The following uses are allowed in the B-2 district only pursuant to an approved interim use permit and in conformance with the standards specified in section
300.05 of this ordinance and the additional standards specified below:
a) Any use authorized as a conditional use or other similar uses as determined by the city planner. These uses must meet the standards and conditions outlined for the corresponding conditional use unless waived by the city council, given the temporary nature of the use.
1) must be located in a suitable off-street location and shall not extend into adjacent right-of-way or other public property;
2) must not interrupt vehicular circulation on the site or obstruct parking spaces needed by permanent business established on the site;
3) must have written authorization from property owner;
4) business operator must secure all applicable licenses and approvals from the city, Hennepin county or other appropriate jurisdictions;
5) sight visibility clearances at street intersections and access points must be provided in accordance with section
300.15, subd. 9(e) of this ordinance or as determined by the city to protect public safety;
6) no portion of the use may take place within 100 feet of any developed property zoned for residential use;
7) signs are subject to the following:
a. no more than four signs are allowed, which do not exceed 32 square feet in aggregate;
b. incidental product or pricing signs must be placed directly next to the appropriate product;
c. product advertising is permitted, but must be included in the maximum allowed sign area;
d. the signs must have a professional appearance and must be securely mounted or erected in a safe location; and
e. these limitations apply to all signs associated with the use, including those affixed to vehicles;
8) any display of items must be limited to representative samples and be arranged in as compact a manner as reasonably practicable;
9) the interim use permit will be issued in the name of the person requesting the permit and will be for the purpose of selling a particular item or range of items at a specific location. Any change in the person, location or items sold will render the permit invalid; and
10) violation of the above standards or other conditions placed upon the interim use permit will result in immediate revocation of the interim use permit;
c) outside sales and display of plant materials except those associated with a commercial nursery;
1) is allowed only for nursery type merchandise that is normally associated with the principal use and sold outdoors;
2) must be located in compliance with building setback requirements except side or rear yard setbacks when the city determines that locations in those areas will not impact adjacent properties or public views;
3) is not permitted where there is a shortage of parking spaces or where it would cause in excess of 10 percent of parking spaces to be removed from service;
4) must be located in a controlled or cordoned area which does not obstruct vehicular circulation;
5) must be kept in a neat and orderly fashion;
6) must not include a public address system;
7) must not include the display of banners, stringers or advertising items except as permitted in section
325; and
8) is not permitted within 200 feet of the nearest existing or potential residential structure (a potential location is measured from the closest setback line on a residentially zoned property) and must be screened from views of residential and office business property; the city may determine that outdoor display and sales is becoming a permanent site feature and require that permanent facilities attached and complimentary to the principal building be constructed;
d) sidewalk sales exceeding allowable standards described for accessory uses and carnivals:
1) permits will only be granted if the applicant can demonstrate that the operation is located in an area that is removed from residential parcels and that adequate buffering is provided to minimize adverse impacts on residential property from the operation. Buffering adequate to comply with this standard may include substantial physical separation supplemented by one or more of the following: a landscaped buffer, natural vegetation, or location of a building between the operation and property line as determined by the city;
2) the use of outdoor speaker systems is prohibited;
3) a loss of the use of parking stalls determined by the city to be required to accommodate both normal parking demand and demands associated with the proposed operation is not allowed;
4) hours of operation will be imposed by the city dependant on the level of activity and adverse impacts on adjacent properties;
5) compliance with sign limitations imposed by the ordinance for temporary signs is required;
6) pedestrian access in and around the site cannot be blocked or impaired;
7) the retention of an off-duty police officer(s) may be required if deemed necessary by the chief of police to control large crowds and direct traffic if there is interference with normal traffic flow;
8) evidence of liability coverage of at least $300,000, with the city identified as an additional insured, must be provided for carnivals, in a form acceptable to the city attorney;
9) financial security acceptable to the city to insure compliance with the stipulations of approval and maintenance of the site must be posted. The minimum amount of the financial security is $5,000. Higher amounts may be required by the city if deemed appropriate based upon the size of the event and potential for problems in these areas;
10) compliance with applicable health, public safety and building code regulations as imposed by the city is required;
11) traffic flow must not unreasonably interfere with traffic on adjacent streets, intersections and curb cuts; events will not be approved when roads and intersections serving the site are under construction or repair to the extent that traffic capacities and flows are impaired;
12) only one event per site per calendar year will be allowed;
13) an acceptable plan must be submitted detailing the boarding and hygiene facilities to be used by the employees associated with the carnival operations and sale. Such employees are not permitted to be boarded overnight in temporary or mobile structures placed on the site; and
14) if a promotional carnival places an undue burden on the city or adjacent properties as evidenced by police responses or complaints, the city may deny future promotional carnival conditional use permits at that location.
e) outdoor entertainment;
a. at least 100 feet from any residential property as measured from the closest property lines of the properties. The city may modify this distance based on physical characteristics of the commercial and residential properties such as: existing sight lines, existing or proposed physical barriers, existing natural resources, and proposed landscaping;
b. 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;
c. in a controlled or cordoned area; and
d. to not interfere with pedestrian or vehicular circulation;
2) must not use public address systems, speakers, or other audio equipment which is audible anywhere on a residential lot that is within 400 feet, and must not create noise that is unreasonably disturbing to a reasonable person of ordinary sensitivity anywhere on a residential lot that is within 400 feet. The distance will be measured from the property lines of the source and receiving properties that are closest to each other. Whether the sound is unreasonably disturbing to a reasonable person will be determined under section 850.005;
3) Must not occur between the hours of 10:00 p.m. and 7:00 a.m.; and
4) Must be in compliance with applicable health, public safety, and building code regulations as imposed by the city or other pertinent agency.
(Amended by Ord. 2016-08, effective May 23, 2016; Amended by Ord. 2014-07, adopted March 24, 2014; amended by Ord. 2012-13, adopted September 18, 2012; added by Ord. 2012-07, adopted June 25, 2012; Ord. 2011-19, adopted August 22, 2011; amended by Ord. No. 2025-07, effective June 23, 2025)