HomeMy WebLinkAbout2012-05-16 PACKET 04.F.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 5116/12
PREPARED BY Community Development John McCool
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
1. Consider approving an amendment to City Code Title 11, Chapter 10, Business Districts, to
update the ordinances relating to the City's commercial zoning districts.
2. Consider authorizing the publication of the ordinance amendment relative to updating the City's
commercial zoning districts by title and summary.
STAFF RECOMMENDATION
1. Adopt the ordinance amendment updating the City's commercial zoning districts.
2. Adopt the resolution authorizing publication of the ordinance amendment by title and summary.
BUDGET IMPLICATION $N /A $N /A N/A
BUDGETED AMOUNT ACTUAL AMOUNTFUNDING SOURCE
ADVISORY COMMISSION ACTION
® PLANNING
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES /RIGHTS
❑ ECONOMIC DEV. AUTHORITY
SUPPORTING DOCUMENTS
DATE REVIEWED APPROVED
DENIED
4/23/12 ❑
®
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® MEMO /LETTER: Memo from John McCool dated 5/10/12
® RESOLUTION: Draft
® ORDINANCE: Draft
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
® OTHER: Excerpt from unapproved minutes from 4/23/12 Planning Commission meeting
ADMINISTRATOR'S COMMENTS
E
i y Administrator Date
COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
CITY OF COTTAGE GROVE
MINNESOTA
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: John McCool, Senior Planner
DATE: May 10, 2012
RE: Proposed Zoning Ordinance Amendment — Commercial Districts
Proposal
The City Council is requested to consider an amendment to Zoning Ordinance regulations that
pertain to the five commercial zoning districts. A copy of the proposed ordinance amendment as
recommended by the Planning Commission and representatives from other City advisory
commissions is attached.
Planning Commission Review
The Planning Commission held a public hearing on the proposed Zoning Ordinance amendment
for all five commercial zoning districts at their April 23, 2012 meeting. No written or oral testi-
mony was received. The Commission unanimously (6 -to
proposed ordinance amendment. An excerpt from the
minutes is attached.
Background
0 vote) recommended approval of the
Planning Commission's unapproved
In August 2011, it was suggested that the City comprehensively review zoning regulations for the
five commercial zoning districts. The purpose for this review was to ensure the Zoning Ordinance
regulations are consistent with adopted plans; responsive to market conditions and development
patterns; changes to local policies; and to simplify and streamline the review and approval process.
On September 26, 2011, the Planning Commission discussed the idea to update the commercial
zoning districts. Currently, the commercial districts defined in the Zoning Ordinance are divided into
the following districts:
• Limited Business District (B -1)
• Retail Business District (B -2)
• General Business District (B -3)
• Planned Business District (P -B)
• Neighborhood Business District (B -N)
At the September 26 Planning Commission meeting, it was suggested that a sub - committee com-
prised of Planning Commission members and representatives from other City advisory commis-
sions participate in this process. A volunteer from the Human Services /Human Rights Commission;
Honorable Mayor, City Council, and Ryan Schroeder
Zoning Ordinance Amendment— Commercial Districts
May 10, 2012
Page 2 of 4
Economic Development Authority; Environmental Commission; and the Parks, Recreation and
Natural Resources Commission participated in the workshops.
On October 24, 2011, the Planning Commission was updated on this process. The first workshop
was on November 15, 2011. At this workshop, a draft copy of the ordinance amendment, Future
Land Use Map from the adopted Future Vision 2030 Comprehensive Plan, Zoning Map and exam-
ples from other communities were reviewed.
The Planning Commission and other Commission representatives reviewed and discussed the
proposed ordinance amendments at subsequent workshop sessions on January 12, February 27,
and March 27, 2012. The draft ordinance amendment and materials distributed to the workshop
group at each of their meetings were also distributed to the City Council and other City staff during
this process.
• •
Each commercial district has a purpose statement, permitted use, conditional use, accessory use,
interim conditional use, and development standard sections. Various commercial land uses are as-
signed to each of these five commercial districts. Some commercial uses are allowed in all the
commercial districts and other uses are limited to only one or a few commercial districts.
The proposed ordinance amendment still provides these same ordinance elements, but it has been
reorganized by grouping the purpose statement for all five commercial districts into one section
and a table listing various commercial uses that are allowed in each commercial zone. The devel-
opment standards and performance standards for each of the five commercial districts are also
proposed to be grouped into their own sections of the ordinance. The primary advantage of this
proposed ordinance format is that it is easy to compare a specific regulation within all five commer-
cial districts. An example of this is shown below:
USE
TYPE
34
B -2
B -3
P -B
14-B
Title 11 Chapter
Dance and/or music studios
p
p
p
P
P
11 OD Section 2
Micro - Brewery and Transient Merchants
The proposed ordinance amendment does not include micro- brewery or transient merchant com-
mercial uses in any of the commercial districts. As we discussed last month, both of these uses will
require amendments to City Code Title 3, Liquor Control, and City Code Title 4, Peddlers, Solicitors
and Vendors. If you determine that these commercial uses should be allowed uses in certain
commercial zoning districts, we can address the specific performance standards that should apply
and work with the City Clerk in preparing the appropriate ordinance amendments for future
meetings.
Self- Storage Facilities
The proposed ordinance amendment does include indoor self- storage facilities as a permitted use
in the B -2, B -3, and P -B Districts. This type of use does not permit storage outside a building.
Twelve performance standards for indoor self - storage facilities are proposed in Title 11 -10D -8 of
Honorable Mayor, City Council, and Ryan Schroeder
Zoning Ordinance Amendment— Commercial Districts
May 10, 2012
Page 3 of 4
the draft ordinance amendment. For your consideration, outdoor storage could be allowed by con-
ditional use permit and the performance standard prohibiting outdoor storage changed to limit the
amount of outdoor storage area. An example may be to stipulate that the maximum area of exterior
storage does not exceed 50 percent of the combined footprint of the indoor self- storage structures.
The setback from any residential use or residential zone was previously 1,000 feet. The proposal
changes this to 300 feet because it was thought 1,000 feet is too excessive. An example of this
proposed setback is the commercially zoned properties along West Point Douglas Road and the
residential properties along East Point Douglas Road. That distance across Highway 61 is ap-
proximately 340 feet. The Planning Commission is recommending a 300 -foot setback from
residential uses and zoning districts.
Outdoor Seating and Dining
The proposed ordinance also proposes outdoor seating as an accessory use within each of the
five commercial zoning districts. Performance standards for any business proposing outdoor seat-
ing or dining were drafted and can be reviewed in Section 11 -10D -9 of the proposed ordinance
amendment. Additional parking spaces will not be required for 30 or fewer outdoor seats. If the
number of seats is greater than 30, then additional parking will be required at a ratio of one parking
space per three seats and the proprietor must apply for a conditional use permit. The outdoor
seating area is recommended not to exceed 25 percent of the square footage of the principal use
building area.
Development Standards
The minimum and maximum development standards were not significantly changed in this pro-
posed amendment. The amendment does propose a 45 -foot maximum height limitation and mini-
mum setbacks from a residential district boundary for the P -B District. Currently, the only P -B
District in the City is along West Point Douglas Road, between Jamaica Avenue and the non -con-
forming residential dwelling located at 7858 East Point Douglas Road. At this time, there is no resi-
dential zoning that abuts the P -B District, and it is not anticipated that there will ever be. A 75 -foot
minimum setback from a residential district is proposed for properties in the P -B District. These
setbacks are the same as the B -3 District setback requirements.
Performance Standards
The proposed ordinance amendment does propose ten sections that pertain to performance stan-
dards for the Planned Business (P -B) and Neighborhood Business (N -B) Districts' various and
certain business uses. The existing performance standards for the two zoning districts and busi-
ness uses described below were not modified in this proposed ordinance amendment.
• Planned Business District Performance Standards
• Neighborhood Business District Performance Standards
• Currency Exchange Performance Standards
• Motor Fuel Stations within the N -B District
• Outdoor Temporary/Seasonal Sales
• Vehicle Repair as Permitted or Conditional Uses
• Temporary Outdoor Promotional and Merchandising Activities
The Planning Commission is recommending the following regulations:
Honorable Mayor, City Council, and Ryan Schroeder
Zoning Ordinance Amendment — Commercial Districts
May 10, 2012
Page 4 of 4
• The 300 -foot setback for self- storage facilities from any residential use or zone. (11 -10D-
8 (F))
• The 150 -foot setback for an outdoor seating area from any residential use or zone. (11-
10D -9(E))
• The term "audible" for public address system or external music for outdoor seating. (11-
10D -9(F))
• The additional parking requirement if outdoor seating is greater than 30 seats. (11 -10D-
9 (L))
• The 25 percent outdoor seating area limitation of the business's building square footage.
(11- 10D- 9(M
U�' •1111!'1.!- •
1. That the City Council amend Title 11, Chapter 10, Business Districts, of the City's Zoning
Ordinance as recommended by the Planning Commission; and
2. Adopt a resolution authorizing the publication of this Zoning Ordinance amendment by title
and summary.
ORDINANCE NO. XXX
3 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA
4 AMENDING TITLE 11, CHAPTER 10, BUSINESS DISTRICTS OF THE CITY CODES
5
6 SECTION 1. AMENDMENT "The Code of the City of Cottage Grove, County of
7 Washington, State of Minnesota" shall be amended by amending Title 11, Chapter 10,
8 Business Districts in its entirety to read as follows:
16 11 •IAA 1: PURPOSE-
17 The B 1 limited b6ls-iness distFipt is intended
to a district whiph is related te and4TIay
provide
18
19 buildings
subject to More reStF controls. (1971 Gad
and related office uses which
are
20 § 28 58)
21 11 1 O 9. PERMIT-TED USES
22
23 No land be
f0F One or more of the following uses, eF uses
struGture or shall used exGept
24 deernpd similar by the
GounGil:
• - -
:rraea
- -
Page 1
..�
=t��trsr�rtram^a
50
keRRels
eF treatment arpas art- Ic)r-,atpd outside
; provided, Re
44 labGFatOFies
haViRg limited with the where these
ses are
I
GRIY GGRtaGt geReral publiG;
45 peFFRitted,
is to be sold oR the
Re merGhandiGiRg permitted premises.
50
keRRels
eF treatment arpas art- Ic)r-,atpd outside
; provided, Re
51
52
53 17 10A 3 PERMITTED
ACCESSORY USES:
54
55 The foliewing
be aGGessory
uses:
uses shall permitted
3 2MCM,21.
Page 2
- -
LZ 9 W
NO
O _ . RTRp-- L7fit1^.t[7T - - .E7L7.^.Ll�J�7R
An.
huRdred
: 7ZS� :n:i�rr- raaa� =.e�AavAnpk7—mv �rs
- are
fifty ( 150 )
this freRtage
GF GUStOmer eRtFaRGe or exit
:1 purposes ef eRtry a rRUSt GGRtaiR
81 ne - allowed mere
a publ
freritage
- - OHIO v - - -
- - - - -
86
F. Outside display be
of the sold or FeRted on
should
a general representation pFeduGts
87
fGr;Rventepy
(1971 Code § 28 58� amd. 2000 Go
site, net a sterage area
oR pallets.
88
89 11
4(1A A: !`ON ACES:
90
91 NO
land be
for ef the fbilowing uses exGept by GenditioRal
StFUGtUFe er shall used
ane Gr more
92 use
- it:
- == - - - - - - r�
Page 3
- M
Page 3
V• OEM
m"U' UK
�02 7. N61FSiRg hoMeS, GORgFegate Gare, Fest homes or Fet homes; provided, that the site
1 03 shall GGRta not less than sox h ndFed (600) square feet Gf lot area fer eaGh persGn t
0 4 anpnrnrnAdatL-d
O. street parking when the prinGipal site of the off street paFkiRg abuts en a let whiph is
�•
'1• ReGessary by the GGWRGil tE) Garry Gut the intent ef this title.
p -•- •• • _ • e••O • e' _. _•e a '•e e. - •• - • • _1T_�:TtPt�tGT.Si.
_ Ff
- • - MDEM
128 B. SGreening� Whprevpr a R I limited business distriGt abuts or is aGFOSS the street, but not GR
129 thp, RAP GORsidered te be the froRt, from aR R diStF*Gt, a SGreeR not less than fifty per
_ o Rer l ess thaR s feet _ _
Page 4
toweFs, dishes, miGrewave dishes.
(1971 Cede § 28 58; amd.
1O.Radie and
televisioR satellite
a7 ann c INTERIM
CONDITIONAL USE&
use perm
GGRd
p -•- •• • _ • e••O • e' _. _•e a '•e e. - •• - • • _1T_�:TtPt�tGT.Si.
_ Ff
- • - MDEM
128 B. SGreening� Whprevpr a R I limited business distriGt abuts or is aGFOSS the street, but not GR
129 thp, RAP GORsidered te be the froRt, from aR R diStF*Gt, a SGreeR not less than fifty per
_ o Rer l ess thaR s feet _ _
Page 4
lat the
liRe that abuts the R distFRGt,
exGept
31 fFE)Rt PGFt;E)R of the eF along side er Fear pFopeFty
it
rarpu 899
Front yaFd
32 adjaGeRt te a stFeet, where shall be ROt le66 than three
(3) ROF moFe thaR foLIF feet (4')
188 #eel ,
33 height.
38 fg2
35 #eel
34 G. Lot R Feme , +.
138
following shall he obsewed,
661bjeGt to additional
35 1. The M FequiFempnts
136
rarpu 899
Front yaFd
s _ fee I
Let Wdth
Si v° vc + ie rl'e4 =
188 #eel ,
dja o + + +.o +
Rear-yard 4
137
38 fg2
35 #eel
138
139 an ex al area (9974 Gc)do § 28
58)
'rim
142
143
144
145
146
147
businesses 150 gFouping - - FelatiGnships to rn'Rimize the
1
153 11 1 !-
- of thp folla�
Ning - -
156 deemed sirn;lar by the counGil;
Page 5
..
. - , - M RS-min
MAIM. ff"M
TOM • - - - -
-
IN • • - - -
Uele HMO=
i -
Ropirovou -
Page 6
85 22 Cc) + me and +ermal y ental /sales
86 23. Dairy prodUGtS, retail only.
87 24. Del�Gatessens
88 25. Departm8Rt and variety.
89 26. Drugs.
90
191 28 Clea +r sal annl'anse sales and re na'r
192 29 zv- Florists..
193 30. F=FGZeR foods and meat ma*ets but not inGluding lGGk8F plants eF meat slaughterheuses.
194 3 1.F-uF goo
195 .
196 33 -G#s,
197 34. Greseries.
198 35.Hardware.
199 36. Heft supplies.
200 37. lndGGF food, meat, fish, fruit, and vegetable markets
201 38. jewelFy timepieGes, Goll silyenu ^re sales and repairs.
202 39. Laundmmats.
203 40. Lawn and garden GeRteFs with no exter storage—and
204 4 1 . Leather aaa.Js and luggag
205 42 1 r� ksmit"s
206 4 3. MWRiGipal bu and stFuGtuFes.
207 .
208 45 M Gal instrument sales anrd repair
209 46-9# -sale 1+quer
Page 7
C.C. Rest I
7 7
49. Paint
and wallpaper.
and
C.C. Rest I
7 7
Z e)E G ept fr.r drive thro
and
57. Shoe sales and repa
58. SigR shops,
I-tail sales of
signs, banners or ather related
gra phiG 'man
• - ! • • _ • •
0'_
236 gross floor area a"he
Page 8
19 Inc e• rnN-MITICINA
USES:
motorized
use per
1 D i
b u ildings
and ctF GtUroc
�
�
• h: I
farm im
eq �inm .ent
♦ ♦ . _ _ _
"r MIS
Page 9
"74 1& PUbliG, quasi publiG, and 8GSeRtial seNiGe strwGtwes that are not permitted uses,
R
0 ' 85 B. TeRts - - -
F'88 they will net impair parking GapaGity, emergency aGGeSS, or the safe and effiGieR
i FnGVeM8Rt of pedestr - - tFaffiG OR or off the site
290 G. The submitted plan Glearly derRonstFates that adequate Gff street parking for the
I• 1 PFGpesed event Gan and wil be prn-viried for the duratiGR Gf the event. De terminatioR of
P GOMpliaRGe with this requiFemeRt be made
t -- - nt who shall Gensider the Rature of the eveRt and the appkabfe-
-
11 `
Page 10
- - - - - - -
` -
- WA IAN
-- - - - ��
- - M.- - M - -
-
c - - - ..
c -
323 2. Seasonal sales of landsGaping materials or the like. (Ord. 665, 6 16 1999)
324
325 41-10 ncvci no ENT cTrnwinnlnc.
t26 A. Building Height Ne 1; .. shall ba plaGedd on the height of bUildiRgS iR the B 2 d eXGept
i - feet (35') shall be subjeGt to reGe -
i
_ �a_ -
-- -- -
Page 11
Al
M.
— — — — L I MUM m r a — —
349
350
351 !I 10C 2: PERMITTED
352
353
354 .
C3iN
358 3. ` - - repair, - -
•1 maGh
Page 12
law
n eGessary tG GORduot a permitted - pFGvide that
-- - the -
!I 10C 4� CONDITIONAL USES:
u +•
use nermi
u�c �crrr,r.
1 An dit' r,l use pe rm Wed in the R 9 fl' +' + /Con +inn 11 1 OR A of this Tit[e�.
7 A rme.r b es, +' halls snorts arenas 2nd stadiums
4. A. itornotive repaiF, beth majOF and FniReF Fepa'F, when GGndUGted outside a building. This
trued te ORGlude automebile, traGtOr, er maGhinery salvage and used parts
Page 13
- - - MIMM
11 W
-
'l -- - -
1 _ r.- _ _
1•
.1• - - -
- .
' vl - " - -
IN
- feet '••
D Shal
i 16 pawn6heps, residential ZGRiRq distFiGt6 andleF fiv hundred feet (500
faGiliti The - mea6ured frGm the GIG6e6t - -
418 bc)uRdaFy lines 'RVE)Ived. (1971 _:: _ _ 61 r . .•_ r _
••, Ord 791 ••_
420
421
422
423
424
NI. Rif sT- TJI^' �S_ T. f�RxT. T. L7R[• T- TLT�Tla.: 7�xr- rrrsxT�eararsxvrsarr- Taarrz�nrmew��.. :a.
42 6 GhapteF). (4974 Code -■
Page 14
i
i ♦ - -
i - - -
ITC -
♦
MMIZUS
T7T1:T:�lZT.IETS- T:SiT1
• .
Page 15
• P2.rk. The D al for a ble
■ •W
158
l59 dd dull 9. DCRRAITTCII IICC@:
160
161
162
163 1. AgFiGAUral puflaGses,.
164
X65 •
nndit:vR_ _,d =hr.� +r,. ^^loss ^n, r ,
eel u a==sJ. v.s �__+
166
167 3. AppliaRGe sales and s.._
168
169 4. Assembly and
470
471
472
473 6. BarbeFshops Gr beauty sheps.
474
475 7 Beek, magazine statiener .,ewsstandS.
476
477 8. - R ug o npss FRqGhiRe sal d re ooMhl'ohw,eRts
478
479 9. B usiness Off:sss.
480
481
482
483 11. Camera and photogFaphiG SUPPIY-.
484
485
486
487
488
489
490
491 15 CI + ' ^I ^ ' 1•..n^o sale6 o^r ro o'r
492
493
494
495 17 +i ;Is.., i^ ,hliG �il' +yn
496
497 1 8 FIGFiS I d; " greenheuse6.
498
499 1 9. F_....: - r e pair, re{;r;sh s=h=^^° M.,,3 sales.
500
501 20 He alth and hvoin^I exerGise ^I he
Page 16
•M
34. Plumbing
shops.
ppng
SePViG8
41 Travel h weans /age R rive
42.VeteFinar;an hGSpitals/G!iR'CS buildiRg). (Ord. 623, 1 17
{iside -a _buil
(inside a
47 RestauFaRtS
Glasses 1 and 9 !ev ent dr through)
RR Shoe celeske�
40. Sign lim lo ��e of signs, banners,
9F other related
sheps, ever GOUR retail sales
graphiG imagery.
41 Travel h weans /age R rive
42.VeteFinar;an hGSpitals/G!iR'CS buildiRg). (Ord. 623, 1 17
1996; amd. 2000 Code)
(inside a
Page 17
60
;51
62 841, 0 -13 2008)
64
65
z. 3 Of this
�59 fitle, entFY #6, "Farmers' market GR RGRFesideRtial preperty. - (Ord. 623, 1 4 7 1996; amd.
60 QFd 8 - 13 200
e • •�- ��• - Ml
."so't_ area .._
'
1—a Free
;
1.09.feeE
L ot width
Page 18
.
1•
11 Be th e C i ssues a
_ _ shall fumish the D Gf COmMun D e iOP e t
il ol GUffiGieRt - - that al perfeFmaRG8 - -
rl 2 standards set forth in th Title w be GOmpl w I R order tG dete e theF Of
1"03 ROt the app WRI Meet the DiFeGtOF af - •-
i1' may require the
i a. ' site -
.1. parkiRg l ots , waste disposal areas, - aFeas streets -
11 - - ntien PORds, oF other s fpatid.res - -- ..
. 1 • :�i_ {1:T- T::GSLSf:rrs_satrss
01 _ atl�:r..s�a�.nv ...rrs
1 ■ - - --
Page 19
- o
ks
• , 4 , rnrsnrr T
4^148
649
650
651
Inves 652 3. GGrnplianGe; ♦. - - with the
s - - - the owner o
• be Fequired
• 55 to qhnv tG the perfermaRGe SUGh andlo
• • are requ tG be made sha be GaFFied 657 may be se appreved by the Gity. The GGSt iRGUrred in SuGh invest
Page 20
tz
ks
• , 4 , rnrsnrr T
4^148
649
650
651
Inves 652 3. GGrnplianGe; ♦. - - with the
s - - - the owner o
• be Fequired
• 55 to qhnv tG the perfermaRGe SUGh andlo
• • are requ tG be made sha be GaFFied 657 may be se appreved by the Gity. The GGSt iRGUrred in SuGh invest
Page 20
11533113 MAN
7 /�nnnrol ohn
s: - 'PPmv.......�:.°
-
-.
_ .,_ i ... -
11533113 MAN
7 /�nnnrol ohn
s: - 'PPmv.......�:.°
4. Art supplies.
and sGhool
'nterier deGGra#ng—stu4iG�
5. Art studies,
v
Page 21
O Q'rvrlo
and repair
sales
11. Camem and
photographiG supplies.
exGluding dF
Up type.
,
. r
_ _ _ r:rerrra
_ a i _
- - - - -
Page 22
/ (1
7r7 /NIeTwer S: T. T . T�M::r_r.l►STlur"1G1:r
Lf�ZIm I MS7t7fI:TSJ:S 7 TT
/lel S +erc aGhiR8
aloe and se'.-ViR v Glasses
45. Shoe sales and repair.
46. Sign limited te
the signsS, baRReFs,
or other related
shops, OVeF
47. Sporting goods.
G06inteF retail sales of
a ••
745 1. ARY;RG'dental FepaiF, - - ReGessary to GE)RduGt a pe FMitted
746 use; provided, that suGh aGG8SSGFY use shall net GGGUPY FnGFe thaR twenty peFGeRt (20%) of
747 the gross flooF aF of the
Page 23
7 55 7. Farmers'
tO -
the in 11
8AR
market,
subjeGt of
critefia established section
_
i
200
•
maF nGnr
pFep
Ord 841
8 13
2009
. . ..
772 G. The station is limited tG fGur (4) pumps, eight (8) Pumping stations, unless, afteF
774 neGessary to red ipaGts.
IRSSlT. ■T.�/T.LT.7 -7
Page 24
- - -
•1 Of
-
• - - -
• •- '
`
Reighborhood Gempne
'•
- eFeGted - e that faGe the
'96 re6
The - - with this 40444AF
parag
7 97 that site topogmphy
and tree preservatbn provide equivalent
1 9 8 berm
I too hedge and oveF and 6inde
il At - rnateFial must be two and Gne
'i 2 trees be at least f feet -
104 3. Parking ScreeRiRg� Where aRy eff street parkiRg area GGRta mGre th 3-RMTwrA�--
:1 -- - - - -
:1• pubiiG stFeet.
:1: view GR the - -- -
'1• bOURdaFy by a wall eaFth berms - - at leasm -
vlo feet (10') iR height. SUGh wall shall be deSigRed to be haFmOR'Ous with the StFuGture
poll haViRg the leading dGGk.
`: - - - -
Page 25
i 9M klMrm zL- 7-Wfflff
322 F— signs:
i
WON
f
numb o par spaG may ne e x-ree d _ ( 20 , 0 4 )
r s et f i _
1 de _ s pa rkin g and shared _
133 pFev ided sa
b r asse _ ability of shaFed
Page 26
140 H. Additi Use oos ±r;o±:o^°:
141
142 squaFe foot in a b
1 44 1 En �fR_.
-
mcm
- - v_
351
,60 6 Thrpe hundred sixty degFee (360 aFGhiteGtUFe is Faquired. All sides of all buildings
:. - w the same aFGhiteGtural style, use ef mate rials,
@' 62 elevation ef the building, as determined by the Gity. (QFd. 732, 6 21 2
Page 27
163 Chanter 10: Business Districts
164 Article A. Purpose
11- 10A -1: Limited Business District B -1
11- 10A -2• Retail Business District B -2
residential neighborhoods by limitation and control of permitted uses.
11- 10A -3• General Business District B -3
enterprises that do not need an industrial setting but have considerable customer contact.
11- 10A-4• Planned Business District, P -B
11- 10A -5: Neighborhood Gomme rGial Business District N -B
ARTICLE B. Commercial District Uses
Page 28
significant customer interaction.
310
11 -108 -1:
Permitted Conditional Accessory, and Interim Use Table
311
)12
(a) Purpose:
The use table as provided in this Section depict the classification of land use
)13
within zoning districts.
)14
)15
(b) Table
Key' The following labeling apply to each table in this Section.
)16
(1)
Uses are often defined in Title 11 Chaater 1 Section 3 Uses not defined are
)17
subiect to standard dictionary definition
)18
)19
(2)
Permitted Uses Uses identified in the zoning district column with the letter "P"
)20
are allowed as permitted uses primary or accessorv. in the re_ s_aective zoning
)21
district.
)22
)23
(3)
Con Uses Uses identified in the zoning district column with the letter "C
)24
are allowed as conditional uses primary or accessory in the respective zoning
)25
district. Conditional uses must obtain a conditional use permit prior to
)26
commencing.
)27
)28
(4)
Interim Uses Uses identified in the zoning district column with the letter " I" are
)29
allo as interim uses primary or accessory, in the respective zoning district.
)30
Interim uses must obtain an interim conditional use permit prior to
)31
commencement.
)32
)33
(5)
Accessory Uses Uses identified in the zoning district column with the letter "A"
)34
are allowed as accessory uses in the respective zoning district. Accessory use:
)35
mu st not occupy more than 25 percent of the total floor area on a site
)36
)37
(6)
Prohibited Uses Uses not associated with a letter in the zoning district column
)38
are prohibited uses in the respective zoning district.
)39
)40
(7)
Standards For ease of reference uses for which specific standards apply
341
include a table referenced to the applicable Code Section.
)42
343
)44
)45
)46
947
948
949
950
951
952
953
954
955
956
957
958
Page 29
a59 LqLMae Table
a60
961
962 "P° Permitted Use
963
964
"C" Conditional Use "A" Accessory Use
"I" Interim Use
Page 30
ZONING DISTRICT
REFERENCES
B -1
B -3
P -B
N-B
Accessory structures or uses other than those listed as permitted
C
PB-2
C
C
C
Accessory uses or retail sales which are customarily incidental and
clearly subordinate to the primary use
A
A
A
A
Title 10, Chapter
10D, section 6
Adult uses
P
Title 11 Chapter
5
Air-conditioning and heatin sales and repair establishments
P
P
Agricultural purposes uses
P
P
P
P
Armories, convention halls, sports arenas and stadiums
C
C
Amusement center
P
P
P
Animal hospitals all of the
P
P
or vetepinal�y GI!RiGS, provided phases
h fl t d the be a h '!ding wher
upon s within
P
P
P
A
prinGpal-i
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
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
Title 11 Chanter
100 Section 2
threatened 'nyel ntoni nenversion of
A ny i th there
use, even a
land time; that all ewners, tenants
parGel Gf within 61 certain previded,
all henef'ts and assistnnno
d lessees t
at'nn
wa ve r i g ht s
gppar� sggp,
P
P
R
Tee 1! rhenter
4BB- sestio sa
and4
Appliance and electronics sales and service
P
P
P
P
Title 11 Chapter
100 sectio 1.
and-2
P
P
t?
Art and sGhGel supplies
P
P
P
B -1
9-2
L B-3
P -B
N -B
961
962 "P° Permitted Use
963
964
"C" Conditional Use "A" Accessory Use
"I" Interim Use
Page 30
USE TYPE
ZONING DISTRICT
REFERENCES
B -1
B -2
B -3
P -B
N•B
Art interior de-G-G—ratiRg, Studies -Ad rn-'sir.
P
P
P
P
P
studies, studies, 1 Ph - ' - -FaPWG
stadies
and packaging inside a buildin
Assembly p 9 9( 9)
P
Title 11 Chanter
10 D Se 1
Auction establishments, indoor only (including storage), and not for
livestock, motorized vehicles, or farm implement e quipment
C
C
Auto body repair
Y p
C
C
Title 11, hanter
10D Section 7
Automotive aGGeSS9F'eS, excluding maintenanee 9F service
P
P
P
P
Title 11 GN P1or
I9�4
— ands
Automated car wash in conjunction with principal use
A
A
A
A
T itle 11..cha tamer
—S
101D 1
2and 3
Automated bankino machines
A
A
A
_
A
_
A
=
Title 11 Chanter
10 — Section 2
Automobile car wash (drive- throuah mechanical and se service
C
C
C
C
Title 11 _Chanter
_.. 10 — Section 3
_
Automebile pa4s sales; no or ---
P
P
P
P
T tie 17 Ghaptor
10D 9 8G ti GRG 1
and-2
Automobile fluid maintenance station
P
P
P
P
Title 11 chanter
1OD _sections 1
and 2
Automotive towing
C
—
Title 11 Chanter
1 0 — Section 1
Automotive, motorcycle, trailer, recreation vehicles, boats /marine and
farm implement establishments for display, hire, service, rental and /or
sales conducted outside a building.
C
Title 11 Chanter
4 Sections 1 and
9
B -1
'B -2
B -3
P -B
I N
-B
,M
966 "P" Permitted Use
967
"C" Conditional Use "A" Accessory Use
"I" Interim Use
Page 31
M.
USE TYPE
t
ZONING DISTRICT
REFERENCES
13-1
B -2
B -3
P -B
N -B
Automobile, motorcycle trailer, recreational vehicles, boats /marine,
and farm implement establishments for display, hire, service rental
and /or sales conducted entirely within a building, including, as
incoentai to these major uses, all repair work in connection with their
own and customers' vehicles.
P
P
_
Title 11 Chaoter
4 Sections 1 and
a
_
Bakery ba - 1 1 — retail sales on and
R
P
P-
1
goods and premises
Banks and other financial institutions without drive- #4G* up window
facilities
P
P
P
P
—
P
Title 11 Chaoter
10 — 1
and z
P
Banks and other financial institutions with a drive -up window -and4
automated banking facilities =
C
C
C
C
C
?rrr 1�1 Chaoter
1 0D Sections 1
and 2
Barbershops or beauty shops
P
P
P
i P
P
T itle 11 Chaoter
1 DD sections 1
and 2
$
P
P
R
Bing g ames and gamblin
P
P
P
Title 3 Cha pter 2
Bicycle racks and transit shelters
A_
A
A
A
A
i Title 11 Chapter
toe sections 1
and 2
Blacktop or crushing materials for roadway materials
I
I
I
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
Title 3. Chapter
1 2
Beeks, magazines and stationery and newsstands
R
P
P
P
P
P
Beek, magazine, statienery, Rev.F.Rstands
P
Branch gost office or shiooina suply
P
P
P
P
P
Title 11, Chapter
10D Sections 1
Building materials; provided, that they are conducted entirely within an
enclosed str
(
P
( P
Title 11 Chaoter
10D Sect 1
— --
- - - --
B-1
B_2_
- ----
B -3
971 "P" Permitted Use "C" Conditional Use "A" Accessory Use
972
"I" Interim Use
Page 32
373
USE TYPE
ZONING DISTRICT
REFERENCES
B -1
B -2
B -3
P-B
N -B
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_
A
Title 1t Chanter
10 — 1
and 2
Bus passenger de ots /terminals
P 9 P
C
C j
—
Title_1 t Chanter
10D Secti 2
' n soles and reo@iF establishments
oa °nn c ct c n�
P
P
P
P
Business or vocational schools
C
C
—
Title 11 Chapter
10D Section 1
Business services and offices includina accountina. advertising
mpr services mailing photocopvina
auditing commercial art, coute
P
P
P
P
P
Title 1 , 1. chanter
1OD, sections 1
and public relations
and 2
Bu s i g n as norm'ttnrl
A
A
Business signs as permitted
A
A
A
A
A
Title 11 Q A aAter
10D ns 1
and 2
Cabinet making
g
Title 11 Cha tamer
10D SjN tio 1
Cafeterias not open to the aeneral public
A
A
A__
A_
Title 11
1oD. Sections 1
and 2
Camera and phntogrial, F.—
P
P
P
P
P
nn Gore frn7nn dessert soft driRk
Ca d
crea n u ts ,
Carnivals, circuses or festivals
I
I
I
P
P
P
Casket sup and monument sales
PP
P
P
=
Title 11 _Chanter
10D Secti 1
Petering establishments
P
P
P
Title 11 Chapter
1 D Sec 1
China a fire
P
P
P
P
Christmas tree sales lots
P
P
P
P
—
CliRiGs for human Ga�e
Clinics for human care including medical and dental clinics
P
P
P
P
P
Title 11 Chanter
10D. Sections 1
and 2
Clothing laundry up stat 1AGl1JdiHg iRGidental
-- —
CIFY Gleaning and piGk
Does not include on dPf Gleaning proGes&4.
pressing aq�repair site
B-1
B -2
B -3
P -B
N
B
974
975 "P" Permitted Use "C Conditional Use "A" Accessory Use
976
"I" Interim Use
Page 33
177
USE TYPE
ZONING DISTRICT
REFERENCES
B•1
B - 2
B3 `
P -S
N -B
laundry iRGIUd Rg .
(
P_
g
ig and pick Up Stations,
pressing and repair
R
i?
R
P
I?
Title 11, Chapter
401) S „ s 4
aad2
r
P_
P
P
R
Title 11 Ch
Inn C GtO 01 1
aa4-2
IQG�R %.-; P- q_e'P.(P_ G-ar and light duty tny! k washes
Operated or al at-i e
Collection offices or public utilities
P
P
P
Title 11 _Chapter
jog Sections 1
Communijy rooms or centers
P
P
P
P
P
and 2
Commercial kennels with outdoor runs
C
C
C
=
Ti le 11 Chapter.
10D Section 1
Title 11 Chapter
Commercial overniaht delivery drop -box
A
A
A
A_
A
1 LD—Sections 1
and 2
Title 11 Chapter
Commercial parking for passenger vehicles in ^^^ ^rd' ^^^ vu Sec tion
P
P
P
10 - Section 1
and Title 11,
11 4 9 of this title
Chapter 3.
Section 9
Commercial recreation uses as listed below:
Arcade parlors
A. Amusement centers where mechanical, electrical and electronic
games are played.
B. Archery and shooting ranges.
Billiards
Bowlina alley
C
C
C
C. Driving ranges.
D. Miniature golf.
E. Pool halls.
Ski
F. Swimming pools.
G. Tennis courts and handball courts, including racquetball and other
racket games. Tennis or racquetball club
H. Three 3 or more mechanical, electrical or electronic ames.
B -1
E 2
B -3
T P -B
N� B
RE
979 °P” Permitted Use "C" Conditional Use "A" Accessory Use
980
"I" Interim Use
Page 34
381
USE TYPE
ZONING DISTRICT
REFERENCES
B -1
B-2
B -3
P -B
N -B
remr ter %Ni and solos-
P-
adl the sale- of Off G% maG-h'nes Other
G GMpU t eF n sales
P
P
P
P
_ v _ and
^
tha + ret It `+h intent of this entry +hots .. rh uses ill he is
permitted where GUStOn;eFS GGMe to the office to observe
dprAnnstrations the but that it does not
of use of equipment, pe-FFM
retail s2lps or shelp rooms for walk iR trade,
Convention, banquet and exhibition halls
C
C
Cost me and fermal vyear ren #al /sales
P
P
P
Credit card /bank processing
P
P
Currency exchanges
C
Title 11,
Chapter 10D
Section 4
P
P
P
n ^ ^ a „ ^ cv o -- `vtud;w
P
Dance and /or music studios
P
( P
P
P
P
Title 11.
Chaoter 10D
Section 2
Data rocessin
P
P
P
P
Decorative landscape features
A
A
A
A_
A
Title 11
Chapter 10D
Section 2
Del'e %
P
P
P
_
P
P
Dinner and /or live theater
P
P
Drive through bank
S
S
Drive throu b _
A Fa have staGkiRg for Six /R\ veh'nlps
drive th roug h
p h Vp must
Q Th drive thrn nh r m have n se parated de drive
aisle.
G, The drive through is limited to two (2) d4v��.
lip
esses s h'eet tO the see r 'n this
i
___-------- - - - - -- -
requirements spe
title
Drive through photo--pfeGe&sin�
ph up -Mg- restaurapts (see Restaurants)
P
P
B -1
B -2
B -3
P -B
N -B
983 "P° Permitted Use "C Conditional Use "A° Accessory Use
984
"I" Interim Use
Page 35
f:�
USE TYPES
ZONING DISTRICT
References
B -1
B -2
B -3
P -B
NAB
P
Title 11
Dry goods and fabrics
P
P
P
P
Chapter 10D
Section 2
Title 11
Educational(Trainina centers excludina elementary, secondary, and
P
P
P
P
P
Chapter 10D
private schools
Section 2
Title 11.
Electrical generators (back -up unit
A_
A
A
A_
A
Chapter 10D
Section 2
P
P
P
Electrical service, heating, plumbing, appliances, upholstery or air
conditioning service shops; provided, that they do not employ more
C
C
than six (6 persons in re air or processin
Electromagnetic communication facilities as reg .n seG ti n 1 1 n
Title 11
C
C
C
Ch apter4
+ ++ + +o
T°n""`
Section 7
Employment agencies
P
P
P
P
P
E ui ment rental inside a buildin
P
P
P
E ui m)nt rental with outside stora e
C
C
Essential faGilitieS by the GityGOUnd
A
SeGU Pity Rd safety as approved
Essential Services
P
Essential service structures, including, but not limited to, buildings
such as telephone stations, booster or pressure stations, elevated
C
C
C
C
tanks, lift stations and electric power substations
Title 11
Exterior e lovee break areas
A
A
A
A
A
Chapter 10D
Sections 2 and
9 ,
Exterior storage yards for rental services, lumberyards, and similar
C
C
C
uses
Farmers' market, subject to G9FAPlaRGe of the GnteFia established in
Title 11
11 aA 3 this title #6 "Farmers' market 9R
A
A
A
A
A
Chapter 8A
SeG of en t r y
non-resi +°' prepe#y
Section 3 6
Title 11.
Fencina and other screening techni Ueses
A
A
A
A
A
Chapter 10D,
Section 2
B -1
B -2
B-3
P -B
N -B
1
987 "P" Permitted Use "C" Conditional Use "A" Accessory Use "I" Interim Use
988
Page 36
6:•
USE TYPES
ZONING
DISTRICT
REFERENCES
B -1
B -2
B3
P•B
N -B
Fln faGill
C
F- �er+sts
P
�
P
P
P
P
P
P
i
s l a ,nh
6
6
Funeral homes and mortuaries
P
ids
P
P
P
Furniture, upholstering, picture framing, interior decorating studios and
furniture repair, refinish shops and sales
P
P
P
P
Title 11.
Chaster 10D,
Section 2
G&
P
P
Greenhouses and nurseries
C
C
I mes
P
P
Hardware
P
P
P
P
Title 11
Chaster 10D
Section 2
Health —d h-;-al overnice Gl he
P
Health and physical exercise clubs greater than three thousand five
hundred (3,500 square feet of ross floor area
C
C
P
=
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
P
P
Historical buildings, museums, art institutes, galleries and theaters for
the performing arts
C
C
C
P
P
P
Home im rovement retail inside a buildin
P
P
P
Hos-p4a4s
C
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
resi dential zoning district
B 1
B 2
B-3
P
B
N
-B
_
..#
991 "P" Permitted Use °C" Conditional Use "A" Accessory Use "I" Interim Use
992
Page 37
)93
USE TYPES
ZONING DISTRICT
REFERENCES
B -1
B -2
B -3
P -B
N -B
ktetel and mate4s
S
P
Hotel motel and /or conference center - Permitted ancillary uses within
C
C
C
a hotel and /or conference center with limited exterior signage
approved as part of a conditional use permit such as: health and
fitness center, Class I or II restaurants retail or personal services car
rental without vehicles occupvina off - street parking otherwise required
by citv ordinance not to exceed inventor of ten vehicles per rental
a enc ban uet facilities theater or dinner theater
}
}
}
indoor food, meat, fish, fruit, a.H. Vs market
P
P
P
Indoor self - storage units
-
P
_
P
_
P
=
Title 11,
Ca 10D,
Sections 1 and
2
Institutional Uses: Adult day care Charitable or philanthropic 2
institution Child care center housing for senior adults and persons
P
P
P
P
P
Title 11
Chapter 10D
Section 2
with disabilities
+ -1- —4
P
Landscape nursery landscape material sales with enclosed outdoor
F
?
P
P
Title 11.
Chapter 10D.
Section 2
display and storage.
mats
P
P
Lawn and garden centers having exterior storage and display, when in
conjunction with principal use
C
C
C
Lawn and garden centers with no exterior storage and display
P
P
P
Leather goods ago li i9gage
P
P
P
1-in 'or g4gres of thre uaFe feet or less _
P
o k m +
�m�
P
P
P
Manufacture of electronic instruments
P
Manufacturing, compounding, assembly, packaging, or indoor storage
of products and materials as an accessory use provided that such
activity does not occupy more than 20 percent of the gross floor area
of the buildin
A
P
� and dental effiapIrli
P
P
P
P
Medical optical and dental offices and laboratories
P
P
P
Medical su lies
P
P
#B-3P-P
1
-
- -- -- - - - --
6-1
6-2
�-
...
995 °P" Permitted Use "C" Conditional Use "A" Accessory Use "I" Interim Use
996
Page 38
197
USE TYPES
ZONING DISTRICT
REFERENCES
B -1
B -2
B -3
P -B
N -B
A>}eteFfue{I- sstatiens
C
C
Motor fuel stations (Minor and Major) without mechanical
service /repair
C
C
C
C
Title 11
Chapter 4
Section 1
and
°
Title 11.
Chapter 10D
Section 5
M+ h I +'n o+ + +h + +i4
6
a l
Y
Movie theater
C
C
C
Municipal buildip9s and GtrUGtUFe8
P
i?
P-
Municipal buildings and structures including police fire library,
museum art gallery or studio and community buildings but not public
P
P
P
P
P
Title 11,
Chapter 10D
Section 2
works are es
M11niG4pal- e#fices
P-
P
Municipal the i s Gustemar cons to
P
P-
P
uses where use GendUGted
bean- effise use
P-
P
P
P
P-
Nenprefit Tax -exempt lodges and clubs; provided, that they are not
less than seventy five feet (75') from a residential district
C
C
Nurser h „s and daWare� ors
P
P-
Nursery schools and daycare centers for all ages - adults and kids
P
P
P
P
P
Title 11
Chapter 10D,
Section 2
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
C
C
C
- -
g -1
B -2
B -3
P-B
N-g
—
-
- --
..;
999 °P" Permitted Use "C" Conditional Use "A" Accessory Use "I" Interim Use
000
001
002
003
Page 39
USE TYPES
ZONING DISTRICT
S
REFERENCES
B•1
B -2
B -3
P
N -6
Title 11
Off street parking, parking decks, parking ramps and off street loading
A_
A
A
A
A
Chaster 1 OD
Section 2
Off leading Gas lighting must be
A
stpeet parking and eff s-tFeet y
onri fl u sh mo lighf nn
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
C
C
C
C
C
in this title and such other conditions as are found necessary by the
council to carry out the intent of this title
_
Title 11.
Ch tamer 3
Off- street parking storage garage and buildings and loading areas
A
—
A
—
A
—
A
—
j
A
—
S 9
and
when incidental and subordinate to anv permitted use and as
ri d in this title
Title 11
CC� ter 1 O
Section 2
P-
P-
P-
P
Offices: administrative, executive, prefessiGR44�
P
Offices for administrative, executive, professional, research or similar
Title 11.
organizations, and laboratories having only limited contact with the
P
P
P
P
P
Chapter 10D
general public; where these uses are permitted, no merchandising is
Section 2
permitted to be sold on the premises
Off —sale liquor of 3,000 square feet or less
P
P
P
Title 3.
Chapter 3
Off -sale liquor with 3,001 square feet or greater
P
p
Title 3
Cha ter 3
On -sale liquor stores and restaurants se rv ing liquor, wine,
C
C
C
C
Title 3
with an on -sale li uor license
__Chapter 3
Open sales lots or open storage to a pr e
C
C
_ when
Gpen sales lots in aoRjunGtion with peFmi4ed uses
S
6
Opticians and optometrists
P
P
P
P
P
Title 11
Orthopedic and medical appliances
P
P
1,B3P Section
2
B-1
13-3
P
N
Ei
--
I
005 "P" Permitted Use "C" Conditional Use "A" Accessory Use "I" Interim Use
t1I�I ^:
Page 40
IMF
USE TYPES
ZONING
DISTRICT
REFERENCES
B -1
B -2
Title 11
Outdoor temporary /seasonal sales
A
A_
A_
A_
Chapter 10D.
Section 6
Title i I
Outdoor seating or dining
A
A_
A
A__
Chapter 10D,
Section 9
Title 11
Outdoor storage tanks and equipment for products that are used in
A
A
A
A
Chapter 10D
conjunction with the primary use
Section 2
Paint and wallpaper
P
g
Park and ride facilities
P
P
P
Pawnbrokers and secondhand goods dealers
C
_
C
_
C
=
Title 3,
Chapter 5
Pawnshop
C
—
C
—
C
—
Title 3
Cha ter 5
Title 11
Pet shops, including grooming
P
P
P
P
Chapter 10D,
Section 2
€haFMasie6- retail
g
Pharmaceutical sales
P
P
P
P
i
P
i?
I?
Photegra hiaatu
P-
P
Title 11.
Professional services including architect attorney dental and
P
P
P
P
P
Chapter 10D
medical financial services insurance real estate businesses
—
_
_
=
Section 2
- and
Plumbing, heatin and electrical service shops
P
Restal-e#jees
g
gestal substations
P-
P
Title 11
Postal substations and post offices
P
P
P
P
Chapter 10D
i
Section 2
- -
I B -1
B -2
B -3
j
P -B
I
N -Ei
-
I
D09 "P" Permitted Use "C" Conditional Use "A" Accessory Use "I" Interim Use
0M
Page 41
111
USE TYPES
ZONING
DISTRICT
REFERENCES
B -1
`B -2
B -3 `
P -B
N -B
'
Title 11
Print shops /photographic copying
P
P
P
P
Chapter 10D
Section 2
Printin and siik screenin
P
P
P
Private garages, off street parking and loading spaces as regulated by
th+s�itle
A
A
A
A
=
A
°
Title 11
Professional and scientific instrument sales and repair
P
P
P
P
Chapter 10D,
Section 2
Title 11
Public infrastructure and utility uses
P
P
P
P
P
Chapter 10D
Section 2
Public telephone beGths; that are me
A
A
A
A
provided, _.1ly@.F_ Fequirement
Title 11
Public parks
P
P
P
P
P
Chanter 10D,
Section 2
Public, parochial and private schools, colleges and universities
C
C
C
P
Public, quasi - public, and essential service structures that are not
Title 11,
permitted uses, including, but not limited to, buildings such as
p
C P
GP
P
P
Chanter 10D
telephone exchange stations, booster or pressure stations, lift stations,
_
—
_
_
=
Section 2
electric power substations and public utility uses
Public or governmental services, including libraries city offices
Title 11,
auditoriums public administration buildings civic centers school
P
P
P
P
P
Chapter 10D
Sectio 2
—
administration offices
1—i- a— sales and SeFViG8-
P
R
Radio, television, and GGMPUteF sales and sep4'Ge
g
P
R
P
T+
SD,,
Cent
phone,
Radio and television studios
P
P
P
P
Radio and television towers, satellite dishes, microwave dishes
C
C
C
C
Recycling collection oints, exterior storage
C
C
C
Recordin studios.
P
P
P
P
B -3
P -B
N -B
012
013 °P" Permitted Use "C" Conditional Use °A" Accessory Use "I" Interim Use
014
015
016
017
Page 42
USE TYPES
ZONING DISTRICT
REFERENCES
B -1
B -2
B -3
P -B
N -6
P-
Rental services, including the leasing of automobiles, utility trailers,
household equipment and similar rental equipment when conducted
entirely inside a buildin
P
P
Equipment
Research and development of items including but not limited to:
software pharmaceuticals communications medical devices and the
P
P
P
like
Restaurants, classes 1, aad 2 and 3 (with drive- 44reugli u window)
C
C
C
R
,_
Restaurants, classes 1, 2, and 3, except —fGr excluding drive -th;G*
u window
P
P
P
=
P
°
Retail Uses: Stores and shops selling household goods over a
counter or selling personal services Included are stores selling
P
P
P
P
Title 11,
Chapter 101_
Section 2
,
such items as antique art and school supplies appliance and
electronics sales and service automobile parts (excluding auto
salvage parts) accessories bakery goods delicatessens
bagel shops ice cream and other specialty stores, bicvcles, books
magazines cards stationery and newsstands. building materials
that are within completely enclosed buildings candy, camera and
photographic supplies, carpets, rugs and floor coverings, china
and alassware clothing apparel and costumes dry goods floral
shops foods electric and household appliances furniture fur
goods garden supplies (year -round operation only), groceries
hardware hobby supplies iewelry leather goods and luggage
boat sales that are within a completely enclosed building medical
supplies musical instruments office supplies, paint and wallpaper
professional and scientific instrument sales and repair, electronics,
audio and visual equipment and accessories shoes sign shops
(inside a building) sporting goods tobacco goods tovs
laundromat and dry cleaning photography studios picture
framing locksmith shops, movie and electronic game sales and
rental and re air incidental to sale of gods listed above.
B -1
B 2
B -3
IM
019 "P" Permitted Use "C" Conditional Use "A" Accessory Use "I" Interim Use
JIM
Page 43
)21
USE TYPES
ZONING DISTRICT
REFERENCES .
B -1
B -2
B -3
P -B
N -B
Satellite or microwave dishes and the like - prev+ded;
A. The reGeiVing devi%is accessory
A
A
A
A_
A_
I itie 1 i
Chapter 4
Section 8
GOrnmuniGatiGn sending and/or
t the pr use nn the site
is located the building adja%Ht to a
-R. .4 not within any of setbaGks
p ubl iG et.
G. it is net !GGated 9R the side OF F9Gf Gf the .
[D. Setbacks from are at least equal te the height G
Gther preperties
th dpy ep In ne P se shell the height exceed
GGMMU niG;#inn
Saunas and massage parlors
P
#P1
P
p
Title 3
Cha ter 8
Seasonal sales Gf IandsGaping materials 9F the like
Self Storaoe Facility
C
_
C
_
C
=
Title 11.
Chanter 10D
8
Sewing centers, machine sales, and sewing classes
P
P
P
Title 11
Chapter 10D.
Section 2
Chase co P@iF
P
_
Sh s ales and r e pa i r
P
P
P
=
P
T }I
Shap#er�02
c^
Showroom warehouse
I
I P
P
P
Sidewalks and trails
A_
A
A_
A
A
Title 11,
Chapter 10D.
Section 2
Sign shops, limited to over the counter retail sales of signs, banners or
other related graphic imagery
P
P
P
P
Title 11
Chapter 102
Section 2
reg ulated in title o ^hen +e. 8 of this ^^� e
Signs as _ - -- � _ �,
A
A
A
A
A
As regulate in
Title . 9 Section
8
and
_—
Title 11,
_Chapter 10D
Section 2
Siqns as permitted V
A
A
A
c da tt title 9. ghapter 8 of this cede
B-1
P
B -2
P
t B -3
P -B
N-B
_ _ . sieRs of
022
023 "P" Permitted Use "C" Conditional Use "A" Accessory Use "I" Interim Use
11MI!
Page 44
Q5
USE TYPES
ZONING DISTRICT
REFERENCES
B -1
I B -2
B -3
P -B
N•B
Solar ever incidental to the rinci al structure
A
— A
A
A
A
Sperting goads
P
R
R
P
T +�1-
ShaataFaOB
S
Stockpiling of material
I
I
I
I
Title 11.
Tanning salons
P
P
P
P
P
Chapter 10D,
Section 2
T .. Ti C h a pter 1 2 of th r a, Cede)
T attoo and body pie c o _ _ ___ -,
P
_
P
_
P
=
Title 3
Cha ter 12
Teen c enter
PP
_ PP _
Telecommutino center
P
P
P
P
far fGF the GGRStruGtiGR
A
purposes 9f GORStWtien
fly
Temporary buildings for construction purposes for a period not to
A
P A
PA
A
A__
Title 11
Chapter 10D
exceed the completion date of such construction
=
_
_
=
Section 2
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
Title 11
director and not meeting Title 5, Chapter 5 of this code) lasting
C
C
Chapter 10D
four (4) or more consecutive days and directed at the general
Section 10
public may be allowed as an accessory use on the premises of
permitted and conditional uses
Temporary outdoor promotional and merchandising activities (e.g.,
craft sales, food stands, car washes, flea markets, and other
i
activities /events deemed similar by the community development
Title 11,
director and not meeting Title 5, Chapter 5 of this code) lasting
C
C
Chanter 10D
four (4) or more consecutive days and directed at the general
Section 10
public may be allowed as an accessory use on the premises of
permitted and conditional uses
Theaters, drive -in
C
Thea in door
C
C
C
_
B -1
B -2
B -3
P -B
N
B
026
027 "P" Permitted Use "C Conditional Use "A° Accessory Use "I° Interim Use
1
Page 45
)29
USE TYPES
ZONING DISTRICT
REFERENCES
B•1
B•2
B -3
P -B
N•B
Toy stores
P
P
P
P
tttiC -I-i �
Chapter 19D,
Section -2
Title 11
Travel bureaus /agencies
P
P
P
P
P
Chapter 10D
Section 2
Title 11
Underground parking
C
C
C
C
C
Chapter 10D
Section 2
Title 11,
Vehicle repair— Conditional Use
C
r P
! C
Chapter
10 Section 7
Vehicle repair — Permitted Use
P
P
Title 11.
Cha pter
10D.Section 7
P
Veterinary offices and clinics; provided, no kennels or treatment areas
P
P
P
P
are located outside of the buildin
°
Veterina clinic with outdoor kennels
C
C
Wholesale businesses
P
P
P
Title 11
Cha�ter4
Section 6
Wind Enerav Conversion Systems
C
C
C
C
C
and
Title 11,
Chapter 10D
Section 2
Wireless communications freestandina around mounted antenna
C
C
support structure
Title 11.
Wireless communication facility entirely within an existina building or
A
A
A
A
A
Chapter 10D
on the roof or side of a building or attached to an exisUna structure
!
Section 2 _
--
B -1
B -2
B-3
P -B
N B
�___
030
031 "P" Permitted Use "C" Conditional Use "A" Accessory Use "I" Interim Use
032
Page 46
33 ARTICLE C. Development Standards
11 -10C -1 : Minimum and Maximum District Reguirements
(a) Purpose The development standards as provided in this Section depict the classification
of land uses within zoning districts.
(c)
(9) Permitted Uses. Uses identified in the zoning district column with the letter "P"
are allowed as permitted uses primary or accessory in the respective zoning
district.
Development Standards
B -1
B -2
B -3
P -B
N -B
Minimum of two
Minimum of
acres, unless the I
Minimum
Maximum of
Lot area
10,000 S ft.
a
land is adjacent to
of one
five acres
.
an existing
acre
commercial area.
��
100
Minim) um Lot width
100 feet
100 feet
100 feet
feet
Whenever a B -1
Whenever a B -2
Whenever a B -3
limited business
retail business
District abuts an
district abuts or is
district abuts an R
residential district, a
across the street,
district, a screen not
screen not less than
but not on the side
less than 50%
50% opaque nor
considered to be the
opaque nor less
less than six feet in
front, from an R
I
than six feet in
height; except
District, a screen
height shall be
adjacent to a street,
not less than 50%
erected and
where it shall be not
opaque nor less
maintained along
less than three feet
than six feet in
the side or rear
nor more than four
Title 11,
Screening
height shall be
property line that
feet in height; shall
Chapter 10D,
erected and
abuts the residential
be erected and
Section 2
maintained in the
district, except
maintained along
front portion of the
adjacent to a street,
the side or rear
lot or along the side
where it shall be not
property line that
or rear property line
less than three nor
abuts the residential
that abuts the R
more than four feet
district,
district, except
in height.
adjacent to a street,
where it shall be not
less than three nor
more than four feet
in hei ht.
35 feet, except
35 feet, except
buildings over 35
buildings over 35
Title 11,
Maximum building height
35 feet
feet shall be subject
feet shall be subject
45 feet
Chapter 10D,
to receiving a
to receiving a
Section 2
conditional use
conditional use
permit.
permit.
Minimum front y ard
30 feet
30 feet
L 30 feet
30 feet
30 feet
Page 47
Minimum side yard, interior lot
10 feet
10 feet
10 feet
10 feet
30 feet
line
Minimum side yard, interior lot
Title 11,
line adjacent to a residential
30 feet
30 feet
75 feet
75 feet
Chapter 10D,
district
Section 2
Minimum side yard, interior lot
Title 11,
30 feet
30 feet
30 feet
30 feet
Chapter 10D,
line adiacent to a street
Section 2
Title 11,
Minimum rear yard
35 feet
35 feet
35 feet
10 feet
Chapter 10D,
Section 2
Minimum rear yard, abutting a
Tine 11,
75 feet
75 feet
75 feet
75 feet
Chapter 10D,
residential district
Section 2
_
Minimum rear yard, abutting a
( 10 feet
10 feet
10 feet
railroad track right-of-wa
Maximum building co verage
35%
Any area zoned B -1
Any area zoned B -2
shall include at least
shall include at least
Title 11,
Lot Requirements
two acres, unless
two acres, unless
Chapter 1
p
the land is adjacent
the and is adjacent
Section 2
to an existing
to an existing
commercial area.
commercial area.
)48
)49
)50
)51
)52
)53
)54
)55
)56
ARTICLED Performance Standards
11 -10D -1 : Planned Business District Performance Standards:
)57
B. Permit Pro
)58
use is perr
)59
st andards ,
060
D61
062
063
064
065
r.•
the proposed site.
070 b. Other data and certification as may reasonabiv be required by the Director of
071 Community Development to reach a determination.
Page 48
)72
)73
)74
)75
)76
)77
)78
)79 b. Waste Material:
contaminants.
101 d. Vehicles:
102 (1) No storaae display or parkina of vehicles shall be permitted in any reauired yard
103 or landscaped areas.
104 21 No comme rcial vehicle..Class I or Class II. shall park in front of the princiaal
105 structure.
106
107
108
109
110
Page 49
to an existina buildina.
11- 10D -2° Neighborhood Business District Performance Standards:
A. Drive - through banks:
1 Each drive - throuah must have stacking for six vehi cles.
2 The drive-through must have a separated designated drive aisle
3. The drive-through is limited to two drive aisles in total
B. Motor fuel stations:
1 Only one gas station /convenience center is permitted per N-
B District.
2 The total square footage for the gas station /convenience center and any accessory
structures including a car wash is limited to 4.000 square feet.
neaative traffic impacts.
4 The canopy must be located away from adjoining residential neighborhoods.
5 Canoov liahtina must be recessed flush mounted.
6 The canopy face shall be unlit except for the amount allocated to sianaae.
6:00 A.M. to 10:00 P.M.
h t - i o-n 7 E Gr
in s�se� I
;o„— r, — 1. � n �o�
Chapter 10D. Section 5
Page 50
46 9. The canopy size cannot exceed the aggregate sauare footaae of the other buildings on
47 the site.
48
49
50
51
52
53 D Screening and Landscaping:
159
160
161
162
163
council may waive compliance with this paragraph if it finds that site topoaraphv and
tree preservation provide equivalent natural screening without berming
164
3. Parkin
165
space
166
street.
167
168
169
170
171
172
173
the loading dock.
30 feet
25 feet
30 feet
25 feet
20 feet
174 F. District Requirements:
Page 51
Coniferous trees must be at least six feet in height.
1. Size Limitation: A B-N Neiahborhood GOrnmersa- Business District N -B may not exceed
five (5) acres in size.
2. Location Limitation: B-N Neighborhood semmersia4 Business Districts N -B must abut
upon a designated arterial or collector street
Neiahborhood ^^tea; Business
District. N -B must comply with the requirements in Chapte
requirements of this section whichever is more restrictive.
F. Signs:
2 Covenants must be recorded to ensure consistency of sianaae for all properties in th
district. Th covenants must identify permitted sizes locations and types of sianaae
3 Each tenant within the district is permitted one temporary sign fora period not to exceed
thirty (30) days.
G. Parking And Traffic Circulation:
1 The number of arkina 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
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 adioinina 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:
Page 52
facade.
11- 10D -3• Automobile Car Wash is subject to the following:
0
Foll
least four feet.
C. All overhead vehicle doors on the building shall remain closed except when a vehicle is
entering or exiting the building.
D. Commercial car washes shall have a minimum of six stacking spaces per wash stall.
Each space shall be -a minimum of nine feet wide by 18 feet Iona.
E. Stacking lanes shall not interfere with circulation in anv required parking, loading,
maneuverina or pedestrian area.
F. Untreated water from the car wash shall not be discharged into the storm sewer.
Page 53
property boundary lines involved.
B Comply with chapter 53A of the Minnesota statutes
11- 10D -5: Motor Fuel Stations within the 9-N N -B District are subiect to the followina
performance standards:
A. Only one gas station /convenience center is permitted per neighborhood commercial
district.
negative traffic impacts.
D. The canopy must be located aw from a I oinina residential neighborhoods.
E. Canopy lighting must be recessed flush mounted.
F The canopy face shall be unlit except for the amount allocated to sianage.
283 I. Underground fuel storage
284 fuel transports and unload
285 other activities on the site.
Page 54
boundary lines involved.
minimum 24 feet between puma rows measured curb -face to curb -face.
?86 J. A protective canopy structure maybe located over the pump islands, subject to the
?87 following:
?88 1 The edge of the canopv shall maintain setbacks as regujred for the principal building
?89 on the site.
M 2. The architectural design. col
?91 the principal building. The c
?92 option of the pas pumps.
M
?94
?95
?96
?97 4. The canopv fascia shall not exceed three feet vertical heiaht.
7. The canopv size cannot exceed the aggregate square footage of the other buildings
on the site
K No public address system shall be audible from a noncommercial or nonindustrial use
or district.
L. The sale storage. or display of vehicles is prohibited.
A The merchandise or egujpment are adjacent to and project no farther than five feet from
the primary building.
B Where sidewalks are present a minimum access width of four feet must be provided.
Page 55
enhances the site and /or is more consistent with the principal structure.
allowed more than two building frontages.
F Outside display should be a general representation of the products sold or rented on site
not a storaae area for inventory on pallets.
11- 10D -7• Vehicle Repair as Permitted or Conditional Uses
Vehicle repair as a permitted use is subiect to the following:
and the like.
C Outdoor storage of tires. parts. materials and eauipment is prohibited.
E Public address system outside a building is prohibited.
H. Auto body repair is prohibited.
J. Repair of commercial vehicle class I and class II are prohibited.
K. Landscaping must be in compliance with section 11 -6 -5 of this title.
Vehicle repair as a conditional use is subiect to the following:
Page 56
and the like.
D. Outdoor st of fire parts materials a equipment is prohibited.
F. Public address system outside a building is prohibited.
G. The hours of operation may be restricted to limit impacts to adjacent uses.
H. Auto body repair is prohibited.
J. Test driving vehicles on local residential streets as described in the transportation element
of the adopted Future Vision 2030 Comprehensive Plan is prohibited.
K. Repair of commercial vehicles class I and class II is prohibited.
L. Advertising sianage facing residential uses is prohibited.
M. L andscaping must be in compliance with section 11 -6 -5 of this title.
11- 10D -8: Self Storaae Facilities subLect to the following conditions:
0
B. Shall have a security system adequate to limit access to persons renting a storage site
C. Shall screen all storage consistent with the City Code requirements.
I
Page 57
E. Exterior storage is prohibited.
F. S hall not be located closer than 300 feet to any residential use and /or zone.
G. Ail drive aisles and parking surfaces are surfaced with asphalt or concrete.
H. All sto raae space opening shall be oriented internally to the facility and shall
J
K. Access to the interior of the fenced area shall be available to emergency responders in
a manner acceptable to the Fire Marshal.
L. Common parking space available to all storage units shall be rovided at a rate no les
than one space per 6.000 sauare feet of storaae area
11- 10D -9: Outdoor Seating or Dining, subject to the following:
A. The site and enclosures) shall be designed to limit the effects of outdoor seating or
dinina areas on contiguous properties and /or public right -of -way.
4
C. The seating area shall not interfere with circulation in anv reauired parkina. load in
maneuvering or pedestrian area.
FBI
E.
F
Page 58
G
MI
I. The seatina area. if not slab on grade. shall be subiect to applicable setback
reauirements.
J. The seating area shall have a permanent surface of concrete. asphalt, _wood or other
fabricated construction material.
S
L
M. The outdoor seating area shall be subordinate to the principal use and shall not exceed
25 percent of the square footage of the principal use building space.
N. Lighting shall be permitted to the extent that it only illuminates the designated area.
O.
P. Additional a
outdoor sea
used areas.
Q. For establis
those listed
a.
b.
Page 59
and contiguous location.
demonstrated on a site plan.
C. No alcoholic beverages shall be served to persons outside of the designated
no I
e.
11- 10D -10: Temporary Outdoor Promotional and Merchandising Activities.
A. The outdoor event activity shall not be more than once per week.
AH
C.
D. Parking on public rights of way and streets is prohibited.
A
F. Shall have written authorization from property owner.
In
H. Signaae related to the event shall be in compliance with the city's sign ordinance.
Page 60
requirements of this title.
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 lightina shall be install 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 fora period not to exceed three (3) years from
the date of approval
SECTION 2. EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its adoption and publication according to law.
Passed this day of
2012.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
Published in the South Washington County Bulletin on [Date].
Page 61
RESOLUTION NO. 2012 -XXX
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. XXX BY TITLE AND SUMMARY
WHEREAS, the City Council of the City of Cottage Grove adopted Ordinance No. XXX,
which amends City Code Title 11, Chapter 10, Business Districts, which updates the ordinances
relating to the City's commercial zoning districts; and
WHEREAS, Minnesota Statutes, Section 412.191, subd. 4 allows publication by title and
summary in the case of lengthy ordinances; and
WHEREAS, the City Council believes that the following summary would clearly inform the
public of the intent and effect of the ordinance.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove,
County of Washington, State of Minnesota, that the City Clerk shall cause the following
summary of Ordinance No. XXX to be published in the official newspaper in lieu of the entire
ordinance:
Public Notice
The City Council of the City of Cottage Grove has adopted Ordinance No. XXX.
The ordinance amends City Code Title 11, Chapter 10, Business Districts. This
amendment updates the ordinances relating to the City's commercial zoning
district by adding and changing the list of allowed land uses, performance
standards of certain commercial uses, purpose statements, and development
standards in all the commercial zoning districts and improving the readability of
this zoning code. The entire text of Ordinance No. XXX is available for inspection
at Cottage Grove City Hall during regular business hours and is posted at the
Washington County Park Grove Library.
BE IT FURTHER RESOLVED that a complete copy of the ordinance is kept in the City
Clerk's office at City Hall for public inspection and a copy of the ordinance will be posted on the
Public Notice Bulletin Board at City Hall, 7516 — 80th Street South.
Passed this 16th day of May 2012.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
EXCERPT FROM UNAPPROVED MINUTES OF THE
PLANNING COMMISSION MEETING ON APRIL 23, 2012
6.1 Commercial Zoning Districts —Case TAI 1 -021
The City of Cottage Grove has applied for a zoning text amendment to City Code Title 11,
Chapter 10, Business Districts, to update the ordinances relating to the City's commer-
cial zoning districts.
McCool summarized the staff report and recommended approval
Rostad asked if there are hours of operation for self- storage facilities. Ventura stated 6:00
a.m. t0 4 1 4 1:00 p.m.
Rostad opened the public hearing. No one spoke. Rostad closed the public hearing.
Rostad asked if an establishment has just an outdoor smoking area, would a specific number
of seats be assigned to that area for parking space calculations. McCool responded that
there will be an occupancy limit based on the building code, and the area would be included
in the calculation for parking spaces.
Ventura asked if Las Margaritas would be in compliance with their outdoor seating area.
McCool responded no because their north property boundary line is adjacent to a residential
zoning district. Ventura asked about the parking calculation for the Shoppes at Gateway
Retail Center. McCool responded that a variance had been granted for this commercial
project and was unsure of the number of outdoor seating for Las Margaritas. He noted that
their outdoor seating area would become a nonconforming use if the proposed ordinance
amendment was adopted by the City Council.
Rostad noted that Commissioner Reese arrived at 7:10 P.M
Rediske asked about the definition of "audible." McCool responded that is a term he found in
many cities' ordinances. If there are complaints, it would be staff's responsibility to determine
whether sound was audible. Rostad noted that the ordinance states "audible for public ad-
dress or external music" and asked if crowd noise could be heard but not background music.
Roland answered yes.
Reese asked if in the past, applications were denied but would now be allowed under this
revised ordinance. McCool responded that he does not recall any planning applications that
had been denied because they could not meet the requirements. Reese asked if there are
areas that may have received a variance that would now be in conformance with this
ordinance. McCool does not believe so. He noted that the City currently has no regulations
for outdoor seating but some existing restaurants currently provide outdoor seating areas
and is unaware of any citizen complaints.
Ventura made a motion to approve the commercial zoning ordinance text amendment
as presented by staff. Pearson seconded the motion. Motion passed unanimously (6-
to -0 vote).