Center City City Zoning Code

CHAPTER 226

B-2 HIGHWAY BUSINESS DISTRICT

§ 226.01 PURPOSE.

The B-2 Highway Business District is designed and intended to promote the development of uses which require large concentration of automobile traffic. The district is also designed to accommodate those commercial activities which may be incompatible with the uses permitted in the B-1 Downtown Business District and whose service is not confined to any 1 neighborhood community.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 226.02 PERMITTED USES.

In addition to other uses specifically identified elsewhere in this title, the following are permitted uses in the B-2 Highway Business District.

(A) Ambulance service.

(B) Appliance store, sales and storage.

(D) Auto parts and accessory sales including outdoor display of auto accessories provided that such outdoor display or storage is separated from abutting development by ornamental fencing or screen planting.

(E) Bank.

(F) Beauty or barbershop.

(G) Bicycle store.

(H) Blueprinting, photostatting, and lithographing.

(I) Bowling alley and billiard parlor.

(J) Bus, railway, or airline depot or ticket office.

(K) Catalog service and mail order house.

(L) Club or lodge.

(M) Dairy products store.

(N) Dance hall.

(O) Diaper service.

(P) Discount store.

(Q) Drugstore.

(R) Dry cleaning.

(S) Electric contractor.

(T) Exterminator.

(U) Floral sales.

(V) Food locker plant: a food locker plant renting only individual lockers for home customer storage of food, including sale or retail, delivery of individual home orders and the cutting and packaging of meats or game but not including slaughtering or eviscerating thereof.

(W) Fruit store.

(X) Furniture store.

(Y) Governmental and public utility buildings and structures.

(Z) Grocery store.

(AA) Gunsmith.

(BB) Halls; rented for meetings, conventions, or social gatherings.

(CC) Hardware store.

(DD) Health equipment and supply store.

(EE) Hotel, motel, or tourist home.

(FF) Ice plant.

(GG) Janitorial service.

(HH) Laboratory; scientific and testing.

(II) Laundromat.

(JJ) Linen supply.

(KK) Liquor store (off-sale).

(LL) Locksmith.

(MM) Medical facilities including clinics, appliances, sales and fittings.

(NN) Mortuary.

(OO) Office building.

(PP) Paint and wallpaper store.

(QQ) Painting and decorating contractor.

(RR) Pawn shop.

(SS) Pet store.

(TT) Photographic studio, picture processing, or equipment.

(UU) Shopping centers.

(VV) Plumbing contractor.

(WW) Powersport vehicle store.

(XX) Printing, publishing, and allied industries.

(YY) Radio and television broadcasting (including transmitter and studios).

(ZZ) Restaurant cocktails lounges and other eating and drinking establishments.

(AAA) Second hand store.

(BBB) Sign contractor.

(CCC) Tailor.

(DDD) Taxidermist.

(EEE) Theatrical studio.

(FFF) Upholstery shop of any type.

(GGG) Variety store.

(HHH) Adult establishments, subject to the requirements of Chapter 114 of the City Code.

(Ord. 2011-06-07A, passed 6-7-2011; Am. Ord. 2012-09-04A, passed 9-4-2012)

§ 226.03 CONDITIONAL USES.

In addition to other uses specifically identified elsewhere in this title, the following are conditional uses allowed in the B-2 Highway Business District by the issuance of a conditional use permit based upon procedures set forth in and regulated by Chapter 196 (Conditional Use Permits) of this title.

(A) Amateur radio service antennas and towers, personal wireless service antennas, commercial and public radio and television transmitting antennas, public safety communication antennas and public utility microwave antennas as regulated by Chapter 214 (Towers, Antennas and Telecommunications Facilities) of this title.

(B) 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.

(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 (Fencing, Screening, and Landscaping Requirements) of this title;

(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.

(D) Community or convention centers.

(E) Daycare facilities as a principal or accessory use as regulated by § 205.21 (Daycare Facilities) of this title.

(F) Drive-thru type commercial establishments as regulated by § 205.23 (Drive-Thru Businesses) of this title.

(G) Essential services involving transmission pipelines and transmission or substation lines in excess of 33kV and up to 100kV, as regulated by § 205.05 (Essential Services) of this title.

(H) Fitness centers and health clubs provided that:

(1) Adequate off-street parking and off-street loading shall be provided in compliance with Chapter 210 (Off-Street Parking) and Chapter 211 (Off-Street Loading) 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.

(I) Garden supplies and landscape nursery.

(J) Indoor firing ranges. The use of property for an indoor firing range shall conform to the following standards:

(1) The firing range shall not be located on any lot adjacent to an existing Residential or Conservation, Parks, Public & Open Space District.

(2) The firing range shall not be located within 1,000 lineal feet, measured from building to building, of an existing firing range or establishment licensed to dispense intoxicating or non-intoxicating beverages.

(3) The use, occupancy, and construction of the building shall conform to the Minnesota State Building Code.

(4) The building and method of operation shall conform with the applicable Minnesota Pollution Control Agency, Environmental Protection Agency, and OSHA standards for indoor ventilation, emissions into the atmosphere, indoor sound levels, lead containment, and outside noise standards.

(5) The design and construction of the firing range shall completely confine all ammunition rounds within the building and in a controlled manner. The design and construction of the firing range shall be certified by a registered engineer in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet trap(s), ceilings, exterior and interior walls, and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine. In addition, the building shall be constructed of tip-up concrete, concrete block or other similar material, as approved by the Planning Commission and City Council, to ensure the facility is secure.

(6) No ammunition shall be used in the range that exceeds the certified design and construction specifications of the firing range.

(7) A written log of range users shall be maintained by the range operator and available for inspection by the city at any/all times. The name and address of the user shall be verified by photo identification. The log shall, but is not limited to:

(a) The name, address, and phone number of the range user;

(b) The time and date the user was in the range; and

(8) On-site supervision shall be supplied at all times by an adult with credentials as a range operator. The range operator shall be responsible for the conduct of their place of business and the conditions of safety and order in the place of business and on the premises.

(9) The applicant shall provide and maintain proof of liability insurance which shall require the insurer to notify the Zoning Administrator in writing within 10 business days of cancellation of the policy, a change in the limit of the policy and/or a change in policy ownership. Said policy shall be available for inspection by the Zoning Administrator and/or his or her assigns at all times.

(10) On-site instruction shall be given only by certified firearms instructors. Current certificates for firearms instructors shall be on display in a conspicuous location in the premises and available for pubic inspection at all times.

(11) An outside security plan for the general grounds shall be submitted to the Zoning Administrator or designee for review and approval.

(12) The transport of firearms on the premises, to the premises and from the premises shall conform to state law.

(13) Minors shall not be allowed in the range unless accompanied by an adult at all times. This provision shall not be interpreted to prohibit minors from participating in a firearm safety class which is supervised by an adult instructor.

(14) Indoor firing ranges shall not sell or dispense intoxicating or non-intoxicating liquors, nor shall they be located in a building which contains a business that sells or dispenses non-intoxicating or intoxicating liquors.

(15) The Planning Commission and City Council reserve the authority to review or modify the performance standards for the range.

(K) Landing or take-off area for rotorcraft, not including maintenance, repair, fueling or hanger facilities.

(L) More than one principal buildings 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 § 226.07 (Lot Requirements and Setbacks) of this title;

(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 telecable 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.

(M) Motor vehicle fuel sales and motor vehicle fuel sales including convenience grocery and/or prepared food as regulated by § 205.22 (Motor Vehicle Fuel Facilities) of this title.

(N) Motor vehicle sales, including new and used automobiles, trucks, motorcycles, recreational vehicles and equipment, boats and marine sales, that involve open and outdoor sales and display areas larger than 30% of the area of the principal building provided that:

(1) The 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) this title;

(2) The architectural appearance, scale, building materials, and functional plan of the site and building shall not be dissimilar to existing uses and buildings so as to cause a blighting influence;

(3) The sales area is surfaced with bituminous material or concrete;

(4) The sales area does not take up parking space as required for conformity to this title;

(5) Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. unless otherwise allowed by the City Council; and

(6) Accessory automobile repair shall require the processing of a separate conditional use permit(s), subject to the conditions of § 226.03(B) (Conditional Uses) of this title.

(O) Planned unit developments as regulated by Chapter 217 (Planned Unit Developments) of this title.

(P) Religious institutions such as churches, chapels, temples, and synagogues, including secondary social services.

(Q) Shipping and storage of merchandise solely intended to be retailed by the established principal permitted use.

(R) Sports arena or stadium.

(S) Theaters, indoor.

(T) Veterinary clinics provided that:

(1) All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties; and

(2) Animal carcasses are properly disposed of in a manner not utilizing on-site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal.

(U) Wind energy conversion systems (WECS), noncommercial, provided that:

(1) All requirements of § 215.02 (Wind Energy Conversion Systems “WECS”) of this title are satisfied.

(2) Noncommercial wind energy conversion systems are located on lots at least two and one-half acres in area.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 226.04 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-2 Highway 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 § 213.04 (Required Screening and Landscaping) 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 title;

(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.

(D) Community solar 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)

§ 226.05 PERMITTED ACCESSORY USES.

In addition to other uses specifically identified elsewhere in this title, the following are permitted accessory uses in the B-2 Highway 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 building and structures for a use accessory to the principal use but such use shall not exceed 30% of the gross floor area of the principal use.

(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 solar 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)

§ 226.06 USES BY ADMINISTRATIVE PERMIT.

In addition to other uses specifically identified elsewhere in this title, the following are uses allowed in the B-2 Highway 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.

(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 division 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.

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 division 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.

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.

(D) Temporary structures as regulated by § 205.17 (Temporary Structures) of this title.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 226.07 LOT REQUIREMENTS AND SETBACKS.

The following minimum requirements shall be observed in the B-2 Highway 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. 20,000 square feet.

(B) Lot width. 100 feet.

(D) Front yard setback. 30 feet.

(E) Rear yard setback. 30 feet.

(F) Side yard setback. 20 feet.

(G) Side yard setback corner lot. 30 feet.

(H) Residential district setback. 50 feet.

(I) Maximum impervious surface coverage. 75%.

(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.