The purpose of this subsection is to establish standards for specific uses to ensure they maintain the general welfare, public health, and safety of the city.
Subd. 1. Accessory dwelling unit, provided that:
1. A building unit is required for all accessory dwelling units;
2. One attached or detached accessory dwelling unit shall be allowed as an accessory use to a single-family dwelling;
3. An attached or detached accessory dwelling unit shall comply with the same minimum building setback requirements as required for the principal dwelling unit;
4. An accessory dwelling unit shall be a clearly incidental and subordinate use, the gross floor area of which shall not exceed the gross floor area of the principal dwelling unit or 1,000 square feet, whichever is less;
5. The exterior design of an accessory dwelling unit shall incorporate a similar architectural style, roof pitch, colors, and materials as the principal building on the lot, and shall be compatible with the character of the surrounding residential buildings;
6. There shall be no separate ownership of the accessory dwelling unit;
7. In addition to the parking spaces required for the principal dwelling unit on the lot, two off-street parking spaces shall be provided for an accessory dwelling unit. Such accessory dwelling unit parking spaces shall not conflict with the principal dwelling unit parking spaces and shall comply with the requirements of this chapter;
8. An accessory dwelling unit shall have a separate address from the principal dwelling unit on the lot and shall be identified with address numbers;
9. The principal dwelling unit and accessory unit shall be created and maintained in compliance with the Building Code; and
10. The principal dwelling unit and accessory dwelling unit shall be connected to municipal sewer and water.
Subd. 2. Assisted living facility, but not including hospitals or similar institutions, provided that:
1. Side yard setbacks shall be double the minimum requirements established for the zoning district;
2. Only the rear yard shall be used for recreational areas. Said areas shall be fenced and controlled and screened as required by this chapter;
3. If the facility exceeds a density of ten units per acre or is greater than 24 units total, the site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which is generated;
4. All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured;
5. The following commercial uses shall be allowed accessory to assisted living facilities and may be approved as part of the conditional use permit. It is the intent of this subsection that said uses primarily serve and benefit the residents of said facilities.
a. Financial institutions;
b. Personal services;
c. Limited retail sales;
d. Newsstand;
e. Pharmacy; and
f. Clinics.
6. Performance Standards. All accessory uses listed herein shall conform to the following provisions.
a. Location. All uses shall be located completely within the principal structure of the residential facility.
b. Access. No separate exterior entrance or exit shall be allowed for any accessory use(s).
c. Signage. No exterior signage of any type shall be allowed for any accessory use(s).
d. Size. All combined commercial accessory uses within a single building shall not exceed 3,000 square feet gross floor area.
e. Hours. No accessory use shall be open for operation between the hours of 9:00 p.m. and 8:00 a.m.
f. Parking. Sufficient parking for the commercial use(s) shall be provided in accordance with subsection 1006.03.
Subd. 3. Canopies associated with automobile service stations and convenience stores with gasoline and located over pump islands or associated with banks shall be allowed as accessory structures, subject to the following provisions.
1. Canopy setbacks shall be a minimum of 15 feet from the property line. Adequate visibility both on- and off-site must also be maintained.
2. Maximum canopy height may not exceed 20 feet and shall provide a minimum clearance of 14 feet.
3. Canopy facades may not exceed three feet in height.
4. Canopy lighting shall be recessed, and reflected glare or spill light may not exceed five-tenths foot candles, as measured on the property line when abutting residentially zoned property and one foot candle measured on the property line when abutting other commercial or industrially zoned property.
5. Signage may be allowed on the canopy as permitted by City Code Chapter 13.
Subd. 4. Car washes (drive-through, mechanical, and self-service); provided that the following are met.
1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot.
2. Magazine or stacking space is constructed, with screening, to accommodate that number of vehicles which can be washed during a maximum 30-minute period and shall be subject to the approval of the city.
3. The entire area other than occupied by the building or plantings shall be surfaced with bituminous surfacing and surrounded by continuous perimeter concrete curbing. Site surfacing and drainage is subject to the approval of the city.
4. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement, and shall be subject to the approval of the city.
5. Provisions are made to control and reduce noise in accordance with the noise control provisions of this chapter.
Subd. 5. Cemeteries or memorial gardens; provided that the following are met.
1. The use is public or semi-public; and
2. The use meets the minimum setback requirements for principal structures.
Subd. 6. Day care facility. a state licensed facility, either as a primary, stand alone, or accessory use, provided that the following are met.
1. Outdoor Play Area.
a. Outdoor play areas and parking areas are landscaped and screened from abutting residential properties and arterial and collector roadways in compliance with subsection 1006.06;
b. Outdoor play areas are fenced and enclosed; and
c. Outdoor play areas are not allowed within the required front yard setbacks.
2. The site and related parking and service are served by a street of sufficient capacity to accommodate the traffic which will be generated.
3. Adequate off-street parking is provided in a location separated from any outdoor play area(s). Adequate short-term parking or drop off area is provided within close-proximity to the main entrance.
4. The conditions of all applicable Minnesota rules and regulations are satisfactorily met. No facility shall begin operation without a state license. Proof of approved applicable state licenses shall be provided to the Zoning Administrator.
Subd. 7. Day care as a conditional accessory use.
1. Accessory Use. The day care facility is an accessory use, located within the building of the principal permitted use and provided for employees of the principal use.
2. Outdoor Play Area. Outdoor play areas and parking areas are landscaped and screened from abutting residential properties in compliance with subsection 1006.06.
Subd. 8. Detached off-site accessory building associated with a single-family residential use, provided that:
1. The land upon which the accessory building is to be located is under the same ownership as the land to which it is to be an accessory;
2. All applicable building setback and performance standards of this chapter are satisfactorily met;
3. The lot upon which the principal structure (detached single-family dwelling) exists does not comply with minimum area requirements of the zoning district in which it is located;
4. The lot upon which the off-site accessory structure is to be located:
a. Does not abut the side yard of the lot upon which the principal structure (detached single-family dwelling) exists;
b. Does not comply with minimum area requirements of the zoning district in which it is located;
c. Lies not more than 100 feet from the lot upon which the principal structure (detached single-family dwelling) exists;
d. If the lot abuts an alley, access is provided only via the alley; and
e. Is formally bound to the property on which the principal use is located through a deed restriction which is subject to the approval of the City Attorney. Said deed restriction shall be filed with the County Recorder or Registrar of Deeds and written evidence of recording shall be provided to the city prior to issuance of a building permit for the accessory structure.
5. The accessory structure is used solely by the owner of the principal structure (detached single-family dwelling) to which it is an accessory and shall not be rented or leased;
6. No home occupation activities are conducted in the off-site accessory structure;
7. Use of the off-site accessory structure is limited primarily to vehicle storage with a maximum of 20% of the accessory structures area being devoted to the storage of other equipment or materials; and
8. The provisions of subsection 1002.08 are considered and determined to be satisfied.
Subd. 9. Drive-Through Lanes. Drive-through lanes shall comply with the following.
1. The principal building shall be located only on a site having direct access to a minor arterial street, collector or service road.
2. All portions of the business with drive through facilities established after July 20, 2002 (effective date of ordinance), including, but not limited to, the building in which they are located, service windows and stacking spaces, shall be located across an arterial or collector street from residentially zoned or guided property, or shall be set back at least 150 feet from residentially zoned or guided property and provide a buffer yard consistent with the provisions of subsection 1006.06.
3. No part of the public street or boulevard may be used for stacking of automobiles.
4. The facility’s public address system shall not be audible from any adjacent residentially zoned or guided property and comply with the provisions of subsection 1006.01.
5. Businesses with one drive-through lane shall provide stacking space for at least ten vehicles, and businesses with two or more drive through lanes shall provide stacking space for at least six vehicles per lane, as measured from and including the last pick up station, window, or the like. Stacking spaces shall not interfere with parking spaces or traffic circulation.
6. The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections.
7. All elements of the drive through service area, including, but not limited to, menu boards, order stations, teller windows, and vehicle lights from the stacking lanes, shall be screened from adjacent residentially zoned or guided property pursuant to subsection 1006.06.
8. A lighting and photometric plan will be required that illustrates that the drive-through service lane lighting shall comply with subsection 1006.01.
9. The stacking lane, order board intercom, and window placement shall be designed and located in such a manner as to minimize noises and glare as to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site.
10. The stacking lanes and their drive’s access must be designed to control traffic in a manner to protect the buildings and green area on the site.
11. The hours of operation may be limited as necessary to minimize the nuisance factor such as traffic, noise, or glare.
Subd. 10. Essential service structures, provided that:
1. No building shall be located within 50 feet from any lot line of an abutting lot in a residential zoning district; and
2. The architectural design of the service structure shall be compatible to the neighborhood in which it is to be located.
Subd. 11. A state licensed facility serving seven or more persons, provided the facility is licensed by the state and the operator of the facility provides documentation of compliance with all applicable federal, state, and county regulations.
Subd. 12. Kennels, commercial; provided that they are only allowed as a secondary use.
Subd. 13. Motor fuel stations; provided that the following are met.
1. Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Section for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property.
2. Motor fuel facilities are installed in accordance with state and local standards. Additionally, adequate space shall be provided to access gas pumps and to allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations do not conflict with circulation, access, and other activities on the site.
3. Fuel pumps shall be installed on pump islands. Pump islands and their related parking and maneuvering aisle shall be located no closer to the street or adjacent property line than 30 feet. Fuel pump islands shall not encroach upon street right-of-way, pedestrian areas, or adjacent property.
4. Minor auto repair sites shall have a minimum lot area of 22,500 square feet.
5. Motor fuel facilities shall be accompanied by a commercial building having a minimum floor area of 1,600 square feet. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot.
6. The entire site other than that taken up by a building, structure, or plantings shall be surfaced with either concrete or bituminous to control dust and drainage. Site surfacing and drainage is subject to the approval of the city.
7. A curb not less than six inches above grade shall separate the public sidewalk from motor vehicle service areas.
8. At the boundaries of a residential district, a strip of not less than ten feet shall be landscaped and screened in accordance with subsection 1006.06.
9. Magazine or stacking space is constructed with screening subject to approval of the city.
10. An internal site pedestrian circulation system shall be defined, and appropriate provision made to protect such areas from encroachments by parked cars or moving vehicles.
11. Noise control shall be as required in subsection 1006.01.
12. No outdoor storage, except as allowed in compliance with this chapter, may occur on-site.
13. There shall be no outdoor service operation of lubrication equipment, hydraulic lifts of service pits, tire changing, drive systems repair and tuning, or similar operations.
14. Sale of products other than those specifically mentioned in this sub-section shall be limited to those allowed in this district and shall be subject to approval as part of the conditional use permit.
15. Open storage of motor vehicles shall not be permitted for a period of more than 48 hours and said open storage areas shall be screened in accordance with subsection 1006.06.
16. No sales or rental of motor vehicles, trailers, or campers shall be permitted.
Subd. 14. Motor vehicle sales, service, leasing/rental, and repair is allowed as a conditional use provided that the following are met.
1. The minimum building size for any auto sales use shall comply with the following standards.
Parcel Size | Lot Coverage % | Minimum Building Size
|
Up to 2 acres | 5% | 2,500 square feet |
More than 2 acres to 4 acres | 10% | 10,000 square feet |
More than 4 acres | 15% | 40,000 square feet |
2. The subject site must be accessible from a major arterial or collector street as defined by the City Comprehensive Plan.
3. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. All sides of the principal and accessory structures are to have essentially the same or a coordinated, harmonious finish treatment.
4. The minimum lot area shall be one acre. The minimum lot width shall be 100 feet.
5. The outdoor automobile sales/leasing/rental area shall not be greater than one and one-half times the gross floor area of the principal building. A minimum of 280 square feet of sales/leasing/rental area per vehicle shall be provided.
6. All parking areas, driveways, outdoor storage areas shall be at least ten feet from all side and rear property lines. The area shall be screened and landscaped as provided for in subsection 1006.06.
7. Outdoor motor vehicle sales/leasing/rental display area may be permitted within the required front yard, provided the following criteria are met.
a. The outdoor sales/leasing/rental area does not exceed 40% of the required front yard.
b. The outdoor sales/leasing/rental area shall not be less than ten feet from the front lot line.
c. The required display area setback shall be curbed and landscaped to prevent vehicle encroachment into the front yard and side yard setback areas.
d. Front yard display area shall comply with the sales/leasing/rental area per vehicle of Subd. 14(5) above.
e. The front yard display area shall not be used for customer or employee parking.
8. The outdoor storage of waste material, debris, refuse, damaged vehicles, and junk vehicles parts and the like shall be contained within a specifically defined area of the site no greater than 10% of the total site area. Said area must be located in the rear yard and encompassed by a minimum six- foot high screened and secured, privacy fence. Said fence must be accompanied by landscape plantings along all sides which face adjoining properties. No outdoor storage of any kind is allowed on the rooftop of any building on the site. Areas intended for the storage of damaged vehicles that may result in the loss of motor vehicle fluids (i.e. gasoline, oil, antifreeze, transmission fluid, battery acid, and the like) shall be designed to prevent the infiltration or drainage of these fluids into area soils or storm water runoff and prevent the deterioration of parking and storage area surface.
9. The outdoor repair of motor vehicles or motor vehicle parts anywhere on the property is prohibited.
Subd. 15. Outdoor dining as an accessory use for restaurants, brewpubs, taprooms, drive-in, and convenience food establishments. This accessory use does not include and does not limit temporary uses regulated in subsection 1002.10. Outdoor dining is subject to the following conditions.
1. The applicant is required to submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations.
3. All lighting be hooded and directed away from adjacent residential uses in accordance with subsection 1006.01.
4. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following.
a. Outdoor dining area shall be segregated from through pedestrian circulation by means of temporary fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the Zoning Administrator.
b. Minimum clear passage zone for pedestrians at the perimeter of the restaurant shall be at least five feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like.
c. Overstory canopy of trees, umbrellas, or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of eight feet above the sidewalk.
5. The dining area is surfaced with concrete, bituminous or decorative pavers, or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface.
6. A minimum width of 36 inches shall be provided within aisles of the outdoor dining area.
7. Storage of furniture shall not be permitted on the sidewalk between November 1 and March 31. Sidewalk furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subject to the storage prohibition of this subsection. However, any immovable or permanently fixed or attached furniture must be approved as part of the administrative permit application.
8. Additional off-street parking shall be required pursuant to the requirements set forth in subsection 1006.03, based upon the additional seating area provided by the outdoor dining area.
9. Refuse containers are provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter.
Subd. 16. Open or outdoor service, sale, and rental is an accessory use under a conditional use permit provided that the following are met.
1. Outside services, sales, and equipment rental connected with the principal use is limited to 30% of the gross floor area of the principal use.
2. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting “R” District in compliance with subsection 1006.06.
3. Sales area is surfaced with asphalt or concrete to control dust, mud, and to provide clean and useable surface.
4. The use shall be setback at least ten feet from all property lines.
Subd. 17. Outdoor storage, accessory, provided that the following are met.
1. The outdoor storage area shall not be located in the front yard.
2. The outdoor storage area shall be fully fenced, screened, and/or landscaped according to a plan in compliance with subsection 1006.06 and subject to the approval of the Zoning Administrator from all public rights-of-way, commercial land uses, and residential land uses.
3. Surface area:
a. In the I-2 Zoning District, the outdoor storage area is surfaced with asphalt or other similar material to control dust and weeds and subject to the approval of the City Engineer.
b. In the I-3 Zoning District, the outdoor storage area is surfaced with a material to control dust and weeds and subject to the approval of the City Engineer. Outdoor storage directly upon grass or landscaping is prohibited.
4. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance within subsection 1006.01.
5. The outdoor storage area shall not encroach upon required parking space or required loading space as required by this chapter.
6. The property stored shall not include any waste, except as provided for in subsection 1006.01.
7. The outdoor storage area shall not encroach into the required rear yard or side yard setback area if abutting a residential district.
8. Procedure:
a. In the I-2 District, an interim use permit is required.
b. In the I-3 District, an administrative permit may be issued provided the ratio of storage area to building footprint does not exceed seven-to-one. An interim use permit is required to exceed the maximum ratio of seven-to-one.
Subd. 18. Public, educational, and religious buildings; provided that the following are met.
1. No building shall be located within 50 feet of any lot line abutting residential districts.
2. If the use contains outdoor operations, the following shall be met.
a. Equipment is completely enclosed in a permanent structure or screened. Water towers shall be exempt from this provision.
b. Open storage of maintenance equipment and trucks over one and one-half tons, stockpiling of aggregate or other materials, and open storage of shall not be permitted.
Subd. 19. Recreational field, structure, or building; provided that:
1. Principal structures shall be located 100 feet or more from any lot line; and
2. Accessory structures and parking areas shall be located a minimum of 50 feet from any lot line.
Subd. 20. Septic and well development may be allowed on parcels identified as 65-026-2201 and 65-026-2000 and as described in subsection 1006.02 prior to municipal utilities provided that:
1. The proposed development is consistent with the Land Use Plan in the adopted Comprehensive Plan;
2. The proposed development will not preclude full utilization of the site development potential when municipal infrastructure services are available;
3. The property does not have sewer and water immediately available to the site. Sewer and water is considered available when the property is located within 1,000 feet of any municipal water and sanitary sewer mains;
4. The applicant will provide temporary on-site wells and septic until municipal sanitary sewer and water are available;
5. The site is designed to accommodate sewer and water connections as determined by the City Engineer;
6. The use may continue until city sewer and water are extended to the property line of the site. When connection to the municipal sanitary sewer system and water system is available at the property, such connections shall be made within three years and sanitary sewer and water distribution facilities shall be adequate to serve the development. The applicant agrees to pay all area charges and connection fees upon connection to municipal infrastructure;
7. The use will not result in groundwater, soil, or other contamination which may endanger the public health;
8. The use will not prematurely require or increase future city utility service demands and expense; and
9. The use will not jeopardize public safety and general welfare.
Subd. 21. Short-term rental; provided that:
1. No person shall operate a short-term rental dwelling building or unit without first having obtained a license to do so from the city in conformance with Section 915. The required administrative permit is processed as a license if no site modifications are being completed;
2. Tents, campers, trailers, and similar may not be rented out or used as residences. Only those places of residence with active certificates of occupancy (CO) for habitation may be rented;
3. The short-term rental dwelling building or unit shall be compliant with all local, state, and federal regulations; and
4. Rental units may be inspected by the Building Official, health authority, fire prevention officer, and/or such other inspectors as the city deems necessary for purposes of this Section.
Subd. 22. Truck or freight terminal; provided that:
1. All servicing of vehicles and equipment shall occur entirely within the principal structure;
2. To the extent required by state law and regulations, painting shall be conducted in an approved paint booth, which thoroughly controls the emission of fumes, dust, or other particulated matter;
3. Storage and use of all flammable materials, including liquids and rags, shall conform to applicable provisions of the state uniform fire code;
4. Parking, driveway, and circulation standards and requirements shall be subject to the review and approval of the city and shall be based upon the specific needs of the operation and shall accommodate large vehicle equipment and semi-trailer/tractor trucks; and
5. The storage of damaged vehicles and vehicle parts and accessory equipment must be completely inside a principal or accessory building.
Subd. 23. Vehicle rental as an accessory use, subject to the following conditions.
1. The principal use must feature a building with a minimum size of 2,500 square feet.
2. The interim use permit is non-transferable and terminates automatically upon the sale or closure of the business that has obtained the interim use permit.
3. The subject site must be accessible from a major arterial or collector street as defined by the City Comprehensive Plan.
4. The minimum lot width shall be 100 feet.
5. Outdoor motor vehicle rental display area may be permitted within the required front yard provided the following criteria are met.
a. The outdoor rental area does not exceed 40% of the required front yard.
b. The outdoor rental area shall not be less than ten feet from the front lot line.
c. Outdoor storage of rental vehicles shall not be permitted to obstruct the view of the building’s facade from the street. For buildings with multiple facades, this rule shall apply to each facade.
6. The outdoor repair of motor vehicles or motor vehicle parts anywhere on the property is prohibited.
7. In addition to the required parking for the principal use or activity, one off-street parking stall for every 1,000 square feet of outdoor motor vehicle rental area shall be required. The rental areas shall be clearly marked to differentiate them from customer parking areas.
(Ord. 2023-08, passed 6-14-2023)