(A) Purpose. The purpose of this section is to establish specific development standards that provide supplemental regulations to address the unique characteristics of certain land use.
(B) Applicability. The regulations set forth in this section shall apply to the specific use listed, whether it is identified as permitted, conditional or accessory within the applicable zoning district. These regulations shall be in addition to all other applicable regulations.
(C) Specific development standards. The following uses are subject to specific development standards:
(1) Adult entertainment use.
(a) Activities classified as obscene as defined by M.S. § 617.241 or successor statute, are prohibited.
(b) The use shall be located at least 1,000 feet from any other adult entertainment use.
(c) The use shall be located at least 1,000 feet from any facility with an on- or off-sale liquor, wine or beer license.
(d) The use shall be located at least 500 feet from any of the following protected uses: residentially-zoned property or residential use; licensed day care facility; public or private educational facility classified as an elementary, middle or junior high or senior high school; public library; public park; or religious institution or place of worship.
(e) An adult entertainment use lawfully operating as a conforming use is not rendered nonconforming by the subsequent location of any use listed above within 500 feet. If the adult entertainment use is abandoned for a period of 90 days or more, it shall be deemed discontinued and subsequent use of the premises for adult entertainment will be required to meet the separation requirement.
(f) No more than one adult entertainment use shall be located on the property.
(g) The use shall not be located on any property that has a liquor license.
(h) Sign messages shall be generic in nature and shall only identify the type of business which is being conducted; signs shall not contain material classified as advertising.
(2) Animal kennel or shelter.
(a) Any activity conducted outdoors, including but not limited to play areas, outdoor runs, etc. shall be approved by the City Council through a Conditional Use Permit on a case-by-case basis.
(b) Outdoor kennels shall be prohibited.
(c) All outdoor activity space shall be completely screened from abutting neighboring residential zoning districts or uses by a six-foot tall privacy fence that is at least 80% opaque.
(d) All indoor activity shall include soundproofing and odor control.
(3) Automobile convenience facility.
(a) The use shall be served by a major collector or higher functional classification of roadway.
(b) All buildings, canopies and pump islands shall meet the setback requirements for a principal structure in the zoning district in which the use is located.
(c) The storage of inoperable vehicles on the site is prohibited.
(d) The sale or repair of vehicles shall be prohibited.
(e) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights-of-way.
(f) Canopy light fixtures shall be completely recessed within the canopy so that the lenses do not extend below the bottom surface of the canopy.
(g) Wherever fuel pumps are installed, pump islands shall be installed.
(h) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways.
(i) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment.
(j) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors.
(k) There shall be no exterior display of merchandise for sale exceeding 50 square feet in area.
(l) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing any litter found thereon.
(m) A minimum of two access points for vehicular traffic shall be provided. Curb cuts shall be located no less than 50 feet from the intersecting right-of-way line on collector roadways and no less than 80 feet from the intersecting right-of-way line on arterial roadways.
(n) All new automobile convenience facilities must be located on a minimum of one acre of land.
(4) Automobile and motorcycle repair, major.
(a) All vehicles waiting for repair or pick-up shall be stored within an enclosed building or in designated off-street parking spaces.
(b) All work shall be performed within a completely enclosed building.
(c) All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile and motorcycle parts or storage of inoperable or salvage vehicles shall be prohibited.
(d) The sale of vehicles shall be prohibited, unless permitted by this article or allowed by conditional use.
(e) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from, residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors.
(f) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment.
(g) Any fuel sales or automobile convenience activities shall be subject to the applicable standards for automobile convenience facilities.
(h) All new major automobile and motorcycle repair facilities must be located on a minimum of one acre of land.
(5) Automobile and motorcycle repair, minor.
(a) All vehicles waiting for repair or pick-up shall be stored within an enclosed building or in designated off-street parking spaces.
(b) All work shall be performed within a completely enclosed building.
(c) All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile and motorcycle parts or storage of inoperable or salvage vehicles shall be prohibited.
(d) The sale of vehicles shall be prohibited, unless permitted by this article or allowed by conditional use.
(e) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors.
(f) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment.
(g) Any fuel sales or automobile convenience activities shall be subject to the applicable standards for automobile convenience facilities.
(h) All new minor automobile and motorcycle repair facilities must be located on a minimum of one acre of land.
(6) Automobile and motorcycle sales/rental, new.
(a) The use shall be served by a major collector or higher classification of roadway.
(b) Outdoor vehicle display for used cars and motorcycles shall be limited to 30% of the total outdoor display area for a new car or motorcycle dealership. The display area shall be defined as the total number of parking spaces devoted to the sale of vehicles only, not including the required off-street parking spaces needed for the public and employees.
(c) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located.
(d) Outdoor vehicle display areas within the public right-of-way are prohibited.
(e) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights-of-way.
(f) Outdoor vehicle display shall be within a designated area that is hard-surfaced.
(g) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. The storage of inoperable, junk vehicles with expired tabs is prohibited.
(h) Music or amplified sounds shall not be audible from adjacent residential properties.
(i) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use.
(j) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(k) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors.
(l) All new automobile and motorcycle sales/rental, (new) facilities must be located on a minimum of one acre of land.
(7) Automobile and motorcycle sales/rental, used.
(a) The use shall be served by a major collector or higher classification or roadway.
(b) An open-aired used auto, motorcycle and truck sales or rental lot as a stand-alone business is prohibited.
(c) Used automobiles and motorcycles may be sold or rented as a stand-alone business if the business if the used automobiles, motorcycles and associated business are contained within a building.
(d) Used automobiles and motorcycles may not be sold accessory to businesses other than new car and motorcycle dealerships.
(e) Outdoor vehicle display areas within the public right-of-way are prohibited.
(f) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights-of-way.
(g) The outdoor storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited.
(h) Music or amplified sounds shall not be audible from adjacent residential properties.
(i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(j) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use included dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors.
(k) All new automobile and motorcycle sales/rental, (used) facilities must be located on a minimum of one acre of land.
(8) Barbed wire fences.
(a) Barbed wire fences may only utilize a projecting arm to support the barbed wire, commencing at a point no less than six feet above the ground.
(b) At no point shall the projecting arm encroach into the city right-of-way or neighboring properties.
(9) Bed and breakfast home.
(a) The bed and breakfast home shall be part of an owner occupied residential structure and be operated by the property owner.
(b) No more than one non-resident shall be employed in the operation of the facility.
(c) The exterior appearance of the structure shall not be altered from its single-family residential character.
(d) The total number of guestrooms shall not exceed four in the R-3 and R-4 Zoning Districts and six in the LB Zoning District. All guest rooms shall be located within the principal structure.
(e) Separate kitchen facilities shall not be available for guests. Meals shall be prepared and served by the operator and shall be available to registered guests only.
(f) Guest stays shall be limited to no more than 14 consecutive days.
(g) Parking shall be accommodated on the property. Parking requirements for guests are in addition to those required for the principal residential use.
(h) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(i) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota.
(10) Car wash.
(a) Water from the car wash shall not drain across any sidewalk or into any public right-of- way.
(b) Vacuum facilities shall be located in an enclosed structure or located at least 50 feet from any residential property line to avoid noise impacts.
(c) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon.
(11) Clinic, veterinary.
(a) All activity shall be within a completely enclosed building with soundproofing and odor control.
(b) Outdoor kennels shall be prohibited.
(12) Concrete, asphalt, rock crushing operation.
(a) The use shall be located a minimum of 1,000 feet from any residentially-zoned property or any residential use.
(b) An air quality plan shall be submitted describing stationary and mobile source air emissions, their quantities and compositions, and indicating conformance with all applicable regulation.
(c) A dust management plan shall be submitted describing dust emissions sources, their quantities and compositions, how dust will be collected, managed and disposed of and indicating conformance with all applicable regulations.
(d) A sound attenuation plan shall be submitted describing sources of sound and indicating conformance with all applicable regulations.
(e) A vibration-dampening plan shall be submitted describing sources of vibration and indicating conformance with all applicable regulations.
(f) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways.
(g) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment.
(13) Community center.
(a) The use shall be served by a minor collector or higher functional classification of roadway.
(b) The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint.
(c) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood.
(d) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character of the community.
(e) All accessory residential, school or day care uses shall be subject to the provisions of this article.
(14) Consignment/secondhand store.
(a) Consignment/secondhand stores shall be identified as stores whose primary existence is derived from more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all existing consignment/secondhand stores, currency exchanges, pawnshops and precious metal dealerships.
(b) The window and door area of any existing first floor facade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level.
(c) For new construction, at least 30% of the first floor facade along a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level.
(d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited.
(e) Consignors shall not be paid for merchandise until the merchandise has been sold to a third party.
(f) An appointment or set hours shall be required for the acceptance of consignment or donated merchandise.
(g) All receipt, sorting and processing of goods shall occur within a completely enclosed building.
(h) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon.
(15) Currency exchange.
(a) The use shall be located at least 3,000 feet from all existing currency exchanges, consignment/secondhand stores, pawnshops and precious metal dealerships.
(b) The window and door area of any existing first floor facade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level.
(c) For new construction, at least 30% of the first floor facade along a public street or sidewalk shall be windows or doors of clear of lightly tinted glass that allows views into and out of the building at eye level.
(d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited.
(e) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon.
(16) Day care center.
(a) The building and any exterior fenced areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located.
(b) The play area shall be located away from the main entrance to day care, and shall be contained with a fence constructed of masonry, painted or treated wood or metal, at least five feet in height.
(c) For child day care facilities, at least 75 square feet of outside play area shall be provided for each child under care.
(d) For adult day care facilities, at least 150 square feet of outdoor area for seating or exercise shall be provided. If 150 square feet of outdoor is not available on the site, the property owner must submit a written proposal that demonstrates that recreational activities for adults under the facility’s care will be provided off-site. The City Manager, or his or her designee, is authorized to approve or deny this proposal.
(e) The use shall provide a designated area for the short-term parking of vehicles engaged in loading and unloading of children or adults under care. The designated area shall be located as close as practical to the principal entrance of the building and shall be connected to the building by a sidewalk.
(f) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood.
(g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(h) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota.
(i) Day care centers located in a school or religious institution building originally constructed for use as a school or religious institution shall be considered a permitted accessory use, provided the standards contained herein are met.
(j) Day care centers located within an existing commercial or industrial facility and used only by employees of the operation conducted on the site shall be considered a permitted accessory use, provided the standards contained herein are met.
(17) Day care, home.
(a) The building and any exterior fenced areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located.
(b) The designated play area shall be contained with a fence constructed of masonry, painted or treated wood or metal, at least five feet in height.
(c) The exterior appearance of the structure shall not be altered from its single-family residential character.
(d) For child day care facilities, at least 50 square feet of outside play area shall be provided for each child under care.
(e) For adult day care facilities, at least 150 square feet of outdoor area for seating or exercise shall be provided for each adult under care.
(f) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(g) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota.
(18) Drive-up facility.
(a) The drive-up function shall be accessory to a conforming use.
(b) The use shall be served by a major collector or higher functional classification of roadway.
(c) The site shall accommodate vehicle stacking in accordance with the provisions of this article.
(d) Any speaker system shall not be audible from any residentially zoned property or any residential use.
(19) Drop-in facility.
(a) The use shall be located at least 3,000 feet from all existing drop-in facilities, consignment/secondhand stores, currency exchanges and pawnshops.
(b) The use shall conspicuously post legible signs at the public entrance advising patrons of the hours of operation of the facility and its meal service, if applicable.
(c) A waiting area for clients shall be provided which shall be available to clients one hour prior to the posted opening of the use and shall include toilet facilities.
(d) Trash receptacles shall be located at the public entrances.
(e) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon.
(20) Employment agencies–temporary (day labor). The use shall be located at least 3,000 feet from all existing temporary employment agencies, consignment/secondhand stores, currency exchanges and pawnshops.
(21) Firearms dealer/shooting range.
(a) The use shall be located at least 300 feet from any residentially zoned property or any residential use.
(b) The use shall be located at least 500 feet from the following protected uses: licensed daycare facility; public or private educational facility classified as an elementary, middle or junior high or senior high school; public library; public park; or religious institution or place of worship.
(c) No firearms or ammunition shall be displayed in window areas or any area where they can be viewed from any public street or sidewalk.
(22) Fireworks tents.
(a) The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department.
(b) The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124.
(c) The fireworks tent shall be accessory to a commercial use.
(d) Fireworks tents located within the public right-of-way are prohibited.
(e) All goods shall be displayed on a designated impervious surface area.
(f) All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
(g) Music or amplified sounds shall not be audible from adjacent residential properties.
(h) The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for the principal use.
(i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(j) Signage shall be limited to two professionally made signs, with a combined square footage not exceeding 32 square feet.
(k) Fireworks tents may be allowed for a maximum of 90 days per calendar year.
(23) Food service, convenience (fast food).
(a) The use shall be served by a major collector or higher functional classification of roadway.
(b) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights-of-way.
(c) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways.
(d) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing any litter found thereon.
(e) Curb cuts shall be located no less than 50 feet from the intersecting right-of-way line on collector roadways and no less than 80 feet from the intersecting right-of-way line on arterial roadways.
(f) A drive-up facility shall also be subject to the standards for a drive-up facility.
(24) Food service, limited (coffee shop/deli/bakery/and the like).
(a) Music or amplified sounds shall not be audible from adjacent residential uses.
(b) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon.
(25) Food service, full-service (restaurant/nightclub).
(a) Where alcoholic beverages are served, not less than 60% of the total gross sales revenue shall be from the sale of food and non-alcoholic beverages.
(b) Music or amplified sounds shall not be audible from adjacent residential uses.
(c) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon.
(26) Freight terminal.
(a) Loading and unloading activities shall be located no less than 200 feet from any residential zoning district or residential use.
(b) Overnight facilities for drivers shall provide on-site management 24 hours a day. The name and telephone number of the on-site manager shall be filed with the city.
(27) Funeral home.
(a) The use shall be served by a minor collector or higher functional classification of roadway.
(b) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(28) Greenhouses (residential).
(a) A residential greenhouse shall only be allowed for one- and two-family dwellings.
(b) A residential greenhouse shall meet all setbacks requirements of an accessory structure in the zoning district it is located.
(c) A residential greenhouse structure shall not count against the total number of detached accessory structures allowed on a residential property.
(d) A residential greenhouse structure shall not count against the total allowable combined square footage of accessory structures allowed on a residential property.
(e) A residential greenhouse shall be allowed during the normal growing season only.
(f) When not in use, a residential greenhouse shall be dismantled.
(29) Hospital.
(a) The use shall be served by a minor collector or higher functional classification of roadway.
(b) Emergency vehicle access shall not be adjacent to or located across the street from any residential use.
(c) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(30) Multi-family in CBD.
(a) The residential use is secondary to and located above the ground floor commercial use.
(b) The maximum number of units allowed shall be limited to the area of the parcel divided by 2,000, times the number of floors above the ground floor commercial use.
(c) A minimum of one parking space shall be provided per residential unit within 400 feet of the most commonly used entrance.
(31) Nursing home.
(a) The use shall be served by a minor collector or higher functional classification of roadway.
(b) On-site services shall be for residents of the facility only.
(c) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(32) Outdoor agricultural/produce sales.
(a) The outdoor agricultural/produce sales lot shall be accessory to a commercial use.
(b) Outdoor agricultural/produce sales located within the public right-of-way are prohibited.
(c) All goods shall be displayed in a designated area that is hard surfaced.
(d) All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
(e) Music or amplified sounds shall not be audible from adjacent residential properties.
(f) The outdoor agricultural/produce sales lot shall not reduce the amount of off-street parking provided one-site below the level required for the principal use.
(g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(h) Signage shall be limited to two professionally made signs per structure, not exceeding 32 square feet per sign.
(i) Outdoor agricultural/produce sales facilities may be allowed for a maximum of 90 days per calendar year.
(33) Outdoor Christmas tree sales.
(a) Outdoor Christmas tree sales lots shall be accessory to a commercial use.
(b) Outdoor Christmas tree sales located within the public right-of-way are prohibited.
(c) All goods shall be displayed in a designated area that is hard surfaced.
(d) All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
(e) Music or amplified sounds shall not be audible from adjacent residential properties.
(f) Outdoor Christmas tree sales lots shall not reduce the amount of off-street parking provided one-site below the level required for the principal use.
(g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(h) Signage shall be limited to two professionally made signs, with a combined square footage not exceeding 48 square feet.
(i) Outdoor Christmas tree sales lots may be allowed for a maximum of 90 days per calendar year.
(34) Outdoor sales/display.
(a) The outdoor sales/display use shall be accessory to a commercial use.
(b) All outdoor sales/display areas shall meet the setback requirements for a principal structure in the zoning district in which it is located.
(c) Outdoor sales/display areas within the public right-of-way are prohibited.
(d) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights-of-way.
(e) All goods shall be displayed in a designated area that is hard-surfaced.
(f) All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
(g) Music or amplified sounds shall not be audible from adjacent residential properties.
(h) The outdoor sales/display area shall not reduce the amount of off-street parking provided on-site below the level required for the principal use.
(i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(35) Outdoor storage.
(a) The outdoor storage area shall be accessory to a commercial or industrial use.
(b) Outdoor storage within the public right-of-way is prohibited.
(c) All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located.
(d) Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure.
(e) The storage area shall be fenced and screened from adjacent uses and the public right- of-way. Required screening shall consist of a fence, wall, earth berming and/or vegetation no less than six feet in height and no less than 80% opaque on a year round basis.
(f) All goods, materials and equipment shall be stored on an impervious surface.
(g) All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed.
(h) The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided.
(36) Parking ramp.
(a) Parking ramp structures shall meet the setback requirements for a principal structure in the zoning district in which the use is located.
(b) Exterior facade materials shall be compatible with surrounding buildings.
(37) Pawnshop.
(a) The use shall be located at least 3,000 feet from all existing pawnshops, currency exchanges, consignment/secondhand stores and precious metal dealerships.
(b) The window and door area of any existing first floor facade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level.
(c) For new construction, at least 30% of the first floor facade along a public street or sidewalk shall be windows or doors of clear or lightly-tinted glass that allows views into and out of the building at eye level.
(d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited.
(e) All receipt, sorting and processing of goods shall occur within a completely enclosed building.
(f) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon.
(38) Precious metal dealership.
(a) The use shall be located at least 3,000 feet from all existing precious metal dealerships, pawnshops, currency exchanges and consignment/secondhand stores.
(b) The window and door area of any existing first floor façade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level.
(c) For new construction, at least 30% of the first floor façade along a public street or sidewalk shall be windows or doors of clear or lightly-tinted glass that allows views into and out of the building at eye level.
(d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk is prohibited.
(e) All receipt, sorting and processing of goods shall occur within a completely enclosed building.
(39) Recreational vehicle sales.
(a) The use shall be served by a major collector or higher classification of roadway.
(b) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located.
(c) Outdoor vehicle display areas within the public right-of-way are prohibited.
(d) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights-of-way.
(e) Outdoor vehicle display shall be within a designated area that is hard-surfaced.
(f) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed.
(g) Music or amplified sounds shall not be audible from adjacent residential properties.
(h) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use.
(i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(j) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors.
(40) Recreational facility, indoor.
(a) The use shall be served by a minor collector or higher classification of roadway.
(b) The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint.
(c) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood.
(d) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(41) Recreational facility, outdoor.
(a) The use shall be served by a minor collector or higher classification of roadway.
(b) The site shall be no less than five acres in size.
(c) The principal use of the site shall be the outdoor recreation facility, except for athletic fields that are accessory to an educational or community facility.
(d) The use shall be situated in such a way as to minimize the effects of lighting and noise on surrounding properties.
(e) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(f) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon.
(42) Religious institution/place of worship.
(a) The facility shall be served by a minor collector or higher functional classification of roadway.
(b) The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint.
(c) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood.
(d) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(e) All accessory residential, school or day care uses shall be subject to the provisions of this article.
(43) Residential care facility.
(a) The use shall be located at least 1/4 mile (1,320 feet) from all existing residential care facilities or correctional residential care facilities, regardless of the licensing status of such facilities.
(b) The use shall not be located in a two-family or multiple-family dwelling unless it occupies the entire structure.
(c) The facility shall be located on a parcel meeting the minimum lot size for a single- family dwelling plus an area of 300 square feet for each resident over six. The maximum number of residents may be specified as a condition of the conditional use permit in order to meet this requirement.
(d) On-site services shall be for residents of the facility only.
(e) The building and any exterior fenced areas shall meet the setback requirements of the zoning district in which the use in located.
(f) To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with other buildings in the neighborhood.
(g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character of the neighborhood.
(h) The primary purpose of the facility cannot be to treat juveniles who have violated criminal statutes relating to sex offenses or who have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses.
(i) The facility shall not provide accommodations to treat persons whose tenancy would constitute a direct threat to the health and safety of other individuals.
(j) The facility shall not accept court ordered referrals for treatment in lieu of incarceration without adequate security.
(k) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota.
(l) If the size, location, licensing or purpose of the facility changes, a new or amended conditional use permit may be required.
(44) Residential care facility, correctional.
(a) The use shall be located at least 1/4 mile (1,320 feet) from all existing residential care facilities and correctional residential care facilities, regardless of the licensing status of such facilities measured from property line to property line.
(b) The use shall only be located in the I-1, Light Industrial District and the I-2, General Industrial District parcels throughout the city.
(c) The use shall not be located in a two-family or multiple-family dwelling unless it occupies the entire structure.
(d) The facility shall be located on a parcel meeting the minimum lot size for single-family dwelling plus an area of 300 square feet for each resident over two. The maximum number of residents shall not exceed four.
(e) On-site services shall be for residents of the facility only.
(f) The building and any exterior fenced areas shall meet the setback requirements of the zoning district in which the use in located.
(g) To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with other buildings in the neighborhood.
(h) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character of the neighborhood.
(i) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota.
(j) If the size, location, licensing or purpose of the facility changes, a new or amended conditional use permit may be required.
(45) Salvage operation/transfer station.
(a) The use shall be located at least 500 feet from any residentially zoned property or any residential use.
(b) The use must comply with the minimum standards for operation, safety, storage and all waste management as identified in the most current version of MPCA Motor Vehicle Salvage Facility Environmental Compliance Manual or successor manual.
(c) The use must be served by a minor collector or higher functional classification of roadway.
(d) Buildings, parking areas, loading areas and any exterior storage shall meet the setback requirements for a principal structure in the zoning district in which the use is located.
(e) No vehicles or vehicle parts may be placed within the public right-of-way or on public property.
(f) Exterior storage shall be limited to a maximum height of 12 feet and shall be fully screened so that items stored do not exceed the height of the screening provided.
(g) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment.
(h) The salvage facility operator shall maintain a written record of all vehicles received, including the date received, date when fluids were removed and date removed from the facility. The record shall also include the vehicle identification number, make and model and shall be initiated on the date the vehicle is received at the facility.
(i) All fluids, including but not limited to motor oil, transmission and/or transfer case lubricants, differential lubricants, fuel, antifreeze, refrigerants and window washing fluids shall be removed from the vehicle within three days of receipt.
(j) All lead acid batteries, mercury containing devices and other hazardous materials shall be removed from the vehicle within three days of receipt.
(k) On-site burning of trash, refuse, garbage or other waste materials is prohibited.
(l) Salvage of materials by fire, burning, explosives or chemical decomposition is prohibited.
(46) School, K-12.
(a) The use shall include a regular course of study accredited by the State of Minnesota.
(b) The site shall be served by a major collector or higher classification of roadway.
(c) The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint.
(d) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways.
(e) To the extent practical, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood.
(f) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(47) School, vocational/business.
(a) The site shall be served by a minor arterial or higher classification of roadway.
(b) The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint.
(c) A master plan shall be submitted that describes proposed physical development for the next five years and for the following five years. Said plan shall include a description of proposed development phases and plans, development priorities, the probable sequence of proposed development, estimated dates of construction and the anticipated interim use of property waiting to be developed.
(d) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways.
(e) New construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood.
(f) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(48) School, performing/visual/martial arts.
(a) The site shall be served by a minor collector or higher classification of roadway.
(b) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways.
(c) To the extent practical, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood.
(d) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(49) Shopping center.
(a) Only uses that are allowed within the zoning district in which the shopping center is located, shall be allowed in the shopping center.
(b) Uses that require a conditional use permit, site plan review or other land use approval shall comply with all review and approval requirements of this article.
(c) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet shall be inspected regularly for purposes of removing any litter found thereon.
(50) Smoke shops.
(a) The smoke shop must have an entrance door opening directly to the outdoors.
(b) Greater than 90% of the business’s gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories.
(c) A tobacco department or section of any individual business establishment with any type of liquor, food or restaurant license shall not be considered a smoke shop.
(d) The total number of city-issued smoke shop licenses shall at no time exceed five.
(e) Any existing smoke shops at the time of the passage of Ord. 1570 shall comply fully with the ordinance by December 31, 2010.
(51) Transitional/emergency housing.
(a) Transitional/emergency housing shall be located at least 1/4 mile from all existing transitional/emergency housing.
(b) The maximum number of persons served shall not exceed 32.
(c) On-site services shall be for residents of the facility only, except where part of a regimen of scheduled post-residential treatment/service.
(d) To the extent practical, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood.
(e) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(52) Two-family and twinhome dwellings.
(a) Street-facing garage doors must be recessed behind either the front facade of the living area portion of the dwelling or a covered porch, measuring at least six feet by eight feet, by at least five feet.
(b) If located on a corner lot, each unit of the duplex or twinhome shall have its address and entrance oriented to a separate street frontage.
(c) Vehicle access to a lot must be from an alley if the lot abuts an alley.
(53) Brewer taprooms and brew pubs.
(a) All malt liquor production shall be within a completely enclosed structure.
(b) Mechanical equipment shall be placed and/or screened so as to minimize the visual impact on adjacent properties and from public streets.
(c) In zoning districts where off-street parking is required, a transportation management plan shall be submitted to address off-street parking, bus and freight loading, and traffic control.
(d) Loading areas shall not be oriented toward a public street, nor shall loading docks be located on the side of any building facing an adjacent lot that is zoned residential. Where these districts or streets abut all sides of the property, the loading areas shall be screened by a solid wall or opaque fence with a minimum height of six feet, in addition to any required landscape buffer.
(e) Trash and/or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property.
(f) By-products and waste from the production of malt liquor shall be properly disposed of off the property.
(g) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon.
(h) The facility shall meet all applicable building and fire codes, and shall be licensed as required by the state or county.
(54) Banquet halls.
(a) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings, and exterior materials shall be compatible with those used in the immediate neighborhood.
(b) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character of the community.
(c) The facility shall meet all applicable building and fire codes, and shall be licensed as required by the state or county.
(d) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways.
(e) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing any litter found thereon.
(f) Music or amplified sounds shall not be audible from adjacent residential uses and must meet the requirements of city ordinances, to ensure consistent enforcement by the Police Department.
(55) Health/fitness clubs in LB, Limited Business districts.
(a) The health/fitness club shall not exceed 4,000 gross square feet in area.
(b) The use shall be served by a minor collector or higher classification roadway.
(c) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood.
(d) An appropriate transition area shall be provided between the use and adjacent property by landscaping, screening or other site improvements consistent with the character of the neighborhood.
(e) The parking supply requirements of § 9.105(L)(10) shall be satisfied via off-street parking or a combination of off-street parking and off-site parking. Off-site parking shall be located no more than 400 feet from the main entrance of the use being served.
(f) The City Council may establish limited business hours as a means of ensuring compatibility with surrounding uses.
(Ord. 1428, passed 5-29-01; Am. Ord. 1502, passed 1-9-06; Am. Ord. 1515, passed 11-13-06; Am. Ord. 1516, passed 10-23-06; Am. Ord. 1530, passed 9-24-07; Am. Ord. 1570, passed 9-28-09; Am. Ord. 1594, passed 4-25-11; Am. Ord. 1595, passed 4-25-11; Am. Ord. 1606, passed 4-23-12; Am. Ord. 1626, passed 5-9-16; Am. Ord. 1638, passed 2-27-17; Am. Ord. 1641, passed 6-12-17; Am. Ord. 1653, passed 2-25-19; Am. Ord. 1654, passed 2-25-19; Am. Ord. 1663, passed 1-25-21)