This article sets forth the uses that are allowed in the business district, If a use is not shown as a permitted, conditional or accessory use, it shall not be permitted.

(Code 2003, § 36-461)

Permitted uses in the B Business District include retail sales, personal service businesses, essential services, cannabis retailers and cannabis retail uses subject to the cannabis business buffer and cannabis business retail limit, cannabis delivery services, and lower-potency hemp edible retailers. When retail sales or personal service businesses involve the repairing of motor vehicles, such repairs shall be limited to incidental repairs to and replacement of parts and motor services for motor vehicles not exceeding 12,000 pounds gross weight and licensed recreational vehicles of any size, which work uses parts and goods in stock and sold on the premises. Vehicles parked outside and awaiting service shall be considered as outdoor storage, and therefore shall be screened from public rights-of-way and from neighboring properties in compliance with section 36-817.

(Code 1984, § 375:75(1); Code 2003, § 36-481; Ord. No. 24-07, § 1(36-481), 6-3-2024; Ord. No. 24-22, § 2, 12-2-2024)

The following are permissible accessory uses in a B district:

(1)

Outdoor sales and display as an accessory use and meeting the following conditions:

a.

Such activities shall be at least 200 feet from any residentially zoned property unless separated by an arterial street.

b.

Such activities shall be limited to those items which require an out-of-doors location, such as, by way of example, living plants, automotive fuel, and any item which because of large volume or weight is more easily housed out-of-doors and is more convenient to the purchaser in an outdoor location, such as vending machines, salt, fertilizer, peat moss and cement, but not including items such as motor oil, fuel additives, batteries, or cartons or cases of soft drinks.

c.

On property located within this zoning district, temporary outdoor sales events may be conducted twice each calendar year for periods not to exceed ten days each without having to conform to the provisions of subsections (1)a and b of this section.

d.

On property located in this zoning district, temporary outdoor sales of seasonal products such as, but not limited to, Christmas trees or Easter flowers may also be conducted for periods not exceeding six weeks per calendar year (up to 24 weeks per calendar year for farm produce) so long as adequate paved off-street parking is provided and permanent sanitary facilities are available to sales personnel, provided that the period may be extended by the city administrator for a reasonable period.

(2)

Outdoor storage limited to the stockpiling of vehicles that must be licensed to be used on the public streets and highways of the state.

a.

Such storage shall be separated from residentially zoned property by at least 300 feet and from freeway rights-of-way by a distance of 600 feet.

b.

Outdoor storage may be located only in B zoning districts containing 20 acres or more in area.

(3)

Private antennas and towers in compliance with chapter 8, article V.

(4)

Geothermal systems in compliance with section 36-807.

(5)

Solar electric and solar thermal systems on a building or in rear yard screened from view in compliance with section 36-807.

(6)

Wind energy conversion systems if under 100 feet in height or attached to a building in compliance with section 36-807.

(Code 1984, § 375:75(2); Code 2003, § 36-482; Ord. No. 09-11, § 2, 10-5-2009)

(a)

Conditional uses in the B Business District are as follows:

(1)

Business or commercial planned unit developments as regulated by article II, division 2 of this chapter.

(2)

Buildings necessary for the operation of essential services.

(3)

Solar electric and solar thermal systems in the front yard or side yard, in compliance with section 36-807.

(4)

Wind energy conversion systems over 100 feet in height and/or more than one pole-mounted (not attached to building) system.

(b)

Interim uses in the B Business District are as follows: Firearms sales, provided that:

(1)

The interim user meets all conditions specified in section 36-110;

(2)

The interim user must at all times be in full compliance with all applicable state and federal laws and regulations related to firearms sales;

(3)

The applicant for an interim use permit for firearms sales shall provide proof of insurance policies or certificates of insurance acceptable to the city prior to issuance of the interim use permit. The insurance policies shall be issued by insurance companies authorized to do business in the state for coverage and limits as set forth below:

a.

1.

General liability policy providing coverage for bodily injury or property damage for claims arising out of the permit holder's actions or inactions in its firearms sales business for minimum combined single limits as follows:

(i)

General aggregate: $1,000,000.00.

(ii)

Each occurrence: $1,000,000.00.

2.

The policy shall be on annual basis or the full period of the license, and such policies shall include, but not limited to, premises and operations, independent contractors, and products.

3.

The city shall be named as an additional insured.

b.

Business auto policy covering owned (if any), non-owned, and hired autos with minimum combined single bodily injury and property damage liability limits of $1,000,000.00 each accident.

c.

Workers' compensation and employer's liability as required by the state.

Should any such policies be canceled or not renewed for any cause before the expiration date thereof, the issuing insurance company shall mail 30 days' written notice to the city clerk, except such notice shall be ten days for nonpayment of premium. If a policy is terminated for any reason, the right to conduct firearm sales under the interim use permit shall be automatically suspended upon the day the policy terminates, unless a new policy complying with this section is obtained and filed with the city clerk prior to the termination of the policy in force. The insurance policies shall be written with companies having a minimum Best's Key Rating Guide of A-VII, or as approved by the city's insurance agent.

(Code 1984, § 375:75(3); Code 2003, §§ 16-454, 36-483; Ord. No. 09-11, § 2, 10-5-2009; Ord. No. 22-23, § 1(a), 12-19-2022)

(a)

Lot requirements, setbacks and building requirements. All uses of whatever nature located in the B Business District shall comply with the following standards, subject to additional requirements, exceptions and modifications set forth in this chapter. Development in this district shall not be allowed without public sewer and water.

(1)

Minimum lot size: one acre.

(2)

Setbacks.

a.

From street right-of-way: 30 feet.

b.

From side lot lines: ten feet.

c.

From rear lot lines: ten feet.

d.

From residentially zoned property: 100 feet, unless separated by a street.

e.

All setbacks shall be increased one foot for every foot or portion thereof by which building height exceeds 35 feet.

(3)

Landscaped area. Landscaping as required by section 36-805 shall occupy at least the following minimum lot area:

a.

Lots adjacent to residentially zoned property, except a lot having an area of more than ten acres and developed as a PUD: 30 percent.

b.

All other lots: 25 percent.

(4)

Screening. Screening as required in section 36-791 shall be provided as follows:

a.

All lots must be separated from abutting residential zoning by a buffer yard as described in section 36-791(g).

b.

Outdoor storage must be screened from all lot lines.

c.

Outdoor sales and display shall be screened from all lot lines.

d.

Parking lots shall be screened from residentially zoned properties.

e.

Loading docks and garage entrances and exits shall be screened so as to minimize visibility from any public street and from any residentially zoned property.

(5)

Building exteriors. Within the central business district and within 800 feet of the right-of-way of any freeway, all building exteriors shall be brick, stone or glass, or any combination thereof, except for trim accessories and the roof. The exteriors of all other buildings located elsewhere in the B district shall consist of brick, stone, or glass, or any combination thereof, or a decorative material approved by the city council, including, but not limited to, decorative masonry, but not including such things as plain basement block or metal.

a.

Exteriors of buildings in the B district for which a building permit had been issued as of February 27, 1991, are exempt from this requirement, as are additions to any such buildings.

b.

The city council shall be responsible for reviewing building designs and exterior materials and for making recommendations regarding building designs and exterior materials with regard to all buildings governed by this subsection, and shall be responsible for reviewing and making recommendations concerning alternate exterior materials.

c.

For purposes of this subsection, the term "central business district" means that area contained within the following described boundaries: beginning at the intersection of Elm Creek Boulevard and Weaver Lake road; thence east along Weaver Lake Road to Pineview Lane; thence south along Pineview Lane and the extension thereof to Interstate 94; thence westerly and northwesterly along Interstate 94 to its intersection with Weaver Lake Road; thence easterly along Weaver Lake Road to its intersection with the southerly extension of Rice Lake Road; thence northerly along Rice Lake Road and its southerly extension to its intersection with Maple Knoll Way; thence east along Maple Knoll Way to its intersection with Elm Creek Boulevard; thence south along Elm Creek Boulevard to the point of beginning.

(6)

Business to be conducted inside building; exceptions. All business permitted in this district shall be conducted in a building, with the exception that permissible accessory uses and drive-through facilities as regulated by this division shall be permitted.

(7)

Minimum building size. The minimum building size allowed on a lot in the B zone shall be 3,000 square feet.

(8)

Parking facilities. All parking facilities provided shall conform with the standards established in article IX of this chapter.

(9)

Loading facilities. Loading facilities shall meet the standards set forth in section 36-848.

(10)

Access. Lots of less than five acres in area shall not receive access directly from any arterial street.

(b)

Planned unit developments. Any development consisting of one or more lots owned or improved by the same person simultaneously and designed or required to contain at least 50,000 square feet of floor area shall be developed as a planned unit development pursuant to article II, division 2 of this chapter. Any such development containing less than 50,000 square feet of floor area may be developed as a planned unit development if specifically requested by the developer.

(c)

Drive-through and convenience food establishments. All portions of convenience food establishments and businesses with drive-through facilities shall be set back at least 300 feet from residentially zoned property as measured from the nearest property line or across an arterial or collector street from such property.

(d)

Petroleum storage. No petroleum products in excess of 500 gallons shall be stored or kept within 300 feet of any lake, pond, stream, wetland, or residentially zoned property.

(e)

Motor fuel stations. Any use which involves the dispensing of motor fuel to members of the general public for immediate consumption shall not be located on any lot which immediately abuts residentially zoned land.

(f)

Sexually oriented businesses. In addition to the standards otherwise set forth in this section, a sexually oriented business must comply with the following standards:

(1)

The business must be properly and currently licensed pursuant to the provisions of chapter 10, article IX.

(2)

The business or premises shall not be located within 750 feet of any premises currently licensed in accordance with chapter 10, articles VIII and XIV, and chapter 4, or within 750 feet of any licensed day care facility, private residence, house of worship, school, playground, park, library, or other community recreational center or facility, or any other sexually oriented business. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the lot containing or to contain the sexually oriented business to the nearest point of the lot containing one of the uses mentioned.

(3)

No sexually oriented business may be located in or on any building, premises, or lot already containing a sexually oriented business.

(g)

Pawnshops. In addition to standards otherwise set forth in this section, a pawnshop must also comply with the following standards:

(1)

The business must be properly and currently licensed pursuant to the provisions of chapter 10, article IX.

(2)

The business or premises shall not be located within 750 feet of any premises currently licensed in accordance with chapter 10, articles VIII and XIV, and chapter 4, or within 750 feet of any licensed day care facility, private residence, house of worship, school, playground, park, library, or other community recreational center or facility, or any other pawnshop. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the lot containing or to contain the pawnshop to the nearest point of the lot containing one of the uses mentioned.

(3)

No pawnshop may be located in or on any building, premises, or lot already containing a pawnshop.

(Code 1984, § 375:75(4); Code 2003, § 36-484; Ord. No. 04-13, § 1, 6-7-2004)