(A) Accessory uses listed in Figure 152.601.1 are permitted/conditional in the individual commercial zoning districts provided that:
(1) No accessory use is permitted that changes the character, rating or appearance of the property or any structures on the property.
(2) No accessory use or structure other than a fence or a temporary construction office for a project to be built on the property is permitted in any business district without a principal use occupying the property.
(3) No exterior storage or display of equipment, materials or products is allowed, except as permitted by this section and Chapter 150.
(B) Day care.
(1) All daycares in business districts and as an accessory use within multi-purpose buildings (i.e., places of worship, schools, private businesses) must comply with the following:
(a) Provide parking in compliance with § 152.1019; and
(b) The pick-up/drop-off area(s) must be near the front of the building and adjacent to a pedestrian area.
(C) Car wash.
(1) The use must be accessory to a vehicle fuel station.
(2) The lot must be a minimum of two acres.
(3) The building/structure housing the car wash must meet the minimum setback of 100 feet to the residential district boundary.
(D) Crematories/crematoriums.
(1) Licensure by the Minnesota Commissioner of Health shall be required and compliance with M.S. § 149A.95.
(2) Crematoriums shall not be used for the disposal of any waste materials.
(3) Crematoriums shall not emit any visible air emissions nor generate odors.
(E) Drive-throughs.
(1) Drive-through facilities and lanes must be located behind the principal building.
(2) All drive-throughs must contain room for a minimum stacking of six cars from the serving window and stacking must not extend into drive aisles.
(3) Queuing lanes must not interfere with pedestrian circulation.
(4) Drive-through canopies and other structures, where present, must be constructed from the same materials as the primary building, and with a similar level of architectural quality and detailing.
(F) Exterior food and beverage machines, ice machines, and propane tank exchanges.
(1) Must be in conjunction with approved businesses.
(2) Must be adjacent to and project no further than five feet from the primary building.
(3) Where sidewalks are present, a minimum access width of four feet must be provided and may not be blocked by the vending machines or containers.
(4) Propane tank exchanges must be located within a metal cabinet painted to blend into the building. The cabinet, not to exceed 52 cubic feet, must receive a permit from the Fire Chief.
(5) Exterior food and beverage vending machines, ice machines, and propane tank exchanges must be in good repair at all times.
(G) Farmer's market.
(1) Location.
(a) No portion of the use or event shall take place within 200 feet, as measured in a straight line from the closest point of the property line of the property upon which the farmers' market is located, to the property line of any R-1 zoned property with residential buildings.
(b) Sales merchandise trailers, temporary stands, etc., shall be located on an asphalt or concrete surface.
(2) Displays.
(a) Parking and display areas associated with the sale shall not distract or interfere with existing business operations or traffic circulation patterns.
(b) Display areas and parking spaces shall use those parking lot spaces that are in excess of the minimum required parking for the primary use of that property.
(c) No uses or displays shall be permitted in required green areas, parking setback areas, or any right-of-way or other public property.
(d) Display of items shall be arranged in as compact a manner as reasonably practicable with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other emergency.
(3) Signage shall be limited to one sign not to exceed 32 square feet. The sign may be a banner, and shall be mounted or erected in an appropriate location. The sign may be illuminated but must comply with all requirements of Chapter 150 of this title.
(4) Operation and maintenance.
(a) All producer merchandise shall be unloaded prior to the opening of the market and confined to the off-street parking lot area. No on street parking or unloading shall be allowed.
(b) No public address system or speakers shall be used.
(c) The site shall be kept in a neat and orderly fashion, free from litter, refuse, debris, junk, or other waste, which results in offensive odors or unsightly conditions.
(H) Gas tanks (above ground) for propane, liquid nitrogen, etc.
(1) Such tank shall be fully screened or located out of public view.
(2) Motor vehicle fuel is not permitted.
(i) Mobile food units.
(1) The owner/operator shall have written permission of the current property owner to locate at a designated area.
(2) The proprietor of the business must keep copy of the mobile food unit license with the unit and demonstrate compliance with the license upon inspection.
(3) The area(s) designated for the mobile food unit and accessory outdoor seating may not block sidewalks, impede pedestrian or vehicular traffic, or interfere with public safety.
(4) No mobile food unit or accessory outdoor seating area may occupy parking spaces which may be leased to other businesses or used to fulfill its minimum parking requirements or any handicap accessible parking space.
(5) Mobile food unit locations are not permitted in residential districts.
(6) Mobile food units shall be located on an asphalt or concrete surface.
(7) The owner/operator must provide trash receptacles for customer use and keep the site in a neat and orderly fashion, free from litter, refuse, debris, junk or other waste which results in offensive odors or unsightly conditions.
(8) Temporary signage is permitted in accordance with § 150.06(A)(6) pedestrian signs.
(J) Outdoor entertainment and the use of sound-amplifying equipment.
(1) The volume of sound shall not violate § 152.1017.
(2) The sound amplifying equipment shall not be used between the hours of 10:00 p.m. and 8:00 a.m.
(K) Outdoor sales and display.
(1) The designated sales area must be identified on an approved site plan.
(2) The designated sales area cannot block sidewalks.
(3) The designated sales area must not encroach into setbacks.
(L) Outdoor dining.
(1) Outdoor dining is permitted if depicted on an approved site plan. The following additional standards relate to outdoor dining areas:
(a) Outdoor seating is permitted within any setback area and temporary seating may be permitted with rights-of-way, provided the sidewalk remains clear to a width of five feet.
(b) Service and consumption of alcohol on outdoor patios and decks in conjunction with an intoxicating liquor on-sale license or a 3.2% malt liquor license may be permitted under the following conditions:
1. The patio or deck area must be contiguous to the licensed premises and shall be enclosed with a fence that meets standards set forth in this code that does not allow entrance from outside the fenced area onto the patio or deck area.
(2) Receptacles for rubbish, garbage, etc., must be provided and adequately screened.
(3) Lighting must be sufficient to promote public safety, directed downward, and compatible with the surrounding area.
(4) Smoking may be allowed on the patio or deck area, provided it complies with the Minnesota Freedom to Breathe Act of 2007.
(5) The outdoor patio or deck area must be included in the required liquor liability insurance for the premises.
(6) These areas may be covered with a canopy or awning but may not be enclosed.
(M) Outdoor display.
(1) Outdoor displays of inventory, such as automobiles, tires, nursery stock, lumber and other merchandise customarily displayed or stored in the outdoors are permitted, subject to compliance with standard building setback requirements of the respective zones and all other applicable ordinances and standards.
(2) Outdoor display is limited to no more than 10% of the facade of the structure in which the business is located.
(3) Outdoor display cannot cause a public nuisance, or be located within the required parking areas or ingress or egress aisles of the lot.
(N) Restaurants, retail, or services.
(1) May be located within the principal building or as a single tenant in a multi-tenant building.
(2) The area of the building for restaurants, retail, or service businesses are restricted to one-half of the total gross floor area of the ground level floor of a multistory building but may not be restricted to any location in the building, or 10% of the gross floor area of a single story building.
(O) Detached accessory structure.
(1) Setback adjacent to rights-of-way. No detached accessory structures are permitted between a public right-of-way and the principal structure.
(2) Interior side or rear setbacks. No detached accessory structures are permitted closer than five feet from interior side property lines.
(3) Structure size. Detached accessory structures may not exceed 2,000 square feet, or 15% of the principal structure footprint, whichever is less.
(4) Structure height. Detached accessory structures may not exceed 16 feet in height, or the height of the principal structure, whichever is less.
(5) No more than one detached accessory structure is permitted per lot of record.
(6) Detached accessory structures shall not be designed or used for human habitation.
(7) Detached accessory structures shall have the same or similar exterior finish as the principal building.
(P) Warehousing, incidental repair, or processing.
(1) In the B-1 through B-4 Districts, accessory warehousing may only be conducted in up to 30% of the gross floor area of the principal building.
(2) Must be necessary and related to the permitted principal use.
(Ord. 2024-1304, passed 7-29-24)