In addition to other uses specifically identified elsewhere in this title, the following are conditional uses in a C-1 district and require a conditional use permit based upon procedures set forth in and regulated by chapter 4 of this title. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 11-4-3E and section 11-4-7 of this title.
A. Commercial car washes (automatic mechanical drive-through only) as accessory use associated with convenience store/motor fuel sales, provided:
1. The accessory car wash must be attached to the convenience store/motor fuel sales facility.
2. Magazine or stacking space is constructed to accommodate six (6) vehicles per wash stall and shall be subject to the approval of the city engineer.
3. Magazine or stacking space must not interfere with on site circulation patterns or required on site parking or loading areas.
4. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title.
5. Provisions are made to control and reduce noise and special precautions shall be taken to limit the effects of noise associated with the car wash operation, dryer and vacuum machines.
a. Where the car wash operation is within five hundred feet (500') of a residential district, the exterior vehicle doors of the car wash must remain closed during the entire operation cycle.
6. The location and operation of vacuum machines must not interfere with magazines or stacking areas, on site circulation or on site parking and loading areas, and may not be located in a yard abutting residentially zoned property.
7. Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and approval of the city engineer and building official, and subject to applicable requirements of metropolitan council environmental services and MPCA.
B. Community preschool, latchkey and adult education facilities provided that:
1. Licensing: The employees and facility are licensed by the state department of human services and comply with the minimum requirements of the department of welfare.
2. Ages: The ages of the children attending the preschool range from three (3) years to twelve (12) years.
3. Hours: The hours of operation coincide with those of the commercial retail stores in the area or complex.
4. Attendance: The attendance of children in the latchkey and preschool program is on a long term scheduled enrollment program instead of on a temporary, sporadic basis.
5. Lot Requirements And Setbacks: The proposed site for a community preschool, latchkey and adult education facility must have a minimum lot area as determined by the Minnesota department of welfare. The city council may increase the required lot area in those cases where such an increase is considered necessary to ensure compatibility of activities and maintain public health, safety and general welfare. The community preschool, latchkey and adult education facility must meet the minimum setback requirements of the respective zoning district.
6. Sewer And Water: All community preschool, latchkey and adult education facilities shall have access to municipal sewer and water or have adequate private sewer and water to protect the health and safety of all persons who occupy the facility.
7. Screening: Where the community preschool, latchkey and adult education facility is in or abuts any residential use or zoned property, the community preschool, latchkey and adult education facility shall provide screening along the shared boundary of the two (2) uses. All of the required fencing and screening shall comply with the fencing and screening requirements in sections 11-21-5 and 11-21-9 of this title.
8. Parking:
a. When a community preschool, latchkey and adult education facility is a use within a structure containing another principal use, each use shall be calculated separately for determining the total off street parking spaces required.
b. Parking and loading areas shall be separate from any outdoor play area.
9. Community Preschool, Latchkey And Adult Education Building/Space: The building plans for the construction or alteration of a structure that shall be used as a community preschool, latchkey and adult education facility shall be submitted to the city for review by the building official to ensure the structure is in compliance with the state fire and building codes. The facility shall meet the following conditions:
a. The architectural appearance and functional plan of the building and site shall comply with the requirements of section 11-17-9 of this title.
b. When the community preschool, latchkey and adult education facility is a use within a multi-tenant building, it shall be located in a portion of the building separated from the other uses located within the structure.
c. The community preschool, latchkey and adult education facility shall be adequately soundproofed to remove extraneous noise that would interfere with the community preschool, latchkey and adult education operation and would affect the health, safety and welfare of the community preschool, latchkey and adult education participants.
C. Essential services involving transmission pipelines and transmission or substation lines in excess of thirty three (33) kV and up to one hundred (100) kV, as regulated by chapter 26 of this title.
D. Governmental and public utility buildings and structures; other than city of Lakeville.
E. Motor vehicle fuel sales with or without convenience grocery and/or prepared food as regulated by chapter 37 of this title.
F. Personal wireless service antennas not located on an existing structure or tower, as regulated by chapter 30 of this title.
G. Religious institutions such as churches, chapels, temples, and synagogues including secondary social services.
H. Veterinary clinics provided that:
1. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties.
2. Animal carcasses are properly disposed of in a manner not utilizing on site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal.
3. An animal kennel is permitted as a use accessory to the veterinary clinic provided that:
a. The number of animals boarded shall not exceed twenty (20).
b. An indoor exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. No outdoor exercising of animals shall be permitted.
c. A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between sixty degrees (60°) and seventy five degrees Fahrenheit (75°F).
d. A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals.
e. Indoor animal kennel floors and walls shall be made of nonporous materials or sealed concrete to make it nonporous.
f. Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day.
g. The appropriate license is obtained from the city clerk and the conditions of section 5-1-12 of this code are met.
h. All state health department and Minnesota pollution control agency requirements for such facilities are met.
I. Nursing homes, residential care facilities, continuing care retirement communities and senior housing with services establishments licensed by the Minnesota department of health provided that:
1. Side and rear yards shall be screened in compliance with section 11-21-9 of this title.
2. Only the rear yard shall be used for recreational areas. Said area shall be fenced and controlled and screened in compliance with section 11-21-9 of this title.
3. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated by the use.
4. The use of exterior building materials shall be as required for buildings in the RH-1 district.
5. All state statutes and rules governing such uses are strictly adhered to and all required operating permits are secured. (Ord. 867, sec. 108, 5-17-2010; amd. Ord. 897, 12-3-2012; Ord. 913, 11-4-2013; Ord. 1031, 6-1-2020; Ord. 1078, 6-5-2023; Ord. 1080, 6-5-2023)