No structure or land shall be used except by conditional use permit for any of the following uses as such are defined and in accordance with the required lot provisions, design and performance standards, and conditions set by the Council.
(A) Amusement park.
(B) Automotive sales including passenger cars, trucks and commercial vehicle sales provided the required display area setback shall be curbed and landscaped to prevent vehicle encroachment into the front yard and side yard setback areas.
(C) Automotive service station and/or automotive service center or station. Subject to the following:
(1) Motor fuel facilities are installed in accordance with state standards. Adequate space shall be provided to access gas 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 minimize conflict with circulation, access, and other activities on the site.
(2) Wherever fuel pumps are to be installed, pump islands shall be installed.
(3) A protective canopy located over the pump island(s) may be an accessory structure on the property however adequate visibility both on and off site shall be maintained.
(4) 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.
(5) No outside sale or display shall be permitted except gasoline and other goods consumed in the normal operation of a car as well as convenience items typically available at a gas/convenience store such as the following products: oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires, and batteries. Small propane tanks, intended for use with gas grills, fire wood, ice machines, bagged mulch and water softener salt, are also permitted, provided they are not located in required setback area, and they meet applicable building and fire codes. No products shall be sold or displayed in any required yard nor shall the total display area occupy more than 150 square feet in area or be more than 5 feet in height. No other vehicular parts and non-automobile oriented good shall be displayed or sold outside.
(6) Towing service with accompanying outdoor vehicular storage may be allowed provided conformance with the following standards:
(a) Accessory. The use is an accessory to, and must accompany, an automotive service station (gas station) on the same parcel.
(b) Minimum lot area. Parcels on which a towing service and accompanying outdoor vehicular storage may occur must be a minimum of 5 acres.
(c) Maximum storage area. The maximum amount of parcel area occupied by the towing service and/or outdoor vehicular storage may be 25%.
(d) Screening. Provision of adequate screening to satisfy, at a minimum, the requirements outlined in § 154.157(G).
(D) Boat and trailer retail sales and rental, ATVs and motorcycle sales. Subject to the following:
(1) Sales area. A principal structure of 800 square feet in size or greater must be included on all sales and rental lots which contain outdoor displays as an accessory use.
(2) Front yard/display area. Outdoor motor vehicle sales/leasing/rental display area may be permitted within the required front yard provided the following criteria are met:
(a) The outdoor sales/leasing/rental area shall not be less than 20 feet from the front lot line.
(b) The required display area setback shall be curbed and landscaped to prevent vehicle encroachment into the front yard and side yard setback areas.
(3) Outdoor sales display area is not used for seasonal storage of vehicles, boats and/or trailers.
(E) Building material sales, with no outdoor storage or display.
(F) Farm implement dealer.
(G) Greenhouses. Garden and landscape sales and services, including produce sales.
(H) Kennel. Subject to the following:
(1) The use shall not be located within 500 feet of any RR, R-l, R-2, R-3, R-4, or R-5 district.
(2) Any outdoor exercise area shall be screened from view from abutting property with a landscaping buffer strip having a minimum width of 8 feet and consisting of coniferous and deciduous trees.
(3) State licensing: The conditional use permit be issued contingent upon receipt of the initial inspection report and approval of licensing from the MN Board of Animal Health.
(4) City licensing: The conditional use permit be issued contingent upon the applicant's application to and receipt of a City of Jordan kennel license.
(5) Noise control: If noise levels exceed acceptable city levels or the city receives validated complaints relating to noise at the facility, the applicant, at the city's written direction shall install fencing or other city approved screening on the site.
(6) Odors: Odor control shall consist of a ventilation system designed so that no odors or organisms will spread between ward or to the outside air. Odor control shall meet the MN Department of Animal Health licensing requirements.
(7) Outside runs: No outside pens or outside runs shall be permitted, without prior approval by the City Council and MN Department of Animal Health. If/when approved in the future, any outdoor exercise area shall be screened from view from abutting property with a landscaping buffer strip having a minimum width of 8 feet and consisting of coniferous and deciduous trees; as required by the Zoning Ordinance.
(8) Number of animals: The maximum number of domestic animals, or the capacity of animals to be boarded or kenneled at 1 time, shall be determined by the MN Department of Animal Health, and approved by the City Council. The Council may restrict the number to less than the capacity, depending on the site and potential impact on neighboring properties.
(9) Waste materials: All indoor waste materials shall be cleaned and removed on a daily basis. The issuance of the conditional use permit shall be conditioned upon receipt of a written agreement either through another vet clinic or kennel or directly with a cremation service for the pickup of disposed animals. If it is contracted direct, that a cabinet freezer be on-site for the period between pick-ups.
(10) Leash requirements: All animals shall remain on a leash when outdoors.
(11) Dangerous dogs: Dangerous dogs or potentially dangerous dogs, as defined by M.S. § 347.50, shall be allowed to be kenneled or cared for on the premises for a maximum 10 days, if they are required to be isolated for a biting incident, per state statutes.
(12) Building Code: The applicant shall meet all required Building Code prior to the filing of the conditional use permit with the Scott County Recorder's office.
(13) Safety issues: If issues with security arise, the owner would upon notification of the city, install a fence around the perimeter of the operation.
(14) Other requirements: The animal holding kennel shall comply with other applicable sections of the City Code, including but not limited to Ch. 117 Animal Businesses.
(I) Lumber yard or construction material sales.
(J) Manufacturing and processing.
(K) Multiple principal buildings on 1 lot, as a part of an approved planned unit development.
(L) Outdoor seating area for food, on sale liquor establishments and restaurants, Class I, II, and III. Subject to the following:
(1) Meets the standards set forth in § 154.047 Conditional Use Permit.
(2) The seating area shall be located on private property, shall be subject to the same setbacks as the principal building and outside of any recorded easement areas and demonstrated on a site plan.
(3) The seating area shall also be considered as part of the impervious calculation for the site.
(4) The seating shall consist of good quality patio or café type furniture that enhances the appearance of the business.
(5) No beverages or food shall be served to persons outside of the designated outdoor seating area.
(6) The seating area shall have a permanent surface of concrete, asphalt, wood or other fabricated construction material.
(7) The seating shall be located so as not to compromise safety. Seating shall not obstruct the entrance or any required exits or be located on landscaping or parking areas. If seating is located on private sidewalks or walkways, it shall be located so as to leave a minimum of a 4 foot wide passageway for pedestrians and must meet applicable building and fire codes.
(8) No additional parking is required for 16 outdoor seats or less. Any additional seating over 16 seats shall require 1 parking space per each 3 additional seats over 16 seats.
(9) The outdoor seating area shall be accessory to the principal use and shall not exceed 30% of the square footage of the principal use building space.
(10) Exterior sound producing equipment shall not be allowed.
(11) Lighting shall be permitted to the extent that it only illuminates the designated area. Lighting shall be directed perpendicular to the ground or directly on a building so that no direct rays are visible from off the property.
(12) The business owner or designated person shall regularly inspect the premises, all adjacent streets, sidewalks, alleys, parking areas and sidewalks within 75 feet and remove all litter. Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc. must be provided in close proximity to the outdoor seating area.
(13) Additional conditions may be imposed by the city and listed on the approved conditional use permit including but not limited to hours of outdoor seating area use, elevation of outdoor seating platform, and additional screening or buffering to residential zoned or used areas.
(M) For establishments with liquor licenses the following regulations apply in addition to those listed above:
(1) The seating shall be located in a compact and contiguous location to the principal structure. No alcoholic beverages shall be served or consumed in an outdoor seating area unless the liquor license approved by the city specifies the compact and contiguous location.
(2) The outdoor seating area shall be defined with the use of landscaping and permanent attractive fencing with at least 50% capacity that contains the tables and chairs for the use as demonstrated on a site plan. It shall also prevent the passage of any person or substance from the area.
(3) No alcoholic beverages shall be served to persons outside of the designated outdoor seating area or those not seated at tables. Signage shall be posted that prohibits consumption of alcohol outside of the designated outdoor seating area as approved by the conditional use permit.
(4) Bars are prohibited in outdoor seating areas (with exception of a service bar for the exclusive use of the establishment's employees).
(5) Patrons shall only access the outdoor seating area through the main building entrance.
(6) No other ingress or egress to the outdoor area shall be allowed other than required emergency exits.
(N) Public and private colleges/universities and technical schools licensed by the State of Minnesota. Subject to the following:
(1) Shall be located adjacent to an arterial or collector street as identified in the comprehensive plan, or otherwise located so that access can be provided without conducting significant traffic on local residential streets.
(2) Shall have all buildings set back 50 feet from all property lines.
(3) Shall meet off-street parking requirements of the City Code.
(4) Shall have drop-off and pick-up areas located outside of the public right-of-way, and designed to enhance vehicular and pedestrian safety.
(5) Shall have recreational areas designed for group sports activities set back 25 feet from residential property, with adequate screening to protect neighboring properties from noise and adverse visual impacts.
(6) Shall comply with applicable City Code design and performance standards.
(7) Shall not have any lighted playing fields unless the visual impact on residential areas can be substantially mitigated.
(O) Recreational commercial facility, including miniature golf facilities. Subject to the following:
(1) The site shall contain at least 4 acres.
(2) All access must be from a collector, minor arterial, or a frontage road.
(3) At least 15% of the site shall be landscaped.
(4) Outdoor lighting shall be on decorative poles and shall be not higher than 30 feet. All rays shall be directed perpendicular to the ground.
(5) Decorative fencing shall be utilized to contain the area and said fencing shall not be higher than 5 feet.
(P) Transit station or park-and-ride. Subject to the following:
(1) The proposed development does not have any detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood and is not detrimental or injurious to the neighborhood.
(2) The proposed development promotes a desirable relationship of structures to 1 another open spaces and topography both on the site and in surrounding neighborhoods. The height, area, setbacks and overall mass as well as parts of any structure buildings walls, signs, lighting and landscaping are appropriate to the development the neighborhood and the community.
(3) The proposed development considers and fully addresses traffic impacts, ingress, egress, internal traffic circulation, off-street parking facilities, loading and service areas. Pedestrian ways are so designated as to promote safety and convenience.
(4) All other requirements for a conditional use permit are met.
(Q) Veterinarian clinic or animal hospital. Subject to the following:
(1) The use shall be located in a separate building unless a complete party wall is utilized with a totally separate heating, ventilation, and air conditioning system and where abutting uses are not a restaurant or food use.
(2) Outdoor lighting shall be on decorative poles and shall be not higher than 30 feet. All rays shall be directed perpendicular to the ground.
(3) Applicable conditions listed under "Kennels" of this section be met.
(Ord. 2013-05, passed 5-20-2013; Am. Ord. 2020-07, passed 12-7-2020; Am. Ord. 2023-01, passed 2-13-2023)