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) Within the planned I-394 district, permitted uses shall be only those uses at the permitted densities and intensities specified for each property in the comprehensive guide plan. Uses which may be available depending upon the specific guide plan map designations include the following:
a. office: office used for administrative, executive, professional and like activity;
b. service commercial: business uses primarily engaged in commercial activities other than the sale of goods or merchandise;
c. retail commercial: uses which primarily involve the sale of goods or merchandise to the general public for personal or household consumption. Retail commercial includes cannabis retail businesses subject to City Code
650. Office and service commercial uses as noted above are also permitted;
d. mid-density residential: residential development at densities ranging from 4 to12 units per acre; and
e. high-density residential: residential development at densities exceeding 12 units per acre.
2) A use which is generally referenced as a conditionally permitted use but which does not meet the definition or criteria for the conditionally permitted use is not a permitted use. For example, any restaurant which does not meet the requirements for the various categories of restaurants under conditionally permitted uses is not permitted.
3) Exterior display, sales or storage: within the planned I-394 district, exterior display, sales or storage of merchandise, consumer goods or business related items is not permitted. Exceptions to this requirement are limited to the following:
a. development existing on May 18, 1988: properties which contain exterior display, sales or storage of merchandise, consumer goods or business related items may continue this activity. Except as provided below in section
300.31, subd. 4(a)(3)(b) and (c), the entire property is subject to all applicable performance requirements of this ordinance when site changes, exterior improvements or expansions to the property are proposed;
b. expansion of development existing on May 18, 1988: properties which contain exterior display, sales or storage of merchandise, consumer goods or business related items may expand the exterior display, sales or storage in existence on May 18, 1988 by no more than 20 percent of the entire property area. In no case, however, can the expansion extend along I-394 by more than an additional 10 percent of the property's I-394 right-of-way frontage existing on the effective date of this section. This 10 percent limitation is measured as follows:
1. the existing display area means any display in the area between the property line generally parallel to I-394 and the front faces of the principal structure, with the front face of the structure at each side extended to the side property lines;
2. the length of the front property line (generally parallel to I-394) of the property is multiplied by 10 percent; and
3. the limits of the existing display area may be extended in one or both directions parallel with I-394 no greater than a total of the number of feet determined in subparagraph 2.
Variances to permit expansion of exterior display, sales or storage greater than 10 percent of the property frontage will be considered, but not necessarily granted, only upon evidence that appropriate screening such as landscaping, berming, structure location, or other amenities not otherwise required by this ordinance compensates for the visual impact of the additional expansion.
This expansion may extend to adjacent property not being used for that use on the effective date of this section. Property area shall include all contiguous property under common ownership which is being used for one principal use, including exterior display, sales or storage, on the effective date of this section, regardless of political boundaries, but shall not include area within wetlands or floodplain districts. Expansion will be approved only upon the entire development being subject to compliance with all applicable landscape, lighting, noise, buffering and setback requirements of this ordinance.
c. exterior display, sales, or storage of motor vehicles on property within the I-394 redevelopment overlay districts No. 6 and No. 7: properties may be developed consistent with a conditional use permit issued pursuant to section
300.31, Subd. 4(b)(2)(i).
4) Also permitted in the planned I-394 district are cabinets no larger than 150 cubic feet that hold utility equipment and for which a landscape plan has been approved by the city planner; overhead utility poles and lines for a distribution line up to a maximum height of 60 feet as measured from the ground upon which it is located, except that utility poles and lines for a distribution line may be taller than 60 feet, but not taller than 80 feet, when needed to cross a major roadway such as a freeway.
5) Solar energy systems are permitted as an accessory use within the I-394 district.
c) Conditionally permitted uses:
1) Notwithstanding the above, the city may issue a conditional use permit to allow a maximum of 25 percent of the gross floor area of all buildings within one development to be used for land uses not designated by the comprehensive guide plan. Review standards for this conditional use permit shall include the following:
a. shall be in compliance with standards applicable to similar uses as specified in paragraph (2) below;
b. shall be permitted only when it is demonstrated that the use will meet traffic requirements contained in subdivision 6 and that the use will not significantly lower the level of service as defined by the institute of traffic engineers on the roadway system;
c. shall be permitted only as part of a unified development project;
d. shall be permitted only upon a determination by the city that the use is compatible with a unified development project and is consistent with the policies specified in the comprehensive plan; and
e. shall be further limited in size if needed to ensure compliance with the intent of this ordinance and the comprehensive plan.
2) Because of impacts associated with certain specific uses, the city has determined that a conditional use permit is required for the following uses. A permit will be issued only if the city finds that the standards specified below for each use are met, that the use is in the best interest of the city, that the use is compatible with other nearby uses, and that the use is consistent with other requirements of this ordinance.
a. Business service uses normally associated with office developments on properties designated for office use 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 of the building(s) in which it is located.
b. Storage, assembly or servicing incidental to the principal use on properties designated for office, retail, or service commercial uses:
1. shall not have outside storage of materials or trucks;
2. shall not require any exterior modifications to the structure; and
3. shall not occupy more than 25 percent of the building.
c. Minor manufacturing or assembly incidental to the principal use on property designated for office, retail or service commercial uses:
1. shall not have outside storage of materials or trucks;
2. shall not have truck deliveries unless it is demonstrated by the applicant that the deliveries will not cause adverse impacts to the site or adjoining residential areas; and
3. shall not exceed 25 percent of the gross floor area of the building in which it is located.
d. Hospitals and medical clinics on property designated for office, retail or service commercial uses:
1. shall not be adjacent to low density residential areas;
2. shall have direct access from the site to a collector or arterial street as defined in the comprehensive plan;
3. shall not have emergency vehicle access adjacent to or located across a street from any residential use; and
4. may be required to submit a detailed parking analysis for uses exceeding 10,000 square feet. Additional parking may be required based on this analysis.
e. Heliports on property designated for office use:
1. shall conform to all applicable federal aviation administration and Minnesota department of transportation regulations;
2. shall establish and utilize approach and departure routes over non-residential areas to the maximum extent possible;
3. shall have 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;
5. shall be provided with a dust free landing pad; and
6. shall be fenced or otherwise secured to prevent unauthorized access.
f. Hotels and motels including accessory uses within the building such as restaurants, convention facilities and limited retail areas on property designated for service commercial use:
1. shall not be located adjacent to residential parcels unless the following criteria are met:
a) parking and loading facilities are screened from residential views; and
b) lighting and sign plans are unobtrusive to residential uses.
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 the roadway system; and
3. are required to submit a detailed parking demand analysis. Additional parking may be required based on this analysis.
g. Licensed day care facilities on property designated for office, retail or service commercial use:
1. shall have loading and drop-off points designed to avoid interfering with traffic and pedestrian movements;
2. shall have outdoor play areas located and designed in a manner which mitigates visual and noise impacts on adjoining residential areas;
3. shall have 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.
h. Public buildings or facilities, and cabinets larger than 150 cubic feet that hold utility equipment, on property designated for any use:
1. are subject to site and building plan review pursuant to section 300.27 of this ordinance.
i. service stations and other automobile related uses having service bays on property designated for retail use:
1. must have no unlicensed and inoperable vehicles stored on premises except in storage areas where the contents are completely screened from the view from nearby properties;
2. must conduct all repair, assembly, disassembly and maintenance of vehicles within closed buildings except minor maintenance, such as inflating tires, adding oil and replacing wipers;
3. must have no public address system audible from any residential parcel;
4. must provide stacking for gas pumps 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. must have no sales, storage or display of motor vehicles, unless the following criteria are met:
a) the parcel is located within the I-394 redevelopment overlay district No. 6 or No. 7;
b) all inventory and display vehicles located outside of a building or structure, must be at finish grade level. No jack stands, risers, or other mechanisms may be used to elevate any vehicle for display purpose;
c) class II motor vehicle sales (used car sales) are allowed only as an accessory part of the new car sales;
d) the sale of vehicles may occur during the times and days allowed by state law;
e) vehicles must not be displayed in any yard area, drive aisle, or fire lane;
f) the overall hardsurface coverages must not exceed 70% and floor area ratios must not exceed 0.6 except that the hardsurface coverage may extend to 80% with innovative stormwater management methods and treatment measures subject to approval by the city engineer;
g) the architectural and site standards must comply with section
300.31(7)(a);
h) the landscaping must comply with Section
300.31(7)(b) and must contain a wall, berm or other feature that is constructed for long term durability when adjacent to residentially zoned property to minimize to the greatest extent reasonably possible, noise and visual impacts;
i) parking lot and site security lighting must comply with section
300.31(7)(c) and in addition, the following requirements:
1) Maximum of 450 watts per fixture.
2) Maximum height of light standards is 30 feet in outdoor display areas as defined in
300.31 Subd. (4)(a)(3)(b) and 25 feet in all other outdoor areas.
3) Maximum of 1 watt per square foot surface parking area.
4) The lighting plan shall be designed to have 0.0 foot-candles at residential property lines with the understanding that ambient light from other sources may spill on the property and influence actual on site measurements.
j) Parking requirements must comply with one of the following:
1) fifty percent of the total on-site parking spaces must be in a structured parking ramp, or
2) if the city deems appropriate, surface parking without a ramp under the following conditions:
(a) total on-site parking must not exceed one parking space for every 200 square feet of building area, and
(b) submittal of a plan that adequately screens 50% of the total parking spaces from public view.
k) vehicles parked within a parking structure must be screened from view from surrounding residential uses;
l) the customer parking spaces must be clearly signed and may not be used at any time for inventory vehicle parking;
m) all pickups and drop offs of vehicles must occur on site and off public streets;
n) all loading and unloading of vehicles must occur on site and off public streets;
o) customer testing of vehicles may occur only on non-residential streets and only with a store employee;
p) no loudspeaker paging system may be used;
q) all rooftop equipment must be fully screened from ground level view of adjacent properties;
r) all signs must be consistent with this code;
s) poured-in-place concrete curbs must be constructed and maintained on the perimeter of parking lots and traffic islands; and
t) all trash and recyclable materials must be screened from public view.
6. must 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 auto service use;
b) parking lots not located in proximity to residential uses; and
c) lighting plans which are unobtrusive to surrounding residential uses;
j. Retail facilities having gasoline pumps on property designated for retail use:
1. shall have no vehicles which are unlicensed and inoperable stored on premises;
2. shall conduct no repair, assembly or disassembly of vehicles;
3. shall not locate gasoline pumps, stacking lanes or access pumps adjacent to low density residential properties unless separated from the low density property by the principal structure or from mid or high density residential parcels by screening sufficient to block the view of those items from those parcels;
4. shall have no public address system audible from any residential parcel;
5. shall provide stacking for gas pumps 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; (Figure 31-1)
6. shall have no sales, storage or display of automobiles; and
7. shall be screened from adjacent residential areas.
k. Uses having a drive-up window or similar facility on property designated for office, service commercial or retail use:
1. must not have drive-up windows and stacking areas located adjacent to any residential parcel;
2. must be provided with a suitable visual screen from adjacent properties;
3. must provide stacking areas with a minimum of six cars per aisle on the property in areas not within applicable setback requirements; and
4. must not have public address system audible from any residential parcel.; and
5. the drive-up window or similar facility must be subordinate to and associated with a permitted or conditionally- permitted use located within a building on the site.
l. Theaters on property designated for service commercial or retail use:
1. theaters located within shopping centers or otherwise utilizing joint parking arrangement shall submit an analysis of parking demand versus availability for review and approval by the city. Additional parking may be required based on this analysis if available parking does not meeting the expected demand;
2. theaters located within existing structures may be required to install 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.
m. Restaurants and cafeterias on property designated for office, retail or service commercial use incorporated within a portion of 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. shall be permitted only wall mounted signs, subject to the limitations of section
325 of this code;
2. shall not exceed 15 percent of the gross floor area of the building in which it is located;
3. 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
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 the roadway system.
n. Freestanding restaurants on property designated for retail or service commercial use:
1. shall have minimum seating capacity of 150;
2. shall be part of an overall master development plan consisting of more than one structure;
3. shall be architecturally consistent and compatible with other structures in the master development plan;
4. shall have parking in compliance with the requirements of section 300.28 of this code;
5. shall be permitted only when it can be demonstrated that operation will not lower significantly the existing level of service as defined by the institute of traffic engineers on the roadway system;
6. shall not include a drive-up window; and
7. 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.
o. Restaurants other than those included in paragraph m. and n. and fast food restaurants on property designated for retail use:
1. must be in retail multiple tenant centers only and conform to the architecture of a specific center;
2. will not be permitted when traffic studies indicate significant impacts on the levels of service as defined by the Institute of Traffic Engineers on the roadway system;
3. outdoor seating areas will be approved only subject to the following:
a) must 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 must be only through the principal building;
b) must be set back at least 200 feet and screened from any adjacent property designated in the comprehensive plan for residential use;
c) must be located and designed so as not to interfere with pedestrian and vehicular circulation;
d) must be located next to an entrance to the main use;
e) must be equipped with refuse containers and periodically patrolled for litter pick-up;
f) must not have speakers or audio equipment that is audible from adjacent residential parcels; and
g) must meet building setback requirements.
4. drive-up windows and related stacking spaces will be approved only subject to the following:
a) public address systems must not be audible from any residential parcel; and
b) stacking for a minimum of six cars per aisle must be provided subject to applicable parking lot setbacks.
c) must be set back at least 100 feet and screened from any adjacent property designated in the comprehensive plan for residential use.
5. restaurants or fast-food restaurants with less than 1,200 square feet gross floor area, designed seating capacity not exceeding 25, having no drive-up window and located in retail multiple tenant centers are exempt from the requirements of this section and are considered to be a standard retail use. For tenants with accessory fast-food restaurants, the 1,200-square-foot calculation will include the total gross area of all restaurants and fast-food restaurants within the tenant space.
p. Health clubs and accessory uses within the building on property designated for service commercial use:
1. shall have any active outdoor use areas screened from residential views;
2. shall submit a detailed parking demand analysis. Additional parking may be required based on this analysis; and
3. shall not be permitted when traffic studies indicate significant impacts on the levels of service as defined by the institute of traffic engineers on the roadway system.
q. Exterior display, sales or storage consistent with the provisions of section
300.31, subd. 4(a)(3):
1. all merchandise, consumer goods and business related items shall be kept in a neat and orderly fashion at locations indicated on approved plans;
2. a combination of landscaping and berming to screen views of the exterior sales, display or storage area from adjacent properties shall be provided;
3. all service or maintenance activity shall occur within the principal building;
4. all applicable provisions of section 300 shall be met;
5. public address systems shall not be audible on residential property. If continued complaints regarding audible public address systems are received, the city retains the right to require removal of the system; and
6. detailed lighting plans shall be provided which show that there will be no direct residential views of the light source. Decorative light fixtures shall be provided. Stringer type lighting is not permitted.
r. Telecommunication facilities, subject to the provisions of Section
300.34.
s. Microbreweries: the same standards as specified in section
300.21, subdivision 4(s)(1) through (3), inclusive, of this section shall apply.
d.) Interim Uses: The following uses are allowed in the PID 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:
1) Outdoor entertainment;
1. 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 sightlines, existing or proposed physical barriers, existing natural resources, and proposed landscaping;
2. 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. in a controlled or cordoned area; and
4. to not interfere with pedestrian or vehicular circulation;
b. 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;
c. Must not occur between the hours of 10:00 p.m. and 7:00 a.m.;
d. Must be in compliance with applicable health, public safety, and building code regulations as imposed by the city or other pertinent agency.
2) Temporary telecommunications towers;
a. May not be located adjacent to any low or medium-density residential property;
b. Maximum tower height, excluding lightning rods, is 150 feet;
c. Accessory equipment must meet minimum setback requirements established for accessory structures; and
d. Tower, antennas, and support structures must be painted a non-contrasting color consistent with the surrounding area such as: gray, brown, or silver, or have a galvanized finish to reduced visual impact. Metal towers must be constructed of, or treated with, corrosion-resistant material.
a. Must be located in a suitable off-street location and shall not extend into adjacent right-of-way or other public property;
b. Must not interrupt vehicular circulation on the site or obstruct parking spaces needed by a permanent business established on the site;
c. Must have written authorization from the property owner;
d. Business operator must secure all applicable licenses and approvals from the city, Hennepin county or other appropriate jurisdictions;
e. 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;
f. No portion of the use may take place within 100 feet of any developed property zoned for residential use;
g. Signs are subject to the following:
1. No more than four signs are allowed, which do not exceed 32 square feet in aggregate;
2. Incidental product or pricing signs must be placed directly next to the appropriate product;
3. Product advertising is permitted but must be included in the maximum allowed sign area;
4. The signs must have a professional appearance and must be securely mounted or erected in a safe location; and
5. These limitations apply to all signs associated with the use, including those affixed to vehicles;
h. Any display of items must be limited to representative samples and be arranged in as compact a manner as reasonably practicable;
i. 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
j. Violation of the above standards or other conditions placed upon the interim use permit will result in the immediate revocation of the interim use permit;
(Amended by Ord. No. 2016-08, effective May 23, 2016; Amended by Ord. No. 2014-07, adopted March 24, 2014; Amended by Ord. No. 2012-07, adopted June 25, 2012; Amended by Ord. No. 2008-21, adopted July 28, 2008; Amdended by Ord. No. 2014-07, adopted March, 2014; Amended by Ord. No. 2021-11, adopted June 28, 2021; amended by Ord. No. 2022-18, effective November 14, 2022; amended by Ord. No. 2023-02, effective February 27, 2023; amended by Ord. No. 2024-17, effective November 18, 2024; amended by Ord. No. 2025-07, effective June 23, 2025)