Specific development standards are established to provide supplemental regulations to address the unique characteristics of certain land uses.

(Ord. No. 99-20, § 1, 11-23-99)

The standards in this chapter apply to the uses listed below whether the uses are permitted by right or by conditional use in the applicable zoning district. The standards identified within this chapter shall apply in addition to all other applicable regulations of this ordinance.

(Ord. No. 99-20, § 1, 11-23-99)

Adaptive reuses of institutional or public buildings.

(1)

The city council shall find before granting a conditional use permit for an adaptive reuse that the long-term benefits of the proposed adaptive reuse outweigh any negative impacts on the neighborhood of the proposed project and on the city, as compared with the alternative of having the structures demolished, remaining vacant, or underutilized.

(2)

The proposed adaptive reuse must be residential, commercial, institutional, or a combination of such uses.

(3)

Densities greater than would be allowed in the underlying zoning district may be approved, at the discretion of the city council.

(4)

The proposed adaptive reuse shall not cause traffic volumes to exceed the capacities for which the adjacent streets have been designed.

(5)

The proposed adaptive reuse must not generate daily semi-truck traffic on local residential streets.

(6)

Improvements to reduce the impact of driveways/access points on the traffic flow of adjacent streets have been identified where needed.

(7)

The proposed reuse includes adequate amounts of on-site parking and loading areas to meet the requirements of Section 8-200 of this Code; where required parking cannot be provided on-site, reasonable provision for off-site parking shall be required.

(8)

Screening must be provided to sufficiently protect the privacy of residents in the surrounding residential areas from the impact of off-street parking, loading, and driving areas, noise or glare exceeding permissible standards, potential safety hazards, or to subdue differences in architecture and bulk between adjacent land uses.

(9)

There shall be no exterior storage of goods or equipment except for properly screened trash containers.

(10)

Hours of operation shall be as identified by the applicant in the conditional use permit application and agreed to by the city council.

(11)

Exterior renovation or remodeling of the structure must endeavor to maintain existing architectural features so as to not alter the character of the neighborhood.

(12)

The requirements for institutional signage within a residential district shall be used in the evaluation of signage for the site. Consideration shall be given to reusing the existing, historical signage on the site and designing any additional signage to complement the existing residential district.

Adult entertainment use.

(1)

The use shall be located at least seven hundred fifty (750) radial feet (measured from the nearest corner of the property line) from any of the following:

(a)

Any residentially zoned property or residential use.

(b)

A licensed day care center.

(c)

A public or private educational facility classified as an elementary, junior high or middle school, or senior high.

(d)

A public library.

(e)

A public park, playground, or other public recreational facility.

(f)

A religious institution.

(g)

Another adult entertainment use.

(h)

An on-sale liquor, wine, or beer establishment.

(2)

No more than one adult entertainment use shall be located upon the property.

(3)

Signage shall be generic in nature, shall only identify the name of the business that is being conducted on the premises, and shall not contain material classified as advertising.

(4)

An adult entertainment use lawfully operating as a conforming use is not rendered nonconforming by the subsequent location of any use listed above within seven hundred fifty (750) feet, provided that if the adult entertainment use of the premises is abandoned for a period of ninety (90) days or more, it shall be deemed discontinued and subsequent use of the premises for adult entertainment will be required to meet the separation requirement.

Aggregate mining operation as an interim use. Any operation, including gravel storage areas, shall be located at least one thousand (1,000) feet from a residential district boundary or use; and shall meet the following submittal requirements and standards as part of an interim use permit application:

(1)

A site and vicinity plan that includes the following shall be provided:

(a)

A description of natural features, including wetlands, water bodies and major topographic features located on the property and within three hundred fifty (350) feet of the property.

(b)

A description of the proposal, including type and amount of material to be removed, overview of planned daily operations including equipment and vehicles; and discussion of how the proposed operations compare to land uses within one thousand (1,000) feet of the site.

(c)

A description of any potential environmental hazard due to existing or proposed land uses, including but not limited to, soil, water, air, noise, and light.

(d)

Grading plans showing land contours prior to excavation, at maximum excavation, and as proposed after completion of reclamation activities.

(e)

Stormwater management and erosion control plans.

(2)

An air quality plan, as approved by the Minnesota Pollution Control Agency, shall be submitted with the interim use permit application.

(3)

A dust management plan, as approved by the Minnesota Pollution Control Agency, shall be submitted with the interim use permit application. Access drives and roads within the property shall be sprayed with dust suppressants as recommended by the Minnesota Pollution Control Agency, as needed to control fugitive dust. The streets used for access into the site shall also be cleaned at appropriate intervals consistent with City Standards, or as otherwise determined through the interim use permit.

(4)

A sound attenuation plan describing sources of sound and indicating conformance with all applicable sound and noise regulations. The maximum noise level at the perimeter of the site shall comply with the limits or standards established by the Minnesota Pollution Control Agency and the U.S. Environmental Protection Agency.

(5)

A vibration-dampening plan describing sources of vibration and indicating conformance with all applicable vibration regulations.

(6)

A traffic plan describing the number of daily truck trips the proposal will generate and the principal access routes to the facility, including a description of the facility's traffic impact on the surrounding area. Traffic through local residential streets shall be prohibited unless specifically allowed through the interim use permit.

(7)

A site reclamation/rehabilitation plan shall be submitted which provides for the orderly and continuing rehabilitation of all disturbed land. Such plan shall illustrate the following:

(a)

Proposed contours of the site after completion of each stage of reclamation and proposed overall final site contours upon closing of the site. Final proposed contours shall relate to the planned future land use for the property as designated in the City's Land Use Map.

(b)

A revegetation plan showing the type, quantity and location of plantings for areas where revegetation is proposed or required.

(c)

Areas designated for storage of topsoil, overburden, mined materials or other materials to be stored or stockpiled on the site.

(d)

A schedule setting forth the timetable for excavation and reclamation of the site.

(e)

Criteria and standards that will be used to achieve final rehabilitation as well as intermittent slope stabilization.

(8)

All slopes shall be maintained in a safe manner, and shall not exceed two (2) feet vertical to one (1) foot horizontal. Slopes may be increased at the request of the proposer in conjunction with approval of the interim use permit, provided the proposer can demonstrate through engineering data that the slopes can and will be maintained in a safe manner and will not have adverse impact on adjacent land uses or property.

(9)

All operations shall be limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through Saturday. All other times of operation shall be prohibited. The Council, at its discretion, may restrict any or all operations on legal holidays.

(9)

Security fencing, (exclusive of barbed wire) shall be installed and maintained along the perimeter of the entire property in accordance with the standards set forth in section 6-250 of this ordinance.

(10)

No part of the reclaimed site that is designated by the City's Land Use Map for uses other than open space or agriculture shall be at an elevation lower than the minimum required for gravity connection to planned sanitary sewer and storm sewer.

(11)

Site reclamation shall begin after excavation of twenty-five (25) percent of the total area to be mined or four (4) acres, whichever is less. Excavation and reclamation shall occur on a phased basis.

(12)

Security in the form of a cash escrow, letter of credit, or performance bond shall be submitted to insure that reclamation improvements are completed in a timely manner, according to the approved phasing plan for the project. The dollar amount of such security shall be determined in conjunction with the interim use permit and shall be based on the reclamation phasing plan and the estimated costs associated with each phase of reclamation.

(13)

The interim use permit shall be valid for a period not to exceed two (2) years, or as otherwise provided in the approved interim use permit. Prior to expiration of the interim use permit, the property owner/operator may apply for renewal of an approved interim use permit according to the procedures as set forth in Chapter 2, Article 8 of this ordinance.

Agricultural produce sales.

(1)

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

(2)

No sales or display shall take place on any street right-of-way.

(3)

Any temporary structure placed on the property for such sales must be removed at the end of the selling season.

(4)

Any permanent structure shall not exceed four thousand (4,000) square feet in floor area.

(5)

If deemed necessary by the City Planner, off-street parking may be required. Any permanent structure shall be provided with a permanent parking area meeting the requirements of Chapter 8, Off-Street Parking and Loading.

(6)

All structures, including temporary structures, shall meet the minimum setback requirements of the zoning district in which the use is located.

Airport.

(1)

Effective buffering shall be provided to reduce ground and landing noise.

(2)

Adequate fencing, control, and protection shall be provided to prevent unauthorized access into landing field areas.

(3)

All landing fields and operating facilities shall be designed, operated, and maintained in compliance with federal and state laws and regulations.

(4)

Open storage is screened and landscaped from view of abutting residential districts or uses, in accordance with the standards identified in Chapter 4, Site Plan Review.

(5)

Accessory commercial uses may be permitted in compliance with the following:

(a)

The use is totally enclosed within a structure.

(b)

The use is intended to serve and support airport users and personnel, and will not attract customers from the general public or the community as a whole.

(c)

The use is located at least two hundred (200) feet from any abutting residential district boundary or residential use.

(d)

The addition of an accessory commercial use or change in an existing use shall require site plan approval.

(6)

If the airport use is terminated, all accessory commercial activities shall cease and further development shall conform to the "O" and "TUD" District regulations.

Ambulance facility.

(1)

Vehicle washing bays shall drain to the public sanitary sewer system.

(2)

Vehicle maintenance shall be conducted within a fully enclosed building.

(3)

There shall be no major vehicle repair or body work conducted on site.

(4)

Use of sirens with egress from the site shall be only as required by state statutes.

(5)

Maneuvering of ambulance or other commercial vehicles must be fully accommodated on site, and shall not interfere with vehicle parking.

(6)

Off-street parking shall be subject to the requirements of Section 8-200 of this Code.

(7)

Residential quarters for essential overnight personnel are allowed as a permitted accessory use.

Animal kennel, animal shelter.

(1)

All buildings occupied by animals and areas used for animal holding, feeding, or exercise shall be located at least one thousand (1,000) feet from any residential or commercial use or district.

(2)

A minimum lot area of two (2) acres shall be provided.

Auction establishment.

(1)

Commercial districts.

a.

An arterial or collector street of sufficient capacity to accommodate the traffic that the use will generate shall serve the site.

b.

The facility's appearance shall be designed to be compatible with surrounding land uses and is subject to city approval.

c.

Merchandise shall be limited to common household items. The sale of more than five (5) vehicles, large equipment or machinery (excluding common lawn care and snow removal implements), and other commercial or industrial merchandise shall be prohibited.

d.

All sales and storage of merchandise shall be completely within an enclosed building, except in the event of the limited sale of vehicles and/or common lawn care and snow removal equipment. Any vehicle or lawn care or snow removal equipment to be viewed and/or sold outside of the building shall be located in a designated area, which shall be hard surfaced, and which is not needed to meet the parking requirements for such use. No such merchandise shall be stored outside on the property for more than seventy-two (72) hours prior to the date of sale.

(2)

Industrial Districts.

a.

An arterial or collector street of sufficient capacity to accommodate the traffic that the use will generate shall serve the site.

b.

The facility's appearance shall be designed to be compatible with surrounding land uses and is subject to city approval.

Automobile convenience facility.

(1)

Fuel pumps shall be installed on pump islands.

(2)

No vehicular sales or service other than dispensing of motor fuel is permitted.

(3)

A car wash facility, either attached or detached from the principal structure, shall be permitted as an accessory use except in the C-1, Neighborhood Commercial District. Such use shall meet the standards identified for a car wash elsewhere in this chapter.

(4)

There shall be no exterior storage or sales of goods or equipment, except where specifically allowed elsewhere in this ordinance.

(5)

Only one such operation shall be permitted per C-1, Neighborhood Commercial District.

(6)

A minimum of two (2) access points for vehicular traffic shall be provided. The access points shall create a minimum of conflict with through traffic movement.

(7)

The facility's appearance shall be designed to be compatible with surrounding residential land uses, if any, and is subject to city approval.

(8)

Canopies covering pump islands shall be required to meet established building setbacks for the zoning district in which it is located.

(9)

Additional conditions may be established to control noise during the operation of the facility, including controls of hours of operation.

Automobile repair, major.

(1)

All vehicles awaiting repair or pickup shall be stored on the site within enclosed buildings or defined parking spaces in compliance with Chapter 8, Off-Street Parking and Loading.

(2)

All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automotive parts or storage of junk vehicles shall be prohibited, unless in compliance with the standards for vehicle storage. (see Vehicle storage).

(3)

All repairs shall be performed within a completely enclosed building.

(4)

Fuel pumps, if provided, shall be installed on pump islands.

(5)

Venting of odors, gas, and fumes shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to preclude the escape of gas vapors.

(6)

Additional conditions may be established to control noise during the operation of the facility, including controls of hours of operation.

Automobile repair, minor.

(1)

All vehicles awaiting repair or pickup shall be stored on the site within enclosed buildings or defined parking spaces in compliance with Chapter 8, Off-Street Parking and Loading.

(2)

All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automotive parts or storage of junk vehicles shall be prohibited, unless in compliance with the standards for vehicle storage. (see Vehicle storage).

(3)

All repairs shall be performed within a completely enclosed building.

(4)

Fuel pumps shall be installed on pump islands.

(5)

Venting of odors, gas, and fumes shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to preclude the escape of gas vapors.

(6)

Additional conditions may be established to control noise during the operation of the facility, including controls of hours of operation.

Automobile, recreational vehicle or other equipment sales and rental, including both new and used equipment.

(1)

When an outside sales area is adjacent to a residential district or residential use, a six-foot (6) foot fence shall be provided towards compliance with the provisions of Chapter 4, Site Plan Review.

(2)

Any structures used principally for sales or service shall be connected to municipal water and sewer.

Automobile rental. See Automobile sales.

Bars and liquor establishments. All regulations established in Chapter 4, City Code of Ordinances, regarding the sale of alcoholic beverages shall be met.

Bed and breakfast home.

(1)

The building is a certified state or national historic site, or is listed in the City of Faribault Inventory of Historic Sites for its historic or architectural significance.

(2)

The facility shall be owner occupied and managed.

(3)

No more than one (1) non-resident employee shall be employed in the operation.

(4)

The total number of guest rooms shall be limited to five (5) in the R-3 district and to eight (8) in the R-4 and CBD districts. All guest rooms shall be located within the principal structure.

(5)

Food service shall be limited to breakfast and separate kitchen or cooking facilities shall not be available for guests.

(6)

In residential districts, no other commercial enterprise, excluding home occupations conducted in compliance with the provisions established elsewhere in this ordinance, shall be permitted on the property.

(7)

Any restoration and/or additions to the structures shall be subject to review by the Historic Preservation Commission.

(8)

The facility shall meet all applicable housing, building, and fire codes and is licensed as required by the State of Minnesota.

(9)

Parking required for the use shall be in addition to that required for the principal residential use of the property.

Beekeeping.

(1)

A permit is required for the keeping of honey bees.

(a)

The applicant shall be the person who will be responsible for the bees. If the applicant shall keep bees on a property that he or she does not own, the property owner shall be required to sign the application.

(b)

For each property on which honey bees will be kept, the applicant shall complete an application, pay the required application fee, and provide a site plan or property survey showing the location of hives in relation to any neighboring residences, property lines, sidewalks, alleys, and rights-of-way and how the apiary or property will be visually screened from adjacent property and public areas.

(c)

The applicant shall provide the certificate of completion from a honey bee keeping course from the University of Minnesota, Century College, or Three Rivers Park District. Applicants requesting consideration of a comparable course from another institution or instructor shall provide documentation regarding such course.

(d)

All initial permits shall expire on December 31 of the following year after their issuance unless sooner revoked. Renewal permits shall expire on December 31 of the second year following their issuance unless sooner revoked. An application for a renewal permit shall be filed with the City by November 30 of the year the permit expires.

(e)

The City shall have the right to inspect any apiary at any reasonable time for the purpose of ensuring compliance with this ordinance.

(f)

Any and all permits of a beekeeper may be terminated or not renewed for violation of these regulations following notice to the permit holder and an opportunity for an appeal in accordance with the process outlined in Chapter 2, Article 4 of the Unified Development Regulations.

(g)

If, as a result of the hearing process, it is determined that the bees must be removed, the City shall give thirty (30) days for such removal. If the order for removal has not been complied with, the City may remove or destroy the bees and charge the beekeeper with the cost thereof. Removal or destruction of bees shall be in consultation with the University of Minnesota Bee Lab or similar organization. As a result of the order for removal, the beekeeper shall not be allowed to have a permit for beekeeping for a period of two (2) years on any property within the City.

(h)

A permit issued to a person whose premises is subject to private restrictions and/or covenants that prohibit the keeping of bees is void. The interpretation and enforcement of the private restrictions is the sole responsibility of the private parties involved.

(2)

Honey Bee colonies meeting the requirements of the UDC may be kept only on detached single-family residential property, licensed institutional properties (i.e. schools), or properties within the O or TUD districts. Each lot may not have more than the following number of colonies based on its area:

a.

Three-fourths (¾) acre or smaller lot .....4 colonies

b.

Larger than three-fourths (¾) acre lot but smaller than five (5) acre lot .....8 colonies

c.

Larger than five (5) acre lot .....no
restriction

(3)

If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall not be considered in violation the portion of this ordinance limiting the number of colonies if he temporarily houses the swarm on an apiary lot in compliance with the standards of practice set out in this ordinance for no more than thirty (30) days from the date acquired.

(4)

Honey bee colonies may be kept in langstroth, warre, or top-bar hives as long as the comb is removable for inspection. All hives shall be kept in a sound and useable condition. All hives shall clearly identify the permit holders name, contact information, and address on which the hive is kept.

(5)

No person shall establish or maintain any hive or keep any bees in the front yard of a property or within ten (10) feet of any property line, sidewalk, alley, other public right-of-way measured from the nearest point on the hive to the property line.

(6)

Each beekeeper shall ensure that a convenient source of water is available within ten (10) feet of each of the colonies so long as colonies remain active outside of the hive.

(7)

Each apiary shall be visually screened from adjacent properties and public right-of-way and if closer than twenty-five (25) feet from a lot line shall include a flyway of not less than five (5) feet in height as approved by the Planning Division Staff. This may be achieved through a combination of buildings, fencing, or vegetation. Additional screening may be required at the discretion of the Planning and Zoning Division based on the specific site characteristics.

(8)

Each beekeeper shall ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other insect-proof container.

(9)

For each colony permitted to be maintained under this ordinance, there may also be maintained upon the same apiary lot, one (1) nucleus colony in hive structure not to exceed one (1) standard 9⅝ inch depth 10-frame hive body with no supers.

(10)

Each beekeeper shall maintain his beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism, and occupancy by swarms. It shall not be a defense to this ordinance that a beekeeper's unused equipment attracted a swarm and that the beekeeper is not intentionally keeping bees.

Biodigester as an accessory use to a principal industrial use.

A biodigester may be permitted in an industrial zoning district as an accessory use to a principal industrial use as per the following conditions:

(1)

The biodigester shall be designed, constructed, and maintained in full compliance with all applicable federal, state, and local laws and regulations, including but not limited to building, safety, property maintenance, health, sanitation, fire, electrical, plumbing, mechanical, wastewater, stormwater, and all other applicable laws and regulations.

(2)

The biodigester shall not encroach into the minimum required setback of the principal building.

(3)

The feedstock serving the biodigester shall be from the principal industrial use. In the case of a planned unit development, the feedstock may be from other industrial uses in the planned unit development.

(4)

All feedstock, filtering chemicals, and digestate shall be delivered, stored, and processed on an impermeable surface with a sealed drainage system inside a fully enclosed building, sealed containers, or reactor vessels. Objectionable odors, bio aerosols, and microorganisms shall not be released into the ambient air. The building may be required to maintain negative air pressure if needed to control the release of objectionable odors.

(5)

Before issuance of City permits, the property owner shall submit to the Faribault Department of Community and Economic Development an operating plan, which includes strategies for mitigating odor. The operating plan shall be subject to future amendments as needed to implement measures that adequately address existing and future odor issues.

(6)

If the feedstock or other materials associated with the biodigester operation present health, safety, or welfare concerns, the City may then require that the storage and process tanks be enclosed with a proper berm to contain a potential spill.

(7)

Flaring of biogas shall be permitted in a location and manner approved by the City Fire Chief and in accordance with all applicable laws and regulations. To the maximum extent reasonable, the flaring of biogas shall be screened from adjacent properties and rights-of-way.

Brewery.

(1)

On property within or adjacent to any non-industrial zoning district, uses producing odorous matter in such quantities as to be readily detectable so as to cause annoyance or discomfort from any point along the property line are prohibited. The use must comply with the standards governing odor emissions as regulated by the law. An air quality plan approved by the Minnesota Pollution Control Agency may be required.

(2)

On property within or adjacent to any non-industrial zoning district, uses producing amplified sound in such quantities as to be readily detectable so as to cause annoyance or discomfort from any point along the property line are prohibited. The use must comply with the standards governing amplified sound as regulated by the law.

(3)

Outdoor storage may be allowed as an accessory use provided that the standards for such use, as identified in Chapter 7, Specific Development Standards, are met.

(4)

The city may permit an open air patio area as an accessory use to a brewery with a taproom provided it meet the standards identified for in Chapter 7, Specific Development Standards in "Outdoor eating, drinking, or smoking enclosure as an accessory use to a bar, restaurant, club, or other assembly use with liquor sales."

(5)

All litter found on the exterior of the property must be regularly removed and properly disposed. Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc. must be provided.

(6)

A parking plan for the site must be approved as part of the conditional use permit request. The parking plan must include designated pedestrian routes to ensure safe pedestrian travel while on the property, as well as food truck or food delivery vehicle parking if such accessory use is requested. Required parking and loading spaces shall be located on the same lot or development site as the use served. Required parking and loading spaces and the driveways providing access to them shall not be used for storage, display, sales, rental or repair of motor vehicles or other goods, or for the storage of inoperable vehicles or snow.

(7)

In cases where future potential uses of a building may generate additional parking demand, the city may require the parking plan for the site show how the anticipated parking demand will be met. The city may permit the additional land area that would be required for anticipated parking to be placed in reserve as landscaped open space until needed.

(8)

A traffic plan describing the number of daily truck trips the proposal will generate and the principal access routes to the facility, including a description of the facility's traffic impact on the surrounding area. Traffic through local residential streets shall be prohibited unless specifically allowed by the traffic plan. The parking plan must show semi-truck loading, unloading, temporary, and overnight parking.

(9)

Any retail sales of alcoholic beverages may only occur during the hours permitted by law and ordinance. No sales or display shall take place on any street right-of-way.

(10)

On property within or adjacent to any non-industrial zoning district, the maximum number of barrels of malt liquor brewed annually may not exceed twenty thousand (20,000).

Campgrounds.

(1)

An arterial or collector street of sufficient capacity to accommodate the traffic that the use will generate shall serve the site.

(2)

No more than five (5) percent of the area of the site is covered by buildings or structures.

(3)

All driveway areas serving the site shall be paved with concrete or bituminous surface. Parking spaces at individual campsites may consist of a crushed rock or gravel surface.

(4)

A minimum setback of one hundred (100) feet is provided between the use and any abutting residential use or district.

(5)

Plans for utilities and waste disposal shall require review and approval by the City Engineer.

Cannabis businesses.

(1)

All cannabis businesses must not be located within two hundred fifty (250) feet, measured lot line to lot line, of any school, except if the licensed establishment is located within the Central Business District zoning district.

Car wash.

(1)

Stacking shall be provided in accordance with Section 8-270, with such area designed to facilitate adequate on-site circulation.

(2)

Water from the car wash shall not drain across any sidewalk or into a public right-of-way, subject to the approval of the city engineer.

(3)

Vacuum and drying facilities shall be located in an enclosed structure or located away from any residential use to minimize the impact of noise.

Child care center, preschool, or early childhood learning center, in commercial districts.

(1)

A fence at least five (5) feet in height shall surround all play areas. Such play areas shall not be permitted between the principal structure and a public or private street.

(2)

All necessary permits and/or licenses shall be obtained from the Minnesota Department of Public Welfare and any other applicable state agency.

(3)

When a child care facility is proposed in a church or school building originally constructed for use as a church or school, the use shall be treated as a permitted accessory use.

Child care center, preschool, or early childhood learning center, in residential districts.

(1)

A fence at least five (5) feet in height shall surround all play areas. Such play areas shall not be permitted between the principal structure and a public or private street.

(2)

Building setbacks shall be a minimum of twenty-five (25) feet.

(3)

The city may require a minimum lot size of ten thousand (10,000) square feet in areas where a concentration of childcare providers already exists.

(4)

The city may prohibit a child care facility to be located within one thousand three hundred twenty (1,320) feet of an existing child care facility, a residential care facility, or a correctional residential care facility.

(5)

All necessary permits and/or licenses shall be obtained from the Department of Public Welfare and any other applicable state agency.

(6)

When a child care facility is proposed in a church or school building originally constructed for use as a church or school, the use shall be treated as a permitted use.

Club, lodge. If liquor sales, see Bars and liquor establishments.

Coffee shop with limited entertainment.

(1)

Music or amplified sounds shall not be audible from adjacent residential properties.

(2)

The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within one hundred (100) feet shall be inspected regularly for purposes of removing any litter.

Commercial riding stable.

(1)

The site shall be at least five (5) acres in size.

(2)

All buildings occupied by animals and areas used for animal holding, grazing, or exercise shall be located at least one thousand (1,000) feet from any residential, commercial, or industrial use or district.

Community center. See Recreational buildings.

Concrete, asphalt, and rock crushing facility. Any facility, including gravel storage areas, shall be located at least one thousand (1,000) feet from any residential district boundary, and shall meet the following submittal requirements and standards as part of the conditional use permit application:

(1)

A site and vicinity plan that includes the following shall be provided:

(a)

A description of natural features, including wetlands, water bodies and major topographic features located on the property and within three hundred fifty (350) feet of the site.

(b)

A description of the proposal including type and amount of material to be removed, overview of planned daily operations including equipment and vehicles, and discussion of how the proposed operations compare to land uses within three hundred fifty (1,000) feet of the site.

(c)

A description of any potential environmental hazard due to existing or proposed land uses, including soil, water and air contamination.

(2)

An air quality plan, as approved by the Minnesota Pollution Control Agency, shall be submitted with the conditional use permit application.

(3)

A dust management plan as approved by the Minnesota Pollution Control Agency shall be submitted with the conditional use permit application . Access drives and roads within the property shall be sprayed with dust suppressants as recommended by the Minnesota Pollution Control Agency, as needed to control fugitive dust. The streets used for access into the mine shall also be cleaned at appropriate intervals consistent with City Standards, or as otherwise determined through the conditional use permit.

(4)

A sound attenuation plan describing sources of sound and indicating conformance with all applicable sound and noise regulations. The maximum noise level at the perimeter of the site shall comply with the limits or standards established by the Minnesota Pollution Control Agency and the U.S. Environmental Protection Agency

(5)

A vibration-dampening plan describing sources of vibration and indicating conformance with all applicable vibration regulations.

(6)

A drainage plan for stormwater management and runoff.

(7)

A landscape plan meeting the standards of Chapter 4, Site Plan Review.

(8)

A traffic plan describing the number of daily truck trips the proposal will generate and the principal access routes to the facility, including a description of the facility's traffic impact on the surrounding area. Traffic through local residential streets shall be prohibited unless specifically allowed through the conditional use permit.

Contractor office and showroom. All storage of equipment, materials, and supplies shall be entirely within an enclosed building or in accordance with the requirements for outdoor storage (see Outdoor storage area).

Correctional residential care facility.

(1)

The facility shall not be located in a two-family or multifamily dwelling unless it occupies the entire structure.

(2)

The facility is located on a lot meeting the minimum lot size for a single-family dwelling plus an area of three-hundred (300) square feet for each resident above the first six (6) residents. To meet this requirement, a maximum number of residents may be specified as a condition of the conditional use permit.

(3)

A minimum separation distance of one thousand three hundred twenty (1,320) feet shall be provided between correctional residential care facilities, day care facilities serving thirteen (13) or more, and residential care facilities, regardless of the licensing status of such facilities.

(4)

If the size, location, licensing, or purpose of the facility changes, a new conditional use permit may be required.

(5)

All necessary permits and/or licenses shall be obtained from the Department of Public Welfare, Department of Corrections, or any other pertinent state agency.

(6)

The safety and security of the facility and of area residents shall be satisfactorily addressed.

Craftsman studios, limited production and processing, wholesaling operations and services, in a commercial district.

(1)

Vehicular access points shall create a minimum of conflict with through traffic movement.

(2)

Equipment or materials shall be completely enclosed in a permanent structure, with no outside storage.

(3)

The hours of operation will not have an adverse impact on adjacent property owners.

(4)

All of the general performance standards as specified in Chapter 6, Article 9, of the Unified Development Regulations shall apply, and in the CBD Central Business District, during the hours from 7:00 a.m. to 8:00 p.m. no noise from this use shall exceed seventy-five (75) decibels measured at the property line and during the hours from 8:00 p.m. to 7:00 a.m. no noise shall exceed forty (40) decibels measured at the property line, or as otherwise determined by the city to meet Section 6-370.

Dwelling as part of a mixed use structure, CBD District.

(1)

The residential use is secondary to the ground floor commercial use.

(2)

The maximum number of units allowed shall be the lesser of the area of the parcel divided by two thousand (2,000), times the number of floors in the building above ground floor or the number of units satisfying the following area requirements:

a.

Efficiency and one-bedroom units (square feet) .....600

b.

Two-bedroom units (square feet) .....700

c.

Three-bedroom units and above (square feet) .....900

(3)

A minimum of one parking space shall be provided per residential unit within four hundred (400) feet of the most commonly used entrance to the unit. Such space shall be under private ownership or lease and shall be dedicated solely for the use of the residence.

Dwelling in conjunction with a business in commercial or industrial districts.

(1)

The applicant must demonstrate to the satisfaction of the City Council that the dwelling is necessary to the proper conduct of the business.

(2)

If located in a separate building, the dwelling shall meet the setback requirements of the zoning district where it is located.

Farm and construction equipment sales.

(1)

No sales or display areas shall be located on a side abutting any residential district or use.

(2)

Outdoor sales or display areas shall be located and designed so as not to interfere with circulation of parking, loading, and access aisles.

(3)

Minimum building size shall be no less than twenty (20) percent of the lot area occupied by the use.

(4)

Junk vehicles, implements, and equipment shall be prohibited.

(5)

Exterior display areas for the farm implements shall be permitted to be gravel.

(6)

All exterior storage areas shall be subject to the standards for an outdoor storage area listed in Section 7-30, Specific Development Standards.

Firearms dealer.

(1)

No firearms or ammunition shall be displayed in window areas or any areas where they can be viewed from the public right-of-way.

(2)

Firearms shall be kept in locked storage on the premises, in locked display cabinets or locked display racks on the sales floor.

(3)

The use shall meet the required security standards mandated by Minnesota Statutes.

Firing range. Firing ranges shall be located in completely enclosed buildings that are adequately soundproofed.

Funeral home. An arterial or collector street of sufficient capacity to accommodate the traffic that the use will generate serves the site.

Golf course. See Outdoor recreational area.

Government buildings and structures (other than those used primarily as offices).

(1)

When a jail is located within the building or structure evidence of all necessary permits and/or licenses required by the State of Minnesota, including but not limited to those from the Department of Corrections and the Department of Health, shall be provided prior to occupancy of the building.

(2)

When vehicle maintenance and repairs are conducted on the property, All vehicles awaiting repair or pickup shall be stored on the site within enclosed buildings or defined parking spaces in compliance with Chapter 8, Off-Street Parking and Loading.

(3)

Outside storage of automotive parts or storage of junk vehicles shall be prohibited, unless in compliance with the following standards for vehicle storage:

A.

All vehicle storage shall take place in side or rear yard areas. In no case shall a vehicle storage area extend into the front yard beyond the principal building.

B.

A fence with a minimum height of six (6) feet shall be provided around the perimeter of the entire storage area.

C.

Vehicle storage areas visible from residential uses, residential zoning districts, or public streets shall be screened in compliance with the screening requirements established in Chapter 4, Site Plan Review.

D.

All vehicles, except those being impounded for law enforcement purposes, that are parked or stored on site shall display a current license plate with a current license tab.

E.

Provisions shall be made to contain leakage from stored vehicles.

Heliport.

(1)

All heliports and helicopter flyways shall conform to all applicable Federal Aviation Administration regulations.

(2)

The helicopter-landing pad shall be covered with a dust-free surface.

(3)

Security measures, including fencing and screening, shall be provided where necessary to protect non-authorized persons from entering area.

(4)

The use shall be permitted only as an accessory to another principal use, and shall not occupy more than twenty-five (25) percent of the total site area of the development.

Home day care facility.

(1)

A fence constructed of masonry brick, painted or treated wood or metal, at least five (5) feet in height shall surround all play areas. Such play areas shall not be permitted between the principal structure and a public or private street.

(2)

All necessary permits and/or licenses shall be obtained from the Department of Public Welfare and any other applicable state agency.

Hospital.

(1)

An arterial or collector street of sufficient capacity to accommodate the traffic that the use will generate shall serve the site.

(2)

A heliport may be permitted accessory to a hospital, meeting the additional requirements for heliports.

Indoor recreational facility.

(1)

An arterial or collector street of sufficient capacity to accommodate the traffic that the use will generate shall serve the site.

(2)

To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with those used in the immediate neighborhood.

(3)

The lot area is equal to least four times the area of the building foundation.

(4)

Each side yard is a minimum of twenty-five (25) feet.

(5)

Off-street parking may be provided on the site or on an abutting site, which may be separated from the site by a public street or alley.

Laundry, self-service or commercial. Venting of odors, gas, and fumes shall be directed away from residential uses.

Microdistillery.

(1)

On property within or adjacent to any non-industrial zoning district, uses producing odorous matter in such quantities as to be readily detectable so as to cause annoyance or discomfort from any point along the property line are prohibited. The use must comply with the standards governing odor emissions as regulated by the law. An air quality plan approved by the Minnesota Pollution Control Agency may be required.

(2)

On property within or adjacent to any non-industrial zoning district, uses producing amplified sound in such quantities as to be readily detectable so as to cause annoyance or discomfort from any point along the property line are prohibited. The use must comply with the standards governing amplified sound as regulated by the law.

(3)

Outdoor storage may be allowed as an accessory use provided that the standards for such use, as identified in Chapter 7, Specific Development Standards, are met.

(4)

The city may permit an open air patio area as an accessory use to a microdistillery with a cocktail room provided it meet the standards identified for in Chapter 7, Specific Development Standards in "Outdoor eating, drinking, or smoking enclosure as an accessory use to a bar, restaurant, club, or other assembly use with liquor sales."

(5)

All litter found on the exterior of the property must be regularly removed and properly disposed. Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc. must be provided.

(6)

A parking plan for the site must be approved as part of the conditional use permit request. The parking plan must include designated pedestrian routes to ensure safe pedestrian travel while on the property, as well as food truck or food delivery vehicle parking if such accessory use is requested. Required parking and loading spaces shall be located on the same lot or development site as the use served. Required parking and loading spaces and the driveways providing access to them shall not be used for storage, display, sales, rental or repair of motor vehicles or other goods, or for the storage of inoperable vehicles or snow.

(7)

In cases where future potential uses of a building may generate additional parking demand, the city may require the parking plan for the site show how the anticipated parking demand will be met. The city may permit the additional land area that would be required for anticipated parking to be placed in reserve as landscaped open space until needed.

(8)

A traffic plan describing the number of daily truck trips the proposal will generate and the principal access routes to the facility, including a description of the facility's traffic impact on the surrounding area. Traffic through local residential streets shall be prohibited unless specifically allowed by the traffic plan. The parking plan must show semi-truck loading, unloading, temporary, and overnight parking.

(9)

Access and loading areas facing any street, adjacent residential use or residential zoning district, shall have the doors closed at all times, except during movement of raw material, other supplies and finished products into and out of the building.

(10)

Any retail sales of alcoholic beverages may only occur during the hours permitted by law and ordinance. No sales or display shall take place on any street right-of-way.

(11)

A facility at the proposed site shall not have an adverse impact on the character of the neighborhood. The following criteria may be used to evaluate proposed sites:

(a)

the effect on traffic movements in the area;

(b)

the general nature, character, age, and condition of the adjacent development;

(c)

the proximity to residential areas, regardless of zoning; or

(d)

any other criteria the city may deem pertinent.

(12)

All distilling activities shall be located within a completely enclosed building.

(13)

Craft distilleries shall maintain at least ten (10) percent of the gross floor area of the facility for a cocktail room or for other retail purposes.

(14)

Service trucks for the purpose of loading and unloading materials, equipment and product shall be restricted to between the hours of 8:00 a.m. and 8:00 p.m. Monday through Saturday and between 11:00 a.m. and 7:00 p.m. on Sundays and holidays. Service trucks for the purpose of loading and unloading materials, equipment and product shall be restricted to thirty (30) feet in total length.

Nightclub.

(1)

Music or amplified sounds shall not be audible from adjacent residential properties.

(2)

All regulations established in Chapter 4, City Code of Ordinances, regarding the sale of alcoholic beverages shall be met.

(3)

The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within one hundred (100) feet shall be inspected regularly for the purpose of removing any litter.

Nursing home, senior housing in commercial districts.

(1)

An arterial or collector street of sufficient capacity to accommodate the traffic that the use will generate serves the site.

(2)

Elevator service is provided to each floor level.

(3)

Landscaped open space is easily accessible to residents for outdoor seating and recreation.

(4)

Adequate provision is made for access to shopping, recreation, and health care facilities.

(5)

The site meets the lot area and dimensional standards for the R-4 District.

Offices in residential or C-1 districts.

(1)

The office serves the general community rather than a larger region.

(2)

An arterial or collector street of sufficient capacity to accommodate the traffic that the use will generate serves the site.

(3)

The architectural appearance and plan of the building and site shall be compatible with other buildings in the immediate area, and shall not constitute a blighting influence within a reasonable distance of the lot. The design of the facility shall be subject to city approval.

(4)

There shall be no exterior storage of goods or equipment except for properly screened trash containers.

Outdoor eating, drinking, or smoking enclosure as an accessory use to a bar, restaurant, club, or other assembly use with liquor sales.

(1)

Any structure shall be located on the subject property contiguous to the principal building and shall conform to all zoning and building codes and state statutes, and shall be subject to the same setbacks as the principal building.

(2)

Any structure shall be subject to review and approval by the Development Review Committee, and if in the Historic Preservation District, shall be approved by the Heritage Preservation Commission.

(3)

The primary access to the area shall be from the principal building; no other access or egress shall be allowed other than required emergency exits.

(4)

The area shall be defined or constructed so as to prohibit the free passage of any person from the area.

(5)

The area shall have a permanent surface of concrete, asphalt, wood, or other fabricated construction material.

(6)

The area may have a roof and/or partial walls, but must be less than fifty (50) percent enclosed as defined by state statute. All enclosures must be constructed of materials compatible with the principal structure as defined elsewhere in this ordinance.

(7)

The area shall be located no closer than two hundred (200) feet to a residential district boundary or use and shall be screened in compliance the provisions of Chapter 4, Site Plan Review. Areas which are located closer than two hundred (200) feet may be permitted by conditional use permit, in accordance with the provisions of Chapter 2, Article 7 of this ordinance.

(8)

An employee shall be assigned to supervise the area during all hours of operation.

(9)

Amplified sound shall not be permitted within the outdoor enclosure when it is audible from a residential district boundary or use.

(10)

Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc. must be provided.

(11)

The premises, all adjacent streets, sidewalks, alleys, and all sidewalks and alleys within one hundred (100) feet shall be inspected regularly for the purpose of removing litter.

Outdoor recreation area, including golf courses, swimming pools, athletic fields, and similar facilities.

(1)

A minimum fifty (50) foot setback area, maintained as open space, shall be provided along the perimeter of the site wherever it abuts a residential district boundary.

(2)

An arterial or collector street of sufficient capacity to accommodate the traffic that the use will generate serves the site.

(3)

The site shall be designed in such a way as to minimize the effects of lighting and noise on surrounding properties.

(4)

Ease of access to the site by automobile, transit, bicycles, and pedestrians shall be considered as a factor in the review of any development proposal.

Outdoor sales and display area.

(1)

Temporary outdoor sales and display areas shall meet the following standards:

(a)

All goods and materials stored shall be located on a bituminous or concrete surface.

(b)

The sales display area shall be maintained in an orderly fashion, with all display items consisting solely of products sold, distributed, or related to products sold or distributed within the principal structure by the occupant thereof.

(c)

The outdoor sales display area shall not reduce the amount of available parking provided at the site, as required in Chapter 8, Off-Street Parking and Loading; unless it is demonstrated on an annual basis that additional parking within three hundred (300) feet of the principal use is provided, or that use of the parking area for outdoor sales and display does not create a parking shortage or access issues on site.

(d)

A site plan showing the location and parameters of the outdoor sales and display area, shall be submitted for approval by staff prior to erecting any related structures, stocking of the area, or opening of an outdoor sales area.

(e)

The outdoor sales and display area shall not exceed ten (10) percent of the square footage of the principal building.

(f)

The outdoor sales and display area shall be well defined, as provided on the approved site plan, and shall not interfere with vehicular or pedestrian access or traffic.

(g)

The outdoor sales and display area shall be limited to two (2) occurrences per year, provided outdoor sales and display does not occur for more than one hundred eighty (180) days in any calendar year.

(2)

Permanent outdoor sales and display areas shall meet the following standards:

(a)

The outdoor sales and display area shall be approved as part of the site plan for the principal use, and shall be immediately adjacent to, and integrally designed as part of the principal structure and use.

(b)

The outdoor sales and display area shall be accessible directly from the principal building, and may also be accessed from the outside parameters of the sales and display area.

(c)

The exterior parameters of the outdoor sales and display area shall be well defined, preferably with fencing, walls, or landscaping.

Outdoor sales display area.

(1)

The sales display area shall be located no closer than twenty (20) feet from any residential district boundary or residential use.

(2)

[Reserved.]

(3)

All goods and materials stored shall be located on a paved surface.

(4)

The sales display area shall be maintained in an orderly fashion, with all display items consisting solely of products sold or distributed within the principal structure by the occupant thereof.

(5)

The outdoor sales display area shall not reduce the amount of parking provided at the site, as required in Chapter 8, Off-Street Parking and Loading.

Outdoor smoking areas.

(1)

Smoking areas that use public sidewalks shall be subject to approval by the City and shall be subject to an agreement with the City regarding use and maintenance of the area.

(2)

Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc. must be provided.

(3)

The smoking area, all adjacent streets, sidewalks, alleys, and all sidewalks and alleys within one hundred (100) feet shall be inspected regularly for the purpose of removing litter.

Outdoor storage area.

(1)

Outdoor storage areas shall be placed to the rear or side of the principal structure and shall meet the setback requirements established within the individual zoning districts.

(2)

The storage area shall be fenced around its perimeter with a minimum six (6) foot chain link fence and shall be screened in compliance with the provisions of Chapter 4, Site Plan Review.

(3)

All goods and materials stored shall be located on a paved or gravel surface.

(4)

The outdoor storage area shall be maintained in an orderly fashion.

(5)

The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the perimeter fence, with the exception that the height of materials may be increased to two (2) times the fence height when the stored material meets building setback requirements.

(6)

The outdoor storage area shall not reduce the amount of parking provided at the site, as required in Chapter 8, Off-Street Parking and Loading.

Parking facilities and ramps.

(1)

Parking ramps shall comply with the setback requirements for principal structures.

(2)

Parking ramps shall utilize exterior facade building materials that are compatible with surrounding buildings.

(3)

Ramps and other parking facilities shall be periodically inspected and maintained by the owner to ensure structural integrity and public safety.

Pet store. Animals shall be housed only within enclosed buildings.

Production of stone or clay and concrete, such as cement, bricks, tile and concrete blocks, in industrial park and light industrial districts. Any facility in an I-P or I-1 zoning district that processes raw materials to produce an end product consisting of stone, clay, and concrete products such as cement, bricks, tile or concrete blocks shall meet the following standards as part of a conditional use permit:

(1)

All raw materials handling and storage shall occur completely within an enclosed building.

(2)

All production processes shall occur completely within an enclosed building.

(3)

Outdoor product storage and product handling areas shall be maintained in a neat and orderly manner, according to an approved site plan for such exterior operations, and loading areas shall be provided according to the requirements of Chapter 8, Off-Street Parking and Loading.

(4)

Exterior storage areas shall comply with the outdoor storage provisions of this appendix, except that the height of stored products shall not exceed the height of the perimeter fence.

(5)

On-site sales, including exterior sales and display of the finished product may be allowed as part of the conditional use permit, subject to the outdoor sales and display provisions of this chapter.

Recycling collection centers, limited. Located in commercial districts. The following standards allow for convenient and safe disposal of recyclable household electronic devices and appliances at limited recycling collection centers in specified commercial zoning districts. The centers are intended to serve as collection centers, with the processing of the products occurring at other facilities in appropriate zoning districts. Limited recycling collection centers in commercial zoning districts must meet the following minimum standards.

1.

Limited recycling collection centers in commercial districts may accept the following household electronic devices and appliances:

•

Electronics recycling devices as defined and regulated by the State of Minnesota.

•

Communication and information technology devices such as cell phones, computers, smart watches, printers, copiers, and similar devices;

•

Home entertainment devices such as televisions, radios, video games, remote controls, and similar devices;

•

Household appliances such as microwaves, countertop appliances, ovens, ranges, dishwashers, refrigerators, freezers, dehumidifiers, and similar devices; and

•

Other electronic devices and household appliances for which the City Council has determined meets the intent of this ordinance as outlined in the conditional use permit.

2.

Limited recycling collection centers in commercial districts are prohibited from accepting the following:

•

Paints, solvents, chemicals, and similar products;

•

Plastic, aluminum, and glass containers, scrap metal, and similar products;

•

Vehicles, lawn and garden equipment, and similar products;

•

Furniture, mattresses, carpet, building materials, and similar products; and

•

Other products not specifically allowed by this ordinance and for which the City Council has determined do not meet the intent of this ordinance.

3.

Limited recycling collection centers may collect and temporarily store household electronic devices, and appliances. No salvage, reclamation, recovery, or processing of any items, or the re-sale of any items or parts, or salvaged, reclaimed and/or recovered materials, is permitted in the centers.

4.

All recyclable materials, electronic devices and appliances must be collected and stored inside the building in appropriate containers. Recyclable materials, shipping containers, and trailers cannot be stored outdoors. Loading of recyclable materials for shipment to material recovery facilities must occur in designated loading zones in the side or rear yard of the site unless specifically allowed otherwise in the conditional use permit. Curbside collection and after-hours drop-off are prohibited.

5.

The property must be maintained free of litter, junk, and debris.

6.

The limited recycling collection center must satisfy any safety standards and requirements determined by the Fire Chief and other Safety Code Officials.

7.

Limited recycling collection center operators must be registered with the State of Minnesota and licensed by Rice County for operation in the City.

Refuse disposal and incineration facility. See Waste transfer or disposal facility.

Religious institutions in residential districts.

(1)

An arterial or collector street of sufficient capacity to accommodate the traffic that the use will generate shall serve the site.

(2)

The lot area is equal to least four times the area of the building foundation.

(3)

To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with those used in the immediate neighborhood.

(4)

Each side yard is a minimum of twenty-five (25) feet.

(5)

Off-street parking may be provided on the site or on an abutting site, which may be separated from the site by a public street or alley.

Relocation of a dwelling previously occupied in another location.

(1)

The dwelling in its proposed location is compatible with other adjacent dwellings in terms of height and size of structure.

(2)

The architectural features of the dwelling and any accessory structures shall be compatible with the architectural style and features of adjacent dwellings and those in the same neighborhood. Such features as porches, dormers, pillars and columns, window style, entrance location, and roof pitch and style shall be considered in determining the appropriateness of the dwelling and any accessory structure. This subsection is not intended to apply strict architectural standards, rather, that the dwelling being moved or relocated be compatible with the neighborhood as interpreted by the City Planner.

(3)

Garages and other accessory structures, whether attached or detached, shall be located in a manner similar to those on other adjacent residential properties and properties in the same neighborhood.

(4)

A site plan, with a survey, must be submitted showing the final grading elevations for the proposed parcel. The on-site grading improvements and utility service extensions must be completed prior to the placement of the dwelling on the lot.

(5)

All required improvements and building code requirements shall be met within one (1) year of the placement of the dwelling.

Relocation of a new dwelling.

(1)

The dwelling in its proposed location is compatible with other adjacent dwellings in terms of height and size of structure.

(2)

The architectural features of the dwelling and any accessory structures shall be compatible with the architectural style and features of adjacent dwellings and those in the same neighborhood. Such features as porches, dormers, pillars and columns, window style, entrance location, and roof pitch and style shall be considered in determining the appropriateness of the dwelling and any accessory structure. This subsection is not intended to apply strict architectural standards, rather, that the dwelling being moved or relocated be compatible with the neighborhood as interpreted by the city planner.

(3)

Garages and other accessory structures, whether attached or detached, shall be located in a manner similar to those on other adjacent residential properties and properties in the same neighborhood.

(4)

A site plan, with a survey, must be submitted showing the final grading elevations for the proposed parcel. The on-site grading improvements and utility service extensions must be completed prior to the placement of the dwelling on the lot.

(5)

All required improvements and building code requirements shall be met within one (1) year of the placement of the dwelling.

Residential care facility serving more than six persons.

(1)

On-site services shall be for residents of the facility only.

(2)

The facility shall not be located in a two-family or multifamily dwelling unless it occupies the entire structure.

(3)

The minimum lot area required for a residential care facility shall be determined as follows:

a.

Residential districts. The facility shall have a minimum lot size equal to the minimum lot area for a single-family residence in the specific zoning district, plus three hundred (300) square feet for each resident over the first six (6). To meet this requirement, the number of allowed residents may be limited.

b.

Commercial districts. The facility shall have a minimum lot size equal to the minimum lot area for the specific zoning district, plus three hundred (300) square feet for each resident over the first six (6). To meet this requirement, the number of allowed residents may be limited.

(4)

A minimum separation distance of one thousand three hundred twenty (1,320) feet shall be provided between residential care facilities serving more than six (6) residents unless one (1) or more of the following conditions apply:

(a)

The city council grants the residential care facility a conditional use permit;

(b)

The residential care facility is in the R-4, High Density Residential zoning district;

(c)

The residential care facility is in a hospital licensed by the state; or

(d)

The residential care facility is a foster care or a community residential setting as defined by state statutes.

(5)

To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be harmonious with other buildings in the neighborhood.

(6)

An appropriate transition area between the residential care facility use and adjacent property shall be provided by landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(7)

If the size, location, licensing, or purpose of a facility with a conditional use permit changes, a new conditional use permit shall be required.

(8)

All necessary permits and/or licenses shall be obtained from the Department of Human Services or any other pertinent state agencies.

Restaurant, drive-through.

(1)

The use shall be located only on sites having direct access to arterial or collector streets or service roads.

(2)

The public address system, if provided, shall not be audible from any residential parcel.

(3)

Stacking shall be provided in compliance with section 8-270 and shall be located within applicable parking lot setbacks.

(4)

The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within one hundred (100) feet shall be inspected regularly for the purpose of removing any litter.

Restaurant with general entertainment.

(1)

Music or amplified sounds shall not be audible from adjacent residential properties.

(2)

The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within one hundred (100) feet shall be inspected regularly for the purpose of removing any litter.

School, (K-12) in permitted commercial districts.

(1)

Parking must comply with chapter 8 of the City's Unified Development Ordinance.

(2)

The school must provide an appropriate pick-up and drop-off area that minimizes traffic congestion and is safe for vehicles and pedestrians.

(3)

Outdoor play or activities must have a defined space enclosed by a fence, landscape buffer, or other measure suitable for the age group served.

(4)

To the extent practical all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings.

(5)

Exterior building materials must meet the standards specified for commercial uses.

Schools (K-12) in residential districts.

(1)

An arterial or collector street of sufficient capacity to accommodate the traffic that the use will generate shall serve the site.

(2)

The lot area shall equal at least four (4) times the area of the building foundation.

(3)

To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with those used in the immediate neighborhood.

(4)

Each side yard shall be a minimum of twenty-five (25) feet.

(5)

Off-street parking may be provided on the site or on an abutting site, which may be separated from the site by a public street or alley.

Scrap/salvage yard, metal milling facility.

(1)

A salvage dealer's license is obtained as specified in Chapter 14, City Code of Ordinances.

(2)

A fence with a minimum height of six (6) feet shall be provided around the perimeter of the storage area. Such fence shall apply towards the screening requirements established in Chapter 4, Site Plan Review.

(3)

No vehicles or vehicle parts may be placed within the public right-of-way or on public property.

Single-family detached dwelling in R-4 district. The residence is compatible with general development patterns in the immediate area or is necessary to the conduct of the principal use, such as a multi-family development or residential institution.

Stockyard, or animal slaughter facility. All slaughter and processing activities shall take place within a completely enclosed building with adequate soundproofing and odor control.

Truck and trailer sales and service.

Commercial districts.

(1)

Truck and trailer sales and service may be permitted in the C-2 (highway commercial) district on properties that have frontage road access to Interstate 35, with approval of a conditional use permit.

(2)

The property shall be located on streets of sufficient capacity and design to accommodate trucks and trailers.

(3)

Effective buffering and screening shall be provided from adjacent properties. A minimum of a six-foot privacy fence is required to screen from residential properties.

(4)

The property shall be maintained in a clean and orderly fashion. Outdoor storage of parts or damaged trucks is prohibited.

(5)

Additional conditions may be established as part of the conditional use permit to control noise, appearance, and negative impacts to adjacent properties, including hours of operation.

Vehicle storage.

(1)

No inoperable vehicle shall be stored outside a building in any residential district or in the C-1 district.

(2)

Not more than five (5) inoperable vehicles may be stored outside at any one time at a property located in a commercial or industrial district, excluding the C-1 district, provided that no one vehicle may be stored in excess of thirty (30) days in a calendar year. Vehicle storage in excess of these prescribed limits shall classify the use as a salvage yard.

(3)

All vehicle storage shall take place in side or rear yard areas. In no case shall a vehicle storage area extend into the front yard beyond the principal building.

(4)

A fence with a minimum height of six (6) feet shall be provided around the perimeter of the storage area. Such fence shall apply towards the screening requirements established in Chapter 4, Site Plan Review.

(5)

No vehicles or vehicle parts may be placed within the public right-of-way or on public property.

Veterinary clinic. All activity shall take place within a completely enclosed building with soundproofing and odor control. Outdoor kennels shall be prohibited.

Warehousing and Storage as a conditional use, CBD.

(1)

The architectural appearance of the building and site shall not be dissimilar to existing adjacent buildings or the general area so as to cause impairment to property values or constitute or encourage a blighting influence within the area.

(2)

Warehousing and storage uses shall not be located in the storefront of a building, which shall be defined as that area of the building at street level that fronts on a public right-of-way (not including an alley), and shall consist of the first twenty (20) feet back from the wall of the building at street level that fronts on the public right-of-way (not including an alley). In the case of a corner building, both sides of the building at street level that fronts on a public right-of-way (not including an alley) shall be considered a storefront. Where there are no window openings in the street level of a wall that fronts on a public right-of-way, such frontage shall not be considered a store front.

(3)

Warehousing and storage uses shall be separated from the storefront area of the building by a wall which extends from floor to ceiling, a minimum of twenty-four (24) above the height of a standard door, the entire width of the building or area to be used for storage. For the purposes of this section, a wall shall be constructed of dry-wall, plaster, stone, brick or other masonry material, or other similar material to provide adequate physical and visual separation between the use in the front of the building and the warehousing and storage use.

(4)

Additional conditions may be established to ensure compatibility of the warehousing or storage use with surrounding uses.

(5)

Existing warehousing and storage uses shall comply with all provisions of this section within one year of the effective date of this section.

Waste hauler.

(1)

No waste shall be stored or maintained on site.

(2)

At no time shall a vehicle used in the operation of waste hauling be parked within a residential area for a period exceeding three (3) hours.

Waste transfer or disposal facility. The use shall be located at least one thousand (1,000) feet from any residential district. The facility shall provide the following as part of the conditional use permit application:

(1)

A vicinity plan that includes the following:

(a)

A description of natural features, including wetlands, water bodies and major topographic features located within three hundred fifty (350) feet of the site.

(b)

A description of the proposal and how it compares to land uses within three hundred fifty (350) feet of the site.

(c)

A description of any potential environmental hazard due to existing or proposed land uses, including soil, water and air contamination.

(2)

An air quality plan describing stationary and mobile source air emissions, their quantities and composition, and indicating conformance with all applicable air quality regulations.

(3)

A dust management plan describing dust emission sources, their quantity and composition, and how dust will be collected, managed and disposed of, and indicating conformance with all applicable dust emission regulations.

(4)

A sound attenuation plan describing sources of sound and indicating conformance with all applicable sound and noise regulations.

(5)

A vibration dampening plan describing sources of vibration and indicating conformance with all applicable vibration regulations.

(6)

A drainage plan for stormwater management and runoff.

(7)

A landscape plan meeting the standards of Chapter 4, Site Plan Review.

(8)

A traffic plan describing the number of truck trips the proposal will generate and the principal access routes to the facility, including a description of the facility's traffic impact on the surrounding area.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2001-15, § 1, 8-28-01; Ord. No. 2002-13, § 1, 6-25-02; Ord. No. 2002-16, § 1, 8-13-02; Ord. No. 2003-11, § 1, 10-14-03; Ord. No. 2003-032, § 1, 11-25-03; Ord. No. 2004-14, § 1, 6-8-04; Ord. No. 2005-24, § 1, 9-13-05; Ord. No. 2005-25, § 1, 9-27-05; Ord. No. 2005-33, § 1, 12-13-05; Ord. No. 2007-22, § 1, 1-8-08; Ord. No. 2007-23, § 1, 1-8-08; Ord. No. 2008-15, § 1, 6-24-08; Ord. No. 2008-09, § 3, 5-13-08; Ord. No. 2010-06, § 1, 5-25-10; Ord. No. 2013-005, § 1, 8-13-13; Ord. No. 2013-008, § 3, 11-13-13; Ord. No. 2013-009, § 8, 11-26-13; Ord. No. 2015-07, § 1, 6-23-15; Ord. No. 2015-09, § 1, 7-28-15; Ord. No. 2015-10, § 1, 9-22-15; Ord. No. 2017-2, § 2, 4-25-17; Ord. No. 2017-4, § 4, 6-13-17; Ord. No. 2020-6, § 1B, 4-28-20; Ord. No. 2022-1, § 2, 1-25-22; Ord. No. 2023-1, § 3, 2-28-23; Ord. No. 2023-21, § 2, 9-12-23; Ord. No. 2024-22, § 3(Exh. B), 12-23-24)