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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)
Subd. 1. Purpose. This District is intended to recognize the desirability for areas to serve the lakeshore recreational needs of the city which of their very nature are by geographic necessity located in proximity and adjacent to residential areas of this community. Lake Minnetonka is the largest single park and recreational facility available for use by the citizens of this city and the providing of an opportunity for access to that facility is, in the opinion of the city, an adjunct of zoning by the city. Recognizing the primary residential nature of Shorewood, it behooves the city to subject the possible areas available for access to the lake to close scrutiny and limitation so as to insure that use of the land does not unduly infringe upon property rights and public health, safety and welfare of others residing on nearby residential sites.
Subd. 2. Permitted uses. The following are permitted uses in the L-R District as regulated herein with special limitation requirements and conditions attached as provided in Subd. 8. below. Water harboring of boats at docks attached to land, including limited related service facilities as hereinafter authorized, is subject to an annual operating license which shall be issued only in accordance with the following standards and limitations.
Subd. 3. Permitted accessory uses. The following are permitted accessory uses in a L-R District:
b. One clubhouse building, not exceeding 2000 square feet of floor area on the first floor level. This building may be used for sale of limited items used in conjunction with boating, including fishing bait and tackle, light accessory marine-line equipment, soft drinks, prepackaged foods, shower and meeting rooms;
c. One storage building, not exceeding 1200 square feet of floor area;
d. Gasoline dispensing equipment (boat only) subject to design standards of the Minnesota Uniform Fire Code, approval of the State Fire Marshall, the local Fire Marshal, the Pollution Control Agency, Department of Natural Resources and other applicable agencies and if authorized by the City Council. Sale of gasoline is limited to those individuals renting or leasing dock slips, or launching boats from the subject site, or, in the case of a yacht club, to members of the yacht club;
e. Boat rental, in compliance with LMCD regulations and as authorized by the City Council.
Subd. 4. Conditional uses. The following are conditional uses in a L-R District: (Requires a conditional use permit based upon procedures set forth in and regulated by § 1201.04.)
a. One single-family dwelling used as a caretaker residence, provided that:
(1) The dwelling shall comply with the requirements of Chapter 1004 (Rental Housing) of this code;
(2) The provisions of § 1201.04, Subd. 1d(1) are considered and satisfactorily met;
b. Open and outdoor, dry land storage of boats and boat trailers as an accessory use, provided that:
(1) The area is fenced and screened from view of neighboring residential uses or if abutting an R District;
(2) Storage is screened from view from the public street right-of-way;
(3) Storage is landscaped to provide a buffer from all other public rights-of- way;
(4) Storage area is grassed or surfaced with pavement or class V, or the equivalent, to control dust;
(5) Landscaping is provided in compliance with § 1201.03, Subd. 2g;
(6) Lighting shall comply with Subd. 8k of this section;
(7) Except for winter storage of boats, storage area does not take up parking space as required for conformity to this chapter;
(8) The provisions of § 1201.04, Subd. 1d(1) are considered and satisfactorily met.
Subd. 5. Lot requirements and setbacks. The following minimum requirements shall be observed in a L-R District subject to additional requirements, exceptions and modifications set forth in this chapter:
a. Lot area: Not less than 60,000 square feet;
b. Lot width: Not less than 200 feet;
c. Lot depth: Not less than 150 feet;
d. Setbacks:
(1) Front yard: Not less than 35 feet;
(2) Rear yard: Not less than 50 feet (from the ordinary high water mark);
(3) Side yard:
(a) From residential: Not less than 50 feet;
(b) From nonresidential: Not less than 15 feet;
(4) From public right-of-way: Not less than 10 feet other than street.
Subd. 6. Building requirements. Height: the clubhouse structure shall not exceed two and one-half stories, or 35 feet, whichever is less. Other accessory structures shall not exceed one story or 15 feet, whichever is less.
Subd. 7. Application information requirements. The following information is to be submitted to the city for consideration of rezoning to L-R, Lakeshore Recreational District:
a. The landowner’s name, address and interest in the subject property;
b. The applicant’s name and address if different from the landowner;
c. The names and addresses of all professional consultants who have contributed to the preparation of the application being submitted, including attorney, land planner, engineer and surveyor;
d. Evidence that the applicant has sufficient control over the subject property to effectuate the proposed rezoning, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or registered property report and the other evidence as the City Attorney may require to show the status of title or control of the subject property;
e. Legal description of property upon which proposal is to be located;
f. Written description of proposed operation and use;
g. Site plan similar in detail to a preliminary plat drawn to a scale of one inch to 20 feet and which site plan shall disclose the following:
(1) Dimensions of the site;
(2) Location and dimensions of all present and proposed buildings;
(3) Location and dimensions of land recreation facilities;
(4) Road entrances and exits;
(5) Access roads and their design/construction standards;
(6) Location of parking and traffic flow;
(7) Location and design of screening;
(8) Location and design of lighting;
(9) Detailed landscape design and planting plan specifications;
(10) Drainage;
(11) Location and dimensions of authorized related services;
(12) Signs;
(13) Lakeshore footage;
(14) Location, shape, design and dimension of docks, in compliance with LMCD approvals. Each dock shall be numbered and there shall be indicated whether one or more than one boat shall be harbored within the designated dock;
(15) Location and description of boat dock canopies;
(16) Flow of boat traffic;
(17) Location of any proposed boat ramp;
(18) Zoning of property within 500 feet of the site;
(19) Location and design of trash collection facilities and access to same by trash collectors;
(20) Interior design and use of the building shown on the plan;
(21) Other items peculiar to the facility;
h. A written statement describing how the property is to be designed, arranged and operated in order to be compatible with adjacent residential properties, including but not limited to:
(1) General compatibility and impact upon surrounding living environment;
(2) Air and water quality;
(3) Wetlands;
(4) Noise;
(5) Traffic;
(6) Boat harboring and lake use;
i. A description of use for which all buildings on the property will be used;
j. Copies of approvals received from state, regional and other agencies who have or claim jurisdiction over the proposed use or names of agencies to whom applicants propose to request and obtain approval for operation as proposed.
Subd. 8. Special and specific standards and conditions. The following are special and specific design standards and conditions of limitations applicable to water-harboring of boats.
a. Site shall be located on a lake which has at least two public accesses of at least 50 feet in width located within the city limits. No site shall be located closer than 5,000 feet as measured along the lake shoreline to any existing authorized multiple use water harboring boat facility.
b. All applicable state building and operational standards are complied with.
c. The minimum number of slips to be authorized shall be ten; the maximum number of slips shall be consistent with the number of slips licensed by the Lake Minnetonka Conservation District, pursuant to the LMCD Code of Ordinances.
d. Minimum lakeshore footage required shall be 250 feet.
e. Boat launching ramps shall be permitted only where and when specifically authorized by the Council who, when determining authorization, shall take into consideration:
(1) Traffic congestion;
(2) Safety;
(3) Proximity to homes in the area;
(4) Excess parking available;
f. Location and construction of docks:
(1) Dock structures shall be constructed in accordance with the following setbacks from the side lot lines extended into the lake:
For That Portion of the Length of the Dock Which Extends From the Shore | The Setback Shall Be: |
0 to 50 feet | 10 feet |
50 to 100 feet | 15 feet |
100 to 200 feet | 20 feet |
(2) Dock structures shall extend into the water no more than 200 feet as measured from the point the dock touches the shoreline;
(3) Dock structures shall be constructed and maintained using the Minnesota State Building Code as a standard. A minimum live load of 40 pounds per square foot and a maximum deflection of 1/180 of span shall be required;
(4) Dock structures shall comply with the requirements of the Lake Minnetonka Conservation District (LMCD) Code of Ordinances, as may be amended;
g. Restriction on use of land:
(1) Subject to approval by the City Council, dry land storage of boats and boat trailers shall be confined to designated areas of the site in conformance with Subd. 4 of this section;
(2) No outdoor storage of other items shall be permitted;
(3) No outdoor public address system or outdoor music shall be permitted to be used in conjunction with the facility;
(4) No license for dispensing of intoxicating liquor or 3.2% malt liquor shall be issued for the property;
(5) No food shall be served from the property except that prepackaged foods and those foods dispensed from a vending machine shall be allowed. In the case of a private club, food may be served or catered in for club members, and guests accompanied by members, but in no case shall meals be offered for sale to the general public;
h. Parking, roads and driveways:
(1) One motor vehicle parking stall, computed at the minimum size of 300 square feet, shall be provided for each authorized boat slip;
(2) No parking shall be permitted within 50 feet of the ordinary high water mark;
(3) Access to site shall be from public arterial or collector streets as defined by the Comprehensive Plan or from a street approved by the City Council and shall be free and clear to a minimum width of 22 feet of driving surface;
(4) All access roads and driveways shall be surfaced with a permanently dust- free surface; the proposed facilities, including roads, driveways and parking areas, shall provide for drainage of surface water runoff in accordance with the storm drainage plan adopted by the City Council. No direct drainage to the lake shall be permitted. Access roads and driveways shall be paved for a distance of at least 40 feet measured from the edge of the street pavement;
(5) No parking area shall be permitted within any required side yard. No parking shall be permitted on public road rights-of-way or public access driveways;
i. Where a use abuts an R-1A through R-2C District, buffer fences and/or planting screens shall be installed by the permit recipient according to provisions of § 1201.03, Subd. 2g;
j. The total number of signs allowed on the site shall be two, one facing the street and one facing the lake. Signs shall be non-illuminated, shall not exceed 20 square feet in area each, nor more than eight feet above grade. No sign may be erected without the approval of the City Council;
k. All lighting shall be consistent with § 1201.03 Subd. 2.v. except that no light or combination of lights which cast light on residential property, the lake or the public right-of-way shall exceed four-tenths (.4) foot-candles (meter reading) as measured from the property line and 250 feet from the shoreline;
l. Noises emanating from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minn. Rules Chapter 7030, as may be amended;
m. No direct flow of surface drainage to Lake Minnetonka will be permitted. Site grading and drainage plans shall be reviewed and subject to the approval of the City Engineer;
n. Prior to construction, approval of all necessary applications and permits as stipulated by law from the Lake Minnetonka Conservation District, Minnehaha Creek Watershed District and appropriate state agencies shall be demonstrated and filed with the city.
Subd. 9. Application evaluation.
a. Upon receipt of an application containing all of the information enumerated in Subd. 7 hereof, the City Council shall review the same.
b. If, in making the review, the Council finds:
(1) That the public health, safety and welfare or public rights might be adversely affected by the rezoning or issuance of a license, the Council shall refer the application to the Planning Commission for a study of the consequences of the proposal upon:
(a) The natural environment;
(b) Public health, safety and welfare;
(c) The possible infringement on the public rights to use the public water;
(d) Any unreasonable infringement or restrictions on the use of existing adjacent residential areas;
c. If a study is ordered, the same shall be carried out by a person or persons competent in the knowledge of environmental protection and urban planning. The person or persons chosen to conduct the study must be approved by the Council prior to the commencement of the study.
d. The applicant shall, prior to the commencement of the study, deposit with the City Administrator/Clerk that sum of money the Council deems necessary to pay for the cost of a study.
e. The completed study shall be filed with the Zoning Administrator before the application is forwarded to the Planning Commission for consideration.
f. The environmental study shall be waived by the City Council in the event a study is ordered by the Minnesota State Environmental Quality Board.
g. The Planning Commission, in making its recommendation to the City Council, and the City Council, in making its decision on the request for the rezoning, shall take into consideration:
(1) The environmental study report, and
(2) The effect the proposed development may have upon the public health, safety, welfare or public right to use the public water.
Subd. 10. Licensing of facilities authorized hereunder.
a. Upon granting of a rezoning pursuant to this chapter, the applicant shall be required, prior to operation, to obtain a license to be issued annually by the City Council.
(1) An application for a license must be submitted to the Zoning Administrator and accompanied by payment of the required license fee. Licenses shall expire on December 31 in each year. Each license will be issued for a period of one year.
(2) The license shall authorize the applicant to operate the facility in accordance with the terms of any conditional use permit, together with any additional requirements determined by the Council.
(3) Renewal of the license shall be granted only provided the operation is in conformance with the terms of the conditional use permit.
b. A license will be issued to the applicant only and is not transferable to another holder. Each license will be issued only for the premises described in the application. A license may not be transferred to another premise without the approval of the City Council. If the licensee is a partnership or a corporation, a change in the identity of any partner or holder of more than 10% of the issued and outstanding stock of the corporation will be deemed a transfer of the license.
c. An application for a license shall be accompanied by a plan, prepared by the applicant, setting forth a procedure providing that seasonal rental of available or unrenewed slips shall be first offered to the city residents.
d. Issuance of a license shall take into consideration the historic use of the site under consideration with respect to the use of power boats. With the exception of power boats necessary for the operation of the facility and publicly-owned watercraft operated by public safety personnel, water harboring of boats on any site in Gideon's Bay shall be limited to sailing boats only. Upon a favorable recommendation by the Planning Commission, the City Council may license a limited number of power boats, provided the essential character of the property as a sailing facility is maintained.
Subd. 11. Termination procedure for license previously issued.
a. If upon inspection by the representative of the City Council it appears the facility is not being maintained or operated in accordance with the terms of the outstanding license:
(1) The licensee shall be informed of the violation in writing by the Zoning Administrator;
(2) The licensee shall be notified it has 20 days to correct the violation;
(3) If the violation is not corrected within the time, the City Council may revoke the license, but not until licensee has been given an opportunity to be heard at a regular meeting of the City Council.
b. Failure to have a valid license in force shall be prima facie evidence of a violation of this chapter.
(1987 Code, § 1201.24) (Ord. 180, passed 5-19-1986; Am. Ord. 443, passed 11-26-2007; Am. Ord. 575, passed 12-14-2020)
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