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Subd. 1. Purpose. The R-3A District is intended to provide a greater variety in the type of housing units available within the community, while retaining the environment and character of less intensive residential areas through carefully established bulk and lot area requirements.
Subd. 2. Permitted uses. The following are permitted uses in the R-3A District:
a. Two-family dwellings;
c. Multiple-family dwellings containing four or less dwelling units.
Subd. 3. Permitted accessory uses. The following are permitted accessory uses in an R-3A District:
a. Private garages, parking spaces and carports for licensed and operable passenger cars and trucks not to exceed a gross weight of 12,000 pounds, as regulated by § 1201.03, Subd. 5 (off-street parking) of this chapter. Private garages are intended for use to store the private passenger vehicles of the family or families resident upon the premises, and in which no business, service or industry is carried on. The space can be rented to nonresidents of the property for private passenger vehicles and/or noncommercial vehicles, trailers or equipment if sufficient off-street parking in full compliance with this chapter is provided elsewhere on the property. The garage shall not be used for the storage of more than one commercial vehicle owned or operated by a resident per dwelling unit;
b. Swimming pools, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests;
c. Tool houses, sheds and similar buildings for storage of domestic supplies and noncommercial recreational equipment;
d. Signs, as regulated by § 1201.03, subdivision 11 of this chapter;
e. Individual boat dock and customary beach accessories subject to § 1201.03, Subd. 14 of this chapter.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R-3A District: (Requires a conditional use permit based upon procedures set forth in and regulated by § 1201.04 of this chapter.)
a. All conditional uses, subject to the same conditions, as allowed in the R-2C District;
b. Residential facilities as defined in § 1201.02 of this chapter, licensed by the state and serving no more than 16 persons;
c. Nursing homes as defined in § 1201.02 of this chapter, provided that:
(1) Side yards are double the minimum requirements established for this District and are screened in compliance with § 1201.03, Subd. 2g of this code;
(2) The side shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated;
(3) All signing and informational or visual communication devices shall be in compliance with § 1201.03, Subd. 11 of this code;
(4) All state laws and statutes governing the use are strictly adhered to and all required permits are secured;
(5) Adequate off-street parking is provided in compliance with § 1201.03, Subd. 5 of this code;
(6) One off-street loading space in compliance with § 1201.03, Subd. 6 of this code is provided;
(7) The provisions of § 1201.04, Subd. 4d(1) of this code have been considered and satisfactorily met.
Subd. 5. Lot requirements and setbacks. The following minimum requirements shall be observed in an R-3A District, subject to additional requirements, exceptions and modifications set forth in this chapter:
a. Lot area:
(1) Two-family: Not less than 20,000 square feet;
(2) All other: Not less than 30,000 square feet;
b. Lot width:
(1) Two-family dwelling: Not less than 90 feet;
(2) All other: Not less than 100 feet;
c. Lot depth: Not less than 120 feet;
d. Setbacks:
(1) Front yard: Not less than 30 feet;
(2) Rear yard: Not less than 30 feet;
(3) Side yard: Not less than 15 feet on each side nor less than 30 feet on a side yard abutting a street.
Subd. 6. Building requirements. Height: no structure shall exceed two and one-half stories, or 35 feet, whichever is least.
Subd. 7. Lot area per unit requirement. The following minimum lot area per unit requirements shall be calculated on the basis of the total net area in the project and as controlled by an individual or joint ownership:
a. Two-family dwellings: Not less than 10,000 square feet;
b. All other dwellings: Not less than 7,000 square feet.
(1987 Code, § 1201.17) (Ord. 180, passed 5-19-1986; Am. Ord. 242, passed 8-26-1991; Ord. 243, passed 9-9-1991)
Subd. 1. Purpose. The R-3B District is intended to provide a greater variety in the type of housing units available within the community by allowing construction of two-family, towhnouse, quadraminium and apartment dwellings at a density ranging up to ten units per acre.
Subd. 2. Permitted uses.
a. Two-family dwellings.
c. Multiple-family dwellings.
Subd. 3. Permitted accessory uses. The following are permitted accessory uses in an R-3B District: all accessory uses allowed in an R-3A District.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R-3B District: all conditional uses, subject to the same conditions, as allowed in the R-3A District. (Requires a conditional use permit based upon procedures set forth in and regulated by § 1201.04.)
Subd. 5. Lot requirements and setbacks. The following minimum requirements shall be observed in an R-3B District, subject to additional requirements, exceptions and modifications set forth in this chapter:
a. Lot area:
(1) Two-family dwelling: Not less than 15,000 square feet;
(2) All other: Not less than 20,000 square feet;
b. Lot width:
(1) Two-family dwelling: Not less than 75 feet;
(2) All other: Not less than 100 feet;
c. Lot depth: Not less than 100 feet;
d. Setbacks:
(1) Front yard: Not less than 30 feet;
(2) Rear yard: Not less than 30 feet;
(3) Side yard: Not less than 15 feet on each side nor less than 30 feet on a side yard abutting a street.
Subd. 6. Building requirements. Height: no structure shall exceed three stories, or 40 feet, whichever is least.
Subd. 7. Lot area per unit requirement. The following minimum lot area per unit requirements shall be calculated on the basis of the total net area in the project and as controlled by an individual or joint ownership:
a. Two-family dwellings: Not less than 7,500 square feet;
b. All other dwellings: Not less than 3,500 square feet.
(1987 Code, § 1201.18)
Subd. 1. Purpose. The R-C District is intended for a gradual transition between commercial and residential uses. More specifically, the R-C District is established to buffer residential uses from adjacent high intensity use areas by permitting residentially compatible service- oriented commercial uses and controlling those uses which can be compatible with residential areas given adequate control.
Subd. 2. Permitted uses. The following are permitted uses in an R-C District: all uses permitted in Residential Districts R-IA through R-2B, except single-family residential dwellings.
Subd. 3. Permitted accessory uses. The following are permitted accessory uses in an R-C District:
a. All accessory uses allowed in the R-2B District;
b. Parking and loading facilities subject to the provisions of § 1201.03, Subds. 5 and 6;
c. Signs, as regulated in § 1201.03, Subd. 11.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R-C District: (Requires a conditional use permit based upon procedures set forth in and regulated by § 1201.04.)
a. All conditional permitted uses, subject to the same conditions as allowed in the R-2B District;
b. Conservatories, art or music studios, nurseries and nurseries with garden supply centers, provided that:
(1) Adequate off-street parking shall be provided in compliance with § 1201.03, Subd. 5g;
(2) Vehicular access shall create a minimum of traffic conflicts;
(3) The use shall not have a predominant retail character;
(4) 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;
(5) When abutting an R-1A through R-2C Residential District, a buffer area with screening and landscaping as provided in § 1201.03, Subd. 2g.
c. Professional and business offices, medical and dental offices, provided that:
(1) Adequate off-street parking shall be provided in compliance with § 1201.03, Subd. 5;
(2) Vehicular access shall create a minimum of traffic conflict;
(3) 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;
(4) When abutting an R-1A through R-2C Residential District, a buffer area with screening and landscaping as provided in § 1201.03, Subd. 2.g.
d. Residential or commercial planned unit development as regulated by § 1201.06, provided that:
(1) Land uses allowed in a planned unit development are limited to those land uses listed as permitted uses, permitted accessory uses and conditional uses in this section;
(2) The proposed development complies with the development agreement as required for planned unit developments, pursuant to § 1201.25.
e. Nursing homes as defined in § 1201.02, provided that:
(1) Side yards are double the minimum requirements established for this District and are screened in compliance with § 1201.03, Subd. 2.g.;
(2) The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated;
(3) All signing and informational or visual communication devices shall be in compliance with § 1201.03, Subd. 11;
(4) All state laws and statutes governing the use are strictly adhered to and all required permits are secured;
(5) Adequate off-street parking is provided in compliance with § 1201.03, Subd. 5;
(6) One off-street loading space in compliance with § 1201.03, Subd. 6 is provided;
(7) The provisions of § 1201.04, Subd. 4.d.(1) have been considered and satisfactorily met.
f. Custom woodworking shop, provided that:
(1) The total number of employees working on the premises shall not exceed three.
(2) The use shall not have a predominant retail character. Any retail sales conducted on the premises shall be limited to products produced on the premises.
(3) Products produced on the premises shall be limited to custom, one-of-a- kind woodwork items.
(4) Noise, dust and odor shall comply with the standards of the Minnesota Pollution Control Agency and shall not constitute a nuisance to adjacent residential uses.
(5) Adequate off-street parking shall be provided in compliance with § 1201.03, Subd. 5. of this code.
(6) All work shall be performed entirely within the building. There shall be no outdoor display or storage on the property.
g. Daycare facilities, as defined in § 1201.02 Subd. 4. of this code, serving ten or more persons, as a principal or accessory use, provided that:
(1) The facility shall be licensed by the State of Minnesota. No certificate of occupancy shall be issued for a daycare facility until proof of approved applicable state licenses has been provided to the Zoning Administrator.
(2) All child daycare facilities shall have an outdoor activity area complying with the following:
(a) The activity area shall be at least 1,500 square feet in area, and at least 75 square feet of area per child within the area at any given time during use.
(b) The activity area shall be located within the buildable area of the lot.
(c) The activity area shall be screened and landscaped to buffer neighboring residential uses.
(d) The activity area shall be enclosed to prevent children from leaving the premises unattended.
(3) Off-street parking must be provided in compliance with § 1201.03 Subd. 5. of this code. The number of parking spaces required for a daycare facility shall be one space for each four persons of licensed capacity.
(4) Adequate short-term parking or drop-off area shall be provided within close proximity to the main entrance of the building. The short-term parking or drop-off area shall accommodate three car spaces and shall be designated as temporary in nature. The short-term parking or drop-off area shall not conflict with off-street parking access or pedestrian movement.
(5) When a daycare facility is an accessory use within a structure containing another principal use, each use shall be calculated separately for determining the total off-street parking spaces required.
(6) Daycare facilities are limited to 4,500 square feet in gross floor area.
(7) The structure in which the daycare facility is located shall comply with all applicable building and fire codes.
(8) The provisions of § 1201.04 Subd. 1.d.(1) of this code must be considered and satisfactorily met.
h. Self-storage facility, as defined in this chapter, provided that:
(1) Adequate screening and landscaping from neighboring residential districts is provided in accordance with § 1201.03, Subd. 2.g.;
(2) The entire facility is located within a complete enclosure. The enclosure shall conform to applicable city codes and ordinances;
(3) The access to the facility shall be by a security gate;
(4) The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 12:00 midnight, Friday and Saturday;
(5) The lighting shall be consistent with § 1201.03 Subd. 2.v. of this chapter;
(6) The structures shall conform to height restrictions of the C-1 District. In addition, all structures within 50 feet of any property line shall be limited to one story or 15 feet, whichever is less;
(7) The storage is confined to enclosed permanent structures;
(8) The use of all structures shall be limited to storage only. No retail service businesses or workshops shall be allowed. Each facility shall have one residential dwelling unit to be used only by a resident caretaker or manager. The requirement of a caretaker residence may be waived by the City Council, provided that:
(a) A caretaker residence for an approved self-storage facility under the same ownership is located within 600 feet of the subject property;
(b) The applicant shall submit a plan showing where a caretaker residence can be located on the property in the future;
(c) The applicant shall submit restrictive covenants, to be recorded against the property, restricting its sale unless a caretaker residence is constructed on the property, or a caretaker residence for an approved self-storage facility under the same ownership, located within 600 feet of the subject property is provided;
(9) The entire area, other than occupied by the buildings or plantings, shall be surfaced with material which will control dust and drainage and is subject to the approval of the City Engineer;
(10) The number of off-street parking spaces shall not be less than six. No on-street parking shall be allowed;
(11) Loading areas shall be located entirely within the site which will be designed so as not to require backing in from a public street;
(12) The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met.
Subd. 5. Lot requirements and setbacks. The following minimum requirements shall be observed in an R-C District subject to additional requirements, exceptions and modifications set forth in this chapter:
a. Lot area:
(1) Two-family dwelling: not less than 20,000 square feet;
(2) All other: not less than 15,000 square feet;
b. Lot width: not less than 100 feet;
c. Lot depth: not less than 120 feet;
d. Setbacks:
(1) Front yard: not less than 35 feet;
(2) Rear yard: not less than 40 feet;
(3) Side yard: not less than 15 feet on each side nor less than 35 feet on a side yard abutting a street;
(4) Nonresidential use setback from R District boundary: not less than 25 feet;
(5) Lakeshore: not less than 100 feet.
Subd. 6. Building requirements. Height: no structure shall exceed two and one-half stories, or 35 feet, whichever is least.
Subd. 7. Lot area per unit requirement. Not less than 10,000 square feet.
Subd. 8. Special district provisions.
a. Where a conditional use abuts an R-1A through R-2C District, buffer fences or planting screens shall be installed by the conditional use permit recipient according to provisions of § 1201.03, Subd. 2.g. of this code, should the Council determine that a need for a buffer exists.
b. Special use commercial activities shall be allowed to operate only between the hours of 7:00 a.m. and 9:00 p.m. in the R-C District. Occasional emergency dental service may occur outside of normal business hours provided such service does not adversely affect surrounding residential uses.
c. All noise levels generated by activities in the R-C District must conform to state standards.
d. Signs shall comply with the requirements under § 1201.03, Subd. 11, as well as the following additional provisions:
(1) Business signs shall be limited to a total surface area determined by taking 5% of the gross silhouette area of the front of the building, but not more than 100 square feet per property. Where the principal building is on a corner lot and thus faces two public streets, both sides may be counted. Not more than two individual signs, including freestanding signs, may be displayed per property;
(2) Illuminated signs shall not be permitted in the R-C District, except that:
(a) Signs located at least 100 feet from a residential district boundary may be illuminated.
(b) Signs located nearer than 100 feet to a residential district boundary may be illuminated, provided the sign is screened from view of residential properties.
(c) In no case shall signs in the R-C District be illuminated between the hours of 9:00 p.m. and 7:00 a.m.
(d) All illuminated signs must comply with the provisions of § 1201.03 Subd. 2.i. of this code.
(3) Freestanding signs not exceeding 40 square feet and not higher than eight feet shall be permitted in the R-C District.
e. Storage - displays: with the exception of nursery stock, all materials, supplies, merchandise or other similar matter not on display for direct sale, rental or lease to the ultimate consumer or user shall be stored within a completely enclosed building within the R-C District or within the confines of 100% opaque wall or fence not less than five feet high.
f. The City Council or its designated representative shall evaluate the design elements of the conditional uses under the provisions of § 1201.04.
(1987 Code, § 1201.19) (Ord. 180, passed 5-19-1986; Ord. 208, passed 4-11-1988; Ord. 243, passed 9-9-1991; Ord. 397, passed 8-25-2003; Ord. 403, passed 5-24-2004; Ord. 422, passed 7-24-2006; Am. Ord. 520, passed 7-27-2015; Am. Ord. 569, passed 8-26-2019; Am. Ord. 575, passed 12-14-2020)
Subd. 1. Purpose. The purpose of the C-1, General Commercial District is to provide for low to moderately intense retail or service outlets that deal directly with the customer to whom the goods or services are furnished. The uses allowed in this district are to provide goods and services on a limited community market scale and located in areas that are well served by collector or arterial street facilities.
Subd. 2. Permitted uses. The following are permitted uses in a C-1 District:
a. Trade and services. Retail stores, personal service or business service establishments, including the following and other similar uses:
(1) Amusement places (such as dance halls or roller rinks) and commercial recreation;
(2) Antique, resale or gift shop;
(3) Apparel sales;
(4) Art and school supplies and picture framing;
(5) Art gallery and sales;
(6) Auto accessory store;
(7) Bakery goods and baking of goods for retail sales on the premises;
(8) Bank, savings and loan, savings credit unions and other financial institutions;
(9) Barber shops;
(10) Beauty parlors;
(11) Bicycle sales and repair;
(12) Books, office supplies or stationery stores;
(13) Bowling alleys;
(14) Camera and photographic supplies;
(15) Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks;
(16) Catering establishments;
(17) Coffee houses;
(18) Coin and philatelic stores;
(19) Commercial tutoring and learning centers;
(20) Computer and business machine sales or service stores;
(21) Convenience grocery stores (not supermarket type and without motor fuel);
(22) Copy service, printing service and newspaper offices;
(23) Day spas;
(24) Delicatessen;
(25) Department and discount stores;
(26) Drugstore;
(27) Dry cleaning, including plant accessory thereto, pressing and repairing;
(28) Electrical home appliance stores, including incidental repair and assembly but not fabricating or manufacturing;
(29) Employment agencies;
(30) Enclosed boat and marine sales;
(31) Essential services;
(32) Floor covering stores;
(33) Florist shop;
(34) Furniture stores;
(35) Garden supply stores;
(36) Gift or novelty stores;
(37) Government and public utility buildings;
(38) Grocery store, supermarket (but not including sales from moveable, motorized vehicles);
(39) Hardware;
(40) Hobby and craft store;
(41) Home entertainment and electronics sales;
(42) Insurance sales;
(43) Interior decorating studios;
(44) Jewelry stores;
(45) Laundromat, self-service washing and drying;
(46) Leather goods and luggage stores;
(47) Liquor, on and off sale;
(48) Locksmiths;
(49) Massage therapy services, licensed pursuant to Chapter 311 of this code;
(50) Meat market, but not including processing for a locker plant;
(51) Motels, motor hotels and hotels, provided that the lot contains not less than 500 square feet of lot area per unit;
(52) Motor vehicle and recreational equipment sales and structures;
(53) Offices - commercial and professional, including chiropractic, medical, dental and laboratories accessory thereto;
(54) Optical stores and laboratories accessory thereto;
(55) Paint and wallpaper sales;
(56) Pest control services;
(57) Pet sales, supplies and grooming;
(58) Photography studios;
(59) Plumbing, heating, ventilation and air conditioning, electrical sales, and the repair thereof as an accessory use to the retail establishment permitted within this district, but not including fabricating or manufacturing;
(60) Private clubs or lodges serving food and beverages;
(61) Public utility collection offices;
(62) Real estate sales;
(63) Record - music shops;
(64) Recreation - personal fitness;
(65) Religious institutions;
(66) Restaurants and cafes, not including drive-in facilities;
(67) Shoe stores and shoe repair;
(68) Sporting goods sales;
(69) Tailor shops;
(70) Tanning salons;
(71) Theatres, not of the outdoor drive-in type;
(72) Tobacco shops;
(73) Toy stores;
(74) Travel bureaus, transportation ticket offices;
(75) Veterinary clinic with indoor overnight care and indoor kennels;
(76) Electronic media rental and sales;
b. Commercial parking garages, ramps and lots for passenger vehicles only, provided stacking space is provided within the structure or lot for holding cars awaiting entrance, which stacking space shall have a capacity of no less than two vehicles;
c. Adult establishments, subject to the requirements of Chapters 309 and 509 of the City Code, as may be amended;
d. Public parks and public open space;
e. Uses similar to those enumerated in a. above, but not included in the listing, shall be subject to review and recommendation by the Planning Commission and approval by the City Council. It is the responsibility of the applicant to demonstrate that a particular use is consistent with the uses listed above, including, but not limited to, traffic, hours of operation, noise, signage and the market intended to be served.
Subd. 3. Permitted accessory uses. The following are permitted accessory uses in a C-1 District:
a. Arcade games;
b. Commercial or business buildings and structures for a use accessory to the principal use, but the accessory use shall not exceed 30% of the gross floor space of the principal use;
c. Off-street parking as regulated by § 1201.03 Subd. 5. of this Code;
d. Off-street loading as regulated by § 1201.03 Subd. 6. of this Code;
e. Semi truck parking;
f. Signs as regulated by § 1201.03 Subd. 11. of this Code.
Subd. 4. Conditional uses. The following are conditional uses allowed in a C-1 District (requires a conditional use permit based on procedures set forth in and regulated by § 1201.04):
a. Convenience store or grocery store with motor fuel sales (no vehicle service or repair), provided that:
(1) Retail sales shall be limited to those allowed in this district (C-1);
(2) Take-out food. Convenience/deli food is of the take-out type only and no provision for seating or consumption on the premises is provided. Furthermore, the enclosed area devoted to such activity, use and merchandise shall not exceed 20% of the gross floor area;
(3) Litter control. The operation shall be responsible for litter control within 500 feet of the property line on a daily basis.
(4) Any outdoor sales, display or storage shall be subject to a separate conditional use permit, as provided for in this section;
(5) Hours of operation. The hours of operation shall be limited to between 6:00 A.M. and midnight unless extended by the City Council;
(6) Motor fuel facilities shall be subject to a separate conditional use permit as provided for in this section;
(7) For facilities constructed after July 21, 2006, the architecture of the proposed buildings shall have a residential character. Specifically, roofs, including accessory canopies, shall have a minimum pitch of 4:12 (four feet vertical per 12 feet horizontal);
(8) For facilities constructed prior to July 21, 2006, if the principal structure has a flat roof, an accessory canopy may also have a flat roof.
b. Drive-in facility or convenience food establishment, provided that:
(1) The architectural appearance and functional plan of the building and site shall not be out of character with the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot;
(2) At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and screened in compliance with § 1201.03, Subd. 2.g.;
(3) Parking areas shall be screened from view of abutting residential districts in compliance with § 1201.03, Subd. 2.g.;
(4) Parking areas and driveways shall be curbed with continuous curbs not less than six inches high above the parking lot or driveway grade;
(5) Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with § 1201.03, Subd. 5. and shall be subject to the approval of the City Engineer;
(6) All lighting shall be consistent with § 1201.03, Subd. 2.v.;
(7) The entire area shall have a drainage system which is subject to the approval of the City Engineer;
(8) The entire area other than occupied by buildings or structures or planting shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer;
(9) All signing and information or visual communication devices shall be in compliance with § 1201.03, Subd. 11.;
(10) The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met;
c. Commercial car washes (drive through, mechanical and self-service), provided that:
(1) The architectural appearance and functional plan of the building and site shall not be out of character with the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot;
(2) Stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum 30 minute period and shall be subject to the approval of the City Engineer;
(3) At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and screened in compliance with § 1201.03, Subd. 2.g.;
(4) Parking or car stacking space shall be screened from view of abutting residential districts in compliance with § 1201.03, Subd. 2.g.;
(5) The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer;
(6) The entire area shall have a drainage system which is subject to the approval of the City Engineer;
(7) All lighting shall be consistent with § 1201.03, Subd. 2.v.;
(8) 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;
(9) All signing and informational or visual communication devices shall be in compliance with § 1201.03, Subd. 11.;
(10) Provisions are made to control and reduce noise;
(11) The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met;
d. Motor fuel sales, auto repair - minor and tire and battery stores and service, provided that:
(1) Regardless of whether the dispensing, sale 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) The architectural appearance and functional plan of the building and site shall not be out of character with the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot;
(3) The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer;
(4) A drainage system shall be installed, subject to the approval of the City Engineer;
(5) Parking areas and driveways shall be curbed with continuous curbs not less than six inches high above the parking lot or driveway grade;
(6) The lighting shall be in compliance with § 1201.03, Subd. 2.v.;
(7) Wherever fuel pumps are to be installed, pump islands shall be installed;
(8) At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and screened in compliance with § 1201.03, Subd. 2.g.;
(9) Parking or car stacking space shall be screened from view of abutting residential districts in compliance with § 1201.03, Subd. 2.g.;
(10) Vehicular access points shall create a minimum conflict with through traffic movement, shall comply with § 1201.03, Subd. 5.g. and shall be subject to the approval of the City Engineer;
(11) All signing and informational or visual communication devices shall be minimized and shall be in compliance with § 1201.03, Subd. 11.;
(12) Provisions are made to control and reduce noise;
(13) Any outside storage shall be in compliance with Subd. 4.f., below;
(14) 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 the conditions;
(15) The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met;
e. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community, provided that:
(1) Compatibility 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 and landscaping from neighboring residential districts is provided in accordance with § 1201.03, Subd. 2.g.;
(4) The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met;
f. Open and outdoor storage as an accessory use, provided that:
(1) The use does not constitute more than 30% of the lot area and no more than the floor area of the first story of the principal structure;
(2) The area is fenced and screened from view of neighboring residential uses or if abutting an R District;
(3) Storage is screened from view from the public right-of-way;
(4) Storage area is grassed or surfaced to control dust;
(5) Landscaping is provided in compliance with § 1201.03, Subd. 2.g.;
(6) All lighting shall be in compliance with § 1201.03, Subd. 2.v.;
(7) Storage area does not take up parking space as required for conformity to this chapter;
(8) The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met;
g. Open or outdoor service, sale and rental as a principal or accessory use, provided that:
(1) Outside services, sales and equipment rental connected with the principal use is limited to an area no larger than the gross floor area of the principal use;
(2) Outside sales areas are fenced or screened from view of neighboring residential uses or abutting R District in compliance with § 1201.03, Subd. 2.g.;
(3) All lighting shall be in compliance with § 1201.03, Subd. 2.v.;
(4) Sales area is grassed or surfaced to control dust;
(5) The use does not take up parking space as required for conformity to this chapter;
(6) The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met;
h. Accessory, enclosed retail, rental or service activity other than that allowed as a permitted use or conditional use within this section, provided that:
(1) The use is allowed as a permitted use in a C-1 district;
(2) The use does not constitute more than 30% of the lot area and no more than 50% of the gross floor area of the principal use;
(3) Adequate off-street parking and off-street loading in compliance with the requirements of § 1201.03, Subds. 5. and 6. is provided;
(4) All signing and informational or visual communication devices shall be in compliance with § 1201.03, Subd. 11.;
(5) The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met;
i. Daycare facilities, as defined in § 1201.02, Subd. 4., serving ten or more persons, as a principal or accessory use, provided that:
(1) The facility shall be licensed by the State of Minnesota. No certificate of occupancy shall be issued for a daycare facility until proof of approved applicable state licenses has been provided to the Zoning Administrator;
(2) All child daycare facilities shall have an outdoor activity area complying with the following:
(a) The activity area shall comply with the size required for state licensing;
(b) The activity area shall be located at least 25 feet from any adjacent residential lot boundary;
(c) The activity area shall be screened and landscaped to buffer neighboring residential uses;
(d) The activity area shall be enclosed to prevent children from leaving the premises unattended;
(3) Off-street parking must be provided in compliance with § 1201.03, Subd. 5. The number of parking spaces required for a daycare facility shall be one space for each four persons of licensed capacity;
(4) Adequate short-term parking or drop-off area shall be provided within close proximity to the main entrance of the building and shall be located so as not to necessitate pedestrian crossing of a drive aisle. The short-term parking or drop-off area shall accommodate at least three car spaces and shall be designated as temporary in nature. The short-term parking or drop-off area shall not conflict with off-street parking access or pedestrian movement;
(5) The structure in which the daycare facility is located shall comply with all applicable building and fire codes;
(6) The provisions of § 1201.04, Subd. 1.d.(1) of the this code must be considered and satisfactorily met;
j. Self-storage facility, as defined in this chapter, provided that:
(1) Adequate screening and landscaping from neighboring residential districts is provided in accordance with § 1201.03, Subd. 2.g.;
(2) The entire facility is located within a complete enclosure. The enclosure shall conform to applicable city codes and ordinances;
(3) The access to the facility shall be by a security gate;
(4) The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 12:00 midnight, Friday and Saturday;
(5) The lighting shall be in compliance with § 1201.03 Subd. 2.v.;
(6) The structures shall conform to height restrictions of the C-1 District. In addition, all structures within 50 feet of any property line shall be limited to one story or 15 feet, whichever is less;
(7) The storage is confined to enclosed permanent structures;
(8) The use of all structures shall be limited to storage only. No retail service businesses or workshops shall be allowed. Each facility shall have one residential dwelling unit to be used only by a resident caretaker or manager. The requirement of a caretaker residence may be waived by the City Council, provided that:
(a) A caretaker residence for an approved self-storage facility under the same ownership is located within 600 feet of the subject property;
(b) The applicant shall submit a plan showing where a caretaker residence can be located on the property in the future;
(c) The applicant shall submit restrictive covenants, to be recorded against the property, restricting its sale unless a caretaker residence is constructed on the property, or a caretaker residence for an approved self-storage facility under the same ownership, located within 600 feet of the subject property is provided;
(9) The entire area, other than occupied by the buildings or plantings, shall be surfaced with material which will control dust and drainage and is subject to the approval of the City Engineer;
(10) The number of off-street parking spaces shall not be less than six. No on-street parking shall be allowed;
(11) Loading areas shall be located entirely within the site which will be designed so as not to require backing in from a public street;
(12) The applicants shall provide a performance bond or letter of credit to assure completion of the facility in accordance with the plans and specifications approved by the City Council. The amount of the bond shall be established by the City Council at the recommendation of the city staff;
(13) The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met;
k. Commercial planned unit development as regulated by § 1201.06 of this chapter, provided that:
(1) Land uses allowed in a planned unit development are limited to those land uses listed as permitted uses, permitted accessory uses or conditional uses in this section;
(2) The proposed development complies with the development agreement as required for planned unit developments, pursuant to § 1201.25 of this chapter.
Subd. 5. Lot requirements and setbacks. The following minimum requirements shall be observed in a C-1 District subject to additional requirements, exceptions and modifications set forth in this chapter:
a. Lot area: None;
b. Lot width: None;
c. Lot depth: None;
d. Setbacks:
(1) Front yard: Not less than 30 feet;
(2) Rear yard: Not less than 30 feet;
(3) Side yard: Not less than 15 feet on each side nor less than 30 feet on a side yard abutting a street;
(4) Setback from R District boundary: Not less than 50 feet (Additional setback not required when adjacent to a nonresidential use in an R-C District).
Subd. 6. Building requirements. Height: No structure shall exceed three stories, or 40 feet, whichever is least.
(Ord. 426, passed 7-24-2006; Am. Ord. 440, passed 11-5-2007; Am. Ord. 557, passed 6-25-2018; Am. Ord. 569, passed 8-26-2019; Am. Ord. 575, passed 12-14-2020)
Subd. 1. Purpose. The C-2 District is intended to recognize areas containing preexisting businesses that provide services primarily for the community and surrounding area. It is further intended that the location of the C-2 District may take advantage of transportation routes with existing high traffic volumes; however, activities allowed in the District will not create additional traffic.
Subd. 2. Permitted uses. The following uses are permitted, as regulated herein, without special application requirements or conditions attached:
a. Bakery goods sales and baking of goods for retail sale on the premises;
b. Canvas products sales and repairs;
c. Convenience grocery (without motor fuel facilities);
d. Dry cleaning establishment;
e. Enclosed boat and marine sales; and
f. Nursery.
Subd. 3. Permitted accessory uses. The following uses are permitted only when auxiliary to a principal use permitted above; they may not exist as principal uses in their own stead:
a. Off-street parking as regulated by § 1201.03, Subd. 5, but not including semi- trailer trucks;
b. Off-street loading as regulated by § 1201.03, Subd. 6;
c. Signs as regulated by § 1201.03, Subd. 11.
Subd. 4. Conditional uses. The following uses are permitted only subject to the issuance of a conditional use permit as regulated in § 1201.04:
a. Automobile repair - minor, provided that:
(1) The entire site other than that taken up by a building, structure or landscaping shall be surfaced with a material to control dust and drainage which is subject to approval by the City Engineer;
(2) A drainage system subject to approval by the City Engineer shall be installed;
(3) Parking areas and driveways shall be curbed with continuous curbs not less than six inches high above the parking lot or driveway grade;
(4) Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to approval of the city staff;
(5) All signing and informational or visual communication devices shall be minimized and shall be in compliance with § 1201.03, Subd. 11.;
(6) Any outside storage shall be in compliance with § 1201.23 Subd. 4.b.;
(7) Landscaping is provided in compliance with § 1201.03, Subd. 2.g.; and
(8) The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met;
b. Open and outdoor storage as an accessory use, provided that:
(1) The use does not constitute more than 30% of the lot area and no more than the floor area of the first story of the principal structure;
(2) The area is fenced and screened from view of neighboring residential uses or if abutting any R District;
(3) Storage is screened from view from the public right-of-way;
(4) Storage area is grassed or surfaced to control dust;
(5) Landscaping is provided in compliance with § 1201.03, Subd. 2.g.;
(6) All lighting shall be in compliance with § 1201.03 Subd. 2.v.;
(7) Storage area does not take up parking space as required for conformity to this chapter;
(8) The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met;
c. Open or outdoor service, sale, rental and display as a principal or accessory use, provided that:
(1) Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting R District;
(2) Landscaping is provided in compliance with § 1201.03, Subd. 2.g.;
(3) All lighting shall be in compliance with § 1201.03 Subd. 2.v.;
(4) Sales area is grassed or surfaced to control dust;
(5) The use does not take up parking space as required for conformity to this chapter;
(6) The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met;
d. Fabrication (cutting, assembly and/or welding) of wood or metal products only when accessory to an activity allowed as a permitted use or conditional use within this section, provided that:
(1) Any outside storage shall be in compliance with Subd. 4.b. of this section;
(2) Adequate off-street parking and off-street loading is provided in compliance with the requirements of § 1201.03, Subds. 5 and 6;
(3) Provisions are made to control and reduce noise;
(4) The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met;
e. Building trade contractor's shop for businesses engaged in specialized construction activities such as plumbing, painting, electrical work, carpentry and well drilling; primarily for residential development, but not including heavy construction, provided that:
(1) Activities of the business would typically be performed at a construction site but some incidental work may be performed in the shop;
(2) Any outside storage shall be in compliance with Subd. 4.b. of this section;
(3) Landscaping is provided in compliance with § 1201.03, Subd. 2.g.;
(4) The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met;
f. Commercial planned unit development as regulated by § 1201.06, provided that:
(1) Land uses allowed in a planned unit development are limited to those land uses listed as permitted uses, permitted accessory uses and conditional uses in this section;
(2) The proposed development complies with the development agreement as required for planned unit developments, pursuant to § 1201.25;
g. Operational facilities for commercial and residential lake and lakeshore dredging, excavation and related construction and other services and the storage of equipment, machinery, watercraft, materials and supplies relating thereto, provided that:
(1) The use was in lawful existence prior to May 19, 1986;
(2) The area is fenced and screened from view of abutting residential uses or if abutting any R District, in accordance with plans and specifications approved by the City Council;
(3) Storage is screened from view from the public street right-of-way;
(4) Landscaping is provided in compliance with § 1201.03, Subd. 2.g.;
(5) All lighting shall be in compliance with § 1201.03 Subd. 2.v.;
(6) Outdoor storage shall be limited to only that which is necessary to the conduct of the principal use;
(7) Outdoor storage does not take up parking space as required for conformity to this chapter;
(8) Any emission of noise shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minn. Rules Chapter 7030, as may be amended;
(9) Any use of the lake shall be approved by the Lake Minnetonka Conservation District;
(10) The use of the property shall be approved by the Commissioner of the Department of Natural Resources;
(11) No direct flow of surface drainage to Lake Minnetonka will be permitted. Site grading, drainage and erosion control plans shall be approved by the City Engineer;
(12) Any handling or storage of flammable liquids shall be subject to the approval of the local Fire Marshal.
Subd. 5. Lot requirements and setbacks. The following minimum requirements shall be observed in a C-2 District subject to additional requirements, exceptions and modifications set forth in this chapter:
a. Lot area: 20,000 sq. ft.;
b. Lot width: 100 feet;
c. Lot depth: 120 feet;
d. Setbacks:
(1) Front yard: Not less than 30 feet;
(2) Rear yard: Not less than 30 feet;
(3) Side yard: Not less than 20 feet on each side nor less than 30 feet on a side yard abutting a street;
(4) Setback from R District boundary: Not less than 50 feet (Additional setback not required when adjacent to a nonresidential use in an R-C District).
Subd. 6. Building requirements. Height: no principal structure shall exceed two stories, or 25 feet, whichever is least. No accessory structure shall exceed one story, or 15 feet, whichever is least.
(1987 Code, § 1201.23) (Ord. 180, passed 5-19-1986; Ord. 189, passed 11-24-1986; Ord. 192, passed 11-24-1986; Ord. 208, passed 4-11-1988; Ord. 214, passed 5-22-1989; Ord. 242, passed 8-26-1991; Am. Ord. 426, passed 7-24-2006; Am. Ord. 575, passed 12-14-2020)
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