The purpose of this section is to provide minimum standards and regulations for the establishment and use of permitted uses, accessory uses, interim uses, and conditional uses within the zoning districts for the City of East Bethel.

All of the following uses [in sections 3—38 of this section 10] must comply with the listed standards as well as the rules and regulations of federal, state, and county agencies. Additional standards may be required for specific applications.

A.

There shall be no more than one accessory apartment within a single-family dwelling unit.

B.

Access to the accessory apartment shall be from within the single-family dwelling.

C.

The structure in which an accessory apartment is located shall be owner occupied.

D.

No separate curb cut shall be permitted for the accessory apartment unit.

E.

Accessory apartments are exempt from living space standards and shall not be considered a dwelling unit for the purpose of density.

Accessory storage containers, as defined in Section 01. General Provisions of Administration, are permitted within the City of East Bethel on Rural Residential and Agricultural Zoned properties, are exempt from building permits, and subject to the requirements defined in Section 14 - Detached Accessory Structures. Boxcars, semi-trailers, roll-off containers, slide-off containers, railroad cars, piggyback containers are not a permitted use within the City of East Bethel.

(Ord. No. 2023-18, § 1, 9-25-23)

A.

Adult uses shall comply with the city's adult establishments ordinance.

B.

Adult uses shall be located at a minimum of 1,000 radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use is located to the property line of:

1)

Residentially zoned property;

2)

Licensed daycare facility;

3)

Public or private educational facility classified as a preschool, elementary, junior high, or senior high school;

4)

Public facilities;

5)

Another adult use;

6)

On-sale liquor establishment;

7)

Place of worship.

A.

The structure shall not be used for commercial or industrial activities.

B.

No additional curb cuts to a public street shall be permitted.

C.

The side and rear yard setbacks shall be equal to the height of the structure or the district standards, whichever is greater.

A.

Bed and breakfast inns shall be located no closer than 1,000 feet from each other.

B.

It is intended that bed and breakfast facilities be a converted or a renovated single-family residence and that this principal function be maintained. Maximum guest occupancy is ten individuals. No structure shall be constructed for the sole purpose of being utilized as a bed and breakfast facility; an existing structure enlarged or expanded for the purpose of providing additional rooms for guests must be specifically approved by the CUP. The exterior appearance of the structure shall not be altered from its single-family character.

C.

Primary entrance to the guest rooms shall be from within the dwelling unit.

D.

Guests are limited to a length of stay of no more than 30 consecutive days.

E.

No food preparation or cooking shall be conducted within any of the guest rooms. The only meal to be provided to guests shall be morning breakfast, and it shall only be served to ten guests taking lodging in the facility.

F.

Activities including luncheons, banquets, parties, weddings, meetings, charitable fund raising, commercial or advertising activities, or other gatherings for direct or indirect compensation, are prohibited at a bed and breakfast facility.

G.

On-site parking, sufficient to handle all guest and owner vehicles, shall be provided.

Subject to applicable standards for motor vehicle repair, major, as specified in Section 01. General Provisions of Administration.

A.

The minimum area of a cemetery shall be five acres unless associated with a place of worship.

B.

The site proposed for a cemetery or cemetery expansion shall not interfere with the development of a system of collector or larger streets in the vicinity of such site.

C.

Burial plots, grave markers, monuments, and buildings operated in connection with a cemetery must meet the building setbacks and structure height requirements of the underlying zoning district.

D.

Graves and structures used for interment shall be setback 50 feet from wells.

E.

Cemeteries are prohibited in 100-year flood plain zones.

A.

Agricultural composting shall comply with Anoka County composting licensing requirements.

B.

In residential districts, composting shall not be allowed within any front, side, or rear yard setbacks.

A.

The craft center structures must not be in a platted subdivision.

B.

The craft center must be located and have direct access from an arterial or collector roadway.

C.

Craft centers are allowed with an approved IUP.

D.

Single family homes may be converted, renovated, or enlarged in compliance with city code for the purpose of providing additional guest rooms after an IUP is obtained, and must be owner occupied.

E.

The exterior appearance of the structure shall not be altered from its single-family character, nor shall there be any detriment to the residential character of the neighborhood.

F.

Occupant load will be determined by building and/or fire department, not to exceed a guest occupancy of 20 persons.

G.

Primary guest room entrances shall be through an interior room of the center.

H.

Guests are limited to a length of stay of no more than seven consecutive nights.

I.

Food preparation and cooking in guest rooms is prohibited.

J.

On-site parking sufficient for all residents and participants shall be provided.

K.

Craft centers shall be landscaped and screened from abutting lots, as determined by city council.

L.

Craft centers require a yearly health and safety inspection by the fire/building departments.

A.

The proposed site shall have a minimum lot area as determined by the Minnesota Department of Human Services and as required by the district in which it is located. The city council may increase the required lot area in those cases where such an increase is considered necessary to ensure compatibility of activities and to maintain public health and safety.

B.

Required off-street parking shall be located separately from any outdoor play area.

C.

Adequate short-term parking or drop-off areas, accommodating at least three vehicles, shall be provided within close proximity to the main entrance. Such parking or drop-off areas shall not conflict with off-street parking access or pedestrian movement.

D.

Outdoor play areas must be adequately enclosed to prevent children from leaving the premises unattended and shall not be located within a required front yard area.

E.

Residential day care facilities are exempt from the above standards.

A.

Stacking space and its access must be designed to control traffic in a manner that does not encroach on pedestrian spaces, parking space, or traffic.

B.

Facilities shall be planned so that traffic patterns to and from the site will not interfere with through traffic and broader circulation patterns.

C.

All structures, roof, and canopies shall be of the same design and materials as the principal structure.

A.

The site design must accommodate adequate turning radius and vertical clearance for vehicles. Designated loading areas must be exclusive of off-street parking stalls and drive aisles and shall not cause conflicts with customer vehicles and pedestrian movement.

B.

Appropriate provisions must be made to protect pedestrian areas from encroachments by parked or moving vehicles. In front of the principal structure, a minimum five-foot wide sidewalk shall be provided.

C.

A continuous and permanent concrete curb, not less than six inches above grade shall separate internal sidewalks from motor vehicle areas.

D.

Drive-through windows are permitted subject to the following standards:

1)

Adequate automobile stacking must be provided for the service window to minimize conflict with traffic flow and required parking.

2)

The stacking lane and its access must be designed to control traffic in a manner to protect pedestrians, buildings, and green area on the site.

3)

No part of the public street or boulevard may be used for stacking of vehicles.

E.

The stacking lane, order board intercom, and service window shall be designed and located to minimize automobile and communication noises, emissions, and headlight glare upon adjacent properties, particularly residential premises, and to maximize maneuverability of vehicles on the site.

A.

Access requirements.

1)

Properties in the R1, R2, and CL districts are allowed one access point from a public street.

2)

Properties in the RR and A districts are allowed two access points from a public street; however, properties located on municipal state aid streets, major thoroughfares, and major streets are allowed one access point from a public street.

B.

Surface and drainage.

1)

Off-street parking areas and driveways in the R-1, R-2, CL, B-1, B-2, B-3, I, MXU and conditional uses in the RR districts shall be constructed of a bituminous or concrete surface.

2)

Driveways located on an improved street, in a platted subdivision, require a bituminous or concrete driveway extending from the street a minimum of 75 feet or to the garage apron, whichever is less. Driveway width shall be a minimum of 12 feet wide and cannot exceed 24 feet in width at the right-of-way. A turn-around, located entirely on a residential lot, will be required for driveways that directly access a street with a posted speed limit greater than 45 miles per hour.

3)

Driveway access to properties located in non-plated RR zoning districts shall be improved through the public right-of-way to the property line. Other jurisdictional requirements may be required in addition to city driveway access standards.

4)

Where permitted, second driveways shall be constructed and improved to current standards at the time of construction.

5)

Driveways must meet a minimum setback of five feet from abutting lots.

6)

Parking spaces for heavy equipment that would damage bituminous or concrete surfaces are exempt from the paving requirement.

7)

In all residential districts, driveways created on an unimproved street after the adoption of [ordinance 28, second series, adopted Dec. 21, 2010] are required to meet the paving requirements of this section no later than one year after subsequent improvements of the street are completed, with either a bituminous and/or concrete surface.

8)

All new driveways over 150 feet must conform with the fire apparatus access road standards as adopted in City Code section 30-39 and set forth in the Minnesota State Fire Code as amended from time to time.

(Ord. No. 2020-03, 3-9-2020; Ord. No. 2021-06, 10-11-2021; Ord. No. 2024-03, § 1, 7-8-24)

A.

Notwithstanding the prohibition against two or more uses on an individual parcel, the lot area for essential service-utility substation can be acquired by lease; provided, however, that the lot shall be large enough so all structures/facilities comply with the required setbacks for the zoning district.

B.

The approved lot, when no longer needed or used by the utility, shall be returned to its original state. The city may require a bond to ensure compliance with this standard.

C.

The site shall be landscaped to screen the facility from view from property lines and road(s).

A.

Accessory uses. Accessory uses to a golf course are limited to a driving range, putting greens, a pro shop, a club house, locker rooms, restaurant and bar, maintenance buildings, and parking facilities.

B.

Screening and/or landscaping shall be installed as regulated by the city.

C.

Environmental worksheet. An environmental assessment worksheet may be required for the development of a golf course facility. Costs associated with the preparation of the environmental assessment worksheet shall be born by the applicant.

D.

Minimum lot area of 35 acres is required for the golf course. The parcel shall be a separate parcel of record.

E.

Golf courses and driving range hours shall be 7:00 a.m. to dusk. This does not include restaurant/pro-shop area.

F.

No lighting except security lighting is permitted.

G.

The site shall be large enough so that safety netting is kept to a minimum to keep golf balls on the property.

H.

A maximum of 25 tees are permitted for the driving range.

I.

A public address system is prohibited.

J.

Sanitary facilities shall be provided in accordance with the Minnesota State Building Code.

K.

The facility shall be an open-air type facility. A domed or any other type of covered facility is prohibited.

L.

Flags shall be used for markers.

M.

Maintenance-related equipment shall be kept within an enclosed structure.

N.

Facilities shall be located on a collector or arterial roadway as defined in the comprehensive plan.

O.

The minimum building setback shall be 50 feet from all property lines, except for accessory structures less than 120 square feet in area for which a 25-foot setback is required.

P.

A site plan shall be approved by city council in accordance to [with] Section 04. Application[s] and Procedures.

Outdoor display of landscape plantings, materials, and lawn and garden supplies are subject to the following:

A.

Landscape materials and lawn and garden supplies are required to be located within an outdoor display confinement area, as specified in outdoor display of this section (Section 01. General Provisions of Administration).

B.

Outdoor display and storage of landscape plantings, materials and supplies, and lawn and garden supplies associated with retail nurseries and/or lawn and garden supply stores, and not located within an outdoor display confinement area, may be permitted on a permanent basis with a conditional use permit obtained pursuant to the provisions of Section 4. Applications and Procedure[s].

The purpose of this section is to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential and mixed-use neighborhoods without jeopardizing the health, safety, general welfare and characteristic of the surrounding residential properties. Each home occupation shall comply with the applicable standards so as to ensure that no adverse impact accrue to neighboring properties or infringe upon the rights of adjoining property owners. In addition, it is the purpose of this section to provide a mechanism enabling the distinction between administrative, interim use and limited interim use home occupations; so permitted home occupations may be allowed through an administrative review process rather than a public hearing process as required for interim and limited interim home occupations.

A.

Administrative home occupations.

1.

Requirements for an administrative home occupation permit:

a.

No persons other than residents of the principal dwelling shall be engaged in the home occupation.

b.

No traffic shall be generated by any home occupation in a significantly greater volume than would normally be expected from a single-family residence.

c.

Any sign associated with the home occupation shall be in compliance with the East Bethel Sign Ordinance.

d.

The home occupation shall not generate hazardous waste unless a plan for off-site disposal of the waste is approved.

e.

A home occupation at a dwelling with an on-site sewage treatment system shall only generate normal domestic household waste unless a plan for off-site disposal of the waste is approved.

f.

The home occupation shall not constitute, create, or increase a nuisance to the criteria and standards established in this ordinance.

g.

There shall be no outdoor display or storage of goods, equipment, or materials for the home occupation.

h.

Parking needs generated by the home occupation shall be provided on-site.

i.

The area set aside for the home occupation in the principal structure shall not exceed 50 percent of the gross living area of the principal structure.

j.

No structural alterations or enlargements shall be made for the sole purpose of conducting the home occupation.

k.

There shall be no detriments to the residential character of the neighborhood due to the emission of noise, odor, smoke, dust, gas, heat, glare, vibration, electrical interference, traffic congestion, or any other nuisance resulting from the home occupation.

l.

The area set aside for the home occupation in the attached or detached accessory structures shall not exceed total accessory structure space. A minimum of 400 square feet of space shall be maintained as a residential garage.

2.

An application for an administrative home occupation permit shall be made in writing on forms provided by the zoning administrator. There shall be a fee charged as established on the adopted fee schedule for an administrative home occupation permit. Such permits shall be issued by the zoning administrator based on proof of compliance with the provisions of this section and all other applicable zoning requirements.

3.

If the zoning administrator denies an administrative home occupation permit, the applicant may appeal such decision pursuant to Chapter 2, Article X—Administrative Appeal of this Ordinance.

4.

An administrative home occupation permit shall remain in effect until such a time as there has been a change in the conditions associated with the home occupation or until such a time as the provisions of this section have been breached by the permit holder. At any such time the city has reason to believe that either event has taken place, a public hearing shall be held before the planning commission. The city council shall make the final decision as to whether or not the permit holder is in violation of the provisions of this subdivision and entitled to maintain the permit. Administrative home occupation permits are non-transferable, and shall not run with the land. Permits are not transferable from person to person, nor from address to address.

B.

Interim use home occupations and limited interim use home occupations.

1.

Requirements for an interim use home occupation permit:

a.

No more than three persons, at least one of whom shall reside within the principal dwelling, shall work at the home occupation site.

b.

No traffic shall be generated by any home occupation in a significantly greater volume than would normally be expected from a single-family residence.

c.

Any sign associated with the home occupation shall be in compliance with the East Bethel Sign Ordinance.

d.

The home occupation shall not generate hazardous waste unless a plan for off-site disposal of the waste is approved.

e.

A home occupation at a dwelling with an on-site sewage treatment system shall only generate normal domestic household waste unless a plan for off-site disposal of the waste is approved.

f.

The home occupation shall not constitute, create, or increase a nuisance to the criteria and standards established in this section.

g.

There shall be no outdoor display or storage of goods, equipment, or materials for the home occupation.

h.

Parking needs generated by the home occupation shall be provided on-site.

i.

The area set aside for the home occupation in the principal structure shall not exceed 50 percent of the gross living area of the principal structure.

j.

No structural alterations or enlargements shall be made for the sole purpose of conducting the home occupation.

k.

There shall be no detriments to the residential character of the neighborhood due to the emission of noise, odor, smoke, dust, gas, heat, glare, vibration, electrical interference, traffic congestion, or any other nuisance resulting from the home occupation.

l.

The area set aside for the home occupation in the attached or detached accessory structures shall not exceed total accessory structure space. A minimum of 400 square feet of space shall be maintained as a residential garage.

m.

Allowable hours of operation shall be determined by city council, if no hours of operation are articulated in the final interim use permit, the hours shall be limited to 7:00 a.m.—8:00 p.m.

n.

Interim use permits shall be granted for a term of three years unless expressly granted for another time period by the city council in the conditions of the interim use permit.

2.

Limited interim use home occupation permits.

a.

Limited interim use home occupation permits shall not be permitted for home occupations that do not meet a minimum of ten of the 13 requirements listed for interim use home occupation permits.

b.

Limited interim use home occupation permits shall not be renewable, and shall be granted for a term of no more than three years unless expressly granted for another time period by city council in the conditions of the interim use permit.

c.

There shall be no outdoor display or storage of goods, equipment, or materials for the home occupation.

3.

Any home occupation that does not meet the specific requirements for an administrative home occupation permit as defined in this ordinance shall require an interim use permit as defined in Appendix A, section 4-9—Conditional and Interim Uses of this section. Interim use home occupation permits or limited interim use home occupation permits shall be applied for and reviewed in accordance with the provisions as established in Appendix A, section 4-9, B. Application.

4.

Declaration of conditions. The planning commission and city council may impose additional conditions on interim use home occupation permits and limited interim use home occupation permits as they deem necessary to protect the health, safety, general welfare and character of the residential neighborhood in which the property is located.

a.

Any home occupation requiring federal oversight is obligated to apply for the interim use, or limited interim use permit so a public hearing is held to ensure that any additional requirements as established by the City of East Bethel may be added to the permit as deemed necessary by the planning commission or city council.

(Ord. No. 49, Second Series, 4-2-2014; Ord. No. 19, Fourth Series, 6-10-2019)

A.

An interim use permit is required and is limited to no more than two years in duration, upon initiation or renewal.

(1)

At least 95 percent of all sales shall be initiated and secured through internet communication between buyer and seller.

(2)

Exterior storage area for vehicles and/or motorcycles is limited to 4,000 square feet and shall not interfere with access to required parking spaces. Exterior storage is limited to no more than 20 vehicles and/or motorcycles for a maximum of 45 days.

(3)

Exterior storage of inoperable vehicles and/or motorcycles, equipment, parts, or materials used in the conduct of the business is prohibited.

(4)

Minor vehicle and motorcycle maintenance is permitted as an accessory use as to vehicles and/or motorcycles awaiting sale and delivery only, within a structure. All vehicles awaiting maintenance must be stored inside the principal structure. Body work is prohibited.

(5)

Vehicle and/or motorcycle storage area shall be surfaced with concrete or bituminous and shall meet required parking setbacks. Vehicles and/or motorcycles must not be stored in the right-of-way.

(6)

All necessary state and city licenses shall be obtained prior to operation and displayed for public view during business hours.

(7)

Business owner must submit records of sales type as requested by city staff within 14 days of request.

(8)

All signs associated with the use shall be in compliance with the East Bethel Sign Ordinance.

A.

No vehicles shall be parked on the premises other than those used by employees and customers awaiting service. Storage of salvage vehicles shall be prohibited.

B.

The exterior storage area for vehicles awaiting service must be fenced and screened from the public right-of-way and neighboring properties.

C.

All structures and ground shall be maintained in an orderly, clean, and safe manner.

A.

All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall comply with the Minnesota Pollution Control Agency in the control of emission of fumes, dust, or other particulate matter in compliance with Minnesota Pollution Control Standards.

B.

All flammable materials, including liquids and rags, shall conform to the applicable provisions of the Minnesota Uniform Fire Code.

C.

Outside storage of equipment, parts, or materials used in the conduct of the business is prohibited. The storage of damaged vehicles waiting for repair must be completely inside a building or within an area screened from view of all adjacent properties and the public right-of-way, in accordance with the provisions of Section 23. Screening Regulations.

D.

Outdoor display of used vehicles for sale is not permitted.

A.

All flammable materials, including liquids and rags, shall conform to the applicable provisions of the Minnesota Uniform Fire Code.

B.

Outside storage of equipment, parts, or materials used in the conduct of the business is prohibited. The storage of damaged vehicles waiting for repair must be completely inside a building, or within an area screened from view of all adjacent properties and the public right-of-way, in accordance with the provisions of Section 23. Screening Regulations.

C.

Outdoor display of used vehicles for sale is not permitted.

A.

The sales area shall not take up, or interfere with access to, any required parking spaces.

B.

Accessory repair shall be subject to the provisions established elsewhere in this section for such use.

C.

The sales area shall be surfaced with concrete or bituminous, include perimeter curbing, and shall meet required parking setbacks for the district in which the use is located. Sales must not occur in the right-of-way.

D.

Used sales shall only be allowed when an integral part of a new automobile vehicle dealership or if such vehicles are located completely inside a principal or accessory building.

E.

All necessary state licenses shall be obtained.

F.

Outside storage of parts, materials, and equipment shall not be permitted.

G.

A city license shall be obtained. The license shall be issued for a period of one year. The city council shall, by resolution, establish a fee for an annual motor vehicle and recreational vehicle sales license.

A.

A minimum lot width of 150 feet is required.

B.

The setback of all buildings, canopies, and pump islands shall be in compliance with the standards of the zoning district in which the use is located.

C.

A system for collection of hazardous materials must be installed.

D.

The entire site, other than that devoted to structures, stormwater collection ponds, and landscape areas, shall be a bituminous or concrete surface and maintained for control of dust, erosion, and drainage.

E.

Interior concrete curbs shall be constructed within the property to separate driving and parking surfaces from landscaped areas.

F.

No vehicles shall be parked on the premises other than those used by employees and customers awaiting service. Storage of salvage vehicles shall be prohibited.

G.

Exterior storage shall be limited to vehicles and service equipment, and items offered for sale on pump islands.

H.

The exterior storage area must be fenced and screened from view.

I.

Fuel pumps shall be installed on pump islands. Adequate space shall be provided to access fuel pumps and allow maneuverability around the pumps.

J.

Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations that do not conflict with circulation, access, and other activities on the site.

K.

A protective canopy structure may be located over the pump islands as an accessory structure, subject to the following standards:

1)

The edge of the canopy shall maintain setbacks as required for the principal building.

2)

The canopy shall not exceed 18 feet in height and must provide at least 14 feet of clearance to accommodate a semi-trailer passing underneath.

3)

The canopy fascia shall not exceed three feet in vertical height.

4)

Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the bottom face of the canopy. Total canopy illumination shall not exceed 115 footcandles below the canopy at ground level. The fascia of the canopy shall not be illuminated.

5)

The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site.

6)

Signage may be allowed on a detached canopy; however, such language will apply towards the allowable sign area for the principal building.

7)

Canopy posts/sign posts shall not obstruct traffic or the safe operation of the gas pumps.

L.

Pump islands must be elevated six inches above the traveled surface of the site and must be set back at least 30 feet from any property line. Additionally, the setback between pump islands must be at least 24 feet, measured curb face to curb face.

M.

Playing of music or advertisement from the public address system shall not be audible from any property line.

N.

No outside storage, display, or services shall be allowed except as follows:

1.

Propane sales limited to 20 pound capacity tanks may be located outside provided the tanks are secured in a locker and the use meets all state uniform building and fire codes.

2.

Sale or display of goods shall be allowed on the sidewalk immediately in front of the principal building, provided that a minimum four foot clearance is maintained for pedestrian access and that the display does not exceed four feet in height and is maintained in an orderly fashion. Display shall not block the handicap accessible route.

3.

Sale or display of goods shall be allowed in an area underneath the canopy adjacent to the pump island provided that the display does not exceed four feet in height and is maintained in an orderly and safe fashion and in accordance with applicable state fire code regulations.

O.

Reserved.

(Ord. No. 2021-06, 10-11-2021)

A.

The site shall be designed to provide additional parking or car stacking space to accommodate that number of vehicles that can be washed during a 15-minute period.

B.

The city may impose additional requirements with regard to drip/dry time to help reduce the negative icing impacts during the winter months.

C.

The site shall be designed to provide additional parking or car stacking space to accommodate that number of vehicles that can be washed during a 15-minute period.

D.

Stacking spaces shall not interfere with on-site circulation patterns or required on-site parking and loading areas.

E.

Parking and stacking spaces shall be screened from view of abutting residential districts in compliance with the provisions of Section 23. Screening Regulations.

F.

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. The wash doors must remain closed during the entire wash and dry operation cycle.

G.

The location and operation of vacuum machines must not interfere with stacking areas, on-site circulation, or on-site parking and loading areas, and may not be located in a yard abutting residentially zoned property.

H.

Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be pre-treated and discharged into the storm sewer, the pre-treatment plans shall be subject to review and approval by the city engineer and building official, and subject to applicable requirements of Metropolitan Council Environmental Services and Minnesota Pollution Control Agency.

I.

Car washes are permitted as a conditional use in all business and industrial zoning districts.

Outdoor dining shall be allowed accessory to a permitted restaurant, coffee shop, or other eating and drinking facility subject to the following:

A.

The outdoor dining area must be a well-defined space, designed and serviced to keep debris from blowing off of the premises.

B.

Design of the outdoor dining area shall be compatible with the main structure to which the facility is an accessory use.

C.

Outdoor dining establishments serving alcoholic beverages shall be enclosed with a minimum three to six-foot fence. Height of fence will be determined at the time of site plan review and will be based on adjacent/abutting zoning districts and site design. Outdoor dining areas not serving alcoholic beverages shall be enclosed with a minimum of a three-foot barrier such as fencing and/or landscape hedges; however, all outdoor dining areas adjacent to or abutting a residential district must be enclosed with a six-foot fence to provide screening from neighboring properties.

D.

Customers must gain entrance to the outdoor area from within the main facility, however, at least one outside fire exit must be provided.

E.

Temporary seating on a sidewalk adjacent to the building shall be allowed subject to the following:

1)

The seating, including benches and chairs shall be limited to no more than ten seats.

2)

Serving of food and beverages in the temporary seating area is prohibited.

3)

The business owner shall be responsible to ensure that the area is properly maintained and litter-free.

4)

The seating area shall not block access to the building entrance or required exits. A minimum four-foot passageway shall be maintained along the sidewalk for pedestrians.

Outdoor display of items for sale or rent is allowed as a permitted accessory use in designated zoning districts provided that:

A.

Outdoor display related to a greenhouse or nursery and to the sale of automobiles, recreational vehicles, boats, and similar items shall be subject to those standards identified elsewhere in this section specific to such use.

B.

Outside services, sales, and equipment rental connected with the principal use is limited to 30 percent of the gross floor area of the principal use.

C.

Outside display may be allowed in the following locations:

1)

On the sidewalk immediately in front of the principal building provided that a minimum four-foot clearance is maintained for pedestrian access.

2)

At the pump island of an automobile convenience facility as specified in this section (Section 01. General Provisions of Administration).

3)

Within an enclosure constructed of materials compatible to the building's architecture such as decorative fencing or a building wall provided that:

a)

The display area shall be surfaced with concrete or an approved equivalent to control dust and shall meet all applicable building setbacks.

b)

The sales and display area shall not take up or interfere with access to any required parking spaces as established in Section 22. Off-street Parking and Loading Regulations [Requirements].

c)

The display area shall be clearly identified on the approved site plan for the project, either within the side or rear yard, subject to the same setbacks as required for the building.

d)

Display merchandise shall be maintained in a neat and orderly fashion.

e)

The square footage of outdoor display areas shall be included in calculation of required off-street parking for the use.

A.

Seasonal expansion of a permitted restaurant, delicatessen, or lunch shop.

1)

The dining area shall be separated from the public walkway area by decorative bollards, planters, or fencing.

2)

Public sidewalk space between the defined dining area and the curb shall not be less than six feet.

3)

Landscaping shall be either in planters or pots that are removable in the off-season.

4)

Design of the dining area shall be compatible with the main structure to which the facility is an accessory use.

5)

There shall not be less than 15 square feet per seat in the outdoor dining area.

B.

Sites of an outdoor sidewalk cafe shall be maintained in an orderly, clean, and sanitary manner, and be free of debris at all times.

1)

Trash containers and staffing shall be available at all times to facilitate this condition.

2)

Litter shall be picked up on a daily basis.

3)

Maintenance of all private facilities on public property shall be the owner's responsibility.

C.

Owners of sidewalk cafes shall hold the city harmless from all liability associated with the operation and maintenance of the outdoor cafe.

A.

The minimum lot area required is one acre.

B.

All accessory residential or school uses upon the premises shall be subject to all requirements of this ordinance. A planned unit development is required when the use requires more than one building structure meeting the requirements of the underlying zoning district.

(Ord. No. 2021-06, 10-11-2021)

A.

The minimum lot area shall be ten acres.

B.

The majority of product sold on the property shall be grown or raised on the property.

C.

The exterior storage of landscape equipment and storage areas shall be screened from the public right-of-way and adjacent properties.

D.

Commercial plant nurseries shall meet the requirements of the zoning district in which they are located.

A.

A minimum lot area of two acres shall be provided.

B.

All structures (including backstops, goal posts, etc.) shall meet the required setbacks for the district in which it is located.

C.

There shall be no overnight accommodations provided for the guests or visitors of the recreation area.

D.

Food service may be permitted on the property provided it only serves food and refreshments to guests and visitors of the facility.

E.

Information shall be provided regarding the recreational activities provided, number of members and participants in the recreation programs, sanitary facilities and waste disposal, security, lighting, and hours of operation.

F.

Screening may be required to buffer the use from adjacent residential land use.

A.

The structure shall not be used for commercial or industrial activities.

B.

No additional curb cuts to a public street shall be permitted in the R-1, R-2, and CL districts.

(Ord. No. 2021-06, 10-11-2021)

A.

A residential facility serving one to ten individuals and appropriate staff shall be allowed in all residential and agricultural districts.

B.

A licensed residential care facility serving seven or more individuals requires a conditional use permit.

C.

All appropriate licenses must be obtained from state and county agencies.

D.

No residential facility shall provide accommodations to persons whose tenancy would constitute a direct threat to the health and safety of other individuals. The facility cannot accept court ordered referrals for treatment in lieu of incarceration.

E.

Off-street parking standards of Section 22. Off-Street Parking And Loading Requirements must be met.

F.

Adequate utilities including sewage disposal must be available.

G.

All building and fire codes must be met.

(Ord. No. 48, Fifth Series, 6-6-2018; Ord. No. 2021-06, 10-11-2021)

A.

The minimum lot area required for schools is one acre.

A.

Units are to be used for dead storage only. Units are not to be used for retailing, auto repair, human habitation, or any commercial activity. Storage of any flammable or hazardous material is prohibited.

B.

One off-street parking space is required for each 25 storage units. Interior drives must be wide enough to accommodate a parked car and traffic that must pass.

C.

No outside storage is allowed.

D.

An on-site manager may be allowed provided adequate sanitary facilities are provided.

E.

The facility shall be secured by either the walls of the structure and/or fencing. All doors on the units shall face inward and away from the street.

F.

Only one entrance and exit to the facility is allowed except for an additional emergency exit.

A.

A building permit is required for swimming pools exceeding a depth of 24 inches and exceeding a capacity of 5,000 gallons.

B.

Swimming pools may be required to be enclosed by a fence as regulated in Section 25, Fence Regulations of this Code.

C.

All swimming pools and their accessories must be located a minimum of ten feet from all side and rear property lines abutting other lots, and may not extend into the minimum front yard setback.

D.

The noise generated by equipment when operating must satisfy the requirements of Section 34, Environmental Regulations.

All communication towers are subject to the provisions established for such use in Section 17 [16]. Telecommunications Facilities.

A.

Temporary/seasonal sales shall require approval of a certificate of compliance and a license from the city (if applicable) to operate. No license shall be required for any person to sell or take orders for any product grown, produced, cultivated, or raised on any farm. The certificate of compliance for license-exempt operations shall not exceed 75 days.

B.

Approval of the local fire marshal is required.

C.

Sales area may operate between the hours of 7:00 a.m. and 9:00 p.m.

D.

A site plan shall be provided illustrating that the location of the temporary-seasonal sales facility meets all required parking lot setbacks, unless otherwise determine by the city.

E.

A temporary/seasonal sales area must be located in a commercial district. It may not be placed in the public right-of-way, nor shall it impair traffic visibility.

F.

Structures for temporary/seasonal sales must be removed at the expiration of the certificate of compliance.

G.

Must be placed on a bituminous or concrete surface.

H.

Parking shall be available to those purchasing goods from the temporary/seasonal sales area.

I.

Temporary/seasonal sales facilities may not be permanently connected to permanent facilities including electric, gas, sewer, water, and telephone.

J.

One temporary banner not exceeding 75 square feet may be used in conjunction with the temporary/seasonal sales operation and will be considered special event signage for the principal use and/or property owner hosting the temporary/seasonal sales area.

K.

Trash containers shall be provided on site for debris.

L.

All waste from the operation shall be properly disposed of.

M.

Temporary/seasonal sales may occur 150 days during a calendar year on an established business property.

N.

Copies of all applicable permits from the state and county shall be provided to the city.

O.

The owner of the property on which the sales facility is placed shall not be in violation of any code or ordinance or have unpaid taxes or utility bills.

P.

The city reserves the right under this chapter to shut down a temporary/seasonal sales operation even after the granting of approval if the operation is posing safety concerns, has become a nuisance, or has violated any requirement of this section.

Q.

Area shall occupy no more than ten percent of parking spaces. Parking lot must be a minimum of 1,000 square feet in which the temporary sales stand is located.

A.

The facility shall be used for office purposes and storing and transferring of goods to and from vehicles only. On-site maintenance of vehicles and fueling of vehicles is prohibited.

B.

All outside storage of vehicles/trailers shall be screened from view from the public right-of-way and adjacent properties by berms, trees, fencing, or a combination thereof.

C.

All structures and outside storage of vehicles/trailers shall meet required setbacks.

A.

Shall be required for all commercial and multi-family uses.

B.

Shall be no larger than 400 square feet unless approved by the city.

C.

Shall be built to maintain the color and style of the principal buildings.

D.

Shall meet the required setbacks of the underlying zoning district.

E.

The structure shall not contain any vehicle storage unless approved by the city.

(Ord. No. 19, Second Series, 5-5-2010; Ord. No. 27, Second Series, 11-3-2010; Ord. No. 28, Second Series, 12-1-2010; Ord. No. 36, Second Series, 4-4-2012)