(A) Accessory drive-through facilities provided that:
(1) Not less than 120 feet of segregated automobile stacking must be provided for the single service lane. Where multiple service lanes are provided, the minimum automobile stacking may be reduced to 60 feet per lane;
(2) The stacking lane and its access shall be designed to control traffic in a manner to protect the buildings and will not interfere with on-site traffic circulation or access to the required parking space;
(3) No part of the public street or boulevard may be used for stacking of automobiles;
(4) The stacking lane, order board telecom and window placement shall be designed and located in a manner as to minimize glare to adjacent premises, particularly residential premises and to maximize maneuverability of vehicles on the site;
(5) The drive-through window and its stacking lanes shall be screened from view of adjoining residential zoning districts and public street rights-of-way; and
(6) A lighting and photometric plan will be required that illustrates the drive-through service lane lighting and shall comply with § 152.187 of this chapter.
(B) Automobile repair, major and minor, provided that:
(3) 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 chapter for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements that are imposed for other uses of the property;
(4) All painting shall be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulate matter so that the use shall be in compliance with the State Pollution Control Standards, Minn. Regulations APC 1-15, as amended;
(5) All flammable materials, including liquids and rags, shall conform with the applicable provisions of the State Uniform Fire Code; and
(6) Provisions are made to control and reduce noise.
(C) Commercial car washes (drive-through, mechanical and self-service) provided that:
(1) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blighting influence;
(2) Magazining or stacking space is constructed 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 Engineer;
(3) At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and screened in compliance with § 152.278 of this chapter;
(4) Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with § 152.279 of this chapter;
(5) The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the city;
(6) The entire area shall have a drainage system which is subject to the approval of the city;
(7) All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with § 152.187 of this chapter;
(8) 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 Engineer; and
(9) Provisions are made to control and reduce noise.
(D) Commercial daycare facilities provided that:
(1) All requirements of the State Department of Health and Human Services, as may be amended, are satisfactorily met and the structure and operation is licensed accordingly;
(2) Screening is provided along all shared property lines. The required fencing and screening shall be in compliance with the applicable provisions of § 152.279 of this chapter;
(3) Adequate off-street parking is provided in a location separated from any outdoor play area(s); and
(E) Contractor shops and offices provided that:
(1) All outside storage is prohibited. The storage of contractor equipment and materials must be completely inside; and
(2) When abutting a residential land use, a buffer area with screening and landscaping in compliance with § 152.279 of this chapter.
(F) Hospitals 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) The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated;
(3) All state statutes and regulations governing the use are strictly adhered to and all required operating permits are secured; and
(G) 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; and
(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; and
(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; and
(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; and
(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; and
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; and
(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); and
(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; and
(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; and
(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.
(H) Accessory outdoor recreation provided that:
(1) The facilities are an accessory use to a principal use allowed within the B-2 District;
(2) The facilities meet the principal building setbacks;
(3) The facilities shall maintain a 50-foot setback from residential districts;
(4) The facilities shall be screened from adjoining properties or public rights-of-way; and
(5) The city may set limits on the hours of operation to avoid nuisance issues.
(I) Outdoor sales lots (not outdoor storage) provided that:
(1) Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with § 152.279 of this chapter;
(2) Outside sales or rental are associated with a principal building of at least 1,000 square feet of floor area;
(3) Outdoor sales area shall be set at least five feet back from all property lines and at least 15 feet back from any street surface;
(4) The entire sales lot and off-street parking area is paved;
(5) A perimeter curb is provided around the sales/parking lot;
(6) All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with § 152.187 of this chapter; and
(7) Materials for sale shall be displayed in an orderly manner and shall not constitute junk, as defined by this chapter.
(L) Private lodges and clubs provided that:
(1) Adequate screening from abutting and adjoining residential uses and landscaping is provided;
(2) Adequate off-street parking and access is provided and that such parking is adequately screened and landscaped from adjoining and residential uses; and
(M) Restaurants with accessory outdoor dining facilities provided that:
(1) The applicant submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles and wait stations;
(2) The size of the dining area is restricted to 30% of the total customer floor area within the principal structure;
(3) The dining area is screened from view from adjacent residential uses in accordance with § 152.279 of this chapter;
(4) All lighting be hooded and directed away from adjacent residential uses in accordance with § 152.187 of this chapter;
(5) 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 City Council;
(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; and
(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 seven feet above sidewalk.
(6) 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;
(7) A minimum width of 36 inches shall be provided within aisles of the outdoor dining area;
(8) Storage of furniture shall not be permitted outdoors between November 1 and March 31. Outdoor furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subject to the storage prohibition of this section. However, any immovable or permanently fixed or attached furniture must be approved as part of the administrative permit application;
(10) Refuse containers are provided for self-service outdoor dining areas. These containers shall be placed in a manner which does not disrupt pedestrian circulation and shall be designed to prevent spillage and blowing litter.
(N) Veterinary clinics (with kennels) provided that:
(1) All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties;
(2) Animal carcasses are properly disposed of in a manner not utilizing on-site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal;
(3) An animal kennel is permitted as a use accessory to the veterinary clinic provided that:
(a) The number of animals boarded shall not exceed 20;
(b) An indoor exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. No outdoor exercising of animals shall be permitted;
(c) A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60°F and 75°F;
(d) A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals;
(e) Indoor animal kennel floors and walls shall be made of nonporous materials or sealed concrete to make it nonporous; and
(f) Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day.
(4) The appropriate license is obtained from the City Administrator and the conditions of the city code relating to the keeping of animals are satisfactorily met; and
(5) All State Health Department and State Pollution Control Agency requirements for the facilities are met.
(O) Mini self-storage facilities provided that:
(1) At least 25% of the site is open green space which is sodded or seeded and with reasonable landscaping provided in accordance with a plan approved by the City Council. To satisfy this 25% threshold standard, pervious surface area that is provided in conjunction with an approved plan for storm drainage may be included in the calculation;
(2) No buildings shall be located closer than 25 feet to each other to allow for parking, loading, driveway and fire lanes;
(3) No single building shall be greater than 150 feet in length;
(4) Adequate space is provided for snow storage;
(5) All structures are to be within 300 feet of a fire hydrant as required by the Minnesota State Fire Marshal;
(6) If required by the Minnesota State Fire Marshal, all storage buildings (Group S-1 occupancy) are to be equipped with an approved fire suppression system which will be subject to review and approval of the City Building Official and the Fire Department;
(7) If required by the Minnesota State Building Code, every 2,000 square feet of the storage structure is to be separated by a fire wall and a complete and comprehensive fire alarm system with smoke detectors shall be initiated in each structure subject to the review and approval of the Fire Department;
(8) All driveways are to be hard (blacktop or concrete) surfaced and adequate turning radius for fire truck maneuverability is to be maintained throughout the site. Designated snow storage space is to be provided to insure adequate and safe access during winter months;
(9) If an on-premises caretaker dwelling unit is provided on site, construction of the dwelling unit shall conform to all design standard regulations for multiple-family dwelling units of the Minnesota State Building Code;
(10) Any structures having exposure to an adjacent residential use or public right-of-way, park or similar public use areas shall be of brick, natural stone, wood or stucco facing material or alternatively must be adequately screened;
(11) Except for periodic and temporary outside or garage sale events, no retailing or activity other than storage is to occur within the self-storage, mini warehousing facility unless so authorized by the conditional use permit;
(12) Any area within the development site that is designated and approved for outside storage will be secured by fencing. The area approved for outside storage may also be subject to additional performance standards relating to screening, maintenance and surfacing;
(13) The site plan is designed to direct traffic to a primary point or limited points of access to the mini self-storage facilities and provides acceptable location for directory signage;
(14) Signage will be evaluated in accordance with applicable requirements of the sign ordinance and will be authorized by the conditional use permit.
(P) Bottling establishments to include beverages such as soft drinks, milk and the like, but not including hazardous or toxic materials.
(Q) Assembly of a wide variety of products that produces no exterior noise, glare, fumes, obnoxious products, by-products or wastes or creates other objectionable impact on the environment, including the generation of large volumes of traffic. Examples of these uses are: (1) assembly of small products such as optical, electronic, pharmaceutical, medical supplies equipment; and (2) printing and publishing operations.
(R) Mass transit terminals.
(S) Radio and television terminals.
(T) Trade schools/specialty schools.
(U) Warehousing and distribution facilities but not including truck terminals.
(V) Wholesale businesses.
(W) Truck terminals provided that:
(1) Vehicular access points shall be located along arterial streets and shall be limited and designed and constructed to create a minimum of conflict with through traffic movement and shall be subject to approval of the City Engineer;
(2) A drainage system subject to the approval of the City Engineer shall be installed;
(3) Storage areas are landscaped, fenced and screened from view of neighboring uses, abutting residential zoning districts and public rights-of-way in compliance with § 152.278 of this chapter;
(4) At the boundaries of the lot, the following landscape area shall be required:
(a) From side and rear property lines, an area of not less than ten feet wide shall be landscaped in compliance with § 152.278 of this chapter;
(b) 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;
(c) Where lots abut residential 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; and
(d) The property owner shall be responsible for maintenance of all landscaping, including within the boulevard.
(5) Traffic sight visibility shall be maintained in compliance with § 152.186 of this chapter;
(6) Provisions are made to control and minimize noise, air and water pollution;
(7) Crude oil, gasoline or other liquid storage tanks as an accessory use (not for providing service to the general public) provided that:
(a) All applicable state Pollution Control Agency requirements are satisfactorily met;
(b) All crude oil, gasoline or other liquid storage tanks shall be located in the rear yard not less than 25 feet from any property boundary lines and set back 150 feet from any adjoining residential zoning district. No tanks shall be permitted in the front yard or side yard abutting public rights-of-way;
(c) Storage tanks shall be surrounded by 25 feet of open area. Approved parking must be setback ten feet from any storage tank;
(d) Storage tanks shall be set back from existing structures, as outlined in the Fire Code, based on tank size;
(e) Storage tanks shall not interfere with site circulation, including, but not limited to, parking, driveway, curb cuts and loading area;
(f) A wire weave/chain link security fence shall be required around all storage tanks. The location of the fence shall be as per the Uniform Fire Code;
(g) Storage sites shall be accessible by service and emergency vehicles;
(h) All filling values of the storage tanks shall be enclosed and have locking devices;
(i) A warning sign shall be required for every tank and shall be placed in a conspicuous location, directly on the tank indicating a supplier’s name, address, phone number, that highly flammable and dangerous material is stored therein and that no smoking requirements shall be observed or a sufficient warning to that effect. The signage may not exceed four square feet nor may it be used for advertising purposes;
(8) All storage and parking areas are blacktopped or concrete surfaced unless specifically approved by the City Council;
(9) All lighting shall be in compliance with § 152.187 of this chapter or other lighting standards in place at the time of project approval. A comprehensive lighting plan shall be submitted as part of the conditional use permit application. 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; and
(10) All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare or public betterment can be served as well or better by modifying the conditions.
(X) Automobile sales; outdoor; provided that:
(1) Vehicular access points shall be located along arterial streets and shall be limited and designed and constructed to create a minimum of conflict with through traffic movement and shall be subject to approval of the City Engineer;
(2) A drainage system subject to the approval of the City Engineer shall be installed;
(3) Storage areas are landscaped, fenced and screened from view of neighboring uses, abutting residential zoning districts and public rights-of-way in compliance with § 152.278 of this chapter;
(4) Traffic sight visibility shall be maintained in compliance with § 152.186 of this chapter;
(5) Provisions are made to control and minimize noise, air and water pollution;
(6) All storage and parking areas are blacktopped or concrete surfaced unless specifically approved by the City Council;
(7) Parking or automobile storage space shall be screened from view of abutting residential districts in compliance with §§ 152.275 through 152.281 of this chapter;
(8) At the boundaries of the lot, the following landscape area shall be required:
(a) From side and rear property lines, an area of not less than ten feet wide shall be landscaped in compliance with § 152.278 of this chapter;
(b) 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;
2022 S-3
Zoning 338E
(c) Where lots abut residential 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; and
(d) The property owner shall be responsible for maintenance of all landscaping, including within the boulevard;
(9) All lighting shall be in compliance with § 152.187 of this chapter or other lighting standards in place at the time of project approval. A comprehensive lighting plan shall be submitted as part of the conditional use permit application. 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; and
(10) All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare or public betterment can be served as well or better by modifying the conditions.
(Prior Code, § 11-61-4) (Ord. 258, passed 5-4-2006; Ord. 322, passed 9-4-2012; Ord. 330, passed 5-7-2013; Ord. 347, passed 9-20-2016; Ord. 381, passed 12-7-2021)