§ 160.183 CONDITIONAL USES.
   The following are conditional uses in a B-2 District (requiring a conditional use permit based upon procedures set forth in and regulated by §§ 160.450 through 160.452 of this chapter):
   (A)   Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community; provided that:
      (1)   Conformity with the surrounding neighborhood is maintained, and required setbacks and side yard requirements are met;
      (2)   Equipment is completely enclosed in a permanent structure with no outside storage;
      (3)   Adequate screening from neighboring uses and landscaping is provided in accordance with § 160.030(A) through (E) of this chapter; and
      (4)   The provisions of § 160.450(E) of this chapter are considered and satisfactorily met.
   (B)   Commercial planned unit development as required by §§ 160.315 through 160.319 of this chapter;
   (C)   Veterinary clinics, animal clinics and animal boarding facilities; provided that:
      (1)   Noise and odor are effectively confined to the premises in accordance with Ch. 91 of this code of ordinances;
      (2)   A mechanical ventilation or exhaust system shall be installed to control, capture and remove emissions or odors generated by the use. The systems shall be separate from other ventilation systems in the building. The system shall be designed to prevent the migration of emissions or odors to other parts of the building. Installation must comply with Minnesota Building Code Mechanical Systems, Ch. 1346;
      (3)   All animal boarding activities shall be conducted indoors, except for necessary outdoor exercise. At no time shall any animal be left unsupervised while outdoors;
      (4)   Outdoor exercise shall be conducted so as not to unreasonably annoy, injure or endanger the health, safety, comfort or welfare of the public;
      (5)   All animal boarding facilities shall comply with the nuisance codes established for the city; and
      (6)   All animal boarding facilities shall comply with the state’s Pet and Companion Animal Welfare Act (M.S. §§ 346.35 through 346.44, as they may be amended from time to time).
   (D)   Pet stores; provided that:
      (1)   Noise and odor are effectively confined to the premises in accordance with Ch. 91 of this code of ordinances;
      (2)   The boarding of animals is prohibited, except for the purposes of retail sales;
      (3)   A mechanical ventilation or exhaust system shall be installed to control, capture and remove emissions or odors generated by the use. The systems shall be separate from the other ventilation systems in the building. The system shall be designed to prevent the migration of emissions or odors to other parts of the building. Installation must comply with the state’s Building Code Mechanical Systems, Ch. 1346.
   (E)   Wireless telecommunications towers and antennas subject to the provisions established in §§ 160.395 through 160.401 of this chapter;
   (F)   Day care center, group nursery; provided that:
      (1)   No overnight facilities are provided for the children served. Children are delivered and removed daily;
      (2)   The front yard depth shall be a minimum of 35 feet;
      (3)   Minimum lot area shall be no less than one acre, or as provided in § 160.056(B)(2)(c) of this chapter;
      (4)   Not less than 40 square feet of outside play space per child be provided and that such space be suitably fenced and/or screened in accordance with conditions as specified by the City Council;
      (5)   Adequate off-street parking and access is provided in compliance with §§ 160.330 through 160.344 of this chapter;
      (6)   Adequate off-street loading and service entrances are provided in compliance with §§ 160.355 through 160.361 of this chapter;
      (7)   The site and related parking and service entrances shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated;
      (8)   All signing and informational or visual communication devices shall be in compliance with Ch. 161 of this code of ordinances;
      (9)   The provisions of § 160.450(E) of this chapter are considered and satisfactorily met;
      (10)   The distance between any outdoor play yard for a day care center or group nursery and the Highway 10 right-of-way line shall be a minimum of 200 feet, except as provided in § 160.376(A)(3) of this chapter; and
      (11)   No day care center or group nursery shall be permitted where the distance from the property line for the day care center or group nursery to a premises requiring a liquor license, as provided in §§ 110.015 through 110.030 of this code of ordinances, or a license for an adult establishment, as provided in Ch. 116 of this code of ordinances, if 500 feet or less; except that, the 500-foot requirement shall not apply to any liquor establishment receiving at least 60% of its annual gross sales revenue from the sale of food.
   (G)   Neighborhood motor fuel station; provided that:
      (1)   Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this chapter for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property;
      (2)   There shall be a maximum of four motor fuel dispensing pumps on the site;
      (3)   There shall be no automotive service, repair or rebuilding allowed on the site;
      (4)   The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot;
      (5)   The entire site, other than that taken up by a building, structure of plantings, shall be surfaced with a material to control dust, drainage and erosion which is subject to the approval of the Director of Public Works/Parks and Recreation;
      (6)   A minimum lot area of 22,500 square feet and minimum lot dimensions of 150 feet by 130 feet be provided;
      (7)   A drainage system, subject to the approval of the Director of Public Works/Parks and Recreation, shall be installed;
      (8)   A curb not less than six inches above grade shall separate the public sidewalk from motor vehicle service areas;
      (9)   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 § 160.031 of this chapter;
      (10)   Wherever fuel pumps are to be installed, pump islands shall be installed;
      (11)   At the boundaries of a residential district, a strip of not less than ten feet shall be landscaped and screened in compliance with § 160.030(A) through (E) of this chapter;
      (12)   Each light standard island and all islands in the parking lot shall be landscaped or covered;
      (13)   Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with § 160.030(A) through (E) of this chapter;
      (14)   Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with §§ 160.330 through 160.344 of this chapter and shall be subject to the approval of the Director of Public Works/Parks and Recreation;
      (15)   All signing and informational or visual communication devices shall be minimized and shall be in compliance with Ch. 161 of this code of ordinances;
      (16)   Provisions are made to control and reduce noise;
      (17)   No outside storage except as allowed in compliance with division (D) above shall exist;
      (18)   No outside sale or service shall exist;
      (19)   Sale of products other than those specifically mentioned in this section shall be subject to the conditional use permit;
      (20)   All conditions pertaining to a specific site are subject to change when the City 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 the conditions; and
      (21)   The provisions of § 160.450(E) of this chapter are considered and satisfactorily met.
   (H)   Car washes as an accessory use to a neighborhood fuel station (drive through, mechanical and self-service); provided that:
      (1)   The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot;
      (2)   Magazining or stacking space is constructed to accommodate that number of vehicles that can be washed during a maximum 30-minute period and shall be subject to the approval of the Director of Public Works/Parks and Recreation;
      (3)   At the boundaries of a residential district, a strip of not less than ten feet shall be landscaped and screened in compliance with § 160.030(A) through (E) of this chapter;
      (4)   Each light standard island and all islands in the parking lot shall be landscaped or covered;
      (5)   Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with § 160.030(A) through (E) of this chapter;
      (6)   The entire area, other than occupied by the building or plantings, shall be surfaced with material that will control dust, drainage and erosion that is subject to the approval of the Director of Public Works/Parks and Recreation;
      (7)   The entire area shall have a drainage system that is subject to the approval of the Director of Public Works/Parks and Recreation;
      (8)   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 residence and shall be in compliance with § 160.031 of this chapter;
      (9)   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 Director of Public Works/Parks and Recreation;
      (10)   All signing and informational or visual communication devices shall comply with Ch. 161 of this code of ordinances;
      (11)   Provisions are made to control and reduce noise; and
      (12)   The provisions of § 160.450(E) of this chapter are considered and satisfactorily met.
   (I)   Restaurants, cafés and tea rooms with more than 24 seats and/or 2,000 square feet of floor area. The restaurant shall not include drive-thru and/or window pick-up services or the serving of food to patrons in their vehicles; and
   (J)   Taproom and/or cocktail room as an accessory use of a microbrewery and/or microdistillery.
(Prior Code, § 1113.04) (Ord. 441, passed 05-23-1988; Ord. 448, passed 09-26-1988; Ord. 588, passed 02-10-1997; Ord. 590, passed 11-25-1996; Ord. 595, passed 04-14-1997; Ord. 685, passed 08-27-2001; Ord. 788, passed 04-09-2007; Ord. 833, passed 09-03-2009; Ord. 856, passed 02-03-2011; Ord. 896, passed 01-26-2015; Ord. 926, passed 08-22-2016; Ord. 970, passed 01-13-2020)