(A) Zone 1. Within this zone, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except through the granting of a conditional use permit:
(1) Bowling alley or similar commercial recreation facility;
(2) On-sale liquor in conjunction with a restaurant facility;
(3) Outdoor display or sales conducted by an occupant of a shopping center or free standing facility. Outdoor area to be screened and maintained in a manner to be approved by the City Council;
(4) Service bays for the installation of auto accessories, in conjunction with an auto accessories store, provided there are no more than three bays which shall be screened and oriented as required by the City Council; and
(5) A free-standing building, no larger than 100 square feet in size, with one or more drive-up windows to sell gourmet coffee and ready-to-consume pastries to patrons in automobiles provided that the following conditions are met:
(a) Only one drive-thru structure is permitted within this zone;
(b) Exterior of structure must match surrounding buildings. (Alternate building materials require a conditional use permit);
(c) Design of structure must be compatible with surrounding buildings;
(d) The drive-thru must not eliminate more than the minimum number of parking spaces required for all uses on the parcel;
(e) Stacking lanes must be designed so they do not interfere with existing parking and vehicle circulation;
(f) Landscaping equal to a minimum of 2½% of the value of the building must be installed around the structure;
(g) A minimum of 150 feet for a single stacking lane or 80 feet per lane when there is more than one stacking lane is required;
(h) All stacking lanes must be clearly identified through striping, landscaping and/or signs;
(i) No alcoholic beverages may be sold;
(j) Evidence of issuance of a permit from the Minnesota Department of Health must be provided to the city; and
(k) If the use of the building to sell gourmet coffee and pastries ceases for a period of 30 days, the conditional use permit shall lapse and the building shall be removed. The operator shall be responsible for removal of the building and clean up of the site.
(B) Zone 2. Within this zone, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except through the granting of a conditional use permit:
(1) Motor fuel station and/or service station with minor auto repair facilities, provided that any service bays are screened and oriented as required by the City Council;
(2) On-sale liquor in conjunction with a restaurant facility;
(3) Outdoor display or sales conducted by an occupant of a shopping center. Outdoor area to be screened and maintained in a manner to be approved by the City Council;
(4) Private clubs and lodges not operated for a profit;
(5) Service bays for the installation of auto accessories, in conjunction with auto accessories store, provided there are no more than three bays which shall be screened and oriented as required by the City Council;
(6) Bowling alley or similar commercial recreation facility; and
(7) Class II restaurant as a free-standing facility, provided that the following conditions are met:
(a) A minimum indoor seating capacity of 75 persons is provided;
(b) The indoor seating area overlooks a landscaped green area at least 30 feet in depth;
(c) Kitchen or broiler exhaust systems shall be equipped with state-of-the-art odor scrubber and pollution control devices;
(d) All refuse and trash shall be kept within the building; and
(e) The building, delivery and any drive-through windows shall be oriented and/or screened in a manner to be approved by the City Council.
(8) Drive-through window service in conjunction with a Class I restaurant, subject to the following conditions:
(a) The Class I restaurant shall be a freestanding building.
(b) Only one Class I restaurant with drive-through window service shall be allowed.
(c) All signage associated with the drive-through window service shall adhere to Chapter 154 of the Apple Valley Code of Ordinances.
(C) Zone 3. Within this zone, no structure or land shall be used for temporary outdoor display or promotion carried out by an occupant of the shopping center or by a non-profit civic organization or uses deemed similar by the City Council, except through the granting of a conditional use permit.
(D) Zone 4. Within this zone, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except through the granting of a conditional use permit:
(1) Outdoor display, sales or storage in conjunction with a permitted use. Outdoor area to be screened and/or maintained in a manner to be approved by the City Council;
(2) Service bays as accessory uses for the installation of auto accessories in conjunction with an auto accessory store, provided the bays shall be screened and oriented as required by the City Council;
(3) Motor fuel stations and minor auto repair facilities;
(4) Nursing home, rest home, retirement home or hospital for human care, day-care center, private school;
(5) Off-street parking when the principal site of the off-street parking abuts on a lot which is in another zoning district;
(6) On-sale liquor in conjunction with a restaurant facility;
(7) Private clubs and lodges not operated for a profit; and
(8) Radio and television studio.
(‘81 Code, § A9-3) (Ord. 291, passed 4-21-83; Am. Ord. 351, passed 11-14-85; Am. Ord. 448, passed 7-13-89; Am. Ord. 606, passed 9-28-95
; Am. Ord. 1054, passed 1-24-19)