A. District Application: Motor vehicle fuel sales shall be allowed in a M-1, C-1, C-2, and C-3 district as a conditional use. The standards and requirements for motor fuel sales shall be in addition to those which are imposed for other uses and activities occurring on the property.
B. Motor Fuel Facilities: Motor fuel facilities shall be installed in accordance with state and city standards. Additionally, adequate space shall be provided to access to and maneuverability around the fuel pumps and electric vehicle charging stations. 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.
C. Area: A minimum lot area of one and one-fourth (11/4) acres and minimum lot frontage of one hundred fifty feet (150'). If the canopy is attached to the principal structure, the minimum lot size may be reduced to one 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.
D. Hours: Hours of operation shall be limited within the respective zoning district as follows, unless extended by the city council as part of the conditional use permit:
1. M-1 district: No limit except as may be required by the city council.
2. C-1 district: Five o'clock (5:00) A.M. to eleven o'clock (11:00) P.M.
3. C-2 district: No limit except as may be required by the city council.
4. C-3 district: No limit except as may be required by the city council.
E. Architectural Standards:
1. As a part of the conditional use permit application, a color illustration of all building elevations must be submitted.
2. 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.
3. All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to section 11-17-9 of this title.
4. Exterior wall treatments like brick, stone (natural or artificial), decorative concrete block and stucco shall be used.
5. Earth tone colors of exterior materials including the canopy columns shall be required. "Earth tone colors" shall be defined as any various soft colors like those found in nature in soil, vegetation, etc. Such colors are limited to brown, black, grey, tan, beige, soft green, soft blue, or white.
6. Use of contrasting colors not defined as earth tones:
a. Ten percent (10%) of the principal building facade may contain contrasting colors.
b. The canopy elevation(s) may have contrasting colors as follows:
(1) The contrasting colors shall be located only on an elevation not facing a residential district and shall not be used on the canopy supports or other elements of the structure.
(2) The area of the contrasting colors and wall sign(s) shall not exceed seventy-five (75%) of the area of an individual canopy elevation where it is allowed.
(3) Use of lighting on the canopy elevation shall be limited to LED sources that is to be shielded and complies with the provisions of Section 11-23-15.F of this title.
(4) The use of contrasting colors upon the canopy elevations shall be in lieu of a walls sign(s) mounted upon the principal building.
F. 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:
1. The edge of the canopy shall be twenty feet (20') or more from the front and/or side lot line, provided that adequate visibility both on site and off site is maintained.
2. The canopy shall not exceed eighteen feet (18') in height and must provide fourteen feet (14') of clearance to accommodate a semitrailer truck passing underneath.
3. The canopy fascia shall not exceed three feet (3') in vertical height.
4. Canopy lighting shall consist of canister spotlights recessed into the canopy with no portion of the light source or fixture extending below the bottom face of the canopy. Total canopy illumination may not exceed the limits established by subsection 11-16-17.A of this title. The fascia of the canopy shall not be illuminated except as allowed by Section 11-37-3.E.6 of this title.
5. The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site.
6. Signage may be allowed on a detached canopy in lieu of wall signage on the principal structure, provided that:
a. The individual canopy sign does not exceed more than twenty percent (20%) of the canopy facade facing a public right-of-way.
b. The canopy fascia shall not be illuminated, except for permitted canopy signage.
7. Canopy posts/signposts shall not obstruct traffic or the safe operation of the gas pumps.
G. Fuel Pumps And Electric Vehicle Charging Stations:
1. Fuel pumps:
a. Fuel pump shall be on islands elevated six inches (6") above the traveled surface of the site.
b. All pump islands must be set at least thirty feet (30') back from any property line.
c. The setback between the pump islands curb face must be at least twenty four feet (24').
2. Electric vehicle charging stations:
a. Battery charging station outlets and connector devices shall be mounted to comply with applicable building codes and relevant Americans with Disabilities Act requirements.
b. Electric vehicle supply equipment shall be located adjacent to designated parking stalls without encroaching into the required dimensions of the parking stall.
c. Electric vehicle supply equipment shall not impede pedestrian travel or create trip hazards on sidewalks.
d. Battery charging stations shall be elevated six inches (6") above the traveled surface of the site.
e. Battery charging station setbacks:
(1) From rights-of-way: 30 feet
(2) Side or rear lot lines: 10 feet
H. 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:
1. A minimum of four hundred (400) cubic feet of permanent pool storage capacity per acre of drainage area.
2. A minimum pool depth of four feet (4').
3. A minimum oil containment capacity of eight hundred (800) gallons.
4. Minimum maintenance/inspection of two (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.
I. Landscaping:
1. At least twenty five percent (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.
2. At the boundaries of the lot, the following landscape area shall be required:
a. From side and rear property lines, an area of not less than five feet (5') wide shall be landscaped in compliance with section 11-21-9 of this title.
b. From all road rights-of-way, an area of not less than fifteen feet (15') wide shall be landscaped in compliance with section 11-21-9 of this title.
c. Where lots abut residentially zoned property, a buffer yard of not less than twenty feet (20') wide shall be landscaped and screened in compliance with section 11-21-9 of this title.
d. The property owner shall be responsible for maintenance of all landscaping, including within the boulevard.
J. 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 section 11-16-17 of this title.
K. Circulation And Loading: The site design must accommodate adequate turning radius and vertical clearance for a semitrailer truck. Designated loading areas must be exclusive of off street parking stalls and drive aisles. A site plan must be provided to illustrate adequate turning radius, using appropriate engineering templates.
L. Parking:
1. Parking spaces shall be calculated solely based upon the use and the square footage of the principal building.
2. Parking spaces shall be screened from abutting residential properties in compliance with chapter 21 of this title.
M. Pedestrian Traffic:
1. 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 five feet (5') wide and clear of any obstacle or impediment. The pedestrian sidewalk may be reduced to a minimum of three feet (3') 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.
2. A continuous and permanent concrete curb not less than six inches (6") above grade or bollards a minimum of three feet (3') in height shall separate internal sidewalks for pedestrian traffic from motor vehicle areas, pursuant to the provisions of subsection 11-19-7I of this title.
N. Noise: Public address system shall not be audible at any property line. Play of music or advertisement from the public address system is prohibited. Noise control shall be required as regulated in section 11-16-25 of this title.
O. Outside Sales And Service: Outside sales and service shall be allowed on a limited basis, provided that:
1. Site Plan:
a. 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.
b. Nonconformance: Outdoor sales and services that do not conform to the specific performance standards of this subsection O shall be defined as nonconforming uses regulated by chapter 15 of this title.
c. Conditional Use Permit: Outdoor sales and services may be further restricted or prohibited as a term in a conditional use permit.
2. Location: Except as regulated by subsection O4a of this section, 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 subsection M of this section, or otherwise impede vehicle and pedestrian circulation.
3. Outdoor Sales:
a. Area: The area devoted to outdoor sales shall not exceed five percent (5%) of the gross floor area of the principal building or two hundred (200) square feet, whichever is less.
b. 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 five feet (5') in height.
c. Required Parking: The outdoor sales area shall be included in the calculations for parking spaces required for the use by chapter 19 of this title.
4. Uses: Outdoor services shall be limited to the following uses:
a. Public phones, compressed air service 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.
b. Propane sales limited to twenty (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.
c. Freezers for ice products may only be located at the front of the building subject to the area and location requirements of subsections O2 and O3 of this section, 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.
P. 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.
Q. Signs: A Comprehensive Sign Plan must be submitted as part of a conditional use permit application. All signing and informational or visual communication devices shall be minimized and shall be in compliance with chapter 23 of this title.
R. Additional Stipulations: All conditions pertaining to a specific site are subject to change when the 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. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. 743, secs. 1, 2, 9-2-2003; Ord. 867, sec. 90, 5-17-2010; Ord. 996, 5-7-2018; Ord. 1015, 8-5-2019; Ord. 1031, 6-1-2020; Ord. 1049, Secs. 2, 3, 8-2-2021)