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Braham City Zoning Code

GENERAL BUSINESS

INDUSTRIAL DISTRICT GB-I

§ 154.195 PURPOSE.

   The General Business, Industrial District is designed and intended to promote the development of a combination of commercial uses and industrial uses. The district is established to provide exemplary standards of development for commercial and industrial uses that prefer to be located in choice or strategic sites.
(Ord. 222, passed 6-3-2003)

§ 154.196 SPECIAL REQUIREMENTS.

   Any use not enclosed, including storage, manufacturing, and assembly, shall be subject to those performance standards set forth in § 154.207, and regulations set forth by § 154.208.
(Ord. 222, passed 6-3-2003)

§ 154.197 PERMITTED USES.

   The following are permitted uses:
   (A)   All permitted uses allowed in a (GBD) General Business District (§ 154.122);
   (B)   All permitted uses allowed in a (I-1) Limited Industrial District (§ 154.147); and
   (C)   All permitted uses allowed in a (I-2) General Industrial District (§ 154.172).
(Ord. 222, passed 6-3-2003)

§ 154.198 CONDITIONAL USES.

   The following uses may be permitted:
   (A)   Adult uses;
   (B)   Any drive-in type establishments, not including theaters;
   (C)   Any use other than those enumerated as permitted uses, intended to provide amusement on the payment of a fee, including, but not limited to, water slides, golf ranges, raceway (go carts), roller skating rink, and mini-golf parks;
   (D)   Auto service station;
   (E)   Community or convention center;
   (F)   Convenience food establishments;
   (G)   Freight terminals;
   (H)   Other manufacturing, processing, servicing, production, storage, or commercial use, determined by the Planning Commission, to be of the same general character as the permitted and conditional uses, and conform with the purpose and performance standards set forth in this district;
   (I)   Planned unit developments as regulated by this section and §§ 154.220 through 154.223;
   (J)   Sports arena or stadium; and
   (K)   Towers.
(Ord. 222, passed 6-3-2003)

§ 154.199 ACCESSORY USES.

   The following are permitted accessory uses in the GB-I District:
   (A)   Commercial, business, and industrial buildings and structures for a use accessory to the principle use, but shall not exceed 30% of the gross floor area of the principle use;
   (B)   Off-street parking as regulated by §§ 154.295 through 154.307, but not including semi-trailer trucks;
   (C)   Off-street loading as regulated by §§ 154.295 through 154.307; and
   (D)   Fencing, screening, and landscaping, as permitted and regulated by § 154.254.
(Ord. 222, passed 6-3-2003)

§ 154.200 ADULT USES.

   (A)   Purpose. The purpose of this section is to establish provisions for the opportunity, as well as control of, adult uses within the city.
   (B)   General provisions. Adult uses, as defined in this chapter shall be subject to the following general provisions:
      (1)   Activities classified as obscene, as defined by M.S. § 617.241, as it may be amended from time to time, are not permitted and are prohibited;
      (2)   Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also used for residential purposes;
      (3)   Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also licensed to sell intoxicating liquor, non-intoxicating malt liquor, or wine; and
      (4)   An adult use, which does not qualify as an adult use accessory, shall be classified as an adult use principal.
   (C)   Adult uses principal.
      (1)   Adult use principal shall be located at least 300 radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use principal is located, to the property line of any of the following:
         (a)   Residentially zoned property;
         (b)   A licensed day care center;
         (c)   A public or private educational facility classified as an elementary, junior high, or senior high school;
         (d)   A public library;
         (e)   A public park;
         (f)   Another adult use principal;
         (g)   An on-sale liquor establishment; or
         (h)   Any church, synagogue, or other principal place of worship of any duly organized religious organization.
      (2)   Adult use principal activities, as defined by this chapter, shall be classified as one use. No two or more adult uses principal shall be located in the same building or upon the same property, and each use shall be subject to this chapter.
      (3)   Adult use principal activities, as defined by this chapter, shall be allowed only upon property zoned in the General Business Industrial District (GB-I).
   (D)   Adult uses accessory.
      (1)   Adult use accessory shall:
         (a)   Comprise no more than 10% of the floor area of the establishment in which it is located, or shall comprise an area no greater than 100 square feet of floor area in which it is located, whichever is smaller;
         (b)   Comprise no more than 20% of the gross receipts of the subject business operation at the subject location; and
         (c)   Not involve or include any activity except the sale or rental of merchandise.
      (2)   Adult use accessory shall be restricted from, and prohibit access to, minors by the physical separation of the items from areas of general public access.
         (a)   Movie rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation.
         (b)   Magazines. Publications classified or qualifying as adult uses shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
         (c)   Other use. Adult use accessory activities not specifically cited shall comply with the intent of this section subject to the approval of the City Council.
      (3)   Adult use accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.
   (E)   Non-conforming adult use, principal or accessory. 
      (1)   Adult uses which are classified as legal, non-conforming uses may continue in accordance with the provision of this section, except that any non-conforming use shall be terminated and become illegal 60 days after the adoption of this section. To the extent possible, the city shall attempt to identify all the uses which become classified as non-conforming under the provisions of this division (E), and shall notify the property owners and operators of the uses, in writing, of the change in status and the terms and conditions which apply. The owner of any property on which an adult use is located may apply to the Council for an extension of the termination date.
      (2)   Any application shall be in writing and be received by the city no later than 60 days upon adoption of this section. Failure to submit a timely extension application shall constitute a waiver of the right to request an exception if, upon the Council’s determination, the applicant demonstrates that the amortization period is an unreasonable burden upon the business and does not allow adequate time to recover a reasonable return upon the business investment. The applicant shall have the burden of proof to demonstrate hardship with the established termination date and also the time required for an extension. In making its decision, the Council may consider any factor relevant to the issues, including, but not limited to:
         (a)   The degree of magnitude of threat to the public health, safety, and general welfare posed by the secondary impacts of the operation;
         (b)   The length of time that the adult use has been operating;
         (c)   The ease by which the property could be converted to a conforming use;
         (d)   The nature and character of the surrounding neighborhood;
         (e)   The value and condition of the improvements on the property;
         (f)   The amount of the applicant’s investment in the business;
         (g)   The amount of investment already realized; and
         (h)   The cost of relocating the adult use.
   (F)   Sign restrictions. Adult use principal shall adhere to the following signing regulations in order to protect children from exposure to lurid signs and materials, and in order to preserve the value of property surrounding adult use businesses. The following sign regulations shall apply to all adult use businesses in the city, notwithstanding any other provision of this section.
      (1)   All signs shall be flat wall signs. No signs shall be free standing, located on the roof, or contain any flashing lights, moving elements, or electronically or mechanically changing messages.
      (2)   The amount of allowable sign area shall be one square foot of sign area per foot of lot frontage on a street not to exceed 80 square feet for the total of all signs. The total number of signs on the building shall be two.
      (3)   No merchandise, photos, or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the outside of the building.
      (4)   No signs shall be placed in any window. A one square foot sign may be placed on the door to state the hours of operation and admittance to adults only.
      (5)   Sign messages shall be generic in nature and shall only identify the type of business which is being conducted.
      (6)   Sign messages shall not contain material classified as advertising.
(Ord. 230, passed 4-6-2004) Penalty, see § 154.999

§ 154.201 MINIMUM LOT SIZE.

   (A)   Every individual lot, site, or tract shall have an area of not less than one-half acre.
   (B)   Every lot or tract shall have a width of not less than 100 feet abutting a public right-of-way.
   (C)   All planned unit developments shall only be permitted on an area of at least two acres.
   (D)   There shall be a required minimum 10% reservation of the total lot area for landscaping use. The landscaping shall conform, in design and appearance, with the overall development plan as approved by the Planning Commission.
(Ord. 222, passed 6-3-2003)

§ 154.202 FRONT, SIDE, REAR YARD REQUIREMENTS.

   (A)   Front yard. 
      (1)   There shall be a front yard having a depth of not less than 35 feet between building and the street right-of-way line to be devoted exclusively to landscaping, except for necessary points of access.
      (2)   When off-street parking is to occur in the front yard area, the front yard requirements shall be that the provisions of §§ 154.295 through 154.307 are complied with.
   (B)   Side yards. There shall be two side yards, one on each side of the building. Each side yard shall not be less than ten feet in width.
   (C)   Rear yard. There shall be a rear yard not less than 25 feet in depth from the building to the rear lot line.
(Ord. 222, passed 6-3-2003)

§ 154.203 TRANSITIONAL YARD REQUIREMENTS.

   When any lot line coincides with a lot line of an adjacent residential district, the setback shall be at least 30 feet.
(Ord. 222, passed 6-3-2003)

§ 154.204 MAXIMUM GROUND COVERAGE.

   The sum total of the ground area covered by all structures shall not exceed 65% of the zoning lot on which the structures are located.
(Ord. 222, passed 6-3-2003)

§ 154.205 MAXIMUM BUILDING HEIGHTS.

   Building heights permitted are two and one-half stories, but not exceeding 35 feet.
(Ord. 222, passed 6-3-2003)

§ 154.206 BUILDING DESIGN, CONSTRUCTION STANDARDS.

   (A)   General.
      (1)   On all walls, at least 25% of the entire exterior wall surface, but not less than three feet of the entire exterior wall surface measured from the ground up, shall be constructed of one of the following materials:
         (a)   Face brick;
         (b)   Rock face block;
         (c)   Cementitious siding;
         (d)   Natural stone;
         (e)   Glass;
         (f)   Masonry stucco;
         (g)   Synthetic stucco;
         (h)   Waynes coating; and
         (i)   Other comparable or superior material as approved by the Zoning Administrator.
      (2)   Buildings may be constructed of primarily one of the materials listed in divisions (A)(1)(a) through (A)(1)(h) above if the design exceeds the intent of the design and construction standards.
   (B)   Accent materials. Wood and metal may be used as accent materials, provided that they are appropriately integrated into the overall building design, and not situated in areas that will be subject to physical or environmental damage.
   (C)   Exception. The following exception is permitted: The 25% of the exterior wall surface, and/or the three feet of exterior wall surface measured from the ground up, does not include doors, doorways, or windows.
   (D)   Additions and alterations. All subsequent additions and alterations constructed after the erection of an original building, or buildings, shall be of the same materials as those used in the original building, and shall be designed in a manner conforming to the original architectural concept and general appearance. These provisions shall not prevent the city to require upgrading of the quality of materials used in a remodeling or expansion program.
(Ord. 240, passed 6-7-2005)

§ 154.207 PERFORMANCE STANDARDS.

   It is the intent of this section to provide that businesses, industries, and related activities shall be established and maintained with proper appearance from streets and adjoining properties, and to provide that each permitted use shall be a good neighbor to adjoining properties by the control of the following.
   (A)   Noise.
      (1)   General. Noise shall be measured on any property line of the tract on which the operation is located. Noise shall be muffled so not to become objectionable due to intermittent beat, frequency, shrillness, or intensity. At the property line, the sound pressure level of noise radiated continuously from a facility shall not exceed the values given in division (A)(2) below.
      (2)   Sound-pressure levels. Maximum permissible sound-pressure levels of specified points of measurement for noise radiated continuously from a facility:
Band Cycles per Second (frequency)
Maximum Permitted Sound Level (decibels)
Band Cycles per Second (frequency)
Maximum Permitted Sound Level (decibels)
20-75
72
75-150
67
150-300
59
300-600
52
600-1,200
46
1,200-2,400
40
2,400-4,800
34
Over 4,800
32
 
   (B)   Odor. No activity or operation shall cause, at any time, the discharge of toxic, noxious, or odorous matter beyond the limits of the immediate site where it is located in the concentrations as to be obnoxious or otherwise detrimental to, or endanger, the public health, welfare, comfort, or safety, or cause injury to property or business.
   (C)   Glare. Glare, whether direct or reflected, such as from floodlights, spotlights, or high temperature processes, and as differentiated from general illumination, shall not be visible beyond the site of origin at any property line.
   (D)   Exterior lighting. Any lights used for exterior illuminations shall be directed away from adjacent properties.
   (E)   Smoke, dust, fumes, or gases. Every operation shall conform to local standards.
   (F)   Hazard. Every operation shall be earned on in accordance with local and state Department of Health standards and requirements.
   (G)   Water supply. The design and construction of water supply facilities and water supply source shall be in accordance with local and state Department of Health standards and requirements.
   (H)   Waste. All sewage and industrial wastes shall be treated and disposed in the manner as to comply with local and state Department of Health standards and requirements, and local codes.
   (I)   Compliance. In order to assure compliance with the performance standards set forth above, the Planning Commission may require the owner or operator of any permitted use to make the investigations and tests, as may be required, to show adherence to the performance standards.
   (J)   Additions. All subsequent additions and outbuildings constructed after the erection of an original building, or buildings, shall be reviewed by the Planning Commission.
(Ord. 222, passed 6-3-2003)

§ 154.208 REGULATIONS ON SCREENING.

   All principal and conditional uses, except business signs, which are situated within 50 feet of residential districts, shall be screened and buffered from the district by a wall and separation of open space which shall have a minimum depth of 30 feet, and shall include a required fence or vegetative screening of not less than seven feet in height above the level of residential districts property at the district boundary. Walls or fences of lesser heights, or planting screens, may be permitted by the City Council if there is a finding that the nature or extent of the use being screened is a lesser degree of screen will, as adequately, promote and protect the use and enjoyment of the properties within residential districts, or there is a finding that a screening of the type required by this chapter would interfere with the provision of adequate amounts of light and air to same the properties. Loading docks in the GB-I District shall be screened so as not to be visible from any public street right-of-way within a residential district. All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site, and they shall be properly maintained so as not to become unsightly, hazardous, or less opaque than when originally constructed.
(Ord. 222, passed 6-3-2003)