The purpose of the C-CBD district is to provide specifically for the regulation of high intensity commercial uses located within the central business district. (Ord. 867, sec. 111, 5-17-2010)

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

   A.   Adult education facilities.

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

   C.   Cannabis Retailer/Dispensary meeting the performance standards of chapter 38 of this title.

   D.   Cannabis Medical Retailer/Dispensary meeting the performance standards of chapter 38 of this title.

   E.   Banquet facilities with on-sale liquor.

   F.   Commercial recreation, indoor.

   G.   Tattoo Salon

   H.   Convenience restaurants without a drive through service window.

   I.   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.

   J.   Funeral homes and mortuaries.

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

   L.   Hotels.

   M.   Instructional classes.

   N.   Offices, general and medical.

   O.   Performing arts centers.

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

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

   R.   Restaurants, general with on-sale liquor.

   S.   Retail businesses.

   T.   Service businesses, on and off site.

   U.   Sexually oriented uses, principal.

   V.   Brew on premises.

   W.   Brewpub.

(Ord. 867, sec. 111, 5-17-2010; amd. Ord. 924, 7-7-2014; Ord. 1031, 6-1-2020; Ord. 1078, 6-5-2023; Ord. 1080, 6-5-2023; Ord. 1089, secs. 109, 110, 5-6-2024; Ord. 1090, 9-3-2024; Ord.1092, 9-16-2024)

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

In addition to other uses specifically identified elsewhere in this title, the following are conditional uses in a C-CBD 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 11-4-3E 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 curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service 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.   No outside storage except as allowed in compliance with this chapter.

      5.   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.

      6.   All conditions pertaining to a specific site are subject to change when the city 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 outside of activities included with motor fuel sales in chapter 37 of this title, 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 uniform 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.   Reserved.

   D.   Convenience restaurants, 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.   Drive-Through Windows: Service windows shall be allowed if the following additional criteria are satisfied:

         a.   Stacking: Not less than one hundred eighty feet (180') of segregated automobile stacking lane must be provided for the service window.

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

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

      7.   Circulation And Loading: The site design must accommodate adequate turning radius and vertical clearance for delivery vehicles in accordance with Section 22 of this title.

      8.   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 11-19-7 I of this title.

      9.   Noise: The stacking lane, order board intercom, and service window shall be designed and located in such a manner as to minimize automobile and communication noises, emissions, and headlight glare upon adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site. Noise control shall be required as regulated in section 11-16-25 of this title.

      10.   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.   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, 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.

   E.   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.

   F.   Drive-through service windows accessory to an allowed use, other than for convenience restaurants, provided that the following additional criteria are satisfied:

      1.   Stacking: 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.   Screening: The drive through service window and stacking 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.   Fitness centers limited to two thousand (2,000) square feet of gross floor area or less provided that:

      1.   Adequate off street parking and off street loading shall be provided in compliance with chapters 19 and 20 of this title.

      2.   The total number of stations shall not exceed one per one hundred (100) square feet of gross floor area.

      3.   The use is located and developed so as not to create an incompatible operation problem with adjoining and neighboring commercial and/or residential uses.

      4.   Hours of operation shall be limited to five o’clock (5:00) A.M. to eleven o’clock (11:00) P.M. unless otherwise allowed by the City Council.

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

   I.   Multiple family dwellings within a building existing as of June 7, 2021, provided that:

      1.   The residential dwelling units shall be located on the second floor or above.

      2.   Off-street parking for the residential use shall be provided as required by Section 11-19-13 of this title.

   J.   Multiple family dwellings within a mixed-use building constructed after June 7, 2021, provided that:

      1.   The property shall be guided for mixed use by the and Downtown Development Guide.

      2.   The maximum development density 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: No minimum requirement.

         (b)   Senior assisted living or continuing care retirement communities: No minimum requirement.

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

         a.   The exterior of 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)   Allowed exterior finish materials, not including for use on facias, trim, or roof, shall be limited to brick, stucco, natural or artificial stone, split face (rock face) concrete block, engineered wood siding, and/or cement fiberboard.

            (2)    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.

            (3)   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 of mixed use buildings combining commercial and multiple family dwelling uses shall be as specified in section 11-17-9.D of this title.

      4.   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.

      5.   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.

      6.   Affordable Housing. Housing qualified for meeting city’s allocation of regional affordable housing as defined by the comprehensive plan may be exempted from subsections 11-74-7.J.3(2) and 5 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.   The use of exterior building materials shall be as required for buildings in the RH-1 district.

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

   L.   Off street parking as a principal use; other than city of Lakeville.

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

   N.   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.

   O.   Religious institutions; also dwelling in micro units within a sacred community subject to Section 11-33-7 of this title.

   P.   Theaters, indoor.

   Q.   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.

   R.   Microdistilleries with tasting rooms.

   S.   Small breweries with taprooms. (Ord. 867, sec. 111, 5-17-2010; amd. Ord. 888, 2-21-2012; Ord. 897, 12-3-2012; Ord. 913, 11-4-2013; Ord. 924, 7-7-2014; Ord. 958, 3-21-2016; Ord. 996, 5-7-2018; Ord. 1015, 8-5-2019; Ord. 1018, 11-18-2019; Ord. 1031, 6-1-2020; Ord. 1047, 6-7-2021; Ord. 1078, 6-5-2023; Ord. 1080, 6-5-2023; Ord. 1089, secs. 111, 112, 5-6-2024)

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 C-CBD district and are governed by chapter 5 of this title: (Ord. 867, sec. 111, 5-17-2010)

   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. (Ord. 897, 12-3-2012)

   C.   WECS exceeding the height limit of this district, as regulated by chapter 29 of this title. (Ord. 867, sec. 111, 5-17-2010)

   D.   Single-family dwellings existing as of July 17, 2000, provided that:

      1.   The use shall be subject to the requirements applicable to single-family uses within the RS-CBD district. (Ord. 910, 8-5-2013)

      2.   One detached accessory building not greater than two hundred (200) square feet in area shall be allowed when the total area of said detached building and an existing attached accessory building would exceed the percentage of minimum lot area that may be occupied by accessory buildings established by subsection 11-18-9D1 of this title. (Ord. 910, 8-5-2013; amd. Ord. 936, 3-16-2015)

      3.   The interim use shall terminate upon subdivision or redevelopment of the property for a use allowed within the C-CBD district or as provided for by section 11-5-7 of this title. (Ord. 910, 8-5-2013)

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 C-CBD 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 11-73-13 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. (Ord. 867, sec. 111, 5-17-2010)

      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. (Ord. 888, 2-21-2012)

   E.   Outdoor seating areas accessory to a restaurant use:

      1.   The tables, chairs and other furniture of the seating area shall only be outdoors when the business is open to the public.

      2.   The seating area shall be located on the business property. Outdoor seating areas may be located upon public sidewalks directly abutting the business property subject to the following provisions:

         a.   A minimum five foot (5') pedestrian walkway shall be maintained upon the public sidewalk so as not to obstruct pedestrian traffic.

         b.   The outdoor seating area shall be set back a minimum of five feet (5') from the back of curb of a public street or private drive aisle.

         c.   The owner of the business property with an outdoor seating area located upon public sidewalks shall provide a certificate of general liability insurance with minimum coverage of three hundred thousand dollars ($300,000.00) naming the city as an additional insured.

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

   G.   Temporary outdoor sales, not including mobile food units, provided that:

      1.   The sales are directed towards the general public and includes grand openings, warehouse sales, sidewalk sales, inventory reduction or liquidation sales, distressed merchandise sales, and seasonal merchandise sales such as cut evergreen trees, boughs, wreaths and other natural holiday decorations and related products, sales of produce, other licensed transient sales, and displays of materials that are typically not sold or serviced on the site.

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

      3.   Temporary outdoor sales 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 with a minimum setback of ten feet (10') required from property lines.

      4.   Hours of operation for the temporary outdoor sales shall be limited to 7:00A.M. to 10:00P.M. each day.

      5.   Tents, stands, and other similar temporary structures may be utilized, provided they are clearly identified on a site plan.

      6.   A site plan shall be submitted that demonstrates that adequate off-street parking as required by chapter 19 of this title will be provided for the duration of the temporary outdoor stales and it is determined by the zoning administrator that the activity will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site.

      7.   Signage related to the temporary outdoor sales shall comply with chapter 23 of this title and shall be allowed only for the duration of the event.

      8.   The approved permit shall be displayed on the premises for the duration of the temporary outdoor stales.

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

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

   J.   Buildings combining the nonresidential uses allowed in this district, and residential uses, provided that:

      1.   The residential use shall not be located on the ground floor.

      2.   The residential and nonresidential uses shall not conflict in any manner.

      3.   The residential design and construction standards as outlined in the RH-1 district are met.

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

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

      1.   There shall not be more than one 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 J or any stipulations of approval may result in revocation of the administrative permit and require immediate removal of the donation receptacle. (Ord. 867, sec. 111, 5-17-2010; amd. Ord. 888, 2-21-2012; Ord. 897, 12-3-2012; Ord. 913, 11-4-2013; Ord. 1052, sec. 37, 9-7-2021; Ord. 1078, 6-5-2023; Ord. 1080, 6-5-2023)

Site and building design within the C-CBD district shall maintain a high standard of architectural and aesthetic quality in conformance with the comprehensive plan and the downtown development guide. (Ord. 867, sec. 111, 5-17-2010)

The following minimum requirements shall be observed in a C-CBD district subject to additional requirements, exceptions and modifications set forth in this title:

 

 

(Ord. 897, 12-3-2012)

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 C-CBD district shall exceed the following height:

   A.   Principal buildings: Three (3) stories or thirty five feet (35'), whichever is less.

   B.   Accessory buildings: As regulated by subsection 11-18-9C of this title. (Ord. 867, sec. 111, 5-17-2010)