This district is established to recognize the need for commercial establishments, preferably in clusters, in close proximity to major thoroughfares. The purpose of the district is to provide appropriate locations for a broad range of commercial activities which are primarily oriented to highway uses rather than the central business district and which are designed to serve local and regional customers, vehicular and non-vehicular traffic. With a highly visible viewshed, these areas should be designed to enhance the aesthetics, control traffic movement, and include sufficient landscaping to minimize the impact typically associated with highway commercial development.

(Ord. 2013-05, passed 5-20-2013)

   No structure or land shall be used except for the following uses as such are defined and in accordance with the required lot provisions and design and performance standards.

   (A)   Retail or service businesses supplying commodities or performing a service, as follows:

      (1)   Apparel or clothing store.

      (2)   Barber or beauty shop, personal care salons and spas.

      (3)   Brewery, micro-distillery, micro-brewery, micro-winery, or tap room.

      (4)   Business and trade schools.

      (5)   Churches.

      (6)   Day care facilities.

      (7)   Financial institutions.

      (8)   Funeral home.

      (9)   Furniture dealer.

      (10)   Grocery store.

      (11)   Massage therapist, licensed.

      (12)   Medical or dental clinics and hospitals.

      (13)   Motel and hotels.

      (14)   Office or professional building.

      (15)   On-sale liquor establishment.

      (16)   Off-sale liquor establishment.

      (17)   Personal services.

      (18)   Public uses related to recreation (e.g., parks) or utilities.

      (19)   Private club.

      (20)   Restaurants—Class I, II and III.

      (21)   Retail sales of edible cannabinoid products.

      (22)   Retail stores and shopping centers.

      (23)   Theaters.

      (24)   Tobacco sales.

      (25)   Video store.

   (B)   Licensed tattoo establishment.

   (C)   Library.

   (D)   Housing, provided that it is part of a Planned Mixed-Use District (PMD) PUD on the condition that the housing does not utilize more than 60% of the ground floor of the structure.

   (E)   Physical recreation and educational facilities, including:

      (1)   Bowling alleys, provided they are not within 20 feet of a residential district.

      (2)   Dance studios.

      (3)   Fitness centers and gyms.

      (4)   Martial arts.

   (F)   Cannabis sales, retail, subject to the following:

      (1)   The use must be setback 1,000 feet from schools as established by M.S. § 342.13.

      (2)   No sale of cannabis for consumption on the licensed premises may be made between 2:00 a.m. and 8:00 a.m. any day of the week.

      (3)   The business must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management.

   (G)   Cannabis delivery, subject to the following:

      (1)   The use must be setback 1,000 feet from schools as established by M.S. § 342.13.

      (2)   No delivery of cannabis for consumption may be made between 2:00 a.m. and 8:00 a.m. any day of the week.

      (3)   The business must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management.

(Ord. 2013-05, passed 5-20-2013; Am. Ord. 2013-11, passed 12-2-2013; Am. Ord. 2023-01, passed 2-13-2023; Am. Ord. 2023-03, passed 8-28-2023; Am. Ord. 2024-09, passed - -)

   (A)   Temporary structure to operate as business. Subject to the following:

      (1)   The temporary structure meets Building Code and obtains the required building permits.

      (2)   The temporary structure meets the current zoning requirements.

      (3)   Customers are separated from the construction of the permanent facility.

      (4)   The temporary structure provides for water and sewer.

      (5)   A letter of credit is provided for the removal of temporary improvements.

      (6)   The site accommodates the storm water drainage.

      (7)   The parking lot is an impervious surface.

   (B)   Temporary outdoor seasonal sales and stands shall be allowed without a public hearing, provided an administrative permit. Subject to the following:

      (1)   All temporary/seasonal outdoor sales shall be allowed only through the issuance of an administrative permit.

      (2)   Duration: Administrative permits for temporary/seasonal outdoor sales shall be for a period not to exceed 90 days.

      (3)   Performance standards:

         (a)   Off-street parking and loading shall be provided as required by the off-street parking requirements of this chapter.

         (b)   The use of a public address system shall not be allowed.

         (c)   The site upon which the temporary/seasonal outdoor sale is to be conducted shall be kept in a neat and orderly fashion, free from litter, refuse, debris, junk, or other waste which results in offensive odors or unsightly conditions.

         (d)   Display of items shall be arranged in as compact a manner as reasonably practicable with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe.

         (e)   No uses or displays shall be permitted in required parking areas, required green areas, parking setback areas, or any right-of-way or other public property.

         (f)   Tents, stands, and other similar temporary structures may be utilized subject to the following requirements:

            1.   A site plan shall be submitted which clearly identifies the location of the temporary structure.

            2.   The Zoning Administrator determine that the size and location of such structure shall not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site.

            3.   If the temporary structure is greater than 120 square feet in size and/or includes electrical service, the Zoning Administrator may defer matter to the City Building Official for review and approval.

         (g)   Signs. All signage shall comply with §§ 154.241 through 154.260 Signs.

         (h)   Lighting. All lighting shall comply with the lighting standards of this chapter.

         (i)   The sale and associated parking shall not obstruct parking spaces needed by any permanent business established on the site except when a sale is held when the business is closed.

         (j)   No portion of the use or event shall take place within 100 feet of any residential buildings.

(Ord. 2013-05, passed 5-20-2013)

   The following uses are permitted accessory uses as such uses are defined and in accordance with the required lot provisions and design standards. However, any incidental repair or processing necessary to conduct a permitted principal use shall not occupy more than 30% of the floor area.

   (A)   Electronic amusement devices (machines), where the principal use is a Class I, Class II, or Class III restaurant, dry goods, drug, variety, hobby, or toy store, grocery store, gas station, bar, or laundromat. Up to 4 such devices are permitted. However, if the area of the principal use is at least 15,000 square feet, up to 30 such devices are permitted.

   (B)   Lots of record.

      (2)   Small lots shall be considered conforming lots under this section and may not be subdivided.

      (3)   Existing principal and accessory buildings located on a small lot shall be considered conforming buildings or structures. Any maintenance or expansion of principal buildings located on small lots must be reviewed through the site plan process in order to obtain a building permit. No expansion to a principal building on a small lot will be permitted if the expansion (1) reduces the current front yard setback, or (2) is proposed to be located within 15 feet of a structure located upon an adjacent lot. New accessory buildings on small lots must comply with the setbacks of this section. Accessory buildings existing at the time of adoption of this revised section may not be expanded.

      (4)   The City Council may provide for other exemptions from this section which are necessary to accommodate the commercial use of small lots and existing buildings thereon. The Council shall make written findings supporting its determination.

   (C)   Off-street parking and loading.

   (D)   Retail sales of edible cannabinoid products, where the principal use is a business that holds one or more of the following licenses: 3.2% malt liquor on-sale license, 3,2 % malt liquor off-sale license, off-sale intoxicating liquor license, on-sale intoxicating liquor license, combination on-sale/off-sale intoxicating liquor license, on-sale wine license, brewer taproom on-sale license, or small brewer off-sale license, as defined under § 111.22. Edible cannabinoid products shall not occupy more than 10% of the publicly accessible floor area.

   (E)   Signs.

   (F)   Solar collectors.

   (G)   Temporary outdoor storage or display of goods used in conjunction with and on the same site as the permitted use, provided that the goods are not outdoors overnight; the storage or display area does not exceed 200 square feet; and the storage or display is not within the required front yard, or when a side yard abuts a street in the side yard, setback area.

   (H)   Tobacco sales, where the principal use is an automobile service station, a grocery store, an on-sale liquor establishment, and an off-sale liquor establishment. Tobacco sales shall not occupy more than 10% of the floor area.

(Ord. 2013-05, passed 5-20-2013; Am .Ord. 2017-04, passed 12-18-2017; Am. Ord. 2023-01, passed 2-13-2023; Am. Ord. 2023-03, passed 8-28-2023)

   Minimum lot size, yards and setbacks. Front yard: In the front yard, a build-to line is established which provides a minimum and maximum setback for principal buildings as follows:

   (A)   Corner lots: minimum 20 feet and maximum 85 feet from property lines. The setbacks apply to both frontages.

   (B)   Interior lots: minimum 20 feet and maximum 150 feet from front property line.

   (C)   The build-to-line setbacks for corner and interior lots may be varied for commercial planned unit developments or mixed use planned unit developments provided development sites are designed around the perimeter of the planned unit development for uses that will conform to the build-to-line setbacks. The overall development plan shall conform to this subdivision and planned unit development requirements in §§ 154.191 through 154.199.

   (D)   On interior lots, the minimum front yard setback to parking or driving lanes shall conform to the off-street parking regulations for the highway commercial district. Where the average depth of front yard parking lots and/or drive lanes adjacent to the lot in question is less than the required minimum front setback depth, the required front yard setback shall not be less than the average depth of such existing front yards; however, the depth of a front yard shall not be less than 10 feet.

   (E)   If a public sidewalk or trail is located in the abutting public right-of-way or easement, a pedestrian walkway shall be provided and designed through the parking lot to the main entrance of the building. There is no maximum parking setback.

      Minimum Setback 20 feet                  Maximum Setback 150 feet

(Ord. 2013-05, passed 5-20-2013)

   The design and performance standards are established to encourage a high standard of development by providing assurance that land uses will be compatible. The performance standards are designed to prevent and eliminate those conditions which depreciate property values that cause blight or are detrimental to the environment. Before any building permit is approved, the Zoning Administrator shall determine whether the proposed use will conform to the design and performance standards. The applicant or owner shall supply data necessary to demonstrate such conformance.

   (A)   Service streets. To the extent possible, a service street shall be located between the arterial street and the business establishment. The service street shall provide access to the arterial street subject to service-street standards required by the city. Service street traffic shall not be routed on, or directed to, local residential streets. Service streets shall meet the following standards:

      (1)   Service streets or frontage roads shall be designed in accordance with design standards outlined in § 153.11(B) of the Subdivisions Ordinance.

      (2)   Access from service streets to principal arterials shall be no more frequent that 1 for each 500 feet of principal arterial frontage.

      (3)   Service streets shall be dedicated to the city.

   (B)   Business inside. All business, service, storage, merchandise, display and repair and processing, where permitted, shall be conducted wholly within an enclosed structure except for off-street vehicular parking and off-street loading or where approved by conditional use permit.

   (C)   Storage. Open storage in conjunction with a permitted business shall be prohibited.

   (D)   Sale of goods. Goods produced on the premises shall be sold only on the premises and the processes and equipment employed in production shall not produce any offensive odor, dust, smoke, ash, gas, noise, vibration or refuse.

   (E)   Site layout. A sketch plan showing the proposed lot(s), proposed streets, sidewalks and trails and their connectivity to existing and proposed pedestrian systems, the use, density, and relationship to the surrounding land, generalized natural features including topography, significant trees and woods, water bodies and wetlands, shall be provided. The site layout must be compatible with and not detrimental to other surrounding property in the general area and make adequate provision for:

      (1)   The needs of pedestrians, automobiles and bicycles, including proper circulation and parking, and connections of trails and sidewalks to the Municipal Sidewalk and Trail System or planned system;

      (2)   Use of the existing topography and site vegetation in the location and orientation of structures and other facilities;

      (3)   Traffic conditions;

      (4)   Transitional features and decorative walls or live hedges for separation and screening purposes;

      (5)   Views to and from the site;

      (6)   Storage of trash in the principal building or in an accessory building of architecture and materials identical to the principal building;

      (7)   Planted parking islands to control parking and traffic circulation where appropriate and landscape breaks in areas intended for the parking of approximately 20 cars in a row;

      (8)   Proper drainage of a site;

      (9)   Location of curb cuts so that no cuts exist closer to an intersection than 30 feet from the point of intersection of the setback lines adjacent to intersecting streets; and

      (10)   Relating the use of the site to existing and proposed uses of other abutting properties.

   (F)   Landscaping.

      (1)   At least 5% of the site shall have diversified landscaping in addition to the landscaping required in setback areas, or around the perimeter of the property or along street frontages.

      (2)   All landscaped areas are to be developed with live deciduous and coniferous plants, trees and shrubs which provide a variety of color, textures, heights, and forms consistent with the needs of the site, size of structure, and other elements of the plan.

      (3)   All trees are to be at least 2½ inches in diameter 1 foot off the ground at the time of planting. The landscaped areas may contain some stone, wood, patio blocks, sculpture, and other appropriate ornamental features. Existing "significant trees" as defined in City Code Chapter 153 Subdivisions shall be preserved.

      (4)   All landscaped areas shall be kept free of weeds and debris and shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming.

      (5)   Maintenance of any landscaping between the curb of any street abutting the parcel and the property line shall be the responsibility of the owner of that parcel, unless a recognized association or district has assumed responsibility for maintenance.

      (6)   Design flexibility. Alternatives to the requirements listed above may be approved by the City Council, upon recommendation of the Planning Commission for exiting lots of record prior to August 2010, where due to lot size and/or configuration it is determined it is not feasible to landscape 5% of the lot area and reasonably accommodate a facility and off-street parking.

      (1)   The purpose of parking lot landscaping is as follows:

         (a)   To provide shade throughout a parking area to reduce the amount of heat absorbed by the pavement;

         (b)   To screen cars from surrounding streets and properties;

         (c)   To avoid the negative aesthetic impacts of large expanses of parking areas;

         (d)   To orient planters and other landscape features to direct pedestrians to building entrances; and

         (e)   To encourage creative design of parking areas.

      (2)   Minimum landscape requirements. Trees or planter boxes shall be located in the parking areas with 20 or more parking spaces, to meet the minimum landscape requirements outlined in § 154.156(F) Lot Requirements.

      (3)   Boundary trees. Required boundary trees which shade parking areas may count towards the fulfillment of parking lot trees. Trees in the public right-of-way are not included in this calculation.

      (4)   Approved parking lot landscape planter designs.

         (a)   Planters shall have minimum internal area of 25 square feet, excluding a curb or border area; curb widths shall be consistent with the city's standards.

         (b)   All landscape planters with trees shall have a minimum internal dimension of 4½ feet.

         (c)   Parking area infield planters or tree wells shall be placed at the intersection of parking stalls and be designed to reduce damage to trees from vehicles overhanging the planter. Single trees within these planters shall be installed at the center of the parking stall intersections.

         (d)   Row end planters shall not exceed the length of a standard parking stall or 2 parking stalls depending on row width.

         (e)   Including curb or border, vehicles shall not overhang planters or tree wells by more than 2 feet.

      (5)   Design flexibility. Alternatives to the requirements listed above may be approved by the City Council, upon recommendation of the Planning Commission when the applicant demonstrates that the minimum landscape requirements of this section are being met.

      (6)   Screening. Open parking areas shall be screened from view from adjacent properties and streets using fencing, walls, berms and/or evergreen landscaping. This screening shall have an eventual height of 3½ feet.

      (7)   Pedestrian access. Parking lot landscaping shall be located so as to discourage pedestrians from having to cross any landscaped areas to reach building entrances from parked cars. This can be achieved through proper orientation of the landscape planters.

   (H)   No more than 1 building. There shall be no more than 1 principal building on 1 lot except as provided through an approved planned unit development.

   (I)   Outdoor lighting. All outdoor lighting, which is not globe lighting, shall be directed perpendicular to the ground or directly on a building so that no direct rays are visible from off the property.

   (J)   Utilities. Shall be placed underground and meters shall be screened from view from the street.

   (K)   Traffic visibility. No wall, fence, structure, tree, shrub, vegetation, or other obstruction shall be permitted in any yard or setback which poses a danger to traffic by obscuring the view from any street or roadway. Visibility from any street or roadway shall be unobstructed above the height of 2 feet to a height of 5 feet within the triangle described as beginning at the intersection of the projected curb lines of 2 intersecting streets, thence 30 feet along 1 curb, thence diagonally to a point 30 feet from the point of beginning of the other curb line, thence to the point of beginning.

   (L)   Required yards and setback areas. Required yards and setback areas, except driveways and areas used as a garage or accessory building, shall be graded to final elevations and sodded or seeded and landscaped with trees and shrubs. Said grading and landscaping shall be completed within 180 days after first occupancy of the building. Any fence, wall, or other similar work must be completed within 180 days after construction commences. All property developed and property for which construction has commenced or a building permit issued prior to December 31, 1991 shall conform to this requirement on or before June 30, 1992.

   (M)   Required parking. Development and modifications to all parcels and buildings are subject to the provisions of the off-street parking and loading spaces.

   (N)   Required pedestrian and non-motorized vehicle access. Pedestrian access shall be provided to the storefront from internal parking lots. A sidewalk or trail, to be determined by the City Council, shall be provided to connect internal walkways to the city's existing or planned municipal sidewalk and trail system.

   (O)   Signs. Development and modification to all parcels, street uses, and buildings are subject to §§ 154.241 through 154.260 Signs.

   (P)   Architecture and materials. Development and modification to all parcels, structures, and buildings are subject to the provisions of §§ 154.311 through 154.316 Architectural Control and Building Materials and the Highway Commercial Design Standards.

   (Q)   Design review permit. A design review permit is required for any/all site alterations in the Highway Commercial District. Plans shall be consistent with the adopted design standards for the Highway Commercial District.

(Ord. 2013-05, passed 5-20-2013; Am. Ord. 2016-10, passed 12-5-2016)

   Variances from this subchapter may be recommended to the City Council by the Planning Commission for lots developed on or before August, 2010, where regulations are not viable due to lot configuration, topography, etc.

(Ord. 2013-05, passed 5-20-2013)

   In the case of lots platted prior to August 16, 2010 lots can be split 1 time as long as the minimum width is 115 feet and maintain a minimum of 20,000 square feet in size. Other sections of City Code shall also still be met. Lots may also be required to provide shared access with proper access easements recorded.

(Ord. 2013-05, passed 5-20-2013)

 

 

(Ord. 2013-05, passed 5-20-2013; Am. Ord. 2015-06, passed 5-4-2015; Am. Ord. 2018-01, passed --2018; Am. Ord. 2018-05, passed 3-5-2018; Am. Ord. 2021-07, passed 5-17-2021)