It is the intent of the city in establishing general and specific criteria for conditional uses that such uses be subject to careful evaluation to ensure that their location, size and design are consistent with the standards, purposes and procedures of this ordinance and the comprehensive plan. The planning commission may recommend and the city council may impose conditions on such uses in order to effect the purpose of this ordinance.

No conditional use permit shall be granted unless the city council determines that all of the following standards will be met:

a)   the use is consistent with the intent of this ordinance;

b)   the use is consistent with the goals, policies and objectives of the comprehensive plan;

c)   the use does not have an undue adverse impact on governmental facilities, utilities, services or existing or proposed improvements; and

d)   the use does not have an undue adverse impact on the public health, safety or welfare.

In addition to the standards specified in subdivision 2, no conditional use permit shall be granted unless the city council determines that all of the specific standards contained in this subdivision will be met.

a)   Educational institutions and facilities:

   1)   direct access limited to a collector or arterial roadway as identified in the comprehensive plan or otherwise located so that access can be provided without conducting significant traffic on local residential streets; the use is not permitted on property that has access only by way of a private road or driveway that is used by more than one lot;

   2)   buildings set back 50 feet from all property lines and parking setbacks subject to section 300.28 of this ordinance;

   3)   school bus pick-up and drop-off areas located outside of the public right-of-way and designed to enhance vehicular and pedestrian safety;

   4)   recreational areas designed for group outdoor activities set back 25 feet from residential property, suitable buffering provided to protect neighboring properties from noise and adverse visual impacts, and lighted playing fields permitted only upon demonstration that off-site impacts can be mitigated substantially;

   5)   no more than 60 percent of the site to be covered with impervious surface and the remainder to be suitably landscaped;

   6)   site and building plan subject to review pursuant to section 300.27 of this ordinance; and

   7)   not connected to, or part of, any residential dwelling.

b)   Religious institutions and facilities:

   1)   direct access limited to a collector or arterial roadway as identified in the comprehensive plan or otherwise located so that access can be provided without conducting significant traffic on local residential streets;

   2)   buildings set back 50 feet from all property lines;

   3)   parking spaces and parking setbacks subject to section 300.28 of this ordinance;

   4)   no more than 70 percent of the site to be covered with impervious surface and the remainder to be suitably landscaped; and

   5)   site and building plan subject to review pursuant to section 300.27 of this ordinance.

c)   Mass transit facilities:

   1)   bus shelters subject to the following:

      a.   screened from adjoining residential uses if required by the city;

      b.   a concrete pad to be provided for the shelter and immediately surrounding area;

      c.   signs to conform to section 325 of the code of city ordinances unless determined by the city to be necessary for economic viability of shelter;

      d.   paved bus standing area to be provided if determined by the city to be necessary for safe and efficient traffic flow; and

      e.   incorporation of architectural features compatible with surrounding area if required by the city.

   2)   park and ride facilities and inter-modal transfer points subject to the following:

      a.   permitted only along collector or arterial roadways as identified in the comprehensive plan;

      b.   screened from adjoining residential uses if required by the city;

      c.   all parking areas to be paved and maintained; and

      d.   site and building plan subject to review pursuant to section 300.27 of this ordinance.

d)   Accessory dwelling units (ADUs):

   1)   General Standards:

      a.   ADUs are allowed only on properties zoned R-1, R-1A, and R-2.

      b.   No more than one ADU is allowed per property.

      c.   The owner of the property must reside in the principal dwelling unit or the ADU as a permanent residence, not less than 185 days per calendar year.

      d.   ADUs may no be subdivided or otherwise separated in ownership from the principal dwelling unit.

      e.   Adequate off-street parking must be provided for both the principal dwelling unit and the ADU. Such parking must be in a garage, carport, or on a paved area specifically intended for that purpose but not within a required driveway turnaround. No more than four vehicles may be parked or stored anywhere outside on the property. This maximum number does not include vehicles of occasional guests who do not reside on the property.

      f.   The ADU and property on which it is located are subject to all other provisions of this ordinance related to single-family dwellings, including all provisions of the shoreland, wetland, floodplain, and nuisance ordinances. To the extent of any inconsistency among ordinance provisions, the most restrictive provisions apply.

   2)   Construction and Design Standards:

      a.   On properties zoned R-1 or R-1A, an ADU may be attached to or detached from a principal structure. On properties zoned R-2, ADUs must be attached to the principal structure. An attached ADU includes an ADU that is contained within an existing principal structure.

      b.   Any ADU, whether attached or detached:

         1.   Must be no larger than 1,000 square feet in total area or 35 percent of the floor area of the principal dwelling, whichever is less. The city council may approve a larger area where the additional size would not result in undue adverse impacts to the neighboring properties. In evaluating where this standard is met, the city may consider things such as the size of the property; the location of the ADU relative to homes on adjacent properties; whether the ADU would be reasonably screened from adjacent properties by existing or proposed vegetation, elevation changes, or linear distance; whether a similarly-sized, non-variance; or any other characteristic the city considers important or unique. In no case may be detached ADU be 200 square feet or less in total size.

         2.   Must be served by municipal water, municipal sanitary sewer, and gas and electric utilities via service lines shared with the principal dwelling unit. Unless otherwise approved by staff, water service to the ADU must be connected after the existing meter in the principal structure.

         3.   Must comply or be brought into compliance with all applicable building, housing, electrical, plumbing, mechanical, and related city codes.

         4.   May not be served by an additional curb cut unless approved by the city engineer in compliance with the driveway ordinance.

         5.   Must be registered with the Minnetonka police and fire departments prior to occupancy.

      c.   Attached ADUs:

         1.   Must be designed to maintain the single-family appearance of the principal dwelling from off-site views.

         2.   May be created through the conversion of living space or attached garage space. However, the garage space may be converted only if (1) space is available on the property for construction of a 24-foot by 24-foot garage without variance; and (2) the applicant submits a detailed plan demonstrating adequate vehicluar parking exists on the site.

         3.   Maximum height and minimum required setbacks are outlined for principal structures in the associated zoning district.

      d.   Detached ADUs:

         1.   Must be designed to maintain the residential character of the lot on which it will be located.

         2.   May be created through the conversion of detached garage space only if either: (1) the principal structure includes an attached garage with minimum dimensions of 24 feet by 24 feet; or (2) space is available on the property for construction of an attached or detached 24-foot by 24-foot garage without variance, and the applicant submits a detailed plan that demonstrates adequate vehicular parking exists on the site.

         3.   The highest point of the ADU may not extend above the highest point of the roof of the principal dwelling unit. The city council may approve a taller ADU if it finds the additional height would not result in undue adverse impacts to neighboring properties. In evaluating whether this standard is met, the city may consider things such as the size of the property; the location of the ADU relative to homes on adjacent properties; whether the ADU would be reasonably screened from adjacent properties by existing vegetation, elevation changes, or linear distance; whether a similarly-sized, non-ADU structure could be constructed in the location proposed without a conditional use permit or variance; or any other characteristic the city considers important or unique.

         4.   Must be located:

            a)   Behind the rear building line of the principal dwelling unit. In the case of a corner or double frontage lots, the ADU is subject to front yard setbacks established for principal structures.

            b)   To preserve existing, natural site features to the extent practicable.

         5.   Must be set back from side and rear property lines a distance equal to the code-defined height of the ADU, but not less than 15 feet, and set back from all natural features as required by ordinance.

         6.   May contain a maximum of two bedrooms.

         7.   Must be constructed on a permanent foundation with no wheels.

e)   Licensed day care facilities in common areas or in structures which are not also used for residential purposes:

   1)   located only on a collector or arterial roadway as designated in the comprehensive plan or otherwise located so that access can be provided without conducting significant traffic on local residential streets;

   2)   buildings set back 50 feet from all property lines and parking lots set back 15 feet from streets and non-residential property and 25 feet from residential property;

   3)   pick-up and drop-off areas located outside of parking setback area;

   4)   outdoor recreational areas to be set back 15 feet from all property lines and screening provided to mitigate noise and adverse visual impacts on neighboring properties;

   5)   one parking space provided for each six children based upon the licensed capacity of the center;

   6)   site and building plan of all free standing centers subject to review pursuant to section 300.27 of this ordinance, with particular attention to compatibility of facility with surrounding neighborhood; and

   7)   review by city planner of facilities in common areas to determine whether externally visible modifications are significant enough to require formal site and building plan review.

f)   Detached garages, storage sheds or other accessory structures in excess of 1,000 square feet of gross floor area or 12 feet in height or occupying more than 30 percent of the side or rear yard in which they are located:

   1)   side and rear setbacks equal to the height of the structure or 15 feet, whichever is greater;

   2)   no additional curb cuts to be permitted;

   3)   not to be used for commercial activities;

   4)   structure to be architecturally consistent with the principal structure;

   5)   landscaping to be required to buffer views when the structure is highly visible from adjoining properties; and

   6)   site and building plan subject to review pursuant to section 300.27 of this ordinance.

g)   Licensed residential care facilities or community based residential care facilities serving seven to ten residents:

   1)   The site and facility must be designed to minimize undue adverse impacts to neighboring properties. In evaluating whether this standard is met, the city may consider such things as the surrounding land uses; the size of the property relative to adjacent properties; the location of the facility on the property relative to the location of homes on adjacent properties; whether the facility would be buffered from adjacent properties by existing vegetation, elevation changes, or linear distance; or any other site or neighborhood characteristic the city considers important or unique. In addition:

   2)   Site Standards.

      a.   Facilities may only be located on properties:

         1.   At least one acre in size; and

         2.   With direct access to a collector or arterial street as identified in the comprehensive plan.

      b.   No on-street parking is allowed.

      c.   A minimum of 0.5 parking stalls must be provided on-site per overnight resident based on the proposed capacity.

      d.   Exterior parking must be located on a paved area. If designed as a parking lot, the lot must be located behind the rear building line of the facility and must be set back a minimum of 20 feet from all property lines. The city council may waive these locational requirements for areas designed as parking lots based on a unique or important characteristic of the property or surrounding area.

   3)   Building Standards.

      a.   The facility may be located in a new or existing structure. Any new structure or changes to the existing structure necessary to accommodate the facility must be residential in character.

      b.   The floor area ration (FAR) of the facility may be no more than 100% of the highest FAR of the homes within 400 feet of the lot lines and within 1,000 feet of the lot along the street where it is located, including both sides of the street.

      c.   The facility must contain a minimum of 300 square feet of residential building area for each overnight resident, based on the proposed capacity.

      d.   The facility must meet the maximum height restrictions and minimum setback requirements of the site's corresponding zoning district and from shoreland, wetland, and floodplain areas as outlined in this ordinance.

   4)   Additional Standards.

      a.   Landscape buffering of the facility and any parking lot must be provided consistent with requirements contained in section 300.27 of this ordinance. A privacy fence of appropriate residential design may be required to limit off-site impacts.

      b.   The facility must prepare, and abide by, a plan for handling traffic and parking on high traffic days, such as holidays. The plan must be submitted to city staff for review and approval.

      c.   No exterior evidence of the use or activity that is not customary for typical residential uses is allowed.

      d.   The facility must conform or come into conformance with the requirements of the Minnesota state building code, fire code, health code, and all other applicable codes and city ordinances.

      e.   The city may impose additional conditions in order to address the specific impacts of a proposed facility.

h)   Private, non-profit recreational facilities as a principal use:

   1)   site and building plan subject to review pursuant to section 300.27 of this ordinance.

i)   Wind energy conversion systems (WECS):

   1)   set back from the nearest property line a distance equal to the height of the tower plus one-half the diameter of the rotor;

   2)   certified by a professional engineer as being of a design adequate for the atmospheric conditions of the twin cities;

   3)   equipped with over-speed or similar controls designed to prevent disintegration of the rotor in high winds;

   4)   compliance with all building and electrical code requirements of the city, the noise regulations of the Minnesota pollution control agency and the rules and regulations of the federal communications commission and federal aviation administration;

   5)   if the WECS has not been operated for a period of one year or fails to meet the conditions of this ordinance, the city council may order it dismantled and the site restored to its original condition; and

   6)   if the owner or person responsible for the WECS does not maintain it or comply with all requirements of this ordinance, the city may take such steps as are necessary to achieve compliance. The cost of such work, including administrative costs, shall be a lien against the property and may be collected as a special assessment. The city may sell salvaged and valuable materials at public auction on 10 days' notice.

j)   Cemeteries:

   1)   minimum lot size of five acres;

   2)   located in proximity to a collector or arterial roadway as identified in the comprehensive plan or otherwise located so that access can be provided without conducting significant traffic on local residential streets;

   3)   direct views from all adjoining residential parcels shall be buffered by appropriate means; and

   4)   site and building plan subject to review pursuant to section 300.27 of this ordinance.

k)   Marinas:

   1)   minimum lot size of two acres;

   2)   located in proximity to a collector or arterial roadway as identified in the comprehensive plan or otherwise located so that access can be provided without conducting significant traffic on local residential streets;

   3)   direct views from all adjoining areas shall be screened, with particular attention to screening exterior storage;

   4)   approval by city fire marshall and by all governmental agencies having jurisdiction over adjacent body of water; and

   5)   site and building plan subject to review pursuant to section 300.27 of this ordinance.

l)   Public buildings or facilities, except for recreational buildings that contain less than 1,000 square feet, and utility cabinets larger than 150 cubic feet:

   1)   site and building plans subject to review pursuant to section 300.27 of this ordinance.

   2)   direct access limited to a collector or arterial roadway as identified in the comprehensive plan or otherwise located so that access can be provided without conducting significant traffic on local residential streets;

   3)   buildings set back 50 feet from all property lines;

   4)   parking spaces and parking setbacks subject to section 300.28 of this ordinance; and

   5)   no more than 70 percent of the site to be covered with impervious surface and the remainder to be suitably landscaped; and

   6)   stand-alone utility buildings, such as lift stations, are only subject to site and building plan review.

m)   Public or private nursing or convalescent homes:

   1)   direct access limited to a collector or arterial roadway as identified in the comprehensive plan or otherwise located so that access can be provided without conducting significant traffic on local residential streets;

   2)   buildings set back 50 feet from all property lines;

   3)   parking spaces and parking setbacks subject to section 300.28 of this ordinance;

   4)   no more than 70 percent of the site to be covered with impervious surface and the remainder to be suitably landscaped; and

   5)   site and building plan subject to review pursuant to section 300.27 of this ordinance.

n)   Telecommunication facilities are subject to the provisions of Section 300.34.

o)   Golf courses:

   1)   the minimum size is nine holes and 15 acres with no hole to be shorter than 100 yards. For an 18 hole golf course, minimum size is 60 acres;

   2)   a maximum of one principal structure for use as a clubhouse is permitted. One primary accessory building for equipment storage is required. All maintenance equipment must be stored inside. Except for structures which are used for customer shelters, starter kiosks, or concession sales, a maximum of two accessory structures not to exceed 120 square feet each is permitted. Site plan review according to section 300.27 is required for all structures that exceed 120 square feet. The clubhouse design is to be of a residential character and exterior materials are to be primarily wood or brick;

   3)   a minimum of two satellite restrooms or other acceptable facilities are required for each nine holes. The satellites are to be centrally located away from property lines and painted an earth-tone color;

   4)   driving ranges are not permitted except as accessory practice areas for golf courses with nine or more holes and greater than 60 acres. Retail sales are limited to concessions and golf related items that are commonly used by on-premises customers;

   5)   the location must be on or in reasonable proximity to a collector or arterial roadway as defined in the comprehensive plan or otherwise located so that access can be provided without conducting significant traffic on local residential streets. Stop signs are to be installed at all driveway connections to public streets;

   6)   the minimum building setback is 50 feet from all property lines except accessory structures less than 120 square feet for which 25 feet is required. Parking areas are to be set back 20 feet from public right-of-way and 25 feet from residential uses. All parking areas must be screened with berms and landscaping;

   7)   no exterior light sources are permitted on the golf course except:

      a.   building lighting; wall mounted decorative fixtures with low wattage, incandescent luminaires as would commonly be found at single family dwelling units; and

      b.   parking lot lighting; freestanding decorative fixtures, located along parking areas, driveways or sidewalks as would commonly be found at single family dwelling units. When in proximity to low density residential uses, fixture height is limited to 10 feet and low wattage, incandescent luminaires must be used. At isolated, screened locations, a 20 foot fixture height is permitted as long as the luminaire is shielded from off-site views.

   8)   no exterior speakers or public address systems are permitted. Equipment operation must be in accordance with section 850 of the code of ordinances of the city of Minnetonka;

   9)   all tees, greens, fairways and landscaped areas must be equipped with an automatically operated, timed irrigation system;

   10)   water quality protective measures are required as follows:

      a.   maintenance of erosion control barriers during construction and until all ground cover is established;

      b.   a 50 foot undisturbed buffer between turf areas and natural water bodies, watercourses or wetlands must be maintained. The buffer must contain natural vegetation and shall not be chemically treated;

      c.   to the extent practicable, runoff must be directed to on-site holding/sedimentation ponds with a water quality control structure installed at the outlet prior to water discharge from the premises;

      d.   site areas in proximity to fuel and chemical storage areas shall be designed to direct all runoff to an on-site ponding area;

      e.   a chemical storage area must be designated within the accessory building. The area must be surrounded with a curbed barrier;

      f.   all herbicide, insecticide, fungicide and rodenticide chemicals must be stored in a locked enclosure;

      g.   an inventory manifest of stored chemicals must be posted at the entrance of the accessory building;

      h.   at any time widespread or non-spot application of herbicide, insecticide, fungicide or rodenticide is to occur, notification signs must be posted at property lines. The signs are to state the type and name of the chemical, date and time of application, and other appropriate information;

      i.   all chemical applications must be by a Minnesota department of agriculture licensed applicator;

      j.   chemicals shall meet the requirements of the federal insecticide, fungicide and rodenticide act (FIFRA), the environmental protection agency (EPA), the Minnesota pesticide control law and the Minnesota fertilizer control law; and

      k.   an annual chemical application management plan must be submitted for review and approval by the city. The plan is to specify chemicals used, number of annual applications, application rates and method, and other appropriate information.

   11)   a golf course architect or professional landscape architect with experience in designing golf courses must review and approve the safety aspects of the golf course plan;

   12)   to the extent practicable, the golf course must be designed to minimize a potential for activity spill-over onto adjacent properties;

   13)   based on the design of the golf course, the city may require fencing and installation of a lockable gate at access points;

   14)   based on the proximity of adjacent low density residential uses, the number of proposed motorized golf carts, or both, the city may require use of electric golf carts only. Overnight golf cart storage is to be within a building or at a location which is screened from off-site views;

   15)   for 18 hole golf courses, a paved or crushed rock cart path is required along all tee and green areas;

   16)   one sign with maximum area of 30 square feet is permitted. Directional signs not to exceed seven square feet each are exempt from this requirement. The primary sign must be set back 10 feet from public right-of-way unless the city determines that a closer setback will not adversely impact sight distances at driveway or street intersections;

   17)   a landscape plan in accordance with section 300.27, subd. 14, must be provided;

   18)   evidence of liability insurance which specifically covers claims for damage to private property and sudden and accidental pollution events in the amount of $500,000 must be submitted;

   19)   in order to ensure that the site can be restored to prior conditions should golf course construction not be completed, the city may require posting of a financial security acceptable to the city;

   20)   no off-season exterior activity is permitted unless authorized by the city and the owner; and

   21)   evidence that all required jurisdictions including but not limited to watershed district; Minnesota department of natural resources and United States army corps of engineers have approved the golf course plan must be provided.

p)   Utility poles and appurtenances (such as wires) that are over 60 feet in height and freestanding upon the ground, transmission lines that are not subject to state review under the Minnesota power plant siting act, and substations and other related facilities:

   Phase I (Application for Conditional Use Permit):

   1)   The applicant must first participate in a task force study with city staff. The task force may also include landowners representing residential interests that may be affected. The task force will review alternatives for the proposed location. The applicant must submit an alternatives analysis to the task force that includes:

      a.   documentation demonstrating the need and purpose for such a facility so that alternatives to the facility can be adequately assessed;

      b.   all of the alternatives considered by the applicant;

      c.   alternative locations;

      d.   a “no-build” alternative that discusses measures that could be taken in an attempt to meet the documented need without construction of the facility; and

      e.   designation of the applicant's preferred location.

   2)   The city may retain an independent technical expert paid for by the applicant to assist the task force. The expert must be acceptable to the applicant, who may not unreasonably withhold this acceptance. The applicant will have five business days to reject the city's selected expert after receiving notice from the city. If the applicant does not reject the expert within that time, the expert will be deemed to be acceptable. The task force will conduct an analysis of the alternatives and present its report to the city council. The council will narrow the alternatives to two for each facility. One of those alternatives may be a no-build alternative.

   3)   The applicant will then submit an application for a conditional use permit with the following information for each alternative selected by the city council:

      a.   the cost;

      b.   the amount of vegetation that would be removed or damaged;

      c.   for an electrical transmission line or substation, a summary of current research regarding the health effects of EMF levels, conducted by health and scientific professionals, including those who do and do not receive utility sponsorship;

      d.   for an electrical transmission line or substation, EMF levels under maximum and average anticipated loading at the base of the utility poles, underneath the wires between the poles, at ground level above underground wires, at the edge of the property line, at the edge of the closest habitable building, and at the point above ground where there would be the greatest EMF level;

      e.   for an electrical transmission line or substation, reasonable and prudent measures to minimize EMF levels along all alternative routes; and

      f.   depictions of the views of the proposed facility, if above ground, from at least two directions selected by city staff.

   4)   All alternative routes for transmission lines must comply with the following unless the applicant shows that this is not reasonable or prudent:

      a.   the routes must be on or along corridors presently used for public roads, public trails, railroads, or above-ground utilities, or on corridors which were previously used for such purposes and which are being retained for future public or utility purposes;

      b.   arterial or collector streets must be used instead of local roadways, except that local roadways may be used where above-ground electrical lines already exist; and

      c.   platted utility easements in residential zones which do not abut public roads or roadway easements may not be used, unless the lines are placed underground.

   5)   After receiving a complete application, the planning commission must hold a public hearing on the application. At least 10 days before this hearing, the city must mail notice of the hearing to all owners of property wholly or partially within a 400-foot radius of any portion of the alternative locations to be presented to the planning commission.

   6)   The planning commission will recommend a preferred alternative to the city council. The city council will select an alternative for each facility by a majority vote of the members present. The planning commission and council may impose reasonable conditions as part of the approval to protect adjacent property and people.

   7)   In making their decisions, the planning commission and city council must consider the following factors:

      a.   the potential adverse aesthetic, economic, environmental, social, health, and safety impacts on adjacent properties or people;

      b.   the potential interference with public use of public property;

      c.   the applicant's need to adequately and reliably serve customers within the relevant service area now and in the foreseeable future;

      d.   compliance with the requirements in subparagraph 4;

      e.   cost; and

      f.   the purposes in section 300.01 and the general standards in section 300.16, subd. 2 and section 300.21, subd. 2.

   8)   The applicant may notify the city and request selection of a different alternative after the council's action if the applicant believes that it cannot use the selected alternative because of a reason that was beyond its own control and not apparent during the selection process. The council will choose a different alternative if it finds that the applicant is prevented from the using the selected location.

   Phase II (Site Plan Review):

   9)   The applicant must apply for site plan approval after receiving the conditional use permit and before beginning construction. At the applicant’s request, the city council may choose to consider the site plan at the time of the conditional use permit. The application must comply with the conditions specified in paragraphs (9) through (13). The applicant must obtain sufficient interest in the property needed for that alternative before applying for the approval. The city planner must reject an application for a location other than the selected alternative, and it will not be considered.

   10)   The applicant must submit a landscape plan prepared by a registered landscape architect. The plan must be designed to mitigate the amount of trees removed for the facility and must minimize the visual impact on abutting properties caused by the facility. The landscape plan will be subject to review and approval by the city pursuant to section 300.27, subd. 14 through subd. 19 of this code, except the minimum landscape requirements in subd. 15(a). The applicant must submit financial security acceptable to the city to ensure compliance and must install and maintain the landscaping in compliance with those code provisions and the plan as approved by the city. With the concurrence of the abutting property owner, the landscape plan may include plantings on abutting property. In that case, the applicant will be responsible for installation, and the abutting property owner will be responsible for the maintenance of the landscaping.

   11)   The applicant must design the facility to minimize its visual impact. The applicant must submit configuration, material and color options that are technically feasible. The city may require the applicant to design the facility in a manner that reduces the visual impact of the project, including regulating the height and spacing of utility poles. Utility poles may not exceed 80 feet in height, except when needed to cross a major roadway such as a freeway.

   12)   The facility must not interfere with the use of public right-of-way, including use for vehicular and pedestrian travel, snow storage, and lateral support.

   13)   The applicant and any subsequent owner must continually maintain the facility in good condition, including repainting or restaining deteriorated surface finishes, securing poles and guy wires to the ground, and replacing poles that are in a deteriorated condition.

q)   Commercial nurseries:

   1)   shall have a minimum lot size of two acres;

   2)   shall be located next to a collector or arterial street, as identified in the comprehensive plan, or otherwise located so that access to the site will not conduct significant traffic on local residential streets;

   3)   shall not have any exterior display except plants, unless approved by the city council;

   4)   shall screen exterior storage and materials from view from adjacent properties or public streets;

   5)   shall provide at least 10 parking spaces plus one space for each 90 square feet of floor area in the principal building;

   6)   shall only be permitted where it is demonstrated that the nursery will not have an undue adverse impact on adjacent properties and where there will not be a substantial alteration of the neighborhood character; and

   7)   shall be subject to site and building plan review pursuant to section 300.27 of this ordinance.

(Amended by Ord. #99-2, effective January 11, 1999; amended by Ord. #99-25, effective October 11, 1999; amended by Ord. #2000-19, effective October 16, 2000; amended by Ord. #2002-03, effective January 7, 2002; amended by Ord. #2002-08, effective April 22, 2002; amended by Ord. #2004-37, effective December 20, 2004; amended by 2010-18, effective December 20, 2010; amended by Ord. 2011-02, effective April 18, 2011; Ord. 2012-05, effective March 26, 2012; amended by Ord. 2012-07, effective June 25, 2012; amended by Ord. 2013-10, effective June 24, 2013; amended by Ord. 2016-08, effective May 23, 2016; amended by Ord. 2021-20, effective October 4, 2021; amended by Ord. No. 2021-21, effective October 10, 2021)