No permit may be issued for construction for a building, structure or land use that is intended to be used for conditional uses unless a Conditional Use Permit has been granted by the City Council in accordance with §§ 152.030 through 152.039. Some businesses may be required to submit additional information above and beyond that shown in §§ 152.030 through 152.039, those conditions are defined in this section.
(A) Currency exchanges.
(1) All entrances to the business, with the exception of emergency fire exits which are not usable by patrons, must be visible from the public right-of-way. When such businesses are located within an enclosed commercial complex, all patron entrances must open onto the common concourse.
(2) Layout of the publicly accessible areas must be designed so that the management of the establishment and any law enforcement personnel inside the business can observe all patrons while they have access to any merchandise offered for sale.
(3) The site must be at least 500 feet from the property line of a pawnshop, an adult entertainment/adult service, or any residential district and one-half mile from a site containing another currency exchange business. The site plan must show the location of the proposed currency exchange business and any other currency exchange business if any are located within one mile of the proposed site.
(4) All establishments may apply for and obtain a license from the State of Minnesota, before a building permit may be issued.
(B) Pawnshops.
(1) All entrances to the business, with the exception of emergency fire exits which are not usable by patrons, must be visible from the public right-of-way. When such businesses are located within an enclosed commercial complex, all patron entrances must open onto the common concourse.
(2) Layout of the publicly accessible areas must be designed so that the management of the establishment and any law enforcement personnel inside the business can observe all patrons while they have access to any merchandise offered for sale.
(3) The site must be at least 500 feet from the property line of a site containing a religious institution, school, day-care/preschool, another pawnshop, an adult entertainment/adult service business, a currency exchange or any residential district.
(4) All establishments must apply for and obtain a license from the City of Brooklyn Park, before a building permit may be issued.
(C) Automobile sales and showrooms. The CUP application must be accompanied by plans showing the following:
(1) Lot requirements.
(a) Contiguous property. Motor vehicle sales must be on contiguous lots not separated by a public street, alley or other use.
(b) Access driveways.
1. Distance from intersections. The distance of the driveway from any street intersection must be not less than 50 feet, unless, in the opinion of the City Manager, present or future traffic conditions warrant greater distances, such greater distances may be required.
2. Driveway angles. The minimum driveway angle to street must be 60 degrees.
3. Separation between driveways. The minimum distance between a driveway and an adjacent property must be five feet at the curb cut.
(2) Site design.
(a) Impervious surface. All areas on which motor vehicles are stored or displayed must be paved with concrete or a bituminous surface. No display, sale or storage of automobiles or other vehicles are permitted on landscaped areas.
1. Shown and designated on the site plan,
2. Kept free of display vehicles, on a continual basis, and,
3. Appropriately designated with signs for use by customers and employees.
(c) Damaged and inoperable vehicles. All damaged and inoperable vehicles may be kept in an enclosed building or area completely screened from public streets and adjacent property.
(d) Display vehicle parking.
2. No display vehicles may be parked on grass, curb islands, sidewalks, other landscaped areas or in the required customer parking.
3. No vehicles may be displayed on elevated platforms, jacks, or berms. However, parking will be allowed in approved/designated concrete display areas with a maximum height of six inches above the parking lot surface.
4. No rows of display vehicles may be longer than 180 feet. Landscaped areas with overstory deciduous trees are required to separate rows of display vehicles. Required parking lot open space areas may be larger than typically required in the district to accomplish this objective.
5. No display parking of vehicles may be permitted in the drive aisles.
(e) No outside storage of scrap metal, auto parts, or the like is allowed.
(f) No vehicles may be unloaded from transport trucks in the public rights-of-way.
(g) Signs. In addition to the regulations found elsewhere in the City Code, the following may apply:
1. No signs may be permitted in or on any display vehicles except the following and no signs may be readable from a public right-of-way or adjacent property:
a. Disclosure statements required by state and/or federal law.
b. Identification of the displayed vehicles by make, model, year and price.
2. Window signs must be limited to 25% of the window area, up to a maximum of 200 square feet.
(h) All outdoor illumination on sales lots may be provided with lenses, reflectors, or shades, which will concentrate the light upon the premises so as to prevent glare or direct rays of light from being visible upon any adjacent public right-of-way or any private property occupied for residential purposes. Lighting from any source on the property may not exceed three foot candles as measured from the centerline of any adjacent street nor three foot candles at any property line which is not also a public right-of-way line.
(3) Building requirements.
(a) The City Council may review and approve all facade materials to ensure quality architectural design.
(b) The orientation of the buildings must be toward the public rights-of-way and must be setback a distance no greater than 200 feet.
(D) Passenger vehicle fuel and/or service stations.
(1) All applications for Conditional Use Permits must be accompanied by the following:
(a) An evaluation of subsurface conditions, soil resistivity and groundwater table conditions prepared by a professional engineer, licensed by the State of Minnesota.
(2) Minimum frontage and lot area. The minimum frontage on any street must be 150 feet for a station with four pump/meter stations or less; and stations with additional pump/meter stations may provide additional frontage and area to provide equivalent and sufficient space for servicing vehicles, for off-street parking, for safe vehicular approaches into the station, and for visibility for pedestrians and drivers.
(3) Building setbacks (from property lines).
(a) From public right-of-way - 60 feet.
(b) Interior side or rear - 30 feet.
(c) Residential - see district requirements.
(4) Canopies or other weather protection structure (free standing or projecting from a building).
(a) Setbacks (from property lines):
1. Public right-of-way - 40 feet.
2. Interior side or rear - 30 feet.
3. Residential - 50 feet.
(b) Maximum height. Twenty-five feet.
(c) Lighting.
1. Neon banding, whether around the exterior of the canopy or behind panels are not permitted.
2. With the exception of permitted signs, no lighting or the face of the canopy is allowed. This includes a prohibition on backlit panels on the face of the canopy.
(5) Pump/meter islands.
(a) Setbacks.
1. From public right-of-way - 50 feet.
2. Interior side or rear - 40 feet.
3. Residential - 100 feet.
(b) Vehicle stacking.
1. Vehicle stacking for gas pump dispensing must be provided for at least one car beyond the pump island in each direction in which access can be gained to the pump. The required vehicle stacking area for gas dispensing may not interfere with the internal circulation drive aisles or designated parking aisles.
2. Vehicle stacking for gas pump dispensing may not be permitted in any public right-of-way, private access easement, or within the required parking setback area.
(6) Landscaping.
(a) Sites with areas adjacent to residential uses. The setback from residential district property lines must include a 35 foot bermed and landscaped area.
(b) From public rights-of-way. The setback from public rights-of-way must include a 15 foot bermed and landscaped area.
(c) From interior side and rear property lines. The setback from public rights-of-way must include a five foot landscaped area.
(7) Paving required. All paved areas must be surfaced with concrete or bituminous surfacing to control dust and provide adequate drainage, designed to meet the requirements of a minimum seven ton axle load.
(8) Access driveways. The distance of the driveway from any street intersection must be not less than 100 feet, unless, in the opinion of the City Manager, present or future traffic conditions warrant greater distances then such greater distances may be required.
(9) If the business is located in a shopping center or other integrated development, it must be in harmony with the rest of the center or development.
(10) Layout of the publicly accessible areas on the site may be designed so that the employees of the establishment and any law enforcement personnel inside the business can observe all patrons while they have access to any merchandise offered for sale in the building or are at fuel pumping areas.
(E) Transient sales. All applications for Conditional Use Permits must be in compliance with the following.
(1) The location for the sale must have a minimum 150 foot setback from any intersection.
(2) The location for the sale must meet the minimum setbacks for a principal building on the property, and may not be permitted on the following: public rights-of-way, landscaped areas, fire lanes, or drive aisles.
(3) The location for the sale may not occupy more than 100 square feet.
(4) The location for the sale may not occupy the required minimum parking spaces for the principal use(s) on the site.
(5) The location for the sale must be large enough to provide adequate parking.
(6) Use of the property for transient sales may not exceed ten days within a maximum period of six months.
(7) Transient sales may not take place between the hours of 6:00 p.m. and 10:00 a.m.
(8) No overnight storage of transient merchant equipment or merchandise may be allowed. Transient merchant equipment may be permitted on the premises only between the hours of 8:00 a.m. and 8:00 p.m. on a day transient sales are to take place.
(9) Signs must be in conformance with Chapter 150 of the City Code and may not include horns, bells, loudspeakers, balloons, pennants, or other attention getting devices.
(10) A license may be issued pursuant to the City Code, and may be conspicuously posted in the transient merchant’s location.
(11) Written permission to occupy the property must be filed with the application for Conditional Use Permit.
(F) Social clubs.
(1) The hours of operation available to customers are limited to 10:00 am to midnight daily. Minor patrons must follow curfew ordinances.
(2) The business owner must provide an up-to-date security plan that is acceptable to the Police Chief. The security plan must be reviewed annually.
(3) Commercial kitchen facilities must be licensed and maintained on-site for preparation and service of food and non-alcoholic beverages available to patrons.
(4) Disorderly conduct, as listed in Section 112.003(C), shall be grounds for revocation.
(5) The establishment may impose a cover charge.
(6) The establishment may have live entertainment (including, but not limited to bands, comedians, and disc jockeys)
(7) The establishment is not eligible for alcoholic beverages under any license type
(G) Residential/multifamily/cluster housing in a B-2, Neighborhood Retail District. All applications for Conditional Use Permits must be in compliance with the following:
(1) It is part of a commercial development permitted within the district.
(2) The building design and placement provide a desirable residential environment.
(3) Access to open space, plazas, and pedestrian ways is provided.
(4) The housing is located above the ground floor.
(5) The minimum spacing between buildings is at least equal to the average heights of the buildings except where dwellings share common walls.
(6) The total number of units provided on an individual parcel does not exceed eight units.
(H) Residential/multifamily/cluster housing in a B-3, General Business District. All applications for Conditional Use Permits must be in compliance with the following:
(1) It is part of a larger commercial development permitted within the district.
(2) The building design and placement provide a desirable residential environment.
(3) Access to off-site parks, open space, plazas and pedestrianways is provided.
(4) The housing represents a maximum of 30% of the ground floor area of total development. 100% of floor area above the ground floor may be developed as housing.
(5) A minimum of 12% of the site area is developed outdoor recreation area.
(6) The minimum spacing between buildings is at least equal to the average heights of the buildings except where dwellings share common walls.
(7) All dwelling units are at or above the grade of all land within a distance of 25 feet from all faces of the buildings.
(8) Buildings are located a minimum of 15 feet from the back of the curbline of internal private roadways or parking lots.
(9) Housing density does not exceed 25 units per acre.
(10) The use is in conformance with the comprehensive plan.
(I) Commercial indoor recreational facilities over 2,450 square feet in the General Industrial District must meet the following conditions.
(1) Site design.
1. Shown and designated on the site plan;
2. Appropriately designated with signs for use by customers and employees;
3. Large enough to provide adequate parking for all uses on the site;
4. Separated by distance, location, and/or special landscaping provisions between cars and trucks.
(2) If located in a multi-tenant building or development, the use must be compatible with the rest of the building or development.
(3) Signs must be in conformance with Chapter 150 of the City Code.
(4) Adequate lighting for night time pedestrian use must be provided.
(5) The building design and site plan must provide a safe and desirable pedestrian environment.
(6) The use is in conformance with the Comprehensive Plan.
(J) Indoor Sales of automobiles, trucks, and recreational vehicles and the like.
(1) Must meet minimum state guidelines for dealer license under M.S., Chapters 168, 168A, and 325F, pertaining to dealer licensing and motor vehicle titles and registration, as well as Minnesota Rule, sections 7400.0100 through 7400.6000.
(2) Storage and display of vehicles must be completely enclosed inside a building if vehicles are located on site.
(3) No vehicles may be unloaded from transport trucks in the public rights-of-way.
(Ord. 2000-936; Am. Ord. 2001-952, passed 5-14-01; Am. Ord. 2002-977, passed 6-24-02; Am. Ord. 2006-1058, passed 6-5-06; Am. Ord. 2010-1122, passed 12-20-10; Am. Ord. 2012-1133, passed 3-5-12; Am. Ord. 2012-1139, passed 4-16-12; Am. Ord. 2015-1198, passed 10-12-15; Am. Ord. 2016-2011, passed 11-14-16)