§ 155.263 CONDITIONAL USES.

   The following are conditional uses allowed in the B-3 District (requires a conditional use permit issued in accordance with the procedures set forth in and regulated by § 155.440):

   (A)   Buildings in excess of height limitations as specified in § 155.266 if compliant with each of the following requirements:

      (1)   For each additional two feet in allowable, actual, roof height calculated according to the Minnesota State Building Code, which is above the maximum building height allowed by § 155.266 of this chapter, front and side yard setbacks shall be increased by a minimum of one foot. Buildings shall not exceed six stories, or 75 feet in height, whichever is less.

      (2)   Buildings shall be setback from a residentially zoned district the following minimum distances:

         (a)   Fifty feet for buildings three stories or 35 feet or less in height.

         (b)   One hundred feet for buildings 36-45 feet in height.

         (c)   Two hundred feet for buildings 46-60 feet in height.

         (d)   Two hundred fifty feet for buildings 61-75 feet in height.

      (3)   The construction shall not limit solar access to abutting and/or neighboring properties.

   (B)   Motels and hotels if the facility provides restaurant and food service with optional on-sale liquor.

   (C)   Retail commercial activities, personal services and food service (cafeteria, delicatessen, coffee shop) as an accessory use if compliant with each of the following requirements:

      (1)   The activity shall be located within a structure whose principal use is not commercial sales.

      (2)   All such activities shall be conducted in a clearly defined area of the principal building reserved exclusively for such use. Said area shall be physically segregated from other principal activities in the building.

      (3)   The area devoted to such activity shall not occupy more than 15% of the gross floor area of the building.

      (4)   Hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. unless specifically modified by the City Council.

      (5)   No directly or indirectly illuminated sign or sign in excess of ten square feet identifying the name of the business shall be visible from the outside of the building.

      (6)   No signs or posters of any type advertising products for sale or services shall be visible from outside the building.

   (D)   Warehousing/indoor storage if the use is an accessory to a permitted use within this District.

   (E)   Towers and wireless facilities. As regulated by Chapter 153.

(Am. Ord. 0605, passed 7-25-06; Am. Ord. 0807, passed 10-14-08; Am. Ord. 1401, passed 1-28-14; Am. Ord. 2001, passed 7-14-20)