§ 152.608 CONDITIONAL USES.
   Subject to applicable provisions of this chapter, the following are conditional uses in an R-B District and require a conditional use permit based upon procedures set forth in and regulated by §§ 152.070 through 152.074 of this chapter:
   (A)   Buildings combining residential and nonresidential uses allowed in this district, provided:
      (1)   Commercial use shall be located at the street level floor of the principal building;
      (2)   The residential and nonresidential uses shall not conflict in any manner; and
      (3)   The residential building standards as required by this district are met.
   (B)   Elderly (senior citizen) housing provided that:
      (1)   The provisions of § 152.210(C) of this chapter are being met;
      (2)   Not more than 20% of the occupants may be persons 55 years of age or under (spouse of a person over 55 years of age or caretakers and the like);
      (3)   To continue to qualify for the elderly housing classification the owner or agency shall annually file with the Zoning Administrator a certified copy of a monthly resume of occupants of a multiple dwelling, listing the number of tenants by age and clearly identifying and setting forth the relationship of all occupants 60 years of age or under to qualified tenants, or to the building;
      (4)   There is adequate off-street parking in compliance with §§ 152.255 through 152.264 of this chapter;
      (5)   Parking areas are screened and landscaped from view of surrounding and abutting residential districts in compliance with §§ 152.275 through 152.281 of this chapter;
      (6)   All signing and informational or visual communication devices shall be in compliance with §§ 152.350 through 152.359 of this chapter;
      (7)   Elevator service is provided to each floor level; and
      (8)   Usable open space at a minimum of 20% of the gross lot area.
   (C)   Essential services involving transmission pipelines and transmission or substation lines in excess of 35kV and up to 100kV, provided that the applicable provisions of §§ 152.385 through 152.389 of this chapter are determined to be satisfied;
   (D)   Government buildings and public related utility buildings and structures necessary for the health, safety and general welfare of the city, provided that when abutting a residential use or a residential use district, the property is screened and landscaped in compliance with § 152.279 of this chapter;
   (E)   Personal wireless service antennas not located on a public structure or existing tower, provided that the applicable provisions of §§ 152.330 through 152.337 of this chapter are determined to be satisfied;
   (F)   Planned unit development residential, multiple-family dwelling structures as regulated by §§ 152.150 through 152.153 of this chapter and subject to the following conditions:
      (1)   The provisions of § 152.210(C) of this chapter are being met;
      (2)   The site of the principal use and its related parking is served by an arterial or collector street;
      (3)   There is adequate off-street parking in compliance with §§ 152.255 through 152.264 of this chapter;
      (4)   Parking areas are screened and landscaped from view of surrounding and abutting residential districts in compliance with §§ 152.275 through 152.281 of this chapter;
      (5)   All signing and informational or visual communication devices shall be in compliance with §§ 152.350 through 152.359 of this chapter;
      (6)   Usable open space at a minimum of 20% of the gross lot area; and
      (7)   Unit size.
         (a)   Multiple-family dwelling units. Multiple-family dwelling units, except for elderly housing dwelling units, shall have the following minimum floor area per unit.
 
Efficiency units
500 square feet
One bedroom units
700 square feet
Two bedroom units
800 square feet
More than two bedroom unit
An additional 80 square feet per bedroom
 
         (b)   Exterior treatment. The exterior of multiple-family dwelling structures shall include a variation in building materials which are to be distributed throughout the building facades and coordinated into the architectural design of the structure to create an architecturally balanced appearance. In addition, multiple-family dwelling structures shall comply with the following requirements:
            1.   A minimum of 25% of the combined area of all building exterior wall of a structure shall have an exterior finish of brick, stucco and/or natural or artificial stone; and
            2.   For the purposes of this section, the area of the building faced shall not include area devoted to windows, entrance doors, garage doors or roof areas;
   (G)   Medical offices and clinics, dental offices and clinics, professional offices and commercial (leased) offices, veterinary clinics (not including outside kennels) and funeral homes and mortuaries, provided that:
      (1)   Adequate off-street parking and loading space is provided in compliance with §§ 152.255 through 152.264 of this chapter;
      (2)   Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement;
      (3)   When abutting a residential use, a buffer area with screening and landscaping in compliance with § 152.279 of this chapter shall be provided; and
      (4)   All signs and information or visual communication devices shall be in compliance with §§ 152.350 through 152.359 of this chapter.
   (H)   Nursing homes and similar group housing, hospitals, sanitariums or similar institutions, provided that:
      (1)   Side yards are double the minimum requirements established for this district and are screened in compliance with § 152.279 of this chapter;
      (2)   Only the rear yard shall be used for play or recreational areas. The area shall be fenced and controlled and screened in compliance with § 152.279 of this chapter;
      (3)   The site shall be served by an arterial or collector street as defined by the Comprehensive Plan of sufficient capacity to accommodate traffic which will be generated;
      (4)   All signing and information or visual communication devices shall be in compliance with §§ 152.350 through 152.359 of this chapter;
      (5)   All state laws and statutes governing the use are strictly adhered to and all required operating permits are secured; and
      (6)   Adequate off-street parking and loading space is provided in compliance with §§ 152.255 through 152.264 of this chapter.
   (I)   Personal wireless service antennas not located on a public structure or existing tower, provided that the applicable provisions of §§ 152.330 through 152.337 of this chapter are determined to be satisfied;
   (J)   Public or semi-public recreational buildings and community centers, public and private educational institutions and religious institutions provided that:
      (1)   Side yard shall be double that required for the district, but no greater than 30 feet;
      (2)   Adequate screening from abutting residential uses and landscaping is provided in compliance with §§ 152.275 through 152.281 of this chapter; and
      (3)   Adequate off-street parking and loading space is provided in compliance with §§ 152.255 through 152.264 of this chapter.
   (K)   Retail commercial activities, provided that:
      (1)   Merchandise is sold at retail;
      (2)   Adequate off-street loading is provided in compliance with §§ 152.255 through 152.264 of this chapter;
      (3)   Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement;
      (4)   When abutting a residential use, a buffer area with screening and landscaping in compliance with § 152.279 of this chapter shall be provided; and
      (5)   All signs and information or visual communication devices shall be in compliance with §§ 152.350 through 152.359 of this chapter.
   (L)   Motor fuel stations provided the following.
      (1)   Motor fuel facilities. Motor fuel facilities shall be installed in accordance with state and city standards. Additionally, adequate space shall be provided to access fuel pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands.
      (2)   Architectural standards.
         (a)   As a part of the conditional use permit application, a color illustration of all building elevations shall be submitted.
         (b)   The architectural appearance, scale and functional plan of the building(s) and canopy shall be complementary and compatible with each other and the existing buildings in the neighborhood setting.
         (c)   All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to § 152.208 of this chapter.
         (d)   Exterior wall treatments like brick, stone (natural or artificial), decorative concrete block and stucco shall be used.
      (3)   Canopy. A protective canopy structure may be located over the pump island(s) as an accessory structure. The canopy shall meet the following performance standards.
         (a)   The edge of the canopy shall be 30 feet or more from the front and/or side lot line, provided that adequate visibility both on-site and off-site is maintained.
         (b)   The canopy shall not exceed 18 feet in height and shall provide 14 feet of clearance to accommodate a semitrailer truck passing underneath.
         (c)   The canopy fascia shall not exceed three feet in vertical height.
         (d)   Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the ceiling of the canopy. Total canopy illumination may not exceed 115 foot candles below the canopy at ground level.
         (e)   The architectural design, colors and character of the canopy shall be consistent with the principal building on the site.
         (f)   Signage may be allowed on a detached canopy in lieu of wall signage on the principal structure, provided that the individual canopy sign does not exceed more than 20% of the canopy facade facing a public right-of-way.
         (g)   Canopy posts/sign posts shall not obstruct traffic or the safe operation of the gas pumps.
      (4)   Pump islands. Pump islands shall comply with the following performance standards.
         (a)   Pump islands shall be elevated six inches above the traveled surface of the site.
         (b)   All pump islands shall be set at least 30 feet back from any property line. Additionally, the setback between the pump islands curb face shall be at least 24 feet.
      (5)   Dust control and drainage. The entire site other than taken up by a building, structure or plantings shall be surfaced with asphalt, concrete, cobblestone or paving brick. Plans for surfacing and drainage shall be subject to approval of the City Engineer. Drainage from all fueling areas shall be directed to an oil/grit separator. Minimum design standards for the oil/grit separator shall include the following:
         (a)   A minimum of 400 cubic feet of permanent pool storage capacity per acre of drainage area;
         (b)   A minimum pool depth of four feet;
         (c)   A minimum oil containment capacity of 800 gallons; and
         (d)   Minimum maintenance/inspection of two times per year and/or after measurable spill events. A measurable spill shall be defined by the State Pollution Control Agency (MPCA). Any measurable spill event must be reported to the MPCA.
      (6)   Landscaping.
         (a)   At least 35% of the lot, parcel or tract of land used exclusively for the gas sales facility shall remain as a grass plot, including trees, shrubbery, plantings or fencing and shall be landscaped. Required minimum green area should be emphasized in the front and side yards abutting streets or residential property.
         (b)   At the boundaries of the lot, the following landscape area shall be required.
            1.   From side and rear property lines, an area of not less than ten feet side shall be landscaped in compliance with § 152.278 of this chapter.
            2.   From all road rights-of-way, an area of not less than 15 feet wide shall be landscaped in compliance with § 152.278 of this chapter.
            3.   Where lots abut residentially zoned property, a buffer yard of not less than 20 feet wide shall be landscaped and screened in accordance with § 152.278 of this chapter.
            4.   The property owner shall be responsible for maintenance of all landscaping, including within the boulevard.
      (7)   Exterior lighting. The lighting shall be in compliance with § 152.187 of this chapter. A comprehensive lighting plan shall be submitted as part of the conditional use permit application and shall be subject to the following performance standards.
         (a)   Canopy lighting. Canopy lighting under the canopy structure shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the ceiling of the canopy. Total canopy illumination below the canopy may not exceed 115 foot candles at ground level.
         (b)   Perimeter lighting. Lighting at the periphery of the site and building shall be directed downward and individual lights shall not exceed 15 foot candles at ground level.
         (c)   Illumination. Maximum site illumination shall not exceed four-tenths foot candle at ground level when measured at any boundary line with an adjoining residential property or any public property.
         (d)   Access. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with §§ 152.255 through 152.264 of this chapter.
      (8)   Circulation and loading. The site design shall accommodate adequate turning radius and vertical clearance for a semitrailer truck. Designated loading areas shall be exclusive of off-street parking stalls and drive aisles. A site plan shall be provided to illustrate adequate turning radius, using appropriate engineering templates.
      (9)   Parking.
         (a)   Parking spaces shall be calculated solely based upon the use(s) and the square footage of the principal building(s).
         (b)   Parking spaces shall be screened from abutting residential properties in accordance with § 152.279 of this chapter.
      (10)   Noise. Public address system shall not be audible at any property line. Playing of music or advertisement from the public address system is prohibited. Noise control shall be required as regulated in § 152.191 of this chapter.
      (11)   Outside storage, sales and service. No outside storage or sales shall be allowed, except as follows.
         (a)   Public phones may be located on site as long as they do not interrupt on-site traffic circulation and are not located in a yard abutting residentially zoned property.
         (b)   Propane sales of 20-pound capacity tanks may be located outside provided the propane tanks are secured in a locker and meet all State Uniform Building and Fire Codes.
         (c)   A compressed air service area may be located on site as long as it does not interrupt on-site traffic circulation.
         (d)   Accessory outdoor services, sales or rental as regulated by § 152.650(B) of this chapter.
      (12)   Litter control. The operation shall be responsible for litter control on the subject property, which is to occur on a daily basis. Trash receptacles shall be provided at a convenient location on site to facilitate litter control.
      (13)   Additional stipulations. All conditions pertaining to a specific site are subject to change when the City Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein.
(Prior Code, § 11-58-4) (Ord. 258, passed 5-4-2006)