Loading...
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. http:// www. sterlingeodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 2 of 36 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: http:// www. sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 3 of 36 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. http: / /www.sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 4 of 36 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. http:// www. sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 5 of 36 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) http:// www. sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 6 of 36 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 http:// www. sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 7 of 36 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. http:// www. sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 8 of 36 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. http:// www. sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 9 of 36 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. http:// www. sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. 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. Page 10 of 36 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. http:// www. sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. 60.Sporting goods. Page 11 of 36 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). http:// www. sterlingeodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 12 of 36 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. http: / /www.sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 13 of 36 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 http: / /www.sterlingeodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 14 of 36 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) http:// www. sterlingeodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. 11- 10B -6: DEVELOPMENT STANDARDS: Page 15 of 36 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 http:// www. sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 16 of 36 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. http: / /www.sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 17 of 36 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. http:// www. sterlingeodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 18 of 36 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. http:// www. sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. 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: Page 19 of 36 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: http://www.sterlingcodifiers.com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 20 of 36 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) http://www.sterlingcodifiers.com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 21 of 36 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. http:// www. sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 22 of 36 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) http:// www. sterlingeodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 23 of 36 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) http://www.sterlingcodifiers.com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. 11- 10D -5: INTERIM CONDITIONAL USES: Page 24 of 36 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 http: / /www.sterlingcodifiers .com/codebook/printnow.php 10/14/2011 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 http: / /www.sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 25 of 36 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. http: / /www.sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 26 of 36 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 http: / /www.sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 27 of 36 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. http: / /www.sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. 10. Books, magazines, cards, stationery, and newsstands. 11. Camera and photographic supplies. Page 28 of 36 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. http:// www. sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 29 of 36 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. http:// www. sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. 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. Page 30 of 36 46. Sign shops, limited to over the counter retail sales of signs, banners, or other related graphic imagery. 47. Sporting goods. 48. Tanning salons. http: / /www.sterlingeodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. 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: Page 31 of 36 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) http:// www. sterlingeodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. 11- 10E -4: CONDITIONAL USES: Page 32 of 36 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: http:// www. sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 33 of 36 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 http: / /www.sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. D. District Requirements: Page 34 of 36 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. http: / /www.sterlingeodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. G. Parking And Traffic Circulation: Page 35 of 36 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. http: / /www.sterlingcodifiers .com/codebook/printnow.php 10/14/2011 Sterling Codifiers, Inc. Page 36 of 36 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) http: / /www.sterlingcodifiers .com/codebook/printnow.php 10/14/2011 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 Cottage Grove �''�/1. Zoning Districts & Overlays N LU w city boundary (D �Z' ° aQ (cR 74) - 'Po 0 Floodway > AG1 s Critical Area Overlay Boundary �p v y � Zoning Districts =AG1 Preservation +' PU G 1 o } � 'R5 0 & TH ST (c.S.A.H.2 -A ricultural Agricultural R2.S <7h _ T (E.A.K 22) ; AG2- Agricultural R 5 ® UR- Urban Reserve Q j INDIAN BLVD M R1- Rural Residential T 9r �L o � \ R2- Residential Estate 70 -:a , j Z N I IY a 77TH ST 0 R2.5- Residential ,� _ �4°FUD a 0 R2A- Residential_ Single Family El 0TH ST R3 R4 80TH ST 0 R3- Single Family Residential B � J 0 R4- Low Density Residential q . `— HILLSIDE ® R5- Medium Density Residential 85TH Ar TRL Q w R6- High Density Residential All a M PUD- Planned Unit Development R3 gSRO Q w ® PDO- Planned Development Overlay 5 AG1 y M B1- Limited Business - 0TH sr H 4 B2- Retail Business > PC7D I 63- General Business R4 A � %. G1 z ® PB- Planned Business District - r' 11- Limited Industry a ?S ¢ M 12- General Industry R4 13- Heavy Industry �o 14- Commercial Excavation 2 ®15- Railroad Access District 103RD 2 AG1 w J LU AG2 i y �y 3 Z ::. :.::::..:...:.:::;.:._ .:.: R Cottage Grove Zoning Map o.as o� i.a 0 .. zi z.e M "` ° :W` 7 Figure 2 -6 2030 Future Land Use Map Cottage Grove Future Land Use 2030 Legend City boundary Mississippi river Agricultural Rural Residential Low Density Residential Med Density Residential - High Density Residential Mixed Use Commercial - Industrial ® Transition Planning Area - Parks /Private Open Space Golf Course Mississippi River 0 0.5 1 2 Miles I I I i I I I I I N s 0 2 -12 J 6 H ST ( R74 7 ST ( 22) `�. 8 4 - ��, a �►.,rrw �r � F� 0 OW I, os Z r _ HST IC.S.A.1-1.2 it / 77TH ST ST N rn a = a 3 =' W a a z z -- — - a �m s c �a 00 N O D (n Q _ D Z o CD D =3 (D =r O 00 C: z O (D n =F X o o 3 M Q 3 r r =� x =- " � � �' � Z3 1G7o O �(D � = �o Sv ( �' .-. fn `° m D �_ v D O 0 � 1� ( D 0 D Zr Q 1 cn (n !y fn —� CD `° �, zr D CD (D n. Q o (n 21 (D 0 N U) C (D s? D ° (Z c ( D n �n0 3 D OEl o �_ j00 Z0 nClnn Z (D 1 >1 M n On�Cl N °° Z n n�0 r �o 1 >1 O 000 7 EA >1 o CD n On�CJ o n �'00 =3 Z) �� n N Ono o >z Z M cD n nnn�>] D rn Q r �• v_ 1 _ V� m D D o n On� I T >1 O O c N — ' Ong >] El O O 0 . - o x D O C7 C C v, c� G D D IM C7 T O C: 0 n � n � � D n II 0 m II o II m 3 N O w Q c cn (D rn cn r D 3 v CD CL o �_ ODD Z0 BA- i 7 F O W CD N cn —I (D 2 0 C� r D IM -o v o �_ c Z0 Z (D C7 M G) Z -- r �o CL C7 Z O o CD Z o n ;u =3 Z) �� N o >z Z M cD w Cl 0 D rn Q r �• v_ V� m I T O c O O x O G IM .-r 00 N 0 00 v (D cn O 0o v (�D (D (n , (D m v CD O D p --x (1) c) C: O p N O Co (n _� (D (D r+ (n (D (D z != 0 n D (D N p=+ O p — (D (n (D 3�m' D rn�v� p (D O �_ o 0 " a p (D O — ,� cn (D (n O (n (D cD N z p (D 0 O 0 D �C p V 0 (n p' — (D CD ill ( n D �-� - a O O a' — (D cr O Q `� ( f' ="D v (5•� U �O O O < —_ cD !y n p (D Q p p' D O v �v �o�C v O 0 O -. p M -, (D • (n cn (n v S 1-+. O Q O O SD D C O C w 0 (n (D cn o CD —• C E Ell -o OC7 CIO D Ell OCR O F :1 COCR n ❑ O ❑D El I ❑D � Coo -� a 000 � a❑ •. � Ll E ,- i I F I D EII 1OCR C�nO D 00000❑ OC El 0 IF­ I g J z, CD vq C� 0 n N 0 no 00 N O C7 0 (D n n 3 O �� n n C-) m 3 cn Co 0 c (n O O m U) Q CD -1 co (D � Cn (D v 3 (D n co c fA CD 3 `< o0 � c Q Q (D FD ( co O '"r (Q � m o O CD � U) oo � v 0 Q CD w cn CQ p �� CL L m. U) co (D rt n i a' _ (D � W mo o.. cn Cn N m rn ° --1 W (D w lG v U) M Q rr U o W v ^ < (D o � N o v - v n C7 n v4 n O n b p uq CD W 0 -P N O �U,n n �cngn 0 �0 cDOn =CO 5'C) D v pn ovo�"�mn o � 0 0 �oC� wwoc Oo -'• 1 . O O03 3 0 :D zy� n U) Qo O Z 0 o n O o < 3 mcD N n O (D Z O o (D 3 m+ E n (D O N N CD N N O N CD (O O (D �. rt O O (D (D ='• O (Q (D � m �_ D (D N CD (D 0 n 0 O �. n O' O O n c O� = n ~, _ n O(D 0 3 (D O U) - N (D (n C: (D cn O O O v O O -� .� (D O' �' Q v � (D �' O (D CCD CD N j (D (D _ •G (n Q (�D D n 0 O Z3 O- Q W U) O Q _0 Q (D 0 - n (p CD CD (D O COD (D ' O �. M (OD 0 F E:E IF I ❑ ❑� 11 1 n � � 11 IF IF IF cro C� O �h �n n b w 0 � -P 1 N O_ -n _ �cn- 0 m w n �3� O � -0 m C (D ��� w C m�(D0 W 0 (D 0 !y 0 � 0 p M *(p -a = — n Q (D (D O C h p O 0 -0 � 0 O'+ S (n (D n v 3 `G n C � n < =� (p ,-. C (n v Sv C v_ (D (n 0- o v Q n ` (D � C ,--`• C w �. (D cn p n C CD CD C o n (D o cn CD CD cn (D cn (D _Q m �" C (Q �--� (� CD v �' c) �' � 3 C (D zT p �, v 0 ••• (D CD � (n � cn n ' n ' C- C 0 _ � C (n cn C_ � (n N p (D cn (D (n r . , � a? ,=+ CD � ZT ((D D cn p ,, 7 D � C1 C7 C7 IF UQ n O CD n 0 Sterling Codifiers, Inc. Page 6 of 14 stores uL Florist - retail sales Effp P 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 hup: / /vvww.sterlingcodifiers .com/codebook/printnow.php 7/18/2011 Sterling Codifiers, Inc. Hobby shop [I N P HN j% 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 http:// www. sterlingeodifiers .com/codebook/printnow.php 7/18/2011 Sterling Codifiers, Inc. Page 8 of 14 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 http://www.sterlingeodifiers.com/codebook/printnow.php 7/18/2011 Sterling Codifiers, Inc. Page 9 of 14 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 nnnnnn�nn��� h 7/18/2011 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 hnp://www.sterlingcodifiers.com/codebook/printnow.php 7/18/2011 Sterling Codifiers, Inc. Page 11 of 14 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 http://www.sterlingeodifiers.com/codebook/printnow.php 7/18/2011 Sterling Codifiers, Inc. 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 hap: / /www.sterlingcodifiers .com/codebook/printnow.php 7/18/2011 Sterling Codifiers, Inc. Page 13 of 14 Note: 1. Must comply with performance standards found in subsection 10- 15 -10 of this title. http: / /www.sterlingeodifiers .com/codebook/printnow.php 7/18/2011 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