The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Definitions listed apply only to the RD district.

Brew pub means a brewer who holds one or more retail on-sale licenses and who manufactures fewer than 3,500 barrels of malt liquor in a year, at any one licensed premises, the entire production of which is solely for consumption on tap on any licensed premises owned by the brewer, or for off-sale from those licensed premises as permitted by state statute.

Brewer means a person or entity who manufactures malt liquor for sale.

Brewer taproom means an area on the premises of a brewery or on the premises adjacent to a brewery owned by the brewer in which the brewer sells or otherwise provides exclusively malt liquor produced by the brewer for consumption within the brewer taproom.

Brewery means a facility that brews malt liquor for distribution off site.

Cigar lounge means a licensed tobacco products shop limited to cigars and pipes and operated in compliance with the Minnesota Clean Indoor Act (M.S.A. §§ 144.411 to 144.417).

Cocktail room means on-sale of distilled liquor or wine produced for consumption on the premises owned by the distillery.

Distillery means a place or establishment where strong alcoholic drinks are produced by the process of distilling.

Farmers market means a food market at which local farmers sell fruit and vegetables and often meat, cheese and bakery products directly to consumers.

Live entertainment means an activity performed in person by one or more individuals for the purpose to amuse or interest an audience including, but not limited to, bands and disc jockeys.

Market means a place where buyers and sellers can meet to facilitate the exchange or transaction of goods and services.

Microdistillery means a place or establishment where strong alcoholic drinks are produced by the process of distilling in small quantities usually done in a single batch.

Professional office uses means those commercial activities that take place in office buildings, where goods are not produced, sold, or repaired.

Spa means a business that offers at least two out of three types of treatments: massage, skin care or other services like body wraps and scrubs.

(Code 2004, pt. 3, § 30.901; Ord. No. 22-2506, 7-18-2022; Ord. No. 24-2557, § 30.901, 9-4-2024; Ord. No. 24-2566, § 30.901, 10-21-2024)

The intent of the 105th Avenue Redevelopment District (RD) is to promote development and redevelopment consistent with the master plan for the 105th Avenue Redevelopment Area by encouraging residential uses in conjunction with commercial and expanded recreational activities to create an entertainment district. To create greater flexibility in land uses, and at the same time protect the interest of surrounding properties in the following ways:

(1)

By promoting a planned environment for integrated commercial uses which feature design continuity. A development shall reflect a common theme using compatible architectural design and consistency in signage, landscaping and lighting.

(2)

By encouraging a more creative approach in development, that will result in quality living environments through innovative design and aesthetic controls.

(3)

By providing for mixed use developments that are carefully planned to promote efficient use of land, parking, and open space.

(4)

By providing enhanced oversight through site plan approvals to ensure compatibility of mixed uses and consistency with the approved master plan.

(5)

By encouraging pedestrian access.

(6)

By allowing flexibility in setback and height restrictions.

(7)

By ensuring high standards of site design, architectural design, building materials and landscape design are achieved through design guidelines and approvals.

(8)

By providing the means for greater creativity and flexibility in environmental design than is provided under the strict application of the city zoning regulations and subdivision ordinance, while, at the same time, preserving the health, safety, order, convenience, prosperity, and general welfare of the city.

(Code 2004, pt. 3, § 30.902; Ord. No. 22-2506, 7-18-2022)

(a)

All new buildings and additions require site plan approval through the planning commission and city council.

(b)

A development agreement is required as part of the development approval and shall address, at a minimum, approved site and building design criteria, approved sign locations and design criteria, construction phasing, parking, cash escrow or letter of credit for construction of on-site and off-site improvements generated by the development.

(c)

All buildings are subject to and must meet the design guidelines for the district.

(d)

The district shall be governed by and maintained through an association or under the terms of a reciprocal easement and maintenance agreement or similar document which will provide maintenance on sidewalks, private streets, landscaping, snow removal, trash removal and parking for the district.

(Code 2004, pt. 3, § 30.903; Ord. No. 22-2506, 7-18-2022; Ord. No. 24-2566, § 30.903, 10-21-2024)

The following are permitted uses in the 105th Avenue Redevelopment District (RD):

(1)

Art galleries and studios.

(2)

Bakery.

(3)

Candy or ice cream shops.

(4)

Cigar lounge.

(5)

Coffee shop.

(6)

Delicatessen stores.

(7)

Entertainment, such as live music.

(8)

General retail.

(9)

Market or grocer under 5,000 square feet.

(10)

Multifamily residential.

a.

Multi-level multiple unit (apartments).

b.

Townhomes.

(11)

Professional office or clinic.

(12)

Restaurants.

a.

Class I.

b.

Class II under 20,000 square feet without drive-through.

c.

Food hall.

(13)

Hotel with or without banquet/convention space.

(14)

Indoor recreation, not including fitness uses.

(15)

Shared or off-site parking within the 105 Redevelopment Area.

(16)

Structured parking including parking ramps.

(Code 2004, pt. 3, § 30.904; Ord. No. 22-2506, 7-18-2022; Ord. No. 24-2557, § 30.904, 9-4-2024; Ord. No. 24-2566, § 30.904, 10-21-2024)

All land uses listed below shall be reviewed and approved pursuant to the conditional use permit procedures in section 101-4:

(1)

Brewer tap room as associated with and on the same site as a licensed brewery.

(2)

Farmers market.

(3)

Outdoor recreation, such as a driving range, sports field, axe throwing, pickleball, minigolf, not including fitness uses.

(4)

Licensed cocktail room with and on the same site as a licensed distillery/microdistillery or winery.

(5)

More than one principal building on one lot.

(6)

Outdoor seating/dining.

(7)

Rooftop signage.

(8)

Off-site parking outside of the 105 Redevelopment Area.

(9)

Spa as defined in this part.

(10)

Taproom.

(11)

Drive-through located south of 105th Avenue NE, limit to one per parcel.

(12)

Any signage not specifically permitted pursuant to section 117-34.

(Code 2004, pt. 3, § 30.905; Ord. No. 22-2506, 7-18-2022; Ord. No. 22-2514, 12-19-2022; Ord. No. 23-2527, § 30.905, 9-6-2023; Ord. No. 24-2566, § 30.905, 10-21-2024)

The following are prohibited uses in the 105th Avenue Redevelopment District (RD):

(1)

Auto sales: indoor or outdoor sales.

(2)

Automobile repair.

(3)

Car washes.

(4)

Daycare.

(5)

Drive-through facilities, except when located south of 105th Avenue NE.

(6)

Fitness centers, including yoga and gyms.

(7)

Gas/convenience stores.

(8)

Outdoor storage.

(9)

Pawn shops.

(10)

Self-storage/mini storage.

(11)

Tobacco/vape shops, except for cigar lounges as defined in section 117-19.

(12)

Any uses not listed as permitted, or conditional.

(Code 2004, pt. 3, § 30.906; Ord. No. 22-2506, 7-18-2022; Ord. No. 23-2527, § 30.906, 9-6-2023; Ord. No. 24-2557, § 30.906, 9-4-2024)

(a)

Setbacks. A consistent street edge must be maintained at the right-of-way line along all street frontages. Street edge elements may consist of the principal building, landscaping, or a combination of these elements. Exceptions may include property which is adjacent to a water feature, surface parking or other instances the city council deems appropriate.

(b)

Building height is a minimum of two stories and a maximum of 150 feet. All buildings must be in compliance with Federal Aviation Administration regulations.

(c)

Sidewalks are required along all public and private streets. The location and alignment of new sidewalks shall connect directly to existing sidewalk network.

(d)

Mechanical equipment. All mechanical equipment shall be screened and properly maintained with material similar to the material used on the main structure. Screened mechanical equipment shall not be located in the front or street side yards.

(e)

Trash enclosure. Refuse facilities shall be located only in the side yards or rear yards when feasible. Refuse facilities may be located in the front yard subject to approval of the zoning administrator. Such facilities shall be constructed of masonry materials such as brick or textured block in colors compatible with the principal structure. Such facilities shall have solid gates.

(Code 2004, pt. 3, § 30.907; Ord. No. 22-2506, 7-18-2022; Ord. No. 24-2566, § 30.907, 10-21-2024)

(a)

Minimum spaces required. The minimum spaces required for residential parking are as follows:

(1)

Multi-unit building.

a.

1.5 spaces per unit.

b.

Minimum of one underground.

(2)

Townhouse: two garage spaces per unit.

(b)

Access; driveway location; review. Parking areas shall have access to a public alley or street. Driveways shall be located to minimize interference with traffic movement. Parking will be reviewed as part of the site plan; a parking analysis is required as part of the review.

(c)

Surface parking.

(1)

Parking lots shall be located to the rear of the buildings, or side yards if a rear location is not feasible.

(2)

When parking areas abut the street, the sidewalk edge must be delineated with landscaping, architectural fencing (meeting design guidelines) or other decorative features.

(d)

Shared parking.

(1)

One or more residential buildings may provide the required off-street parking facilities by joint use of one or more sites where the total number of spaces provided are less than the sum of the total required for each residential use should they provide them separately.

(2)

The following are required for shared parking:

a.

The building or use for which off-street parking facilities will be provided by another building or use shall be located within 800 feet of such parking facilities.

b.

There shall be demonstrated no substantial conflict in using shared facilities through a professional parking analysis.

c.

Shared parking facilities shall record with the county an irrevocable covenant running with the land. A certified copy of the recorded agreement shall be provided to the zoning administrator prior to issuance of a building permit.

(Code 2004, pt. 3, § 30.908; Ord. No. 22-2506, 7-18-2022; Ord. No. 24-2566, § 30.908, 10-21-2024)

All buildings must meet and be consistent with the following design guidelines:

(1)

Exterior wall finishes.

a.

At least 50 percent of all exterior wall finishes on any building shall be comprised of a combination of at least three of the following materials with all materials present on each elevation:

1.

Brick.

2.

Natural or cultured stone.

3.

Glass.

4.

Stucco or exterior insulation and finish systems (EIFS).

5.

Fiber cement or composite siding.

6.

Architectural metal.

7.

Integrally colored rock-faced block.

b.

The remaining portion of all exterior wall finishes shall be comprised of any combination of decorative, rock-faced concrete block and textured concrete panels, or other comparable or superior materials as approved by the zoning administrator. All materials subject to zoning administrator approval.

(2)

Building articulation elements shall be provided at a maximum average spacing of 40 feet.

(3)

Flat rooflines are encouraged.

(4)

Façade articulation shall be provided through any of the following elements:

a.

A projecting bay, entry vestibule, or recess extending from the ground level through the second floor.

b.

A ground-level recess.

c.

A change in the rhythm of windows at the ground level and second floor, combined with a change of parapet height or material.

(5)

All buildings shall provide ground floor windows along facades, parks, plazas or other public outdoor spaces. Darkly tinted windows or windows that block two-way visibility are prohibited.

(6)

Awnings.

a.

An awning may project over the public sidewalk provided that it is at least eight feet above grade and does not project more than two-thirds the width of the public sidewalk as measured from the building.

b.

Awnings must be constructed of durable, water repellent material such as canvas or metal. Plastic or fiberglass are not permitted.

c.

Backlit or illuminated awnings are not permitted.

d.

Retractable or fixed awnings may be used.

e.

Awnings shall not extend across multiple buildings. Long expanses of awnings should be broken into segments that reflect the door or window openings located beneath.

f.

Awning colors and materials shall complement the building façade.

g.

Signage on awnings is permitted on the end panel or valance only. Lettering size shall be proportional to the space available as approved by the zoning administrator.

h.

Awnings and canopies deteriorate over time; regular maintenance and replacement is required. If material shows signs of wear, including, but not limited to, fraying, fading, or physical damage to the awning.

i.

Awnings should be part of the site plan review and receive approval. Any encroachments over public right-of-way shall be approved by the city council prior to construction.

(Code 2004, pt. 3, § 30.909; Ord. No. 22-2506, 7-18-2022)

(a)

Setbacks. A consistent street edge must be maintained at the right-of-way line along all street frontages. Street edge elements may consist of the principal building, landscaping, outdoor seating, or a combination of these elements. Exceptions may include property which is adjacent to a water feature, surface parking or other instances the city council deems appropriate.

(b)

Building height. All buildings shall be in compliance with Federal Aviation Administration regulations.

(c)

Sidewalks. Sidewalks are required along all public and private streets. The location and alignment of new sidewalks shall connect directly to existing sidewalk network.

(d)

Mechanical equipment. All mechanical equipment shall be screened and properly maintained with material similar to the material used on the main structure. Screened mechanical equipment shall not be located in the front or street side yards.

(e)

Trash enclosure. Refuse facilities shall be located only in the side yards or rear yards when feasible. Refuse facilities may be located in the front yard subject to approval of the zoning administrator. Such facilities shall be constructed of masonry materials such as brick or textured block in colors compatible with the principal structure. Such facilities shall have solid gates.

(f)

Outdoor display. Outside display area is limited to a maximum of 30 percent of the width of a building frontage and is not to exceed a total of 150 square feet of area for buildings under 40,000 square feet and not to exceed 400 square feet for buildings larger than 40,000 square feet. The term "building frontage" means the dimension or width of a store front occupied by the retailer establishing the outside display. For purposes of this section, a frontage must contain a public or customer entrance or exit and no space is allowed more than two frontages.

(1)

Outside display to be located immediately adjacent to and within the dimensions of the building frontage and shall not extend from the front building edge more than 50 inches.

(2)

Outside display shall not exceed a height of 60 inches.

(3)

Vending machines or cabinets for items such as beverages, ice and propane are not permitted.

(4)

Outside display shall not be located so as to block pedestrian walkways, doorways, parking stalls, drive aisles (including access for emergency services). Thiry-six inches is the minimum width required to maintain pedestrian access.

(5)

Outside display to be maintained in an orderly and attractive manner that does not detract from the image of the community or adjacent businesses.

(6)

Outside display should be a representation of the products sold on site, not a storage area for inventory on pallets.

(7)

Products shall be able to be sold from the display.

(Code 2004, pt. 3, § 30.910; Ord. No. 22-2506, 7-18-2022; Ord. No. 24-2566, § 30.910, 10-21-2024)

Commercial parking areas shall have access to a public alley or street. Driveways shall be located to minimize interference with traffic movement. Parking will be reviewed as part of the site plan; a parking analysis is required as part of the review. On-street parking, parking structure, and shared parking are encouraged.

(1)

Surface parking.

a.

Parking lots when feasible should be located to the rear of the buildings or side yards.

b.

When parking areas abut the street, the sidewalk edge must be delineated with landscaping, architectural fencing (meeting design guidelines) or other decorative features.

(2)

Parking structure.

a.

Parking structures shall be appropriately located and behind the rear of the building when practical.

b.

Parking structures abutting any public street or walkway shall be compatible with the materials and architectural style of surrounding buildings.

c.

Parking structures shall be designed so that vehicles are not visible from the sidewalk and the only opening at the street level are those to accommodate vehicle ingress and egress.

d.

Snow storage areas shall not be located in the front or side yard abutting a street. If storage is not accommodated on site, it shall be hauled out.

(3)

Shared parking.

a.

One or more businesses may provide the required off-street parking facilities by joint use of one or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately.

b.

The following are required for shared parking:

1.

The building or use for which off-street parking facilities will be provided by another building or use shall be located within 800 feet of such parking facilities.

2.

There shall be demonstrated no substantial conflict in using shared facilities through a professional parking analysis.

3.

Shared parking facilities shall record with the county an irrevocable covenant running with the land. A certified copy of the recorded agreement shall be provided to the zoning administrator prior to issuance of a building permit.

(4)

Off-site parking. Any parking located outside of the 105 Redevelopment Area which is used to meet the requirements of this section shall be a conditional use if the following conditions are met:

a.

Reasonable access from the off-site parking facilities to the use being served shall be provided.

b.

An agreement or lease shall be approved as part of the conditional use permit. The agreement/lease shall specify the total number and location of parking spaces under contract.

(5)

Off-street parking requirements; approved parking spaces location. The off-street parking requirements shall be established by the zoning administrator based upon the characteristics and functional similarities between uses, including, but not limited to: the size of building, type of use, number of employees, expected volume and turnover of customer traffic, and expected frequency and number of delivery or service vehicles. For structures containing multiple uses, each shall be calculated separately. The requirements may be revised upward or downward by the city council as part of an application for a conditional use permit based on verifiable information pertaining to parking.

(6)

Parking analysis requirements. A parking analysis is required when a new building is proposed on a site, for tenant improvements or when a more intense use is proposed in an existing building. The parking analysis is to be prepared by a professional who has knowledge and experience with parking needs and assessments. The analysis should consist of the following information:

a.

A site plan of the property identifying where the proposed project is located, showing all existing uses/tenant spaces and all existing parking space locations.

b.

Parking analysis matrix that includes:

1.

Names of all existing/proposed uses with tenant address;

2.

Each tenants total building square footage, existing and proposed;

3.

Lists dining and seating counts for restaurant, bar, brewery, cocktail room and coffee shop uses; and

4.

Lists an accurate total number of all existing parking spaces onsite.

c.

Proposed parking layout and number of stalls for the development.

d.

Floor plan layouts may be required to determine relevant seating areas and other-relevant square-footage areas.

e.

Parking adequacy should be determined prior to making major financial and legal commitments related to the property. In some cases, insufficient on-site parking may prevent the proposed project/use from being permitted.

(Code 2004, pt. 3, § 30.911; Ord. No. 22-2506, 7-18-2022; Ord. No. 24-2566, § 30.911, 10-21-2024)

The following standards are required for outdoor seating and service of food and beverages:

(1)

The use shall not be located in the interior or rear yard if the use is adjacent to a parcel that is occupied by a residential use. This will not apply if the first floor of the building located on the adjacent parcel is not occupied by a residential use or if a residential use is located above the principal use.

(2)

Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or ten percent of the gross floor area of the principal use, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or ten percent of the gross building area, whichever is less.

(Code 2004, pt. 3, § 30.912; Ord. No. 22-2506, 7-18-2022)

All buildings must meet and be consistent with the following design guidelines:

(1)

Exterior wall finishes.

a.

At least 75 percent of all exterior wall finishes on any building shall be comprised of a combination of at least three of the following materials with all materials present on each elevation:

1.

Brick.

2.

Natural or cultured stone.

3.

Glass.

4.

Stucco.

5.

Fiber cement or composite siding.

6.

Architectural metal.

7.

Integrally colored rock-faced block.

b.

The remaining portion of all exterior wall finishes shall be comprised of any combination of decorative, rock-faced concrete block and other comparable or superior materials as approved by the zoning administrator. All materials subject to zoning administrator approval.

(2)

All buildings are to incorporate four-sided design.

(3)

Franchises or national chains with standardized architecture and signage shall comply with the standards contained in this section. Aggressive and bright signage must be altered and scaled down to meet the intentions of these standards.

(4)

Building articulation elements shall be provided at a maximum average spacing of 40 feet.

(5)

Façade articulation shall be provided through any of the following elements:

a.

A projecting bay, entry vestibule, or recess extending from the ground level through the second floor.

b.

A ground-level recess.

c.

A change in the rhythm of windows at the ground level and second floor, combined with a change of parapet height or material.

(6)

All buildings shall have at least one customer entrance facing an abutting public or private street, rather than just the parking area. A building may have more than one entrance. Customer entrances shall be open to the public during business hours.

(7)

Main building entrances shall be architecturally emphasized and visible from the street by utilizing design features such as awnings, pillars, special building materials or architectural details.

(8)

All buildings shall provide ground floor windows along facades, parks, plazas or other public outdoor spaces. Darkly tinted windows or windows that block two-way visibility are prohibited.

(9)

Awnings.

a.

An awning may project over the public sidewalk provided that it is at least eight feet above grade and does not project more than two-thirds the width of the public sidewalk as measured from the building.

b.

Awnings must be constructed of durable, water repellent material such as canvas or metal. Plastic or fiberglass are not permitted.

c.

Backlit or illuminating awnings are not permitted.

d.

Retractable or fixed awnings may be used.

e.

Awnings shall not extend across multiple storefronts or multiple buildings. Long expanses of awnings should be broken into segments that reflect the door or window openings located beneath.

f.

Awning colors and materials shall complement the building façade.

g.

Signage on awnings is permitted on the end panel or valance only. Lettering size shall be proportional to the space available as approved by the zoning administrator.

h.

Awnings and canopies deteriorate over time; regular maintenance and replacement is required if material shows signs of wear, including but not limited to fraying, fading, or physical damage to the awning.

i.

Awnings should be part of the site plan review and receive approval. Any encroachments over public right-of-way shall be approved by the city council prior to construction.

(Code 2004, pt. 3, § 30.913; Ord. No. 22-2506, 7-18-2022)

The use of window boxes, hanging flower baskets, or other seasonal landscaping is encouraged. Window boxes, hanging plants and platers should be near entrances.

(1)

The periphery of all parking lots shall be well landscaped along the public right-of-way to maintain an edge that contains low shrubs, street trees, decorative fencing (per design guidelines) or a combination of these elements.

(2)

Trees, shrubs, groundcover, and perennial plantings shall be required at the base of a parking structure. Perimeter planters may be required around the upper-level decks of the parking structure, particularly when facing a public right-of-way.

(3)

Sodding and ground cover. All open areas of any site not occupied by building, parking, or storage, shall be sodded over four inches of topsoil. Exceptions are as follows:

a.

Seeding over four inches of topsoil of future expansion areas as shown on approved plans.

b.

Undisturbed areas containing existing natural vegetation which can be maintained free of foreign and noxious materials.

c.

Areas designated as open space for future expansion area properly planted and maintained with grass.

(4)

Slopes and berms.

a.

Final slope grade steeper than the ratio of 3:1 will not be permitted without special approval or treatment, such as terracing or retaining walls.

b.

Berming used to provide required screening of parking lots and other open areas shall not have a slope to exceed 3:1.

(5)

Use of landscaping for screening.

a.

Where natural materials, such as trees, are approved in lieu of the required screening by means of walls or fences, density and species of planting shall be such to achieve opaqueness year round.

b.

Landscaping may be permitted in utility and drainage easements or road right-of-way with the approval of the zoning administrator.

(Code 2004, pt. 3, § 30.914; Ord. No. 22-2506, 7-18-2022)

Any lighting used to illuminate off-street parking and driving areas, signs, or structures shall consist of downcast style fixtures with a concealed or shielded light source to prevent glare or spill to adjacent right-of-way or properties.

(1)

Pole-mounted lighting shall not have pole heights exceeding 100 feet.

(2)

No light or combination of lights, including illuminated signs, that cast light upon a public street shall exceed one footcandle meter reading as measured at the edge of roadway. No light or combination of lights that cast light upon a residentially zoned property shall exceed 0.4 footcandle meter reading as measured at the residential property line. All measurements shall be made after dark at the property line or edge of roadway. The city may limit the hours of operation of outdoor lighting if it is deemed necessary by the city to reduce impacts on the surrounding neighborhood.

(3)

Light fixtures shall be consistent with design guidelines or receive express approval from the city zoning administrator.

(Code 2004, pt. 3, § 30.915; Ord. No. 22-2506, 7-18-2022; Ord. No. 24-2566, § 30.915, 10-21-2024)

(a)

The sign standards provided for in subsection (b) of this section apply only to the 105th Avenue Redevelopment District. If not regulated in this section, chapter 133 shall apply. All signage must meet and be consistent with design guidelines.

(b)

In addition to the signs allowed without a permit pursuant to chapter 133, two signs are allowed per business. The two allowed signs must be one wall sign and either a three-dimensional sign, projecting sign or awning sign.

(c)

Design standards. All signs shall adhere to the following design standards:

(1)

Generally.

a.

Use simple sign shapes to complement the architecture of the building.

b.

Signs shall not obscure architectural features of buildings, including window or door openings.

c.

Sign shall be used to display the primary name of the business only.

d.

Use only one line of lettering, if possible.

e.

Only one sign containing the business name or graphic logo shall be permitted per street facing side. Projecting signs are allowed in addition to the one sign allowed facing the street. Use simple, bold lettering with sufficient contrast between the lettering and the background.

(2)

Sign lighting.

a.

Indirect incandescent lighting shall be permitted.

b.

Spotlights must be placed discreetly to shield from pedestrians and vehicular traffic.

c.

Neon signage may be used if approved as part of the overall sign plan.

(3)

Wall signs. Wall signs shall meet the following requirements:

a.

The total building signage may have an aggregate area not exceeding one square foot for each foot of building face parallel or substantially parallel to a street lot line with a maximum of 150 square feet.

b.

It must not project more than 12 inches from the wall to which the sign is affixed.

(4)

Multi-tenant wall signs.

a.

Where a principal building is devoted to two or more permitted uses, the operator of each use may install a wall sign for its use consistent with a building sign plan approved by the city. The total gross signage for the entire building may not exceed one square foot for each foot of the building face parallel, or substantially parallel, to a street lot line with a maximum of 25 square feet per business.

b.

Design the sign plan to emphasize the whole width and geometry of the building and individual storefronts and tenant spaces.

c.

Placement of individual tenant signs shall be coordinated to achieve a unified signage appearance in sign heights, widths, depths, coloring and lettering sizing.

d.

Signs shall use a common lettering style and color scheme.

e.

A sign shall not span across different buildings.

(5)

Monument signs.

a.

The area of a monument sign may not exceed 15 square feet.

b.

A monument sign may be located in a required yard but must be pedestrian in scale and does not block architecture features, including window and door openings.

c.

A monument sign may not project higher than five feet, as measured from the base of the sign or grade of the nearest roadway, whichever height is less.

d.

Signs shall use a common lettering style and color scheme.

(6)

Awning signs.

a.

Signage on awnings is permitted on the end panel or valance only. Lettering size shall be proportional to the space available as approved by the zoning administrator.

b.

The gross surface area of an awning or canopy sign may not exceed 50 percent of the gross surface area of the smallest face of the awning or canopy to which the sign is affixed.

(7)

Projecting signs.

a.

The total area of a projecting sign may not exceed six square feet.

b.

It must be easily visible from the sidewalk and not be a hazard to pedestrians.

c.

The bottom of the sign and bracket must be at least eight feet above sidewalk grade.

d.

Projecting signs shall generally be oriented to visibility by pedestrians and small in size so that they do not obscure other signs.

e.

No part of any sign shall be placed higher than the height of the sills of the second story windows of a multi-story building.

f.

The mounting bracket for a projecting sign shall be a black metal material and designed as a decorative element of the sign that is complementary of the building's architectural style.

(8)

Roof signs.

a.

One roof sign shall be permitted for each building, but no roof sign shall be permitted for a building exceeding 80 feet in height. Only individual letter signs are permitted and they shall be six feet or less in height and shall not exceed 100 square feet.

b.

The roof signage can be in combination with wall signage but both signs shall not exceed the overall sign square footage allotment for the building. A conditional use permit is required.

(9)

Sandwich board signage.

a.

Definitions. The following words, terms and phrases, when used in this subsection (b)(9), shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Sandwich board signs are freestanding signs that advertise items or specials that are available from the business and which have no more than 20 percent of the total area for such a sign utilized for business identification.

b.

Display standards.

1.

Sign size and types of signs. Signs may not exceed a width of two feet and a height of three feet. The signs shall be either an A-frame style or poster style sign that is attached to a frame and a base.

2.

Sign placement. Sandwich board sidewalk signs shall be placed only within the boundaries of the applicable business's street frontage. The sign may be placed on the edge of the sidewalk that is furthest from the street and closest to the business. The sign cannot be placed on property that is adjacent to the street side of the sidewalk. Further, the sandwich board sign shall be positioned so that it will not:

(i)

Reduce the sidewalk clearance below a width of 36 inches;

(ii)

Impede any line of sight for motorists at vehicular public right-of-way intersections, as determined by the city engineer; or

(iii)

Interfere with persons entering or exiting parked cars.

3.

Displaying from parked vehicles prohibited. Sandwich board signs may not be displayed from vehicles parked in front of or adjacent to the businesses, whether on public or private property.

4.

Stabilization. The sign shall be stabilized so as to withstand wind gusts or shall be removed during windy conditions.

5.

Sign elements. Signs shall be designed to incorporate the colors and other architectural features of the building in front of which they are to be placed. (A white sign background or white framing is acceptable in any situation.) Signs made of plywood, pressboard, or paper products shall not be permitted; signs made of polyethylene, metal, burnished wood, or other materials having a natural appearance shall be permitted. Finishes shall be of high quality and durable.

6.

Display time and removal. Sandwich board signs may be displayed from the time that the business opens until the time that the business closes. The sandwich board sign shall be removed at the close of each business day.

7.

Advertising. Advertising on both sides is permitted.

8.

Illumination. The sandwich board sign shall not be illuminated.

9.

Attachments. Nothing shall be attached to the sandwich board sign and shall have nothing attached to it such as balloons or streamers.

c.

No signs in the public right-of-way. A sandwich board sign shall not be placed in the public right-of-way.

(10)

Prohibited signage. The following signage is prohibited:

a.

Signs that, by reason of position, shape or color, would interfere with the proper function of a traffic sign or signal.

b.

Signs within a public right-of-way, except for signs installed by governmental subdivisions.

c.

Signs within an easement, except for signs installed by governmental subdivisions or approved by the holder of the easement.

d.

Signs that resemble any official marker erected by a governmental agency or that displays such words as "stop" or "danger," which are not erected by legal authority.

e.

Flashing signs, including indoor signs, which are visible from the public streets.

f.

With the exception of search lights, which may be approved in conjunction with an administrative permit as provided in section 129-25, no rotating beam, beacon or flashing illumination shall be used in conjunction with any display.

g.

Signs or sign structures that obstruct any window, door, fire escape, stairway or opening intended to provide ingress or egress for any building structure.

h.

Banners, balloons, and stringers, unless approved in conjunction with an administrative permit, as provided in section 129-25.

i.

Sign posters that are tacked or posted on trees, fences, utility posts, or other such supports.

j.

Portable signs with the exception of sandwich boards.

k.

Billboards.

l.

All other signs not expressly permitted by this section or approved through site plan review.

m.

Signs placed on or affixed to vehicles or trailers which are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property.

n.

Signs which have become rotted, unsafe or unsightly.

o.

Signs for citywide community events, sponsored by government or nonprofit organizations unless approved in conjunction with an administrative permit, as provided in section 129-25.

(11)

Other signage may be considered if meeting the design guidelines and are approved as part of the site plan.

(Code 2004, pt. 3, § 30.916; Ord. No. 22-2506, 7-18-2022; Ord. No. 24-2566, § 30.916, 10-21-2024)

The following sign standards apply only to this district. If not regulated in this section, chapter 34 of the City Code shall apply. All signage must meet and be consistent with design guidelines. In addition to the signs allowed without a permit pursuant to chapter 34, two signs are allowed per business. The two allowed signs must be one wall sign and either a three-dimensional sign, projecting sign or awning sign. One additional wall sign per building may be approved through the sign plan.

(1)

All signs shall adhere to the following design standards:

a.

Use simple sign shapes to complement the architecture of the building.

b.

Signs shall not obscure architectural features of buildings, including window or door openings.

c.

Sign shall be used to display the primary name of the business only.

d.

Use only one line of lettering, if possible.

e.

Only one sign containing the business name or graphic logo shall be permitted per street facing side. Projecting signs are allowed in addition to the one sign allowed facing the street. Use simple, bold lettering with sufficient contrast between the lettering and the background.

(2)

Sign lighting.

a.

Indirect incandescent lighting shall be permitted.

b.

Place spotlights discreetly to shield from pedestrians and vehicular traffic.

c.

Neon signage may be used if approved as part of the overall sign plan.

(3)

Wall signs. Wall signs shall meet the following requirements:

a.

The total building signage may have an aggregate area not exceeding one square foot for each foot of building face parallel or substantially parallel to a street lot line with a maximum of 300 square feet.

b.

It must not project more than 12 inches from the wall to which the sign is affixed.

(4)

Multi-tenant wall signs.

a.

Design the sign plan to emphasize the whole width and geometry of the building and individual storefronts and tenant spaces.

b.

Placement of individual tenant signs shall be coordinated to achieve a unified signage appearance in sign heights, widths, depths, coloring and lettering sizing.

c.

Signs shall use a common lettering style and color scheme.

d.

A sign shall not span across different buildings.

(5)

Monument signs.

a.

The area of a monument sign may not exceed 45 square feet.

b.

A monument sign may be located in a required yard but must be pedestrian in scale and does not block architecture features, including window and door openings.

c.

A monument sign may not project higher than five feet, as measured from the base of the sign or grade of the nearest roadway, whichever height is less.

d.

Signs shall use a common lettering style and color scheme.

(6)

Awning signs.

a.

Signage on awnings is permitted on the end panel or valance only. Lettering size shall be proportional to the space available as approved by the zoning administrator.

b.

The gross surface area of an awning or canopy sign may not exceed 50 percent of the gross surface area of the smallest face of the awning or canopy to which the sign is affixed.

(7)

Projecting signs.

a.

The total area of a projecting sign may not exceed six square feet.

b.

It must be easily visible from the sidewalk and not be a hazard to pedestrians.

c.

The bottom of the sign and bracket must be at least eight feet above sidewalk grade.

d.

Projecting signs shall generally be oriented to visibility by pedestrians and small in size so that they do not obscure other signs.

e.

No part of any sign shall be placed higher than the height of the sills of the second story windows of a multi-story building.

f.

The mounting bracket for a projecting sign shall be a black metal material and designed as a decorative element of the sign that is complementary of the building's architectural style.

(8)

Roof signs.

a.

One roof sign shall be permitted for each building, but no roof sign shall be permitted for a building exceeding 80 feet in height. Individual letter signs only and shall be six feet or less in height and shall not exceed 100 square feet.

b.

The roof signage can be in combination with wall signage but both signs shall not exceed the overall sign square footage allotment for the building. A conditional use permit is required.

(9)

Sandwich board signage.

a.

Definition. The term "sandwich board sign" means a freestanding sign that advertises items or specials that are available from the business and which have no more than 20 percent of the total area for such a sign utilized for business identification.

b.

Display standards.

1.

Sign size and types of signs. Signs may not exceed a width of two feet and a height of three feet. The signs shall be either an A-Frame style or poster style sign that is attached to a frame and a base.

2.

Sign placement. Sandwich board sidewalk signs shall be placed only within the boundaries of the applicable business - street frontage. The sign may be placed on the edge of the sidewalk that is furthest from the street and closest to the business. The sign cannot be placed on property that is adjacent to the street side of the sidewalk. Further, the sandwich board sign shall be positioned so that it will not:

(i)

Reduce the sidewalk clearance below a width of 36 inches;

(ii)

Impede any line of sight for motorists at vehicular public right-of-way intersections, as determined by the city engineer; or

(iii)

Interfere with persons entering or exiting parked cars.

3.

Sandwich board signs may not be displayed from vehicles parked in front of or adjacent to the businesses, whether on public or private property.

4.

Stabilization. The sign shall be stabilized so as to withstand wind gusts or shall be removed during windy conditions.

5.

Sign elements. Signs shall be designed to incorporate the colors and other architectural features of the building in front of which they are to be placed. (A white sign background and/or white framing is acceptable in any situation.) Signs made of plywood, pressboard, or paper products shall not be permitted; signs made of polyethylene, metal, burnished wood, or other materials having a natural appearance shall be permitted. Finishes shall be of high quality and durable.

6.

Display time and removal. Sandwich board signs may be displayed from the time that the business opens until the time that the business closes. The sandwich board sign shall be removed at the close of each business day.

7.

Advertising. Advertising on both sides is permitted.

8.

Illumination. The sandwich board sign shall not be illuminated.

9.

Attachments. Nothing shall be attached to the sandwich board sign and shall have nothing attached to it such as balloons or streamers.

c.

No signs in the public right-of-way. A sandwich board sign shall not be placed in the public right-of-way.

(10)

Prohibited signage.

a.

Signs that, by reason of position, shape or color, would interfere with the proper function of a traffic sign or signal.

b.

Signs within a public right-of-way, except for signs installed by governmental subdivisions.

c.

Signs within an easement, except for signs installed by governmental subdivisions or approved by the holder of the easement.

d.

Signs that resemble any official marker erected by a governmental agency or that displays such words as "Stop" or "Danger," which are not erected by legal authority.

e.

Flashing signs, including indoor signs, which are visible from the public streets.

f.

With the exception of search lights, which may be approved in conjunction with an administrative permit as provided in section 129-25, no rotating beam, beacon of flashing illumination shall be used in conjunction with any display.

g.

Sign or sign structures that obstruct any window, door, fire escape, stairway or opening intended to provide ingress or egress for any building structure.

h.

Banners, balloons, and stringers, unless approved in conjunction with an administrative permit, as provided in section 129-25.

i.

Sign posters, that are tacked or posted on trees, fences, utility posts, or other such supports.

j.

Portable signs with the exception of sandwich boards.

k.

Billboards.

l.

All other signs not expressly permitted by this section or approved through site plan review.

m.

Signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property.

n.

Signs which have become rotted, unsafe or unsightly.

o.

Signs for citywide community events, sponsored by government or non-profit organizations unless approved in conjunction with an administrative permit, as provided in section 129-25.

(11)

Other signage may be considered if meeting the design guidelines and are approved as part of the site plan.

(Ord. No. 25-2571, 1-22-2025)

The purpose of the Planned Business District (PBD) is to allow commercial, mutifamily residential and limited light industrial uses serving a local or regional trade area. This district may be located adjacent to residential, commercial, and industrial districts and shall be primarily located on collector or arterial roads.

(Code 2004, pt. 3, § 30.51; Ord. No. 20-2447, 7-20-2020; Ord. No. 24-2568, § 30.51, 11-18-2024)

The following are land use requirements for the Planned Business District (PBD):

(1)

Uses allowed by conditional use permit (CUP). Land uses may include industrial, office, commercial, and multi-floor residential developments as specifically indicated below. All land uses not specified in subsection (2) of this section are prohibited. All land uses shall be reviewed and approved pursuant to the conditional use permit procedures in section 101-4.

(2)

Restrictions. The proposed land uses, their mix, lot sizes, and location must be compatible and complementary both internally and with adjacent land uses. The proposed land uses must not create any internal or external traffic congestion or traffic flow problems.

a.

General retail:

1.

Retail except when specifically listed elsewhere herein.

2.

Personal services, including massage, hair salons, and similar businesses.

3.

Dry cleaning and laundry.

4.

Repair services, excluding repair of vehicles and small engines.

5.

Business and professional offices, excluding medical offices.

6.

Non-classroom personalized instructional services.

7.

Portrait or art studio.

8.

Cannabis retail and/or medical cannabis businesses licensed for cannabis retail (subject to the standards listed in Chapter 23 of the Blaine Code of Ordinances).

b.

Restaurants, with or without live entertainment or outdoor dining;

c.

Brew pubs.

d.

Medical offices.

e.

Banks.

f.

Hotels.

g.

Trade and convention centers.

h.

Fitness centers.

i.

Gasoline stations, with or without passenger vehicle auto lube/oil change service or automated car wash.

j.

Manufacturing, except for cannabis cultivation and cannabis manufacturing.

k.

Multifamily residential.

l.

Research and development laboratories.

m.

Places of worship.

n.

Commercial child care.

o.

Theaters.

p.

Indoor amusement and recreation.

q.

Corporate office/distribution/warehouses (requires a combination of office space or manufacturing space consisting of not less than 25 percent of gross building area either attached to or as part of a larger office manufacturing campus, operated by the same facility).

r.

Post secondary education.

s.

Taprooms or breweries with brewer taprooms.

t.

Motorcycle sales and maintenance.

u.

Zero lot line splits with shared access or shared parking and multibuilding developments.

v.

Ground mounted solar as an accessory use.

w.

Liquor stores.

x.

Parking structures as an accessory use, as regulated in section 129-13(10).

(Code 2004, pt. 3, § 30.52; Ord. No. 03-1994, 9-18-2003; Ord. No. 15-2334, 12-17-2015; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022; Ord. No. 23-2535, § 30.52, 12-18-2023; Ord. No. 24-2568, § 30.52, 11-18-2024; Ord. No. 25-2572, § 30.52, 1-22-2025)

(a)

Prior to applying for a conditional use permit for development within the PBD zone, the developer shall meet with the zoning administrator, or designee, to review the applicable ordinances, regulations and plans that will affect the area to be developed.

(b)

The developer shall present a concept plan or site plan to the zoning administrator. The zoning administrator shall review the concept design and recommend changes as needed to comply with performance standards and the standards of section 101-4.

(c)

Upon staff approval of the concept design a formal application may be made for a conditional use permit. The conditional use permit shall be considered as outlined under section 101-4.

(d)

Prior to approval of building permits, the zoning administrator shall find that all standards listed in the conditional use permit have been satisfied in the site plan and building permit applications.

(e)

The conditional use permit shall outline all allowed uses within the development, including square footages allotted to each use. A conditional use permit amendment shall be required for any deviation.

(Code 2004, pt. 3, § 30.53; Ord. No. 20-2447, 7-20-2020)

The following standards are required for the Planned Business District (PBD):

(1)

Building setbacks (minimum).

a.

Front yard: 50 feet, or one-half the total building height, whichever is greater.

b.

Side yard: 15 feet, or one-half the total building height, whichever is greater.

c.

Rear yard: 20 feet, or one-half the total building height, whichever is greater.

(2)

Parking lot setbacks (minimum).

a.

Front yard: 30 feet.

b.

Side yard: 15 feet.

c.

Rear yard: 20 feet.

(3)

Building sizes (minimum).

a.

Industrial: 12,000 square feet.

b.

Freestanding commercial: 5,000 square feet with the exception of freestanding restaurants which shall have a minimum building size of 4,000 square feet.

(4)

Building height. There shall be no height limitations, provided all buildings are in compliance with metropolitan airport commission regulations.

(5)

Building exteriors.

a.

At least 50 percent of all exterior wall finishes on any building shall be comprised of a combination of at least three of the following materials with all materials present on each elevation:

1.

Brick.

2.

Natural or cultured stone.

3.

Glass.

4.

Stucco or exterior insulation and finish systems (EIFS).

5.

Fiber cement or composite siding.

6.

Architectural metal.

7.

Integrally colored rock-faced block.

b.

The remaining portion of all exterior wall finishes shall be comprised of any combination of decorative, rock-faced concrete block and textured concrete panels or other comparable or superior materials as approved by the zoning administrator. All materials subject to zoning administrator approval.

c.

Buildings may be constructed of primarily one of the materials listed in subsection (5)(a) of this section if the design meets or exceeds the intent of the ordinance.

d.

All buildings to incorporate four-sided design.

e.

Gasoline canopies support columns shall be constructed of masonry materials consistent with the principal building to a minimum height of five feet.

f.

Under no circumstances shall sheet aluminum, corrugated aluminum, asbestos, iron, plain or painted plain concrete block be deemed acceptable as major exterior wall materials on buildings within the city.

(6)

Landscaping. In addition to the provisions of section 129-7, the following requirements shall be met:

a.

Underground irrigation shall be required.

b.

Traffic safety islands or general parking islands, where deemed appropriate by the zoning administrator, shall be landscaped and irrigated. At least five percent of the surface area of land within a parking area shall be landscaped.

c.

On any given site there shall be at least three different shrub species.

(7)

Open space. The minimum area of permeable surface shall be 30 percent of the total project area. The zoning administrator may approve a modification to the requirement provided additional architectural or landscape enhancements are provided.

(8)

Loading spaces/overhead doors. Loading spaces/overhead doors shall be located primarily in designated rear yards and secondarily in designated side yards. Overhead doors will be permitted in front yards under unusual circumstances, as approved by the zoning administrator.

a.

Loading spaces and overhead doors should be designed to be compatible with the principal building. Architectural techniques should be employed to reduce visual impacts from adjacent properties and roadways.

b.

Loading spaces and overhead doors should be designed to be compatible with the principal building. Architectural techniques should be employed to reduce visual impacts from adjacent properties and roadways.

c.

Overhead doors limited to not more than one door per 6,000 square feet of floor area.

d.

Outside storage of trucks or semi-trailers is limited to not more than the number of dock or overhead doors.

(9)

Refuse enclosures. Refuse facilities, except for individual containers for public use, shall be located only in the side yards or rear yards when feasible. Refuse facilities may be located in the front yard subject to approval of the zoning administrator. Such facilities shall be constructed of masonry materials such as brick or textured block, in colors compatible with the principal structure. Such facilities shall have solid gates.

(10)

Lighting. A lighting plan shall be submitted depicting type and design, layout of fixtures, and the illumination pattern. The design shall preclude any off-site glare.

(11)

Outside display. Outside display in PBD retail sites is allowed, provided the following standards are met:

a.

Outside display area is limited to a maximum of 30 percent of the width of a building frontage and is not to exceed a total of 150 square feet of area for buildings under 40,000 square feet and not to exceed 400 square feet for buildings over 40,000 square feet. The term "building frontage" means the dimension or width of a storefront occupied by the retailer establishing the outside display. For purposes of this part a frontage must contain a public or customer entrance or exit and no space is allowed more than two frontages.

b.

Outside display to be located immediately adjacent to and within the dimensions of the building frontage and shall not extend from the front building edge more than 50 inches.

c.

Outside display shall not exceed a height of 60 inches.

d.

Vending machines or cabinets for items such as beverages, ice and propane are exempt from the height and area restrictions provided they are limited to a maximum of three machines or cabinets per frontage.

e.

Outside display shall not be located so as to block pedestrian walkways, doorways, parking stalls, drive aisles (including access for emergency services). Thirty-six inches is the minimum width required to maintain pedestrian access.

f.

Outside display to be maintained in an orderly and attractive manner that does not detract from the image of the community or adjacent businesses.

g.

Outside display should be a representation of the products sold on site, not a storage area for inventory on pallets.

h.

Products shall be able to be sold from the display.

(12)

Car wash standards.

a.

Car washes shall meet a 300-foot setback to any property zoned or guided in the comprehensive plan as residential and intended for residential buildings. The setback shall be measured from the car wash structure to the property line of the residential property.

b.

All exterior lighting shall comply with section 129-2.

c.

Through the conditional use permit process, the city may require additional necessary conditions to limit the impact of drive-thru lanes on surrounding property, including, but not limited to, limiting hours of operation, restricting drive-thru lane orientation, and/or requiring additional landscaping, berming or other means of screening.

d.

The site and building shall be designed to limit the effects of the washing operation and vacuums on adjacent properties and public rights-of-way. Garage doors shall be positioned to limit exposure to residential districts.

(Code 2004, pt. 3, § 30.54; Ord. No. 01-1896, 3-15-2001; Ord. No. 02-1955, 9-5-2002; Ord. No. 03-1994, 9-18-2003; Ord. No. 04-2005, 1-22-2004; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2494, 1-19-2022; Ord. No. 22-2514, 12-19-2022; Ord. No. 23-2535, § 30.54, 12-18-2023; Ord. No. 24-2553, § 30.54, 6-17-2024)

The intent of the County Road 10 Mixed Use District (MU) is:

(1)

To promote development and redevelopment that encourages mixed uses that combine new or existing retail development with a variety of housing, offices, retail or other complementary uses.

(2)

To create a mix of land uses and at the same time protect the interest of surrounding properties in the following ways:

a.

By establishing a mixed use land use pattern and neighborhood design that is consistent with the vision, goals, and policies of the city's comprehensive plan.

b.

By creating cohesive, yet diverse, neighborhoods with increased economic and cultural opportunities, contributing to greater livability and a healthier local economy.

c.

By providing for mixed use development that are carefully planned to promote efficient use of land, parking, and open space.

d.

By creating attractive neighborhoods that promote pedestrian friendly designs, human interaction, safety and livability.

(Code 2004, pt. 3, § 30.1001; Ord. No. 24-2542, § 30.61, 3-4-2024)

(a)

All new buildings and additions require site plan approval through the planning commission and city council.

(b)

A development agreement is required as part of the development approval and shall address, at a minimum, approved site and building design criteria, approved sign locations and design criteria, construction phasing, parking, cash escrow and/or letter of credit for construction of on-site and off-site improvements generated by the development.

(Code 2004, pt. 3, § 30.1002; Ord. No. 24-2542, § 30.62, 3-4-2024)

The following are permitted uses in the County Road 10 Mixed Use District (MU):

(1)

Attached townhomes with a minimum of three units.

(2)

Bakeries.

(3)

Banks.

(4)

Brew pubs.

(5)

Candy or ice cream shops.

(6)

Coffee shop.

(7)

Delicatessen stores.

(8)

Dry cleaning and laundry with no chemicals on premises.

(9)

General retail.

(10)

Liquor stores.

(11)

Cannabis retail and/or medical cannabis businesses licensed for cannabis retail (subject to the standards listed in Chapter 23 of the Blaine Code of Ordinances).

(12)

Personal services, including massage, hair salons and similar business.

(13)

Personalized instructional services and fitness centers, total floor area limited to 4,000 square feet.

(14)

Portrait/art studio/museum.

(15)

Professional offices, including medical.

(16)

Repair services (cell phone, clothing, bicycle, shoes), not including automotive repair.

(17)

Restaurants (Class I and Class II).

(Code 2004, pt. 3, § 30.1003; Ord. No. 24-2542, § 30.63, 3-4-2024; Ord. No. 25-2572, § 30.63, 1-22-2025)

The following are conditional uses in the County Road 10 Mixed Use District (MU):

(1)

Animal hospitals/veterinary clinics.

(2)

Assisted living and/or memory care facilities.

(3)

Brewer tap rooms, as associated with and on the same site as a licensed brewery.

(4)

Buildings over 50 feet in height.

(5)

Charter schools without outdoor recreation space (not including playground equipment which is limited to 5,000 square feet).

(6)

Day care facilities.

(7)

Event centers and banquet facilities.

(8)

Farmers markets.

(9)

Gasoline service stations, not including a car wash.

(10)

Hospitals.

(11)

Hotels, not including motels.

(12)

Indoor amusement and recreation, not including fitness.

(13)

Licensed cocktail rooms with and on the same site as a licensed distillery/microdistillery or winery.

(14)

Movie or live theaters.

(15)

Multifamily residential (apartment style).

(16)

Off-site parking or shared parking.

(17)

Outdoor dining.

(18)

Outdoor recreation as an accessory use to a permitted or conditional use in this district.

(19)

Parking structures as an accessory use, as regulated in section 129-13(10).

(20)

Personalized instructional services and fitness centers, over 4,000 square feet.

(21)

Places of worship.

(22)

Private social clubs.

(23)

Public buildings or facilities, not including schools.

(24)

Restaurants with live entertainment (music, etc.).

(25)

Two or more buildings on same lot.

(26)

Zero lot line splits with shared access and/or parking.

(Code 2004, pt. 3, § 30.1004; Ord. No. 24-2542, § 30.64, 3-4-2024; Ord. No. 24-2568, § 30.64, 11-18-2024)

The following are prohibited uses in the County Road 10 Mixed Use District (MU):

(1)

Auto sales: indoor or outdoor sales.

(2)

Automobile repair.

(3)

Car washes.

(4)

Outdoor storage.

(5)

Pawn shops.

(6)

Self-storage/ministorage.

(7)

Tobacco/vape shops.

(8)

Any uses not listed as permitted or conditional.

(Code 2004, pt. 3, § 30.1005; Ord. No. 24-2542, § 30.65, 3-4-2024)

The following residential performance standards are required in the County Road 10 Mixed Use District (MU):

(1)

Multifamily units (apartment) must be consistent with comprehensive plan land use designations.

a.

Building setbacks.

1.

Adjacent to single-family residential: 100 feet.

2.

Across the right-of-way from single-family residential: 50 feet.

3.

Adjacent to County Road 10: minimum setback of 20 feet with a maximum of 50 feet.

4.

Adjacent or across the right-of-way from commercial not adjacent to County Road 10.

(i)

Front yard: 30 feet.

(ii)

Side yard: 20 feet.

(iii)

Rear yard: 20 feet.

b.

Parking setbacks.

1.

No parking lot shall be located in the front yard adjacent to County Road 10.

2.

Front yard: 20 feet, if adjacent to single-family residential the setback shall be 40 feet.

3.

Rear yard: 20 feet.

4.

Side yard: 20 feet.

5.

Fire lane may be located within the setback.

c.

Building height.

1.

Adjacent to single-family residential maximum of three stories over parking (40 feet above grade).

2.

Maximum five residential stories over parking (60 feet above grade).

3.

Buildings over 50 feet require a conditional use permit.

d.

Private recreational uses required. For multifamily units (apartments), each residential development shall provide private recreational uses for project residents. This area shall be for active or passive recreational uses suited to the needs of the residents of the project including, but not limited to, swimming pools, trails, nature areas, picnic areas, tot lots. Projects with 50 units or less must provide at least one amenity. Projects with more than 50 units must provide at least two amenities.

(2)

Multifamily units (attached townhomes) must be consistent with comprehensive plan land use designation.

a.

Building setbacks.

1.

Front yard: 30 feet.

2.

Rear yard: 30 feet.

3.

Corner side yard: 20 feet.

4.

Side yard adjacent to single-family residential or commercial: 30 feet.

b.

Parking setbacks.

1.

Guest parking: 20 feet.

2.

Drive aisles: 20 feet.

c.

Building height.

1.

Minimum of two stories, except that a height of one story is permitted for up to ten percent of the units in a development.

2.

Maximum of three stories.

(Code 2004, pt. 3, § 30.1006; Ord. No. 24-2542, § 30.66, 3-4-2024)

The following residential architectural control standards are required in the County Road 10 Mixed Use District (MU):

(1)

Exterior wall finish materials.

a.

At least 50 percent of all exterior wall finishes on any building shall be comprised of a combination of at least three of the following materials with all materials present on each elevation:

1.

Brick.

2.

Natural or cultured stone.

3.

Glass.

4.

Stucco or exterior insulation and finish systems (EIFS).

5.

Fiber cement or composite siding.

6.

Architectural metal.

7.

Integrally colored rock-faced block.

b.

The remaining portion of all exterior wall finishes shall be comprised of any combination of decorative, rock-faced concrete block and textured concrete panels, or other comparable or superior materials as approved by the zoning administrator. All materials subject to zoning administrator approval.

(2)

Building articulation elements shall be provided at a maximum average spacing of 40 feet.

(3)

Flat rooflines are encouraged along County Road 10.

(4)

Apartment façade articulation for any building over two-stories shall be provided through any of the following elements:

a.

A projecting bay, entry vestibule, or recess extending from the ground level through the second floor.

b.

A ground-level recess.

c.

A change in the rhythm of windows at the ground level and second floor, combined with a change of parapet height or material.

d.

All buildings shall provide ground floor windows along, parks, plazas or other public outdoor spaces. Darkly tinted windows or windows that block two-way visibility are prohibited.

(5)

Awnings.

a.

An awning may project over the public sidewalk provided that it is at least eight feet above grade and does not project more than two-thirds the width of the public sidewalk as measured from the building.

b.

Awnings must be constructed of durable, water repellent material such as canvas or metal. Plastic or fiberglass are not permitted.

c.

Backlit or illuminated awnings are not permitted.

d.

Retractable or fixed awnings may be used.

e.

Awnings shall not extend across multiple buildings. Long expanses of awnings should be broken into segments that reflect the door or window openings located beneath.

f.

Awning colors and materials shall complement the building façade.

g.

Signage on awnings is permitted on the end panel or valance only. Lettering size shall be proportional to the space available as approved by the zoning administrator.

h.

Awnings and canopies deteriorate over time; regular maintenance and replacement is required. If material shows signs of wear, including, but not limited to, fraying, fading, or physical damage to the awning.

i.

Awnings should be part of the site plan review and receive approval. Any encroachments over public right-of-way shall be approved by the city council prior to construction.

(Code 2004, pt. 3, § 30.1007; Ord. No. 24-2542, § 30.67, 3-4-2024)

The following commercial performance standards are required in the County Road 10 Mixed Use District (MU):

(1)

Building setbacks.

a.

Adjacent to single-family residential: 50 feet.

b.

Adjacent to County Road 10: minimum setback of 20 feet with a maximum of 50 feet.

c.

Front yard: 30 feet.

d.

Side yard: 20.

e.

Rear yard: 20 feet.

(2)

Parking setbacks.

a.

No parking lot shall be located in the front yard adjacent to County Road 10.

b.

Front yard: 20 feet.

c.

Rear yard: ten feet, if adjacent to single-family residential 25 feet.

d.

Side yard: ten feet, if adjacent to single-family residential 25 feet.

e.

Fire lane may be located within the setback.

(Code 2004, pt. 3, § 30.1008; Ord. No. 24-2542, § 30.68, 3-4-2024)

The following commercial architectural control standards are required in the County Road 10 Mixed Use District (MU):

(1)

Exterior wall finishes. One hundred percent of all exterior wall finishes on any building shall be comprised of a combination of at least three of the following materials with all materials present on each elevation:

a.

Brick.

b.

Natural or cultured stone.

c.

Glass.

d.

Stucco or exterior insulation and finish systems (EIFS).

e.

Fiber cement or composite siding.

f.

Architectural metal.

g.

Integrally colored rock-faced block.

h.

Other comparable or superior materials as approved by the zoning administrator.

(2)

Building articulation elements. Building articulation elements shall be provided at a maximum average spacing of 40 feet.

(3)

Awnings.

a.

An awning may project over the public sidewalk, provided that it is at least eight feet above grade and does not project more than two-thirds the width of the public sidewalk as measured from the building.

b.

Awnings must be constructed of durable, water repellent material such as canvas or metal. Plastic or fiberglass are not permitted.

c.

Backlit or illuminated awnings are not permitted.

d.

Retractable or fixed awnings may be used.

e.

Awnings shall not extend across multiple buildings. Long expanses of awnings should be broken into segments that reflect the door or window openings located beneath.

f.

Awning colors and materials shall complement the building façade.

g.

Signage on awnings is permitted on the end panel or valance only. Lettering size shall be proportional to the space available as approved by the zoning administrator.

h.

Awnings and canopies deteriorate over time; regular maintenance and replacement is required. If material shows signs of wear, including, but not limited to, fraying, fading, or physical damage to the awning.

i.

Awnings should be part of the site plan review and receive approval. Any encroachments over public right-of-way shall be approved by the city council prior to construction.

(4)

Building height. Buildings exceeding 50 feet in height must obtain a conditional use permit.

(Code 2004, pt. 3, § 30.1009; Ord. No. 24-2542, § 30.69, 3-4-2024)

The mall property consists of land north of Sanburnol Drive, east of University Avenue, south of County Road 10, and west of Jefferson Street and must conform to the following performance standards:

(1)

Building setbacks.

a.

Adjacent to County Road 10: minimum setback of 20 feet with a maximum of 50 feet, maximum setbacks do not apply to the Northtown Mall.

b.

Adjacent to Sanburnol Drive: 30 feet.

c.

Adjacent to County Road 10: 20 feet.

d.

Adjacent to University Avenue: 20 feet.

e.

Adjacent to Jefferson Street: 20 feet.

(2)

Parking setbacks.

a.

No parking lot shall be located in the front yard adjacent to County Road 10.

b.

Adjacent to Sanburnol Drive: 15 feet.

c.

Adjacent to County Road 10 side and rear yard: ten feet.

d.

Adjacent to University Avenue: ten feet.

e.

Adjacent to Jefferson Street: ten feet.

(3)

Exterior wall finishes. All exterior wall finishes on any building shall be comprised of a combination of at least three of the following materials with all materials present on each elevation:

a.

Brick.

b.

Natural or cultured stone.

c.

Glass.

d.

Stucco or exterior insulation and finish systems (EIFS).

e.

Fiber cement or composite siding.

f.

Architectural metal.

g.

Integrally colored rock-faced block.

(4)

Building articulation elements. Building articulation elements shall be provided at a maximum average spacing of 40 feet.

(5)

Awnings.

a.

An awning may project over the public sidewalk, provided that it is at least eight feet above grade and does not project more than two-thirds the width of the public sidewalk as measured from the building.

b.

Awnings must be constructed of durable, water repellent material such as canvas or metal. Plastic or fiberglass are not permitted.

c.

Backlit or illuminated awnings are not permitted.

d.

Retractable or fixed awnings may be used.

e.

Awnings shall not extend across multiple buildings. Long expanses of awnings should be broken into segments that reflect the door or window openings located beneath.

f.

Awning colors and materials shall complement the building façade.

g.

Signage on awnings is permitted on the end panel or valance only. Lettering size shall be proportional to the space available as approved by the zoning administrator.

h.

Awnings and canopies deteriorate over time; regular maintenance and replacement is required. If material shows signs of wear, including, but not limited to, fraying, fading, or physical damage to the awning.

i.

Awnings should be part of the site plan review and receive approval. Any encroachments over public right-of-way shall be approved by the city council prior to construction.

(6)

Building height. Buildings exceeding 50 feet in height must obtain a conditional use permit.

(Code 2004, pt. 3, § 30.1010; Ord. No. 24-2542, § 30.70, 3-4-2024)

The following general performance standards are required in the County Road 10 Mixed Use District (MU):

(1)

Assisted living and/or memory care facility.

a.

Multi-story buildings must meet performance standards for residential multifamily.

b.

One-story buildings must meet commercial performance standards.

(2)

Class II restaurant. If located in a multiple tenant retail center, must conform to the architecture of a specific center.

(3)

Hospitals.

a.

Shall not be adjacent to low density residential areas.

b.

Shall have direct access from the site to a collector or arterial street as defined in the comprehensive plan.

c.

Shall not have emergency vehicle access adjacent to or located across a street from any single-family residential use.

d.

May be required to submit a detailed parking analysis. Additional parking may be required based on this analysis.

(4)

Heliports.

a.

Shall conform to all applicable Federal Aviation Administration and state department of transportation regulations.

b.

Shall establish and utilize approach and departure routes over nonresidential areas to the maximum extent possible.

c.

Shall have hours of operation limited to 7:00 a.m. to 9:00 p.m., inclusive, excluding emergencies.

d.

Shall not be located within 500 feet of residential areas.

e.

Shall be provided with a dust free landing pad.

f.

Shall be fenced or otherwise secured to prevent unauthorized access.

(5)

Outside display. Outside display is allowed provided the following standards are met:

a.

Outside display area is limited to a maximum of 30 percent of the width of a building frontage and is not to exceed a total of 150 square feet of area for buildings under 40,000 square feet and not to exceed 400 square feet for buildings larger than 40,000 square feet. The term "building frontage" means the dimension or width of a store front occupied by the retailer establishing the outside display. For purposes of this article, a frontage must contain a public or customer entrance or exit and no space is allowed more than two frontages.

b.

Outside display to be located immediately adjacent to and within the dimensions of the building frontage and shall not extend from the front building edge more than 50 inches.

c.

Outside display shall not exceed a height of 60 inches.

d.

Vending machines or cabinets for items such as beverages, ice and propane are exempt from the height and area restrictions provided they are limited to a maximum of three machines or cabinets per frontage.

e.

Outside display shall not be located so as to block pedestrian walkways, doorways, parking stalls, drive aisles (including access for emergency services). 36 inches is the minimum width required to maintain pedestrian access.

f.

Outside display to be maintained in an orderly and attractive manner that does not detract from the image of the community or adjacent businesses.

g.

Outside display should be a representation of the products sold on site, not a storage area for inventory on pallets.

h.

Products shall be able to be sold from the display.

(6)

Parking.

a.

Generally. Parking is regulated by section 129-13 except where regulated in this section.

b.

Shared parking.

1.

Conditional use permit. A conditional use permit may be granted for one or more businesses to provide the required off-street parking facilities by joint use of one or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately.

2.

Conditions required for shared parking.

(i)

The building or use for which application is being made to utilize off-street parking facilities, provided by another building or use shall be located within 800 feet of such parking facilities.

(ii)

The application shall demonstrate there is no substantial conflict in using shared facilities through a professional parking analysis.

(iii)

Shared parking facilities shall record with the county an irrevocable covenant running with the land. A certified copy of the recorded agreement shall be provided to the zoning administrator prior to issuance of a building permit.

c.

Off-site parking. Any off-site parking which is used to meet the requirements below shall be a conditional use:

1.

Reasonable access from the off-site parking facilities to the use being served shall be provided.

2.

An agreement or lease shall be approved as part of the conditional use permit. The agreement/lease shall specify the total number and location of parking spaces under contract.

3.

The off-street parking requirements shall be established by the zoning administrator based upon the characteristics and functional similarities between uses including, but not limited to: the size of building, type of use, number of employees, expected volume and turnover of customer traffic, and expected frequency and number of delivery or service vehicles. For structures containing multiple uses, each shall be calculated separately. The requirements may be revised downward by the city council as part of an application for a conditional use permit based on verifiable information pertaining to parking.

4.

Approved parking spaces must be located on the same lot as the principal use, unless shared parking or off-site parking is approved for the use.

d.

Parking analysis requirements. A parking analysis is required when off-site or shared parking is proposed. The parking analysis is to be prepared by a professional who has knowledge and experience with parking needs and assessments. The analysis should consist of the following information:

1.

A site plan of the property identifying where the proposed project is located, showing all existing uses/tenant spaces and all existing parking space locations.

2.

Parking analysis matrix that includes:

(i)

Names of all existing/proposed uses with tenant address;

(ii)

Each tenants total building square footage existing and proposed;

(iii)

Lists dining and seating counts for restaurant, bar, brewery, cocktail room and coffee shop uses; and

(iv)

Lists an accurate total number of all existing parking spaces on-site.

3.

Proposed parking layout and number of stalls for the development.

4.

Floor plan layouts may be required to determine relevant seating areas and other-relevant square-footage areas.

5.

Parking adequacy should be determined prior to making major financial and legal commitments related to the property. In some cases, insufficient on-site parking may prevent the proposed project/use from being permitted.

e.

Parking structure.

1.

Parking structures shall be appropriately located and behind the rear of the building when practical.

2.

Parking structures abutting any public street or walkway shall be compatible with the materials and architectural style of surrounding buildings.

3.

Parking structures shall be designed so that vehicles are not visible from the sidewalk and the only opening at the street level are those to accommodate vehicle ingress and egress.

4.

Snow storage areas shall not be located in the front or side yard abutting a street. If storage is not accommodated on site, it should be hauled out.

(7)

Personalized instructional services, fitness centers, accessory uses. Personalized instructional services and fitness centers and accessory uses within the building on property:

a.

Any active outdoor use areas shall be screened from residential views.

b.

A detailed parking demand analysis shall be submitted. Additional parking may be required based on this analysis.

(8)

Theaters.

a.

Theaters located within shopping centers or otherwise utilizing joint parking arrangement shall submit an analysis of parking demand versus availability for review and approval by the city. Additional parking may be required based on this analysis if available parking does not meet the expected demand.

b.

Theaters located within existing structures may be required to install appropriate building modifications to provide adequate pedestrian and vehicle access.

c.

Interior and freestanding theaters shall only be permitted when it can be demonstrated that vehicular ingress and egress may be accomplished without inducing undue traffic problems on area roadways.

(9)

Traffic impact studies/traffic memo.

a.

A traffic impact study prepared by a registered traffic engineer to assess potential traffic impacts on local and regional road systems is required for any of the following: multifamily development.

b.

A traffic memo prepared by a registered traffic engineer to assess potential traffic impacts on local and regional road systems is required for any of the following:

1.

Any development which exceeds 25,000 square feet of gross floor area.

2.

Expansion of existing development which exceeds ten percent of gross floor area and the total gross floor area is 25,000 square feet or greater.

(10)

Refuse enclosure. Refuse facilities, except for individual containers for public use, shall be located only in the side yards or rear yards when feasible. Refuse facilities may be located in the front yard subject to approval of the zoning administrator. Such facilities shall be constructed of masonry materials such as brick or textured block in colors compatible with the principal structure. Such facilities shall have solid gates.

(11)

Screening. On a lot adjacent to single-family residential, there shall be an opaque screen made up of trees and/or berms and a six-foot-high solid fence constructed of maintenance free materials.

(12)

Signage. Signage is regulated by chapter 133.

(Code 2004, pt. 3, § 30.1011; Ord. No. 24-2542, § 30.71(2), 3-4-2024)