Mendota Heights City Zoning Code
CHAPTER 3
ALLOWED USES
12-3A-1: USES CONTAINED IN THIS CHAPTER:
A. Purpose. This Chapter is intended to describe the land uses that are permitted; permitted provided certain performance standards or requirements are met; permitted with a conditional or interim use permit; or that are prohibited within the City.
B. Uses within the Base Zoning District. This Chapter is organized to establish the allowed and prohibited uses by Base Zoning District. All properties and land within the City have been assigned a Base Zoning District that shall regulate the uses contained within this Chapter.
C. Uses within an Overlay District. Properties fully or partially contained within an Overlay District may be subject to additional standards, requirements, or prohibitions regarding use. Established uses are categorized by the Base Zoning District, with additional restrictions, regulations or prohibitions provided in the applicable Overlay District following the Table of Uses.
D. Required Permits and Process. If a use requires an Administrative, Conditional, Interim or Administrative Permit the process shall be followed as described in Chapter [5] of this Zoning Ordinance. (Ord. 592, 9-17-2024)
12-3A-2: USES NOT IDENTIFIED IN THIS CHAPTER:
A. Uses not identified in this Chapter. If a proposed use is not specifically identified, permitted or prohibited in any Base Zoning District, the use shall be considered prohibited. In such case, the following steps may be taken to consider a Text Amendment to this Chapter:
1. The City Council or Planning Commission, on their own initiative, may conduct a study to determine if the use is acceptable, and if so, initiate a Text Amendment.
2. The Applicant, and the Fee Owner of the property if different, may make an application to the City to consider an amendment to this Chapter.
3. When a valid request, as established by subsection 1 or 2, is made for a Text Amendment the City shall initiate a study to determine if the use is appropriate, and if so, what Base Zoning District is most appropriate. The study shall also include any conditions and standards relating to the use.
4. The Zoning Text Amendment Process shall follow the process as established in Section [12-5B-3] of this Zoning Ordinance. (Ord. 592, 9-17-2024)
12-3A-3: GENERAL STANDARDS APPLICABLE FOR USES:
A. Other Agencies with Jurisdiction of Uses in the City. In addition to the standards and regulations established by the City contained within this Chapter, any use of property must comply with the standards established by other regulatory agencies and authorities that may have jurisdiction over the use. It is the Applicant or Property Owner’s responsibility to comply with any required regulations, standards and permitting of other agencies. The following list of other agencies are provided as reference, but such list may not be all inclusive.
1. Minnesota Department of Natural Resources (MnDNR), Minnesota Pollution Control Agency (MPCA), Minnesota Department of Health, Minnesota Board of Water and Soil Resources, Minnesota Department of Transportation (MnDOT), Minnesota Department of Agriculture, Dakota County, Federal Communications Commission (FCC). (Ord. 592, 9-17-2024)
12-3B-1: TABLE OF USES:
A. Table of Uses. The following Table [12-3B-1.1] Table of Uses is organized by Use Type/Classification and Base Zoning District. The Table of Uses classifies the identified use as either permitted, permitted through regulation, requirement, permit or prohibited.
B. Establishing Principal Use. The Table of Uses generally identifies principal uses of property except the subsection which explicitly identifies Accessory Uses. Each property must establish a Principal Use; however more than one use of a property may exist. In all cases the proper permits must be obtained for any principal or accessory uses of a property. It should be noted that if a mix of uses is present on a property the property may be subject to a Planned Unit Development (PUD).
P Permitted Principal Use
CUP Conditional Use Permit
IUP Interim Use Permit
AP Administrative Permit
blank Prohibited
*Note: If a use is not identified on the Table, then it is prohibited.
12-3B-2: USE SPECIFIC REGULATIONS:
A. Minimum Standards Established. The following Use Specific Regulations are established as minimum requirements. Any use identified on [12-3B-1.1 Table of Uses
] that requires an Interim Use Permit or Conditional Use Permit may be subject to additional reasonable conditions as established during the applicable permitting process.
B. Applicability. All uses must comply with the rules and regulations of the Base Zoning District, and any applicable Overlay District. Any use must also meet the rules and regulations of any other applicable agencies with jurisdiction of the subject use including local, State and Federal Agencies. (Ord. 592, 9-17-2024)
12-3B-3: RESIDENTIAL USE SPECIFIC REGULATIONS:
A. General Residential Standards. The City has determined that a variety of residential uses are permitted or permitted with certain conditions provided certain standards and regulations are met, and that proper permitting and processes are followed. The following standards are applicable to all uses identified in the RE, R-1, R-2 and R-3 Base Zoning Districts:
1. A principal residential use shall be present on each property.
2. Separate licenses or permits, which may be regulated by other Titles or Chapters of the City Code may be applicable and it is the responsibility of the Owner to obtain all necessary or required permits.
3. Accessory uses must be clearly incidental to the principal residential use.
B. Specific Residential Use Standards: The following specific use standards are established for Residential Uses as identified on the Table of Uses [12-3B-1.1]
and are organized alphabetically.
1. Customized (Assisted) Living Facilities . The following standards are established:
a. The assisted living facility is state licensed.
b. A maximum of seven (7) persons (not including the facility manager and professional care attendants) may reside on the premises.
c. A maximum of six (6) sleeping rooms (not including rooms utilized by the house manager and professional care attendants) per facility.
d. Facility residents must be 65 years of age or older.
e. The Applicant must provide proof that room size meets current state licensing standards for two (2) persons.
f. Facilities shall only be constructed or altered in a manner that is consistent with the single-family character of the neighborhood.
g. The property must be compliant with the City’s property maintenance code, as well as other applicable municipal codes, including, but not limited to, minimum parking requirements.
2. Farming Operations. All existing farms will be permitted to continue operation after the abolition of the Farm Residence District within the City, subject to the following conditions:
a. Agriculture Permitted; Exceptions: Agriculture, excepting commercial animal farms, fur farms, kennels and poultry farms, but including truck gardening and other horticultural uses, and horses for use of the occupants of the premises, is a permitted use in the district in which an existing operation or private stable is located; provided, that any new private stable or other new building in which farm animals are kept shall be a distance of 100-feet or more from any other lot in an R District.
b. Sales Of Agricultural Products. Limited sales of products produced may be conducted on the premises from a roadside stand, but such stand shall not exceed one story in height or 500 square feet in floor area, and no portion of any such stand shall be located or erected nearer than 50-feet from any street line.
3. State Licensed Residential Program. The following standards are established:
a. Must be a licensed program with capacity from seven (7) through 16 persons.
b. Must obtain a Conditional Use Permit.
c. The City Council may set reasonable conditions deemed necessary to assure proper maintenance and operation of a residential program that protects the health and safety of the residents of the facility. (Ord. 592, 9-17-2024)
12-3B-4: BUSINESS/COMMERCIAL USE SPECIFIC REGULATIONS:
A. General Standards. The City has determined that the following uses are permitted provided certain regulations and standards are met, and that proper permitting and processes are followed. The following standards shall be applicable to all uses identified in the Neighborhood Business and General Commercial Zoning Districts:
1. Any non-residential principal use shall meet the following minimum requirements, regardless of Base Zoning District:
a. Non-residential Principal Use: A minimum setback of 50-feet from all property lines abutting a Residential Base Zoning District or established residential use.
b. Any Use or Structure associated with the keeping of animals: 100-feet setback from all property lines abutting a Residential Base Zoning District or established residential use.
c. A Site Plan must be submitted for review and approval for any proposed changes or modifications to the exterior of building, site, or for a change in use, as established in Section [12-5B-4
].
B. Specific Business/Commercial Use Standards. The following specific use standards are established for Business/Commercial Uses as identified on the Table of Uses [12-3B-1.1]
and are organized alphabetically.
1. Adult Uses.
a. Intent and Purpose.
(1) The City Council for the City of Mendota Heights deems it necessary to provide for the special and express regulation of businesses or commercial enterprises which operate as adult uses and similar sexually-oriented services operating under different names in order to protect the public health, safety and welfare, and to guard against the inception and transmission of disease.
(2) The City Council also finds the nature of Adult Uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as Schools, Daycare Centers, Libraries or Parks. Furthermore, the concentration of Adult Uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of Adult Uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential uses. Special regulation of Adult Uses is necessary to ensure that the adverse secondary effects will not contribute or enhance criminal activity in the area of such uses nor will it contribute to the blighting or downgrading of the surrounding property and the lessening of its value.
(3) The City Council further finds that control and regulation of commercial establishments of these types, in view of the abuses often perpetrated, require intensive efforts by the police department and other departments of the City. As a consequence, the concentrated use of City services in such control detracts from and reduces the level of service available to the rest of the community and thereby diminishes the ability of the City to promote the general health, welfare, morals and safety of the community. In consideration for the necessity on the part of the City to provide numerous services to all segments of the community without a concentration of public services in one area working to the detriment of the members of the general public, it is hereby decided that the above described uses should be limited to the I-Industrial Zoning Districts as a Conditional Use only.
b. Definitions. The Definitions applicable to Adult Uses are established within [Chapter 8] and are categorized as Adult Uses.
c. Standards. Adult Uses shall be permitted by a Conditional Use Permit only, and in accordance with City Code [Section 12-5B-5
] of this Zoning Ordinance and subject to the following conditions:
(1) Conditional Use. The provisions and standards of Section [12-5B-5
] are fully considered and satisfactorily met.
(2) Location. Adult Uses shall be located at least 600 radial feet, as measured in a straight line from the closest point to the property line of the building upon which the Adult Use is located to the property line of the following uses or areas:
(A) Any Residential Base Zoning District(s) and any established residential use(s).
(B) Any building which is utilized for residential purposes.
(C) Licensed daycare centers, pre-school and/or nursery schools.
(D) An elementary, middle or secondary school.
(E) A government building.
(F) A public park, pool or community center.
(G) A commercial recreational use.
(H) A church, chapel, temple, synagogue or faith-based place.
(I) Another Adult Use.
(3) Single Uses Only. Each Adult Use activity, as defined by this Chapter, shall be classified as a single use. No two Adult Uses shall be located in the same building or upon the same property, except that adult bookstores, motion picture rental and sales and novelty sales may be permitted in combination in the same building.
(4) Any related retail sales services area for an allowed Adult Use shall meet the provisions and standards of Section [12-3B-7
] Accessory, enclosed retail sales.
(5) Signs. In order to protect children from exposure to lurid signs and materials and in order to preserve the value of property surrounding adult-oriented uses and business, the following sign regulations shall apply to all Adult Uses in the City:
(1) All signs shall be a simple nameplate or business sign as regulated by Section [12-4A-11
].
(2) No sign shall be freestanding, located on the roof, or contain any flashing lights, moving elements, electronically or mechanically changing messages, or manual reader boards.
(3) No sign shall contain any message or image that identifies specified sexual activities or specified anatomical areas as defined herein.
(4) No merchandise, photos, or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk or public right-of-way adjoining the building or structure in which the sexually oriented business is located.
(5) No signs shall be placed in any window. A one-square-foot sign may be placed on the door to state hours of operation and admittance to adults only.
d. Prohibited with Certain Entertainments. Adult use activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical, or other performance or exhibition presented to the general public where minors are permitted.
e. Hours To Be Closed. No Adult Uses as defined in this article, shall be open for business between the hours of 1:00 AM to 8:00 AM.
f. City Licenses. Nothing in this Article shall be construed to abrogate any Adult Use operation from obtaining any and all necessary State and City licenses for such operation.
g. Adult-oriented businesses or adult-oriented uses shall be prohibited in any establishment where alcoholic beverages are licensed or served.
h. Obscene Activities Prohibited. Activities classified as obscene, as defined by Minnesota Statutes Section [617.241] are not permitted and are strictly prohibited.
2. Animal Hospital (Cat Clinic, veterinary clinic, similar).
a. As used hereunder, the term “animal hospital or veterinary clinic” shall be deemed to mean a facility for the diagnosis, treatment and medical care of small animals, in which all professional services are conducted within an enclosed building, and which includes the kenneling of animals. The term “cat clinic” shall be deemed to mean a facility for the diagnosis, treatment and medical care of domestic cats only.
b. Any Conditional Use Permit for an animal hospital, cat clinic, veterinary clinic or similar shall be subject to the following conditions:
(1) Noise. No noise from the operation of the facility shall be discernible beyond the boundaries of the lot on which the use is conducted.
(2) Odors. Odor control shall consist of a ventilation system designed so that no odors or organisms will spread between wards or to the outside air. An air conditioning system may be required, with windows double glazed with fixed sash.
(3) Dead Animal Storage and Disposal. An approved system shall be provided for the storage and disposal of dead animals off the premises.
(4) Large Dog Facilities. Large dog facilities for indoor exercise of such animals shall be provided. No outside pens shall be permitted.
(5) Screening and Landscaping. When abutting a Residential Base Zoning District, an approved screening and landscaping plan shall be filed and developed along the property boundary lines that abut the R District.
(6) Hours of Operation. Hours during which the facility will be open to the public for the receiving and pick up of animals shall be approved by the City Council to ensure compatibility with surrounding land uses.
(7) Off Street Parking. Off street parking facilities shall be provided, of at least the ratio required for professional offices under [12-4A-9
] of this title.
(8) Live In Facility. An animal hospital may include a live-in facility to permit a staff member to be on the premises 24-hours per day. Such facility shall be limited to six hundred twenty (620) square feet of floor space.
3. Brewery, Cidery or Micro-Distillery. A brewery, cidery, or micro-distillery must comply with the following standards and regulations:
a. A full operations plan must be submitted with the application to describe, at a minimum, the hours of operations, number of employees, events/tours plans, etc.
b. Any proposed food service must be accessory to the proposed use as a brewery, cidery, or micro-distillery unless a separate permit (if applicable) is obtained for restaurant services.
c. Sale of retail goods that support the business must be promotional branded/directly applicable to the operations.
d. Any proposed brewery, cidery or micro-distillery must comply with the standards established within the Minnesota State Statutes for operations including on and off sale standards, licensing, etc.
e. Production and/or operations that exceed the micro-distillery standard as established by the applicable Minnesota State Statute are not permitted.
4. Commercial Recreation, Outdoor. The following conditions must be met:
a. The outdoor commercial recreation use must be accessory to a permitted or conditionally permitted principal use.
b. Outdoor recreation uses must be compatible and consistent with the principal use.
c. Adequate parking, that complies with Section [12-4A-9
] must be provided on site. The total area used for the outdoor commercial recreation use shall be used to determine the required number of stalls.
d. A site plan must be submitted to show the site layout, type and location of outdoor recreation uses proposed, the parking configuration, any proposed exterior lighting locations, and proposed landscaping.
e. An operations plan must be submitted that includes the proposed hours of operation.
5. Drive-thru/Drive-In Business.
a. Site Requirements.
(1) Access. The facility shall be located on a site having direct access to a minor arterial street, collector or service road.
(2) Lot Area. Minimum lot area shall be one-half acre.
(3) Parking, Driveways and Drive through facilities.
(A) Setbacks. All portions of the drive through facilities including, but not limited to, service windows, ordering stations and stacking spaces, shall be set back at least 200-feet from any property zoned or guided for residential uses; unless screened by an intervening building or located across an arterial or major collector street.
(B) Parking and driveway areas shall be at least 15-feet from any exterior property line.
(C) There shall be required one parking space for each employee per shift in addition to at least one parking space for each 15 square feet of gross floor area in the building as per [Table 12-4A-7.3
], entry reading “drive-in and fast food restaurant”.
(D) Required Stacking Spaces.
i Businesses with one drive through lane must provide stacking space for at least four vehicles, and businesses with two or more drive through lanes must provide stacking space for at least six vehicles total as measured from the pick-up station. Stacking spaces must not interfere with parking spaces or traffic circulation.
(4) Landscaping and Lighting. A landscaping and lighting plan shall be submitted for approval.
(5) Screening and Fencing. If the drive through facilities abuts a Residential Base Zoning District, a landscaping screen or fence must be constructed to screen all elements of the drive through service area. If a fence is installed it must be six feet (6') tall and must be constructed to a minimum of 80-percent opacity. A fence is not required in the front yard.
(6) Food, goods and services are permitted within a drive through business operation. No alcoholic beverages may be sold or served within a drive through or drive-in business.
(7) Signs.
(A) Banners, pennants and other similar promotional devices shall not be permitted.
(8) Exterior Materials of Structures. All structures shall be finished, and the materials must be compatible and visually consistent to create a cohesive appearance.
6. Hotel/Motel.
a. Any hotel or motel may be a maximum of 60-feet in height.
b. Hotel or motel operations must include 24-hour on-site management and/or staff.
c. A security and operations plan must be submitted for review and approval as part of the permit process. Any change in management or operations shall be submitted to the City for review of compliance with the Conditional Use Permit and any other applicable permit.
7. Motor Fuel Stations and Motor Fuel Station Convenience Stores.
a. Conditional Use Permit Required. All motor fuel stations and motor fuel station convenience stores shall require the issuance of a Conditional Use Permit as per Table [12-3B-1.1] Table of Use
s of this Chapter.
b. Compliance With State Regulations; Flammable Liquids.
(1) Any building used as a motor fuel station or convenience store shall be constructed and maintained as required by the rules and regulations relating to the State Fire Marshal governing the handling, storage and transportation of flammable liquids.
(2) Every facility, whether underground or aboveground and whether indoors or outdoors, for the handling, storage, and movement of flammable liquids shall be constructed and maintained in accordance with the rules and regulations of the State Fire Marshal.
c. Yards and Setbacks.
(1) Notwithstanding anything to the contrary in other Sections of this Chapter, the following minimum requirements shall be observed for yards and setbacks of motor fuel stations and convenience stores:
(2) Each side abutting a public street shall be considered a front yard.
(3) A setback of any overhead canopy structure, whether freestanding or projecting from the station, must be setback a minimum of 20- feet from the street right-of-way line and from any adjacent property line. If abutting a residential use, the setback must comply with Section [12-3B-4
.A.1].
d. Height Limit. Total height of any overhead canopy or weather projection shall not exceed 20-feet.
e. Parking And Driveways.
(1) The surface parking and service areas, except for access driveways, must be setback a minimum of 20-feet from any exterior property line.
(2) Entire motor fuel station site other than that part devoted to landscaping and structures shall be surfaced with asphalt or cement concrete surfacing to control dust and provide adequate drainage, and such surfaces shall be designed to fit the requirements of a minimum seven (7) ton axle load.
(3) All interior curbs shall be constructed within the property lines to separate driving, parking and service areas from landscape and the public right-of-way areas. Such curbing shall be constructed of concrete and shall be of a six inch (6") insurmountable design.
(4) The minimum distance between driveways shall be 30-feet measured along the property line.
(5) The minimum driveway angle shall be 45 degrees.
(6) All surface parking spaces must be located in the side and/or rear of the principal structure and may not be adjacent to the street.
(7) A minimum of four (4) outside parking spaces plus three (3) additional outside parking spaces for each enclosed service stall shall be provided. One additional outside space shall be provided for each 150 square feet of floor space devoted to retail sales in a motor fuel station convenience store. In the case of rental of trailers, trucks and other vehicles, one parking space shall be provided for each rental unit.
(8) Access and parking areas shall be designed to provide an adequate means of access to a public alley or street. Said driveway access may not exceed 30-feet in width at the public street right-of-way line and must be limited to cause the least interference with the traffic movement. All public parking areas shall have access off driveways and not directly off a public street. All outside parking spaces shall be clearly marked on the pavement.
f. Storage and Sale of Vehicles and Products.
(1) All rental campers, trailers, or motor vehicles must be stored within the rear and/or side yard and may not be stored or parked adjacent to a public street.
(2) Service station premises shall not be used as a place of storage for wrecked, abandoned or junked automobiles. No motor vehicle in need of repair shall be stored on the premises of a service station for a continuous period of more than seven (7) days, except when so stored pursuant to a police directive.
(3) Open storage of inoperable motor vehicles is not permitted for a period of more than forty eight (48) hours.
(4) Service station premises may be used as a place of sale or resale, or as a place for display for sale or resale, of new or used motor vehicles with a gross vehicle weight of 10,000 pounds or less, subject to the following standards:
(A) Only businesses that provide on-site automotive repairs will be licensed to conduct such vehicle sales;
(B) No vehicles shall be marked or have any visible signs indicating “For Sale” or similar;
(C) Vehicles for sale under this provision will be limited to a maximum of two (2) vehicles on the site;
(D) Vehicles for sale shall not be placed in any front yard setback (including a corner front yard) of the subject property, and vehicles must be stored in an inconspicuous area of the property as approved by the Zoning Administrator.
(5) All goods for sale by the motor fuel station or convenience store shall be displayed within the principal structure. Outside display or sales is not permitted.
(6) Tires for sale may not be stored or displayed outside the service station structure, except: a) in a display rack during business hours; or b) in a permanent outside display container that is completely enclosable, which must be located in conformance with the setback requirements of this Chapter. Such display container must be closed when the station is not open for business.
g. Architecture and Landscaping.
(1) A minimum of a 20-feet landscaped yard shall be planted and maintained within all property lines except at driveway entrances.
(2) Each motor fuel station shall be architecturally designed to be compatible with the general architectural intent of the area in which it is located.
(3) For the purposes of architectural appropriateness, every side of the motor fuel station is considered a front face.
(4) Wherever a motor fuel station abuts a Residential Base Zoning District, a fence or compact evergreen hedge that is a minimum of 50 percent opaque and a minimum of six feet (6') high must be erected and maintained along any property line that abuts the Residential Base Zone District. A compact evergreen hedge or fence within 15-feet of any street right-of-way line is not required.
h. Lighting. All outdoor illumination shall be provided with lenses, reflectors or shades which shall concentrate the light upon the premises to prevent any glare or rays of light being directly visible upon adjacent street or roadway, or adjacent property. Site lighting must comply with Section [12-4D-3] of this title.
i. Debris, Trash and Waste.
(1) Used oil cans, discarded auto parts, discarded tires, trash, waste materials, and similar items of debris shall not be stored on service station premises, unless such items of debris are located in an enclosure and are completely out of public view. Such debris shall be removed from the premises at least once a week.
(2) No materials shall be burned on the premises of a service station, except in an approved commercial incinerator complying with the ordinances of the City. Barrels and similar containers shall not be used for incineration.
8. Residential Programs for Treatment of Chemically Dependent Adults. In reviewing a Conditional Use Permit for such a facility, the City Council shall consider the following:
a. The program shall at all times hold and be entitled to a valid license from the Minnesota Department of Human Services.
b. A maximum of ten (10) adults may reside at the facility.
c. All residents must be of the same gender.
d. 24-hour supervision must be provided for all residents.
e. No person whose residency is imposed by court order is allowed to reside at the facility.
f. A maximum of 30 days within one year commencing with the resident’s first day of admission is permitted. No more than three (3) such admissions per resident are permitted during said year.
g. The facility must be designed to meet all requirements regarding utilities and on-site parking to support the operations and estimated number of residents.
h. The City Council may apply any other reasonable conditions based on the proposed operation.
i. The admitted residents must have the primary diagnosis of chemical dependency.
j. Residential treatment facilities must occupy a building that are not used for any other purpose.
9. Retail Sales and Services. Retail sales and services are any establishments where goods or services are bought and sold, and where patrons and customers visit the location. Examples of retail sales and services include, but are not limited to, clothing stores, jewelry shops, shoe stores, hair salons/barber shops, craft stores, grocery stores, etc. The level of activity generally corresponds to the size of the store or shop and clients and/or customers predominantly visit in person. All retail sales and service operations must comply with the following standards.
a. General Standards.
(1) All proposed retail operations must provide adequate parking for employees and customers. Required parking must be accommodated on-site, and any shared parking agreements must be reviewed and approved by the City. Required parking ratios are established in Table [12-4A-7.3
] of this Zoning Ordinance.
(2) Parking areas may be set back ten feet (10') from a front property line or side property line abutting a street provided all Principal Building Setbacks are met.
(3) Any required parking proposed to be met through a shared parking lot, must be granted and agreed to into perpetuity and recorded by a covenant, deed restriction, or other agreement acceptable to the City.
(4) Open to the Public. To be considered a Retail Sales or Service business, a minimum of ten percent (10%) of the floor area must be open to the public.
(5) Landscaping. At least 25 percent of the land area shall be landscaped with grass, approved ground cover, shrubbery and trees. All lots within the proposed retail sales and service complex development may be calculated together to meet the 25 percent requirement.
(6) Flexibility in Site Setbacks. Building setbacks may be reduced to 35-feet from a front property line or side property line. Building setbacks may be reduced to 40-feet from a rear property line. Setbacks to interior side property lines (not abutting a street) may be reduced to zero (0).
(7) Samples of exterior finishes must be submitted with the Site Plan application for review and approval by the City.
b. Retail and Service Uses less than 15,000 Square Feet.
(1) Proposed buildings and reuse of existing buildings must be consistent with the surrounding neighborhood character.
(A) Building and site design should encourage a walkable, pedestrian friendly scale using signs, awnings, planters and other streetscape elements.
(B) The front facing primary façade may not include a span longer than 25-feet without a plane break. The break may include a change in materials, actual offset of the building plane, or other architectural detail that visually breaks the façade.
(C) The main entrance or front door must be defined and clearly articulated. Porticos, columns, awnings, signage, shopfronts, windows, and other types of architectural detail should be incorporated consistent with the architecture of the building.
c. Retail and Service Uses greater than 15,000 Square Feet, including multi-tenant or mixed use buildings.
(1.) Site Requirements. The retail sales and service complex must be located adjacent to an interstate highway and within 300-feet of an interchange entrance or exit ramp with such highway. The site may be comprised of more than one lot but the lot area for each retail user may not exceed one acre.
(2) Mix of Uses. Any retail building must contain a minimum of two (2) tenants or uses.
(3) Signage. Approved signage shall be based on the overall size of the retail sales and service complex but flexibility may be granted to allow more than one sign on a particular lot that is part of the retail sales and service complex. Freestanding or pylon signs may be located at least ten feet (10') from a front property line or side yard abutting a public street and interior side property lines. Pylon signage may be permitted provided that signage included in any retail sales and service complex located along I-494 shall be no higher than 915-feet above mean sea level. (Ord. 592, 9-17-2024)
12-3B-6: PUBLIC, SEMI-PUBLIC USE SPECIFIC REGULATIONS:
A. General Standards. The City has determined that the following uses are permitted on land within the Public Semi-Public Overlay District provided certain regulations and standards are met, and that proper permitting and processes are followed. The following standards shall be applicable to all uses identified in the Public Semi-Public Overlay Zoning District:
1. Any non-residential principal use shall meet the following minimum requirements, regardless of Base Zoning District.
a. Non-residential principal use. 50-feet setback from all property lines abutting a Residential Base Zoning District or established residential use.
b. A Site Plan must be submitted for review and approval as established in [Section 12-5B-4
].
B. Specific Public, Semi-Public Use Standards. The following specific use standards are established for Public, Semi-Public Uses as identified on the Table of Uses
[12-3B-1.1], and are organized alphabetically.
1. Cultural Centers, Places of Assembly, or similar.
a. Lot Size. Minimum of 1.0 Acres
b. Any use that includes a dedicated space for assembly or gathering of people that comprises 50 percent of the total floor area or more shall be subject to these requirements.
c. A Cultural Center, Place of Assembly, or similar may be located on a site with another compatible use such as a Place of Worship. In the case where more than one use is present the most restrictive permitting process, and regulations, shall be followed.
d. The required parking shall be determined based on the total occupancy of the building and must be provided on site.
e. All events and/or gatherings must be held indoors, unless outdoor gatherings are expressly allowed by Conditional Use Permit.
2. Elementary, Middle, and Secondary Schools (public and private).
a. Any Accessory Structures or Accessory Buildings that support the principal school use must be setback a minimum of 100-feet from any property line that abuts a Residential Base Zoning District or established residential use.
3. Government Buildings and Structures.
a. A Government Building or Structure means a principal building or structure owned or operated by a regulatory agency other than the City of Mendota Heights.
b. The use of a government building or structure must be for the purpose of benefiting the public including, but not limited to, a service center, DMV, maintenance building, administrative building, or similar.
c. Governmental Buildings or Structures containing a residential use are not permitted unless specifically permitted within the Base Zoning District of the subject property. Any residential use must comply with the Base Zoning District Standards and the adopted Comprehensive Plan.
4. Municipal Buildings and Structures.
a. A Municipal Building or Structure means a principal building or structure owned or operated by the City of Mendota Heights.
b. The use of the Municipal Building or Structure must be for the purpose of benefiting the public including, but not limited to, a city hall, service center, public works facility or use, administrative building, or similar.
c. Any Municipal Buildings or Structures containing a residential use must comply with the Base Zoning District Standards and the adopted Comprehensive Plan.
5. Off Leash Dog Area. An off-leash dog area is permitted as shown in [12-3B-1.1 Table of Uses
], provided that:
a. The minimum parcel size shall be five (5) acres, which may include a combination of adjoining lots under control by the City.
b. No structures shall be located on the lot(s).
c. Proper fencing shall be installed around the entire off leash area with height and materials approved by the City Council.
d. Hours of operation shall be limited to between seven o’clock (7:00) A.M. and nine o’clock (9:00) P.M.
e. Fixed lighting structures are prohibited.
f. All dogs must be appropriately licensed.
g. All dogs must be kept on leash at all times except within the designated off leash area.
h. No dog(s) shall be left unattended within the off leash area.
i. Dog waste receptacles shall be provided and all dog waste must be properly disposed of on site by the user or removed immediately.
6. Outdoor Recreational Facilities, including Athletic Fields.
a. Any outdoor field or recreational facility that is intended to be lit with overhead light fixtures must be setback a minimum of 100-feet from any property line that abuts a Residential Base Zoning District or established residential use. The light fixtures associated with the field or recreational facilities must comply with the City’s footcandle standards established in Section [12-4D-3
].
b. Any outdoor field or recreational facility not intended to be lit with fixtures must comply with the principal building setbacks established in the Base Zoning District.
7. Private Nursery and/or Daycare Schools.
a. The minimum lot size shall be at least one (1) acre.
b. The nursery and/or daycare school is registered with the State and meets the standards for all schools specified by the State.
8. Religious Institutions and Places of Worship.
a. Any religious institutions and places of religious worship, including those related structures located on the same site which are an integral part of the principal use, convent or homes for persons related to a religious function on the same site are permitted to have a maximum of ten (10) persons residing on the site. (Ord. 592, 9-17-2024)
12-3B-7: ACCESSORY USE SPECIFIC REGULATIONS:
A. General Standards. All uses explicitly defined as an Accessory Use must be accessory to a Principal Use on the same property or lot. The Accessory Uses are only permitted provided that the Principal Use is identified as permitted or conditionally permitted on the Table of Uses.
B. Specific Accessory Use Standards. The following specific use standards are established for Accessory Uses as identified on the Table of Uses [12-3B-1.1]
and are organized alphabetically.
1. Accessory Buildings and Structures to Business, Commercial, Industrial and Public/Semi-Public Uses. All Accessory Buildings and Structures that exceed the standards established in Chapter 2 must comply with the following:
a. A Conditional Use Permit must be obtained.
b. The Accessory Structure or Building must comply with the required setbacks as stated within this Chapter for non-residential uses.
c. The Accessory Structure or Building must be designed to be compatible with the Principal Building and/or Principal Use of the site.
d. The Accessory Structure or Building may not exceed 25-feet in height but may exceed the height of a Principal Building if permitted by the Conditional Use Permit.
2. Accessory, Enclosed Retail Sales. Enclosed retail sales as an accessory use are permitted as shown in [12-3B-1.1 Table of Uses
], provided that:
a. Accessory Use. The retail sales portion of the business shall be an accessory use to the existing permitted or conditionally permitted use in the I district.
b. Site Requirements. The retail sales portion of the business shall be conducted within the same building as the principal use.
c. Building requirements. The retail sales portion of the business shall not constitute more than five percent (5%) of the gross floor area of the principal use.
d. Building Design. The building design shall be in compliance with the standards established for Industrial buildings in [Section 12-4D-1
D].
e. Parking. adequate off street parking and off street loading shall be provided and shall be in compliance with the provisions of Section [12-4A-9
].
f. Signage. All signage shall be in compliance with the provisions of Section [12-4A-11
] of this Chapter. Separate wall signage may be considered at the retail entrance, but not separate freestanding signage shall be considered.
g. Landscaping. All landscaping shall be in compliance with Section [12-4A-5
].
h. Screening. All screening shall be in compliance with Section [12-4D-2
].
i. Hours of Operation. The hours of operation of the retail sales portion of the business shall be limited from eight o’clock (8:00) A.M. to seven o’clock (7:00) P.M. on weekdays and eight o’clock (8:00) A.M. to five o’clock (5:00) P.M. on Saturdays and Sundays.
3. Home Occupation.
a. A home occupation means any gainful occupation or profession engaged in by an occupant only of a dwelling unit which is a use that is clearly incidental to the use of the dwelling unit for residential purposes when conducted on the premises. The following criteria must be met, or the proposed use must be established as a conditional use in the zoning district in which the property is located, and the proper permit obtained:
(1) No persons other than the residents of the dwelling unit that reside on the property may be engaged in the Home Occupation; and
(2) No more than 30 percent of the floor area of the principal dwelling unit may be used for the conduct of the Home Occupation; and
(3) The Home Occupation may not visible from the street and no changes to the principal building that distinguish the property as a business are permitted;
(4) No traffic shall be generated by the Home Occupation in greater volume than would normally be expected to a residence in a residential neighborhood.
(5) The Home Occupation may not include the retail sales of products produced off the site and sold from principal or accessory building.
(6) Any visitor or client parking must be accommodated on site and on an improved residential driveway.
(7) No equipment, activity, or process shall be used in a Home Occupation that creates noise, vibration, glare, fumes, or odors detectable to the normal senses off the lot.
(8) No accessory building shall be used for such Home Occupation.
(9) No outside storage is permitted as a part of any Home Occupation.
4. Keeping of Bees as an Accessory Use.
a. Minimum lot size. 50 Acres
b. A maximum of ten (hives) may be maintained, and all buildings, hives, apiaries, or other areas for colonies of bees shall not be located no closer than 100-feet from any property line.
5. Private Swimming Pool, tennis courts, or similar recreation facilities serving Multi-Family Buildings.
a. Swimming Pool. Private swimming pools intended for and used solely by the occupants of the property on which they are located and their guests are permitted as shown in [12-3B-1.1 Table of Uses
], provided:
(1) The water surface is located a minimum of 50 feet from any lot line.
(2) That the pump and filter is installed a minimum of 40 feet from any lot line.
(3) That the pool area is fenced to prevent uncontrolled access from the street or adjacent property.
b. Tennis Courts, or similar outdoor recreational facilities must comply with the following standards:
(1) Minimum of 50-foot setback from all property lines.
(2) Comply with all outdoor lighting standards and requirements identified in section [12-4D-3
].
6. Video/Electronic Display Scoreboard as an Accessory Use. Any video/electronic display scoreboard for an athletic field on the campus of a school shall comply with the following:
a. The scoreboard shall only be used for organized events at an athletic field, or similar outdoor facility, in which the permitted user is participating in or hosting.
b. The scoreboard shall be equipped with industry standard security and brightness control features.
c. The video/electronic display portion(s) shall not face a residential neighborhood, not including the back of the scoreboard, unless screened or otherwise obscured from view.
d. The scoreboard shall not exceed 800 square feet in area per surface and the video/electronic display portion(s) shall not exceed 600 square feet of the total area.
e. The scoreboard shall not exceed 45-feet in height from the natural grade at the base of the scoreboard.
f. Organizers sponsoring the scoreboard may include identifying information within the area allowed for the scoreboard in a combined amount not to exceed 30 percent of the total scoreboard area.
g. No permitted use shall have more than one scoreboard structure equipped with video/electronic display(s) and no video/electronic display(s) or signage shall be affixed to the back of the scoreboard.
h. The hours of operation for the video/electronic display portion(s) of the scoreboard shall be limited to between eight o’clock (8:00) A.M. and eleven o’clock (11:00) P.M. with an allowance of up to 30 minutes before or after a permitted event. (Ord. 592, 9-17-2024)
Land Use
Land Use BASE ZONING DISTRICTS RE Residential Estate R-1 Low Density Residential R-2 Medium Density Residential R-3 Multi-Family Residential MU Mixed Use B-1 General Business B-2 Neighborhood Business I Industrial Use Specific Section
(See referenced section for more information; other requirements may also apply.)
Land Use BASE ZONING DISTRICTS RE Residential Estate R-1 Low Density Residential R-2 Medium Density Residential R-3 Multi-Family Residential MU Mixed Use B-1 General Business B-2 Neighborhood Business I Industrial Use Specific Section
(See referenced section for more information; other requirements may also apply.)
RESIDENTIAL USES Customized (assisted) living facilities CUP CUP CUP CUP CUP 12-3B-3B.1 Farming Operations P P P P 12-3B-3B.2 Manufactured home park CUP Mixed Use Building including residential use CUP CUP CUP Multi-family attached dwelling units (5-24 Units) CUP P CUP Multi-family attached dwelling units (25+ Units) CUP CUP Nursing homes, rest homes or retirement homes CUP CUP CUP CUP Single Family Detached Dwelling Unit P P P CUP CUP Single Family Attached Dwelling Units (2-4 Units) P P P State licensed residential program with a licensed capacity from seven (7) through sixteen (16) persons CUP CUP CUP CUP CUP 12-3B-3B.3 COMMERCIAL/BUSINESS USES Adult Uses CUP 12-3B-4
B.1 Animal hospital (cat clinic, veterinary clinic, or similar) CUP CUP 12-3B-4
B.2 Armories, convention halls, community centers, sports arenas and stadiums (excluding school uses) CUP CUP CUP Art studio, interior decorating studio, photographic studio, music studio, provided no retail sales are made of products not manufacturing on the site CUP CUP Banks and banking institutions without drive-in facilities P P P Boats and marine sales when conducted entirely within a building P Bowling alleys, billiard and pool rooms, skating rinks, liquor stores, fraternal organizations and similar uses CUP CUP CUP Brewery, Cidery or Micro-Distillery CUP CUP CUP CUP 12-3B-4
B.3 Cannabis retailer CUP CUP 3-8-1
Commercial recreation, when conducted within a completely enclosed building CUP CUP Commercial recreation, outdoor CUP CUP CUP CUP 12-3B-4
B.4 Crematorium CUP Daycare centers P P P Drive through/Drive-in business CUP CUP CUP 12-3B-4
B.5 Dry cleaning and laundry service CUP CUP CUP Fitness and health club CUP P CUP CUP Food Trucks AP AP AP AP AP AP AP AP Food Hall CUP CUP CUP Funeral homes and mortuaries CUP CUP Garden supply store, provided it is conducted entirely within an enclosed structure P P Greenhouse, commercial, provided all outside storage is fenced in such a manner so as to screen the stored material from view when observed from the public street P P Laundromat of the self-service type P P P Lower-potency hemp edible retailer CUP 3-8-1
Massage therapy business, subject to the licensing requirements of this code P P P Massage therapy services to the general public for purposes of a teaching program accredited by the National Certification Board for Therapeutic Massage and Bodywork and the Accrediting Commission of Career Schools and Colleges of Technology as an accessory use to colleges, universities, and permitted postsecondary institutions in which no fee is charged for the services CUP CUP Medical and dental clinics or services P P P CUP Motel and hotel CUP CUP 12-3B-4
B.6 Motor fuel stations and motor fuel station convenience stores CUP CUP CUP CUP 12-3B-4
B.7 Offices (non-retail) P P P P Optical and jewelry sales or manufacturing P P P P Pet shop, provided the operation shall not include the boarding of pets on the site, the maintaining of pens or cages outside of the building, and the business is operated so as to not cause offensive odor or noise P Pipe and tobacco shop CUP CUP CUP Publishing houses, printing shops P Private clubs and lodges CUP CUP CUP Radio and television repair P Residential programs for treatment of chemically dependent adults CUP 12-3B-4
B.8 Restaurant, café, tearoom, coffee shop, ice cream shop, delicatessen, etc. no drive-in P P P CUP Retail Sales and Services less than 15,000 square feet (e.g. clothing shop, book store, pharmacy, grocery store, barbershop, salon, etc.) P P P 12-3B-4
B.9 Retail Sales and Services greater than 15,000 square feet (e.g. clothing shop, book store, pharmacy, grocery store, barbershop, salon, etc.) CUP CUP P 12-3B-4
B.10 Sporting goods store, excluding the sale of firearms of any variety or ammunition P P P Theaters, excluding drive-ins CUP CUP CUP Ticket offices and travel bureaus P P INDUSTRIAL, TRANSPORTATION & UTILITY USES Airports, truck and freight terminals, team tracks and open sales lots CUP Alternative Energy Systems (Ground mounted solar energy systems that are accessory to the principal use of the land and are designed to onsite uses) CUP CUP CUP CUP CUP CUP CUP CUP 12-3B-5
B.1 Alternative Energy Systems (Roof mounted solar energy systems that are accessory to the principal use of the land and are designed to supply energy to on site uses) P P P P P P P P 12-3B-5
B.1 Automobile and other vehicles of transportation sales when conducted entirely within a building P CUP Automobile repair, major or minor, when conducted completely within an enclosed building CUP CUP CUP P Bus terminals and maintenance garages CUP P Cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis testing facility, lower-potency hemp edible manufacturer, medical cannabis combination business CUP 3-8-1
Dog daycare, may include overnight boarding CUP Dog training facility CUP 12-3B-5
B.2 Electrical service, heating, plumbing, appliances, upholstery or air conditioning service shop, provided they do not employ more than six (6) persons in repair or processing CUP CUP Essential service structures CUP CUP CUP CUP CUP CUP CUP CUP 12-3B-5
B.3 Landscaping, and construction, requiring equipment P 12-3B-5
B.4 Manufacturing, conducted within a completely enclosed building (Excluding the manufacturing uses as expressly defined in this Table of Uses) P P Manufacturing, conducted within a completely enclosed building, of one or more of the following: Batteries, laundries, metal polishing and plating, paper products from previously processed paper, rubber and synthetic rubber products, sheet metal work, ornamental iron, welding, stamping C Outdoor storage and display of materials and equipment accessory to landscaping and building design and construction CUP 12-3B-5B.5 Personal self-storage facility CUP 12-3B-5
G Sales and servicing of heating equipment, air conditioning equipment and electrical appliances; provided, that there shall not be more than six (6) persons employed upon said premises in the repair or servicing of said equipment or appliances CUP CUP P Stone and monument sales CUP CUP Scientific research, investigation, testing and experimentation, including laboratories CUP P Railroad spurs and siding P Ready mix concrete and concrete products plants CUP Through train operation, but not switching, storage or any other railroad operation CUP CUP CUP CUP CUP CUP CUP CUP Uses which are permitted under Section [12-1I-8] of this Chapter which involve the storage or uses of materials which decompose by detonation CUP CUP Warehousing and distribution, abutting a Residential Base Zoning District CUP CUP 12-3B-5
B.6 Warehousing and distribution, not abutting a Residential Base Zoning District CUP P 12-3B-5
B.6 Wholesale office and showroom P P Wireless Antennas, Towers, and Accessory Structures CUP CUP CUP CUP CUP CUP CUP CUP 12-3B-5
B.7 PUBLIC/SEMI-PUBLIC USES (Note that PSP Uses in RE, R-1, R-2, and R-3 are only permittedwithin the designated PSP-O district as shown on the Official Zoning Map) Business or trade school when conducted entirely within a building CUP CUP Cemeteries and/or cemetery structures; provided, that no buildings shall be located within fifty feet (50') of any abutting property line CUP CUP CUP CUP CUP CUP CUP CUP Colleges, universities, and post-secondary schools, public and private includes postsecondary skill based educational institutions that offer programs that award certificates, degrees, or certified training to full and/or part time students CUP CUP CUP Cultural Centers, Places of Assembly CUP CUP 12-3B-6
B.1 Elementary, Middle, and Secondary, public and private CUP CUP CUP CUP CUP CUP CUP 12-3B-6
B.3 Golf courses, country clubs, tennis clubs, public swimming pools, archery range CUP CUP CUP CUP CUP CUP Governmental buildings and structures CUP CUP CUP CUP 12-3B-6
B.4 Historical buildings, museums, art institutes, galleries and playhouses CUP CUP CUP Hospitals for human care, sanatoriums, rest homes and nursing homes CUP CUP CUP CUP CUP CUP CUP Library CUP CUP P P Municipal buildings and structures CUP CUP CUP CUP P P P P 12-3B-6
B.4 Off leash dog area (not associated with multi-family residential use) IUP IUP 12-3B-6
B.5 Outdoor Recreational Facilities, including Athletic Fields CUP CUP CUP CUP P P P P 12-3B-6
B.6 Public parks and playgrounds P P P P P Private nursery and/or daycare schools CUP CUP CUP CUP CUP 12-3B-6
B.7 Religious institutions and places of worship CUP CUP CUP CUP CUP 12-3B-6
B.8 ACCESSORY USES Accessory Buildings or Structures (CUP required as regulated by use or Zoning District) AP (CUP) AP (CUP) AP (CUP) AP (CUP) AP (CUP) AP (CUP) AP (CUP) AP (CUP) 12-4A-7
B.1 Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing AP AP AP AP AP AP AP Commercial Outdoor Recreation facilities, must be accessory to principal building with compatible use CUP CUP CUP CUP Enclosed retail sales accessory to permitted industrial use CUP 12-4A-7
B.2 Gardening and other horticultural uses where no sale of products is conducted on the premises P P P P P Home occupation P P P P P 12-4A-7
B.3 Incidental repair, processing or storage necessary to conduct a permitted principal use not to exceed more than 20 percent of the gross floor area of the principal building AP AP AP AP Keeping of bees AP AP AP AP 12-4A-7
B.4 Keeping of chickens for noncommercial purposes AP AP AP AP AP 12-4A-7
B.5 Keeping of Domestic animals P P P P P Keeping of Livestock (typical farm animals) AP AP FOR DISCUSSION Off-leash dog area or run (typically associated with multi-family use) AP AP Off street parking AP AP AP AP AP AP AP AP 12-4A-9
Outdoor Storage CUP CUP Private swimming pool, tennis courts, or similar recreational facilities intended for use by the occupants of a multi-family building and their guests of the property AP AP AP 12-3B-7
B.7 Signs AP AP AP AP AP AP AP AP 12-4A-7
B.8 Temporary storage of hazardous waste P P P P Video/electronic display scoreboard for an athletic field on the campus of a school AP AP AP AP AP 12-3B-7
B.9
Land Use | BASE ZONING DISTRICTS | ||||||||
RE Residential Estate | R-1 Low Density Residential | R-2 Medium Density Residential | R-3 Multi-Family Residential | MU Mixed Use | B-1 General Business | B-2 Neighborhood Business | I Industrial | Use Specific Section
(See referenced section for more information; other requirements may also apply.)
| |
Land Use | BASE ZONING DISTRICTS | ||||||||
RE Residential Estate | R-1 Low Density Residential | R-2 Medium Density Residential | R-3 Multi-Family Residential | MU Mixed Use | B-1 General Business | B-2 Neighborhood Business | I Industrial | Use Specific Section
(See referenced section for more information; other requirements may also apply.)
| |
RESIDENTIAL USES | |||||||||
Customized (assisted) living facilities | CUP | CUP | CUP | CUP | CUP | 12-3B-3B.1 | |||
Farming Operations | P | P | P | P | 12-3B-3B.2 | ||||
Manufactured home park | CUP | ||||||||
Mixed Use Building including residential use | CUP | CUP | CUP | ||||||
Multi-family attached dwelling units (5-24 Units) | CUP | P | CUP | ||||||
Multi-family attached dwelling units (25+ Units) | CUP | CUP | |||||||
Nursing homes, rest homes or retirement homes | CUP | CUP | CUP | CUP | |||||
Single Family Detached Dwelling Unit | P | P | P | CUP | CUP | ||||
Single Family Attached Dwelling Units (2-4 Units) | P | P | P | ||||||
State licensed residential program with a licensed capacity from seven (7) through sixteen (16) persons | CUP | CUP | CUP | CUP | CUP | 12-3B-3B.3 | |||
COMMERCIAL/BUSINESS USES | |||||||||
Adult Uses | CUP | 12-3B-4
B.1 | |||||||
Animal hospital (cat clinic, veterinary clinic, or similar) | CUP | CUP | 12-3B-4
B.2 | ||||||
Armories, convention halls, community centers, sports arenas and stadiums (excluding school uses) | CUP | CUP | CUP | ||||||
Art studio, interior decorating studio, photographic studio, music studio, provided no retail sales are made of products not manufacturing on the site | CUP | CUP | |||||||
Banks and banking institutions without drive-in facilities | P | P | P | ||||||
Boats and marine sales when conducted entirely within a building | P | ||||||||
Bowling alleys, billiard and pool rooms, skating rinks, liquor stores, fraternal organizations and similar uses | CUP | CUP | CUP | ||||||
Brewery, Cidery or Micro-Distillery | CUP | CUP | CUP | CUP | 12-3B-4
B.3 | ||||
Cannabis retailer | CUP | CUP | 3-8-1
| ||||||
Commercial recreation, when conducted within a completely enclosed building | CUP | CUP | |||||||
Commercial recreation, outdoor | CUP | CUP | CUP | CUP | 12-3B-4
B.4 | ||||
Crematorium | CUP | ||||||||
Daycare centers | P | P | P | ||||||
Drive through/Drive-in business | CUP | CUP | CUP | 12-3B-4
B.5 | |||||
Dry cleaning and laundry service | CUP | CUP | CUP | ||||||
Fitness and health club | CUP | P | CUP | CUP | |||||
Food Trucks | AP | AP | AP | AP | AP | AP | AP | AP | |
Food Hall | CUP | CUP | CUP | ||||||
Funeral homes and mortuaries | CUP | CUP | |||||||
Garden supply store, provided it is conducted entirely within an enclosed structure | P | P | |||||||
Greenhouse, commercial, provided all outside storage is fenced in such a manner so as to screen the stored material from view when observed from the public street | P | P | |||||||
Laundromat of the self-service type | P | P | P | ||||||
Lower-potency hemp edible retailer | CUP | 3-8-1
| |||||||
Massage therapy business, subject to the licensing requirements of this code | P | P | P | ||||||
Massage therapy services to the general public for purposes of a teaching program accredited by the National Certification Board for Therapeutic Massage and Bodywork and the Accrediting Commission of Career Schools and Colleges of Technology as an accessory use to colleges, universities, and permitted postsecondary institutions in which no fee is charged for the services | CUP | CUP | |||||||
Medical and dental clinics or services | P | P | P | CUP | |||||
Motel and hotel | CUP | CUP | 12-3B-4
B.6 | ||||||
Motor fuel stations and motor fuel station convenience stores | CUP | CUP | CUP | CUP | 12-3B-4
B.7 | ||||
Offices (non-retail) | P | P | P | P | |||||
Optical and jewelry sales or manufacturing | P | P | P | P | |||||
Pet shop, provided the operation shall not include the boarding of pets on the site, the maintaining of pens or cages outside of the building, and the business is operated so as to not cause offensive odor or noise | P | ||||||||
Pipe and tobacco shop | CUP | CUP | CUP | ||||||
Publishing houses, printing shops | P | ||||||||
Private clubs and lodges | CUP | CUP | CUP | ||||||
Radio and television repair | P | ||||||||
Residential programs for treatment of chemically dependent adults | CUP | 12-3B-4
B.8 | |||||||
Restaurant, café, tearoom, coffee shop, ice cream shop, delicatessen, etc. no drive-in | P | P | P | CUP | |||||
Retail Sales and Services less than 15,000 square feet (e.g. clothing shop, book store, pharmacy, grocery store, barbershop, salon, etc.) | P | P | P | 12-3B-4
B.9 | |||||
Retail Sales and Services greater than 15,000 square feet (e.g. clothing shop, book store, pharmacy, grocery store, barbershop, salon, etc.) | CUP | CUP | P | 12-3B-4
B.10 | |||||
Sporting goods store, excluding the sale of firearms of any variety or ammunition | P | P | P | ||||||
Theaters, excluding drive-ins | CUP | CUP | CUP | ||||||
Ticket offices and travel bureaus | P | P | |||||||
INDUSTRIAL, TRANSPORTATION & UTILITY USES | |||||||||
Airports, truck and freight terminals, team tracks and open sales lots | CUP | ||||||||
Alternative Energy Systems (Ground mounted solar energy systems that are accessory to the principal use of the land and are designed to onsite uses) | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | 12-3B-5
B.1 |
Alternative Energy Systems (Roof mounted solar energy systems that are accessory to the principal use of the land and are designed to supply energy to on site uses) | P | P | P | P | P | P | P | P | 12-3B-5
B.1 |
Automobile and other vehicles of transportation sales when conducted entirely within a building | P | CUP | |||||||
Automobile repair, major or minor, when conducted completely within an enclosed building | CUP | CUP | CUP | P | |||||
Bus terminals and maintenance garages | CUP | P | |||||||
Cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis testing facility, lower-potency hemp edible manufacturer, medical cannabis combination business | CUP | 3-8-1
| |||||||
Dog daycare, may include overnight boarding | CUP | ||||||||
Dog training facility | CUP | 12-3B-5
B.2 | |||||||
Electrical service, heating, plumbing, appliances, upholstery or air conditioning service shop, provided they do not employ more than six (6) persons in repair or processing | CUP | CUP | |||||||
Essential service structures | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | 12-3B-5
B.3 |
Landscaping, and construction, requiring equipment | P | 12-3B-5
B.4 | |||||||
Manufacturing, conducted within a completely enclosed building (Excluding the manufacturing uses as expressly defined in this Table of Uses) | P | P | |||||||
Manufacturing, conducted within a completely enclosed building, of one or more of the following: Batteries, laundries, metal polishing and plating, paper products from previously processed paper, rubber and synthetic rubber products, sheet metal work, ornamental iron, welding, stamping | C | ||||||||
Outdoor storage and display of materials and equipment accessory to landscaping and building design and construction | CUP | 12-3B-5B.5 | |||||||
Personal self-storage facility | CUP | 12-3B-5
G | |||||||
Sales and servicing of heating equipment, air conditioning equipment and electrical appliances; provided, that there shall not be more than six (6) persons employed upon said premises in the repair or servicing of said equipment or appliances | CUP | CUP | P | ||||||
Stone and monument sales | CUP | CUP | |||||||
Scientific research, investigation, testing and experimentation, including laboratories | CUP | P | |||||||
Railroad spurs and siding | P | ||||||||
Ready mix concrete and concrete products plants | CUP | ||||||||
Through train operation, but not switching, storage or any other railroad operation | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | |
Uses which are permitted under Section [12-1I-8] of this Chapter which involve the storage or uses of materials which decompose by detonation | CUP | CUP | |||||||
Warehousing and distribution, abutting a Residential Base Zoning District | CUP | CUP | 12-3B-5
B.6 | ||||||
Warehousing and distribution, not abutting a Residential Base Zoning District | CUP | P | 12-3B-5
B.6 | ||||||
Wholesale office and showroom | P | P | |||||||
Wireless Antennas, Towers, and Accessory Structures | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | 12-3B-5
B.7 |
PUBLIC/SEMI-PUBLIC USES (Note that PSP Uses in RE, R-1, R-2, and R-3 are only permitted within the designated PSP-O district as shown on the Official Zoning Map) | |||||||||
Business or trade school when conducted entirely within a building | CUP | CUP | |||||||
Cemeteries and/or cemetery structures; provided, that no buildings shall be located within fifty feet (50') of any abutting property line | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | |
Colleges, universities, and post-secondary schools, public and private includes postsecondary skill based educational institutions that offer programs that award certificates, degrees, or certified training to full and/or part time students | CUP | CUP | CUP | ||||||
Cultural Centers, Places of Assembly | CUP | CUP | 12-3B-6
B.1 | ||||||
Elementary, Middle, and Secondary, public and private | CUP | CUP | CUP | CUP | CUP | CUP | CUP | 12-3B-6
B.3 | |
Golf courses, country clubs, tennis clubs, public swimming pools, archery range | CUP | CUP | CUP | CUP | CUP | CUP | |||
Governmental buildings and structures | CUP | CUP | CUP | CUP | 12-3B-6
B.4 | ||||
Historical buildings, museums, art institutes, galleries and playhouses | CUP | CUP | CUP | ||||||
Hospitals for human care, sanatoriums, rest homes and nursing homes | CUP | CUP | CUP | CUP | CUP | CUP | CUP | ||
Library | CUP | CUP | P | P | |||||
Municipal buildings and structures | CUP | CUP | CUP | CUP | P | P | P | P | 12-3B-6
B.4 |
Off leash dog area (not associated with multi-family residential use) | IUP | IUP | 12-3B-6
B.5 | ||||||
Outdoor Recreational Facilities, including Athletic Fields | CUP | CUP | CUP | CUP | P | P | P | P | 12-3B-6
B.6 |
Public parks and playgrounds | P | P | P | P | P | ||||
Private nursery and/or daycare schools | CUP | CUP | CUP | CUP | CUP | 12-3B-6
B.7 | |||
Religious institutions and places of worship | CUP | CUP | CUP | CUP | CUP | 12-3B-6
B.8 | |||
ACCESSORY USES | |||||||||
Accessory Buildings or Structures (CUP required as regulated by use or Zoning District) | AP (CUP) | AP (CUP) | AP (CUP) | AP (CUP) | AP (CUP) | AP (CUP) | AP (CUP) | AP (CUP) | 12-4A-7
B.1 |
Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing | AP | AP | AP | AP | AP | AP | AP | ||
Commercial Outdoor Recreation facilities, must be accessory to principal building with compatible use | CUP | CUP | CUP | CUP | |||||
Enclosed retail sales accessory to permitted industrial use | CUP | 12-4A-7
B.2 | |||||||
Gardening and other horticultural uses where no sale of products is conducted on the premises | P | P | P | P | P | ||||
Home occupation | P | P | P | P | P | 12-4A-7
B.3 | |||
Incidental repair, processing or storage necessary to conduct a permitted principal use not to exceed more than 20 percent of the gross floor area of the principal building | AP | AP | AP | AP | |||||
Keeping of bees | AP | AP | AP | AP | 12-4A-7
B.4 | ||||
Keeping of chickens for noncommercial purposes | AP | AP | AP | AP | AP | 12-4A-7
B.5 | |||
Keeping of Domestic animals | P | P | P | P | P | ||||
Keeping of Livestock (typical farm animals) | AP | AP | FOR DISCUSSION | ||||||
Off-leash dog area or run (typically associated with multi-family use) | AP | AP | |||||||
Off street parking | AP | AP | AP | AP | AP | AP | AP | AP | 12-4A-9
|
Outdoor Storage | CUP | CUP | |||||||
Private swimming pool, tennis courts, or similar recreational facilities intended for use by the occupants of a multi-family building and their guests of the property | AP | AP | AP | 12-3B-7
B.7 | |||||
Signs | AP | AP | AP | AP | AP | AP | AP | AP | 12-4A-7
B.8 |
Temporary storage of hazardous waste | P | P | P | P | |||||
Video/electronic display scoreboard for an athletic field on the campus of a school | AP | AP | AP | AP | AP | 12-3B-7
B.9 | |||
