The following are approval criteria established for provisional and conditional uses identified within this chapter. These criteria shall be met in order to be approved within their respective district.
The criteria listed below are applicable where uses are identified in a particular district as "provisional use" or "conditional use". The provisions also shall be applicable in guiding conditional use permit applications as defined in chapter 4 of this title.
A. Bed and breakfast:
1. The facility shall have a license for lodging and food and comply with building and fire codes.
2. The facility shall be owner occupied.
3. The principal structure shall have a minimum size of one thousand five hundred (1,500) gross square feet and shall be located on a lot which meets the minimum lot size of the district in which it is located.
4. All bed and breakfast units shall be established within the principal structure.
5. Not more than the equivalent of one full time person who is not a resident of the structure shall be employed by the bed and breakfast facility.
6. Dining and other facilities shall not be open to the public but shall be used exclusively by the registered guests and residents.
7. No liquor may be sold on the premises.
8. Two (2) off street parking spaces shall be provided for the home plus one space for each bed and breakfast unit. Parking areas shall be screened and landscaped pursuant to section 10-19-17 of this title. Shared parking may be utilized in the mixed use districts.
9. Adequate lighting shall be provided between the principal structure and the parking area for safety purposes. Any additional external lighting is prohibited.
10. All uses shall comply with state and city laws governing bed and breakfast establishments.
11. Stays shall be limited to four (4) consecutive weeks.
B. Campus organizations:
1. Location: In the RLD-3 and RMD-1 districts, campus organizations shall be allowed only on properties that are directly across a public street from the campus of Minnesota State University - Moorhead.
2. Approval: Approval of the building official is required to ensure that the fire protection, ventilation, plumbing and electrical systems, the structure and square footage of the interior spaces are adequate for the proposed number of residents.
3. Landscaping: Appropriate landscaping shall be installed and maintained, according to a plan approved by the zoning administrator, to buffer the parking lot and outdoor activity areas of campus organizations from adjoining residential uses.
4. Usable Open Space: "Usable open space" (as defined in section 10-2-2 of this title) must be equal to a minimum of twenty percent (20%) of the gross lot area.
5. Occupancy Limit: The maximum number of unrelated adults living in a campus organization at any time shall be determined by the most restrictive of the following:
a. The number of dwelling units allowed on the lot based on square footage per dwelling unit required by the zoning district, times four (4);
b. The number of persons allowed by the Minnesota state building code and title 9 of this code.
6. Maintaining Property: The property shall be maintained according to site and building plans approved by the zoning administrator. Any changes to either plan also must be approved by the zoning administrator. Mechanical equipment, refuse and recycling collection, loading and unloading shall be screened from public rights of way and adjacent residential development.
7. Ingress/Egress: Building ingress/egress shall be adequately lit with lighting that faces down and inward toward the building to limit light pollution.
8. Setback: Setback and site development regulations for multi- family residential uses shall apply to new construction of campus organization facilities located within residential districts, except for special conditions as stated in this section or in the conditional use permit.
9. Parking: A parking plan shall be submitted as part of the application for conditional use permit that either: a) meets the parking requirement in section 10-20-9 of this title; or b) addresses the parking needs of residents and guests in a manner deemed satisfactory by the planning commission. The parking plan shall not rely on street spaces to accommodate vehicles of the residents. Any change to an approved parking plan requires approval by the zoning administrator and, if deemed necessary, an amendment to the conditional use permit.
10. Registration: Campus organizations must be registered with and inspected by the city's rental registration program (title 9, chapter 7 of this code) whether the property is owner occupied or rented and must comply with its rules. Violation of the rules of section 9-7-12, "Conduct On Registered Premises", of this code that would cause revocation of a rental registration permit also shall cause the conditional use permit to be revoked automatically.
C. Barber/hair salon/massage/nail salon/spa/tattoo/body piercing:
1. All uses shall comply with building, fire safety, health codes and business licensing requirements. All applicable state and city laws governing such use shall strictly be adhered to and all required operating permits and licenses shall be secured.
D. Home care and assisted living facilities:
1. Examples: Home care and assisted living facilities include, but are not limited to: childcare, adult daycare, nursing facilities, assisted living facilities and other service based establishments licensed by the state of Minnesota department of health and/or department of human services.
2. Requirements: All uses shall comply with building, fire safety, health code, and business licensing requirements. All applicable state and city laws governing such use are strictly adhered to and all required operating permits are secured.
3. Single-Family Use: As stated in Minnesota statutes 245A.11, residential programs with a licensed capacity of six (6) or fewer persons shall be considered a permitted single-family residential use of property for the purposes of zoning and other land use regulations, except that a residential program whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. This exception shall not apply to residential programs licensed before July 1, 1995. Programs otherwise allowed under this subsection shall not be prohibited by operation of restrictive covenants or similar restrictions, regardless of when entered into, which cannot be met because of the nature of the licensed program, including provisions which require the home's occupants be related, and that the home must be occupied by the owner, or similar provisions.
4. Multi-Family Use: As stated in Minnesota statutes 245A.11, a licensed residential program with a licensed capacity of seven (7) to sixteen (16) persons shall be considered a permitted multi-family residential use of property for the purposes of zoning and other land use regulations.
5. Special Conditions: Special conditions noted in Minnesota statutes 245A.11 and/or the license for the facility which are not outlined above shall be adhered to.
E. Reserved.
F. Reserved.
G. Reserved.
H. Home occupations:
1. No home occupation shall produce light glare, noise, fumes, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property.
2. No equipment shall be used in the home occupation, which will create electrical interference to surrounding properties. No equipment shall be used which creates visual or audible interferences in any radio or television receivers off the premises or causes fluctuations in the voltage off the premises.
3. Any home occupation shall be clearly incidental and secondary to the residential use of the premises. Not more than twenty five percent (25%) of the main floor of the dwelling unit shall be permanently set aside to be used in the conduct of the home occupation. It should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.
4. No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations.
5. There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site and materials which occupy less than three hundred (300) square feet and produce no light glare, noise, fumes, odor or vibration and which are completely screened from adjoining property and public right of way are permitted.
6. The home occupation shall meet all applicable fire and building codes.
7. There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling with the exception of directional and identification/business signs to the extent authorized by the provisions of chapter 22 of this title relating to signs.
8. No home occupation shall be conducted between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. unless said occupation is contained entirely within the principal building and will not require any on street parking facilities.
9. Home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway.
10. Not more than one person other than those who customarily reside on the premises shall be employed.
11. All permitted home occupations must be conducted entirely within a building unless otherwise noted in this section.
12. The home occupation shall not involve any of the following: small engine, auto repair or reconditioning, manufacturing, or hemp or cannabis-related businesses.
13. Garage sales, yard sales and/or onetime seasonal sales shall be conducted no more than four (4) days total in any one hundred eighty (180) day period.
I. Parking facilities in residential districts:
1. The lot must be surfaced with asphalt or concrete and may be used only for the parking of passenger automobiles of employees, customers, or guests of the person or firm controlling and operating the lot. It shall be the responsibility of the owner to maintain the parking space, driveways, striping, and required screening of the off street parking facility.
2. The lot shall not be used for outdoor storage, sales, repair work, or servicing of any kind.
3. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement, and shall be subject to the approval of the City Engineer.
4. No advertising sign or material is to be located on the lot. Any additional signing and informational or visual communication devices shall be in compliance with chapter 22 of this title.
5. Setback for parking lots:
a. Not less than twenty five feet (25') from the street property line when directly across the street from a residential use. This may be reduced to twelve feet (12') when a greenbelt planting strip is provided consisting of evergreen trees and/or deciduous trees and plants of sufficient width and density to provide an effective visual screen. This planting strip shall be designed to provide substantial visual screening to a height of four feet (4'). Earth mounding or berms may be used but shall not be used to achieve more than three feet (3') of the required screen. The planting plan and type of plantings shall require the approval of the Zoning Administrator.
b. Not less than twelve feet (12') when abutting the side or rear yard of a residential use. This may be reduced to three feet (3') when a greenbelt planting strip, as described in subsection I5a of this section, is provided to a height of six feet (6') or a screening fence is provided. The fence shall be constructed of masonry, brick, wood or metal. Such fence shall provide a solid screening effect six feet (6') in height. The design and materials used in construction of the fence shall be subject to the approval of the Zoning Administrator.
c. Not less than four feet (4') from the street property line when directly across the street from any nonresidential use. The four foot (4') strip must be landscaped.
d. Landscaping and buffer yards shall be consistent with chapter 19 of this title.
6. The entire area shall have a drainage system that is subject to the approval of the City Engineer.
7. All lighting shall be hooded and so directed so as not to be in violation of the provisions of section 10-19-19 of this title.
8. Variations to the above noted criteria may be considered if it is determined to be beneficial to the overall design and neighboring area. (Ord. 2018-06, 3-26-2018)
J. Reserved. (Ord. 2012-2, 2-27-2012)
K. Reserved. (Ord. 2016-21, 12-12-2016)
L. Religious institutions, group assembly, membership organizations, schools and/or educational facilities:
1. Location Criteria:
a. Uses such as religious institutions and middle or high school facilities that demand a significant volume of traffic and parking shall be located on the edge of residential neighborhoods with direct access to arterial and collector streets.
b. Uses such as elementary schools may be located more internal to the neighborhood with access to collector or arterial streets acceptable via a residential collector street.
2. Trails And Sidewalks: Sites shall be connected to adjacent neighborhoods via trails and sidewalks.
3. Light And Noise Pollution: Where surface parking lots abut adjacent residential development, significant landscaping shall be used to buffer light and noise pollution, consistent with the provisions of chapter 19 of this title.
4. Mechanical Equipment: Mechanical equipment, refuse and recycling collection, loading and unloading shall be screened from public rights of way and adjacent residential development.
5. Building Ingress/Egress: Building ingress/egress shall be adequately lit with lighting that faces down and inward toward the building to limit light pollution.
6. Cemeteries shall be adequately screened from adjacent uses and public right-of-way by utilizing a combination of screening and buffering methods to provide an effective visual screen, where needed, as determined by the Zoning Administrator.
M. Parking facilities in mixed use districts:
1. Parking structures should incorporate street level active uses such as retail or service commercial or offices for at least fifty percent (50%) of the street level frontage of the structure. In those areas where active uses do not occur, decorative window treatments or other architectural enhancement shall be used to soften the appearance of a parking structure.
2. Surface parking lots shall be landscaped including landscaping on the exterior of the lot and landscaped islands on the interior of the lot. Surface parking lots in the MU-2 district shall also meet the requirements of subsection I of this section.
N. Reserved.
O. Housing shelters/temporary housing:
1. All applicable state and city laws governing such uses are strictly adhered to and all required operating permits are secured.
2. Uses shall meet the landscaping and buffering requirements for commercial uses under section 10-19-17 of this title.
3. Parking shall be provided according to the following:
a. One parking space for every two (2) bedroom areas;
b. One parking space for every two (2) beds in a dormitory setting;
c. One parking space for each staff member on the maximum shift.
P. Agricultural related commercial uses:
1. Building footprints shall amount to a minimum of one thousand (1,000) square feet or five percent (5%) of the site, whichever is greater, and the buildings shall be oriented to front on adjacent arterial or collector streets. Where parcels have double frontage such as along an interstate corridor, the building shall have a similar architectural character on both frontages.
Q. Animal sales and services:
1. In the community commercial district, any outside area used for pens and exercise yards shall be located at least three hundred feet (300') from any existing residential district and shall be screened from view.
2. In the mixed use and neighborhood commercial districts, all animal related uses and services (including kennels or storage) shall be conducted within an enclosed soundproof structure or building designed to minimize noise pollution. Any outside area used for pens and exercise yards shall be located at least six hundred feet (600') from any existing residential district and shall be screened from view.
R. Auto related uses, RV and boat sales or rental, and nonauto equipment repair:
1. Buildings: Buildings shall occupy a minimum of one thousand (1,000) square feet or five percent (5%) of the site, whichever is greater, and shall be oriented toward arterial or collector streets.
2. Buffering And Landscaping: Shall be provided when adjacent to a residentially zoned district consistent with chapter 19 of this title.
3. Access: Auto related uses shall have access to arterial or collector streets without passing by property zoned for residential or mixed use. In the LI light industrial district, auto sales businesses shall locate only on properties adjoining or within three hundred feet (300') of arterial or collector streets.
4. Vehicles Not Owned By Dealer: Vehicles that are not owned by an auto dealer or owner of the business shall not be stored on the site for more than thirty (30) days. Vehicles shall not be displayed "for sale" or sold within nonresidential districts unless as part of an approved licensed sales dealership in accordance with the city's business and licensing regulations. Short term display (12 hours or less in any 24 hour period) is allowed if the vehicle is owned by an employee or customer (while working or receiving goods/service on the site) of a business where the vehicle is parked and a maximum of two (2) signs measuring not more than two (2) square feet per sign are displayed per vehicle.
5. Service Stations: Property containing service stations with gas and/or auto repair shall be a minimum distance of one hundred feet (100') from any residential district boundary.
6. Equipment: Equipment is completely enclosed in a permanent structure with no outside storage.
7. Display Standards: The display of vehicles "for sale" (including RV and boat sales or rental) must meet the following conditions:
a. All motor vehicles must be displayed on a concrete or asphalt surface.
b. Any tax parcel utilized for motor vehicle sales must provide an on premises permanent structure as a sales office, clearly displaying the name of the license holder, phone number, and hours of operation.
c. Any motor vehicle display must occur on private property and may not encroach into the public right of way.
d. Any motor vehicle displayed for sale must be licensed and operable.
S. Surface parking lots (as principal use):
1. Surface parking lots may be used as a principal use of a parcel as long as its use is necessary to provide parking for an adjacent use that otherwise would be unable to accommodate adequate parking needs. Such lots should be shared between the private and public parking needs and shall not be used as a private business enterprise in the mixed use or commercial districts.
2. The lot must be surfaced with asphalt or concrete. It shall be the responsibility of the owner to maintain the parking space, driveways, striping, and required screening of the off street parking facility.
3. The lot shall not be used for outdoor storage, sales, repair work, or servicing of any kind.
4. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement, and shall be subject to the approval of the city engineer.
5. Setback for parking lots:
a. Not less than twenty five feet (25') from the street property line when directly across the street from a residential use. This may be reduced to twelve feet (12') when a greenbelt planting strip is provided consisting of evergreen trees and/or deciduous trees and plants of sufficient width and density to provide an effective visual screen. This planting strip shall be designed to provide substantial visual screening to a height of four feet (4'). Earth mounding or berms may be used but shall not be used to achieve more than three feet (3') of the required screen. The planting plan and type of plantings shall require the approval of the city.
b. Not less than twelve feet (12') when abutting the side or rear yard of a residential use. This may be reduced to three feet (3') when a greenbelt planting strip, as described in subsection S5a of this section, is provided to a height of six feet (6') or a screening fence is provided. The fence shall be constructed of masonry, brick, wood or metal. Such fence shall provide a solid screening effect six feet (6') in height. The design and materials used in construction of the fence shall be subject to the approval of the city.
c. Not less than four feet (4') from the street property line when directly across the street from any nonresidential use. The four foot (4') strip must be landscaped.
d. Landscaping and buffer yards shall be consistent with chapter 19 of this title.
6. The entire area shall have a drainage system that is subject to the approval of the city engineer.
7. All lighting shall be hooded and so directed so as not to be in violation of the provisions of section 10-19-19 of this title.
T. Amusement park, drive-in theater, amphitheater, shooting range:
1. All laws pertaining to noise impacts shall be adhered to.
2. Indoor shooting ranges shall be within a soundproofed building and shall have hours limited to normal daytime business hours.
U. Bars, taverns, nightclubs:
1. Where feasible, shared parking or use of public parking facilities shall be utilized.
2. Said uses in the neighborhood commercial district shall be limited to no more than two thousand (2,000) square feet of serving area.
3. Any of said uses located within four hundred feet (400') of a residential district shall be completely enclosed whenever amplified sound is used, except as allowed by city permit or in section 4-4-2, "Noise Control Regulations", of this code. "Completely enclosed" means that windows and doors are not open and where necessary, the entrance to the establishment shall include a double set of doors separated by an entryway to prevent sound from escaping to the outside as patrons enter.
4. Said uses shall not be established immediately adjacent to (directly above, below or beside) any residential use without first receiving a conditional use permit.
a. Exception: Uses which have a patron service area of two thousand (2,000) square feet or less are permitted and do not require a conditional use permit if they are established immediately adjacent to a residential use.
5. Said uses shall locate and operate in conformance with the city's business and license regulations and noise control regulations.
V. Contractor, industrial office, off site service/repair, yards (roofers, landscapers, builders, etc.):
1. All equipment and materials shall be enclosed in a permanent structure or completely screened from adjoining properties and public right of way.
2. Contractor's work vehicles, when on site and not in use, shall be parked behind the principal building and not within required building setbacks.
3. Contractor's work vehicles and delivery vehicles shall be directed to the nearest collector or arterial street and shall not be routed through residential streets.
4. Fabrication or similar work is not conducted at the site.
W. Lumberyards:
1. All lumber materials shall be stored in an enclosed structure or in an area that is screened from adjoining property and public right of way.
X. Woodshops/cabinetry/carpentry products (with limited manufacturing):
1. All cabinet and carpentry materials shall be stored in an enclosed structure or in an area that is screened from adjoining property and public right of way.
Y. Car impound lots:
1. The entire site other than that occupied by the building, structure and planting areas shall be surfaced with a material to control dust and drainage, subject to the approval of the city engineer.
2. Impounded cars for the purpose of this title shall be considered "outdoor storage", and lighting, fencing, drainage, landscaping and other site development standards in chapter 19 of this title shall apply accordingly.
3. Impound lots shall be set back a minimum of two hundred feet (200') from a residential district. Required screening from residential use (section 10-19-18 of this title) shall be not less than six feet (6') in height at the time of installation. Building and impervious setbacks must be sized to accommodate the required screening.
4. Vehicular access points shall be subject to approval of the city engineer and create a minimum of conflict with through traffic movement.
5. Impound lots shall not operate as automobile wrecking yards, junkyards or salvage yards, as defined in section 10-2-2 of this title.
Z. Recording studios for audio, video and film:
1. All recording activity involving amplified sound shall be within a completely enclosed building with soundproofing of the building or area within the building used for such activities and sound shall not be audible outside the building or outside the area of the business premises.
AA. Textiles, spinning, weaving, dyeing, printing, knit goods, yarn, thread and cordage duty production:
1. Uses shall be in conjunction with a retail business serving the end consumer.
BB. Cold storage facilities and self-service storage facilities:
1. Storage shall be separated from street frontage by other principal building(s).
2. Storage shall be located so that truck traffic is not routed through a residential district.
3. Screening and buffering standards in section 10-19-18 of this title shall apply.
4. Lighting shall comply with the provisions of section 10-19-19 of this title.
CC. Oil filtering/mixing in the LI and HI districts:
1. Oil filtering/mixing and storage of hazardous materials shall be no closer than five hundred feet (500') from a residential use.
2. The business shall not cause an annoyance or nuisance to neighbors by reason of unsightliness or excessive emission of odors, fumes, smoke, vibration, dirt, dust, glare, wastes or noise.
3. Input materials shall be limited to used and new oils, gasoline, kerosene and catalyst only. No other materials shall be processed or stored on the site. Used restaurant oils shall be prefiltered, sanitized and deodorized prior to arriving at the filtering/mixing plant.
4. The industry shall include no combustion, drying or heating processes.
5. The filtering and mixing processes shall be closed, except during maintenance. All processing shall be conducted within a building.
6. All storage shall be containerized. Dikes and/or equal containment structures shall be sized to accommodate potential leaks. No on site storage of finished product is allowed.
7. The owner shall obtain and keep current all required permits, including, but not limited to, fire, building and MPCA permits.
DD. Warehousing, wholesale, distribution and light manufacturing uses:
1. Said use was located in structures which were constructed prior to January 1, 2005.
2. Such uses and their expansions are arranged, designed, and constructed to be a functional, harmonious and compatible component of the surrounding neighborhood.
3. All equipment is completely enclosed in a permanent structure with no outside storage permitted.
4. Adequate screening from abutting residential uses and landscaping is provided.
5. All lighting shall be hooded and so directed that the light source is not visible from the public right of way or from an abutting residential property and shall be in compliance with the provisions of section 10-19-19 of this title.
EE.
Micro-Dwelling Unit Sacred Community: As stated in Minnesota Statutes 327.30 added by Chapter 53, Article 11, Section 57, approved on May 24, 2023, a Micro-Dwelling Unit Sacred Community shall be considered a conditional use of property for the purposes of zoning and other land use regulations and must meet all regulations contained within 327.30.
FF. State Licensed Medical Cannabis Combination Businesses:
1. All uses shall comply with building, fire safety, health code, zoning and state licensing requirements.
2. The following uses licensed for a Medical Cannabis Combination Business are permitted in LI: Light Industrial and HI: Heavy Industrial zoning districts:
a. Grow cannabis plants from seed or immature plant to mature plant and harvest adult-use cannabis flower and medical cannabis flower from a mature plant;
b. Make cannabis concentrate;
c. Make hemp concentrate, including hemp concentrate with a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;
d. Manufacture adult-use cannabis products and hemp-derived consumer products for public consumption;
e. Package and label medical cannabis and medical cannabinoid products for sale;
f. Package and label adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, and hemp-derived consumer products for sale to customers.
3. The following uses licensed for a Medical Cannabis Combination Business are permitted in CC: Community Commercial, RC: Regional Commercial, MU-1: Downtown Mixed Use, MU-3: Commercial Mixed Use zoning districts:
a. Manufacture artificially derived cannabinoids;
b. Manufacture medical cannabinoid products;
c. Manufacture lower-potency hemp edibles;
d. Manufacture adult-use cannabis edibles.
4. The following uses licensed for a Medical Cannabis Combination Business are permitted in CC: Community Commercial, RC: Regional Commercial, NC: Neighborhood Commercial, MU-1: Downtown Mixed Use, MU-2: Corridor Mixed Use and MU-3: Commercial Mixed Use zoning districts:
a. Sell medical cannabis flower and medical cannabinoid products;
b. Sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and other products authorized by law. (Ord. 2012-2, 2-27-2012; amd. Ord. 2014-01, 1-27-2014; 2016-21, 12-12-2016; Ord. 2018-06, 3-26-2018; Ord. 2019-05, 5-28-2019; Ord. 2022-21, 11-14-2022; Ord. 2023-09, 11-27-2023; Ord. 2024-01, 3-25-2024; Ord. 2024-02, 2-26-2024; Ord. 2024-03, 7-22-2024)