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Mounds View City Zoning Code

B-1, NEIGHBORHOOD

BUSINESS DISTRICT

§ 160.165 PURPOSE.

   The purpose of the B-1, Neighborhood Business District is to provide for the establishment of local centers for convenient, limited office, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. These centers are to provide services and goods for the surrounding neighborhoods and are not intended to draw customers from the entire community.
(Prior Code, § 1112.01)

§ 160.166 PERMITTED USES.

   (A)   The following are permitted uses in a B-1 District:
      (1)   Barber shops;
      (2)   Beauty parlors;
      (3)   Convenience grocery stores (not supermarket type);
      (4)   Essential services;
      (5)   Laundromat, self-service washing and drying;
      (6)   Thrift or second-hand store;
      (7)   Retail business for local or neighborhood needs subject to the following limits:
            (a)   The sale of dry goods, clothing, notions and variety merchandise; and
            (b)   The sale of books, magazines, newspapers, gifts, jewelry, music, stationery or office supplies.
      (8)   Dry cleaning and laundry receiving and pick-up stations (with no cleaning or pressing done on site);
      (9)   Florist shop;
      (10)   Candy and ice cream stores (shall not include drive-through and/or window pick-up services);
      (11)   Tailor shop, dress making, clothing rental store;
      (12)   Professional and service business offices such as accountant, architect, broker, engineer, attorney, realtor, appraiser, finance agency, insurance agency, investment agency, travel agency, mortgage company;
      (13)   Medical, dental, chiropractic, counseling or other health-related office or clinic; and
      (14)   Repair store that provides services for the repair of home, garden, yard and personal use appliances, tool or equipment (except for motorized vehicles or gas-powered equipment). All repair work shall be done inside the building and there shall not be any outdoor sales or storage.
   (B)   The city will allow uses similar to those listed above in this section if the proposed use would not create a nuisance and if the use would not be noxious or hazardous. The City Council shall review uses that are not clearly similar to those listed in this section for a determination of compatibility.
(Prior Code, § 1112.02) (Ord. 845, passed 06-24-2010)

§ 160.167 ACCESSORY USES.

   The following are permitted accessory uses in a B-1 District:
   (A)   Commercial or business buildings and structures for a use accessory to the principal use, but such use shall not exceed 30% of the gross floor space of the principal use;
   (B)   Off-street parking as regulated by §§ 160.330 through 160.344 of this chapter, but not including semi-trailer trucks;
   (C)   Off-street loading as regulated by §§ 160.355 through 160.361 of this chapter;
   (D)   Signs as regulated by Ch. 161 of this code of ordinances;
   (E)   Temporary open or outdoor services, sales and rental as an accessory use and including sales in or from motorized vehicles, trailers or wagons, subject to the following.
      (1)   The activity shall not continue for a period greater than ten consecutive days or for more than three ten-day periods per year. Permit periods must be separated by a minimum of 30 days;
      (2)   Notwithstanding Art. 13, § 7, of the Minnesota Constitution, a permit issued by the city shall be obtained prior to commencing the activity;
      (3)   A permit will not be issued without the written consent of the property owner;
      (4)   The sales area shall be grassed or surfaced to control dust;
      (5)   The activity shall not take up parking space as required for conformity of this chapter; and
      (6)   All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with §§ 160.030 and 160.031 of this chapter.
   (F)    Outdoor vending kiosks; provided that:
      (1)   The kiosks shall accept only electronic forms of payment;
      (2)   The kiosks may be placed only at retail stores, motor fuel stations and restaurants;
      (3)   The kiosk shall be placed immediately adjacent to the host business’s building;
      (4)   No loss of parking or interference with the flow of traffic, accessibility or egress shall occur due to the placement of a vending kiosk.
   (G)   Solar energy sources and systems and geothermal energy sources and systems as regulated by §§ 160.435 through 160.438 of this chapter; and
   (H)   Temporary outdoor food sales as an accessory use and including sales in or from motorized vehicles, trailers or wagons, subject to the following.
      (1)   The activity shall not continue on the same property for a period greater than 21 consecutive days.
      (2)   A license issued by the city shall be obtained prior to commencing the activity if otherwise required by Title XI of this code of ordinances.
      (3)   A permit will not be issued without the written consent of the property owner.
      (4)   The sales area shall be grassed or surfaced to control dust.
      (5)   The activity shall not take up parking space as required for conformity of this chapter.
      (6)   All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with §§ 160.030 and 160.031 of this chapter.
      (7)   The provisions of § 160.167(E) of this chapter are not applicable to temporary outdoor food sales as an accessory use.
(Prior Code, § 1112.03) (Ord. 733, passed 05-10-2004; Ord. 735, passed 05-10-2004; Ord. 867, passed 03-08-2012; Ord. 896, passed 01-26-2015; Ord. 902, passed 05-26-2015; Ord. 970, passed 01-13-2020; Ord. 989, passed 03-28-2022) Penalty, see § 160.999

§ 160.168 CONDITIONAL USES.

   The following are conditional uses in a B-1 District (requiring a conditional use permit based upon procedures set forth in and regulated by §§ 160.450 through 160.452 of this chapter):
   (A)   Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community; provided that:
      (1)   Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met;
      (2)   Equipment is completely enclosed in a permanent structure with no outside storage;
      (3)   Adequate screening and landscaping from neighboring residential districts is provided in accordance with § 160.030(A) through (E) of this chapter; and
      (4)   The provisions of § 160.450(E) of this chapter are considered and satisfactorily met.
   (B)   Professional and commercial (leased) offices; provided that:
      (1)   The traffic generated will not raise traffic volumes beyond the capacity of the surrounding streets;
      (2)   The architectural appearance of the building housing the office use shall reflect the building character of the area and shall not be so dissimilar as to cause impairment of property values or constitute a blighting influence within the neighborhood; and
      (3)   The provisions of § 160.450(E) of this chapter are considered and satisfactorily met.
   (C)   Commercial planned unit development as regulated by §§ 160.315 through 160.319 of this chapter;
   (D)   Wireless telecommunications towers and antennas subject to the provisions established in §§ 160.395 through 160.401 of this chapter; and
   (E)   Day care center, group nursery; provided that:
      (1)   No overnight facilities are provided for the children served. Children are delivered and removed daily;
      (2)   The front yard depth shall be a minimum of 35 feet;
      (3)   Minimum lot area shall be no less than one acre, or as provided in § 160.056(B)(2)(c) of this chapter;
      (4)   Not less than 40 square feet of outside play space per child be provided and that such space be suitably fenced and/or screened in accordance with conditions as specified by the City Council;
      (5)   Adequate off-street parking and access is provided in compliance with §§ 160.330 through 160.344 of this chapter;
      (6)   Adequate off-street loading and service entrances are provided in compliance with §§ 160.355 through 160.361 of this chapter;
      (7)   The site and related parking and service entrances shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated;
      (8)   All signing and informational or visual communication devices shall be in compliance with Ch. 161 of this code of ordinances;
      (9)   The provisions of § 160.450(E) of this chapter are considered and satisfactorily met;
      (10)   The distance between any outdoor play yard for a day care center or group nursery and the Highway 10 right-of-way line shall be a minimum of 200 feet, except as provided in § 160.376(A)(3) of this chapter; and
      (11)   No day care center or group nursery shall be permitted where the distance from the property line for the day care center or group nursery to a premises requiring a liquor license, as provided in §§ 110.015 through 110.030 of this code of ordinances, or a license for an adult establishment, as provided in Ch. 116 of this code of ordinances, if 500 feet or less; except that, the 500-foot requirement shall not apply to any liquor establishment receiving at least 60% of its annual gross sales revenue from the sale of food.
(Prior Code, § 1112.04) (Ord. 588, passed 02-10-1997; Ord. 590, passed 11-25-1996; Ord. 595, passed 04-14-1997; Ord. 896, passed 01-26-2015)

§ 160.169 INTERIM USES.

   (A)   The following are interim uses in a B-1 District requiring an interim use permit. An interim use permit must be obtained in accordance with procedures identical in form and substance to the conditional use permit procedures found in § 160.452 of this chapter. Interim use permits may be approved for a determined or undetermined period of time at the sole discretion of the City Council.
   (B)   Temporary tents and/or membrane structures, under the following conditions.
      (1)   The tent or membrane structure shall comply with all provisions of the Fire Code and receive an annual fire permit issued by the Fire Marshal.
      (2)   The property owner shall annually apply for a zoning permit, the duration of which cannot exceed 180 days.
      (3)   Adequate parking to accommodate the occupancy shall be provided at a ratio of one parking space per 40 square feet of tent area. (The City Council may waive the parking requirement if it can be shown that the site has sufficient existing parking capacity.)
      (4)   The structure may not be located in or on a parking lot displacing parking stalls, unless it can be shown that an adequate amount of parking remains.
      (5)   The tent or membrane structure shall be subject to same building setbacks as the principal building on the lot. No tent or membrane structure shall be allowed instead of or without a principal building.
      (6)   The tent or membrane structure shall be limited in size to 5,000 square feet or 10% of the principal building’s square footage, whichever is less.
      (7)   The membrane or cover shall be constructed of a durable reinforced material to withstand wind and snowloads.
      (8)   The structure shall be anchored to the ground.
      (9)   The tent or membrane structure shall be maintained in a good condition. Deficiencies shall be corrected as soon as practicable.
      (10)   The IUP can be reviewed at any time by the city if problems arise which would necessitate revision or termination of the IUP.
      (11)   The IUP would become null and void if the property owner fails to comply with the provisions of the permit or if the structure is removed for more than a one-year period, or if the property undergoes a change of ownership.
      (12)   Exceptions:
            (a)   Tents or membrane structures erected for periods that do not exceed one week shall not require an interim use permit; however, a zoning permit and fire permit are required regardless of the time frame.
            (b)   To eliminate duplication of review, when a use (such as, outdoor sales or storage) would otherwise require a conditional use permit, an interim use permit shall not be required if a tent or membrane structure is involved and is addressed as part of the CUP.
(Prior Code, § 1112.05) (Ord. 735, passed 05-10-2004)