(a)

Purpose. The purpose of the CB, community business district is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or subregion.

(b)

Permitted uses, CB. The following are permitted uses in a CB district:

(1)

Essential services.

(2)

Municipal government and utility buildings.

(3)

Hospitality business.

(4)

Office business (commercial, professional and medical).

(5)

Personal services. Subject to the licensing requirements of chapter 8 of this Code.

(6)

Recreational business not exceeding 10,000 square feet in area.

(7)

Restaurant (cafes, delicatessens, convenience food).

(8)

Retail business.

(9)

Service business.

(10)

Theaters.

(11)

Trade schools not exceeding 10,000 square feet in area.

(12)

Health clubs not exceeding 10,000 square feet in area.

(13)

Sports training centers not exceeding 10,000 square feet in area.

(14)

Brewpub.

(15)

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, CB. The following are permitted accessory uses in a CB 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, CB. The following are uses by administrative permit in the CB 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) 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 required parking spaces.

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

e.

The drive through 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 that 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 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 for restaurants located in shopping centers, multiple tenant buildings or within a site with shared parking. Freestanding restaurants may exceed the 30 percent outdoor dining size restriction provided they meet the following provisions:

1.

The freestanding restaurant is located on its own lot and does not share parking with other businesses.

2.

The maximum allowable size of the outdoor dining area shall be based on site meeting the city's parking requirement for restaurant dining and bar space for both the indoor and outdoor dining.

3.

The outdoor dining area shall maintain a minimum setback of five feet from property lines abutting other commercial properties or public streets.

4.

The outdoor dining areas shall maintain a minimum setback of 30 feet from property lines abutting a residential land use.

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 4-16(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.

(5)

Sale of propane or LP gas accessory to automobile service station. The sale of propane or LP gas in automobile service stations, if the sale of such item is clearly subordinate to and accessory to the principal use of the site as an automobile service station, provided as conditions precedent to the issuance of conditional use permit, the council shall find:

a.

Tank location. Storage tanks shall not be located within the required front yard. Tanks shall be located not less than 25 feet from any other property line.

b.

Open area. Storage tanks shall be surrounded by 25 feet of open area. Storage of any kind is prohibited in said open area, except equipment incidental to the storage tank. Approved parking areas must be setback ten feet from any storage tank.

c.

Setback from building. Storage tanks shall be setback from existing structures, as outlined in the International Fire Code, based on tank size.

d.

Circulation. Storage tanks shall not interfere with the site circulation including, but not limited to, parking, driveways, curb cuts and loading areas.

e.

Screening. Storage tanks shall be screened from view from public rights-of-way and adjacent properties. Screening must be constructed in such a way as to permit access by emergency vehicles and avoid interference with firefighting on the site.

f.

Valves. All filling valves of the storage tanks shall be enclosed and have locking devices and be locked when not in use.

g.

Tank access. Storage sites shall be accessible by service, customer, and emergency vehicles. Access shall accommodate vehicles with a 30-foot wheel base.

h.

Warning signage. A warning sign shall be required for every tank and shall be placed in a conspicuous location directly on the tank indicating a supplier's name, address, phone number, that highly dangerous and flammable material is stored therein and that no smoking requirements must be observed or a sufficient warning to that affect. Said signage may not exceed four square feet nor may it be used for advertising purposes.

i.

Tank size. Storage tanks shall not exceed 1,000 gallon water capacity.

(e)

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

(1)

Planned unit development—Commercial. Commercial planned unit development as regulated by section 4-34.

(2)

Recreational business facilities. Recreational business facilities exceeding 10,000 square feet in area, provided that:

a.

Access. The site of the proposed use has direct access to a minor arterial street as defined in section 13-2 of this Code, without utilizing public streets of a lower traffic handling classification to reach the minor arterial street.

b.

Compatibility. The primary recreational facilities are enclosed such that the architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment to property values or constitute a blighting influence.

c.

Access. Vehicular access points shall be limited and designed and constructed to create a minimum of conflict with through traffic movement.

(3)

Outdoor sales and services, accessory. Open or outdoor service, sale and rental is an accessory use under a conditional use permit provided that:

a.

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

b.

Screened from residential. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting "R" district in compliance with subsection 4-3(d)(3) of this Code.

c.

Lighting shielded. 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 subsection 4-3(d)(5) of this Code.

d.

Surfacing. Sales area is grassed or surfaced to control dust, mud and to provide a clean, attractive and usable surface.

e.

Parking. Does not take up parking space required for conformity to this Code.

(4)

Auto repair (major and minor), motor fuel facilities.

a.

Safety. Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Code for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property.

b.

Motor fuel facilities. Motor fuel facilities are installed in accordance with state and city standards. Additionally, adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands.

c.

Area. Minor auto repair sites shall have a minimum lot area of 22,500 square feet. Major auto repair sites shall have a minimum lot area of 30,000 square feet and minimum lot width of 130 feet.

d.

Compatibility. Motor fuel facilities shall be accompanied by a commercial building having a minimum floor area of 1,600 square feet. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot.

e.

Surfacing/drainage. The entire site other than that taken up by a building, structure or plantings shall be surfaced with either concrete or bituminous to control dust and drainage. Site surfacing and drainage are subject to the approval of the city.

f.

Curbing. A curb not less than six inches above grade shall separate the public sidewalk from motor vehicle service areas.

g.

Green strip. At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and screened in compliance with subsection 4-3(d)(3) of this Code.

h.

Canopy. Canopies located over pump islands shall be allowed as accessory structures subject to the following specifications:

1.

Canopy setbacks shall be a minimum of ten feet from the property line. Adequate visibility both on and off site must also be maintained.

2.

Canopies shall not be allowed in rear yards not abutting a public street.

3.

Maximum canopy height may not exceed 20 feet, and shall provide a minimum clearance of 14 feet.

4.

Canopy facades may not exceed three feet in height.

5.

Reflected glare or spill light may not exceed four-tenths foot candles, as measured on the property line when abutting residentially zoned property and one foot candle measured on the property line when abutting other commercial or industrially zoned property.

6.

Signage may be allowed on the canopy as permitted in subsection 3-4(f)(5) of this Code.

i.

Stacking. Magazining or stacking space is constructed with screening subject to the approval of the city.

j.

Pedestrian traffic. An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles.

k.

Noise. Noise control shall be as required in the noise control section of this Code.

l.

Open outdoor storage. No open outdoor storage except as allowed in compliance with subsection 4-16(e)(9) of this Code.

(5)

Convenience store with gasoline. Grocery and/or food operations, with convenience gas (no vehicle service or repair), provided that:

a.

Permitted uses. The retail sales involve uses or activities which are allowed in LB and CB Districts.

b.

Sanitation. Any sale of food items is subject to the approval of the county who shall provide specific written sanitary requirements for each proposed sale location based upon applicable state and county regulations.

c.

Licenses. The nonautomotive sales shall qualify for and be granted an annual food handling, retail sales license or other license, as circumstances shall require, in addition to the conditional use permit.

d.

Outdoor sales/display. Outdoor sales shall be subject to a separate conditional use permit consistent with subsection 4-16(e)(3) of this Code.

e.

Hours of operation. The hours of operation shall be limited to 6:00 a.m. to 12:00 p.m., unless extended by the city council.

f.

Motor fuel facilities associated with a convenience store shall be subject to all the specifications of an auto repair, as outlined in subsection 4-16(e)(4) of this Code.

(6)

Motor vehicle sales, service, leasing/rental and repair. Motor vehicle sales/leasing/rental, service and repair is allowed as a conditional use permit provided that:

a.

Required uses. The uses of motor vehicle sales/leasing/rental, service and repair must all be provided on the subject property.

b.

Same site. All customer-oriented uses associated with the business shall be on the lot of principal activity or business and shall not be separated by a public street, alley or other land use.

c.

Location. The subject property must be accessible from a major or minor arterial street as defined by the New Hope Comprehensive Plan.

d.

Compatibility. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. All sides of the principal and accessory structures are to have essentially the same or a coordinated, harmonious finish treatment.

e.

Required plans. A detailed site plan, landscaping plan, and lighting plan shall be required illustrating all existing and proposed buildings, outdoor sales and storage areas, parking, loading and trash facilities, setbacks, landscaping, exterior lighting and all other necessary information as determined by the city.

f.

Lot standards. The minimum lot area shall be one acre. The minimum lot width shall be 100 feet.

g.

Sales area. The outdoor automobile sales/leasing/rental area shall not be greater than one and one-half times the gross floor area of the principal building. A minimum of 280 square feet of sales/leasing/rental area per vehicle shall be provided.

h.

Setbacks. All parking areas, driveways, and open outdoor storage areas shall be at least five feet from all side and rear property lines. The area shall be landscaped and screened in accordance with subsection 4-3(d)(3) of this Code.

i.

Front yard/display area. Outdoor motor vehicle sales/leasing/rental display area may be permitted within the required front yard provided the following criteria are met:

1.

The outdoor sales/leasing/rental area does not exceed 40 percent of the required front yard.

2.

The outdoor sales/leasing/rental display area shall not be less than ten feet from the front lot line.

3.

The required display area setback shall be curbed and landscaped to prevent vehicle encroachment into the front yard and side yard setback areas.

4.

Reserved.

5.

The front yard display area shall not be used for customer or employee parking.

j.

Open outdoor storage. The open outdoor storage of waste material, debris, refuse, damaged vehicles, and junk vehicles parts and the like shall be contained within a specifically defined area of the site no greater than ten percent of the total site area. Said area must be located in the rear yard and encompassed by a minimum six foot high screened security fence. Said fence must be accompanied by landscape plantings along all sides which face adjoining properties. No open outdoor storage of any kind is allowed on the rooftop of any building on the site. Areas intended for the storage of damaged vehicles that may result in the loss of motor vehicle fluids (i.e., gasoline, oil, antifreeze, transmission fluid, battery acid, etc.) shall be designed to prevent the infiltration or drainage of these fluids into area soils or stormwater runoff and prevent the deterioration of parking and storage area surfaces.

k.

Outdoor repair. The outdoor repair of motor vehicles or motor vehicle parts anywhere on the property is prohibited.

l.

Parking. In addition to the required parking for the principal use or activity, one off-street parking stall for every 1,000 square feet of outdoor motor vehicle sales area shall be required. Areas used for outdoor sales shall be separated from the required off-street parking stalls. The required off-street parking shall not be used for outdoor sales or storage and shall be specifically marked for customer or employee use.

m.

Striping. All areas intended for customer vehicle parking or storage shall be striped with painted lines not less than four inches in width and shall be maintained for legibility on a regular basis. The front yard sales/leasing/rental display area need not be striped.

n.

Curbing. All parking areas, driveways, sales areas and open outdoor storage areas shall have a continuous perimeter concrete curb of not less than six inches in height.

o.

Surfacing. All parking area, driveway, sales area and open outdoor storage area shall be surfaced with bituminous or concrete material.

p.

Drainage. The entire site shall have a drainage system which shall be subject to city approval.

q.

Lighting shielded. All lighting shall be hooded and so directed that the light shall not be visible from the public right-of-way and so that no light or glare shines on adjacent property, buildings or structures.

r.

Noise. Noise control shall be regulated by the noise control section of this Code.

s.

Trash receptacle. An enclosed trash handling facility shall be provided which conforms with the following provisions:

1.

The exterior wall treatment shall be similar and/or complement the principal building.

2.

The enclosed trash receptacle shall be located in the rear yard.

3.

The trash receptacle must be in an accessible location for trash pick up vehicles.

4.

The trash enclosure must be fully screened and landscaped from view of adjacent properties and the public right-of-way.

t.

Accessory buildings. The principal use may have one accessory building or structure, no larger than 30 percent of the floor area of the principal building. Accessory buildings must be constructed of the same type of materials as the principal building. Similar architectural treatment will be required on all sides of the building.

u.

Signage. A detailed signage plan in conformance with section 3-40 of this Code shall be submitted to the city for review and approval:

1.

Promotional signage attached or affixed to an automobile is prohibited.

2.

Banner, pennants, streamers and other temporary promotional signage may be permitted in accordance with subsection 3-40(d)(1) of this Code.

v.

Flags. If the American Flag is displayed in conjunction with this conditional use permit, it must comply with the laws outlined in 36 USCS, Section 173-176.

(7)

Car washes. Car washes (drive through, mechanical and self-service) provided that:

a.

Compatibility. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot.

b.

Stacking. Magazining or stacking space is constructed, with screening, to accommodate that number of vehicles which can be washed during a maximum 30-minute period and shall be subject to the approval of the city.

c.

Surfacing/drainage. The entire area other than occupied by the building or plantings shall be surfaced with bituminous surfacing and surrounded by continuous perimeter concrete curbing. Site surfacing and drainage is subject to the approval of the city.

d.

Access. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the city.

e.

Noise. Provisions are made to control and reduce noise in accordance with the noise control provisions of this Code.

(8)

Adult uses—Principal. Subject to the regulations of subsection 4-3(k) and section 4-33 of this Code.

(9)

Open outdoor storage. Open outdoor storage is an accessory use under a conditional use permit 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 area 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.

(10)

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.

(11)

Brewery with taproom as defined by section 4-2(b) of this Code provided that:

a.

License. The owner of the brewery qualifies for and receives a brewer license and a malt liquor wholesale license (if wholesale of malt liquor is an intended activity) from the State of Minnesota, according to Minn. Stat. § 340A.

b.

Brewery taproom license. An ancillary brewer's taproom for the on-sale of malt liquor produced on-site shall require a brewery taproom license from the City of New Hope according to chapter 10 of this Code.

c.

Off-sale. Off-sale of malt liquor in the form of growlers shall require a brewery license for off-sale of malt liquor, according to chapter 10 of this Code.

d.

Production limits. Total on-site production of malt liquor may not exceed 10,000 barrels annually. Of the 10,000 barrel production limit, on-site taproom retail sales shall not exceed 3,500 barrels annually, 500 barrels of which may be sold off-sale as growlers. The brewery shall annually submit production reports with the request to renew a brewery taproom or off-sale malt liquor license.

e.

Off-street loading. The brewery facility shall provide adequate space for off-street loading and unloading of all trucks greater than 22 feet in length in accordance with section 4-3(f) of this Code. In the absence of off-street loading, the city may impose limits on deliveries or shipments using the public rights-of-way, including regulating the number of trucks per day and the hours that deliveries are permitted.

f.

Loading. Loading areas shall be located and designed so they are not visible from adjoining public streets or adjoining residential zoning.

g.

Screening. No open outdoor storage is permitted on the site, with the exception that waste handling (refuse and/or recycling) may occur in an enclosure that is fully screened from adjoining streets and residential zoning.

h.

Odors. No odors from the brewery may be perceptible beyond the property line.

i.

Code compliance. Buildings must meet all building and fire codes for the intended building occupancy. The building and site design shall meet the New Hope Design Guidelines and the performance standards of the New Hope Zoning Code.

j.

Parking. The proposed building shall demonstrate adequate parking per the New Hope zoning standards for all uses of the site per section 4-3(e) of this Code.

(12)

Microdistillery with cocktail room.

a.

License. The owner of the microdistillery qualifies for and receives a microdistillery license from the State of Minnesota, according to Minn. Stat. § 340A.

b.

Microdistillery cocktail room—on-sale license. The owner of the microdistillery qualifies for and receives a microdistillery cocktail room—on-sale license from the City of New Hope according to chapter 10 of this Code.

c.

Off-sale. Off-sale of liquor produced in the microdistillery shall require a microdistillery license for off-sale of liquor according to chapter 10 of this Code.

d.

Off-street loading. The microdistillery facility shall provide adequate space for off-street loading and unloading of all trucks greater than 22 feet in length in accordance with section 4-3(f) of this Code. In the absence of off-street loading, the city may impose limits on deliveries or shipments using the public rights-of-way, including regulating the number of trucks per day and the hours that deliveries are permitted.

e.

Loading. Loading areas shall be located and designed so they are not visible from adjoining public streets or adjoining residential zoning.

f.

Screening. No open outdoor storage is permitted on the site, with the exception that waste handling (refuse and/or recycling) may occur in an enclosure that is fully screened from adjoining streets and residential zoning.

g.

Odors. No odors from the microdistillery may be perceptible beyond the property line.

h.

Code compliance. Buildings must meet all building and fire codes for the intended building occupancy. The building and site design shall meet the New Hope Design Guidelines and the performance standards of the New Hope Zoning Code.

i.

Parking. The proposed building shall demonstrate adequate parking per the New Hope zoning standards for all uses of the site per section 4-3(e) of this Code.

(13)

Trade schools exceeding 10,000 square feet in area, provided that:

a.

Access. The site of the proposed use has direct access to a minor arterial street as defined in section 13-2 of this Code, without utilizing public streets of a lower traffic-handling classification to reach the minor arterial street.

b.

Compatibility. The primary recreational facilities are enclosed such that the architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment to property values or constitute a blighting influence.

c.

Access. Vehicular access points shall be limited and designed and constructed to create a minimum of conflict with through traffic movement.

(14)

Health clubs exceeding 10,000 square feet in area, provided that:

a.

Access. The site of the proposed use has direct access to a minor arterial street as defined in section 13-2 of this Code, without utilizing public streets of a lower traffic-handling classification to reach the minor arterial street.

b.

Compatibility. The primary recreational facilities are enclosed such that the architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment to property values or constitute a blighting influence.

c.

Access. Vehicular access points shall be limited and designed and constructed to create a minimum of conflict with through traffic movement.

(15)

Sports training centers exceeding 10,000 square feet in area, provided that:

a.

Access. The site of the proposed use has direct access to a minor arterial street as defined in section 13-2 of this Code, without utilizing public streets of a lower traffic-handling classification to reach the minor arterial street.

b.

Compatibility. The primary recreational facilities are enclosed such that the architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment to property values or constitute a blighting influence.

c.

Access. Vehicular access points shall be limited and designed and constructed to create a minimum of conflict with through traffic movement.

(f)

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

(1)

Lot area. No minimum.

(2)

Lot width. No minimum.

(3)

Building height. Four stories or 48 feet, whichever is greater.

(4)

Setbacks.

(a) See subsection 4-3(c)(6)a 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, § 4, 10-14-2002; Ord. No. 03-09, § 25, 5-27-2003; Ord. No. 07-10, § 7, 9-24-2007; Ord. No. 15-10, §§ 2, 3, 5-11-2015; Ord. No. 15-15, §§ 2, 3, 7-27-2015; Memo. of 6-18-2018; Ord. No. 18-08, § 3, 1-28-2019; Ord. No. 21-03, § 1, 4-26-2021; Ord. No. 24-15, § 5, 12-9-2024)