§ 152.688 CONDITIONAL USES.
   Subject to applicable provisions of this chapter, the following are conditional uses in an I-2 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)   Accessory, indoor retail, rental or service activity other than that allowed as a permitted use or conditional use within this chapter, provided that:
      (1)   The use is accessory and related to the permitted industrial use allowed within an I-2 District; and
      (2)   The use does not constitute more than 30% of the lot area and not more than 30% of the gross floor area of the principal building.
   (B)   Commercial and public radio and television transmitting antennas and public utility microwave antennas, as regulated by §§ 152.330 through 152.337 of this chapter;
   (C)   Concrete product plants, building materials production and similar uses provided that:
      (1)   All applicable State Pollution Control Agency requirements are satisfactorily met;
      (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 § 152.279 of this chapter;
      (4)   Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to approval of the City Engineer;
      (5)   Provisions shall be made to control and minimize noise, air and water pollution; and
      (6)   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.
   (D)   Crude oil, gasoline or other liquid storage tanks as an accessory use (not including bulk propane at motor fuel stations for providing service to the general public) provided that:
      (1)   All applicable State Pollution Control Agency requirements are satisfactorily met;
      (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 § 152.279 of this chapter;
      (4)   Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to approval of the City Engineer;
      (5)   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;
      (6)   Storage tanks shall be surrounded by 25 feet of open area. Storage of any kind is prohibited in the open area, except equipment incidental to the storage tank. Approved parking must be setback ten feet from any storage tank;
      (7)   Storage tanks shall be set back from existing structures, as outlined in the Fire Code, based on tank size;
      (8)   Storage tanks shall not interfere with site circulation, including, but not limited to, parking, driveway, curb cuts and loading area;
      (9)   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;
      (10)   Storage sites shall be accessible by service and emergency vehicles;
      (11)   All filling values of the storage tanks shall be enclosed and have locking devices;
      (12)   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;
      (13)   Provisions are made to control and minimize noise, air and water pollution; and
      (14)   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.
   (E)   Essential services involving transmission pipelines and transmission or substation lines in excess of 33kV and up to 100kV, as regulated by §§ 152.385 through 152.389 of this chapter;
   (F)   Manufacture of materials, including but not limited to, rubber, corrosive acids, petroleum and chemical products, which pose potential health and safety risks and which when produced give off potentially noxious odors provided that:
      (1)   All applicable State Pollution Control Agency requirements are satisfactorily met;
      (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 § 152.279 of this chapter;
      (4)   Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to approval of the City Engineer;
      (5)   Provisions are made to control and minimize noise, air and water pollution;
      (6)   Exterior liquid storage tanks shall comply with the standards of § 152.192 of this chapter; and
      (7)   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.
   (G)   Mini self-storage facilities provided that:
      (1)   At least 25% of the site is open green space which is sodded and intensely landscaped in accordance with a plan approved by the City Council;
      (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 200 feet of a fire hydrant;
      (6)   All storage buildings 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)   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 and parking areas 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 ensure 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 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; and
      (11)   No retailing, wholesaling, manufacturing, repair or other activity other than storage is to occur within the self storage, mini warehousing facility.
   (H)   Open and outdoor storage (not outdoor sales lots) as an accessory use provided that:
      (1)   The storage area is landscaped and screened from view of neighboring uses, residential zoning districts and public rights-of-way per § 152.279 of this chapter;
      (2)   Storage area is fenced in a manner approved by the city;
      (3)   Storage area is blacktopped or concrete surfaced unless specifically approved by the City Council;
      (4)   All lighting shall be in compliance with § 152.187 of this chapter or other lighting standards in place at the time of project approval;
      (5)   The storage area does not take up parking space as required for conformity to this chapter;
      (6)   The property shall not abut property zoned for residential or business use;
      (7)   The storage area is not located in a front yard;
      (8)   The storage area shall not abut a school or a public park; and
      (9)   Storage shall not include material considered hazardous under federal or state environmental law.
   (I)   Refuse/garbage collection provided that:
      (1)   No refuse or garbage shall be stored or in any way disposed of on the site;
      (2)   The storage of refuse or garbage in the front yard shall be prohibited;
      (3)   Vehicle parking and storage areas are screened from view of neighboring uses, abutting residential zoning districts and public rights-of-way in compliance with §§ 152.255 through 152.264 of this chapter;
      (4)   Vehicle parking/storage areas shall be hard surfaced with a bituminous material with curb and gutter to control dust and shall be screened from view of neighboring uses and public rights-of-way;
      (5)   The site shall be maintained free of litter and any other undesirable materials and will be cleaned of loose debris on a daily basis;
      (6)   One off-street parking space shall be provided for each commercial vehicle operated by the business. Parking requirements will otherwise be as mandated by the provisions of §§ 152.255 through 152.264 of this chapter;
      (7)   All in bound and out bound trucks and equipment, excluding employee's personal vehicles, shall be restricted to designated routes established by the city, except for times when providing collection service to customers within the city limits;
      (8)   The hours of operation shall be limited as necessary to minimize the effects of nuisance factors such as traffic, noise and glare upon any existing neighboring residential uses or residential zoning districts;
      (9)   Provisions are made to control and minimize noise, air and water pollution; 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.
   (J)   Satellite TVROs greater than two meters in diameter as regulated by §§ 152.330 through 152.337 of this chapter;
   (K)   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;
      (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)   Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to approval of the City Engineer;
      (5)   Provisions are made to control and minimize noise, air and water pollution; and
      (6)   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; and
   (L)   Sexually oriented uses as regulated by city code Chapter 120 provided that:
      (1)   No person shall operate a sexually oriented use on property, any part of which is within the area circumscribed by a circle which has a radius of 700 feet from any of the uses listed directly below. Distances shall be measured by following a straight line, without regard to intervening structures or objects, between the closest points on the property line of the two uses. The distance requirement applies to the following:
         (a)   Property developed or zoned for residential uses; or
         (b)   Property frequented by children or designed as a family destination, such as a day care facility, school, library, park, playground, nature center, religious institution or other public recreational facility.
      (2)   No person shall operate a sexually oriented use on property, any part of which is within the area circumscribed by a circle which has a radius of 1,000 feet (measured as described above) from another sexually oriented use.
      (3)   No sexually oriented materials shall be offered for sale or sold except in original unopened packages.
      (4)   No owner, manager or employee of a sexually oriented use shall have been convicted of a sex crime, as identified in Minnesota Statutes dealing with sexual assault, sexual conduct, harassment, obscenity, or domestic abuse.
      (5)   No sexually oriented materials or entertainment shall be used on any sign or window display.
      (6)   No owner, manager or employee of a sexually oriented use shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by any ordinance of the city, the laws of the State of Minnesota, or the United States of America. Nothing in this division (L)(6) shall be construed to authorize or permit conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally, or the exhibition, sale or distribution of specified materials to minors.
      (7)   No person under the age of 18 shall be allowed on the premises.
      (8)   No sexually oriented materials or entertainment shall be visible or perceivable in any manner, including aurally, at any time from the outside of the building.
      (9)   Screening shall be installed and maintained in compliance with § 152.279
      (10)   Each use shall display a sign on its main entrance door which reads: “This business sells sexually oriented material or entertainment. Persons under 18 years of age are prohibited from entering.” The sign letters shall be a minimum of two inches high.
      (11)   No sexually oriented use shall exceed 10,000 square feet in gross floor area.
      (12)   No patron, employee or other person may physically contact any specified anatomical area of himself or herself, or of any other person, except that a live performer may touch himself or herself.
      (13)   Each live performer shall remain at all times a minimum distance of ten feet from all members of the audience, and shall perform on a platform intended for that purpose, which shall be raised at least two feet from the level of the floor on which the audience is located. No performer may solicit or accept any pay, tip, or other item from any member of the audience.
      (14)   No use shall have any booths, stalls or partitions which separate any area from a general public room. The restrictions of this division (L)(14) do not apply to restrooms, storage rooms, or private offices of the owner, manager or employees of the use, if such storage rooms or offices are used solely for the running the use and no person other than the owner, manager and employees is allowed in the storage rooms or offices.
      (15)   The use and the owner must be licensed as required by any federal, state or local licensing regulations.
      (16)   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.
      (17)   All exterior 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 maximum site illumination shall not exceed four-tenths foot candle at ground level when measured at any boundary line of the property.
(Prior Code, § 11-71-4) (Ord. 258, passed 5-4-2006; Ord. 378, passed 10-5-2021)