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Center City City Zoning Code

CHAPTER 225

B-1 DOWNTOWN BUSINESS DISTRICT

§ 225.01 PURPOSE.

   The purpose of the B-1 Downtown Business District is to encourage a viable downtown area which is intended to serve the entire city and be a diversified commercial center that offers the full range of comparison goods, sales and services, cultural, civic, and entertainment opportunities, financial and professional offices, and public uses. Although this district relies on automobile traffic, the needs of pedestrians and bicyclists are deemed equally important. Pedestrian and bicycle linkages, landscaping, and appropriate amenities are important components of this district. The pedestrian orientation of buildings adjacent to sidewalks encourages parking in the rear yards and enhances the traditional character exemplified by historical central business districts. Zoning standards are intended to promote compatibility in form, function, and style.
(Ord. 2011-06-07A, passed 6-7-2011)

§ 225.02 PERMITTED USES.

   In addition to other uses specifically identified elsewhere in this title, the following are permitted uses in the B-1 Downtown Business District.
   (A)   Bank, savings and loan, savings credit unions, and other financial institutions.
   (B)   Clinics.
   (C)   Clubs and lodges.
   (D)   Commercial recreation, indoor.
   (E)   Funeral homes and mortuaries.
   (F)   Hotels.
   (G)   Governmental and public utility buildings and structures.
   (H)   Instructional classes.
   (I)   Liquor store (off-sale)
   (J)   Office businesses.
   (K)   Performing arts centers.
   (L)   Off-street parking as a principal use, public garages and bus stations.
   (M)   Restaurants.
   (N)   Retail businesses.
   (O)   Service businesses, on and off-site.
(Ord. 2011-06-07A, passed 6-7-2011; Am. Ord. 2024-04-02-B, passed 4-2-2024)

§ 225.03 CONDITIONAL USES.

   In addition to other uses specifically identified elsewhere in this title, the following are conditional uses allowed in the B-1 Downtown Business District by the issuance of a conditional use permit based upon procedures set forth in and regulated by Chapter 196.
   (A)   Amateur radio service antennas and towers and personal wireless service antennas as regulated by Chapter 214.
   (B)   Bed and breakfast establishments.
   (C)   Daycare facilities as a principal or accessory use as regulated by § 205.21.
   (D)   Auto and boat repair, auto glass, muffler and upholstery shops, tire recapping and supply stores, and vehicle (automobiles, boats) storage for new or used vehicles (this does not include dismantling or wrecking) and parking and/or commercial storage of vehicles; need not be enclosed, provided:
      (1)   Not less than 25% of the lot, parcel, or tract of land shall remain as landscaped green area according to the approved landscape plan;
      (2)   The entire area other than occupied by buildings or structures or planting shall be surfaced with bituminous material or concrete which will control dust and drainage. The entire area shall have a perimeter curb barrier, a stormwater drainage system, and is subject to the approval of the City Engineer;
      (3)   The hours of operation shall be between 7:00 a.m. and 6:00 p.m. Evening hours of operation shall be subject to the approval of the City Council;
      (4)   All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust, or other particulate matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended;
      (5)   The emission of odor by a use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7011, as amended;
      (6)   All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code;
      (7)   All outside storage is prohibited. The storage of damaged vehicles, vehicles being repaired, and vehicle parts and accessory equipment must be completely inside a principal or accessory building; and
      (8)   All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served by modifying the conditions.
   (E)   Buildings combining residential and nonresidential uses allowed in this district, provided that:
      (1)   The residential and nonresidential uses shall not conflict in any manner;
      (2)   No such residential use will be permitted on the main floor of any commercial or business building. For the purpose of this section the main floor shall be that floor fronting upon the street providing access to the business. If a building has more than 1 floor fronting on different streets, the main floor shall be considered that floor which fronts on the street serving the majority of the businesses on that block; and
      (3)   The residential design and construction standards as regulated in § 224.10 are met.
   (F)   Commercial car washes (drive through, self-service and mechanical) provided that:
      (1)   A car wash that is accessory to a convenience store/motor fuel facility shall be included as part of the principal building;
      (2)   Magazine or stacking space is constructed to accommodate 6 vehicles per wash stall and shall be subject to the approval of the City Engineer;
      (3)   Magazine or stacking space must not interfere with on-site circulation patterns or required on-site parking or loading areas;
      (4)   Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 213;
      (5)   Provisions are made to control and reduce noise and special precautions shall be taken to limit the effects of noise associated with the car wash operation, dryer, and vacuum machines;
      (6)   The location and operation of vacuum machines must not interfere with magazines or stacking areas, on-site circulation, or on-site parking and loading areas, and may not be located in a yard abutting residentially zoned property; and
      (7)   Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and approval of the City Engineer and Building Official, and subject to applicable requirements of Metropolitan Council Environmental Services and MPCA.
   (G)   Drive-thru type commercial establishments as regulated by § 205.23.
   (H)   Essential services involving transmission pipelines and transmission or substation lines in excess of 33kV and up to 100kV, as regulated by § 205.05.
   (I)   Fitness centers limited to 2,000 square feet of gross floor area or less provided that:
      (1)   Adequate off-street parking and off-street loading shall be provided in compliance with Chapter 210 and Chapter 211 both of this title;
      (2)   The total number of stations shall not exceed 1 per 100 square feet of gross floor area;
      (3)   The use is located and developed so as not to create an incompatible operation problem with adjoining and neighboring commercial and/or residential uses; and
      (4)   Hours of operation shall be limited to 5:00 a.m. to 11:00 p.m. unless otherwise allowed by the City Council.
   (J)   More than 1 principal building on 1 lot of record, provided that:
      (1)   Lot requirements. The lot shall conform to the minimum lot area, lot width, and setback requirements of § 225.08;
      (2)   Setbacks. Setbacks between multiple principal buildings within the same base lot shall be a minimum of 20 feet;
      (3)   Common areas. All common areas including, but not limited to, open space, wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks, etc., shall be maintained in one of the following ways:
         (a)   All of the property including buildings and common areas shall be owned by a single entity;
         (b)   Condominium ownership pursuant to M.S. § 515A.1-106; and
         (c)   The property shall be divided into a base lot and unit lots to allow for individual ownership of the principal buildings or individual tenant spaces within the principal building, with each owner of a unit lot having an equal and undivided interest in the common area, subject to the following requirements:
            1.   The tenant space related to each unit lot shall have an exclusive exterior entrance; and
            2.   A management association shall be established for all commercial developments with multiple principal buildings subdivided in a base lot/unit lot configuration that is to be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of driveways and parking areas, subject to review and approval of the City Attorney.
      (4)   Utilities.
         (a)   Underground or exterior service. All utilities including telephone, electricity, gas, and tele-cable shall be installed underground. Exterior utility meters and fixtures shall be located in interior side or rear yards when possible and shall be screened from view of adjacent properties and the public right-of-way.
         (b)   Public utility service. Separate public utility services shall be provided to each unit unless exempted by the City Engineer.
            1.   Water connection. A shutoff valve for each individual unit shall be provided.
            2.   Sewer connection. Where more than 1 unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the maintenance association or owners.
   (K)   Nursing homes and residential care facilities provided that:
      (1)   Side yards are double the minimum requirements established for this district and are screened in compliance with § 213.04;
      (2)   Only the rear yard shall be used for recreational areas. Said area shall be fenced and controlled and screened in compliance with § 213.04; and
      (3)   All state laws and statutes governing such uses are strictly adhered to and all required operating permits are secured.
   (L)   Planned unit developments as regulated by Chapter 217.
   (M)   Religious institutions such as churches, chapels, temples, and synagogues, including social services.
   (N)   Theaters, indoor.
   (O)   Permanent detached accessory storage container structures.
       (1)   Building code. All standard requirements of the state building code as adopted by the city, shall apply to storage containers being used as a permanent detached accessory structure.
      (2)   Foundation. Storage containers being used as a permanent detached accessory structure shall be constructed upon a continuous perimeter foundation that meets the requirements of the State Building Code. The continuous perimeter foundation shall be engineered to meet all building code requirements.
      (3)   Building permit. The application for a building permit in addition to other information required, shall indicate the height, size, design, and the appearance of all elevations of the proposed structure and a description of the construction materials proposed to be used, and the delineation of future additions whether or not such construction is intended. The exterior architectural design of a proposed dwelling may not be so at variance with, nor so similar to, the exterior architectural design of any structure or structures already constructed or in the course of construction in the immediate neighborhood, nor so at variance with the character of the surrounding neighborhood as to adversely affect the public health, safety, or general welfare.
      (4)   Accessory use. No permanent detached accessory storage container shall be considered a principal use and instead shall be considered an accessory use and shall not be constructed on a lot prior to the time of construction of the principal building to which it is an accessory.
      (5)   Number allowed. There shall not be more than 1 permanent detached accessory storage container structure on a lot.
      (6)   Use. Permanent detached accessory storage container structures shall not be permitted to be rented or leased to a use not located on the same lot and shall be used for storage purposes only by the owner of the lot.
      (7)   Dimensions. Permanent detached accessory storage containers shall not exceed the dimensions of 40 feet in length, 8 feet in width and 10 feet in height.
      (8)   Signs. No signs or lettering shall be permitted on permanent detached accessory storage containers, except that murals may be allowed.
      (9)   Exterior appearance. Permanent detached accessory storage containers shall be maintained in a good condition free from structural damage, rust, deterioration and shall be in compliance with § 212.06.
      (10)   Location. Permanent detached accessory storage containers shall meet all accessory building setback requirements within the B-1 Downtown Business District.
      (11)   Screening. The permanent detached accessory storage container shall be fenced, screened, and/or landscaped from view of neighboring residential uses, abutting residential districts and the public right-of-way according to a plan in compliance with § 213.04.
(Ord. 2011-06-07A, passed 6-7-2011; Am. Ord. 2024-05-07, passed 5-7-2024)

§ 225.04 INTERIM USES.

   In addition to other uses specifically identified elsewhere in this title, and subject to applicable provisions of this title, the following are interim uses allowed in the B-1 Downtown Business District by the issuance of an interim use permit based upon procedures set forth in and regulated by Chapter 197 (Interim Use Permits) of this title.
   (A)   Outdoor service, sale, and rental as a principal or accessory use, provided that:
      (1)   Outside services, sales, and equipment rental connected with the principal use is limited to 30% of the gross floor area of the principal use;
      (2)   Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Chapter 213 (Fencing, Screening, and Landscaping Requirements) of this title;
      (3)   To control dust the sales area is surfaced with asphalt, concrete, or pavers with perimeter concrete curb, unless the City Engineer exempts all or portions of the curb for stormwater management purposes;
      (4)   The sales area shall not encroach upon required parking space or required loading space as required by Chapter 210 (Off-Street Parking) and Chapter 211 (Off-Street Loading) of this title;
      (5)   The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with § 197.06 (Termination) of this title; and
      (6)   The outdoor storage area shall not encroach into the required rear yard or side yard setback area if abutting a residential district.
   (B)   Outdoor storage as a principal or accessory use provided that:
      (1)   The outdoor storage area shall be fenced, screened, and/or landscaped from view of neighboring residential uses, abutting residential districts and the public right-of-way according to a plan in compliance with Chapter 213 (Fencing, Screening, and Landscaping Requirements) of this title and subject to the approval of the Zoning Administrator;
      (2)   The outdoor storage area occupies space other than a required front yard setback or side yard setback area on a corner lot;
      (3)   To control dust the outdoor storage area is surfaced with asphalt, concrete, or pavers with perimeter concrete curb, unless the City Engineer exempts all or portions of the curb for stormwater management purposes;
      (4)   The outdoor storage area shall not encroach upon required parking space or required loading space as required by Chapter 210 (Off-Street Parking) and Chapter 211 (Off-Street Loading) of this title;
      (5)   The storage does not include any waste, except as provided in § 209.06 (Waste and Recycling Receptacles and Enclosures) of this title;
      (6)   All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with § 205.11 (Exterior Lighting) of this chapter;
      (7)   The property stored shall not include any waste, except as provided in § 205.12 (Emissions, Noise, Odors, Smoke, Air Pollution, Dust and Other Particulate Matter, and Waste) of this title;
      (8)   The outdoor storage area shall not encroach into the required rear yard or side yard setback area if abutting a residential district;
      (9)   The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with § 197.06 (Termination) of this title; and
      (10)   Accessory outdoor storage areas shall comply with any additional accessory use standards in § 205.13 (Outdoor Storage and Refuse) of this title.
   (C)   Temporary mobile towers as regulated by Chapter 214 (Towers, Antennas, and Telecommunications Facilities) of this title.
(Ord. 2011-06-07A, passed 6-7-2011)

§ 225.05 PERMITTED ACCESSORY USES.

   In addition to other uses specifically identified elsewhere in this title, the following are permitted accessory uses in the B-1 Downtown Business District.
   (A)   Accessory and secondary use antennas as regulated by Chapter 214 (Towers, Antennas, and Telecommunication Facilities) of this title.
   (B)   Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed 30% of the gross floor space of the principal use.
   (C)   Fences as regulated by § 213.02 (Fences and Retaining Walls) of this title.
   (D)   Ground source heat pump systems as regulated by § 215.04 (Ground Source Heat Pump Systems) of this title.
   (E)   Off-street parking and off-street loading as regulated by Chapter 210 (Off-Street Parking) and Chapter 211 (Off-Street Loading) both of this title.
   (F)   Signs as regulated by Chapter 207 (Signs) of this title.
   (G)   Roof or building mounted and ground mounted energy systems as regulated by § 215.03 (Solar Energy Systems (SES)) of this title.
(Ord. 2011-06-07A, passed 6-7-2011; Am. Ord. 2015-11-4A, passed 11-4-2015)

§ 225.06 USES BY ADMINISTRATIVE PERMIT.

   In addition to other uses specifically identified elsewhere in this title, the following are uses allowed in the B-1 Downtown Business District by the issuance of an administrative permit based upon procedures set forth in and regulated by Chapter 198 (Administrative Permits and Approval) of this title.
   (A)   Essential services, except transmission pipelines and transmission or substation lines in excess of 33 kV and up to 100 kV, as regulated by § 205.05 (Essential Services) of this title.
   (B)   Open or outdoor sales, rental, or display as an accessory use in association with an allowed principal use provided that:
      (1)   The area occupied shall not exceed 10% of the principal building;
      (2)   No storage or display of merchandise shall be permitted in required rear, side, or front yards and shall be limited to the area of the customer entrances; and
      (3)   The outdoor sales, rental, or display area shall be included in the calculations for parking spaces required for the use and shall not occupy space required for parking as stipulated by Chapter 210 (Off-Street Parking) of this title, except as may be exempted for cause by the Zoning Administrator.
   (C)   Outdoor seating areas accessory to a restaurant use provided that:
      (1)   The tables, chairs, and other furniture of the seating area shall only be outdoors when the business is open to the public.
      (2)   The seating area shall be located on the business property. Outdoor seating areas may be located upon public sidewalks directly abutting the business property subject to the following provisions:
         (a)   A minimum 5-foot pedestrian walkway shall be maintained upon the public sidewalk so as not to obstruct pedestrian traffic;
         (b)   The outdoor seating area shall be set back a minimum of 5 feet from the back of curb of a public street or private drive aisle; and
         (c)   The owner of the business property with an outdoor seating area located upon public sidewalks shall provide a certificate of general liability insurance with minimum coverage of $300,000 naming the city as an additional insured.
   (D)   Temporary, outdoor promotional events and sales provided that:
      (1)   Outdoor sales (except promotional events, Christmas trees, and transient merchant sales):
         (a)   Such activity is directed towards the general public and includes grand openings, warehouse sales, sidewalk sales, inventory reduction or liquidation sales, distressed merchandise sales, and seasonal merchandise sales (except Christmas trees);
         (b)   The following specific standards shall apply to all proposed temporary outdoor sales activities allowed by this section and by city code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator:
            1.   The maximum total time for temporary outdoor sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 60 days per calendar year per property;
            2.   There shall be no more sales activities than those specified in the administrative permit and, in no case, shall there be more than 10 sales activities per year per property; and
            3.   Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation, or emergency vehicle access. Temporary sales on unpaved landscaped areas is prohibited.
      (2)   Promotional events, outdoor Christmas tree and transient merchant sales.
         (a)   Such activity is directed towards the general public and consists of the sales of cut evergreen trees, boughs, wreaths, and other natural holiday decorations and related products, sales of produce, or other licensed transient sales and displays of materials that are typically not sold or serviced on the site.
         (b)   The following specific standards shall apply to all proposed outdoor events and sales allowed by this section and by city code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator:
            1.   The maximum total time for sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 90 days per calendar year per property;
            2.   There shall be no more than 1 sales activity per year per property, which shall be in addition to any promotional events or other outdoor sales permitted on the property; and
            3.   Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with seasonal parking demand, traffic, circulation, or emergency vehicle access. Sales on unpaved landscaped areas are prohibited.
      (3)   General standards.
         (a)   The event shall be clearly accessory to or promoting the permitted or conditional use approved for the site. Only merchandise which is normally manufactured, sold, or stocked by the occupant on the subject premises, except Christmas trees and plant sales, shall be sold and/or promoted.
         (b)   Tents, stands, and other similar temporary structures may be utilized, provided they are clearly identified on the submitted plan and provided that it is determined by the zoning administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site.
         (c)   The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Chapter 210 (Off-Street Parking) of this title. Consideration shall be given to the parking needs and requirements of other occupants in the case of multiple-tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the chief of police, at the petitioner’s expense.
         (d)   Signage related to the event shall be in compliance with the temporary sign standards of Chapter 207 (Signs) of this title and shall be allowed for the duration of the event. Special signage for purposes of traffic direction and control may be authorized by the Zoning Administrator; the erection and removal of such signage shall be the responsibility of the applicant.
         (e)   The approved permit shall be displayed on the premises for the duration of the event.
   (E)   Temporary structures as regulated by § 205.17 (Temporary Structures) of this title.
(Ord. 2011-06-07A, passed 6-7-2011)

§ 225.07 DESIGN STANDARDS.

   Site and building design within the B-1 Downtown Business District shall maintain a high standard of architectural and aesthetic quality in conformance with the comprehensive plan.
(Ord. 2011-06-07A, passed 6-7-2011)

§ 225.08 LOT REQUIREMENTS AND SETBACKS.

   The following minimum requirements shall be observed in the B-1 Downtown Business District subject to the additional requirements, exceptions, and modifications set forth in this title. All requirements and setbacks are to be construed as indicating the minimum footages permitted unless otherwise specified.
   (A)   Lot area. None.
   (B)   Lot width. None.
   (C)   Lot depth. None.
   (D)   Front yard setback. None.
   (E)   Rear yard setback. 15 feet.
   (F)   Side yard setback. None.
   (G)   Side yard setback corner lot. None.
   (H)   Residential district setback. 30 feet.
   (I)   Maximum impervious surface coverage. None.
   (J)   Maximum height.
      (1)   Principal buildings. 3 stories or 40 feet, whichever is less.
      (2)   Accessory buildings. As regulated by § 209.04(G) (General Provisions and Standards for all Zoning Districts) of this title.
(Ord. 2011-06-07A, passed 6-7-2011)