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Burnsville City Zoning Code

CHAPTER 10

19 SPECIAL REQUIREMENTS FOR ALL BUSINESS, CRD AND MIX DISTRICTS

10-19-1: Special Requirements And Performance Standards For All Business And Mixed Use Districts

  1. Building Design And Materials: All buildings shall be designed to accomplish the goals and policies of the Comprehensive Plan. Building materials shall be attractive in appearance, of a durable finish, and be of a quality that is compatible and harmonious with adjacent structures. All buildings shall be of good aesthetic and architectural quality to ensure they will maintain and enhance the property values of neighboring properties and not adversely impact the community's public health, safety and general welfare.
    1. Design Elements: All new building fronts and refacing of existing buildings shall include a minimum of three (3) of the following elements:
      1. Accent materials;
      2. A visually pleasing front entry that, in addition to doors, shall be accented a minimum of one hundred fifty (150) square feet around the door entrance for single occupancy buildings and a minimum of three hundred (300) square feet total for the front of multi-tenant buildings (this area shall be counted as 1 element);
      3. Twenty five percent (25%) window coverage on each front that faces a street;
      4. Contrasting, yet complementary material colors;
      5. A combination of horizontal and vertical design features;
      6. Irregular building shapes; or
      7. Other architectural features in the overall architectural concept. If the applicant and the Development Review Committee (DRC) cannot agree on the proposed building exterior elevations, the applicant shall be required to make an application for a conditional use permit to prove compatibility.
    2. Accent Materials: Accent materials shall be wrapped around walls visible from public view. Painting shall not be substituted for visual relief, accenting, or a required element. No wall shall exceed one hundred feet (100') in length without visual relief. "Visual relief" may be defined as the incorporation of design features such as windows, horizontal and vertical patterns, contrasting material colors, or varying wall depths. Use of fiber cement trim, soffit and fascia shall be allowed as accent materials.
    3. Major Exterior Materials: Major exterior materials of all walls including face brick, stone, glass, stucco, synthetic stucco, fiber cement vertical panel siding, architectural concrete and precast and cast in place panels shall be acceptable as the major exterior wall surface when they are incorporated into an overall design of the building. Use of rain screens, panelized systems, or curtain walls are encouraged and will be verified for high quality design and materials through the Development Review Committee. Fiber cement seam lines shall be architecturally integrated into the building design so that they are not visible. Seam lines can be filled, covered by other accent material or other method thereby making the seam lines invisible. Color impregnated decorative block shall also be allowed as a major exterior wall material, and shall be required to be sealed. All materials shall be color impregnated with the exception of allowing architectural concrete precast panel systems and fiber cement siding to be painted. Painting shall be permitted on color impregnated, major exterior materials. If the architectural precast panel systems are painted, they shall be properly prepared and maintained regularly to prevent peeling, stripping, shading or any other form of deterioration or discoloration. Proof of manufacturer's painting specifications shall be supplied prior to issuance of a building permit. All exterior materials, including painted exterior materials, shall comply with section 304.2 Protective Treatment of the International Property Maintenance Code. This subsection (A)3 shall also apply to all exterior repairs, remodeling, or expansion of existing buildings that require a building permit.
    4. Limited Exterior Materials: No more than fifty percent (50%) of any exterior wall on a building shall be fiber cement horizontal siding, wood or 24-gauge or thicker metal accent material. All exterior materials, including painted exterior materials, shall comply with section 304.2 Protective Treatment of the International Property Maintenance Code. This fifty percent (50%) limit may be exceeded when used in a panelized system that consists of prefabricated, or factory manufactured, panels that form a structural envelope, and significantly simplify on site framing, and request for approval shall be through a conditional use permit or planned unit development. This standard applies only to facades facing a street.
    5. Prohibited Exterior Materials: Unadorned prestressed concrete panels, whether smooth or raked, nondecorative concrete block, sheet metal, 25-gauge or thinner corrugated metal or unfinished metal shall not be used as exterior materials. This restriction shall apply to all principal structures and to all accessory buildings except those accessory buildings not visible from any property line.
    6. Visual Relief: No wall shall exceed one hundred feet (100') in length without visual relief. "Visual relief" may be defined as a varying design of the building by incorporating design features such as windows, horizontal and vertical patterns, contrasting material colors or varying wall depths.
    7. Roofs: Roofs which are exposed or an integral part of the building aesthetics shall be constructed only of commercial grade asphalt shingles, wood shingles, standing seam metal, slate, tile, or copper. Flat roofs, which are generally parallel with the first floor elevation, are not subject to these material limitations.
    8. Building And Roofing Materials: All building and roofing materials shall meet current accepted industry standards, and tolerances, and shall be subject to review and approval by the Development Review Committee for quality, durability, and aesthetic appeal. For all new buildings and building exterior renovations, the applicant shall submit to the City product samples, color building elevations, and associated drawings which illustrate the construction techniques to be used in the installation of such materials. Building and roofing materials not specifically approved in this section may be allowed by a conditional use permit or planned unit development only after it is demonstrated that the proposed material is equal to or better than approved materials. The long range maintenance of the proposed material shall be incorporated as a condition of the approval and filed on the property.
    9. Parapets: Renovation or refacing of an existing commercial building that includes increasing the height of the parapet walls, as defined in section 10-4-2 of this title, shall be part of a comprehensive building upgrade that meets the following standards:
      1. The parapet wall finish materials shall match the major exterior materials provided on an exterior wall as specified in subsection (A)3 of this section.
      2. The parapet walls shall be provided along all perimeter walls.
      3. Parapet walls may vary in height but shall not exceed the building height of the respective district.
      4. The back of the parapet wall and/or its supports shall be screened from view from adjoining properties and public streets.
      5. Parapet wall extensions shall not be permitted as flat wall features on the building facade. All facades proposed to support a taller parapet wall shall be designed to provide variation in facade depth in conjunction with increased height. The following features may be required to provide facade depth in conjunction with the taller parapet walls:
        1. Recessed or projected windows, awnings, or canopies.
        2. Entryway treatments, awnings, canopies, marquees, porticoes, and arches.
        3. Vertical wall treatments that extend from the facade creating a variation in facade depth, columns, corner treatments, and changes in building materials.
        4. Horizontal wall treatments, cornices, lintels, and color bands that provide some facade depth and divide the building height.
  2. Private Trash And Recyclable Materials: All private trash, recyclable materials, trash and recyclable materials handling equipment and compactors shall be screened pursuant to section 10-7-18 of this title.
  3. Off Street Parking: Design and maintenance of off street parking areas shall be in accordance with section 10-7-26 of this title.
  4. Accessory Structures: Garages, accessory structures, excluding trash enclosures, screen walls and exposed areas of retaining walls shall be of a similar type, quality and appearance as the principal structure.
  5. Utilities: The view of all rooftop equipment and related piping, ducting, electrical and mechanical utilities abutting a street on buildings constructed after January 1, 2006, shall be screened from the ground level view. Screening may include parapet walls, penthouses, or other architecturally integrated elements. Wood fencing or chainlink with slats shall not be used for screening. The term "ground level view" for this provision shall be defined as the view of the building from the furthest point of the width of the right-of-way from the property line(s) that abut a street. A cross sectional drawing shall be provided that illustrates the sightlines from the ground level view. For buildings constructed prior to January 1, 2006, for replacement of existing units, remodeling, and building expansions, the ground level view of all rooftop equipment and related piping, ducting, electrical and mechanical utilities shall be painted to match the building, designed to be compatible with the architectural treatment of the principal structure or screened by the use of parapet walls. Wood fencing shall not be used for screening.
  6. Private Ground Mechanical Equipment: Private ground mechanical equipment shall be one hundred percent (100%) screened from contiguous properties and adjacent streets pursuant to section 10-7-18 of this title. Said screening shall be provided to be compatible with the architectural treatment of the principal structure.
  7. Outdoor Storage: There shall be no outdoor storage of either materials or products, except through the issuance of a conditional use permit where permitted in the underlying zoning district.
  8. External Loading And Service Areas: External loading and service areas must be one hundred percent (100%) screened pursuant to section 10-7-18 of this title, except at access points.
    1. External dock, service and loading doors that face residential uses shall remain closed at all times except during loading and unloading.
  9. Compatibility: All structures shall be compatible with other structures in the area.
  10. Outdoor Speakers: Outdoor speakers shall be prohibited for all uses abutting a residential use except by approval of a conditional use permit.
  11. Incidental Repair, Processing Or Storage: Incidental repair, processing or storage associated with a permitted use in a Business or Industrial Zoning District may be conducted subject to the following:
    1. Said incidental repair, processing or storage does not occupy more than thirty percent (30%) of the gross floor area of the tenant space.
    2. If the business abuts or is located across the street from a residential use said repair, processing or storage shall be conducted completely within the building or facility with all business doors closed. (Ord. 1247, 9-20-2011; Ord. 1316, 4-8-2014; Ord. 1438, 10-7-2017; Ord. 1491, 6-4-2019; Ord. 1499, 10-22-2019)

10-19-2: Height Standards In B-1, B-3, B-4 And CRD Districts


  1. No limit shall be placed on the height of buildings in B-1, B-3 and B-4 Districts except that any building exceeding twenty five feet (25') in B-1 Districts or thirty five feet (35') in B-3, B-4 and CRD Districts shall be by a conditional use permit.
    1. Buildings within the Minnesota River Quadrant as identified in the City's Comprehensive Plan shall have no height limitations, except where Environmental Overlay Districts and floodplain regulations may apply. (Ord. 1316, 4-8-2014; Ord. 1491, 6-4-2019)

10-19-3: Special Requirements And Performance Standards In B-2, B-3, CRD And MIX Districts As Applicable Within The District

  1. Motor fuel stations shall be subject to the following standards:
    1. Canopy Height: The total height of any overhead canopy or weather protection shall not exceed twenty feet (20') in height.
    2. Open Storage: Open storage of motor vehicles shall not be permitted for a period of more than forty eight (48) hours and then only if it is screened.
    3. Sales, Rentals Prohibited: No sales or rental of motor vehicles or trailers or campers shall be permitted.
    4. Goods For Sale: All goods for sale by a motor fuel station convenience store other than commercial freezers for ice and petroleum based products required for the operation and maintenance of motor vehicles shall be displayed within the principal motor fuel station structure. No displays shall be permitted in required parking or driveway areas, landscape areas, required setback areas, or any right-of-way or other public property. Displays may be permitted on sidewalks, only if they leave at least four feet (4') of sidewalk width available to pedestrians.
    5. Compatibility: Each motor fuel station shall be compatible with the area in which it is located.
    6. Landscaping: A minimum ten foot (10') landscaped yard shall be planted and maintained behind the property line along all public streets. A landscaped yard not less than five feet (5') wide shall be maintained along exterior property lines.
    7. Motor Fuel Dispenser Location: Motor fuel dispensers shall be located at least thirty feet (30') from a property line, and one hundred feet (100') from an R-1, R-1A, or R-2 District property line.
    8. Setbacks:
      1. Structures shall be set back:

        Front:30 (60) feet
        Side:30 (50) feet
        Rear:30 (50) feet
      2. Setbacks in parentheses apply to lot lines adjacent to R-1, R-1A and R-2 Districts.
    9. Lot Size And Width:
      1. Lot size:
        1. Motor fuel station (Class I): Twenty thousand (20,000) square feet.
        2. Motor fuel station (Class II): Thirty thousand (30,000) square feet.
      2. Lot width:
        1. Motor fuel station (Class I): Two hundred feet (200').
        2. Motor fuel station (Class II): One hundred fifty feet (150').
    10. Electronic Speaker Devices: Electronic speaker devices shall be regulated as provided in section 10-7-9 of this title. Exterior speakers shall not be allowed on sites that abut residential uses unless expressly permitted as part of a conditional use permit.
    11. Car Wash Stacking Requirements: Car wash stacking requirements shall be regulated as provided in section 10-7-26 of this title.
    12. Adjacent Parcels: Any parcel which adjoins another parcel at one corner and any parcel which is across the street from a motor fuel station parcel, except for a principal or intermediate arterial, shall be considered to be adjacent for the administration of this section. (Ord. 1247, 9-20-2011)
  2. Restaurants shall be subject to the following standards:
    1. A proposed restaurant shall be specifically identified as a fast food or standard restaurant.
    2. Where possible, all outside parking spaces shall be located to the side and/or rear of the restaurant.
    3. Restaurants located within one thousand feet (1,000') of Residential zoned or developed property shall include odor reducing equipment to minimize food odors emitted outside of the restaurant. (Ord. 1454, 4-17-2018)
  3. Buildings containing a bowling alley, electronic game room containing six (6) or more electronic games, billiard and pool room containing six (6) or more tables, skating rink, lounge, nightclub, tavern, liquor store or fraternal organization shall not be located within one hundred feet (100') of any R District, except that the structure for a fraternal organization may be located within one hundred feet (100') of an R District when that structure has a common recreation center of a multi-family project. (Ord. 1338, 2-3-2015)
  4. Multiple-tenant retail sales and service facilities shall be subject to the following standards:
    1. The physical design may include more than one building. If there is an open space between two (2) buildings, the space shall not be less than one-half (1/2) the sum of the heights of the two (2) buildings.
    2. No building shall be nearer than sixty feet (60') to any exterior lot line except when abutting or across the street from an R District in which case the minimum distance shall be one hundred feet (100').
    3. The design shall include adequate internal circulation drives not less than twenty four feet (24') in width which are exclusive of the required parking areas.
    4. The driveway curb cuts to the development shall not exceed twenty six feet (26') in width and be located not less than sixty feet (60') from all intersecting streets.
    5. When such structures are modified, altered, or repaired the entire building exterior facade shall be modified to be architecturally and materially consistent and/or compatible for the entire structure. If the entire structure is not proposed to be modified and/or consistent as determined by the DRC, then a conditional use permit shall be required per subsection 10-19-1(A) of this chapter. To be considered architecturally and materially consistent and compatible and able to be approved administratively, the following flexibility may be allowed:
      1. Facades of tenant spaces may be of the same color palette with varying design elements and height.
      2. A phasing plan for improvements may be submitted up to five (5) years and surety of one hundred percent (100%) of cost in lieu of completing entire structure at once.
      3. Any corporate identity that does not meet exterior requirements for compatibility and/or consistency as determined by DRC may be permitted at the front entrance only not exceeding twenty five percent (25%) of the facade.
      4. Single matching parapets may be added (in lieu of parapets wrapping the entire structure or tenant space) provided rooftop units are screened.
      5. Facades can have varying identities for tenants if tied into an overall design for the entire center as determined by DRC. Similar but different identities for tenants may include different colored awnings or different window/parapet trim colors, or same colors but different design elements incorporated.
      6. Any rear and side facades visible to the public and adjacent properties shall also be compatible. (Ord. 1247, 9-20-2011)
HISTORY
Amended by Ord. 1487 on 4/16/2019

10-19-4: (Reserved)

(Ord. 1316, 4-8-2014)

10-19-5: Special Requirements And Performance Standards In All B-2 Districts

  1. Maximum Height: Maximum building height shall be thirty feet (30').
  2. Maximum Building Size: Maximum building size shall be fifteen thousand (15,000) gross square feet (total floor area above grade). More than one building may be built on a site. Maximum building size of up to thirty thousand (30,000) gross square feet (total floor area above grade) may be allowed by conditional use permit.
  3. Roof Types: Roofs shall be pitched, mansard, or other roof types commonly found in the adjacent residential area. (Ord. 1247, 9-20-2011)

10-19-6: Incidental Outdoor Seating For Food Service Businesses

  1. Food service businesses, including, but not limited to, bakeries, delicatessens, coffee and/or tea shops, and restaurants, may provide outdoor temporary seating for their patrons with the following provisions:
    1. The seating shall be located on private property.
    2. The seating shall be of durable, wind resistant, commercial grade patio or cafe type furniture that enhances the appearance of the business.
    3. The outdoor seating area shall be defined with the use of landscaping, temporary fencing or other means that defines the outdoor seating area and contains the tables and chairs for the use as demonstrated on a site plan and approved by City staff.
    4. No alcoholic beverages or food shall be served to persons outside of the designated outdoor seating area. Signage shall be posted that restricts consumption of alcohol outside of the designated outdoor seating area as approved by City staff.
    5. Patrons shall access the outdoor seating area through the main entrance or host station and shall be seated by a staff person and all standard restaurants with waitstaff service.
    6. The seating shall be located so as not to compromise safety. Seating shall not obstruct any public or private sidewalk or passageway for pedestrians, or any entrance or any required exit or be located on landscaping or parking areas. All provisions of the Building and Fire Codes and ADA compliance shall be adhered to.
    7. All exterior sound equipment shall be shut off at ten o'clock (10:00) P.M. as regulated in title 7, chapter 1 of this Code.
    8. Lighting shall be permitted to the extent that it only illuminates the designated area. Lighting shall not shine or cause a glare upon other public or private property outside the designated area or as permitted in section 10-7-36 of this title.
    9. If alcohol is served, hours of operation shall be in accordance with subsection 3-1-8-5(A) of this Code.
    10. Any proposed outdoor seating area on property abutting an R Residential Zoning District shall be by conditional use permit if the outdoor seating area is facing residential.
    11. The business owner shall regularly clean the seating area so that it is litter free.
    12. All other performance standards in this title affecting a property owner's ability to install a patio on the site, except for Environmental Overlay Districts, shall not apply for the installation of the patio area. This includes greenspace, perimeter landscaping, drive aisle provisions, parking standards and setbacks.
    13. If the outdoor seating area is located within an easement, written permission from the easement holder is required.
HISTORY
Amended by Ord. 1487 on 4/16/2019

10-19-7: Special Consideration For Properties Located In B-1, B-2, B-3, B-4, CRD And MIX Districts Affected By Public Improvement Projects Resulting In Land Taking

  1. Properties that become nonconforming in terms of green area, setbacks or parking requirements as a direct result of a public improvement project resulting in loss of land (taking) for public roadway right-of-way or easements shall be considered in their pretaking condition when proposing any building or parking expansion affected by the land taking.
  2. The setbacks, green area and parking requirements shall be as follows:
    1. Minimum setbacks for principal and accessory structures or parking shall only be considered on the side of the structure(s) or parking lot where the public taking resulted in the nonconformity.
    2. Minimum setbacks shall be the existing setback before the taking less the amount of the taking. Principal and accessory structures shall be set back no less than ten feet (10'). Parking shall be set back no less than five feet (5').
    3. Green area for the total land area shall be the percent required by section 10-30A-9 of this title at the time of the taking, less the percent removed as a result of the taking. Green area shall not be less than ten percent (10%) of the total lot area after taking.
    4. Required parking spaces shall be those required by section 10-7-26 of this title less the spaces eliminated as a direct result of the taking. If a property has an approved proof of parking plan with spaces not yet utilized as parking at the time of the taking, the owner shall install such spaces to replace those eliminated by the taking. (Ord. 1247, 9-20-2011)

10-19-8: Special Requirements And Performance Standards For Thrift Stores Having Five Thousand Square Feet Or More Of Gross Floor Area Within The B-2, B-3, And B-4 Districts

  1. All merchandise receiving, transfer, sorting, processing, and storage shall occur within a completely enclosed principal structure.
  2. No exterior storage or the use of exterior storage containers or semitrailers for storage shall be allowed upon the site.
  3. For any thrift store that accepts donations, at least one accessory drive-through service lane meeting the standards of subsection (D) of this section shall be provided.
  4. Accessory drive-through service lanes leading to and accessing the indoor collection/donation area shall meet the following conditions:
    1. Drive-through service lanes shall not be permitted within the front, side, or rear yards abutting a street.
    2. Drive-through service lanes shall be designed and depicted on the site in a manner that segregates the service lane from drive lanes, parking spaces, and sidewalks on the site.
    3. The drive-through service lane shall be a minimum of fourteen feet (14') wide and provide up to one hundred sixty (160) linear feet of automobile stacking.
    4. The drive-through service lane cannot open directly onto a public street. Automobile stacking shall not interfere with on site drive lanes, fire lanes, parking stalls, loading areas, access to trash dumpsters, or sidewalks. Overflow automobile stacking beyond the service lane shall not extend into any public street right-of-way or interrupt traffic on a public street. (Ord. 1298, 5-7-2013)
    5. The drive-through lane shall be one hundred percent (100%) screened to a height of at least six feet (6') and meet the provisions of section 10-7-18 of this title. (Ord. 1316, 4-8-2014)
    6. No outdoor audio equipment shall be permitted with a drive-through lane.
    7. Directional and operational signage shall be provided to direct customers to the drop off lane and explain the drop off process. (Ord. 1298, 5-7-2013)

1487

10-19-2-1: Temporary/Seasonal Outdoor Sales Uses (Reserved)

(Rep. by Ord. 1316, 4-8-2014)

Notes See section 10-7-48 of this title.