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 ensure compliance or 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;

d)   the use is consistent with the city's water resources management plan;

e)   the use is in compliance with the performance standards specified in section 300.28 of this ordinance; and

f)   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 each of the following specific standards will be met.

a)   Business service uses normally associated with office developments and containing limited retail activity:

   1)   shall not result in any exterior building modifications, including truck docks, separate entrances, freestanding signs or overnight truck parking; and

   2)   shall not exceed more than 25 percent of the gross floor area.

b)   Residential dwelling units:

   1)   building and site design shall provide a quality residential environment which is compatible with the permitted use;

   2)   residential uses must be within an existing building or constructed as part of a mixed use development;

   3)   at least two off-street parking spaces must be provided for the dwelling unit, with such parking to be in a garage, carport or on a paved area specifically intended for that purpose, but not within a required turnaround;

   4)   the dwelling unit must be in compliance with all applicable building, housing, electrical, plumbing, heating and related city codes;

   5)   the use will be permitted only where the dwelling unit will not have an undue adverse impact on adjacent properties and where there will not be a substantial alteration of the neighborhood character; and

   6)   the city may require buffering or screening if needed.

c)   Restaurants and cafeterias incorporated within a principal structure and oriented predominantly towards serving the needs of employees of the surrounding area but excluding drive-up and exterior walk-up facilities:

   1)   only wall mounted signs, subject to the limitations of section 325 of the code of city ordinances, shall be permitted;

   2)   shall not exceed 15 percent of the gross floor area or 3,000 square feet, whichever is less;

   3)   parking and vehicular circulation shall be in compliance with the requirements of section 300.28 of this ordinance and shall be adequate to accommodate the restaurant;

   4)   shall only be permitted when it can be demonstrated that operation will not significantly lower the existing level of service as defined by the institute of traffic engineers on streets and intersections; and

   5)   hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.

d)   Storage, assembly or servicing incidental to the principal use:

   1)   shall not require any exterior modifications to the structure.

e)   Hospitals and medical clinics:

   1)   shall not be adjacent to low density residential areas;

   2)   site shall have direct access to collector or arterial street as defined in the comprehensive plan; and

   3)   emergency vehicle access shall not be adjacent to or located across a street from any residential use.

f)   Minor manufacturing or assembly incidental to the principal use:

   1)   shall be no outside storage of materials or trucks;

   2)   truck deliveries shall only be permitted when it is evident that they will not detract from the site or adjoining residential areas; and

   3)   shall not exceed 25 percent of the gross floor area.

g)   Heliports:

   1)   shall conform to all applicable federal aviation administration regulations;

   2)   shall establish and utilize approach and departure routes over non-residential areas to the maximum extent possible;

   3)   hours of operation limited to 7:00 a.m. to 9:00 p.m., inclusive, excluding emergencies;

   4)   shall not be located within 500 feet of residential areas; and

   5)   shall be provided with a dust free landing pad.

h)   Hotels and motels:

   1)   shall not be located adjacent to any low density residential parcels as identified in the comprehensive plan;

   2)   shall be developed to serve primarily the office district in which the use is located; and

   3)   shall only be permitted when it can be demonstrated that operation will not significantly lower the existing level of service as defined by the institute of traffic engineers on streets and intersections.

i)   Financial institutions, with or without drive-up facilities: drive-through facilities and stacking areas are subject to the following requirements:

   1)   must not be located adjacent to any residential lot lines;

   2)   must be provided with a suitable visual screen from adjacent properties;

   3)   stacking for a minimum of six cars per aisle must be provided within applicable parking lot setbacks;

   4)   will only be permitted when it can be demonstrated that operation will not significantly lower the existing level of service as defined by the institute of traffic engineers on streets and intersections; and

   5)   must be subordinate to and associated with a permitted use located within a building on the site.

j)   Licensed day care facilities:

   1)   shall have loading and drop-off points designed to avoid interfering with traffic and pedestrian movements;

   2)   outdoor play areas shall be located and designed in a manner which mitigates visual and noise impacts on adjoining residential areas;

   3)   one parking space for each six children based on the licensed capacity of the center; and

   4)   shall obtain all applicable state, county and city licenses.

k)   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.

l)   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 marshal 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.

m)   Public buildings or facilities and cabinets larger than 150 cubic feet that hold utility equipment:

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

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

o)   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.

(Amended by Ord. 2016-08, effective May 23, 2016; Amended by Ord. 2014-07, adopted March 24, 2014; amended by Ord. 2012-07, adopted June 25, 2012; Ord. 2011-02, adopted April 18, 2011; amended by Ord. No. 2023-02, effective February 27, 2023)

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

a)   Outside storage, display, sales or servicing:

   1)   shall be allowed for periods not exceeding 20 days per year and shall include only items sold on the premises;

   2)   screening shall be provided from residential and office business property;

   3)   no public address system shall be audible from any residential property;

   4)   site shall be kept in a neat and orderly fashion;

   5)   no uses shall be permitted in required parking or building setback areas; and

   6)   shall not be permitted within 100 feet of any residential parcel.

b)   Service stations and other automobile related uses having service bays:

   1)   no vehicles which are unlicensed and inoperable shall be stored on premises except in appropriately designed and screened storage areas;

   2)   all repair, assembly, disassembly and maintenance of vehicles shall occur within closed buildings except minor maintenance, including tire inflation, adding oil and wiper replacement;

   3)   no public address system shall be audible from any residential parcel;

   4)   stacking for gas pumps shall be provided for at least one car beyond the pump island in each direction in which access can be gained to the pump. The required stacking shall not interfere with internal circulation patterns or with designated parking areas and shall not be permitted in any public right-of-way, private access easement or within the required parking setback;

   5)   no sales, storage or display of used automobiles, except when a conditional use permit is approved allowing automobile, truck, trailer or boat sales or rentals;

   6)   shall not be located within 100 feet of any low density residential parcel or adjacent to medium or high density residential parcels, as designated in the city's land use plan. The city may reduce separation requirements if the following are provided:

      a.   landscaping and berming to shield the auto service use;

      b.   parking lots are not located in proximity to residential uses; and

      c.   lighting plans which are unobtrusive to surrounding residential uses;

   7)   all canopy lighting shall be recessed lighting, flush mounted with canopy ceiling and having a flat glass lens; and

   8)   canopies shall be set back at least 20 feet from all property lines, but in no case shall the setbacks be less than 30 feet from land that the city’s land use plan designates for residential use.

c)   Non-service station retail facilities having gasoline pumps:

   1)   no vehicles which are unlicensed and inoperable shall be stored on premises;

   2)   no repair, assembly or disassembly of vehicles;

   3)   gasoline pumps, stacking lanes or access drives shall not be located adjacent to low density residential properties unless separated from the low density property by the principal structure or shall be screened from views from mid or high density residential parcels, as designated in the city's land use plan;

   4)   no public address system shall be audible from any residential parcel;

   5)   stacking for gas pumps shall be provided for at least one car beyond the pump island in each direction in which access can be gained to the pump. The required stacking shall not interfere with internal circulation patterns or with designated parking areas and shall not be permitted in any public right-of-way, private access easement or within the required parking setback;

   6)   no sales, storage or display of used automobiles;

   7)   shall be screened from adjacent residential areas;

   8)   all canopy lighting shall be recessed lighting, flush mounted with canopy ceiling and having a flat glass lens; and

   9)   canopies shall be set back at least 20 feet from all property lines, but in no case shall the setbacks be less than 30 feet from land that the city’s land use plan designates for residential use.

d)   Drive-up window or similar facility:

   1)   drive-up windows and stacking areas must not be located adjacent to any residential parcel;

   2)   stacking areas must provide for a minimum of six cars per aisle; and

   3)   public address system must not be audible from any residential parcel; and

   4)   must be subordinate to and associated with a permitted use located within a building on the site.

e)   Storage, assembly or servicing related to the permitted use and occupying between 10 and 25 percent of the gross floor area of the principal structure:

   1)   the building and site shall maintain a predominantly commercial character;

   2)   no exterior storage shall be permitted;

   3)   no overnight parking of trucks on site; and

   4)   truck loading areas shall be fully screened and not located adjacent to any residential lot line.

f)   Fast food restaurants with or without drive-up facilities, except those located in community or regional shopping centers:

   1)   shall be located only on sites having direct access to minor arterial streets or service roads;

   2)   public address systems shall not be audible from any residential parcel;

   3)   stacking for a minimum of six cars per aisle shall be provided within applicable parking lot setbacks;

   4)   shall not be permitted when traffic studies indicate significant impacts on the levels of service as defined by the institute of traffic engineers of adjacent streets and intersections; and

   5)   building shall be set back at least 100 feet and screened from any adjacent property designated in the comprehensive plan for residential use.

g)   Auto, truck, trailer or boat sales or rentals:

   1)   no vehicles that are unlicensed or inoperative, or both shall be stored on the premises, unless they are being repaired and are kept in a closed building;

   2)   all repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building, except minor maintenance, which includes tire inflation, adding oil or wiper replacement;

   3)   no outside storage or display without a separate conditional use permit, except automobiles, trucks, trailers or boats for sale or rent;

   4)   no public address system shall be audible from residential property;

   5)   storage or display areas must be landscaped as required by the parking lot landscaping provisions of section 300.27, subdivision 13;

   6)   the minimum required parking setback shall apply to any automobile, truck, trailer or boat storage, display or waiting areas;

   7)   no test driving of vehicles on local residential streets;

   8)   shall be subject to sign covenants approved by the city;

   9)   the outdoor storage area, display area and building shall be at least 100 feet from any residential zoning district and must include landscaping as required by the city to screen the use from residential zones. The city may reduce the separation and landscaping requirements if the following are provided:

      a)   The trucks are fully screened by the use of berming, fencing or other means approved by the city. The screen must be, at minimum, equal to the height of the tallest trailer or vehicle; and

      b)   The principal structure must be between a residential zone and the drop-off and pick-up areas when drop-off or pick-up activities, or both, occur between 7:00 p.m. and 7:00 a.m.

   10)   automobiles, trucks, trailers or boats must only be parked on paved and striped parking spaces in a location approved by the city, but must not be parked on required parking spaces;

   11)   must be accessory to another use on the same lot in the B-2 zones. The storage area, drop-off/pick-up area, building area and other areas used as part of the sales or rental operation must not exceed 25 percent of the lot area and must meet the standards established in section 300.27, subdivision 5, site and building plan review;

   12)   all vehicle dealers shall be licensed by the state.

   13)   must be located and designed so as not to interfere with internal/external pedestrian and vehicular circulation. A traffic study may be necessary to determine traffic impacts; and

   14)   must not be located to obstruct parking spaces. Parking spaces may be removed for the use only if parking requirements specified in section 300.28 are met.

h)   Theaters:

   1)   for theaters located within shopping centers or otherwise utilizing joint parking arrangement, the applicant shall submit an analysis of parking demand versus availability for review and approval by staff. Additional parking may be required based on this analysis;

   2)   for theaters located within existing structures, the city may require the installation of appropriate building modifications to provide adequate pedestrian and vehicle access; and

   3)   interior and free standing theaters shall only be permitted when it can be demonstrated that vehicular ingress and egress may be accomplished without inducing undue traffic problems on area roadways.

i)   Restaurants having on-sale intoxicating liquor or dance hall licenses:

   1)   parking shall be in compliance with the requirements of section 300.28 of this ordinance;

   2)   shall only be permitted when it can be demonstrated that operation will not significantly lower the existing level of service as defined by the Institute of Traffic Engineers on streets and intersections; and

   3)   shall not be located within 100 feet of any low density residential parcel or adjacent to medium or high density residential parcels. The city may reduce separation requirements if the following are provided:

      a.   landscaping and berming to shield the restaurant use;

      b.   parking lots not located in proximity to residential uses; and

      c.   lighting plans which are unobtrusive to surrounding uses.

j)   Licensed day care facilities; the same standards as specified in subdivision 3(j)(1) through (4), inclusive, of this section shall apply.

k)   Hospitals and medical clinics: the same standards as specified in subdivision 3(e)(1) through (3), inclusive, of this section shall apply.

l)   Cemeteries: the same standards as specified in subdivision 3(k)(1) through (4), inclusive, of this section shall apply.

m)   Marinas: the same standards as specified in subdivision 3(l)(1) through (5), inclusive, of this section shall apply.

n)   Public buildings or facilities and cabinets larger than 150 cubic feet that hold utility equipment: the same standard as specified in subdivision 3(m) of this section shall apply.

o)   Telecommunications facilities are subject to the provisions of Section 300.34.

p)   Accessory sidewalk cafes and outdoor eating areas:

   1)   shall be located in a controlled or cordoned area with at least one opening to an acceptable pedestrian walk. When a liquor license is involved, an enclosure is required and the enclosure shall not be interrupted; access shall be only through the principal building;

   2)   shall not be permitted within 200 feet of any residential parcel and shall be separated from residential parcels by the principal structure or other method of screening acceptable to the city;

   3)   shall be located and designed so as not to interfere with pedestrian and vehicular circulation;

   4)   shall not be located to obstruct parking spaces. Parking spaces may be removed for the use only if parking requirements specified in section 300.28 are met;

   5)   shall be located adjacent to an entrance to the principal use;

   6)   shall be equipped with refuse containers and periodically patrolled for litter pick-up;

   7)   shall not have speakers or audio equipment which is audible from adjacent parcels; and

   8)   shall be located in compliance with building setback requirements.

q)   Residential dwelling units: the same standards as specified in subdivision 3(b)(1) through (6), inclusive, of this section shall apply.

r)   Utility poles and appurtenances (such as wires) that are over 60 feet in height and freestanding upon the ground, and all transmission lines which are not subject to state review under the Minnesota power plant siting act: the same standards as specified in subdivision 4(1) through (19), inclusive, of this section shall apply.

s)   Microbreweries:

   1)   parking requirements:

      a.   microbrewery: one parking space for each 1000 square feet of floor area.

      b.   tap room: one parking space for each 50 square feet of floor area.

   2)   shall have parking and vehicular circulation in compliance with the requirements of section 300.28 of this code and which items must be adequate to accommodate the restaurant; and

   3)   shall only be permitted when it can be demonstrated that operation will not significantly lower the existing level of service as defined by the Institute of traffic engineers on the roadway system.

(Amended by Ord. 2014-07, adopted March 24, 2014; amended by Ord. 2012-07, adopted June 25, 2012, Ord. 2011-19, adopted August 22, 2011; amended by Ord. 2011-02, adopted April 18, 2011; amended by Ord. #2005-09, adopted April 4, 2005; amended by Ord. No. 2023-02, effective February 27, 2023)

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

a)   Outside storage, display, sales or servicing: the same standards as specified in subdivision 4(a)(1) through (6), inclusive, of this section shall apply.

b)   Service stations and other automobile related uses having service bays: the same standards as specified in subdivision 4(b)(1) through (8), inclusive, of this section shall apply.

c)   Non-service station retail facilities having gasoline pumps: the same standards as specified in subdivision 4(c)(1) through (9), inclusive, of this section shall apply.

d)   Drive-up window or similar facility: the same standards as specified in subdivision 4(d)(1) through (4), inclusive, of this section apply.

e)   Storage, assembly or servicing related to the permitted use occupying between 10 and 25 percent of the gross floor area of the principal structure: the same standards as specified in subdivision 4(e)(1) through (4), inclusive, of this section shall apply.

f)   Fast food restaurants with or without drive-up facilities, except those located in community or regional shopping centers: the same standards as specified in subdivision 4(f)(1) through (4), inclusive, of this section shall apply.

g)   Auto, truck or boat sales: the same standards as specified in subdivision 4(g)(1) through (10), inclusive, of this section shall apply.

h)   Theaters: the same standards as specified in subdivision 4(h)(1) through (3), inclusive, of this section shall apply.

i)   Restaurants having on-sale intoxicating liquor or dance hall licenses: the same standards as specified in subdivision 4(i)(1) through (3), inclusive, of this section shall apply.

j)   Licensed day care facilities: the same standards as specified in subdivision 4(j)(1) through (3), inclusive, of this section shall apply.

k)   Hospitals and medical clinics: the same standards as specified in subdivision 3(e)(1) through (3), inclusive, of this section shall apply.

l)   Cemeteries: the same standards as specified in subdivision 3(k)(1) through (4), inclusive, of this section shall apply.

m)   Marinas: the same standards as specified in subdivision 3(l)(1) through (5), inclusive, of this section shall apply.

n)   Public buildings or facilities and cabinets larger than 150 cubic feet that hold utility equipment: the same standard as specified in subdivision 3(m) of this section shall apply.

o)   Telecommunication facilities are subject to the provisions of section 300.34.

p)   Accessory sidewalk cafes and outdoor eating areas: the same standards as specified in subdivision 4(r)(1) through (8), inclusive, of this section shall apply.

q)   Residential dwelling units: the same standards as specified in subdivision 3(b)(1) through (6), inclusive, of this section shall apply.

r)   Utility poles and appurtenances (such as wires) that are over 60 feet in height and freestanding upon the ground, and all transmission lines which are not subject to state review under the Minnesota power plant siting act: the same standards as specified in subdivision 4(1) through (19), inclusive, of this section shall apply.

s)   Microbreweries: the same standards as specified in subdivision 4(s)(1) through (3), inclusive, of this section shall apply.

(Amended by Ord. 2014-07, adopted March 24, 2014; amended by Ord. 2011-19, adopted August 22, 2011; amended by Ord. No. 2023-02, effective February 27, 2023)

In addition to the standards specified in subdivision 2, no conditional use permit shall be granted unless the city council determines that each of the following standards will be met:

a)   Heliports: the same standards as specified in subdivision 3(g)(1) through (5), inclusive, of this section shall apply.

b)   Retail or service uses occupying between 25 and 50 percent of the gross area of the principal structure:

   1)   shall be no exterior modifications to the building;

   2)   shall have no outside storage or display and no accessory structures; and

   3)   shall have sufficient parking, consistent with the standards specified in section 300.28 of this ordinance.

c)   Cemeteries: the same standards as specified in subdivision 3(k)(1) through (4), inclusive, of this section shall apply.

d)   Marinas: the same standards as specified in subdivision 3(l)(1) through (5), inclusive, of this section shall apply.

e)   Public buildings or facilities and cabinets larger than 150 cubic feet that hold utility equipment: the same standard as specified in subdivision 3(m) of this section shall apply.

f)   Vehicle towing businesses:

   1)   there shall be no impound lot on the proposed location;

   2)   no exterior storage of unlicensed and inoperative vehicles;

   3)   any exterior storage of towed vehicles or vehicles awaiting service shall be screened from view of adjacent properties;

   4)   shall not be located within 200 feet of residential zoning district; and

   5)   hours of operation may be limited by the city council if deemed appropriate to protect residential properties in the area from adverse impacts.

g)   Auto body repair and painting businesses:

   1)   shall not be located within 200 feet of any residential zoning district;

    2)   shall not have any exterior storage of unlicensed or inoperable vehicles;

   3)   shall have all repair activity take place within the principal building; and

   4)   shall have all vehicles scheduled for repair parked in the principal building or completely screened from view of adjacent properties.

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

i)   Waste transfer facilities:

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

   2)   minimum site area shall be 10 acres;

   3)   the exterior surfaces of all buildings erected on the property shall be faced with brick, stone, architectural concrete masonry units, or an equivalent approved by the city;

   4)   exterior loading docks shall not be on any street frontage. Handling all material brought to or removed from the site shall be on those sides of the building that do not face a street or proposed street(s);

   5)   parking areas, driveways, circulation and stacking lanes shall be designed, surfaced and curbed in accordance with city code;

   6)   the horizontal stacking of trucks and other equipment shall occur on-site and off public rights-of-way;

   7)   an on-site stormwater collection system shall be installed to collect and treat stormwater prior to release into the city's collection system or natural drainageway;

   8)   the principal building structure shall maintain a 100 foot setback from stormwater holding areas, natural drainage facilities, wetlands, shorelands and floodplains;

   9)   all structures shall maintain a 500 foot setback from any residential zoning district and all parking and loading areas and driveway lanes shall maintain a 100 foot setback from any residential area;

   10)   all trucks and equipment traveling to or away from the site, except for personal vehicles, shall be restricted to designated routes established by the city. The operator of any transfer station shall be responsible for notifying truck operators of the route designation by the city. The city will not revoke a conditional use permit granted under this subsection for off-site violations beyond the control of the transfer station operator or owner;

   11)   access routes shall utilize arterial roadways;

   12)   no loading, unloading, cleaning of vehicles, equipment or containers, shall occur outside of a fully enclosed structure;

   13)   on-site storage or handling of hazardous waste materials as defined by state law is prohibited. Hazardous waste materials inadvertently delivered to the facility shall be promptly removed from the site in accordance with county and state requirements. Special programs for the collection of residential hazardous waste may be conducted within the facility with prior city approval;

   14)   there shall be no storage of solid waste outside of an enclosed structure;

   15)   all parking, vehicular and operational use areas shall be screened from public streets and adjacent properties;

   16)   all trucks and other operations equipment shall be parked in a designated screened area of the site;

   17)   the emission of noxious matter shall be controlled so that no concentration of such matter, at or beyond the lot line, will be detrimental to or endanger the public health, safety, comfort or general welfare or cause damage to property. Noxious matter means any solid, liquid or gaseous material including but not limited to gases, vapors, odor, dusts, fumes, mists, or combinations thereof, the emission of which does not comply with federal or state environmental laws and standards. The operator of the facility shall comply with a regular inspection schedule as approved by the city sanitarian and shall submit quarterly reports of such inspections to the city sanitarian;

   18)   air quality and the generation of dust or other particulates related to transfer station operations, including vehicle emissions, shall be periodically monitored. The operator of the facility shall be responsible for monitoring the site quarterly, or more frequently as determined by the city sanitarian and violations of state standards shall be abated;

   19)   the operator of the solid waste transfer station shall cooperate with the city in order to facilitate periodic city inspections of the facility as the city may deem necessary;

   20)   a pest control plan shall be implemented, that is acceptable to the city sanitarian including, but not limited to, a contract with a licensed pest control operator for regular service;

   21)   hours of operation shall not exceed the following: 7:00 a.m. to 6:00 p.m. Monday through Friday for commercial haulers; 7:00 a.m. to 9:00 p.m. Monday through Friday for recycling center; 7:00 a.m. to 6:00 p.m. Saturdays for all uses;

   22)   the operator of the site must ensure that the site and operation is in constant compliance with all city ordinances;

   23)   the applicant shall obtain all applicable federal, state, county, watershed district and city permits; and

   24)   other conditions as deemed necessary by the city to ensure public health, safety and welfare.

j)   Utility poles and appurtenances (such as wires) that are over 60 feet in height and freestanding upon the ground, and all transmission lines which are not subject to state review under the Minnesota power plant siting act: the same standards as specified in subdivision 4(1) through (19), inclusive, of this section shall apply.

k)   Microbreweries: the same standards as specified in subdivision 4(s)(1) through (3), inclusive, of this section shall apply.

(Amended by Ord. 2014-07, adopted March 24, 2014; amended by Ord. 2011-19, adopted August 22, 2011; amended by Ord. #2002-08, adopted April 22, 2002; amended by Ord. #2002-03, adopted January 7, 2002; amended by Ord. #2000-19, adopted October 16, 2000; amended by Ord. #1999-25, adopted October 11, 1999)