The purpose of the M-2 District is to provide for development of commercial and high density residential uses that enhance and contribute to the City's identity within the Cedar Avenue corridor guided by the Comprehensive Plan for Corridor Mixed Uses that will utilize and support transit services. (Ord. 1031, 6-1-2020)

In addition to other uses specifically identified elsewhere in this title, the following are permitted uses in a M-2 district:

   A.   Adult education facilities.

   B.   Bank, savings and loan, savings credit unions and other financial institutions.

   C.   Banquet facilities.

   D.   Commercial recreation, indoor.

   E.   Convenience restaurants without a drive through service window.

   F.   Daycare, head start, and early childhood education facilities as a principal use provided that the use complies with the provisions of chapter 31 of this title.

   G.   Governmental and public utility buildings and structures; city of Lakeville only.

   H.   Hotels.

   I.   Instructional classes.

   J.   Offices, general and medical.

   K.   Private clubs or lodges serving food and beverages with on-sale liquor.

   L.   Public garages and parking lots; city of Lakeville only.

   M.   Restaurants, general with on-sale liquor.

   N.   Retail businesses.

   O.   Service businesses, on and off site.

   P.   Fitness centers and health clubs.

   Q.   Brew on premises.

   R.   Brewpub. (Ord. 1031, 6-1-2020; amd. Ord. 1078, 6-5-2023; Ord. 1080, 6-5-2023; Ord. 1089, secs. 80 - 82, 5-6-2024)

In addition to other uses specifically identified elsewhere in this title, the following are permitted accessory uses in a M-2 district:

   A.   Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty percent (30%) of the gross floor space of the principal use.

   B.   Community gardens as regulated by section 11-18-15 of this title.

   C.   Fences as regulated by chapter 21 of this title.

   D.   Ground source heat pump systems as regulated by chapter 29 of this title.

   E.   Off street loading as regulated by chapter 20 of this title.

   F.   Off street parking as regulated by chapter 19 of this title, but not including semitrailer trucks, except in designated loading areas not to exceed four (4) hours.

   G.   Satellite TVROs as regulated by chapter 30 of this title.

   H.   Secondary or accessory use antennas or satellites as regulated by chapter 30 of this title.

   I.   Sexually oriented uses, accessory.

   J.   Signs as regulated by chapter 23 of this title.

   K.   Solar energy systems as regulated by chapter 29 of this title. (Ord. 1031, 6-1-2020)

In addition to other uses specifically identified elsewhere in this title, the following are conditional uses in a M-2 district and require a conditional use permit based upon procedures set forth in and regulated by chapter 4 of this title. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 11-4-3.E and section 11-4-7 of this title.

   A.   Auto repair, minor, provided that:

      1.   The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the city engineer.

      2.   A minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty feet (150').

      3.   A curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service areas.

      4.   Parking space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title.

      5.   No outside storage of any product (whether new, used or to be discarded or recycled) and no overnight parking shall be allowed.

      6.   Service bay doors shall not face any residential district or use and shall remain closed at all times unless open to more a vehicle into or out of a service bay.

      7.   Sale of products other than those specifically mentioned in this section be subject to a conditional use permit and be in compliance with this section.

      8.   Building and off-street parking stalls and drive aisles related to the use shall be located no closer than five hundred feet (500') of a principal arterial roadway.

      9.   All conditions pertaining to a specific site are subject to change when the council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions.

   B.   Bottled gas sales, provided that:

      1.   Retail sales activities connected with the principal use must constitute at least fifty percent (50%) of the gross floor area of the principal use.

      2.   All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota state fire code. In addition, the conditional use permit shall be reviewed and subject to conditions set forth by the city fire marshal.

      3.   All outside storage is prohibited. The storage of all accessory equipment related to the storage and sale of flammable fuels must be completely inside a principal or accessory building.

   C.   Commercial recreation, outdoor.

   D.   Commercial car washes (drive-through and mechanical and self-service) provided that:

      1.   Magazine or stacking space is constructed to accommodate six (6) vehicles per wash stall and shall be subject to the approval of the city engineer.

      2.   Magazine or stacking space must not interfere with onsite circulation patterns or required on site parking or loading areas.

      3.   Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title.

      4.   Provisions are made to control and reduce noise and special precautions shall be taken to limit the effects of noise associated with the car wash operation, dryer and vacuum machines.

         a.   Where the car wash operation is within five hundred feet (500') of a residential district, For single stall car washes, the exterior vehicle doors of the car wash must remain closed during the entire operation cycle.

         b.   For drive-through car washes servicing multiple vehicles at once, the exterior vehicle doors shall remain closed except as a vehicle is preparing to or actively entering or exiting the wash tunnel

         c.   Mechanical equipment for vacuum machines shall be located such that sound levels measured at the property line do not exceed seventy decibels (70 dB).

      5.   Building and parking related to the use shall be located no closer than five hundred feet (500') of a principal arterial roadway.

      6.   The location and operation of vacuum machines must not interfere with magazines or stacking areas, on site circulation or on-site parking and loading areas, and may not be located in a yard abutting a residential zoning district established by chapter 45 of this title.

      7.   Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and approval of the city engineer and building official, and subject to applicable requirements of metropolitan council environmental services and MPCA.

      8.   Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. unless further limited by the city council.

   E.   Convenience restaurants with a drive through service window, provided that:

      1.   Hours: The hours of operation shall be limited to five o’clock (5:00) A.M. to eleven o’clock (11:00) P.M., unless extended by the city council as part of the conditional use permit.

      2.   Architectural Standards:

         a.   As a part of the conditional use permit application, a color illustration of all building elevations must be submitted.

         b.   The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, so as not to constitute a blighting influence.

         c.   All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to section 11-17-9 of this title.

         d.   Exterior wall treatments like brick, stone (natural or artificial), decorative concrete block and stucco shall be used.

         e.   Earth tone colors of exterior materials including the canopy columns shall be required. “Earth tone colors” shall be defined as any various soft colors like those found in nature in soil, vegetation, etc., such colors are limited to brown, black, gray, tan, beige, soft green, soft blue, or white.

         f.   Ten percent (10%) of the building facade may contain contrasting colors. Contrasting colors shall be those colors not defined as earth tones. The canopy may have contrasting color bands or accent lines not to exceed an accumulative width of four inches (4"). The color bands shall not be illuminated.

      3.   Dust Control And Drainage: The entire area other than occupied by buildings, structures or plantings shall be surfaced with asphalt, concrete, cobblestone, or paving brick to control dust and drainage, which is subject to review and approval of the City Engineer.

      4.   Exterior Lighting: The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with section 11-16-17 of this title.

      5.   Access: Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with chapter 19 of this title and shall be subject to the approval of the City Engineer.

      6.   Circulation And Loading: The site design must accommodate adequate turning radius and vertical clearance for a semitrailer truck. Designated loading areas must be exclusive of off street parking stalls and drive aisles and shall not cause conflicts with customer vehicles and pedestrian movement. A site plan must be provided to illustrate adequate turning radius, using appropriate engineering templates.

      7.   Pedestrian Traffic:

         a.   An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. In front of the principal structure, the pedestrian sidewalk must be a minimum of five feet (5') wide and clear of any obstacle or impediment.

         b.   A continuous and permanent concrete curb not less than six inches (6") above grade shall separate internal sidewalks for pedestrian traffic from motor vehicle areas, pursuant to the provisions of subsection 11-19-7I of this title.

      8.   Signs: All signs and informational or visual communication devices shall be minimized and shall be in compliance with chapter 23 of this title and the following provisions:

         a.   Comprehensive Sign Plan: A Comprehensive Sign Plan must be submitted as part of a conditional use permit application.

         b.   Freestanding Sign: A freestanding sign allowed by chapter 23 of this title shall be a monument sign constructed as follows:

            (1)   The sign shall be self-supported vertically by a solid base extending horizontally for a minimum of the entire width of the sign face. Total height of the monument sign including the base shall not exceed fifteen feet (15').

            (2)   The sign base and supporting material shall be equal to at least forty percent (40%) of the total allowable sign square footage, and shall not be counted toward the sign area. The base shall be attached to the ground for its entire horizontal width of the sign. The base shall be stone, brick, or decorative masonry and shall not contain any sign copy.

         c.   Menu Signs: In addition to the freestanding sign allowed by chapter 23 of this title, convenience food uses may display menu signs related to drive-through facilities when approved subject to section 11-66-7G of this title, provided that:

            (1)   Not more than two (2) menu signs per drive-through lane are allowed.

            (2)   The menu sign(s) shall be single sided with an area not to exceed fifty (50) square feet.

            (3)   The height of the menu sign(s) shall not exceed eight feet (8') including its base or pole measured from grade to the top of the structure.

            (4)   The menu sign(s) shall not encroach into any principal building setback and shall be located directly adjacent to the drive-through aisle and oriented in such a manner so that the sign provides information to the drive-through patrons only and does not provide supplemental advertising to pass-by traffic and does not impair site visibility or obstruct circulation.

   F.   Drive-through service windows accessory to an allowed use, other than convenience food, provided that:

      1.   Drive Through Lane: A segregated automobile stacking lane sufficient for the traffic generated by the use shall be provided for the service window.

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

      3.   Use Of Street: No part of the public street or boulevard shall be used for stacking of automobiles.

      4.   The drive through service window and drive through lane shall be screened from view of adjacent properties and public rights-of-way in accordance with section 11-21-9 of this title.

   G.   Essential services involving transmission pipelines and transmission or substation lines in excess of thirty three kilovolts (33 kV) and up to one hundred kilovolts (100 kV), as regulated by chapter 26 of this title.

   H.   Governmental and public utility buildings and structures; other than City of Lakeville.

   I.   Manufactured home parks, provided that:

      1.   The minimum area required for a manufactured home park designation shall be twenty (20) acres.

      2.   The following minimum lot requirements within the manufactured home park are:

 

 

      3.   The following principal structure setbacks are satisfactorily met:

 

 

      4.   Accessory buildings, uses and equipment comply with the applicable provisions of chapter 18 of this title.

      5.   Except as provided in chapter 17 of this title, the total ground floor area of all residential buildings shall not exceed a lot coverage of thirty percent (30%).

      6.   All residences are limited to a maximum height of one (1) story.

      7.   The public improvements within manufactured home parks are developed in accordance with title 10 of this code, which include:

         a.   Public utilities (telephone, cable, electric and/or gas service).

         b.   Sanitary sewer improvements.

         c.   Street and storm sewer improvements.

         d.   Water improvements.

      8.   Except as specifically regulated by this section, the provisions of sections 11-55-13 through 11-55-19 of this title are considered and satisfactorily met.

   J.   Multiple family dwellings within a stand-alone or mixed-use building, provided that:

      1.   Development density: The maximum development density within the M-2 District shall be determined by the following minimum lot area per unit standards as defined by Section 11-17-21 of this title:

         a.   Multiple-family dwellings:

            (1)   One thousand one hundred (1,100) square feet per unit.

            (2)   Buildings on lots abutting a RS district shall not exceed a floor area ratio of seven-tenths (0.7).

         b.   Senior assisted living or continuing care retirement communities: One thousand (1,000) square feet per unit.

      2.   Design and construction standards for principal and accessory buildings:

         a.   The exterior finish of stand-alone multiple-family dwelling structures shall include a variation in building materials which are to be distributed throughout the building elevations and coordinated into the architectural design of the structure to create an architecturally balanced appearance. In addition, multiple-family dwelling structures shall comply with the following requirements

            (1)   A minimum of fifty percent (50%) of the combined area of all elevations of a structure shall have an exterior finish of brick, stucco and/or natural or artificial stone, with the remainder of the exterior elevations having a finish of other grade A, grade B, and/or C materials.

            (2)   For the purposes of this section, the area of the building elevation shall not include area devoted to windows, entrance doors, garage doors, or roof areas.

         b.   The exterior finish of mixed use buildings combining commercial and multiple family dwelling uses shall be as specified in section 11-17-9D1 of this title.

      3.   An internal site pedestrian circulation system consisting of sidewalks with a minimum width of five feet (5') shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles clear of any obstacles or impediments.

      4.   Off-Street Parking: A minimum of one (1) of the off-street parking stall per dwelling unit required by Section 11-19-13 of this title shall be provided within an enclosed garage below the principal building.

      5.   Affordable Housing: Housing qualified for meeting city’s allocation of regional affordable housing as defined by the comprehensive plan may be exempted from subsections I2 and I4 of this title, provided guarantees satisfactory to the city are in place to ensure that “for sale” housing will meet the requirement for initial sales and “for rent” housing will meet the requirement for the initial ten (10) year rental period.

   K.   Nursing homes, residential care facilities, continuing care retirement communities and senior housing with services establishments licensed by the Minnesota department of health provided that:

      1.   Side and rear yards shall be screened in compliance with section 11-21-9 of this title.

      2.   Only the rear yard shall be used for recreational areas. Said area shall be fenced and controlled and screened in compliance with section 11-21-9 of this title.

      3.   The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated by the use.

      4.   All state statutes and rules governing such uses are strictly adhered to and all required operating permits are secured.

   L.   Personal wireless service antennas not located on an existing structure or tower, as regulated by chapter 30 of this title.

   M.   Pet shops which may include pet grooming, pet supplies, and/or pet accessories, provided that:

      1.   All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties or tenants in the case of multiple occupancy buildings.

      2.   Animal wastes are disposed of at least once each day via an existing sanitary sewer system or enclosed in a container of sufficient construction at least once a day to minimize odors.

      3.   The floors and walls of pet grooming areas are made of nonporous materials or sealed concrete to make them nonporous.

      4.   All applicable requirements of this code regarding the keeping and care of animals are satisfactorily met.

      5.   No commercial boarding or kenneling of animals shall be allowed.

      6.   The breeding of cats and dogs is prohibited unless expressly allowed by the conditional use permit.

      7.   All applicable provisions of Minnesota statutes sections 346.35 through 346.58 regarding the commercial keeping and care of animals are satisfactorily met.

      8.   All animals to be sold are acquired from a licensed animal broker.

   N.   Veterinary clinics provided that:

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

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

      3.   An animal kennel is permitted as a use accessory to the veterinary clinic provided that:

         a.   The number of animals boarded shall not exceed twenty (20).

         b.   An indoor exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. No outdoor exercising of animals shall be permitted.

         c.   A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between sixty degrees (60°) and seventy five degrees Fahrenheit (75°F).

         d.   A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals.

         e.   Indoor animal kennel floors and walls shall be made of nonporous materials or sealed concrete to make it nonporous.

         f.   Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day.

         g.   The appropriate license is obtained from the City Clerk and the conditions of section 5-1-12 of this Code are met.

         h.   All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met.

      4.   There shall be adequate physical separation within a multiple occupancy building between the veterinary clinic and other individual tenant spaces to protect public health and safety.

   O.   Commercial kennels for dogs, cats, and other domestic animals provided that:

      1.   The facility shall be licensed in accordance with the rules of the Minnesota Board of Animal Health.

      2.   Indoor animal kennel floors and walls shall be made of nonporous materials or sealed to make it nonporous.

      3.   A room or cage separate from the primary kennel area shall be provided to adequately separate animals that are sick or injured from healthy animals.

      4.   All animal waste shall be disposed of at least once per day to prevent a public nuisance by being flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms that shall be emptied by a waste disposal service a minimum of two (2) times every seven (7) days, or as otherwise determined to be necessary to protect public health, safety and welfare.

      5.   A ventilation system shall be provided capable of completely exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated for the keeping of animals, exclusive of offices, pursuant to chapter 1346 of the Minnesota State Building Code.

      6.   Within a multiple tenant building, there shall be adequate physical separation, including soundproofing, between the kennel and other individual tenant spaces to protect public health and safety and prevent nuisance issues.

      7.   Outdoor exercise areas shall be allowed for a kennel within a single occupancy building only, subject to the following requirements:

         a.   The property shall be set back a minimum of five hundred feet (500') from any Residential District.

         b.   The outdoor exercise area shall be located only within an interior side yard or rear yard.

         c.   The outdoor exercise area shall be set back a minimum of fifteen feet (15') from all lot lines.

         d.   A solid fence with a minimum height of six feet (6') shall be provided in compliance with the requirements of section 11-21-5 of this title to screen the outdoor exercise area from surrounding properties and public rights-of-way.

         e.   The outdoor exercise area shall be contained within a raised curb to contain waste runoff and must include a waste filtration bed with once per year excavation and disposal or connection to the sanitary sewer system.

         f.   An attendant shall be present at all times to control animals that are outdoors and prevent nuisance issues including, but not limited to, noise.

         g.   No animals shall be allowed to be outdoors between the hours of ten o’clock (10:00) p.m. and six o’clock (6:00) a.m.

   P.   Microdistilleries with tasting rooms.

   Q.   Small breweries with taprooms.

(Ord. 1031, 6-1-2020; amd. Ord. 1052, sec. 33, 9-7-2021; Ord. 1078, 6-5-2023; Ord. 1080, 6-5-2023; Ord. 1089, secs. 83 - 85, 56-6-2024; Ord. 1098, 2-21-2025)

In addition to other uses specifically identified elsewhere in this title, and subject to applicable provisions of this title, the following are interim uses in the M-2 District and are governed by chapter 5 of this title:

   A.   Outdoor service, sale and rental as an accessory use, provided that:

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

      2.   Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting Residential District in compliance with section 11-21-9 of this title.

      3.   Sales area is surfaced with asphalt, concrete or pavers to control dust.

      4.   The use does not take up parking space as required for conformity to this title.

      5.   The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with section 11-5-7 of this title.

   B.   Outdoor storage as an accessory use, provided that:

      1.   Outside storage connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use.

      2.   The storage area is fenced and screened from view of neighboring residential uses, abutting Residential Districts and the public right-of-way in compliance with section 11-21-9 of this title.

      3.   The storage area is surfaced with asphalt, concrete or pavers to control dust.

      4.   The storage area does not take up parking space as required for conformity to chapter 19 of this title.

      5.   The storage does not include any waste, except as provided in section 11-18-11 of this title.

      6.   The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with section 11-5-7 of this title.

   C.   WECS exceeding the height limit of this district, as regulated by chapter 29 of this title. (Ord. 1031, 6-1-2020)

In addition to other uses specifically identified elsewhere in this title, and subject to applicable provisions of this section, performance standards established by this chapter, and processing requirements of chapter 8 of this title, the following are uses allowed in a M-2 District by administrative permit:

   A.   Connection of principal buildings across a property line for interior pedestrian or vehicle use, provided that:

      1.   The exterior materials for the structure connecting the principal buildings shall be consistent with the materials used for the principal buildings and shall comply with Section 11-17-9D of this title.

      2.   Setbacks:

         a.   Except for the structure connecting the principal buildings, each principal building shall comply with the setback requirements within each lot.

         b.   The structure connecting the principal buildings shall not encroach upon a required front yard or the required side yard of a corner lot.

      3.   The property owner(s) shall execute an agreement in a form approved by the City Attorney to be recorded with each lot for the structure connecting the principal buildings that includes, but is not limited to, provisions that address:

         a.   Responsibilities for maintenance and repair to the structure connecting the principal buildings.

         b.   Provision of utilities including temperature control, water, and/or electricity.

            (1)   Water service to the structure connecting the principal buildings shall be extended from the City water meter of one (1) of the connected principal buildings.

         c.   Removal of the structure connecting the principal buildings and termination of the agreement.

   B.   Essential services, except transmission pipelines and transmission or substation lines in excess of thirty three (33) kV and up to one hundred (100) kV, as regulated by chapter 26 of this title.

   C.   Multiple principal buildings on one lot of record, provided that:

      1.   Lot Requirements: The lot shall conform to the minimum lot area and lot width requirements of section 11-66-13 of this chapter.

      2.   Setbacks: Setbacks between multiple principal buildings within the same base lot shall be a minimum of twenty feet (20').

      3.   Common Areas: All common areas including, but not limited to, open space, wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks, etc., shall be maintained in one of the following ways:

         a.   All of the property including buildings and common areas shall be owned by a single entity.

         b.   Common interest community ownership pursuant to Minnesota Statutes 515B.

         c.   The property shall be divided into a base lot and unit lots to allow for individual ownership of the principal buildings or individual tenant spaces within the principal building, with each owner of a unit lot having an equal and undivided interest in the common area, subject to the following requirements:

            (1)   The tenant space related to each unit lot shall have an exclusive exterior entrance.

            (2)   A management association shall be established for all commercial developments with multiple principal buildings subdivided in a base lot/unit lot configuration that is to be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of driveways and parking areas, subject to review and approval of the city attorney.

      4.   Utilities:

         a.   Underground Or Exterior Service: All utilities including telephone, electricity, gas, and telecable shall be installed underground. Exterior utility meters and fixtures shall be located in interior side or rear yards when possible and shall be screened from view of adjacent properties and the public right of way.

         b.   Public Utility Service: Separate public utility services shall be provided to each unit unless exempted by the city engineer.

            (1)   Water connection: A shutoff valve for each individual unit shall be provided.

            (2)   Sewer connection: Where more than one unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the maintenance association or owners.

   D.   Open or outdoor sales, rental or display as an accessory use in association with an allowed principal use provided that:

      1.   The area so occupied shall not exceed ten percent (10%) of the principal building.

      2.   No storage or display of merchandise shall be permitted in required rear, side or front yards and shall be limited to the area of the customer entrances.

      3.   The outdoor sales, rental or display area shall be included in the calculations for parking spaces required for the use and shall not occupy space required for parking as stipulated by chapter 19 of this title, except as may be exempted for cause by the Zoning Administrator.

      4.   Propane sales (not refilling) limited to twenty (20) pound capacity tanks provided that:

         a.   The propane tanks are secured in a locker and meet all state uniform building and fire codes.

         b.   The storage locker shall be located upon a concrete or asphalt surface adjacent to the principal building.

         c.   The storage locker shall not encroach into any required principal building setback, required parking stall, drive aisle or pedestrian sidewalk or otherwise impede vehicle and pedestrian circulation.

   E.   Personal wireless service antennas located upon an existing structure or tower or temporary mobile tower as regulated by chapter 30 of this title.

   F.   Temporary, outdoor promotional events and sales provided that:

      1.   Outdoor Sales (Except Promotional Events, Christmas Trees And Transient Merchant Sales):

         a.   Such activity is directed toward the general public and includes grand openings, warehouse sales, sidewalk sales, inventory reduction or liquidation sales, distressed merchandise sales, and seasonal merchandise sales (except Christmas trees).

         b.   The following specific standards shall apply to all proposed temporary outdoor sales activities allowed by this subsection and by city code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator:

            (1)   The maximum total time for temporary outdoor sales activities shall be the period specified in the administrative permit and, in no case, shall exceed sixty (60) days per calendar year per property.

            (2)   here shall be no more sales activities than those specified in the administrative permit and, in no case, shall there be more than ten (10) sales activities per year per property.

            (3)   Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access. Temporary sales on unpaved landscaped areas is prohibited.

      2.   Promotional Events, Outdoor Christmas Tree And Transient Merchant Sales:

         a.   Such activity is directed toward the general public and consists of the sales of cut evergreen trees, boughs, wreaths and other natural holiday decorations and related products, sales of produce or other licensed transient sales and displays of materials that are typically not sold or serviced on the site.

         b.   The following specific standards shall apply to all proposed outdoor events and sales allowed by this subsection and by city code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator:

            (1)   The maximum total time for sales activities shall be the period specified in the administrative permit and, in no case, shall exceed ninety (90) days per calendar year per property.

            (2)   There shall be no more than one sales activity per year per property, which shall be in addition to any promotional events or other outdoor sales permitted on the property.

            (3)   Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with seasonal parking demand, traffic, circulation or emergency vehicle access. Sales on unpaved landscaped areas are prohibited.

      3.   General Standards:

         a.   The event shall be clearly accessory to or promoting the permitted or conditional use approved for the site. Only merchandise which is normally manufactured, sold, or stocked by the occupant on the subject premises, except Christmas trees and plant sales, shall be sold and/or promoted.

         b.   Tents, stands, and other similar temporary structures may be utilized, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site.

         c.   The submitted plan shall clearly demonstrate that adequate off street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of chapter 19 of this title. Consideration shall be given to the parking needs and requirements of other occupants in the case of multiple-tenant buildings. Parking on public right of way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the chief of police, at the petitioner's expense.

         d.   Signage related to the event shall be in compliance with the temporary sign standards of chapter 23 of this title and shall be allowed for the duration of the event. Special signage for purposes of traffic direction and control may be authorized by the Zoning Administrator; the erection and removal of such signage shall be the responsibility of the applicant.

         e.   The approved permit shall be displayed on the premises for the duration of the event.

   G.   Temporary structures as regulated by chapter 28 of this title.

   H.   WECS that comply with the height limit of this district, as regulated by chapter 29 of this title.

   I.   Daycare facilities as an accessory use provided that the use complies with the provisions of chapter 31 of this title.

   J.   Unattended outdoor receptacles for accepting donations to an organization as a secondary use:

      1.   There shall not be more than one (1) outdoor donation receptacle per property.

      2.   The location of the donation receptacle shall be clearly indicated on the site plan and reviewed at the time of application for an administrative permit.

      3.   The donation receptacle shall be located upon a concrete or asphalt surface directly abutting the principal building and shall not impede vehicle and pedestrian circulation within the site or encroach into any:

         a.   Public right of way.

         b.   Required principal building setback.

         c.   Required parking stall or drive aisle.

         d.   Private pedestrian sidewalk reducing its width to less than three feet (3').

      4.   The footprint of the donation receptacle shall not exceed twenty four (24) square feet.

      5.   The height of the donation receptacle shall not exceed seven feet (7') in height.

      6.   Any signage shall be affixed to the side(s) of donation receptacle and shall not exceed fifty percent (50%) of the area per side of the donation receptacle; contact information for the owner shall also be displayed on at least one side of the donation receptacle.

      7.   The donation receptacle must be maintained so as to be secure, not have graffiti and otherwise free from damage and in good repair so as not to cause a public nuisance.

      8.   Items shall not be left outside of the donation receptacle and the property owner shall be responsible to provide for daily inspection to ensure compliance.

      9.   Noncompliance with the requirements of this subsection H or any stipulations of approval may result in revocation of the administrative permit and require immediate removal of the donation receptacle. (Ord. 1031, 6-1-2020; amd. Ord. 1078, 6-5-2023; Ord. 1080, 6-5-2023)

 

 

 

 

(Ord. 1031, 6-1-2020)

Except as provided for by section 11-17-7 of this title or other requirements, exceptions and modifications set forth in this title, no structure within the M-2 district shall exceed the following height:

   A.   Principal Buildings: Four (4) stories or forty eight feet (48'), whichever is less.

   B.   Accessory Buildings: As regulated by subsection 11-18-9C of this title. (Ord. 1031, 6-1-2020)