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New Hope City Zoning Code

Sec. 4-15

LB, limited business district.

(a)

Purpose. The purpose of the LB, limited business district is to provide for low intensity office, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this district are to provide goods and services on a limited community market scale and located in areas which are well served by collector or arterial street facilities at the edge of residential districts.

(b)

Permitted uses, LB. The following are permitted uses in an LB district:

(1)

Office business.

(2)

Restaurant.

(3)

Retail business.

(4)

Service business.

(5)

Municipal government and utility buildings.

(6)

Personal services. Subject to any licensing requirements of chapter 8 of this Code or county or state licensing requirements.

(7)

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, LB. The following are permitted accessory uses in an LB district:

(1)

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

(2)

Parking. Off-street parking as regulated by subsection 4-3(e).

(3)

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

(4)

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

(5)

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

(d)

Uses by administrative permit. The following are uses by administrative permit in the LB 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)

Personal wireless antennas per subsection 4-3(l)(2) of this Code.

(2)

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

(3)

Drive-through service lanes. A drive-through service lane accessory to any permitted or conditionally permitted business or use shall be allowed only if the following additional criteria are satisfied:

a.

Stacking. Not less than 120 feet of segregated automobile stacking must be provided for the 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 lane and its access must be designed to control traffic in a manner to protect the buildings and will not interfere with on-site traffic circulation or access to the required parking space.

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 glare to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site.

e.

The drive-through window and its stacking lanes shall be screened from view of adjoining residential zoning districts and public street rights-of-way.

f.

Hours. Hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic, noise, and glare.

g.

A lighting and photometric plan will be required that illustrates the drive-through service lane lighting and 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 shall 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(e) 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 4-3(b)(5) 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, LB. The following are conditional uses in an LB 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)

PUD, commercial. Commercial planned unit development as regulated by section 4-34.

(2)

Open outdoor storage. As an accessory use provided that:

a.

Maximum space. Open outdoor storage areas connected with the principal use are limited to 30 percent of the gross floor area of the principal use.

b.

Setbacks. Open outdoor storage areas are not located within any front yard or side yard abutting a public right-of-way. Open outdoor storage areas are set back five feet from all side and rear lot lines and not located within a utility or drainage easement.

c.

Surfacing. Open outdoor storage areas are surfaced with concrete or bituminous.

d.

Fencing. A wire weave/chain link security fence is erected around the open outdoor storage area in conformance with subsection 4-3(d)(3)c of this Code.

e.

Screening/landscaping. Open outdoor storage areas are landscaped, fenced, and screened from view of adjoining properties and public rights-of-way in accordance with the provisions of subsection 4-3(d)(3) of this Code.

f.

Required parking. Open outdoor storage areas do not utilize any required off-street parking, loading areas, or access space, as required by subsections 4-3(e) and 4-3(f) of this Code.

g.

Hazardous materials. Open outdoor storage areas are not used for storage of hazardous liquids, solids, gases or wastes.

h.

Refuse and upkeep. Open outdoor storage areas are kept free of refuse, trash, debris, weeds, and waste fill.

i.

Lighting. All lighting is hooded and so directed that the light source is not visible from the public right-of-way or from neighboring residences.

(3)

Open or outdoor service, sale and display. As an accessory use provided that:

a.

Outside services, sales and displays connected with the principal use is limited to 30 percent of the gross floor area of the principal use.

b.

Outside sales areas are landscaped and fenced or screened from view of neighboring residential uses or an abutting residential district.

c.

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.

d.

Areas are asphalt or concrete surfaced.

e.

The use does not take up parking space or loading areas as required for conformity to this Code.

(4)

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.

(f)

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

(1)

Lot area. 10,000 square feet.

(2)

Lot width. 80 feet.

(3)

Building height. Three stories or 36 feet, whichever is greater.

(4)

Setbacks.

Front: Local Street Front: Arterial or Community Collector Street (a) Rear Side: Interior Side Yard (b) Side Corner: Local Street Side: Arterial or Community Collector Street (a)
20 feet 20 feet 30 feet 10/20 feet 20 feet 20 feet

 

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

(b) Ten-foot side yard setbacks are required except a 20-foot side yard setback will be required where the lot abuts an R-1 or R-2 zoning district.

(Ord. No. 02-13, § 3, 10-14-2002; Ord. No. 18-08, § 2, 1-28-2019; Ord. No. 24-15, § 4, 12-9-2024)