§ A18-3 CONDITIONAL USES.
   (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 by conditional use permit:
      (1)   Motor fuel sales as an accessory use to a dairy/grocery store operation. No motor vehicle repair facilities allowed;
      (2)   Car-wash bay as an accessory use to a combination dairy/grocery operation with motor fuel sales;
      (3)   Hours of operation in excess of those listed in § A18-6(F); and
      (4)   Buildings constructed with exposed vertical exterior finish material other than those provided under § 155.346 when:
         (a)   The proposed materials represent the same or similar materials used on at least 66.7% of the existing buildings adjacent to the site;
         (b)   The proposed materials are demonstrated to be of comparable grade and quality as those otherwise required; and
         (c)   Under no circumstances shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood, plain or painted plain concrete block or similar materials be used. Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block.
   (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 by conditional use permit:
      (1)   Nursing homes, rest homes, retirement homes or hospitals for human care, day-care centers and private schools;
      (2)   Funeral homes and mortuaries;
      (3)   Art, interior decorating, photographic or music studio provided no retail sales are made of products not manufactured on the site;
      (4)   Radio and television studios;
      (5)   Private clubs and lodges not operated for a profit;
      (6)   Historical buildings, museums, art institutes, galleries and playhouses;
      (7)   Off-street parking when the principal site of the off-street parking abuts on a lot which is in another zoning district;
      (8)   On-sale liquor in conjunction with a restaurant facility;
      (9)   Nurseries and greenhouses;
      (10)   Restaurants, Class I only;
      (11)   Parking decks no more than one level or 15 feet in height, when set back at least 50 feet from any residential property line; and
      (12)   Buildings constructed with exposed vertical exterior finish materials other than those provided under § 155.346 when:
         (a)   The proposed materials represent the same or similar materials used on at least 66.7% of the existing buildings adjacent to the site;
         (b)   The proposed materials are demonstrated to be of comparable grade and quality as those otherwise required; and
         (c)   Under no circumstance shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood, plain or painted plain concrete block or similar materials be used. Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block.
   (C)   Zone 3. Within this zone, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit:
      (1)   Municipal buildings including police, fire, emergency management, and the like, but no public works;
      (2)   Professional offices, banks and savings and loan;
      (3)   Offices of a general nature where the operations do not include over-the-counter retail sales or warehousing from the site;
      (4)   Clinics for human care;
      (5)   Institutional uses, such as library, swimming pool, church, public schools, religious centers, health centers and community building;
      (6)   Community-based family-care home or day-care home not licensed by the state under M.S. § 245.812, or community-based residential-care facility when:
         (a)   Facility meets all existing health, fire, building and housing code; and
         (b)   Separation of one-quarter mile exists between the facilities. The City Council may grant exception to the one-quarter mile rule when either strong community support exists, program effectiveness is closely tied to particular cultural resources in the community or an effective natural or man-made barrier exists between facilities. A conditional use permit shall be reviewed at one-year intervals;
      (7)   Buildings constructed with exposed vertical exterior finish materials other than those provided under § 155.346 when:
         (a)   The proposed materials represent the same or similar materials used on at least 66.7% the existing buildings within 350 feet of the site;
         (b)   The proposed materials are demonstrated to be of comparable grade and quality as those otherwise required; and
         (c)   Under no circumstance shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood or similar materials be used which have no three dimensional relief, nor shall plain or painted concrete block be used. Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block. Materials used for apartment or townhouse dwelling units have the appearance of wood siding having a maximum plank width of 12 inches.
   (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 by conditional use permit:
      (1)   Institutional uses, such as library, swimming pool, church, public schools, religious centers, health centers or medical clinics for human care and community building;
      (2)   Community-based family-care home or day-care home not licensed by the state under M.S. § 245.812, or community-based residential-care facility when:
         (a)   Facility meets all existing health, fire, building and housing codes; and
         (b)   Separation of one-quarter mile exists between the facilities. The City Council may grant exception to the one-quarter mile rule when either strong community support exists, program effectiveness is closely tied to particular cultural resources in the community, or an effective natural or man-made barrier exists between facilities. A conditional use permit shall be reviewed at one-year intervals;
      (3)   Buildings constructed with exposed vertical exterior finish materials other than those provided under § 155.346 when:
         (a)   The proposed materials represent the same or similar materials used on at least 66.7% of the existing buildings within 350 feet of the site;
         (b)   The proposed materials are demonstrated to be of comparable grade and quality as those otherwise required; and
         (c)   Under no circumstances shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood or similar materials be used which have no three dimensional relief, nor shall plain or painted concrete block be used. Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block. Materials used for apartments or townhouse dwelling units have the appearance of wood siding having a maximum plank width of 12 inches.
   (E)   Zone 5. Within this zone, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit:
      (1)   Increased density and/or height for multiple-residential buildings intended for exclusive occupancy by the elderly as follows:
         (a)   In a one-story building, no increase is permitted;
         (b)   In a two-story building, a maximum of 12 dwelling units per acre may be permitted. With applicable density bonuses, this may be increased to 14 units per acre;
         (c)   A three-story building, up to a maximum height of 45 feet, may be permitted. A three-story building must be designed so that the third story has a distinctive architectural treatment from the lower two stories and be integrated into the roofline with dormers, cupolas or similar treatments. The purpose of these differing architectural treatments is to visually lower the overall building height by de- emphasizing continuous vertical elements, textures, and colors; and
         (d)   In a three-story building, if permitted under division (c) above, a maximum of 20 dwelling units per acre may be permitted. With applicable density bonuses, this may be increased to 22 units per acre;
      (2)   Community-based family-care home or day-care home not licensed by the state under M.S. § 245.812, or community-based residential-care facility when:
         (a)   Facility meets all existing health, fire, building and housing codes; and
         (b)   Separation of one-quarter mile exists between the facilities. The City Council may grant exception to the one-quarter mile rule when either strong community support exists, program effectiveness is closely tied to particular cultural resources in the community, or an effective natural or man-made barrier exists between facilities. A conditional use permit shall be reviewed at one-year intervals.
      (3)   Apartment or townhouse dwelling units constructed with exposed vertical exterior finish materials other than those provided under § 155.346 when:
         (a)   The proposed materials represent the same or similar materials used on at least 66.7% of the existing buildings within 350 feet of the site;
         (b)   The proposed materials are demonstrated to be of comparable grade and quality as those otherwise required;
         (c)   Any materials used must have the appearance of wood siding having a maximum plank width of 12 inches. Under no circumstances shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood or similar materials be used which have no three dimensional relief, nor shall plain or painted concrete block be used. Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block; and
         (d)   No increase density is sought for elderly housing under § A18-3(E)(1) preceding.
   (F)   Zone 6. Within this zone, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit:
      (1)   Community-based family-care home or day-care home not licensed by the state under the M.S. § 245.812, or community-based residential-care facility when:
         (a)   Facility meets all existing health, fire, building and housing codes; and
         (b)   Separation of one-quarter mile exists between the facilities. The City Council may grant exception to the one-quarter mile rule when either strong community support exists, program effectiveness is closely tied to particular cultural resources in the community, or an effective natural or man-made barrier exists between facilities. A conditional use permit shall be reviewed at one-year intervals;
      (2)   Apartment or townhouse dwelling units constructed with exposed vertical exterior finish materials other than those provided under § 155.346 when:
         (a)   The proposed materials represent the same or similar materials used on at least 66.7% of the existing buildings within 350 feet of the site;
         (b)   The proposed materials are demonstrated to be of comparable grade and quality as those otherwise required; and
         (c)   Any materials used must have the appearance of wood siding having a maximum plank width of 12 inches. Under no circumstance shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood or similar materials be used which have no three dimensional relief, nor shall plain or painted concrete block be used. Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block.
   (G)   Zone 7a. There are no conditional uses within this zone.
   (H)   Zone 7b. Within this zone, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit, except for one or more of the following uses or uses deemed similar by the City Council:
      (1)   On-sale liquor, wine or 3.2 beer in conjunction with a class I restaurant;
      (2)   Drive-up teller service and drive-up ATM service in conjunction with a bank or savings and loan.
(‘81 Code, § A18-3) (Ord. 577, passed 6-16-94; Am. Ord. 628, passed 6-26-97; Am. Ord. 853, passed 12-23-08)