(A) Purpose. The purpose of this section is to establish specific design and operational performance standards for motor vehicle fuel facilities.
(B) Motor vehicle fuel sales, not including truck stops or automobile repair.
(1) District application. Motor vehicle fuel sales may be allowed in the B-2 Highway Business District subject to the approval of a conditional use permit. The standards and requirements for motor vehicle fuel sales shall be in addition to those which are imposed for other uses and activities occurring on the property.
(2) Motor vehicle fuel facilities. Motor vehicle 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.
(3) Area. A minimum lot area of one and one-quarter acres and minimum lot frontage of 150 feet. If the canopy is attached to the principal structure, the minimum lot size may be reduced to 1 acre. The City Council may exempt previously developed or previously platted property from this requirement provided that the site is capable of adequately and safely handling all activities and required facilities.
(4) Hours. Hours of operation shall have no limits except as may be required by the City Council.
(5) Architectural standards.
(a) As a part of the conditional use permit application, a color illustration of all building elevations must 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 Chapter 212 (General Yard, Lot Area, and Building Requirements) of this title.
(d) Exterior wall treatments like brick, stone (natural or artificial), decorative concrete block, and stucco shall be used.
(e) Earth tone colors of exterior materials including the canopy columns shall be required. Earth tone colors shall be defined as stated in § 191.02 (Definitions) of this title.
(f) Ten percent of the building facade may contain contrasting colors. Contrasting colors shall be defined as stated in § 191.02 (Definitions) of this title. The canopy may have contrasting color bands or accent lines not to exceed an accumulative width of 4 inches. The color bands shall not be illuminated.
(6) 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 20 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 must provide 14 feet of clearance from the bottom of the canopy to the ground to accommodate a semitrailer truck passing underneath.
(c) The canopy fascia shall not exceed 3 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 bottom face of the canopy. Total canopy illumination may not exceed 115 foot-candles below the canopy at ground level. The fascia of the canopy shall not be illuminated.
(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:
1. The individual canopy sign does not exceed more than 20% of the canopy facade facing a public right-of-way.
2. The canopy fascia shall not be illuminated, except for permitted canopy signage.
(g) Canopy posts/sign posts shall not obstruct traffic or the safe operation of the gas pumps.
(7) Pump islands. Pump islands must comply with the following performance standards:
(a) Pump islands must be elevated 6 inches above the traveled surface of the site.
(b) All pump islands must be set at least 30 feet back from any property line. Additionally, the setback between the pump islands curb face must be at least 24 feet.
(8) 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 4 feet.
(c) A minimum oil containment capacity of 800 gallons.
(d) Minimum maintenance/inspection of 2 times per year and/or after measurable spill events. A measurable spill shall be defined by the Minnesota Pollution Control Agency (MPCA). Any measurable spill event must be reported to the MPCA.
(9) Landscaping.
(a) At least 25% 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 5 feet wide shall be landscaped in compliance with Chapter 213 (Fencing, Screening, and Landscaping Requirements) of this title.
2. From all road rights-of-way, an area of not less than 15 feet wide shall be landscaped in compliance with Chapter 213 (Fencing, Screening, and Landscaping Requirements) of this title.
3. Where lots abut residentially zoned property, a buffer yard of not less than 20 feet wide shall be landscaped and screened in compliance with Chapter 213 (Fencing, Screening, and Landscaping Requirements) of this title.
4. The property owner shall be responsible for maintenance of all landscaping, including within the boulevard.
(10) Exterior lighting. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with § 205.11 (Exterior Lighting) of this title. 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 shall only be permitted under the canopy structure, and consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the bottom face 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 one foot-candle at ground level when measured at any boundary line with an adjoining residential property or any public property.
(d) Exception. Except for permitted wall signage the building and/or canopy fascia shall not be illuminated.
(11) Access. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Chapter 210 (Off-Street Parking) of this title.
(12) Circulation. The site design must accommodate adequate turning radius and vertical clearance for a semitrailer truck. A site plan must be provided to illustrate adequate turning radius, using appropriate engineering templates.
(13) Off-street loading. Designated loading areas must be exclusive of off-street parking stalls and drive aisles. The off-street loading space(s) and building access for delivery of goods shall be separate from customer parking and entrances and shall not cause conflicts with customer vehicles and pedestrian movements.
(14) Parking.
(a) Parking spaces shall be calculated solely based upon the use and the square footage of the principal building.
(b) Parking spaces shall be screened from abutting residential properties in compliance with Chapter 210 (Off-Street Parking) of this title.
(15) Pedestrian traffic.
(a) An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. In front of the principal structure, the pedestrian sidewalk must be a minimum of 5 feet wide and clear of any obstacle or impediment. The pedestrian sidewalk may be reduced to a minimum of 3 feet wide and clear of any obstacle or impediment when segregated from parking or drive aisles by a physical barrier that prevents vehicles from overhanging the pedestrian sidewalk.
(b) A continuous and permanent concrete curb not less than 6 inches above grade shall separate internal sidewalks for pedestrian traffic from motor vehicle areas, pursuant to the provisions of § 210.05 (Stall, Aisle, and Driveway Design) of this title.
(16) Noise. Public address system shall not be audible at any property line. The playing of music or advertisement from the public address system is prohibited. Noise control shall be required as regulated in § 205.12 (Emissions, Noise, Odors, Smoke, Air Pollution, Dust and Other Particulate Matter, and Waste) letter B of this title.
(17) Outside sales and service. Outside sales and service shall be allowed on a limited basis, provided that:
(a) Site plan.
1. Areas designated. Areas for outdoor sales and services shall be clearly indicated on the site plan and reviewed at the time of application for a conditional use permit. No outdoor sales or services shall be allowed outside of those areas so designated on the approved site plan without approval of an amended conditional use permit.
2. Conditional use permit. Outdoor sales and services may be further restricted or prohibited as a term in a conditional use permit.
(b) Location. Except as regulated by § 205.22(B)(17)(d)1. (Motor Vehicle Fuel Facilities) of this title, outdoor sales and services shall be located upon a concrete or asphalt surface adjacent to the principal building and shall not encroach into any required principal building setback, required parking stall, drive aisle, or pedestrian sidewalk required by division (M) of this section, or otherwise impede vehicle and pedestrian circulation.
(c) Outdoor sales.
1. Area. The area devoted to outdoor sales shall not exceed 5% of the gross floor area of the principal building or 200 square feet, whichever is less.
2. Height. The height of sales displays shall not obstruct any window or otherwise impair a clear view of the pump islands from the cashier station within the building. In no case shall the sales display exceed 5 feet in height.
3. Required parking. The outdoor sales area shall be included in the calculations for parking spaces required for the use by Chapter 210 (Off-Street Parking) of this title.
(d) Uses. Outdoor services shall be limited to the following uses:
1. Public phones, compressed air service, outdoor movie rentals, or automobile vacuum areas may encroach into a required yard as long as they do not interrupt on-site traffic circulation, do not occupy required parking stalls, and are not located in a yard abutting residentially zoned property.
2. Propane sales limited to 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.
3. Freezers for ice products may only be located at the front of the building subject to the area and location requirements of § 205.22(B)(17)(b) and (c) (Motor Vehicle Fuel Facilities) of this title, or when used for storage purposes only shall be located in a side or rear yard and screened from view from adjacent properties or the public right-of-way with materials consistent with the principal building.
(18) Litter control. The operation shall be responsible for litter control on the subject property, which is to occur on a daily basis. Trash receptacles must be provided at a convenient location on-site to facilitate litter control.
(19) Signs. A comprehensive sign plan must be submitted as part of a conditional use permit application. The freestanding sign allowed shall be a monument sign constructed as follows:
(a) The sign shall be self-supported vertically by a solid base extending horizontally for a minimum of the entire width of the sign face. Total height of the monument sign including the base shall not exceed 15 feet.
(b) The sign base and supporting material shall be equal to at least 40% of the total allowable sign square footage, and shall not be counted toward the sign area. The base shall be attached to the ground for its entire horizontal width of the sign. The base shall be decay resistant wood, stone, brick, or decorative masonry and shall not contain any sign copy.
(c) All other signing and informational or visual communication devices shall be minimized and shall be in compliance with Chapter 207 (Signs) of this title.
(d) 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.
(20) 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.
(a) The City Council may require the installation of a backup generator in the case of a power failure to allow for the pumping of fuel during emergency situations.
(C) Motor vehicle fuel sales including convenience grocery and/or prepared food, not including truck stops or automobile repair.
(1) District application. Motor vehicle fuel sales including convenience grocery and/or prepared food may be allowed in the B-2 Highway Business District subject to approval of a conditional use permit. The standards and requirements for motor vehicle fuel sales shall be in addition to those which are imposed for other uses and activities occurring on the property.
(2) Area and location specified. The proximate area and location of space devoted to merchandise sales shall be specified in the application and in the conditional use permit.
(3) Prepared food.
(a) Convenience/deli food is of the takeout type only and that no provision for seating, consumption on the premises, or drive-through facilities is provided. Furthermore, that the enclosed area devoted to such activity, use, and merchandise shall not exceed 15% of the gross floor area.
(b) The storage, preparation, and serving of food items are subject to approval based upon the applicable state and county regulations.
(4) Additional regulations. The use shall be further regulated as provided for by § 205.22(B) (Motor Vehicle Fuel Facilities) of this title.
(Ord. 2011-06-07A, passed 6-7-2011)