All nonresidential principal uses shall comply with the following supplemental regulations, which shall be in addition to all other regulations of this zoning code. In the event there is a conflict between these supplemental regulations and other portions of this zoning code, the more restrictive regulations shall govern.
(A) Automobile sales and showrooms.
(1) 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.
(2) Parking. In addition to the requirements of § 152.1019, the parking areas must be:
(a) Shown and designated on the site plan;
(b) Kept free of display vehicles, on a continual basis; and
(c) Appropriately designated with signs for use by customers and employees.
(3) 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.
(4) Display vehicle parking.
(a) Each display vehicle parking space must meet the required size of a parking space as defined in § 152.1019 and must be striped accordingly.
(b) 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.
(c) 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.
(d) No display parking of vehicles may be permitted in the drive aisles.
(5) No outside storage of scrap metal, auto parts, or the like is allowed.
(6) No vehicles may be unloaded from transport trucks in the public rights-of-way.
(7) Signs. In addition to the regulations found elsewhere in the city code, the following may apply:
(a) 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:
1. Disclosure statements required by state and/or federal law.
2. Identification of the displayed vehicles by make, model, year, and price.
(8) All outdoor illumination on sales lots may be provided with lenses, reflectors, or shades that concentrate the light upon the premises 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.
(B) Car wash.
(1) All car wash operations shall be staffed during operating hours.
(2) All drive-through car washes shall contain room for a minimum stacking of six cars and must not extend into drive aisles.
(3) All car wash bays shall have a separate entrance and exit.
(4) If within 200 feet of a residential district or use, the car wash bays shall be closed when in operation.
(C) Community garden.
(1) Private community garden areas may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group.
(2) A community garden may include common areas (e.g., storage sheds) maintained and used by the groups.
(3) The community garden must comply with the lot and building standards for its zoning district.
(4) Community garden or private garden may serve as a permitted accessory use in any residential, business, public institution district or city owned park or open space. A community garden may be permitted as an interim use on a vacant lot in any residential district. A community garden area may count towards required open space in any zoning district. The following conditions shall be met for all community gardens:
(a) The garden area shall be limited to growth of food crops and/or non-food ornamental crops such as flowers. Maintaining, livestock and poultry shall be prohibited.
(b) Community gardens may not be located within any easement without the property owner obtaining written permission from the easement holder.
(c) The garden shall be set back a minimum of five feet from all property lines to provide a vegetated buffer of grass or other plants to minimize the transfer of sediment and to delineate the edges of the garden.
(d) Paths may be installed to access the garden and individual garden plots provided the paths are constructed using natural landscape materials including wood chips, mulch, landscape rock or pea gravel.
(e) Fences are allowed as permitted by this chapter and provided they are made of sturdy, rust resistant woven wire and/or rot resistant wood, are well maintained and neat in appearance.
(f) The garden area shall be properly maintained throughout the year by:
1. Weekly collecting rotting vegetables/fruits from garden areas and providing off-site disposal of this waste.
2. Weekly collecting and removing all trash and debris that is deposited on the site.
3. Providing for season end removal of all dead plant growth/waste no later than October 1.
(g) Trash containers may be provided on site provided they have a cover and meet accessory structure setbacks for the underlying zoning district. All trash shall be removed from the site at least once per week.
(h) Compost bins are permitted provided they meet the accessory structure standards of the district in which it is located.
(i) One non-illuminated sign not exceeding four square feet in area and six feet in height shall be permitted. The content of the sign shall be limited to identification of the site as a community garden, sponsorship contact information and rules/guidelines for the community garden.
(j) Parking for the garden shall be provided on streets where parking is permitted or on an existing parking surface with the written permission of the owner of the parking surface.
(k) Seasonal sales stands shall be permitted but must be removed from the premises or stored inside a building on the premises during that time of the year when the garden is not open for public use. All products sold must be grown within the community garden.
(l) One portable restroom shall be permitted on the site.
(m) One utility shed shall be allowed on the site under the following conditions:
1. Maximum area of 200 square feet;
2. Must be located within the rear yard setback and at least five feet off the side and rear property lines; and
3. Maximum height of ten feet.
(n) Any power equipment and attachments, hand tools, fertilizer, chemicals and other equipment and materials that is kept on the site shall be stored within a utility shed.
(o) The following miscellaneous improvements shall be permitted on the site:
1. Trellises;
2. Raised planting beds;
3. Benches; and
4. Covered trash receptacles.
(p) Negative impacts. The site shall be designed and maintained to prevent negative impacts to adjacent properties from individual gardeners and gardening activities including, but not limited to, irrigation, fertilizer, soils, stormwater, cultivated areas, trespassing and garden debris.
(q) Site restoration. Upon cessation of the community garden, the site shall be fully restored to the pre-garden status. All aboveground remains of the garden shall be promptly removed, and the ground leveled and restored so it can be utilized for uses permitted in the zoning district.
(D) Currency exchanges.
(1) All entrances to the business, except for 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.
(E) Fuel and service stations.
(1) All applications for fuel and service stations 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; and
(b) Information that demonstrates compliance with the installation requirements of §§ 93.30 through 93.41 and the requirements of the Minnesota Pollution Control Agency.
(2) 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, off-street parking, safe vehicular approaches into the station, and visibility for pedestrians and drivers.
(3) Canopies or other weather protection structure (free standing or projecting from a building).
(a) Maximum height. 25 feet.
(b) Lighting.
1. Except for 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.
2. All lighting installed must be recessed into the canopy and lights must be directed downward and away from adjacent properties in compliance with § 152.1014.
(4) Pump/meter islands.
(a) Setbacks.
1. From public right-of-way: 50 feet.
2. Interior side or rear: 40 feet.
3. From a residential district or use: 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.
(5) 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.
(6) 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.
(F) Funeral home and mortuary.
(1) Loading and unloading areas used by ambulances, hearses or other such service vehicles shall be screened from public off-site views.
(2) If a crematorium is included as part of a funeral home, no more than 33% of the gross floor area of a funeral home may be devoted to the crematory, including area for the cremator, cremation observation, crematory access and maintenance areas, and any additional areas used primarily for services related to cremation.
(3) An employee residence is permitted.
(G) General sales and services.
(1) In BP and I Zoning Districts general sales are limited to the following:
(a) Accessory sales of products manufactured or produced on site;
(b) Structures for retail 25,000 square feet or less, unless otherwise permitted elsewhere in this chapter; and
(c) In multi-tenant structures retail must not exceed 25,000 square feet of the structure.
(H) Hotel or motel.
(1) A lodging license pursuant to Chapter 117, shall be provided.
(2) At least two amenities, such as pool, restaurant, lounge, fitness center, office center, or similar ancillary use, shall be provided in conjunction with the hotel or motel.
(I) 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 Minn. Rule, §§ 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.
(J) Licensed daycare facilities. The pick-up/drop-off area(s) must be near the front of the building and adjacent to a pedestrian area.
(K) Pawnshops.
(1) All entrances to the business, except for 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, before a building permit may be issued.
(L) Essential services. All uses must provide the following evidence:
(1) The use is in conformance with the surrounding neighborhood and required setbacks and side-yard requirements are met;
(2) Equipment is completely enclosed in a permanent structure with no outside storage, except for electrical substation structures; and
(3) Adequate screening and landscaping from neighboring residential districts are provided.
(M) Religious institution.
(1) Architectural materials allowed for religious institutions shall follow the regulations for nonresidential districts (see § 152.1005).
(2) Residential districts. Places of worship may only be located on sites located directly at the intersections of two collector streets or along an arterial street as designated in the Comprehensive Plan.
(3) An office for a religious institution is considered an office use provided no worship services, events, or the like are conducted on site.
(4) Places of worship with additional uses operating concurrently with a worship service must be figured into parking requirements.
(5) Places of worship may conduct worship and educational programs as permitted accessory uses in public schools in all zoning districts outside of normal school instructional hours. Formal site plan review as described in § 152.303 is not required.
(N) Restaurants.
(1) If the restaurant has an outdoor seating area, refer to the requirements in § 152.904(M).
(2) If the restaurant has a drive-through, refer to the requirements in § 152.904(E).
(O) Sexually oriented businesses.
(1) All entrances to the business, except for 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 may 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 750 feet from any school, daycare/preschool, library, park, playground, or other public or private recreational facilities in any zone and another adult entertainment/adult service business.
(4) No establishment may be open to the public from the hours of 11:00 p.m. and 8:00 a.m.
(5) Signs visible to the public comply with Chapter 150 and may not contain graphic descriptions or representations of the adult theme of the operation.
(6) All establishments may apply for and obtain a license from the city before a building permit may be issued.
(P) Schools.
(1) All schools must conform to the minimum guidelines for open space and recreational space of the State of Minnesota.
(2) Schools must conform to the landscaping requirements for business zoning districts (see § 152.1013). For sites zoned PI, the B-3 landscaping requirements must be used.
(3) Schools located in business zoning districts must conform to the following performance standards:
(a) The city must find that the school use would be compatible with existing or planned adjacent uses.
(b) Schools which include grades kindergarten through eight must be adjacent to another public elementary school. Schools which include only grades nine and higher must be within 1,000 feet to public parks.
(c) The city must find that traffic speeds and volumes on adjacent streets do not pose a safety hazard.
(d) The city must find that the site has adequate space for school bus loading and movement, including turnarounds.
(e) The site must include sidewalks and/or other pedestrian facilities appropriate to the site for student safety.
(4) Non-affiliated schools are allowed by conditional use permit when located within a building primarily used for a religious institution.
(5) Job training programs are not considered schools for zoning purposes, but shall be classified by the skill or job being taught.
(6) Public and private schools in all zoning districts may permit use of their facilities to community, civic, charitable, or religious organizations outside of normal school instructional hours.
(Q) Self-service storage facility. Drive aisles between and around storage buildings must be 30 feet to accommodate through traffic and parking outside individual storage units.
(R) 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 § 112.003(C), shall be grounds for revocation of a conditional use permit.
(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.
(S) Wholesale, broker, and auction dealer of automobiles.
(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 Minn. Rules, §§ 7400.0100 through 7400.6000.
(2) No storage and display of vehicles is allowed.
(Ord. 2024-1304, passed 7-29-24)