(A) Zone 1. Within this zone, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council:
(1) Townhouses at a maximum of 25 units per acre.
(2) Multi-family residential apartment and condominiums at a maximum density of 48 units per acre.
(3) Town offices at a maximum density of 25 units per acre.
(4) Family-care home or day-care home licensed by the State of Minnesota or such home for the care of the mentally or physically handicapped licensed by the State.
(5) Public utility buildings and structures.
(7) Parks and playgrounds.
(8) Public libraries.
(9) Public recreation buildings, community centers and swimming pools.
(10) Municipal government administrative buildings.
(B) Zone 2. Within this zone, no structure shall be used, except as a mixed use that consists of any two or more of the following uses or uses deemed similar by the City Council:
(1) The following retail uses: Antique or gift shops; appliance store (sales and/or repair); art and school supply store; bakery; bank; savings and loan (drive-up teller service and outdoor ATM service are subject to conditional use permit); barbershop; beauty salon; bicycle sales; books; stationery and office supplies; candy; camera and photographic supplies; carpet and rug sales; catering services; china and glassware sales; clothing and costume sales and rental; coin operated amusement devices and similar facilities; department store; drugstore; dry cleaning; dry goods; electronic sales and/or service; florist; furniture store; garden supplies; grocery; hardware store; hobby store; interior decorating; jewelry and watch repair; laundromat; leather goods and luggage; locksmith; musical instruments; nail salon; off-sale liquor store; on-sale liquor, wine or 3.2% beer in conjunction with a Class I restaurant facility; paint and wallpaper sales; photography studio; pipe and tobacco shop; recorded music sales; Class I, II, or III restaurant (no drive-through facilities allowed), subject to the installation of state of the art ventilation equipment in restaurants where applicable; shoe sales or repair; sporting goods; tailoring; theater (except open air drive-in); toy store; and video rental and sales.
(2) Professional offices for doctors, dentists, lawyers, realtors, insurance agents, and similar uses. Individual tenant office spaces shall not exceed 25% of the first floor gross area within any one building.
(3) Offices of a general nature where the operations do not include over-the-counter retail sales or warehousing from the site. Individual offices shall not exceed 25% of the first floor gross area within any one building.
(4) Multi-family residential.
(5) Live/work units when part of a mixed use building.
(6) Community-based family care home, day care home licensed under M.S. § 245.812 or such home for the care of the mentally or physically handicapped licensed by the state.
(7) Public utility buildings and structures.
(8) Home occupation as defined in § 155.003.
(9) Parks and playgrounds.
(10) Public libraries.
(11) Public recreation buildings, community centers, and swimming pools.
(12) Municipal government administrative buildings.
(13) Parking ramps and structures in conjunction with a commercial retail building, residential structure, or residential/commercial mixed use structure.
(14) Hotels.
(C) Zone 3. Within this zone, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council:
(1) Any permitted use specified for Zone 1 of Planned Development Designation No. 739 herein.
(2) Assisted care facility on Lots 1 & 2, Block 10 of The Legacy of Apple Valley North. For purposes of this clause, an “assisted care facility” shall mean a structure or several structures developed as a single facility in which residential housing and limited medical care is provided to persons who reside in a single unit dwelling that includes complete, permanent independent living facilities for the resident, including, but not limited to: living, sleeping, cooking, eating, and sanitation provisions and receives some personalized supportive services or care from the facility staff, but not full, 24-hour personal or medical care.
(D) Zone 4. Within this zone, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council:
(1) The following retail uses: antique or gift shops; appliance store (sales and/or repair); art and school supply store; bakery; bank and savings and loan; barbershop; beauty salon; bicycle sales; books; stationery and office supplies; candy; camera and photographic supplies; carpet and rug sales; catering services; china and glassware sales; clothing and costume sales and rental; coin operated amusement devices and similar facilities; department store; drugstore; dry cleaning; dry goods; electronic sales and/or service; florist; furniture store; garden supplies; grocery; hardware store; hobby store; interior decorating; jewelry and watch repair; laundromat; leather goods and luggage; locksmith; musical instruments; nail salon, on-sale liquor, wine or 3.2 beer in conjunction with a Class I restaurant facility; paint and wallpaper sales; photography studio; pipe and tobacco shop; recorded music sales; Class I, II, or III restaurant (no drive through facilities allowed), subject to the installation of state of the art ventilation equipment in restaurants where applicable; shoe sales or repair; sporting goods; tailoring; theater (except open air drive-in); toy store; video rental and sales.
(2) Professional offices for doctors, dentists, lawyers, realtors, insurance agents, and similar uses. Individual tenant office spaces shall not exceed 25% of the first floor gross area within any one building.
(3) Offices of a general nature where the operations do not include over-the-counter retail sales or warehousing from the site. Individual offices shall not exceed 25% of the gross floor area within any one building.
(4) Parking ramps and structures in conjunction with a commercial building.
(5) A single-story building, provided the following conditions are met:
(a) The height of the building as measured from grade shall be a minimum of 25 feet and shall be designed to appear as a two or more story building. The minimum building height shall not include decorative parapets, towers, or other architectural, ornamental or mechanical treatments.
(b) Any elevation of the building that fronts a public street, sidewalk, parking lot, or open space as defined herein shall have window coverage of a minimum of 35% of the total square feet area of the elevation. The windows in the lower 50% area of the elevation, as measured from grade to the roof line, shall be constructed of a material that allows unobstructed view into the building. Spandrel glass or other false window material shall not be permitted for windows that are located in the lower 50% area of the elevation, but may be installed in the upper 50% area of the elevation. The phrase “open space” shall mean any public right-of-way, public property, and any outdoor private property which is open to the general public, including, but not limited to: plaza areas, court yards, outdoor dining areas, patios, commons, gardens or other feature areas for display to and review by the public.
(6) Publicly owned parking lots and facilities.
(Ord. 739, passed 12-8-03; Am. Ord. 765, passed 1-27-05; Am. Ord. 851, passed 12-11-08; Am. Ord. 938, passed 1-24-13; Am. Ord. 993, passed 7-9-15; Am. Ord. 1037, passed 12-28-17)