(a)

Purpose. The purpose of the R-B, residential-business district is to provide for high density residential use and for the transition in land use from middensity residential to low intensity business allowing for the intermixing of such uses.

(b)

Permitted uses, R-B. The following are permitted uses in the R-B district:

(1)

Two-family/multiple-family. Two-family, townhome, and multiple-family dwelling structures.

(2)

Boarding houses. Boarding houses limited to not more than ten resident persons.

(3)

Public parks and playgrounds.

(4)

Office business not exceeding 4,000 gross square feet of floor area.

(5)

Retail business not exceeding 4,000 gross square feet of floor area.

(6)

Service business (on-site) not exceeding 4,000 gross square feet of floor area.

(7)

Personal services. Not exceeding 4,000 gross square feet and subject to any licensing requirements of chapter 8 of this Code or county or state licensing requirements.

(8)

Essential services. (See definition).

(9)

Cannabis retail business, and retail endorsements for cannabis microbusiness and cannabis mezzobusiness subject to all requirements in section 8-41 and the buffer zones set forth in section 4-3(o) and lower-potency hemp edible retailer subject to all requirements in section 8-41.

(c)

Permitted accessory uses, R-B. The following are permitted accessory uses in an R-B district:

(1)

Accessory building. Accessory building for commercial uses shall not exceed 30 percent of the gross floor space of the principal building.

(2)

Auto parking. Private garages, parking spaces and carports for licensed and operable passenger cars and trucks not to exceed a gross weight of 12,000 pounds, as regulated by subsection 4-3(e) (off-street parking) of this Code.

(3)

Off-street loading as regulated by subsection 4-3(f) of this Code.

(4)

Recreational facilities. Swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests.

(5)

Storage sheds. Tool house, shed and/or similar building for storage of domestic supplies and noncommercial recreational equipment.

(6)

Accessory antennas. Accessory antennas in conformance with subsection 4-3(b)(6)h of this Code.

(7)

Adult use—Accessory. Subject to the regulations of subsection 4-3(k) of this Code.

(d)

Uses by administrative permit. The following are uses by administrative permit in the R-B district. (Requires an administrative permit based on the procedures set forth in and regulated by section 4-31 and the performance standards set forth in section 4-3 of this Code.

(1)

Accessory building side yard setback reduction per subsection 4-3(b)(6)c of this Code.

(2)

Personal wireless service antennas per subsection 4-3(l) of this Code.

(3)

Municipal government and utility buildings. Municipal government, publicly regulated communications, and public utility buildings and structures necessary for the health, safety and general welfare of the community, provided that:

a.

Compatibility and setbacks. Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met.

b.

Equipment enclosed. Equipment is completely enclosed in a permanent structure with no outside storage.

(4)

Outdoor sales of seasonal products subject to the permit requirements of chapter 8 of this Code.

(5)

Drive-through service lanes accessory to a permitted or conditionally permitted commercial use within the R-B district, providing the following criteria are satisfied:

a.

Stacking. Not less than 120 feet of segregated automobile stacking lane must be provided for a single service lane. Where multiple service lanes are provided, the minimum automobile stacking may be reduced to 60 feet per lane.

b.

Traffic control. The stacking lanes and their drive's access must be designed to control traffic in a manner to protect the buildings and green area on the site.

c.

Use of street. No part of the public street or boulevard may be used for stacking of automobiles.

d.

Noise. The stacking lane, order board intercom and window placement shall be designed and located in such a manner as to minimize noises and glare as to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site.

e.

Drive-through service windows and stacking lanes must be screened from adjoining residential uses.

f.

Hours of operation. The hours of operation may be limited as necessary to minimize the nuisance factor such as traffic, noise, or glare.

g.

A lighting and photometric plan will be required that illustrates that the drive-through service lane lighting shall comply with subsection 4-3(d)(5) of this Code.

(4)

Outdoor dining, accessory. Outdoor dining as an accessory use for restaurants, drive-in, and convenience food establishments, under a conditional use permit subject to the following conditions:

a.

The applicant be required to submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations.

b.

Access to the dining area be provided only via the principal building if the dining area is a full service restaurant, including table waiting service.

c.

The size of the dining area is restricted to 30 percent of the total customer floor area within the principal structure.

d.

The dining area is screened from view from adjacent residential uses in accordance with subsection 4-3(d)(3) of this Code.

e.

All lighting be hooded and directed away from adjacent residential uses in accordance with subsection 4-3(d)(5) of this Code.

f.

The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following:

1.

Outdoor dining area shall be segregated from through pedestrian circulation by means of temporary fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the city council.

2.

Minimum clear passage zone for pedestrians at the perimeter of the restaurant shall be at least five feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like.

3.

Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven feet above sidewalk.

g.

The dining area is surfaced with concrete, bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface.

h.

A minimum width of 36 inches shall be provided within aisles of the outdoor dining area.

i.

Storage of furniture shall not be permitted on the sidewalk between November 1 and March 31. Sidewalk furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subject to the storage prohibition of this section. However, any immovable or permanently fixed or attached furniture must be approved as part of the administrative permit application.

j.

Additional off-street parking shall be required pursuant to the requirements set forth in subsection 4-3(f) of this Code based on the additional seating area provided by the outdoor dining area.

k.

Refuse containers are provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter.

l.

Rooftop dining facilities shall be permitted provided they meet all applicable conditions as listed herein and in addition:

1.

Provide permanent walls of fencing around the periphery of the dining area at a minimum height of 42 inches to ensure the safety of persons/property.

2.

Any permanent structures, including divider walls, trellis work, etc. be included as part of the building upon which they are located and are subject to the building height limitations as specified in subsection 4-11(f)(3) of this Code.

3.

The submitted plans for a rooftop dining facility as well as the building upon which the proposed outdoor dining is to occur is subject to review by the city building inspector. The inspector will determine whether the building is structurally capable of handling the additional weight of persons and equipment.

(e)

Conditional uses, R-B. The following are conditional uses in an R-B district: (Requires a conditional use permit based upon procedures set forth in and regulated by sections 4-30(c) and 4-33 and the performance standards set forth in section 4-3 of this Code,

(1)

Office, business, retail business, and service businesses in excess of 4,000 gross square feet of floor area provided that:

a.

Street access. The site and related parking and service entrances are served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated.

b.

Traffic flow. Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement.

c.

Buffers. When abutting an R-1, R-2, R-3, or R-4 district, a buffer area with screening and landscaping in compliance with subsection 4-3(d)(3) shall be provided.

d.

Retail businesses shall occupy the first floor of multiple story buildings. Mixed use occupancy may occur on any floor above the first floor.

(2)

Restaurant (general or convenience) provided that:

a.

Street access. The establishment must have access to a collector or arterial street.

(3)

Combined residential and nonresidential. Buildings combining residential and nonresidential uses allowed in this district provided that:

a.

Separate floors. Residential and nonresidential uses shall not be contained on the same floor.

b.

Residential uses shall be provided separate entrances, and separately identified parking stalls.

c.

Conflict of uses. The residential and nonresidential uses shall not conflict in any manner.

(4)

PUD, residential and commercial. Residential and commercial planned unit developments and townhomes as regulated by section 4-34 of this Code.

(5)

Day care facility and/or adult day care. A day care facility (as defined in subsection 4-2(b)) and/or an adult day care (as defined in subsection 4-2(b)) serving 13 or more people provided that:

a.

Off-street parking. Adequate off-street parking and access are provided in compliance with subsection 4-3(e) of this Code. The design and location of the facility drop off area shall not interfere with internal site circulation.

b.

Off-street loading. Adequate off-street loading and service entrances are provided in compliance with subsection 4-3(f) of this Code. The loading area size may be reduced or the requirement waived if the site cannot physically accommodate a loading berth to the size required. All deliveries must be received at times that will not conflict with customer or employee building access or peak parking demand.

c.

Outdoor recreation area. Outdoor areas for active or passive recreation shall be provided in compliance with the following requirements:

1.

Each facility shall provide a minimum of 1,500 square feet of outdoor recreation area and must have 75 square feet of outdoor recreation area per person within the outdoor recreation area at any given time. The outdoor recreation area may be reduced for adult day care if the applicant can demonstrate that limited client mobility warrants a reduction of the outdoor recreation area.

2.

The outdoor recreation area shall be located in a side or rear yard, shall be subject to accessory building setbacks, and shall be fully enclosed and delineated via fencing and landscaping in accordance with subsection 4-3(d) of this Code.

3.

No more than 75 percent of the outdoor recreation area shall be covered with an impervious surface. The surfacing material shall be subject to the approval of the city engineer. The remaining 25 percent of the outdoor recreation area shall be green space and shall be planted with grass or sod and landscaped.

4.

The outdoor recreation area must be free of litter, rubbish and waste.

d.

Signs. All signing, information or visual communication devices shall comply with section 3-40 of this Code.

e.

General conditional use requirements. The relevant provisions of section 4-33 of this Code are met.

f.

Building and fire code. The site and facility must meet all applicable provisions of the Minnesota State Building Code and Fire Code. The city building official and fire department shall inspect the site prior to the issuance of the conditional use permit to determine compliance with this subsection of the Code.

g.

State and license regulations. The structure and operation shall be in compliance with all state regulations and shall be licensed accordingly.

(6)

Group care facility. A state licensed facility serving seven or more persons.

a.

The facility is licensed by the state and the operator of the facility provides documentation of compliance with all applicable federal, state, and county regulations.

b.

The facility is not located within 1,320 feet of any similar type use or care facility.

c.

The entrance of the facility is located within 400 feet of a public transit route and stop, and pedestrian access is available, or the operators provide a transportation/access plan which is found acceptable by the city council.

d.

The operation is subject to annual review and continual monitoring by the city and is found to be in compliance with all applicable construction and operation regulations and standards.

(7)

Long term care facility. Long term care facility, but not including hospitals, sanitariums or similar institutions, provided that:

a.

Street access. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated.

b.

Permits and state laws. All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured.

(8)

Senior housing. Senior housing provided that:

a.

Age limit. Within a senior housing facility, 80 percent of the dwelling units must be occupied by at least one person of the age of 55 years or older.

b.

Public transit. The site of the main entrance of the principal use is served or is located within 400 feet of regular transit service.

c.

Elevators. Elevator service is provided to each floor level.

d.

Open space. 20 percent of the gross lot area shall be maintained for passive or active recreational use.

(9)

Apartment density bonus. Except for senior housing, apartments containing ten units or more may pursue a reduction up to 20 percent of the required lot area per unit based upon the following bonus features and square foot reductions.

(f)

Lot requirements, building heights, and setbacks. The following minimum requirements shall be observed in the R-B zoning district subject to additional requirements, exception, and modification set forth in this Code.

(1)

Lot area.

a.

Base lot.

1.

Twinhome. 10,000 square feet.

2.

Multiple-family or townhomes. 15,000 square feet.

3.

Other uses. 15,000 square feet.

b.

Lot area per unit.

1.

Twinhomes, quadraminiums/townhomes. 5,000 square feet.

2.

Other multiple-family dwellings. 2,000 square feet.

3.

Senior and physical disability housing. 1,000 square feet.

(2)

Lot width.

a.

Twinhomes. 75 feet.

b.

Twinhomes—Corner lot. 90 feet.

c.

Multiple-family dwelling; townhomes. 80 feet.

d.

Multiple-family dwelling; townhomes—Corner lot. 100 feet.

e.

Other uses. 90 feet.

f.

Other uses—Corner lot. 100 feet.

(3)

Building heights. Six stories or 72 feet, whichever is greater.

(4)

Setbacks.

(a) See subsection 4-3(c)(6)b of this Code.

(b) Ten-foot side yard setbacks are required except a five-foot side yard setback is permitted for an attached garage.

(c) For each additional story over three stories or for each additional ten feet over 40 feet, the rear and side yard setback requirements shall be increased by five feet.

(Ord. No. 02-13, § 2, 10-14-2002; Ord. No. 14-06, § 2, 2-24-2014; Ord. No. 24-15, § 3, 12-9-2024)