HomeMy WebLinkAbout2011-10-24 PACKET 07.1.CITY OF COTTAGE GROVE
MINNESOTA
TO: Planning Commission Members
FROM: John McCool, Senior Planner
DATE: October 14, 2011
RE: Zoning Ordinance Amendments - Commercial Zoning Text and Districts
Each of the other six City advisory commissions and the Economic Development Authority were
invited to participate in evaluating the City's Zoning Ordinance regulations for the City's five com-
mercial zoning districts. The Public Safety, Health and Welfare Commission, Advisory Committee
on Historic Preservation, and Public Works Commission had not yet met prior to the preparation
of this memorandum.Of those individuals that did volunteer, they offered no meeting date or time
preferences. In addition to the advisory commission volunteers, other city staff will also participate
in this process. Volunteers known at this time are listed below:
Economic Development Authority
Chris Reese
Park, Recreation, and Natural Resources Commission
No Volunteer
Public Safety, Health and Welfare Commission
Meeting on Oct. 18
Advisory Committee on Historic Preservation
Meeting on Nov. 8
Human Services /Human Rights Commission
Rick Johnson
Public Works Commission
Meeting on Nov. 14
Environmental Commission
Rick Chase
Planning Commission
Meeting on Oct. 24
Included in this packet is a copy of the Zoning Ordinance regulations for each of the five commer-
cial zoning districts (36 pages). Also included is a List of Uses Allowed in Business Zoning Dis-
tricts." This document is a summary of various business uses that are allowed in each of the
commercial zoning districts. A copy of the Official Zoning Map and the Future Land Use Map
2030 from the adopted Future Vision 2030 Comprehensive Plan are also enclosed.
Excerpts from two other city ordinances that list various business uses in a table format are also
enclosed. The pros and cons for this type of format can be discussed at the meeting.
At the next Planning Commission meeting, we will discuss how to proceed with this task. If work-
shops are to be scheduled, it is suggested that several meeting dates be scheduled in advance.
Enclosures: Commercial Zoning District Regulations
Commercial Zoning District Summary Sheet
Official Zoning Map
Future Land Use Map 2030
Matrix Example No. 1
Matrix Example No. 2
Sterling Codifiers, Inc.
Chapter 10
BUSINESS DISTRICTS
Page 1 of 36
ARTICLE A. B -1 LIMITED BUSINESS DISTRICT
11- 10A -1: PURPOSE:
The B -1 limited business district is intended to provide a district which is related to and may
reasonably adjoin residential districts for the location and development of administrative
office buildings and related office uses which are subject to more restrictive controls. (1971
Code § 28 -58)
11- 10A -2: PERMITTED USES:
No structure or land shall be used except for one or more of the following uses, or uses
deemed similar by the council:
1.Art studios, interior decorating studios, photographic studios and music studios.
2.Banks and other financial institutions without drive - through facilities.
3.Barbershops or beauty shops.
4.Business offices.
5.Clinics for human care.
6.Collection offices or public utilities.
7.Computer services and sales and the sale of office machines other than at retail. It is the
intent of this entry that such uses will be permitted where customers come to the office to
observe demonstrations of the use of equipment, but that it does not permit retail sales or
showrooms for walk -in trade.
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8.Dance and /or music studios.
9.Employment agencies.
10.Funeral homes and mortuaries.
11.Health and physical exercise clubs, having less than three thousand five hundred (3,500)
square feet of gross floor area and with no locker room facilities.
12.Medical and dental office /clinic services.
13.Municipal uses where the use conducted is customarily considered to be an office use.
14.Nursery schools and daycare centers.
15.Offices for administrative, executive, professional, research or similar organizations, and
laboratories having only limited contact with the general public; where these uses are
permitted, no merchandising is permitted to be sold on the premises.
16.Opticians and optometrists.
17.Radio and television studios.
18.Tanning salons.
19.Travel bureaus /agencies.
20.Veterinary offices and clinics; provided, no kennels or treatment areas are located
outside of the building. (1971 Code § 28 -58; amd. Ord. 774, 6 -15 -2005)
11- 10A -3: PERMITTED ACCESSORY USES:
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The following uses shall be permitted accessory uses:
1.Any incidental repair or processing necessary to conduct a permitted principal use.
2.Buildings temporarily located for purposes of construction on the premises, for a period not
to exceed the time necessary to complete such construction.
3. Decorative landscape features.
4.Private garages, off street parking and loading spaces as regulated by this title.
5.Public telephone booths; provided, that all yard requirements are met.
6.Satellite or microwave dishes and the like, provided:
A. The communication sending and /or receiving device is accessory to the primary use
on the site.
B. It is not located within any of the building setbacks adjacent to a public street.
C. It is not located on the side or roof of the structure.
D. Setbacks from other properties are at least equal to the height of the communication
device. In no case shall the height exceed thirty five feet (36).
7.Signs as permitted by the city.
8.Farmers' market, subject to compliance of the criteria established in section 11 -8A -3 of this
title, "Farmers' market on nonresidential property... ".
9.Outside merchandise display and storage or equipment may be displayed and offered for
sale, rental or lease outside the building provided:
A. The merchandise or equipment are adjacent to and project no farther than five feet (5')
from the primary building.
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B. Where sidewalks are present, a minimum access width of four feet (4') must be
provided.
C. Outside display area is limited to a maximum of thirty percent (30 %) of the building
frontage and not to exceed a total of one hundred fifty (150) square feet of area. For
purposes of this entry, a frontage must contain a public or customer entrance or exit
and no space allowed more than two (2) building frontages.
D. Vending machines or cabinets for items such as beverage, ice, DVD rental and
propane are limited to a maximum of two (2) machines or cabinets per building
frontage.
E. Outside display to be maintained in an orderly and attractive manner that does not
detract from the image of the community or adjacent businesses.
F. Outside display should be a general representation of the products sold or rented on
site, not a storage area for inventory on pallets. (1971 Code § 28 -58; amd. 2000 Code;
Ord. 841, 8 -13 -2008; Ord. 885, 10 -20 -2010)
11- 10A -4: CONDITIONAL USES:
No structure or land shall be used for one or more of the following uses except by
conditional use permit:
1.Accessory structures or uses other than those listed as permitted.
2. Electromagnetic communication facilities as regulated in section 11 -4 -7 of this title.
3.Essential service structures, including, but not limited to, buildings such as telephone
stations, booster or pressure stations, elevated tanks, lift stations and electric power
substations.
4.Financial institutions having drive - through facilities.
5.Historical buildings, museums, art institutes, galleries and theaters for the performing arts.
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6.Hospitals for human care; provided, that all buildings be located not less than seventy five
feet (75') from the lot line of any lot in a residential zoning district.
7.Nursing homes, congregate care, rest homes or retirement homes; provided, that the site
shall contain not less than six hundred (600) square feet of lot area for each person to be
accommodated.
8.Off street parking when the principal site of the off street parking abuts on a lot which is
another B or I district and is in the same ownership as the land in the B or I district and
subject to those conditions as set forth in this title and such other conditions as are found
necessary by the council to carry out the intent of this title.
9.Public, parochial and private schools, colleges and universities.
10.Radio and television towers, satellite dishes, microwave dishes. (1971 Code § 28 -58;
amd. Ord. 635, 9 -18 -1996)
11- 10A -5: INTERIM CONDITIONAL USES:
No structure or land shall be used for one or more of the following uses except by interim
conditional use permit:
1.Any use, in the event there is a threatened involuntary conversion of a parcel of land within
a certain time; provided, that all owners, tenants and lessees waive all rights to relocation
benefits and assistance or compensation for leasehold improvements installed pursuant
to the conditional use, by written agreement satisfactory to the condemning authority.
2.Blacktop or crushing materials for roadway materials.
3.Carnivals, circuses or festivals.
4.Housing development promotional signs.
5.Stockpiling of material.
6.Tents or other temporary structures. (1971 Code § 28 -58)
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11- 10A -6: DEVELOPMENT STANDARDS:
A. Structure Height: No structure or building shall exceed thirty five feet (35') in height except
as provided in this title.
B. Screening: Wherever a B -1 limited business district abuts or is across the street, but not
on the side considered to be the front, from an R district, a screen not less than fifty
percent (50 %) opaque nor less than six feet (6') in height shall be erected and
maintained in the front portion of the lot or along the side or rear property line that abuts
the R district, except adjacent to a street, where it shall be not less than three (3) nor
more than four feet (4') in height.
C. Lot Requirements:
1. The following minimum requirements shall be observed, subject to additional
requirements, exceptions and modifications as set forth in this title:
Lot area 11 10,000 square feet
Front yard 30 feet
Lot width
100 feet
Side yard, interior:
10 feet
Adjacent to an R district
30 feet
Adjacent to a street
30 feet
Rear yard
35 feet
2. Any area zoned B -1 shall include at least two (2) acres, unless the land is adjacent to
an existing commercial area. (1971 Code § 28 -58)
ARTICLE B. B -2 RETAIL BUSINESS DISTRICT
11- 10B -1: PURPOSE:
The purpose of the B -2 retail business district is to encourage retail sales and services by
grouping businesses in patterns of workable relationships to minimize the influence on
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surrounding residential neighborhoods by limitation and control of permitted uses. (1971
Code § 28 -59)
This section has been affected by a recently passed ordinance, 893 - DEFINITIONS. Go to
new ordinance.
11- 1013-2: PERMITTED USES:
No structure or land shall be used except for one or more of the following uses, or uses
deemed similar by the council:
1.Uses permitted in B -1 limited business district (section 11 -10A -2 of this chapter), except
funeral homes and mortuaries.
2.Agricultural purposes.
3.Animal hospitals or veterinary clinics, provided all phases of the business conducted upon
the premises be within a building where noises and odors are not evident to adjacent
properties.
4.Antique shops.
5.Apparel shops.
6.Appliance sales and service.
7.Art and school supplies.
8.Automotive accessories, excluding maintenance or service.
9.Bakery goods and baking of goods for retail sales on premises and limited distribution and
catering.
10.Bicycle sales and repair.
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11.13ody art establishments provided the use complies with all licensing requirements and is
separated by a minimum of five hundred feet (500') from the property line from other
body art establishments, adult uses, and educational institutions.
12.Books, magazines and stationery and newsstands.
13.Business machine sales and repair establishments.
14.Camera and photographic supplies.
15.Candy, ice cream, popcorn, nuts, frozen dessert, soft drinks or confectionery stores,
excluding drive -up type.
16.Carpet, rug, linoleum and floor coverings.
17.China and glassware.
18.Christmas tree sales lots.
19.Clothing dry cleaning and laundry pick up stations, including incidental pressing and
repair.
20.Clothing stores, including dressmaking, millinery and tailor shops.
21.Commercial parking for passenger vehicles in accordance with section 11 -3 -9 of this title.
22.Costume and formal wear rental /sales.
23.Dairy products, retail only.
24. Delicatessens.
25.Department and variety.
26.Drugs.
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27.Dry goods and fabrics.
28.Electrical appliance sales and repair.
29.Florists.
30.Frozen foods and meat markets but not including locker plants or meat slaughterhouses.
31.Fur goods.
32.Furniture, upholstering, picture framing, interior decorating studios.
33.Gifts.
34.Groceries.
35.Hardware.
36.Hobby supplies.
37. Indoor food, meat, fish, fruit, and vegetable markets.
38.Jewelry, timepieces, collectibles, silverware sales and repairs.
39.1-aundromats.
40.1-awn and garden centers with no exterior storage and display.
41.Leather goods and luggage.
421ocksmiths.
43.Municipal buildings and structures.
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44.Music /record stores.
45.Musical instrument sales and repair.
46.Off -sale liquor.
47.Office supply and equipment.
48.Orthopedic and medical appliances.
49.Paint and wallpaper.
50.Pet shops, including grooming.
51.Photographic studios, including the development of film and pictures.
52.Postal substations and post offices.
53.Print shops /photographic copying.
54.Radio and television sales and service.
55.Restaurants, classes 1, 2, and 3, except for drive - through.
56.Sewing centers, machine sales, and sewing classes.
57.Shoe sales and repair.
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58.Sign shops, limited to over the counter retail sales of signs, banners or other related
graphic imagery.
59.Signs in accordance with provisions of title 9. chapter 8 of this code.
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60.Sporting goods.
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61.Temporary buildings for construction purposes for a period not to exceed the completion
date of such construction.
62.Video sales and rental. (1971 Code § 28 -59; amd. 2000 Code; Ord. 825, 10 -3 -2007)
11- 1013-3: PERMITTED ACCESSORY USES:
No accessory structure or use of land shall be permitted except for one or more of the
following uses:
1.Any accessory use permitted in the B -1 district (section 11 -10A -3 of this chapter).
2.Any incidental repair, processing or storage necessary to conduct a permitted principal
use; provided, that such accessory use shall not occupy more than twenty percent (20 %)
of the gross floor area of the principal building.
3.Automated car wash in conjunction with principal use.
4.Business signs as permitted.
5.Off street parking and off street loading. (1971 Code § 28 -59)
This section has been affected by a recently passed ordinance, 893 - DEFINITIONS. Go to
new ordinance.
11- 1013-4: CONDITIONAL USES:
No structure or land shall be used for one or more of the following uses except by
conditional use permit:
Any conditional uses as permitted in the B -1 district (section 11 -10A -4 of this chapter).
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1.Accessory buildings and structures.
2.Auction establishments, indoor only (including storage), and not for livestock, motorized
vehicles, or farm implement equipment.
3-Commercial kennels with outdoor runs.
4.Commercial recreation uses as listed below:
A. Amusement centers where mechanical, electrical and electronic games are played.
B. Archery and shooting ranges.
C. Driving ranges.
D. Miniature golf.
E. Pool halls.
F. Swimming pools.
G. Tennis courts and handball courts, including racquetball and other racket games.
H. Three (3) or more mechanical, electrical or electronic games.
5.Drive- through bank facilities.
6.Drive- through photo processing pick up.
7.Drive- through restaurants.
8. Electromagnetic communication facilities as regulated in section 11 -4 -7 of this title.
9.Full service car and light duty truck washes.
10.Health and physical exercise clubs greater than three thousand five hundred (3,500)
square feet of gross floor area.
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111awn and garden centers having exterior storage and display, when in conjunction with
principal use.
12.Motor fuel stations.
13.Nonprofit lodges and clubs; provided, that they are not less than seventy five feet (75')
from a residential district.
14.0n -sale liquor stores and restaurants serving liquor, wine, or 3.2 beer.
15.Open sales lots in conjunction with permitted uses.
16.Public, quasi - public, and essential service structures that are not permitted uses,
including, but not limited to, buildings such as telephone exchange stations, booster or
pressure stations, lift stations, electric power substations and public utility uses.
17.Recycling collection points, exterior storage.
18.Temporary outdoor promotional and merchandising activities (e.g., craft sales, food
stands, car washes, flea markets, and other activities /events deemed similar by the
community development director and not meeting title 5, chapter 5 of this code) lasting
four (4) or more consecutive days and directed at the general public may be allowed as
an accessory use on the premises of permitted and conditional uses, subject to the
following performance standards:
A. The outdoor event activity shall not be more than once per week.
B. Tents, stands, and other similar temporary structures and temporary vehicles and
mobile equipment may be utilized, provided they are clearly identified on the submitted
plan, and provided that it is determined by the director of community development that
they will not impair parking capacity, emergency access, or the safe and efficient
movement of pedestrian and vehicle traffic on or off the site.
C. The submitted plan clearly demonstrates that adequate off street parking for the
proposed event can and will be provided for the duration of the event. Determination of
compliance with this requirement shall be made by the director of community
development who shall consider the nature of the event and the applicable parking
requirements of this title.
D. Parking on public rights of way and streets is prohibited.
E. The activity or event shall not interrupt vehicular circulation on the site or obstruct
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parking spaces needed by permanent businesses established on the site.
F. Shall have written authorization from property owner.
G. The business operator shall secure all applicable licenses and approvals from the
city, Washington County, or other appropriate jurisdictions.
H. Signage related to the event shall be in compliance with the city's sign ordinance.
I. All sales must be conducted at least thirty feet (30') from the right of way line of any
street and one hundred feet (100') from any developed property zoned for residential
use.
J. Hours of operation shall be limited by permit based upon location and proposed
activity.
K. Adequate sanitary facilities are provided on site.
L. No permanent or temporary lighting shall be installed without an electrical permit
and inspection.
M. The site shall be cleared of all debris and all temporary structures at the end of the
event.
N. The display of items shall be limited to representative samples and arranged in a
compact manner as reasonably practicable.
O. The conditional use permit shall be valid for a period not to exceed three (3) years
from the date of approval.
19.Theaters, indoor. (Ord. 791, 5 -3 -2006; amd. Ord. 841, 8 -13 -2008)
11A013-5: INTERIM CONDITIONAL USES:
No structure or land shall be used for one or more of the following uses except by interim
conditional use permit:
1.Any interim conditional uses as permitted in the B -1 district (section 11 -10A -5 of this
chapter).
2.Seasonal sales of landscaping materials or the like. (Ord. 665, 6 -16 -1999)
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11- 10B -6: DEVELOPMENT STANDARDS:
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A. Building Height: No limit shall be placed on the height of buildings in the B -2 district;
except, that buildings over thirty five feet (35') shall be subject to receiving a conditional
use permit as set forth in this title.
B. Screening: Wherever a B -2 retail business district abuts an R district, a screen not less
than fifty percent (50 %) opaque nor less than six feet (6') in height shall be erected and
maintained along the side or rear property line that abuts the R district, except adjacent
to a street, where it shall be not less than three (3) nor more than four feet (4') in height.
C. Lot Requirements:
1. The following minimum requirements shall be observed, subject to additional
requirements, exceptions and modifications as set forth in this title:
Front yard 3 Lot
width
Side yard, interior: Adjacent to an R distri Adjacent to a street
Rear yard: Abutting an R district
2. Any area zoned for B -2 use must include at least two (2) acres, unless the land is
adjacent to an existing commercial area. (1971 Code § 28 -59)
ARTICLE C. B -3 GENERAL BUSINESS DISTRICT
11- 10C -1: PURPOSE:
The purpose of the General Business District is to provide centralized areas for retail
business areas, for highway- or automobile- oriented businesses, and for quasi - industrial and
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wholesale enterprises that do not need an industrial setting but have considerable customer
contact. (1971 Code § 28 -60)
This section has been affected by a recently passed ordinance, 893 - DEFINITIONS. Go to
new ordinance.
11- 10C -2: PERMITTED USE:
S
No structure or land shall be used except for one or more of the following uses, or uses
deemed similar by the City Council:
1. All permitted uses within the B -2 Retail Business District (Section 11 -10B -2 of this Title).
2. Air - conditioning and heating sales and repair establishments.
3. Automobile repair, both major and minor repair, when conducted entirely within a building.
In addition, this paragraph shall not be construed to include automobile, tractor, or
machinery salvage and used parts yards.
4. Automobile, trailer, recreational vehicles, boats /marine, and farm implement
establishments for display, hire, service, and sales conducted entirely within a building,
including, as incidental to these major uses, all repair work in connection with their own
and customers' vehicles.
5. Building materials; provided, that they are conducted entirely within an enclosed structure.
6. Casket supplies and monument sales.
7. Postal offices.
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8. Rental services, including the leasing of automobiles, utility trailers, household equipment
and similar rental equipment when conducted entirely inside a building. (1971 Code § 28-
60)
11- 10C -3: PERMITTED ACCESSORY USES:
No accessory structure or use of land shall be permitted except for one or more of the
following uses:
1. Any accessory use permitted in the B -2 District (Section 11 -10B -3 of this Title).
2. Any incidental repair or processing necessary to conduct a permitted use; provided, that
such accessory use shall not exceed thirty percent (30 %) of the floor space of the
principal building.
3. Business sign as permitted. (1971 Code § 28 -60)
This section has been affected by a recently passed ordinance, 893 - DEFINITIONS. Go to
new ordinance.
11- 10C -4: CONDITIONAL USES:
No structure or land shall be used for one or more of the following uses except by
conditional use permit:
1. Any conditional use permitted in the B -2 District (Section 11 -10B -4 of this Title).
2. Armories, convention halls, sports arenas and stadiums.
3. Automotive, motorcycle, trailer, recreation vehicles for display, hire, service, rental and /or
sales conducted outside a building.
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4. Automotive repair, both major and minor repair, when conducted outside a building. This
shall not be construed to include automobile, tractor, or machinery salvage and used
parts yards.
5. Bus passenger depots /terminals.
6. Business or vocational schools.
7. Coin operated or automatic self -serve car and light duty truck washes.
8. Commercial recreation (outdoor).
9. Convention, banquet and exhibition halls.
10. Drive - through businesses subject to the requirements specified in this title.
11. Electrical service, heating, plumbing, appliances, upholstery or air conditioning service
shops; provided, that they do not employ more than six (6) persons in repair or
processing.
12. Electromagnetic communication facilities as regulated in section 11 -4 -7 of this title.
13. Exterior storage yards for rental services, lumberyards, and similar uses.
14. Greenhouses and nurseries.
15. Hotels and motels.
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16. Open sales lots or open storage when incidental to a principal use.
17. Theaters, drive -in.
18. Motor vehicle sales and service as regulated in section 11 -4 -9 of this title.
19. Currency exchanges subject to the following performance standards:
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A. Shall be a minimum of one mile away from another licensed currency exchange
business. The distance is measured by a straight line from the closest points of the
property boundary lines involved.
B. Comply with chapter 53A of the Minnesota statutes.
C. Any person, firm, partnership or corporation wishing to operate a currency exchange
establishment must obtain annual approval by the city by December 31 of each year.
D. Shall be a minimum of eight hundred feet (800') away from secondhand goods stores,
pawnshops, residential zoning districts and /or five hundred feet (500') from daycare
facilities. The distance is a straight line measured from the closest points of the
property boundary lines involved. (1971 Code § 28 -60; amd. Ord. 635, 9 -18 -1996; Ord.
762, 5 -5 -2004; Ord. 791, 5 -3 -2006)
11- 10C -5: INTERIM CONDITIONAL USES:
No structure or land shall be used for one or more of the following uses except by interim
conditional use permit:
1. Any interim conditional uses as permitted in the B -2 district (section 11 -10B -5 of this
chapter). (1971 Code § 28 -60)
11- 10C -6: DEVELOPMENT STANDARDS:
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A. Building Height: No limit shall be placed on the height of buildings in the B -3 district;
except, that buildings over thirty five feet (35') shall be subject to receiving a conditional
use permit as set forth in this title.
B. Screening: Wherever a B -3 general business district abuts an R district, a screen not less
than fifty percent (50 %) opaque nor less than six feet (6') in height; except adjacent to a
street, where it shall be not less than three (3) nor more than four feet (4') in height; shall
be erected and maintained along the side or rear property line that abuts the R district.
C. Lot Requirements:
1. The following minimum requirements shall be observed, subject to additional
requirements, exceptions and modifications as set forth in this title:
Lot width
100 feet
Front yard
30 feet
Side yard, interior
Adjacent to an R district
Adjacent to a street
10 feet
75 feet
30 feet
Rear yard
Adjacent to an R district
35 feet
75 feet
2. Any area zoned B -3 shall include at least two (2) acres, unless the land is adjacent to
an existing commercial area. (1971 Code § 28 -60)
Footnote 1: See subsections 11 -5 -813 and C of this Title for permitted and accessory
adult uses.
ARTICLE D. P -B PLANNED BUSINESS DISTRICT
11- 10D -1: PURPOSE:
The P -B Planned Business District is intended to provide for the mix of suitable retail,
commercial and industrial uses which are complimentary and ancillary to the Cottage Grove
Industrial Park. The District allows for a blend of manufacturing and retail uses which have
significant customer interaction. (Ord. 623, 1 -17 -1996)
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This section has been affected by a recently passed ordinance, 893 - DEFINITIONS. Go to
new ordinance.
11- 10D -2: PERMITTED USES:
No structure or land shall be used except for one or more of the following uses.
1.Agricultural purposes.
2.Air- conditioning and heating sales and repair.
3.Appliance sales and service.
4.Assembly and packaging (inside a building).
5.Banks and financial institutions (without drive - through facilities).
6.Barbershops or beauty shops.
7.Book, magazine, stationery, newsstands.
8.Business machine sales and repair establishments.
9.Business offices.
10.Cabinet making.
11.Camera and photographic supply.
12.Clothing dry cleaning /laundry pickup stations (including pressing /repair).
13.Computer services and sales.
14.Credit card /bank processing.
15.Electrical appliance sales and repair.
16.Employment agencies.
17.Essential services (public utility).
18.Florists, excluding greenhouses.
19.Furniture repair, refinish shops and sales.
20.Health and physical exercise clubs.
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21.Hotels and motels.
22.Manufacture of electronic instruments.
23.Medical and dental office /clinic services.
24.Municipal buildings and structures.
25.Municipal offices.
26.Nursery schools and daycare centers.
27.Office supply /equipment.
28.Offices: administrative, executive, professional, research.
29.Opticians and optometrists.
30.Orthopedic /medical appliances.
31.Pharmacies, retail.
32.Photographic studios.
33.Photographic supplies.
34.Plumbing service shops.
35.Print shops /photographic copying.
36.Rental services, including leasing of automobiles /utility trailers /household equipment
(inside a building).
37.Restaurants, classes 1 and 2 (except drive - through).
38.Shoe sales /repair.
39.Sign shops (inside a building).
40.Sign shops, limited to over the counter retail sales of signs, banners, or other related
graphic imagery.
41.Travel bureaus /agencies.
42.Veterinarian hospitals /clinics (inside a building). (Ord. 623, 1 -17 -1996; amd. 2000 Code)
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11- 10D -3: PERMITTED ACCESSORY USES:
The following accessory uses shall be permitted within the planned business district: (Ord.
841, 8 -13 -2008)
1.Essential security and safety facilities as approved by the city council.
2.Off street parking, storage garage and buildings and loading areas when incidental and
subordinate to any permitted use and as regulated in this title.
3.Signs as regulated in title 9, chapter 8 of this code.
4.Temporary buildings for purposes of construction for the construction period only.
5. Farmers' market, subject to compliance of the criteria established in section 11 -8A -3 of this
title, entry #6, "Farmers' market on nonresidential property... ". (Ord. 623, 1 -17 -1996;
amd. Ord. 841, 8 -13 -2008)
This section has been affected by a recently passed ordinance, 893 - DEFINITIONS. Go to
new ordinance.
11- 10D -4: CONDITIONAL USES:
No structure or land shall be used for one or more of the following uses except by
conditional use permit:
1.13anks and financial institutions (with drive - through facilities).
2.Convention, banquet, and exhibition halls.
3.Hospitals.
4.0n -sale liquor stores and restaurants serving liquor, wine or 3.2 beer.
5.Restaurants, classes 1 and 2 (with drive - through). (Ord. 623, 1 -17 -1996; amd. 2000 Code)
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11- 10D -5: INTERIM CONDITIONAL USES:
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No structure or land shall be used for one or more of the following uses except by interim
conditional use permit:
(Reserved) (Ord. 623, 1 -17 -1996)
11- 10D -6: DEVELOPMENT STANDARDS:
The following minimum requirements shall be observed, subject to additional requirements,
exceptions and modifications as set forth in this title:
(Ord. 623, 1 -17 -1996)
11- 1013-7: PERFORMANCE STANDARDS:
A. Purpose: The purpose of this Section is to establish regulations and standards for the
installation and operation of uses, based upon consideration of the potential
objectionable characteristics of such uses. Further, this Section prescribes procedures
and methods of measurement of industrial characteristics with which permitted uses
must comply.
B. Permit Procedures And Requirements: Any use permitted in the P -B District, whether
such use is permitted as a principal, conditional or accessory use, shall be subject to
these standards:
1. Permit Procedure: Before the City issues a building permit for a use in the Planned
Business District, the applicant shall furnish the Director of Community Development
sufficient information to ensure that all performance standards and site development
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acre
100 feet
rd setback
d setback:
r 1
g a street
30 feet
10 feet
30 feet
d setback
10 feet
height
45 feet
building coverage
35 percent
(Ord. 623, 1 -17 -1996)
11- 1013-7: PERFORMANCE STANDARDS:
A. Purpose: The purpose of this Section is to establish regulations and standards for the
installation and operation of uses, based upon consideration of the potential
objectionable characteristics of such uses. Further, this Section prescribes procedures
and methods of measurement of industrial characteristics with which permitted uses
must comply.
B. Permit Procedures And Requirements: Any use permitted in the P -B District, whether
such use is permitted as a principal, conditional or accessory use, shall be subject to
these standards:
1. Permit Procedure: Before the City issues a building permit for a use in the Planned
Business District, the applicant shall furnish the Director of Community Development
sufficient information to ensure that all performance standards and site development
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standards set forth in this Title will be complied with. In order to determine whether or
not the applicant will meet such standards, the Director of Community Development
may require the applicant to submit the following information:
a. A site plan showing the location of all present and proposed structures, drives,
parking lots, waste disposal areas, bulk storage areas, streets, on -site storm water
detention ponds, or other significant features on or within two hundred feet (200') of
the proposed site.
b. Other data and certification as may reasonably be required by the Director of
Community Development to reach a determination.
2. Performance Standards Enumerated: No structure or premises within the P -B District
shall be used for one or more of the following uses unless its use complies with the
following regulations:
a. Businesses To Be Conducted Within A Building: Except for off - street vehicular
parking, off - street loading, or as specifically permitted in other sections of this Title,
all business, service, storage, merchandise, display, repair, waste disposal, and
processing shall be conducted wholly within a building.
b. Waste Material:
(1) All liquid and solid wastes shall be identified in all processes and operations and
approved disposal methods identified. All waste discharged to the sanitary sewer
shall meet the requirements of the City and the Rules and Regulations of the
Metropolitan Council Wastewater Services. No waste will be permitted to be
discharged into the storm sewer system; provided, that this does not exclude
storm drainage, cooling water, and other water not prohibited by any law, rule,
regulation, or ordinance. Storm drainage shall meet the requirements of all State
laws, rules, regulations, watershed district and City requirements as may be
amended. Storm water drainage shall be protected from pollution and
contaminants.
(2) All solid waste material, debris, rubbish, junk, refuse or garbage shall be kept
within a completely enclosed building or properly contained within a closed
container specifically designed for such purpose. In no case shall noxious or
odorous refuse or garbage be kept outside of a completely enclosed building for a
period of time exceeding the interval of refuse collection by commercial rubbish
haulers.
(3) Hazardous wastes generated from any activity or operation shall be properly
contained, labeled and stored for transfer to an authorized processing, storage or
burial facility, according to the laws of Federal, State, and local requirements.
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c. Landscaping: Open landscaped and green areas left in a natural state shall be kept
free of litter, debris, and noxious weeds.
d. Vehicles:
(1) No storage, display or parking of vehicles shall be permitted in any required yard
or landscaped areas.
(2) No commercial vehicle, Class I or Class Il, shall park in front of the principal
structure.
e. Utility Lines: All utility service lines including electric, gas, water, sanitary sewer,
telephone, and cable shall be placed underground at the owner's expense for all
new structures or new additions which expand the gross square footage by more
than fifty percent (50 %), and in those instances in which any new service is provided
to an existing building.
f. Loading Docks: Loading docks shall not be permitted along the side of a building
which faces a public street.
3. Compliance; Investigations And Tests: In order to ensure compliance with the
performance standards set forth above, the City Council may require the owner or
operator of any use to have made such investigations and /or tests as may be required
to show adherence to the performance standards. Such investigations and /or tests as
are required to be made shall be carried out by an independent testing organization as
may be selected or approved by the City. The cost incurred in such investigation or
testing shall be shared equally by the owner or operator and the City unless the
investigations and tests disclose noncompliance with the performance standards; in
which case, the investigation or testing shall be paid by the owner or operator. (Ord.
623, 1 -17 -1996; amd. 2000 Code)
ARTICLE E. B -N NEIGHBORHOOD COMMERCIAL
BUSINESS DISTRICT
11- 10E -1: PURPOSE:
The B -N neighborhood commercial business district is a commercial district intended to
provide a mix of convenience oriented retail sales and services. The district is related to and
may reasonably adjoin residential districts for the location and development of retail and
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office uses that are subject to more restrictive controls than in other business districts. B -N
neighborhood commercial business districts are intended to be compact districts that serve
local rather than regional commercial needs. Developments in such districts are intended to
function as a neighborhood center with internal traffic and pedestrian systems that facilitate
access to all properties within the district. Because of their proximity to residential areas,
developments in such districts are intended to be aesthetically consistent within the district
and to complement adjacent residential development through the use of landscaping in and
around the district to provide appropriate screening. (Ord. 732, 5 -21 -2003)
11- 10E -2: PERMITTED USES:
No structure or land shall be used except for one or more of the following uses, or uses
deemed similar by the council:
1.Antique shops.
2. Apparel shops.
3. Appliance and electronics sales and service.
4. Art and school supplies.
5. Art studios, interior decorating studios or stores, photographic studios and music studios.
6.Bakery goods and baking of goods for retail sales on premises and limited distribution and
catering.
7. Banks and other financial institutions without drive - through facilities.
8.Barbershops or beauty shops.
9. Bicycle sales and repair.
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10. Books, magazines, cards, stationery, and newsstands.
11. Camera and photographic supplies.
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12. Candy, ice cream, popcorn, nuts, frozen dessert, soft drinks or confectionery stores,
excluding drive -up type.
13. China and glassware.
14. Clothing dry cleaning and laundry pick up stations, including incidental pressing and
repair. Does not include on site dry cleaning processing.
15. Clothing stores, including dressmaking, millinery and tailor shops.
16.Costume and formal wear rental /sales.
17.Dairy products, retail only.
18.Dance studios.
19. Delicatessens.
20. Drugstores.
21. Dry goods and fabrics.
22. Florists.
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23. Frozen foods and meat markets but not including locker plants or meat slaughterhouses.
24. Furniture, upholstering, picture framing.
25. Hardware.
26. Hobby supplies.
27. Indoor food, meat, fish, fruit, and vegetable markets.
28. Jewelry, timepieces, collectibles, silverware sales and repairs.
29. Leather goods and luggage.
30. Liquor stores of three thousand (3,000) square feet or less.
31. Locksmiths.
32. Medical, optical, and dental office /clinic services.
33. Municipal uses with a customer service orientation.
34. Music /record stores.
35. Nursery schools and daycare centers for all ages - adults and kids.
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36. Orthopedic and medical appliances.
37. Paint and wallpaper.
38. Pet shops, including grooming.
39. Postal substations.
40. Print shops /photographic copying.
41. Professional and scientific instrument sales and repair.
42. Public utility collection point.
43. Restaurants, classes 1, 2, and 3, except for drive - through.
44. Sewing centers, machine sales, and sewing classes.
45. Shoe sales and repair.
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46. Sign shops, limited to over the counter retail sales of signs, banners, or other related
graphic imagery.
47. Sporting goods.
48. Tanning salons.
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49. Toy stores.
50. Travel bureaus /agencies.
51. Video sales and rental. (Ord. 732, 5 -21 -2003)
11- 10E -3: PERMITTED ACCESSORY USES:
The following uses shall be permitted accessory uses:
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1. Any incidental repair, processing, or storage necessary to conduct a permitted principal
use; provided, that such accessory use shall not occupy more than twenty percent (20 %)
of the gross floor area of the principal building.
2. Buildings temporarily located for purposes of construction on the premises, for a period
not to exceed the time necessary to complete such construction.
3. Business signs as permitted.
4. Decorative landscape features.
5. Off street parking and off street loading. Gas canopy lighting must be recessed flush
mounted lighting.
6. Public telephone booths; provided, that all yard requirements are met.
7.Farmers' market, subject to compliance of the criteria established in section 11 -8A -3 of this
title, entry #6, "Farmers' market on nonresidential property... ". (Ord. 732, 5 -21 -2003;
amd. Ord. 841, 8 -13 -2008)
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11- 10E -4: CONDITIONAL USES:
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No structure or land shall be used for one or more of the following uses except by
conditional use permit:
1. Drive - through banks:
A. Each drive - through must have stacking for six (6) vehicles.
B. The drive - through must have a separated designated drive aisle.
C. The drive - through is limited to two (2) drive aisles in total.
2. Motor fuel stations:
A. Only one gas station /convenience center is permitted per neighborhood commercial
district.
B. The total square footage for the gas station /convenience center and any accessory
structures, including a car wash is limited to four thousand (4,000) square feet.
C. The station is limited to four (4) pumps, eight (8) pumping stations, unless, after
consideration of a traffic study, the city council finds that additional pumps are
necessary to reduce negative traffic impacts.
D. The canopy must be located away from adjoining residential neighborhoods.
E. Canopy lighting must be recessed flush mounted.
F. The canopy face shall be unlit except for the amount allocated to signage.
G. The hours of operation for the gas station /convenience store shall not exceed five
o'clock (5:00) A.M. to eleven o'clock (11:00) P.M. The hours of operation for the car
wash, if applicable, shall not exceed six o'clock (6:00) A.M. to ten o'clock (10:00) P.M.
H. The canopy must meet the same setbacks as the gas station /convenience center
listed in subsection 11- 10E -5C of this article.
I. The canopy size cannot exceed the aggregate square footage of the other buildings on
the site. (Ord. 732, 5 -21 -2003)
11- 10E -5: DEVELOPMENT STANDARDS:
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A. Structure Height: No structure or building shall exceed twenty five feet (25') in height
except as provided in this title. Height greater than twenty five feet (26), but not
exceeding thirty five feet (35'), would be considered if it is deemed that the expanded
height improves the visual aesthetics of the building. Special consideration will be given
for buildings with hip, gabled, or mansard roofs that would mimic surrounding residential
development.
B. Screening And Landscaping:
1. Berms: Wherever a B -N neighborhood commercial business district abuts or is across
the street from a residential district, earthen berms at least four feet (4) in height with
landscaping must be erected and maintained along the property lines that face the
residential district. The city council may waive compliance with this paragraph if it finds
that site topography and tree preservation provide equivalent natural screening without
berming.
2. Landscape Screening: Landscaping shall consist of compact evergreen or deciduous
hedge and over and under story trees in a buffer strip at least twelve feet (12') in width.
At planting, hedge material must be two and one -half feet (2 1 /2') in height and
deciduous trees must be at least five feet (6) in height and with a minimum of two and
one -half inch (2 caliper. Coniferous trees must be at least six feet (6) in height.
3. Parking Screening: Where any off street parking area contains more than four (4)
parking spaces, screening shall be placed on each side adjoining a residential use or a
public street.
4. Loading Area And Loading Dock Screening: All loading docks shall be screened from
view on the property's street frontage(s), or from the neighborhood commercial district
boundary by a wall, earth berms or plant material or combination of these at least ten
feet (10') in height. Such wall shall be designed to be harmonious with the structure
having the loading dock.
C. Lot Requirements: The following minimum requirements shall be observed, subject to
additional requirements, exceptions and modifications as set forth in this title:
Building setback: front, side 30 feet
and rear yard from exterior
district boundaries.
feet
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D. District Requirements:
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1. Size Limitation: A B -N neighborhood commercial business district may not exceed five
(5) acres in size.
2. Location Limitation: B -N neighborhood commercial business districts must abut upon a
designated arterial or collector street.
E. General Performance Standards: Uses within the B -N neighborhood commercial business
district must comply with the requirements in chapter 6 of this title or the requirements of
this section, whichever is more restrictive.
F. Signs:
1. Monument signs must be installed to denote the overall development project within the
district.
2. Covenants must be recorded to ensure consistency of signage for all properties in the
district. The covenants must identify permitted sizes, locations, and types of signage.
3. Each tenant within the district is permitted one temporary sign for a period not to
exceed thirty (30) days.
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G. Parking And Traffic Circulation:
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1. The number of parking spaces may not exceed twenty percent (20 %) of the minimum
requirements set forth in section 11 -3 -9 of this title.
2. The district may be designed to have shared parking and shared private access,
provided that traffic safety and circulation are not compromised, in the judgment of the
city council. A traffic study may be required by the city, assessing the ability of shared
parking opportunities.
3. The district must include an internal street system that connects properties within the
district.
4. Pedestrian walkways must be provided that connect properties within the district and
provide connection to adjoining residential neighborhoods.
H. Additional Use Restrictions:
1. Area Limitation On Uses: No single use may occupy more than seven thousand
(7,000) square feet in a building.
I. Site Design Elements:
1. Entry points to the district must be designed with a common theme. The entrances
shall be enhanced with a combination of landscaping and built material to denote the
entrance to the site.
2. Benches, trash receptacles, and outdoor ashtrays must be of a color and style
compatible with the project architecture.
3. Sidewalks in front of retail shops must incorporate planting beds or planters against
any wall area that exceeds four feet (4') in length.
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4. Building architecture must be complementary to existing residential development in the
area, and all buildings within the district must maintain a single architectural theme with
consistent use of colors and exterior materials.
5. Exterior materials must be predominately, at least seventy percent (70 %), brick, stone
and glass on the front elevation. Brick, stone, integrally colored rock face concrete
block, glass, or equivalent products or better on the remaining sides and rear of
structures. Structures must have a facade articulation of base, middle and top.
Transparent doors and windows must not exceed thirty percent (30 %) of the total front
facade.
6. Three hundred sixty degree (360 architecture is required. All sides of all buildings are
to be treated with the same architectural style, use of materials, and details as the front
elevation of the building, as determined by the city. (Ord. 732, 5 -21 -2003)
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LIST OF USES ALLOWED IN BUSINESS ZONING DISTRICTS
A — Accessory Use
CUP — Conditional Use Permit
P — Permitted Use
Zoning
Districts
USE
B -1
B -2
B -3
P -B
B -N
Accessory buildings and structures
CUP
CUP
Accessory structures or uses other than those listed as permitted
CUP
CUP
CUP
Air-conditioning and heating sales and repair establishments
P
P
Agricultural purposes
P
P
P
Armories, convention halls, sports arenas and stadiums
CUP
Animal hospitals or veterinary clinics, provided all phases of the
business conducted upon the premises be within a building where
noises and odors are not evident to adjacent properties
P
P
Antique shops
P
P
P
Any incidental repair or processing necessary to conduct a permitted
principal use
A
A
A
Any incidental repair, processing or storage necessary to conduct a
permitted principal use; provided, that such accessory use shall not
occupy more than twenty percent (20 %) of the gross floor area of the
principal building
A
A
A
Any incidental repair, processing or storage necessary to conduct a
permitted use; provided, that such accessory use shall not exceed
thirty percent (30 %) of the floor space of the principal building
A
Any use, in the event there is a threatened involuntary conversion of a
parcel of land within a certain time; provided, that all owners, tenants
and lessees waive all rights to relocation benefits and assistance or
compensation for leasehold improvements installed pursuant to the
conditional use, by written agreement satisfactory to the condemning
authorit
ICUP
ICUP
ICUP
Apparel shops
P
P
P
Appliance and electronics sales and service
P
Appliance sales and service
P
P
P
Art and school supplies
P
P
P
Art studios, interior decorating studios, photographic studios and music
studios.
P
P
P
P
Assembly and packaging (inside a building)
P
Auction establishments, indoor only (including storage), and not for
livestock, motorized vehicles, or farm implement equipment
CUP
CUP
Automated car wash in conjunction with principal use
A
A
GAplanning\JM \ORD \Business Distric Matrix of Uses 5- 11- 09.doc
LIST OF USES ALLOWED IN BUSINESS ZONING DISTRICTS
USE
B -1
B -2
B -3
P -B
B -N
Automotive accessories, excluding maintenance or service
P
P
Automotive, motorcycle, trailer, recreation vehicles for display, hire,
service, rental and /or sales conducted outside a building
CUP
Automobile repair, both major and minor repair, when conducted
entirely within a building. In addition, this paragraph shall not be
construed to include automobile, tractor, or machinery salvage and
used parts yards
P
Automotive repair, both major and minor repair, when conducted
outside a building. This shall not be construed to include automobile,
tractor, or machinery salvage and used parts yards
CUP
Automobile, trailer, recreational vehicles, boats /marine, and farm
implement establishments for display, hire, service, and sales
conducted entirely within a building, including, as incidental to these
major uses, all repair work in connection with their own and customers'
vehicles
P
Bakery goods and baking of goods for retail sales on premises and
limited distribution and catering
P
P
P
Banks and financial institutions with drive - through facilities)
CUP
Banks and other financial institutions without drive - through facilities
P
P
P
P
Banks and financial institutions (without drive - through facilities )
P
Barbershops or beauty shops
P
P
P
P
P
Bicycle sales and repair
P
P
P
Blacktop or crushing materials for roadway materials
ICUP
ICUP
ICUP
Body art establishments provided the use complies with all licensing
requirements and is separated by a minimum of five hundred feet
(500') from the property line from other body art establishments, adult
uses, and educational institutions
P
P
Books, magazines and stationery and newsstands
P
P
Books, magazines, cards, stationery, and newsstands
P
Book, magazine, stationery, newsstands
P
Building materials; provided, that they are conducted entirely within an
enclosed structure
P
Buildings temporarily located for purposes of construction on the
premises, for a period not to exceed the time necessary to complete
such construction
A
A
A
A
Bus passenger depots /terminals
CUP
Business machine sales and repair establishments
P
P
P
Business offices
P
P
P
P
Business or vocational schools
CUP
Business sign as permitted
A
A
Business signs as permitted
A
A
Cabinet making
P
Camera and photographic supplies
P
P
P
Camera and photographic supply
P
G: \planning \JM\ORD \Business Distric Matrix of Uses 5- 11- 09.doc
LIST OF USES ALLOWED IN BUSINESS ZONING DISTRICTS
USE
B -1
B -2
B -3
P -B
B -N
Candy, ice cream, popcorn, nuts, frozen dessert, soft drinks or
P
P
P
confectionery stores, excluding drive -up type
Carnivals, circuses or festivals
ICUP
ICUP
ICUP
Carpet, rug, linoleum and floor coverings
P
P
Casket supplies and monument sales
P
China and glassware
P
P
P
Christmas tree sales lots
P
P
Clinics for human care
P
P
P
Clothing dry cleaning and laundry pick up stations, including incidental
P
pressing and repair. Does not include on site dry cleaning processing.
Clothing dry cleaning and laundry pick up stations, including incidental
P
P
pressing and repair
Clothing dry cleaning /laundry pickup stations (including
P
pressing /repair)
Clothing stores, including dressmaking, millinery and tailor shops
P
P
P
Coin operated or automatic self -serve car and light duty truck washes
CUP
Collection offices or public utilities
P
P
P
Commercial kennels with outdoor runs
CUP
CUP
Commercial parking for passenger vehicles in accordance with section
P
P
11 -3 -9 of this title
Commercial recreation (outdoor).
CUP
Commercial recreation uses as listed below:
A. Amusement centers where mechanical, electrical and electronic
games are played.
B. Archery and shooting ranges.
C. Driving ranges.
CUP
CUP
D. Miniature golf.
E. Pool halls.
F. Swimming pools.
G. Tennis courts and handball courts, including racquetball and other
racket games.
H. Three (3) or more mechanical, electrical or electronic games.
Computer services and sales
P
Computer services and sales and the sale of office machines other
than at retail. It is the intent of this entry that such uses will be
permitted where customers come to the office to observe
P
P
P
demonstrations of the use of equipment, but that it does not permit
retail sales or showrooms for walk -in trade.
Convention, banquet and exhibition halls
CUP
CUP
Costume and formal wear rental /sales
P
P
P
GAplanningWWORD \Business Distric Matrix of Uses 5- 11- 09.doc
LIST OF USES ALLOWED IN BUSINESS ZONING DISTRICTS
USE
B -1
B -2
B -3
P -B
B -N
Credit card /bank processing
P
Currency exchanges subject to the following performance standards:
A. Shall be a minimum of one mile away from another licensed
currency exchange business. The distance is measured by a
straight line from the closest points of the property boundary
lines involved.
B. Comply with chapter 53A of the Minnesota statutes.
C. Any person, firm, partnership or corporation wishing to operate a
CUP
currency exchange establishment must obtain annual approval
by the city by December 31 of each year.
D. Shall be a minimum of eight hundred feet (800') away from
secondhand goods stores, pawnshops, residential zoning
districts and/or five hundred feet (500') from daycare facilities.
The distance is a straight line measured from the closest points
of the property boundary lines involved
Dairy products, retail only
P
P
P
Dance studios
P
Dance and /or music studios
P
P
P
Decorative landscape features
A
A
A
A
Delicatessens
P
P
P
Department and variety
P
P
Drive - through bank facilities
CUP
CUP
Drive - through banks:
A. Each drive - through must have stacking for six (6) vehicles
B. The drive - through must have a separated designated drive
CUP
aisle.
C. The drive - through is limited to two (2) drive aisles in total
Drive - through businesses subject to the requirements specified in this
CUP
title
Drive - through photo processing pick up
CUP
CUP
Drive - through restaurants
CUP
CUP
Drugs
P
P
Drugstores
P
Dry goods and fabrics
P
P
P
Electrical appliance sales and repair
P
P
P
Electrical service, heating, plumbing, appliances, upholstery or air
conditioning service shops; provided, that they do not employ more
CUP
than six 6) persons in repair or processing
Electromagnetic communication facilities as regulated in section 11 -4-
CUP
CUP
CUP
7 of this title
GAplanning \JM\ORD \Business Distric Matrix of Uses 5- 11- 09.doc
LIST OF USES ALLOWED IN BUSINESS ZONING DISTRICTS
USE
B -1
B -2
B -3
P -B
B -N
Employment agencies
P
P
P
P
Essential security and safety facilities as approved by the city council
A
Essential services (public utility)
P
Essential service structures, including, but not limited to, buildings
such as telephone stations, booster or pressure stations, elevated
tanks, lift stations and electric power substations
CUP
CUP
CUP
Exterior storage yards for rental services, lumberyards, and similar
uses
CUP
Farmers' market, subject to compliance of the criteria established in
section 11 -8A -3 of this title, entry #6, "Farmers' market on
nonresidential property
A
A
A
A
A
Financial institutions having drive - through facilities
CUP
CUP
CUP
Florists
P
P
P
Florists, excluding greenhouses
P
Frozen foods and meat markets but not including locker plants or meat
slaughterhouses
P
P
P
Full service car and light duty truck washes
CUP
CUP
Funeral homes and mortuaries
P
Furgoods
P
P
Furniture, upholstering, picture framing
P
Furniture repair, refinish shops and sales
P
Furniture, upholstering, picture framing, interior decorating studios
P
P
Gifts
P
P
Greenhouses and nurseries
CUP
Groceries
P
P
Hardware
P
P
P
Health and physical exercise clubs
P
Health and physical exercise clubs greater than three thousand five
hundred (3,500) square feet of gross floor area
CUP
CUP
Health and physical exercise clubs, having less than three thousand
five hundred (3,500) square feet of gross floor area and with no locker
room facilities
P
P
P
Historical buildings, museums, art institutes, galleries and theaters for
the performing arts
CUP
CUP
CUP
Hobby supplies
P
P
P
Hospitals
CUP
Hospitals for human care; provided, that all buildings be located not
less than seventy five feet (75') from the lot line of any lot in a
residential zoning district
CUP
CUP
CUP
Hotel and motels
CUP
P
Housing development promotional signs
ICUP
ICUP
ICUP
Indoor food, meat, fish, fruit, and vegetable markets
P
P
P
Jewelry, timepieces, collectibles, silverware sales and repairs
P
P
P
Laundromats
I
P
P
G: \planning\JM \ORD \Business Distric Matrix of Uses 5- 11- 09.doc
LIST OF USES ALLOWED IN BUSINESS ZONING DISTRICTS
USE
B -1
B -2
B -3
P -B
B -N
Lawn and garden centers having exterior storage and display, when in
CUP
CUP
conjunction with principal use
Lawn and garden centers with no exterior storage and display
P
P
Leather goods and luggage
P
P
P
Liquor stores of three thousand 3,000) square feet or less
P
Locksmiths
P
P
P
Manufacture of electronic instruments
P
Medical, optical, and dental office /clinic services
P
Medical and dental office /clinic services
P
P
P
P
Motor fuel stations
CUP
CUP
Motor fuel stations:
A. Only one gas station /convenience center is permitted per
neighborhood commercial district.
B. The total square footage for the gas station /convenience center
and any accessory structures, including a car wash is limited to
four thousand (4,000) square feet.
C. The station is limited to four (4) pumps, eight (8) pumping
stations, unless, after consideration of a traffic study, the city
council finds that additional pumps are necessary to reduce
negative traffic impacts.
D. The canopy must be located away from adjoining residential
neighborhoods.
CUP
E. Canopy lighting must be recessed flush mounted.
F. The canopy face shall be unlit except for the amount allocated to
signage.
G. The hours of operation for the gas station /convenience store
shall not exceed five o'clock (5:00) A.M. to eleven o'clock (11:00)
P.M. The hours of operation for the car wash, if applicable, shall
not exceed six o'clock (6:00) A.M. to ten o'clock (10:00) P.M.
H. The canopy must meet the same setbacks as the gas
station /convenience center listed in subsection 11- 10E -5C of this
article.
I. The canopy size cannot exceed the aggregate square footage of
the other buildings on the site.
Motor vehicle sales and service as regulated in section 11 -4 -9 of this
CUP
title
Municipal buildings and structures
P
P
P
Municipal offices
P
Municipal uses with a customer service orientation
P
Municipal uses where the use conducted is customarily considered to
P
P
P
be an office use
Music /record stores
P
P
P
Musical instrument sales and repair
P
P
GAplanning \JM \ORD \Business Distric Matrix of Uses 5- 11- 09.doc
LIST OF USES ALLOWED IN BUSINESS ZONING DISTRICTS
USE
B -1
B -2
B -3
P -B
B -N
Nonprofit lodges and clubs; provided, that they are not less than
seventy five feet 75') from a residential district
CUP
CUP
Nursery schools and daycare centers
P
P
P
P
Nursery schools and daycare centers for all ages — adults and kids
P
Nursing homes, congregate care, rest homes or retirement homes;
provided, that the site shall contain not less than six hundred (600)
square feet of lot area for each person to be accommodated
CUP
CUP
CUP
Off street parking and off street loading
A
A
Off street parking and off street loading. Gas canopy lighting must be
recessed flush mounted lighting.
A
Off street parking when the principal site of the off street parking abuts
on a lot which is another B or I district and is in the same ownership as
the land in the B or I district and subject to those conditions as set forth
in this title and such other conditions as are found necessary by the
council to carry out the intent of this title
CUP
CUP
CUP
Off street parking, storage garage and buildings and loading areas
when incidental and subordinate to any permitted use and as
regulated in this title
A
Office supply and equipment
P
P
P
Offices: administrative, executive, professional, research
P
Offices for administrative, executive, professional, research or similar
organizations, and laboratories having only limited contact with the
general public; where these uses are permitted, no merchandising is
permitted to be sold on the premises
P
P
P
Off -sale liquor
P
P
On -sale liquor stores and restaurants serving liquor, wine, or 3.2 beer
CUP
CUP
CUP
Open sales lots or open storage when incidental to a principal use
CUP
Open sales lots in conjunction with permitted uses
CUP
CUP
Opticians and optometrists
P
P
P
P
Orthopedic and medical appliances
P
P
P
P
Paint and wallpaper
P
P
P
Pet shops, including grooming
P
P
P
Pharmacies, retail
P
Photographic studios, including the development of film and pictures
P
P
Photographic studios
P
Photographic supplies
P
Plumbing service shops
P
Postal offices
P
Postal substations
P
Postal substations and post offices
P
P
Print shops /photographic copying
P
P
P
P
Private garages, off street parking and loading spaces as regulated by
this title
A
A
A
Professional and scientific instrument sales and repair
P
GAplanning \JM\ORD \Business Distric Matrix of Uses 5- 11- 09.doc
LIST OF USES ALLOWED IN BUSINESS ZONING DISTRICTS
USE
B -1
B -2
B -3
P -B
B -N
Public telephone booths; provided, that all yard requirements are met
A
A
A
A
Public, parochial and private schools, colleges and universities
CUP
CUP
CUP
Public, quasi - public, and essential service structures that are not
permitted uses, including, but not limited to, buildings such as
telephone exchange stations, booster or pressure stations, lift stations,
electric power substations and public utility uses
CUP
CUP
Public utility collection point
P
Radio and television sales and service
P
P
Radio and television studios
P
P
P
Radio and television towers, satellite dishes, microwave dishes
CUP
CUP
CUP
Recycling collection points, exterior storage
CUP
CUP
Rental services, including leasing of automobiles /utility
trailers /household equipment (inside a building)
P
Rental services, including the leasing of automobiles, utility trailers,
household equipment and similar rental equipment when conducted
entirely inside a building
P
Restaurants, classes 1 and 2 with drive - through)
CUP
Restaurants, classes 1 and 2 (except drive - through )
P
Restaurants, classes 1, 2, and 3, except for drive - through
P
P
P
Satellite or microwave dishes and the like, provided:
A. The communication sending and /or receiving device is accessory
to the primary use on the site.
B. It is not located within any of the building setbacks adjacent to a
public street.
C. It is not located on the side or roof of the structure.
D. Setbacks from other properties are at least equal to the height of
the communication device. In no case shall the height exceed
thirty five feet (35').
A
A
A
Seasonal sales of landscaping materials or the like
ICUP
ICUP
Sewing centers, machine sales, and sewing classes
P
P
P
Shoe sales /repair
P
Shoe sales and repair
P
P
P
Sign shops (inside a building)
P
Sign shops, limited to over the counter retail sales of signs, banners or
other related graphic imagery
P
P
P
P
Signs as regulated in title 9, chapter 8 of this code
A
Signs as permitted by the city
A
A
A
Signs in accordance with provisions of title 9, chapter 8 of this code
P
P
Sporting goods
P
P
P
Stockpiling of material
ICUP
ICUP
ICUP
Tanning salons
P
P
P
P
Temporary buildings for purposes of construction for the construction
period only
A
Temporary buildings for construction purposes for a period not to
exceed the completion date of such construction
P
P
GAplanning \JM \ORD \Business Distric Matrix of Uses 5- 11- 09.doc
LIST OF USES ALLOWED IN BUSINESS ZONING DISTRICTS
USE
B -1
B -2
B -3
P -B
B -N
Temporary outdoor promotional and merchandising activities (e.g.,
craft sales, food stands, car washes, flea markets, and other
activities /events deemed similar by the community development
director and not meeting title 5, chapter 5 of this code) lasting four
(4) or more consecutive days and directed at the general public
may be allowed as an accessory use on the premises of permitted
and conditional uses, subject to the following performance
standards:
A. The outdoor event activity shall not be more than once per week.
B. Tents, stands, and other similar temporary structures and
temporary vehicles and mobile equipment may be utilized,
provided they are clearly identified on the submitted plan, and
provided that it is determined by the director of community
development that they will not impair parking capacity,
emergency access, or the safe and efficient movement of
pedestrian and vehicle traffic on or off the site.
C. The submitted plan clearly demonstrates that adequate off street
parking for the proposed event can and will be provided for the
duration of the event. Determination of compliance with this
requirement shall be made by the director of community
development who shall consider the nature of the event and the
applicable parking requirements of this title.
D. Parking on public rights of way and streets is prohibited.
CUP
CUP
E. The activity or event shall not interrupt vehicular circulation on the
site or obstruct parking spaces needed by permanent businesses
established on the site.
F. Shall have written authorization from property owner.
G. The business operator shall secure all applicable licenses and
approvals from the city, Washington County, or other appropriate
jurisdictions.
H. Signage related to the event shall be in compliance with the city's
sign ordinance.
I. All sales must be conducted at least thirty feet (30') from the right
of way line of any street and one hundred feet (100') from any
developed property zoned for residential use.
J. Hours of operation shall be limited by permit based upon location
and proposed activity.
K. Adequate sanitary facilities are provided on site.
L. No permanent or temporary lighting shall be installed without an
electrical permit and inspection.
M. The site shall be cleared of all debris and all temporary structures
at the end of the event.
N. The display of items shall be limited to representative samples
and arranged in a compact manner as reasonably practicable.
0. The conditional use permit shall be valid for a period not to
exceed three (3) years from the date of approval.
GAplanning\JM \ORD \Business Distric Matrix of Uses 5- 11- 09.doc
LIST OF USES ALLOWED IN BUSINESS ZONING DISTRICTS
USE
B -1
B -2
B -3
P -B
B -N
Tents or other temporary structures
ICUP
ICUP
ICUP
Theaters, drive -in
CUP
Theaters, indoor
CUP
CUP
Toy stores
P
Travel bureaus /agencies
P
P
P
P
P
Veterinarian hospitals /clinics inside a building
P
Veterinary offices and clinics; provided, no kennels or treatment areas
are located outside of the building
P
P
P
Video sales and rental
P
P
P
G: \planning \JM \ORD \Business Distric Matrix of Uses 5- 11- 09.doc
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Page 6 of 14
stores
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C
Fuel storage and
dispensing with
P
P
P
conditions:
a) Exclusive use
by owner;
b) No retail sales
except for propane
Fuel storage tank
such as crude oil,
C
gasoline, natural
gas, propane and
other fuels
Furniture store
N[flIflED
Gallery
C
[flE[fl[10
Game arcade
C
ff[fl11E
Garden supply
store
EN[flF-D
Outdoor sales
and display area
NNEE
Gift shop
NEMLIE
C
Golf course
P
Grocery store
NNN[1E
Hardware store
E[fl[fl[1E
Higher education
facilities
EN
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Hobby shop [I N P
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Page 7 of 14
Home improvement
center
Outdoor sales
and display
Hospital
EENIIE
[IENIIE
P
Impound lot (see
section 10 -15 -29 of
this title)
Interior decorating
store
Jewelry store
P
P
P
P
P
M[IE
EEO
C
C
C
Laundromat
P
ffN[1E
P
Laundry
Liquor store
EE11LIN
EEN[lE
E
C
E
Locksmith
P
P
P
Manufacturing and
assembly
ELI[][]EH
C
P
Sales and service
of semitanks, trucks
and trailers,
including
equipment, parts
and tires
Marina
L
C
L
[—]L
C
A
L
L
L
Massage therapy,
licensed
P
P
P
P
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Meat processing
and packaging (no
slaughtering
permitted)
P
Medical and dental
clinics (see also
"clinic (medical and
dental)" in this
section)
P
P
I
P
P
L-1
L-1
Ll
P
C
C
Medical complexes
and facilities
C
LIENIEE
P
C
C
Ministorage
facilities (including
caretaker quarters)
C
C
Mortuary
P
P
P
Motel /hotel
P
C
C
Multiple - family
dwellings when
attached to
business
P
Municipal
community center
and recreation
facilities
P
Municipal
government
administration
buildings, fire
stations, and police
stations
P
Museum
C
P
Music store
P
P
P
Music studio
F
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Nonretail
P
P
NN LIH
P
C
With incidental
sales
C
P
P
P
C
Newspaper and
publishing office
P
P
Nightclub (providing
C
structure is more
than 100 feet from
R zoned property)
Nursing home
C
Off street parking
A
A
NNENE
NN
A
A
f
Office
❑
Showroom
[][IIIE
Trucking terminal
C
C
Warehouse
C
P
Office building
P
P
P
P
P
P
C
C
Office supply store
P
P
P
Open sales lot
(excludes
C
C
C
C
automobile and off
highway vehicle
sales lots)
L—
Optical/eyeware
sales
EEELID
E5
E
<1,000 square feet
floor area
C
P
P
P
C
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Sterling Codifiers, Inc.
Page 10 of 14
>1,000 square feet
floor area
Outdoor storage
[][
P
E
P
P
C�
L
Packaging,
cleaning, repair or
testing (enclosed
building)
Paint and wallpaper
sales
Pawnshop,
licensed
Pet shop (no
boarding)
Photo processing
with film sales
Photography studio
(nonretail)
Photography supply
and processing
Picture framing
C
P
P
P
11
C
P
P
NffN
P Pl ff p
P
P
P
P
P
[
[]LIE
P
P
P
N [IE
P
P
P
C
E
P
P
C
C
E
Places of worship
C
[I N
Playhouses
C
EffP
P
Post office
P
N
Printing and
publishing
<14,000 square
feet floor area
P
P
P
N E
E
E
Private lodges and
clubs
C
C
P
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Private motor fuel
dispensing station
(see section 10 -15-
23 of this title)
Processing and
treatment
Professional
offices, not within
office building
Public and private
schools
Public libraries and
art galleries
Public parks and
playgrounds
Radio and
television studios
Recreation centers
C
P
C
P
[]E[][:E
P
P
[][]E
P
C
C
A
C
P
C
C
A
[I N
110
[IN
A
P
P
P
C
Research and
development
facilities (indoor
only)
Restaurant
P
P
P
P
C
P
C
P
C
P
C
C
C
Fast food (see
section 10 -15 -25 of
this title)
F Ret;il, general
<1,000 square feet
C
P
C
P
C
P
C
F
C
C
> or = 1,000 square
feet
Shelter for battered
women when
P
P
MF17F
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Page 12 of 14
accessory to at
least one of the
following: place of
worship, academy,
higher education
facility, or hospital
Shoe repair
P
P
N [IE
Signs (see chapter
15, article E of this
title)
A
A
A
A
A
A
A
A
A
A
A
f
Single- family
dwelling
Attached
❑
P
Existing (see
section 10 -10F -4 of
this title)
Small appliance
repair
Sporting goods
store
MENEE
fflfl[flEE
[1E
E
Stone and
monument sales
EEIIEN
C
Studios: dance,
exercise, marshal
arts, etc.
<2,000 square feet
in floor area
C
P
P
P
P
> or = 2,000 square
feet in floor area
P
P
P
Tanning salon
C
P
P
P
C
Tattoo and body
piercing
establishment (see
section 10 -15 -32 of
C
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Note:
1. Must comply with performance standards found in subsection 10- 15 -10 of this title.
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AM PLw� Fb W kT
Zoning Ordinance —Article 13
Zones
Conditional
Uses
Mixed -Use
Transit
Mixed -Use
Corridor
Mixed -Use
Mixed -Use
Mixed -Use
Neighborhood
Mixed -Use
Mixed -Use
requirements or
related
District
District
Employment
��)
Business
��)
Commercial
Commercial
Transition
(MXT)
regulations
(MXTD)
(MXCD)
(MSC)
Conditional
Conditional use
Dwelling,
subject to the
single unit
N
C
C
C
C
P
P
requirements of
detached
Sec. 25.13.04.a.
Conditional use
Dwelling, semi-
s i
detached
N.
N
C
P
C
N
P
re of
requirements
(duplex)
Sec. 25.13.04.a.
Conditional use
Dwelling,
P
P
P
P
P
N
C
subject to the
a. Res-
townhouse
requirements of
idential
Sec. 25.13.04.a.
uses
Conditional use
density must not
Dwelling,
P
P
P
P
P
N
C
exceed 6
attached
dwelling units
per acre
Conditional use
Dwelling,
P
P
P
P
P
C
C
subject to the
multiple -unit
requirements of
Sec. 25.13.04.a.
Live /work unit
P
P
P
P
P
P
P
Personal living
quarters
P
P
P
P
P
N
P
b.
Swimm-
P
P
P
P
P
P
P
ing pool,
Accessor
See Sec.
c. Home-
No impact
P
P
P
P
P
P
P
25.09.07b.
based
See Secs.
business
Major
S
S
S
S
S
P
S
25.09.07c and
enterprise
25.15.021
Adult day care
P
P
P
P
P
P
S
Conditional uses
Charitable or
must not exceed
philanthropic
P
P
P
C
C
C
C
5,000 sq. ft. of
institution
gross floor area
d
Conditional use
Institution
permitted only in
-al uses
Child care
C
C
C
P
P
P
P
single -unit
home
detached
dwelling
Child care
center:
Institution
9 —12 children
P P P P P P P
Zoning Ordinance —Article 13
Zoning Ordinance —Article 13
6 -6 -11
Zones
Conditional
Mixed -Use
Transit
Mixed -Use
Corridor
Mixed -Use
Mixed -Use
Mixed -Use
Neighborhood
Mixed -Use
Mixed -Use
Uses
requirements or
related
District
District
Employment
)
Business
�)
Commercial
Commercial
(MXC)
Transition
(MXT)
regulations
(AIXTD)
(MXCD)
(M C)
More than 12
P
P
P
P
P
P
P
-al uses
(con't)
children
Educational
See Sec.
institution,
P
P
P
P
S
P
S
25.15.02.g
private
Housing for
Special exception
senior adults
P
P
P
S
P
S
S
subject to Sec,
and persons
25.15.02.]
with disabilities
Library,
Conditional uses
museum, and
P
P
P
P
C
C
C
must not exceed
art gallery or
5,000 sq. ft. of
studio
gross floor area
Special exception
Nursing home
N
P
P
S
S
N
S
subject to Sec.
25.15.02.1
Place of
P
P
P
P
P
P
P
worship
Conditional use
Ambulance
N
P
P
C
C
C
N
must not adjoin
service
or confront
residential uses
Special exception
e. Medical
Hospital
S
S
P
S
S
N
N
subject to Sec.
services
25.15.02.1
Conditional uses
Veterinary
must not exceed
office and/or
P
P
P
P
C
P
C
2,500 sq. ft. of
a
animal hospital
gross floor area.
Conditional use
Kennel
N
N
C
N
N
N
N
must not have
outside runs
Private club
P
P
P
P
S
N
S
f.
Conditional uses
Miscellan-
in buildings must
eous uses
have a residential
Public utility
appearance and
building and
P
P
P
P
P
P
C
comply with the
structure
height, bulk and
setback
requirements of
the relevant zone
Publicly -owned
Miscella-
or publicly -
neous uses
operated
P
P
P
P
P
P
P
(con't)
building and
use, excluding
sanitary landfill
Zoning Ordinance —Article 13
6 -6 -11
6 -6 -11
Zoning Ordinance —Article I1
Zones
Conditional
Mixed -Use.
Mixed -Use
Mixed -Use
Mixed -Use
Mixed -Use
Mixed -Use
Mixed -Use
Uses
requirements or
Transit
Corridor
Employment
Business
Neighborhood
,
Transition
related
District
(MxT
District
(MXCD)
)
��)
Commercia
(lylxNC)
(MXC)
(MXT)
regulations
Wireless
communication
facility entirely
within an
Conditional use
existing
subject to the
building or on
C
C
C
C
C
C
C
requirements of
the roof or side
Sec. 25.09.08
of a building, or
attached to an
existing
structure
Wireless
communication
freestanding
See Sec.
ground
S
S
S
S
S
S
S
25.09.08 and
mounted
25.15.02.s
antenna support
structure
Temporary
building or yard
for construction
C
C
C
C
C
C
C
materials or
equipment
Portable
C
C
C
C
C
C
C
Storage Units
Conditional
9.
Tempor-
Temporary
office or model
C
C
C
C
C
C
C
use
subject to the
ary uses
home
requirements of
Sec. 25.09.04
Christmas tree
C
C
C
C
C
C
C
sales
Sale of Garden
C
C
C
C
C
C
C
produce
Temporary
carnival, flea
C
C
C
N
N
C
N
market, or local
festival
h.
Commer-
cial,
Retail sales and services:
office, and
industrial
uses
For conditional
Alcoholic
use, tenant area
beverages for
P
P
P
N
C
C
C
limited to 5,000
consumption
sq. of gross
off the remises
o p
o
floor area
6 -6 -11
Zoning Ordinance —Article I1
6 -6 -11
I-oning Ordinance — Article 1.5
Zones
Conditional
Mixed -Use
Mixed -Use
Mixed - Use
Mixed - Use
Mixed -Use
Mixed - Use
Mixed - Use
U ses
requirements or
Transit
District
Corridor
District
Employment
Business
Neighborhood
Commercial
Commercial
Transition
related
(MXTD)
(MXCD)
(MXNC)
(MXC)
(MXT)
regulations
Alcoholic
beverages for
consumption on
P
P
P
P
P
P
P
the premises of
any restaurant
For conditional
Auctioneer and
use, tenant area
commercial
P
P
P
P
C
C
C
limited to 2,500
gallery
sq. ft. of gross
floor area
For conditional
Boats and
N
C
C
C
N
N
N
use, all sales and
marine supplies
storage must be
indoors
Business
equipment sales
P
P
P
P
N
P
N
and service
Conditional uses
limited to 2,500
Consumable
sq. ft. of gross
goods to be
P
P
P
P
P
P
C
floor area for
used in the
each tenant, other
home
than a grocery
store or drug
store
Drug store with
C
C
C
C
C
C
C
See Sec.
drive - through
25.13.04.c
For conditional
Durable goods
use, tenant area is
to be used in the
P
P
P
P
P
C
N
limited to 2,500
home
sq. ft. of gross
floor area
For conditional
Flowers, except
use, tenant area is
from outdoor
P
P
P
P
P
C
C
limited to 2,500
garden or
sq. ft. of gross
greenhouse
floor area
Cremations
permitted only
Commer-
Funeral home
C
C
C
C
C
C
C
where existing as
cial,
of March 16,
office, and
2009
industrial
Garden supplies
C
C
C
C
C
C
C
Indoor sales only
uses
(con't)
Home
improvement
N
N
P
P
N
N
N
service
6 -6 -11
I-oning Ordinance — Article 1.5
Zoning Ordinance— Article 11 6 -6 -11
Zones
Conditional
Mixed -Use
Mixed -Use
Mixed -Use
Mixed -Use
Mixed -Use
Mixed -Use
Mixed -Use
U SCS
requirements or
Transit
District
Corridor
District
Employment
Business
Neighborhood
Commercial
Commercial
Transition
related
(MXTD)
(MXCD)
� )
�)
(MXNQ
(MXC)
(MXT)
regulations
Home
maintenance
P
P
P
P
P
P
P
services
See Sec.
Mobile uses
C
C
C
C
C
C
C
25.09.04.d.5
Multiple
Conditional use
product range
limited to a
retail store
P
P
N
N
C
N
N
maximum of
(department
25,000 sq. ft. of
store)
gross floor area.
Personal care
P
P
P
P
P
P
P
facility
Personal
P
P
P
P
P
P
P
Services Office
Pet grooming
N
P
P
P
P
P
P
Pet Sales
N
P
P
P
P
N
N
Conditional use
Public
must comply
transportation
P
P
P
C
C
C
C
with any
station
recommendations
of the Plan
Repair of
household
appliances, inc'1
P
P
P
P
P
P
N
home electronic
equipment
Special exception
Taxicab service
N
N
S
P
N
N
N
subject to Sec.
25.15.02.q
Conditional uses
Wearing
limited to 2,500
apparel and
P
P
P
P
P
C
C
sq. ft. of gross
related
floor area for
accessories
each tenant
Wearing
apparel services
Commer-
cial,
office, and
P
P
P
P
P
P
P
industrial
uses
(con't)
Food Services:
Zoning Ordinance— Article 11 6 -6 -11
I-oning Urainance —hracie 13
Zones
Conditional
Mixed -Use
Mixed -Use
Mixed -Use
Mixed -Use
Mixed -Use
Mixed -Use
Mixed -Use
U SCS
requirements or
Transit
Corridor
Employment
Business
Neighborhood
Commercial
Transition
related
District
(MXTD)
District
(MXCD)
)
�)
Commercial
(MXNC)
(MXC)
(MXT)
regulations
Use cannot
exceed 5% of the
total gross floor
area of the
building. No
Ancillary
P
P
P
N
N
N
N
drive - through or
restaurant
walk -up service
is permitted. The
bar patron area
cannot exceed
10% of the total
patron use area.
Carry-out
P
P
P
P
P
P
P
Caterer, no
P
P
P
P
N
N
N
seating
Restaurant, no
drive - through
P
P
P
P
P
P
P
Restaurant with
N
S
N
S
N
S
N
See Sec.
drive - through
I
25.15.02.c
Office Uses:
Conditional use
allowed if
Archival
N
N
P
P
C
N
N
located in a
Record Storage
basement or
cellar
Bank or
financial
P
P
P
P
P
P
P
institution
Bank or
Conditional use
financial
C
C
C
C
C
C
C
subject to the
institution with
requirements of
drive /through
Sec. 25.13.04.c
Conditional uses
Duplicating
P
P
P
P
P
C
C
limited to 2,500
service
sq. ft. of gross
floor area
Conditional use
Medical or
allowed if
dental
P
P
P
P
C
N
N
located in a
laboratory
basement or
cellar
Non - medical
research
laboratory
N
N
P
P
N
N
N
I-oning Urainance —hracie 13
10
Zoning Ordinance —Article 13
Zones
Conditional
Mixed -Use
Mixed -Use
Mixed -Use
Mixed -Use
Mixed -Use
Mixed -Use
Mixed -Use
USCS
requirements or
Transit
Corridor
Employment
Business
Neighborhood
Commercial
Transition
related
District
District
�))
Commercial
(MXC)
(MXT)
regulations
(MXTD)
(MXCD)
(MXNC)
Office
including
P
P
P
P
P
P
P
medical and
professional
Motor vehicle services:
Automobile
parts sales; no
installation or
N
P
P
P
P
N
N
service
Automobile
See Sec.
filling station
S
S
S
N
S
S
N
25.15.02.c
(Class I and II)
Automobile
fluid
N
P
P
P
N
N
N
maintenance
station
Automobile
P
P
P
P
N
P
N
rental
Automotive
N
N
P
P
N
N
N
repair garage
Mechanical car
N
P
P
N
N
N
N
wash
Motor vehicle
and trailer sales,
excluding
Commer-
trucks and
cial,
trailers
office, and
exceeding
industrial
three- fourths-
uses
ton capacity„
Ns
C
C
C
N
N
N
See footnote 2
(con't)
including new
and
reconditioned
parts and
accessories and
service
incidental
thereto?
Motor vehicle
towing service,
N
N
N
P
N
N
N
without storage
on the premises
Tires, batteries
and accessory
sales, including
N
N
N
P
C
N
C
service
incidental
thereto.
10
Zoning Ordinance —Article 13
Zoning Urainance — Article 13
11
Zones
Conditional
Uses
Use
Mixed -Use
Mixed -Use
Mixed -Use
Mixed -Use
Mixed -Use
Mixed -Use
requirements or
sit
LDIstrict
Corridor
Employment
Business
Neighborhood
Commercial
Transition
related
District
Commercial
(MXC)
(MXT)
regulations
D)
(MXCD)
(MSC)
Parking facilities:
Conditional use
Commercial
C
C
C
C
N
N
N
subject to the
parking facility
requirements of
Sec. 25.13.04.d
Conditional use
limited to 4,000
gross square feet
Health and
of floor area. No
fitness
P
P
P
P
C
C
C
floor area limit if
establishment
located in a
basement of
cellar
Hotel
P
P
P
P
S
N
N
Indoor
entertainment
Conditional use
establishment,
P
P
P
P
C
N
N
subject to a Level
commercial,
2 Site Plan
except shooting
Review
gallery
Outdoor
recreational
establishment,
S
S
S
N
S
N
N
commercial,
i.
except shooting
Assembly
gallery
and
Recreational
Conditional use
entertain-
establishment,
allowed if
ment
indoor,
N
P
P
P
C
N
N
located in a
commercial,
basement or
except shooting
cellar
gallery
Conditional uses
limited to a
maximum of
4,000 square feet
Rental hall for
of gross floor
meetings and
P
P
P
P
C
N
N
area. No floor
social occasions
area limit if
located in a
basement of
cellar
Shooting
N
N
S
N
N
N
N
gallery
Conditional use
Sports facility,
allowed if
multi - purpose,
P
P
P
P
C
N
N
located in a
indoor
basement or
commercial
cellar
Zoning Urainance — Article 13
11
Key: P = Permitted Use; C = Conditional Use; S = Special Exception; N = Not Permitted
'Conditional use in the MXC Zone is not permitted when adjoining a residential zone.
2 Special provisions for motor vehicle and trailer sales:
a. All buildings, off - street parking and loading, areas and all outdoor storage and display of motor
vehicles must be set back 50 feet from any adjoining or abutting land classified in a residential
zone. Where the Plan recommends a setback from a public street greater than the minimum
required, the Plan takes precedence.
b. The storage of waste material, auto parts, refuse and motor vehicles is prohibited in any required
setback area.
c. The requirement for providing public use space may be met in whole or in part through the fee -in-
lieu process as set forth in Article 17.
3 Except that new and/or expanded motor vehicle and trailer sales including new and reconditioned parts
and accessories and service incidental thereto are permitted on those properties on which such uses
are located as of March 16, 2009
25.13.04 — Special Regulations for Conditional Uses
a. Residential — Where residential uses are permitted as conditional uses in a Mixed- Use
Zone, other than the MXC Zone, they are only allowed in those areas of the zone
recommended for such use in the Plan. The Planning Commission in approving such
conditional uses shall establish such development standards as deemed necessary to
render such uses suitable and compatible with the surrounding uses and in accordance
with the intent of the Plan. In the Mixed -Use Commercial (MXC) Zone, multiple -unit
dwellings are not permitted at the ground floor level.
b. Drug Store with Drive - Through Service Window — In the MXTD Zone, the drive - through
must be incorporated and enclosed within a building or structure. In the other zones
where allowed, the drive - through must be arranged so as to not obstruct traffic
circulation within the site. Sufficient reservoir spaces must be provided and must be
located so as not to obstruct vehicle or pedestrian circulation or parking within the site
or accessing the site.
12
Zoning Ordinance — Article 13
Zones
Conditional
Uses
requirements or
related
Mixed -Use
Transit
Transit
Mixed -Use
Corridor
Mixed -Use
Mixed -Use
Neighborhood N
Mixed -Use
Mixed -Use
District
District
Employment
(MXE)
Business
)
Commercial
Commercial
(MXC)
Transition
(MXT)
regulations
(MXTD)
(MXCD)
(MXNC)
Theater,
including
P
P
P
P
P
N
N
dinner theater
Light industrial
N
N
P
N
N
N
N
j,
use
Industrial
Conditional use
and
must not adjoin
service
Service
N
N
P
C
N
N
N
or confront
uses
industrial use
single -unit
dwellings
Key: P = Permitted Use; C = Conditional Use; S = Special Exception; N = Not Permitted
'Conditional use in the MXC Zone is not permitted when adjoining a residential zone.
2 Special provisions for motor vehicle and trailer sales:
a. All buildings, off - street parking and loading, areas and all outdoor storage and display of motor
vehicles must be set back 50 feet from any adjoining or abutting land classified in a residential
zone. Where the Plan recommends a setback from a public street greater than the minimum
required, the Plan takes precedence.
b. The storage of waste material, auto parts, refuse and motor vehicles is prohibited in any required
setback area.
c. The requirement for providing public use space may be met in whole or in part through the fee -in-
lieu process as set forth in Article 17.
3 Except that new and/or expanded motor vehicle and trailer sales including new and reconditioned parts
and accessories and service incidental thereto are permitted on those properties on which such uses
are located as of March 16, 2009
25.13.04 — Special Regulations for Conditional Uses
a. Residential — Where residential uses are permitted as conditional uses in a Mixed- Use
Zone, other than the MXC Zone, they are only allowed in those areas of the zone
recommended for such use in the Plan. The Planning Commission in approving such
conditional uses shall establish such development standards as deemed necessary to
render such uses suitable and compatible with the surrounding uses and in accordance
with the intent of the Plan. In the Mixed -Use Commercial (MXC) Zone, multiple -unit
dwellings are not permitted at the ground floor level.
b. Drug Store with Drive - Through Service Window — In the MXTD Zone, the drive - through
must be incorporated and enclosed within a building or structure. In the other zones
where allowed, the drive - through must be arranged so as to not obstruct traffic
circulation within the site. Sufficient reservoir spaces must be provided and must be
located so as not to obstruct vehicle or pedestrian circulation or parking within the site
or accessing the site.
12
Zoning Ordinance — Article 13
c. Banks and Financial Institution$ with Drive - Through — In the MXTD Zone, the drive -
through must be incorporated and enclosed within a building or structure. In the other
zones where allowed, the drive - through must be arranged so as to not obstruct traffic
circulation within the site. Sufficient reservoir spaces must be provided and must be
located so as not to obstruct vehicle or pedestrian circulation or parking within the site
or accessing the site.
d. Commercial Parking Facility — A commercial Parking Facility is only permitted in the
form of a parking structure. At least 75 percent of the ground level floor street
frontage must be devoted to commercial uses.
25.13.05 — Development Standards
a. Build -To Lines — Where a build -to line established in the Plan is required, at least 70
percent of the length of the building wall facing that line must be set at the build -to
line. Development must also comply with the building restriction line provisions set
forth in Sec. 25.17.08
b. Development Standards
1. The following table sets forth the development standards for each of the Mixed -Use
Zones:
13
I-oning Ordinance — Article 13
Zone
Maximum
Open Area and
Minimum
Setbacks
Special
Height
Public Use Space
width at
Regulations
Total
Public
Public
Side
Rear
(in feet) 2
front lot
open area
use
line
right -of-
required
space
(in feet)
way
required
abutting
Residential
Non-
Residential
Non -
within
land
residential
land
residential
open
abutting
land abutting'
abutting
land
area
abutting
MXTD
120
10%
10%
10
None
25' or height
None.
25' or height
None.
See Sec.
(15% if
of building,
10' min.
of building,
10' min.
25.13.05.b.2(a)
residential
whichever is
if provided
whichever is
if provided
and
dwellings
greater
greater
25.13.05.b.2(d)
are
p rovided
MXCD
75
For sites
5%
10
None
25' or height
None
25' or height
None
See Sec.
<20,000
of building,
required.
of building,
required.
25.13.05.b.2(a)
sq. ft:
whichever is
10' min.
whichever is
10' min.
and
10%
greater
if provided
greater
if provided
25.13.05.b.2(d)
For
10%
sites'20,000
sq. ft. or
more
15%
MXE
120
20%
5%
10
None
25' or %
None
25' or '%
None
See Sec.
required.
height of
required,
height of
required.
25.13.05.b.2(d)
10' min.
building,
10' min.
building,
10' min.
if
whichever is
if provided
whichever is
if provided
provided
greater
qreater
MXB
55
For sites
-
10
None
25' or height
None
25' or height
None
<20,000
required.
of building,
required.
of building,
required.
sq. ft:
10' min.
whichever is
10' min. if
whichever is
10' min. if
10%
if
greater
provided
greater
provided
provided
For
5%
sites'20,000
sq. ft. or
more
10%
14 09/20/10
Zoning Ordinance — Article l3
Zone
Maximum
Open Area and
Minimum
Setbacks
Special
Height
Public Use Space'
width at
Regulations
Total
Public
Public
Side
Rear
(in feet)
front lot
right -of-
Residential
Non-
Residential
Non -
open area
use
line
required
space
(in feet)
way
land
residential
land
Residential
required
abutting
abutting
land abutting'
abutting
Land
within
abutting
open
area
MXNC
45
For sites
-
10
None
25' or height
None
25' or height
None
See Sec.
<20,000
required.
of building,
required.
of building,
required.
25.13.05.b.2(d)
sq. ft.-
10' min.
whichever is
10' min. if
whichever is
10' min. if
10%
if
greater
provided
greater
provided
provided
For
5%
sites'20,000
sq. ft. or
more
10%
MXC
30
10%
10
15
15'
None
25' or height
None
required.
of building,
required.
10' min. if
whichever is
10' min. if
p rovided
greater
provided
MXT
35
10%
10
10
10
None
20'
None
required.
10' min. if
p rovided
'Nonresidential Land Abutting Side Setback — This term also includes multi -unit residential uses with a height of 45 feet or greater
EHeight is subject to the provisions of Section 25.13.05.b.2, below.
'Where the applicable master plan makes specific recommendations on the provision of amenity area and public use space requirements, the master plan
recommendation must be taken into consideration by the approving authority when reviewing a development project.
4 0pen area and public use space requirements for development above 45 feet are shown in Sec. 25.13.05.b.2(c).
09/20/10
15
Zoning Ordinance — Articie i3