§ A31-5 CONDITIONAL USES.
   (A)   Zone 1. Within this zone, no structure or land shall be used for the following use or uses deemed similar by the City Council except through the granting of a conditional use permit:
      (1)   Community-based family care home, day care home not licensed under M.S. § 245.812 or a community-based residential care facility or day care facility in a multiple dwelling unit when:
         (a)   Facility meets all existing health, fire, building and housing codes.
         (b)   Separation of one-quarter mile exists between such intervals.
         (c)   Such conditional use permit shall be reviewed at one-year intervals.
   (B)   Zone 2. Within this zone, no structure or land shall be used for the following use or uses deemed: similar by the City Council except through the granting of a conditional use permit:
      (1)   Bank or savings and loan with drive- through teller and ATM services, subject to the following:
         (a)   A maximum of one drive-through teller lane and ATM service lane shall be allowed per lot.
         (b)   Drive-through lanes shall be located in the back of the building and shall not have direct access from an arterial or collector street.
         (c)   Drive lane circulation patterns, including ingress and egress, shall be designed not have an adverse impact to overall pedestrian and vehicular traffic of the area.
      (2)   Day care center, subject to the following:
         (a)   The drop off/pick up lane shall be located in the back of the building and shall not have direct access from an arterial or collector street.
         (b)   The drop off/pick up lane circulation pattern, including ingress and egress, shall be designed not have an adverse impact to overall pedestrian and vehicular traffic of the area.
         (c)   Recreational areas shall be located inside the building or on the roof and shall be appropriately screened and fenced.
      (3)   Health or athletic facilities, subject to the following:
         (a)   The facility shall be contained within a multi-story building with a total building footprint area not to exceed 40,000 square feet.
         (b)   The facility shall be located within this zone to allow for shared parking with adjacent non-conflicting uses.
      (4)   Sidewalk display or sales of goods conducted by an occupant of a retail building subject to review by the Planning Commission and City Council and to the following standards:
         (a)   Sidewalk displays or sales shall be permitted only directly in front of the occupant's business, provided that at least five feet of clearance is maintained at the storefront entrance, the display is located against the building wall and no greater than three feet deep, no higher than the sill of the first floor windows and does not exceed 75% of the length of the storefront.
         (b)   Sidewalk displays or sales shall be clean, litter-free, and well maintained at all times and shall be compatible with the colors and character of the storefront from which the business operates.
         (c)   Sidewalk displays or sales shall be permitted only during business hours and shall be removed at the end of the business day.
         (d)   Items for sale shall be displayed on commercially available or professionally constructed, custom-designed shelving or platforms of waterproof, high quality, and durable materials. Cardboard boxes and wood pallets shall not be used for sidewalk displays or sales.
         (e)   A minimum of five feet sidewalk shall remain clear to allow for unencumbered pedestrian movement.
      (5)   Outdoor sidewalk cafes in conjunction with a restaurant, subject to review by the Planning Commission and City Council and to the following standards:
         (a)   A minimum of five feet of sidewalk along the curb and leading to the entrance of the restaurant shall be maintained free of tables, chairs, and other obstructions.
         (b)   Temporary barriers shall be used as a way of defining the sidewalk cafe area.
         (c)   Extended awnings, canopies, or large umbrellas with colors that complement the building colors may be permitted.
         (d)   Additional outdoor trash receptacles shall be provided.
         (e)   Tables, chairs, planters, trash receptacles, and other elements of street furniture shall be compatible with the architectural character of the building where the restaurant is located and/or city street furniture standards.
   (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 pursuant to the granting of a conditional use permit:
      (1)   Any conditional use specified for Zone 1 of Planned Development Designation No. 739 herein.
   (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 pursuant to the granting of a conditional use permit:
      (1)   Sidewalk display or sales of goods conducted by an occupant of a retail building subject to the following standards:
         (a)   Sidewalk displays or sales shall be permitted only directly in front of the occupant’s business, provided that at least five feet of clearance is maintained at the storefront entrance, the display is located against the building wall and no greater than three feet deep, no higher than the sill of the first floor windows and does not exceed 75% of the length of the storefront.
         (b)   Sidewalk displays or sales shall be clean, litter-free, and well-maintained at all times and shall be compatible with the colors and character of the storefront from which the business operates.
         (c)   Sidewalk displays or sales shall be permitted only during business hours and shall be removed at the end of the business day.
         (d)   Items for sale shall be displayed on commercially available or professionally constructed, custom-designed shelving or platforms of waterproof, high quality, and durable materials. Cardboard boxes and wood pallets shall not be used for sidewalk displays or sales.
         (e)   A minimum of five feet sidewalk shall remain clear to allow for unencumbered pedestrian movement.
      (2)   Outdoor sidewalk seating in conjunction with a restaurant, subject to the following standards:
         (a)   A minimum of five feet of sidewalk along the curb and leading to the entrance of the restaurant shall be maintained free of tables, chairs, and other obstructions.
         (b)   Temporary barriers shall be used as a way of defining the sidewalk cafe area.
         (c)   Extended awnings, canopies, or large umbrellas with colors that complement the building colors may be permitted.
         (d)   Additional outdoor trash receptacles shall be provided.
         (e)   Tables, chairs, planters, trash receptacles, and other elements of street furniture shall be compatible with the architectural character of the building where the restaurant is located and/or the city’s street furniture standards.
(Ord. 739, passed 12-8-03; Am. Ord. 851, passed 12-11-08; Am. Ord. 938, passed 1-24-13)