11-72-11: USES BY ADMINISTRATIVE PERMIT:
In addition to other uses specifically identified elsewhere in this title, and subject to applicable provisions of this section, performance standards established by this chapter, and processing requirements of chapter 8 of this title, the following are uses allowed in a C-2 district by administrative permit:
   A.   Connection of principal buildings across a property line for interior pedestrian or vehicle use, provided that:
      1.   The exterior materials for the structure connecting the principal buildings shall be consistent with the materials used for the principal buildings and shall comply with Section 11-17-9D of this title.
      2.   Setbacks:
         a.   Except for the structure connecting the principal buildings, each principal building shall comply with the setback requirements within each lot.
         b.   The structure connecting the principal buildings shall not encroach upon a required front yard or the required side yard of a corner lot.
      3.   The property owner(s) shall execute an agreement in a form approved by the City Attorney to be recorded with each lot for the structure connecting the principal buildings that includes, but is not limited to, provisions that address:
         a.   Responsibilities for maintenance and repair to the structure connecting the principal buildings.
         b.   Provision of utilities including temperature control, water, and/or electricity.
            (1)   Water service to the structure connecting the principal buildings shall be extended from the City water meter of one (1) of the connected principal buildings.
         c.   Removal of the structure connecting the principal buildings and termination of the agreement.
   B.   Essential services, except 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.
   C.   Multiple principal buildings on one lot of record, provided that:
      1.   Lot Requirements: The lot shall conform to the minimum lot area and lot width requirements of section 11-72-13 of this chapter.
      2.   Setbacks: Setbacks between multiple principal buildings within the same base lot shall be a minimum of twenty feet (20').
      3.   Common Areas: All common areas including, but not limited to, open space, wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks, etc., shall be maintained in one of the following ways:
         a.   All of the property including buildings and common areas shall be owned by a single entity.
         b.   Common interest community ownership pursuant to Minnesota Statutes 515B.
         c.   The property shall be divided into a base lot and unit lots to allow for individual ownership of the principal buildings or individual tenant spaces within the principal building, with each owner of a unit lot having an equal and undivided interest in the common area, subject to the following requirements:
            (1)   The tenant space related to each unit lot shall have an exclusive exterior entrance.
            (2)   A management association shall be established for all commercial developments with multiple principal buildings subdivided in a base lot/unit lot configuration that is to be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of driveways and parking areas, subject to review and approval of the city
         a.   Underground Or Exterior Service: All utilities including telephone, electricity, gas, and telecable shall be installed underground. Exterior utility meters and fixtures shall be located in interior side or rear yards when possible and shall be screened from view of adjacent properties and the public right of way.
         b.   Public Utility Service: Separate public utility services shall be provided to each unit unless exempted by the city engineer.
            (1)   Water connection: A shutoff valve for each individual unit shall be provided.
            (2)    Sewer connection: Where more than one unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the maintenance association or owners.
   D.   Open or outdoor sales, rental or display as an accessory use in association with an allowed principal use provided that:
      1.   The area so occupied shall not exceed ten percent (10%) of the principal building.
      2.   No storage or display of merchandise shall be permitted in required rear, side or front yards and shall be limited to the area of the customer entrances.
      3.   The outdoor sales, rental or display area shall be included in the calculations for parking spaces required for the use and shall not occupy space required for parking as stipulated by chapter 19 of this title, except as may be exempted for cause by the zoning administrator. (Ord. 867, sec. 109, 5-17-2010)
      4.   Propane sales (not refilling) limited to twenty (20) pound capacity tanks provided that:
         a.   The propane tanks are secured in a locker and meet all state uniform building and fire codes.
         b.   The storage locker shall be located upon a concrete or asphalt surface adjacent to the principal building.
         c.   The storage locker shall not encroach into any required principal building setback, required parking stall, drive aisle or pedestrian sidewalk or otherwise impede vehicle and pedestrian circulation.
   E.   Personal wireless service antennas located upon an existing structure or tower or temporary mobile tower as regulated by chapter 30 of this title.
   F.   Temporary outdoor sales, not including mobile food units, provided that:
      1.   The sales are directed towards the general public and includes grand openings, warehouse sales, sidewalk sales, inventory reduction or liquidation sales, distressed merchandise sales, and seasonal merchandise sales such as cut evergreen trees, boughs, wreaths and other natural holiday decorations and related products, sales of produce, other licensed transient sales, and displays of materials that are typically not sold or serviced on the site.
      2.   The maximum total time for temporary outdoor sales shall be the period specified in the administrative permit and, in no case, shall exceed ninety (90) days per calendar year per property.
      3.   Temporary outdoor sales may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access with a minimum setback of ten feet (10') required from property lines.
      4.   Hours of operation for the temporary outdoor sales shall be limited to 7:00 A.M. to 10:00 P.M. each day.
      5.   Tents, stands, and other similar temporary structures may be utilized, provided they are clearly identified on a site plan.
      6.   A site plan shall be submitted that demonstrates that adequate off-street parking as required by chapter 19 of this title will be provided for the duration of the temporary outdoor stales and it is determined by the zoning administrator that the activity will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site.
      7.   Signage related to the temporary outdoor sales shall comply with chapter 23 of this title and shall be allowed only for the duration of the event.
      8.   The approved permit shall be displayed on the premises for the duration of the temporary outdoor stales.
   G.   Temporary structures as regulated by chapter 28 of this title.
   H.   WECS that comply with the height limit of this district, as regulated by chapter 29 of this title.
   I.   Daycare facilities as an accessory use provided that the use complies with the provisions of chapter 31 of this title.
   J.   Unattended outdoor receptacles for accepting donations to an organization as a secondary use:
      1.   There shall not be more than one outdoor donation receptacle per property.
      2.   The location of the donation receptacle shall be clearly indicated on the site plan and reviewed at the time of application for an administrative permit.
      3.   The donation receptacle shall be located upon a concrete or asphalt surface directly abutting the principal building and shall not impede vehicle and pedestrian circulation within the site or encroach into any:
         a.   Public right of way.
         b.   Required principal building setback.
         c.   Required parking stall or drive aisle.
         d.   Private pedestrian sidewalk reducing its width to less than three feet (3').
      4.   The footprint of the donation receptacle shall not exceed twenty four (24) square feet.
      5.   The height of the donation receptacle shall not exceed seven feet (7') in height.
      6.   Any signage shall be affixed to the side(s) of donation receptacle and shall not exceed fifty percent (50%) of the area per side of the donation receptacle; contact information for the owner shall also be displayed on at least one side of the donation receptacle.
      7.   The donation receptacle must be maintained so as to be secure, not have graffiti and otherwise free from damage and in good repair so as not to cause a public nuisance.
      8.   Items shall not be left outside of the donation receptacle and the property owner shall be responsible to provide for daily inspection to ensure compliance.
      9.   Noncompliance with the requirements of this subsection H or any stipulations of approval may result in revocation of the administrative permit and require immediate removal of the donation receptacle. (Ord. 867, sec. 109, 5-17-2010; amd. Ord. 888, 2-21-2012; Ord. 897, 12-3-2012; Ord. 913, 11-4-2013; Ord. 1052, sec. 35, 9-7-2021; Ord. 1078, 6-5-2023; Ord. 1080, 6-5-2023)