3. Motion to table action on Resolution No , pending additional information

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Planning Commission Agenda – 11/01/2021

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2A. Public Hearing – Consideration of request for Conditional Use Permit for Group Residential Facility, Multi-Family in an R-2 (Single and Two-Family) Residence District.

Applicant: Kimber, James & Yassa Prepared by: Northwest Associated

Consultants (NAC) Meeting Date:

11/01/2021

Council Date (pending Commission action):

11/22/21

Additional Analysis by: Community Development Director, Chief Building and Zoning Official, Community & Economic Development Coordinator, Project Engineer, Fire Marshal

ALTERNATIVE ACTIONS

Consideration of a Conditional Use Permit for a Group Residential Facility, Multi-Family in an R-2 District.

1. Motion to adopt Resolution No. PC 2021-043, recommending approval of the Conditional Use Permit, based on findings in said resolution, and the conditions of approval as required in the ordinance and in Exhibit Z.

2. Motion to deny the adoption of Resolution No. PC 2021-043, based on findings to be made by the Planning Commission following the public hearing.

3.

Motion to table action on Resolution No. 2021-043, pending additional information from Staff or the applicant.

REFERENCE AND BACKGROUND

Property: Legal Description:

West 1/2 of Lot 9, and Lots 10, 11 and 12, Block 39, Original Plat PID: 155-010-039100

Planning Case Number: 2021-041

Request(s): Conditional Use Permit to establish a four-unit building in the R-2 Zoning District.

Deadline for Decision: December 3, 2021 (60-day deadline) February 1, 2021 (120-day deadline) Land Use Designation: Mixed Neighborhood

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2

Zoning Designation: R-2, Single and Two-Family Residence District Overlays/Environmental

Regulations Applicable: NA

Current Site Uses: Attached Residential

Surrounding Land Uses: North: R-2 Single and Two Family East: R-2 Single and Two Family South: R-2 Single and Two Family West: R-2 Single and Two Family

Project Description: The applicants have requested a Conditional use Permit to allow the conversion of the existing structure (a former funeral home) on the property into a group residential facility. The converted dwelling is intended to be used as a group home which will have a maximum of 12 beds. The applicants refer to the term “assisted living facility”, however, under the City’s definitions, this use would be a “Group Residential Facility, Multi-Family”, or more commonly referred to as a group home. In addition to the bedrooms, other facility features proposed by the applicants include the following:

• Half baths in each room

• Tub/shower rooms on each floor

• Exercise room

• Nursing station

• Conference room

• Office space

• Basement laundry facilities

• Expanded parking area

• Outdoor patio

All proposed structure modifications are proposed to take place within the current footprint of the existing home/structure.

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3 ANALYSIS:

Lot Area Requirement. The subject site is zoned R-2, Single and Two-Family Residence District.

Within R-2 Districts, Group Residential Facilities, Multi-Family are subject to conditional use permit processing.

The standards for Group Residential Facilities are found in Section 5.2 (C)(3):

(b) Group Residential Facility, Multi-Family

(i) Group Residential Facility, Multi-Family shall require authorization through a conditional use permit following the provisions of Section 2.4(D) of this

ordinance, subject to the following conditions:

1. Density of residents shall equal no more than one person per 520 square feet of total net livable area in the principal dwelling.

2. Living accommodations for on-site resident staff shall be deducted from the principal dwelling square footage for purposes of determining density in (1) above.

3. The property shall be developed to provide 2 off-street parking spaces for staff and one space per 3 residents for visitors.

4. Parking areas shall be paved with concrete or bituminous surface, and shall meet all other standards of parking lot design in this ordinance, with the exception that the use shall be exempt from curb requirements.

5. The property shall maintain a minimum of 30% landscaped green space based on the gross area of the property.

6. The building shall be designed and constructed to be consistent with the architectural character of the neighborhood in which it is located.

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4

Site Modifications. The subject property is not expected to change substantially as a result of the internal reconfiguration. Currently, the property is served by a primary driveway along the west side of the property that provides access to a rear yard area dominated by an attached garage and paved parking area. The driveway continues around the structure to another curb cut on the east side of the property. Green space on the site is proposed much as it exists and is limited to the front yard adjacent to Broadway and a small strip of landscaping between the west façade of the building and the existing driveway. As noted in the section cited above, a minimum of 30% green space is required for facilities of this type.

According to the applicant’s narrative, an expansion of the site’s parking area at the rear of the site is proposed as part of the “redoing” of the lot.

A substantial amount of impervious coverage exists on the parcel as a result of both the size of the existing structure and extensive paved area which dominates the side and rear yards.

One option investigated by staff involved the potential removal of the some of the existing concrete driveway along the east side of the structure, replacing this with green space. The current driveway is constructed to cover the entire side yard. It is noted that this driveway is ramped to provide emergency access to the living spaces in the structure. While this change would have the effect of increasing green space, it appears that the driveway is important to retain to ensure that access.

Instead, staff would encourage the applicants to review site plan as to the minimum area needed for parking and circulation area, with the remainder of the site made green space and landscaping. At the current ratio, the site is “grandfathered”; any increase in green space would be welcomed as a reduction in that non-conforming condition.

State Licensing Requirements. The applicants will need to document their licensing and/or registration according to any applicable State and local/County requirements as a condition of approval.

Building Requirements. The City’s ordinance requires a minimum of 520 square feet of net building area per resident. The structure has approximately 4,600 square feet on the main floor (not including the garage), another 1,800 square feet on the second floor, and a lower level conference room of approximately 250 square feet, an overall net total of more than 6,600 square feet. At the required 520 square feet, the structure would accommodate 12.7 residents.

The building department notes that the change of occupancy may result in a requirement that the building add a fire suppression system. The applicants have indicated that they are working with their architect to make the appropriate improvements to the building, including fire

suppression as a part of their remodeling.

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5 STAFF RECOMMENDED ACTION

Staff is supportive of the proposed use of the property. In consideration of the submitted application materials, Staff believes the site (and neighborhood) will benefit from the redesign and resurfacing of the off-street parking area. As part of such effort, it is recommended that an attempt be made to reduce the amount of impervious surface area upon the site.

With the preceding in mind, Staff recommends approval of the Conditional Use permit subject to the conditions listed in Exhibit Z.

SUPPORTING DATA

A. Resolution 2021-043, Conditional Use Permit B. Aerial Image

C. Applicant Narrative D. Site Plan

E. Floor Plan

F. Monticello Zoning Ordinance, Excerpts Z. Conditions of Approval

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6 EXHIBIT Z

CONDITIONAL USE PERMIT

GROUP RESIDENITAL FACILITY FOR UP TO

12 DISABLED ADULT SENIOR RESIDENTS IN AN R-2 DISTRICT 530 WEST BROADWAY

1. The submitted site plan shall be modified to illustrate any possible reduction in impervious surfaces, and replacement with landscaped lawn and trees/shrubs.

2. All applicable State licensing requirements for the proposed “group home” use shall be satisfied. Proof of State licensing shall be provided to the City prior to construction.

3. Recommendations of the City Engineer.

4. Recommendations of Building Department staff.

5. Comments and recommendations of other Staff and Planning Commission.

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CITY OF MONTICELLO PLANNING COMMISSION WRIGHT COUNTY, MINNESOTA

RESOLUTION NO. PC-2021-043

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RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR A GROUP RESIDENTIAL FACILITY, MULTI-FAMILY, IN AN R-2, SINGLE AND TWO FAMILY RESIDENCE DISTRICT,

ADDRESS: 530 BROADWAY STREET PID: 155-010-039100

WHEREAS, the applicant has submitted a request to remodel an existing structure to accommodate up to twelve senior adult residents in a licensed group home; and

WHEREAS, the site is zoned Single and Two Family Residence District (R-2) and, which allows such use by Conditional Use Permit; and

WHEREAS, the proposed use and development are consistent with the Comprehensive Land Use Plan designation of “Places to Live” for the area; and

WHEREAS, the applicants have provided materials documenting the proposed layout of the improvements to the existing building; and

WHEREAS, the exterior dimensions of the proposed building will not be affected by the proposed remodeling; and

WHEREAS, the residents will result in a total occupancy of the building that is similar to other allowed uses in the R-2 District; and

WHEREAS, the residents are under the care of staff and are not likely to significantly increase traffic in the neighborhood; and

WHEREAS, the Planning Commission held a public hearing on November 1^st, 2021 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and

WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and

WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval:

1. The applicant has provided building plans that, subject to review by the City’s Building Department, will demonstrate adequate compliance with various applicably Zoning Ordinance, Fire Code and Building Code requirements.

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2

2. The applicant can provide adequate site plan documentation of compliance with the relevant aspects of the City’s Zoning regulations related to Group Residential Facilities, Multi-Family.

3. The applicant will revise site planning to retain and/or increase impervious surface and green space on the property.

4. The building is a large structure which will accommodate the proposed use without crowding the subject property or neighboring parcels.

5. The site appears adequate to accommodate vehicular traffic and parking, as well as open space and other requirements to accommodate the use.

NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council approve the Conditional Use Permit for a Group Residential Facility, Multi-Family, subject to the conditions identified in Exhibit Z of the Staff report, as listed below:

1. The submitted site plan shall be modified to illustrate any possible reduction in impervious surfaces, and replacement with landscaped lawn and trees/shrubs.

2. All applicable State licensing requirements for the proposed “group home” use shall be satisfied. Proof of State licensing shall be provided to the City prior to construction.

3. Recommendations of the City Engineer.

4. Recommendations of Building Department staff.

5. Comments and recommendations of other Staff and Planning Commission.

ADOPTED this 1^st day of November, 2021 by the Planning Commission of the City of Monticello, Minnesota.

MONTICELLO PLANNING COMMISSION

By: _____________________________________

Paul Konsor, Chair

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3 ATTEST:

____________________________________________

Angela Schumann, Community Development Director

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Request for CUP

Lengthy Legal - See City Hall | 155010039100 | 530 W Broadway St, Monticello, MN 55362

Created by: City of Monticello

121 ft

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Js & Y Dedicated Healthcare services LLC.

The proposed Assisted Living facility will be remodeled, owned, and operated by the proposed applicants. The proposed applicants are licensed bachelor RN nurse with 18 years of experience in health care service and a certified nursing assistant with 14 years of experience in health care service. Both applicants have worked at reputable workplaces.

Js & Y Dedicated Health Care Service's mission is to maximize the highest quality of life of senior’s citizens and those with disabilities in need of assisted living or congregational living facilities. By providing individualized, high-quality care facilities that promote a safe, healthy, and caring environment. And to protect, advocate, and enhance everyone’s health in our community by delivering holistic care that will meet their physical, spiritual, and mental needs.

The proposed building will be remodeled and use as an assisted living facility with 12 single-occupancy units/ beds. And will have supporting common areas to meet the needs of each resident in our community. When the remodeling is completed, the proposed facility/ assisted living will be approximately 6120

square feet in size. The estimated cost to remodel the building is roughly $400,00 .00, provided by community bank.

This Assisted Living Facility project is consistent with the zoning code of Monticello, wright county, as a residential/multifamily housing. At the final analysis, this economic development in wright County will provide non-seasonal and add good-paying jobs that will strengthen the health of wright County and its surroundings.

When the remodeling is completed and entirely operated, Assisted Living Facility

will add approximately ten full-time and five part time equivalent jobs and more

than $280,500.00 in annual wages and compensation to the local economy of

Wright County. The Assisted Living Facility will be an essential community facility

when completed and fully occupied. The facility will operate and run with 15

staffs. The 12 units will allow residents to live in their room within the Assisted

Living Facility and give them the ability to gather in the common areas around for

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meals or social activities. The facility will also have one functional elevator that enables our residents to move from the lower floor to the upper floor safely. And the portion of the property that does not have a fence will be fenced using a chain link, wood, or steel (one side and the back of the yard). We will provide nursing services, Social and recreational activities. Our intention for the community is for this Assisted Living Facility to meet the desire needs of the residents we will serve. This Facility will be an assisted living facility designed and operated by dedicated licensed staffed and will be licensed to provide daily living and health care assistance to its elderly residents.

There will be approximately ten parking spaces for the residents, employees, and visitors after the remodeling.

The Assisted Living Facility will have a Business Plan for Wright County and the surrounding areas to provide exceptional and reliable care at an affordable price, implementing "best practices" to enrich the quality of life for the residents

served.

Js & Y Assisted Living Facility will focus on providing assisted living services at the 12-unit facility. In compliance with Minnesota Department of Health licensing for Assisted Living Facilities.

Our services will include but not limited to the follow:

Twenty-four (24) hours a day access to medical staff/personnel. This will include nurses and other medically trained staffs who will be on-site 24 hours a day in an emergency, provide medication management, and supervise daily living activities.

Nursing staff will make rounds and be aware of the resident's general

whereabout. The number of personnel will be proportional to the occupancy level of the facility. Staffs will include a Register nurse, licensed practical nurse,

administrator, certified nurse assistants, personal care attendants, a

health/wellness director, an activity director, a food service manager, cooks, and maintenance personnel.

Assistance will be given as needed to the resident who needs help with activities of daily living, such as dressing, bathing, and using the bathroom, eating, a

reminder to take medicine, medication set up, setting up appointments and

getting them to their appointments when needed.

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The facility will also incorporate a health and exercise program.

The facility will provide Three meals a day in a central dining area for meals or eat in their rooms. There will be one full-size kitchen, which will be located on the lower floor. Each level will contain an area with sink, refrigerator, coffee maker and microwave.

The facility will also provide transportation to local medical facilities and

businesses and surrounding hospitals when needed. The Assisted Living Facility will include activities and other components necessary to enrich residents' quality of life.

We want to assure the city of Monticello, Wright County, that we both have long years of experience in the health care industry, which has fully equipped and prepared us to provide the best quality service in Wright County and its surroundings.

We want to thank the City of Monticello for giving us that opportunity to serve its residents and the surroundings.

CORE VALUES

To provide a safe environment for clients and meet their physical, mental, spiritual, and health needs to those we serve.

To hire and train qualified and ethical staff members to ensure the quality of care exceeds our peers.

To make a profit through the quality of care that we provide.

There will be no changes to the following natural features such as the woodlands, wetlands, and shorelines. There will be no changes to the site landscaping and screening plants, such as trees and shrubs.

The number of employees on site during any given shift will vary. There will be

about 1 to 4 staffs during any given shift.

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CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses

City of Monticello Zoning Ordinance Page 301

TABLE 4-7: MINIMUM OFF-STREET PARKING SPACES BY USE

Use Type Minimum # of Spaces & Additional Requirements Residential Uses

Detached Dwelling 2.0 spaces for each dwelling unit

Duplex 2.0 spaces for each dwelling unit

Townhome 2.5 spaces for each dwelling unit, of which two (2) must be enclosed, plus one (1) guest parking space for every four (4) units

Multiple Family

In general 2.5 spaces for each dwelling unit, of which two (2) must be enclosed, plus one (1) guest parking space for every four (4) units, or as may otherwise be specified in the zoning district

Senior housing

Reservation of area equal to 1.0 space per unit

 Initial development shall require only 0.5 spaces per unit, and said number of spaces may continue until such time as the City Council considers a need for additional parking spaces has been demonstrated Group Residential Facility, Single

Family 2.0 spaces for each three persons for whom sleeping accommodations are provided

Group Residential Facility, Multi-

Family 2.0 spaces for each three persons for whom sleeping accommodations are provided

Manufactured Home 2.0 spaces per manufactured home Civic and Institutional Uses

Active Park Facilities (public or private)

5.0 spaces for each acre of park over one (1) acre; two (2) spaces per acre for playgrounds; and ten (10) spaces for each acre of play field

 When a public recreation site has more than one (1) use designation, the areas must be divided for determining the required parking Assisted Living Facilities 0.5 spaces for each assisted living unit (a required half space shall be

rounded up)

Baseball Fields, Stadium 1.0 space for each eight (8) seats of design capacity

Cemeteries See Parking Schedule #2 [Section 4.8(H)(3)]

Clinics/Medical Services 4.0 spaces for each one thousand (1000) square feet

Hospitals 2.0 spaces per each bed

Nursing/Convalescent Home 4.0 spaces plus one (1) for each three (3) beds for which accommodations are offered

Passenger Terminal 8.0 spaces plus one (1) additional space for each eight hundred (800) square feet of floor area over one thousand (1000) square feet Passive Parks and Open Space See Parking Schedule #2 [Section 4.8(H)(3)]

Public Buildings or Uses 10.0 spaces plus one (1) for each one hundred fifty (150) square feet in excess of two thousand (2000) square feet of floor area in the principal structure

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CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure

TABLE 5-1: USES BY DISTRICT (cont.)

Use Types

“P” = Permitted

“C” = Conditionally Permitted

“I” = Interim Permitted

Base Zoning Districts

Additional Requirements O A R

A R 1 R

2 T N R

3 R 4 M

H B 1 B

2 B 3 B

4 C C D

B I C

1 I I 2

Residential Uses 5.2(C)(1)

Attached Dwelling Types 5.2(C)(2)(a)

- Duplex P C

*SEE TABLE 5-1A

5.2(C)(2)(b)

- Townhouse C P 5.2(C)(2)(c)

- Multiple-Family C P C C 5.2(C)(2)(d)

Detached Dwelling P P P P P P ^None

Group Residential

Facility, Single Family P P P P P ^5.2(C)(3)

Group Residential

Facility, Multi-Family C C C ^5.2(C)(3)

Mobile & Manufactured

Home Park C C C P C ^5.2(C)(4)

Civic & Institutional Uses Active Park Facilities

(public) P P P P P P P P P P P P

*SEE TABLE 5-1A

P P P None

Active Park Facilities

(private) P P P P P P P ^5.2(D)(1)

Assisted Living Facilities C P C C P ^5.2(D)(2)

Cemeteries C C C C C C C ^5.2(D)(3)

Clinics/Medical Services C P P C ^None

Essential Services P P P P P P P P P P P P P P P None

Hospitals C P P C ^5.2(D)(4)

Nursing/Convalescent

Home C C C C C C C C C P ^P ^5.2(D)(5)

Passenger Terminal C C C C ^None

Passive Parks and Open

Space P P P P P P P P P P P P P P P None

Place of Public Assembly C C C C C P C 5.2(D)(6)

Public Buildings or Uses C C C C C C C P C C P P C P P 5.2(D)(7)

Public Warehousing

Temporary I I I 5.2(D)(8)

Schools, K-12 C C C C C _C _I _I ^5.2(D)(9)

Schools, Higher

Education _C ^None

Utilities (major) C C C 5.2(D)(10)

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CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (C) Regulations for Residential Uses

(iii) Private driveways for garages in townhouse developments shall provide a minimum of twenty (20) feet worth of parking space which does not interfere with the use of public sidewalks or trails.

(iv) Setbacks:

1. Buildings in townhouse developments shall be located at least twenty (20) feet apart and twenty (20) feet from the back of the curb of a private roadway.

2. The applicable setbacks required in the underlying zoning district shall be met along the perimeter lot lines of the development and along all public roadways.

(d) Multiple Family

(i) Development of a multiple family building shall be compatible with the existing and planned land use of the area and conflicts shall not be created between commercial and residential use and activities.

(ii) If in the R-2 district, multiple family buildings shall be limited to four dwelling units.

(iii) If in the B-2 District, multiple family buildings shall be adequately served by a collector or arterial street.

(iv) If in the B-1, B-2 or CCD district, multiple family units shall be in the form of apartments or condominiums located above the first floor of the building, unless otherwise authorized to be on the first floor by a conditional use permit meeting the following additional standards:

1. The proposed site for residential use is consistent with the goals and objectives of the Downtown Revitalization Plan.

2. The proposed site does not interrupt the flow of commercial pedestrian traffic in the “CCD” district.

3. Density for ground floor residential units shall not exceed one unit per 9,000 square feet of lot area, exclusive of land area utilized by, or required for, permitted uses on the property.

(v) Multiple family housing in the R-3, B-1, B-2 or CCD zoning districts shall be subject to the requirements found in Table 3-8 of Chapter 3.4 of this Ordinance.

(vi) Multiple family housing in the R-4 zoning district shall be subject to the requirements found in Table 3-9 of Chapter 3.4 of this Ordinance.

(3) Group Residential Facility

(a) Licensed day care facilities qualifying as group residential facilities shall adhere to the following:

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CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards

Subsection (C) Regulations for Residential Uses

Page 370 City of Monticello Zoning Ordinance

(i) No overnight facilities are provided for the children served. Children are delivered and removed daily.

(ii) All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured.

(b) Group Residential Facility, Multi-Family

(i) Group Residential Facility, Multi-Family shall require authorization through a conditional use permit following the provisions of Section 2.4(D) of this ordinance, subject to the following conditions:

1. Density of residents shall equal no more than one person per 520 square feet of total net livable area in the principal dwelling.

2. Living accommodations for on-site resident staff shall be deducted from the principal dwelling square footage for purposes of

determining density in (1) above.

3. The property shall be developed to provide 2 off-street parking spaces for staff and one space per 3 residents for visitors.

4. Parking areas shall be paved with concrete or bituminous surface, and shall meet all other standards of parking lot design in this ordinance, with the exception that the use shall be exempt from curb

requirements.

5. The property shall maintain a minimum of 30% landscaped green space based on the gross area of the property.

6. The building shall be designed and constructed to be consistent with the architectural character of the neighborhood in which it is located.

(4) Manufactured Homes / Manufactured Home Park (a) Manufactured Homes in General

All manufactured homes within the City of Monticello shall be built in conformance with the manufactured home building code and comply with all provisions of this ordinance.

(b) Manufactured Home Parks

Development of new manufactured home parks shall be encouraged to use the planned unit development (PUD) process to allow the City to vary or modify the strict application and requirements for manufactured home parks to more readily accommodate this type of development. However, absent

development through a PUD, the following requirements shall apply:

(ii) In General:

1. The minimum total manufactured home park area shall be five acres.

2. Each designated mobile home site shall not be less than 2,500 sf.

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CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (B) Lots

GARAGE SALE: The sale of miscellaneous used items commonly associated with residential use. Garage sales shall not be for the sale of primarily a single commodity. The term “garage sale” includes “sidewalk sale,” “yard sale,” “basement sale,” and “estate sale.”

GENERAL WAREHOUSING: Structures used for the storage or distribution of goods where there is no sale of items to retailers or the general public unless permitted as an accessory use to the warehouse.

GRADING: Excavation or fill of material, including the resulting conditions thereof.

GRADING, DRAINAGE AND EROSION CONTROL PERMIT : A permit issued by the municipality for the construction or alteration of the ground and for the improvements and structures for the control of erosion, runoff, and grading. Herein after referred to as “Grading Permit”.

GRADING, DRAINAGE AND EROSION CONTROL PLANS: A set of plans prepared by or under the direction of a licensed professional engineer. Plans are required to indicate the specific measures and sequencing to be used to control grading, sediment and erosion on a development site during and after construction as detailed in the City of Monticello “Plan Requirements and Design Guidelines”.

GREENHOUSE/CONSERVATORY: A structure, primarily of glass, in which temperature and humidity can be controlled for the cultivation or protection of plants

GROUP RESIDENTIAL FACILITY, SINGLE FAMILY: A state-licensed facility, public or private, which regularly provides a planned combination of living conditions, services, and resources for the treatment, rehabilitation, training, supervision, or care of persons residing on the premises which falls into one of the following categories: 1) a state licensed residential facility serving six or fewer persons; 2) registered housing with services establishment serving six or fewer persons; 3) a licensed day care facility serving 12 or fewer persons, or 4) a group family day care facility licensed to serve 14 or fewer children. This term does not include any type of residential or non-residential facility for persons convicted of crimes, or for persons accused of crimes who are diverted to the facility before conviction; nor does it include a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses.

GROUP RESIDENTIAL FACILITY, MULTIFAMILY: A state-licensed facility, public or private, which regularly provides a planned combination of living conditions, services, and resources for the treatment, rehabilitation, training, supervision, or care of persons residing on the premises which falls into one of the following categories: 1) a state licensed residential

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CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions

Subsection (B) Lots

Page 490 City of Monticello Zoning Ordinance

facility serving between seven (7) and sixteen (16) persons, or 2) a licensed day care facility serving between thirteen (13) and sixteen (16) persons. This term does not include any type of residential or non-residential facility for persons convicted of crimes, or for persons accused of crimes who are diverted to the facility before conviction; nor does it include a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses.

GROWLER: A 64 fluid ounce (1.89 liter) container of beer that is made available for purchase at the brewery where it’s produced. Said container is available for off-sale consumption only.

HELIPORT: An area used or intended to be used for the landing and takeoff of helicopters, and may include any or all of the areas of buildings appropriate to accomplish these functions HEAVY INDUSTRIAL USE (see “HEAVY MANUFACTURING”)

HIGH RISK TREE: Any tree with structural defects sufficient to render the tree or part of the tree likely to fail and cause damage to persons, property, or other significant vegetation, as determined by a qualified arborist or other tree professional.

HOME OCCUPATION: An occupation carried on in a dwelling unit by the resident thereof;

provided that the use is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof.

HOOP BUILDING (see also “tarp garage”): A portable or permanently anchored structure defined mainly by a steel or PVC frame over which a cover made from plastic, tarp, or other similar type fabrics or materials is placed.

HOSPITAL: A facility providing medical, psychiatric, or surgical services

for sick or injured persons primarily on an inpatient basis, including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, and

administration, and services to patients, employees, or visitors.

IMPERVIOUS SURFACE: A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, parking lots, storage areas and concrete, asphalt, or gravel driveways or roads.

Hoop Building