B-W, business/warehouse zoning district.
(a)
Purpose. The purpose of the B-W, business/warehouse district is to provide for the establishment of wholesale and retail trade of large volume or bulk commercial items, self- storage and warehousing. These uses are industrial in nature but may bring customer traffic and patronage to the site.
(b)
Permitted uses, B-W. The following are permitted uses in the B-W district:
(1)
Building materials/appliance and furniture retail sales.
(2)
Engraving, printing and publishing.
(3)
Essential services.
(4)
Municipal government and utility buildings.
(5)
Research, medical, dental and optical laboratories.
(6)
Office business (commercial, professional and medical).
(7)
Radio and television stations.
(8)
Recreational businesses, indoor.
(9)
Service business—Off-site. Shops and offices for contractors including plumbing, heating, glazing, painting, paper hanging, roofing, ventilating, electrical, carpentry, welding, landscaping, excavating, and general contracting, including contractor storage of equipment and building materials if enclosed within a building, but not storage yards.
(10)
Warehouses.
(11)
Wholesale business.
(12)
Manufacturing etc. The manufacturing, compounding, assembly, packaging, processing, treatment or storage of products and materials.
(13)
Veterinary clinics. Provided the clinic boards without treatment ten or fewer animals in a 24-hour period.
(14)
Cannabis wholesaler, cannabis transporter, and cannabis delivery service subject to the buffer zones set forth in section 4-3(o).
(c)
Permitted accessory uses, B-W. The following are permitted accessory uses in the B-W 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)
Signs. Signs in compliance with chapter 3.
(5)
Personal wireless service antennas. Personal wireless service antennas in conformance with subsection 4-3(l) of this Code.
(6)
Accessory antennas. Accessory antennas in conformance with subsection 4-3(b)(6)h of this Code.
(7)
Fences, as regulated by subsection 4-3(d)(3) of this Code.
(d)
Uses by administrative permit, B-W. The following are uses by administrative permit in the B-W 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 service 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)
Retail sales, limited. Retails sales of products manufactured or processed or delivered in bulk and repackaged for sale on the site, provided that the sales area not exceed 30 percent of the gross floor area of the principal building.
(4)
Outdoor sales and display, accessory. Open or outdoor service, sale and rental as an accessory use provided that:
a.
Area limit. Accessory outside service, sales and equipment rental connected with a 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.
c.
Surfacing. Sales area is surfaced with concrete or bituminous.
(5)
Open outdoor storage. Open outdoor storage as a permitted accessory use provided that:
a.
Accessory use. Open outdoor storage areas must be an accessory use, as defined by subsection 4-2(b) of this Code, to a permitted or conditional principal use on the site.
b.
Maximum space. Open outdoor storage areas connected with the principal use are limited to 20 percent of the gross floor area of principal structure.
c.
Setbacks. The open outdoor storage area 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.
d.
Surfacing. Open outdoor storage areas are surfaced with concrete or bituminous.
e.
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. Open outdoor storage areas intended for the exclusive storage of semitrailers may be exempt from the required security fencing provided the storage area is delineated and the individual trailers are secured.
f.
Screening/landscaping. Open outdoor storage areas are landscaped, fenced, and screened from view of adjacent residential properties and public rights-of-way in accordance with the provisions of subsection 4-3(d)(3) of this Code.
g.
Required space. 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.
h.
Hazardous materials. The open outdoor storage areas are not used for storage of hazardous liquids, solids, gases or wastes. This provision does not prohibit the property owner from obtaining an administrative permit for the outdoor storage of propane or LP gas per subsection 4-20(d)(5) of this Code.
i.
Refuse and upkeep. Open outdoor storage areas are kept free of refuse, trash, debris, weeds, and waste fill.
j.
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.
(6)
Rental of trailers and trucks. Rental of trailers and trucks shall be a permitted accessory use to an approved self-storage (mini-warehouse) facility granted a conditional use permit pursuant to section 4-19(e)(7) of this Code provided that:
a.
Accessory use. Rental of trailers and trucks must be an accessory use, as defined by subsection 4-2(b) of this Code, to the conditional principal use of self-storage (mini-warehouse) facility on the site.
b.
Additional regulations. Rental of trailers and trucks are further regulated by section 8-16 of this Code.
c.
Display area boundaries. The designated display area for trailers and trucks shall be marked by clearly visible boundaries.
d.
Vehicle location. Rental trailers and trucks shall not be permitted to occupy any area except the designated display area.
e.
Off-street parking interference. The display area shall not occupy any part of the required off-street parking area.
f.
Display area surface. The display area shall be surfaced with concrete or bituminous surfacing.
g.
Display area condition. The display area shall be kept free from dirt, weeds, garbage, trash, and other debris.
h.
Vehicle placement. The trailers and trucks shall be arranged in an orderly fashion, in rows and the parking area shall be stripped to identify individual parking stalls.
(e)
Conditional uses, B-W. The following are conditional uses in the B-W 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 set forth in section 4-3 of this Code):
(1)
Open outdoor storage as a principal or accessory use. Open outdoor storage as a conditional accessory use, where the open outdoor storage area exceeds 20 percent of the gross floor area of the principal structure provided that:
a.
Setbacks. The open outdoor storage area 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.
b.
Surfacing. Open outdoor storage areas are surfaced with concrete or bituminous.
c.
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. Open outdoor storage areas intended for the exclusive storage of semitrailers may be exempt from the required security fencing provided the storage area is delineated and the individual trailers are secured.
d.
Screening/landscaping. Open outdoor storage areas are landscaped, fenced, and screened from view of adjacent residential properties and public rights-of-way in accordance with the provisions of subsection 4-3(d)(3) of this Code.
e.
Required space. 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.
f.
Hazardous materials. The open outdoor storage areas are not used for storage of hazardous liquids, solids, gases or wastes. This provision does not prohibit the property owner from obtaining an administrative permit for the outdoor storage of propane or LP gas per subsection 4-20(d)(5) of this Code.
g.
Refuse and upkeep. Open outdoor storage areas are kept free of refuse, trash, debris, weeds, and waste fill.
h.
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.
(2)
Planned unit development, industrial. Industrial planned unit development as regulated by section 4-34 of this Code.
(3)
Commercial recreation facilities. Commercial recreation, provided that:
a.
Access. The site of the proposed use has direct access to an arterial or collector street as defined in the City Code, without utilizing public streets of a lower traffic handling classification to reach the arterial or collector street.
b.
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.
c.
Lighting shielded. All lighting shall be hooded and so directed that the light source is not visible from the right-of-way or from a residential zone or use.
d.
Surfacing. The entire area other than that occupied by buildings, structures or plantings shall be surfaced with a bituminous or concrete material which will control dust and drainage. The material and grading shall be subject to the approval of the city.
e.
Landscaping. Landscaping shall be provided and the type of planting material and the number and size of plants shall be subject to the approval of the city.
(4)
Self storage (mini warehouse) facilities. Provided that:
a.
Building location. No buildings shall be located closer than 35 feet to each other to allow for parking, loading, driveway and fire lanes.
b.
Building length. No building shall be greater than 150 feet in length.
c.
Snow storage. Adequate space is provided for snow storage.
d.
Fire hydrant. All structures are to be within 200 feet of a fire hydrant.
e.
Sprinkler systems. All storage buildings are to be equipped with dry sprinkling systems which will be subject to review and approval of the fire department.
f.
Fire alarm system. Every 2,000 square feet of the storage structure must be separated by a one-hour rated fire wall and shall be equipped with a complete and comprehensive fire alarm system subject to the review and approval of the fire department.
g.
Driveways and parking area. All driveways and parking areas are to be hard surfaced with concrete or blacktop and provided with adequate turning radius for fire vehicle maneuverability. Parking spaces shall be striped in white and city required fire-lanes shall be striped in yellow.
h.
Caretaker apartment. If an "on-premises" caretaker dwelling unit is provided on site, construction of said dwelling unit shall conform to all design standard regulations for multiple-family dwelling units of the Minnesota State Building Code and the New Hope Zoning and Building Code. Two off-street parking spaces and one garage stall must be provided for the caretaker dwelling unit. The minimum dwelling unit and room floor sizes shall be controlled by subsections 3-35(c), 3-36(a), 3-36(b) and 4-3(b)(2)b of this Code.
i.
Building appearance. Any structures having exposure to an adjacent residential use or public right-of-way, park, or similar public use areas shall be of brick, natural stone, wood, or stucco facing material.
j.
Prohibited uses. Any and all commercial, industrial or residential use other than storage is prohibited within the self storage facility.
k.
Prohibited storage. Storage of any hazardous materials, chemicals, gasoline, or flammable liquids is prohibited in any storage space, except for normal household quantities. Any storage of propane tanks or flammable gases is prohibited. No more than four vehicle tires may be stored in any rental space. Any and all commercial, industrial or residential use other than storage is prohibited within the self storage facility.
(5)
Personal wireless service antenna towers. Personal wireless service antenna towers in conformance with subsection 4-3(l) of this Code.
(6)
Commercial and public radio and television transmitting antennas and public utility microwave antennas and related antenna towers. Commercial and public radio and television transmitting antennas and public utility microwave antennas and related antenna towers in conformance with subsection 4-3(l) of this Code.
(7)
Warehouse conversion to self-storage.
a.
On-site manager required. A full-time onsite manager must be employed to manage the facility, control access and supervise operations during all open hours in full compliance with the conditional use permit. An exception to the full-time onsite manager may be granted for self-storage facilities that have a keypad controlled access and a comprehensive security system. The comprehensive security system shall address building access, lighting, cameras, alarm systems, and fire suppression. The security system plan shall be reviewed and approved by the city.
b.
Fire sprinkler system. The building shall be equipped with an auto-fire sprinkler system approved by the fire department adequate to protect all storage within the building. The adequacy of any existing system must be certified in writing by a qualified fire consultant acceptable to the city. Any existing system or proposed changes, certified by the fire consultant, must also be reviewed and approved by the fire department.
c.
Prohibited storage. Storage of any hazardous materials, chemicals, gasoline or flammable liquids is prohibited in any storage space, except for normal household quantities. Any storage of propane tanks or flammable gases is prohibited. No more than four vehicle tires may be stored in any rental space. A rental agreement between the operator and each lessee shall be required. The rental agreement shall strictly prohibit the lessee from storing or using materials in the storage space or on the facility that are flammable or classified as hazardous or toxic under any local, state, or federal law or regulation, and from engaging in any activity which produces such materials in the storage space.
d.
Prohibited uses. Any and all commercial, industrial or residential use other than storage is prohibited within the self storage facility.
e.
Storage access. Storage spaces must be accessible only from the interior of the building. Accessibility from the exterior of the building to any storage space may be approved for self-storage facilities if the exterior access units are fully screened from all residential use and public rights-of-way per subsection 4-3(d)(3) of this Code.
(8)
Animal kennels and animal day care. Subject to the following conditions:
a.
The facility's minimum size must provide for 75 square feet per dog and 20 square feet per cat or any other animal boarded at any one time, exclusive of office or storage area. The facility must provide one cage or air kennel per animal.
b.
Related ancillary services including training, grooming and food and accessory sales may be conducted or provided at the facility.
c.
An exercise area shall be provided to accommodate the periodic exercising of animals boarded at the facility. The exercise area must be 100 square feet in size for each animal that occupies that area at any one time. Any outdoor exercise area must be fenced, must have a three-foot vegetative buffer, must be cleaned regularly, and any animal waste must be appropriately treated before it is allowed to enter any stormwater pond or storm sewer.
d.
The facility must have a ventilation system that prohibits the transmission of odors or organisms between tenant bays. The ventilation system must be capable of completely exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated for the keeping of animals exclusive of offices pursuant to Chapter 1346 of the Minnesota State Building Code, as may be amended, these requirements can be met by the submission of an air exchange analysis, acceptable to the city from a Minnesota licensed contractor or engineer confirming compliance with said standards, otherwise, the facility ventilation system must be completely separate and independent of other tenant space within the building. Facility air temperature must be maintained between 60 degrees and 80 degrees Fahrenheit.
e.
A sufficiently sized room/cage separate from the facility areas shall be provided to adequately separate sick or injured animals from healthy animals.
f.
Wall finish materials below 48 inches in height shall be impervious, washable materials like sealed masonry, ceramic tile, glassboard, or marlite. Floor finish shall be sealed concrete or other approved impervious surface. Liquid-tight curbing, at least six inches high, shall be installed along shared walls for sanitary confinement and water wash-down cleaning.
g.
Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a container of sufficient construction to eliminate odors and organisms. All animal waste must be properly disposed of daily.
h.
The facility must be appropriately licensed per section 7-4 of this Code and all conditions of said section must be satisfied.
i.
The property owner shall provide the city with at least 14 days' notice of the animal kennel/day care intention to vacate the premises and allow a city inspection of the premises.
j.
The facility must provide sufficient, uniformly distributed lighting to the kennel area.
k.
Exemption. Veterinary clinics that board ten or fewer animals and pet stores are exempt from this conditional use permit requirement.
l.
Caretaker apartment. If an "on premises" caretaker dwelling unit is provided on site, construction of said dwelling unit shall conform to all design standard regulations for multiple-family dwelling units of the state building code and the city zoning and building code. Two off-street parking spaces and one garage stall must be provided for the caretaker dwelling unit. The minimum dwelling unit and room floor sizes shall be controlled by subsection 4-3(b)(2)b. of this Code.
m.
Guest room. If a guest room is provided within the kennel facility it must meet efficiency unit size requirements as listed in subsection 4-3(b)(2)b. of this Code. One additional parking stall must be provided for the guest room. Guest rooms shall only be used by persons obtaining services or receiving training from the kennel facility. Guest stays are limited to a maximum of ten business days per training visit.
(9)
Brewery with taproom. Brewery with taproom as defined by section 4-2(b) of this Code provided that:
a.
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.301.
b.
An accessory brewer's taproom for the on-sale of malt liquor produced on-site shall require a brewery taproom license from the city according to chapter 10 of this Code.
c.
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.
The site provides adequate parking for taproom and other uses per section 4-3(e) of this Code. Taproom parking shall not interfere with on-site circulation or other operations sharing the site.
e.
The brewery shall meet all off-street loading standards of section 4-3(f) of this Code.
f.
Outdoor dining, drinking, or service as an accessory use for taprooms may be allowed subject to the following conditions:
1.
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.
2.
Access to the dining area shall be provided only via the principal building if the dining area is a full service restaurant, including table waiting service.
3.
The size of the dining area is restricted to 30 percent of the total customer floor area within the principal structure.
4.
The dining area shall be screened from view from adjacent residential uses in accordance with subsection 4-3(d)(3) of this Code.
5.
All lighting shall be hooded and directed away from adjacent residential uses in accordance with subsection 4-3(d)(5) of this Code.
6.
The applicant demonstrates that pedestrian circulation shall not be disrupted as a result of the outdoor dining area by providing the following:
i.
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.
ii.
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.
iii.
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.
7.
The dining area shall be 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.
8.
A minimum width of 36 inches shall be provided within aisles of the outdoor dining area.
9.
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.
10.
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.
11.
Refuse containers shall be 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.
12.
Rooftop dining facilities shall be permitted provided they meet all applicable conditions as listed herein and in addition:
i.
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.
ii.
Any permanent structures, including divider walls, trellis work, etc. shall 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.
iii.
The submitted plans for a rooftop dining facility as well as the building upon which the proposed outdoor dining is to occur are 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.
(10)
Microdistillery cocktail room. Microdistillery cocktail room as defined by section 4-2(b) of this Code provided that:
a.
The owner of the microdistillery qualifies for and receives a microdistillery license from the State of Minnesota, according to Minn. Stat. § 340A.22.
b.
The owner of the microdistillery qualifies for and receives a microdistillery cocktail room on-sale license from the city according to chapter 10 of this Code.
c.
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.
The site provides adequate parking for cocktail room and other uses per section 4-3(e) of this Code. Cocktail room parking shall not interfere with on-site circulation or other operations sharing the site.
e.
The cocktail room shall meet all off-street loading standards of section 4-3(f) of this Code.
f.
Outdoor dining, drinking, or service as an accessory use for cocktail room may be allowed subject to the following conditions:
1.
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.
2.
Access to the dining area shall be provided only via the principal building if the dining area is a full service restaurant, including table waiting service.
3.
The size of the dining area is restricted to 30 percent of the total customer floor area within the principal structure.
4.
The dining area shall be screened from view from adjacent residential uses in accordance with subsection 4-3(d)(3) of this Code.
5.
All lighting shall be hooded and directed away from adjacent residential uses in accordance with subsection 4-3(d)(5) of this Code.
6.
The applicant demonstrates that pedestrian circulation shall not be disrupted as a result of the outdoor dining area by providing the following:
i.
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.
ii.
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.
iii.
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.
7.
The dining area shall be 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.
8.
A minimum width of 36 inches shall be provided within aisles of the outdoor dining area.
9.
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.
10.
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.
11.
Refuse containers shall be 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.
12.
Rooftop dining facilities shall be permitted provided they meet all applicable conditions as listed herein and in addition:
i.
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.
ii.
Any permanent structures, including divider walls, trellis work, etc. shall 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.
iii.
The submitted plans for a rooftop dining facility as well as the building upon which the proposed outdoor dining is to occur are 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.
(11)
Health clubs, provided that:
a.
The facility has adequate parking for the use per section 4-3(e) of this Code.
b.
A traffic study shall be required under the following conditions:
1.
The use generates traffic beyond the existing traffic level and resulting in more than 100 trips in any peak hour.
2.
The city engineer determines that the site location, access, or traffic generation may result in traffic conflicts, safety issues, or a reduction of the street service level classification.
3.
The conditional use permit must address all issues identified in the traffic study and the property owner shall be assessed for costs associated with improvements deemed necessary to mitigate traffic issues generated by the proposed use.
(12)
Sports training centers, provided that:
a.
The facility has adequate parking for the use per section 4-3(e) of this Code.
b.
A traffic study shall be required under the following conditions:
1.
The use generates traffic beyond the existing traffic level and resulting in more than 100 trips in any peak hour.
2.
The city engineer determines that the site location, access, or traffic generation may result in traffic conflicts, safety issues, or a reduction of the street service level classification.
3.
The conditional use permit must address all issues identified in the traffic study and the property owner shall be assessed for costs associated with improvements deemed necessary to mitigate traffic issues generated by the proposed use.
(f)
Lot requirements, building heights, and setbacks. The following minimum requirements shall be observed in the B-W district subject to additional requirements, exception, and modification set forth in this Code.
(1)
Minimum lot area. One acre.
(2)
Minimum lot width. 100 feet.
(3)
Impervious surface. Not more than 80 percent of the lot area shall be impervious surface.
a.
The pervious portion of the lot area shall be maintained as landscaping in conformance with subsection 4-3(d)(4) of this Code.
(4)
Building height. Six stories or 72 feet, whichever is greater. Four stories or 48 feet, whichever is greater, shall be required where a B-W district lot abuts the side or rear lot lines of lots in an R-1 or R-2 zoning district.
(5)
Setbacks.
(a) See subsection 4-3(c)(6)b of this Code.
(b) A 75 foot side or rear yard setback will be required where the lot abuts an R-1 or R-2 zoning district.
(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. 20-01, § 1, 1-27-2020; Ord. No. 24-15, § 7, 12-9-2024)
B-W, business/warehouse zoning district.
(a)
Purpose. The purpose of the B-W, business/warehouse district is to provide for the establishment of wholesale and retail trade of large volume or bulk commercial items, self- storage and warehousing. These uses are industrial in nature but may bring customer traffic and patronage to the site.
(b)
Permitted uses, B-W. The following are permitted uses in the B-W district:
(1)
Building materials/appliance and furniture retail sales.
(2)
Engraving, printing and publishing.
(3)
Essential services.
(4)
Municipal government and utility buildings.
(5)
Research, medical, dental and optical laboratories.
(6)
Office business (commercial, professional and medical).
(7)
Radio and television stations.
(8)
Recreational businesses, indoor.
(9)
Service business—Off-site. Shops and offices for contractors including plumbing, heating, glazing, painting, paper hanging, roofing, ventilating, electrical, carpentry, welding, landscaping, excavating, and general contracting, including contractor storage of equipment and building materials if enclosed within a building, but not storage yards.
(10)
Warehouses.
(11)
Wholesale business.
(12)
Manufacturing etc. The manufacturing, compounding, assembly, packaging, processing, treatment or storage of products and materials.
(13)
Veterinary clinics. Provided the clinic boards without treatment ten or fewer animals in a 24-hour period.
(14)
Cannabis wholesaler, cannabis transporter, and cannabis delivery service subject to the buffer zones set forth in section 4-3(o).
(c)
Permitted accessory uses, B-W. The following are permitted accessory uses in the B-W 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)
Signs. Signs in compliance with chapter 3.
(5)
Personal wireless service antennas. Personal wireless service antennas in conformance with subsection 4-3(l) of this Code.
(6)
Accessory antennas. Accessory antennas in conformance with subsection 4-3(b)(6)h of this Code.
(7)
Fences, as regulated by subsection 4-3(d)(3) of this Code.
(d)
Uses by administrative permit, B-W. The following are uses by administrative permit in the B-W 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 service 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)
Retail sales, limited. Retails sales of products manufactured or processed or delivered in bulk and repackaged for sale on the site, provided that the sales area not exceed 30 percent of the gross floor area of the principal building.
(4)
Outdoor sales and display, accessory. Open or outdoor service, sale and rental as an accessory use provided that:
a.
Area limit. Accessory outside service, sales and equipment rental connected with a 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.
c.
Surfacing. Sales area is surfaced with concrete or bituminous.
(5)
Open outdoor storage. Open outdoor storage as a permitted accessory use provided that:
a.
Accessory use. Open outdoor storage areas must be an accessory use, as defined by subsection 4-2(b) of this Code, to a permitted or conditional principal use on the site.
b.
Maximum space. Open outdoor storage areas connected with the principal use are limited to 20 percent of the gross floor area of principal structure.
c.
Setbacks. The open outdoor storage area 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.
d.
Surfacing. Open outdoor storage areas are surfaced with concrete or bituminous.
e.
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. Open outdoor storage areas intended for the exclusive storage of semitrailers may be exempt from the required security fencing provided the storage area is delineated and the individual trailers are secured.
f.
Screening/landscaping. Open outdoor storage areas are landscaped, fenced, and screened from view of adjacent residential properties and public rights-of-way in accordance with the provisions of subsection 4-3(d)(3) of this Code.
g.
Required space. 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.
h.
Hazardous materials. The open outdoor storage areas are not used for storage of hazardous liquids, solids, gases or wastes. This provision does not prohibit the property owner from obtaining an administrative permit for the outdoor storage of propane or LP gas per subsection 4-20(d)(5) of this Code.
i.
Refuse and upkeep. Open outdoor storage areas are kept free of refuse, trash, debris, weeds, and waste fill.
j.
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.
(6)
Rental of trailers and trucks. Rental of trailers and trucks shall be a permitted accessory use to an approved self-storage (mini-warehouse) facility granted a conditional use permit pursuant to section 4-19(e)(7) of this Code provided that:
a.
Accessory use. Rental of trailers and trucks must be an accessory use, as defined by subsection 4-2(b) of this Code, to the conditional principal use of self-storage (mini-warehouse) facility on the site.
b.
Additional regulations. Rental of trailers and trucks are further regulated by section 8-16 of this Code.
c.
Display area boundaries. The designated display area for trailers and trucks shall be marked by clearly visible boundaries.
d.
Vehicle location. Rental trailers and trucks shall not be permitted to occupy any area except the designated display area.
e.
Off-street parking interference. The display area shall not occupy any part of the required off-street parking area.
f.
Display area surface. The display area shall be surfaced with concrete or bituminous surfacing.
g.
Display area condition. The display area shall be kept free from dirt, weeds, garbage, trash, and other debris.
h.
Vehicle placement. The trailers and trucks shall be arranged in an orderly fashion, in rows and the parking area shall be stripped to identify individual parking stalls.
(e)
Conditional uses, B-W. The following are conditional uses in the B-W 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 set forth in section 4-3 of this Code):
(1)
Open outdoor storage as a principal or accessory use. Open outdoor storage as a conditional accessory use, where the open outdoor storage area exceeds 20 percent of the gross floor area of the principal structure provided that:
a.
Setbacks. The open outdoor storage area 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.
b.
Surfacing. Open outdoor storage areas are surfaced with concrete or bituminous.
c.
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. Open outdoor storage areas intended for the exclusive storage of semitrailers may be exempt from the required security fencing provided the storage area is delineated and the individual trailers are secured.
d.
Screening/landscaping. Open outdoor storage areas are landscaped, fenced, and screened from view of adjacent residential properties and public rights-of-way in accordance with the provisions of subsection 4-3(d)(3) of this Code.
e.
Required space. 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.
f.
Hazardous materials. The open outdoor storage areas are not used for storage of hazardous liquids, solids, gases or wastes. This provision does not prohibit the property owner from obtaining an administrative permit for the outdoor storage of propane or LP gas per subsection 4-20(d)(5) of this Code.
g.
Refuse and upkeep. Open outdoor storage areas are kept free of refuse, trash, debris, weeds, and waste fill.
h.
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.
(2)
Planned unit development, industrial. Industrial planned unit development as regulated by section 4-34 of this Code.
(3)
Commercial recreation facilities. Commercial recreation, provided that:
a.
Access. The site of the proposed use has direct access to an arterial or collector street as defined in the City Code, without utilizing public streets of a lower traffic handling classification to reach the arterial or collector street.
b.
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.
c.
Lighting shielded. All lighting shall be hooded and so directed that the light source is not visible from the right-of-way or from a residential zone or use.
d.
Surfacing. The entire area other than that occupied by buildings, structures or plantings shall be surfaced with a bituminous or concrete material which will control dust and drainage. The material and grading shall be subject to the approval of the city.
e.
Landscaping. Landscaping shall be provided and the type of planting material and the number and size of plants shall be subject to the approval of the city.
(4)
Self storage (mini warehouse) facilities. Provided that:
a.
Building location. No buildings shall be located closer than 35 feet to each other to allow for parking, loading, driveway and fire lanes.
b.
Building length. No building shall be greater than 150 feet in length.
c.
Snow storage. Adequate space is provided for snow storage.
d.
Fire hydrant. All structures are to be within 200 feet of a fire hydrant.
e.
Sprinkler systems. All storage buildings are to be equipped with dry sprinkling systems which will be subject to review and approval of the fire department.
f.
Fire alarm system. Every 2,000 square feet of the storage structure must be separated by a one-hour rated fire wall and shall be equipped with a complete and comprehensive fire alarm system subject to the review and approval of the fire department.
g.
Driveways and parking area. All driveways and parking areas are to be hard surfaced with concrete or blacktop and provided with adequate turning radius for fire vehicle maneuverability. Parking spaces shall be striped in white and city required fire-lanes shall be striped in yellow.
h.
Caretaker apartment. If an "on-premises" caretaker dwelling unit is provided on site, construction of said dwelling unit shall conform to all design standard regulations for multiple-family dwelling units of the Minnesota State Building Code and the New Hope Zoning and Building Code. Two off-street parking spaces and one garage stall must be provided for the caretaker dwelling unit. The minimum dwelling unit and room floor sizes shall be controlled by subsections 3-35(c), 3-36(a), 3-36(b) and 4-3(b)(2)b of this Code.
i.
Building appearance. Any structures having exposure to an adjacent residential use or public right-of-way, park, or similar public use areas shall be of brick, natural stone, wood, or stucco facing material.
j.
Prohibited uses. Any and all commercial, industrial or residential use other than storage is prohibited within the self storage facility.
k.
Prohibited storage. Storage of any hazardous materials, chemicals, gasoline, or flammable liquids is prohibited in any storage space, except for normal household quantities. Any storage of propane tanks or flammable gases is prohibited. No more than four vehicle tires may be stored in any rental space. Any and all commercial, industrial or residential use other than storage is prohibited within the self storage facility.
(5)
Personal wireless service antenna towers. Personal wireless service antenna towers in conformance with subsection 4-3(l) of this Code.
(6)
Commercial and public radio and television transmitting antennas and public utility microwave antennas and related antenna towers. Commercial and public radio and television transmitting antennas and public utility microwave antennas and related antenna towers in conformance with subsection 4-3(l) of this Code.
(7)
Warehouse conversion to self-storage.
a.
On-site manager required. A full-time onsite manager must be employed to manage the facility, control access and supervise operations during all open hours in full compliance with the conditional use permit. An exception to the full-time onsite manager may be granted for self-storage facilities that have a keypad controlled access and a comprehensive security system. The comprehensive security system shall address building access, lighting, cameras, alarm systems, and fire suppression. The security system plan shall be reviewed and approved by the city.
b.
Fire sprinkler system. The building shall be equipped with an auto-fire sprinkler system approved by the fire department adequate to protect all storage within the building. The adequacy of any existing system must be certified in writing by a qualified fire consultant acceptable to the city. Any existing system or proposed changes, certified by the fire consultant, must also be reviewed and approved by the fire department.
c.
Prohibited storage. Storage of any hazardous materials, chemicals, gasoline or flammable liquids is prohibited in any storage space, except for normal household quantities. Any storage of propane tanks or flammable gases is prohibited. No more than four vehicle tires may be stored in any rental space. A rental agreement between the operator and each lessee shall be required. The rental agreement shall strictly prohibit the lessee from storing or using materials in the storage space or on the facility that are flammable or classified as hazardous or toxic under any local, state, or federal law or regulation, and from engaging in any activity which produces such materials in the storage space.
d.
Prohibited uses. Any and all commercial, industrial or residential use other than storage is prohibited within the self storage facility.
e.
Storage access. Storage spaces must be accessible only from the interior of the building. Accessibility from the exterior of the building to any storage space may be approved for self-storage facilities if the exterior access units are fully screened from all residential use and public rights-of-way per subsection 4-3(d)(3) of this Code.
(8)
Animal kennels and animal day care. Subject to the following conditions:
a.
The facility's minimum size must provide for 75 square feet per dog and 20 square feet per cat or any other animal boarded at any one time, exclusive of office or storage area. The facility must provide one cage or air kennel per animal.
b.
Related ancillary services including training, grooming and food and accessory sales may be conducted or provided at the facility.
c.
An exercise area shall be provided to accommodate the periodic exercising of animals boarded at the facility. The exercise area must be 100 square feet in size for each animal that occupies that area at any one time. Any outdoor exercise area must be fenced, must have a three-foot vegetative buffer, must be cleaned regularly, and any animal waste must be appropriately treated before it is allowed to enter any stormwater pond or storm sewer.
d.
The facility must have a ventilation system that prohibits the transmission of odors or organisms between tenant bays. The ventilation system must be capable of completely exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated for the keeping of animals exclusive of offices pursuant to Chapter 1346 of the Minnesota State Building Code, as may be amended, these requirements can be met by the submission of an air exchange analysis, acceptable to the city from a Minnesota licensed contractor or engineer confirming compliance with said standards, otherwise, the facility ventilation system must be completely separate and independent of other tenant space within the building. Facility air temperature must be maintained between 60 degrees and 80 degrees Fahrenheit.
e.
A sufficiently sized room/cage separate from the facility areas shall be provided to adequately separate sick or injured animals from healthy animals.
f.
Wall finish materials below 48 inches in height shall be impervious, washable materials like sealed masonry, ceramic tile, glassboard, or marlite. Floor finish shall be sealed concrete or other approved impervious surface. Liquid-tight curbing, at least six inches high, shall be installed along shared walls for sanitary confinement and water wash-down cleaning.
g.
Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a container of sufficient construction to eliminate odors and organisms. All animal waste must be properly disposed of daily.
h.
The facility must be appropriately licensed per section 7-4 of this Code and all conditions of said section must be satisfied.
i.
The property owner shall provide the city with at least 14 days' notice of the animal kennel/day care intention to vacate the premises and allow a city inspection of the premises.
j.
The facility must provide sufficient, uniformly distributed lighting to the kennel area.
k.
Exemption. Veterinary clinics that board ten or fewer animals and pet stores are exempt from this conditional use permit requirement.
l.
Caretaker apartment. If an "on premises" caretaker dwelling unit is provided on site, construction of said dwelling unit shall conform to all design standard regulations for multiple-family dwelling units of the state building code and the city zoning and building code. Two off-street parking spaces and one garage stall must be provided for the caretaker dwelling unit. The minimum dwelling unit and room floor sizes shall be controlled by subsection 4-3(b)(2)b. of this Code.
m.
Guest room. If a guest room is provided within the kennel facility it must meet efficiency unit size requirements as listed in subsection 4-3(b)(2)b. of this Code. One additional parking stall must be provided for the guest room. Guest rooms shall only be used by persons obtaining services or receiving training from the kennel facility. Guest stays are limited to a maximum of ten business days per training visit.
(9)
Brewery with taproom. Brewery with taproom as defined by section 4-2(b) of this Code provided that:
a.
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.301.
b.
An accessory brewer's taproom for the on-sale of malt liquor produced on-site shall require a brewery taproom license from the city according to chapter 10 of this Code.
c.
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.
The site provides adequate parking for taproom and other uses per section 4-3(e) of this Code. Taproom parking shall not interfere with on-site circulation or other operations sharing the site.
e.
The brewery shall meet all off-street loading standards of section 4-3(f) of this Code.
f.
Outdoor dining, drinking, or service as an accessory use for taprooms may be allowed subject to the following conditions:
1.
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.
2.
Access to the dining area shall be provided only via the principal building if the dining area is a full service restaurant, including table waiting service.
3.
The size of the dining area is restricted to 30 percent of the total customer floor area within the principal structure.
4.
The dining area shall be screened from view from adjacent residential uses in accordance with subsection 4-3(d)(3) of this Code.
5.
All lighting shall be hooded and directed away from adjacent residential uses in accordance with subsection 4-3(d)(5) of this Code.
6.
The applicant demonstrates that pedestrian circulation shall not be disrupted as a result of the outdoor dining area by providing the following:
i.
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.
ii.
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.
iii.
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.
7.
The dining area shall be 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.
8.
A minimum width of 36 inches shall be provided within aisles of the outdoor dining area.
9.
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.
10.
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.
11.
Refuse containers shall be 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.
12.
Rooftop dining facilities shall be permitted provided they meet all applicable conditions as listed herein and in addition:
i.
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.
ii.
Any permanent structures, including divider walls, trellis work, etc. shall 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.
iii.
The submitted plans for a rooftop dining facility as well as the building upon which the proposed outdoor dining is to occur are 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.
(10)
Microdistillery cocktail room. Microdistillery cocktail room as defined by section 4-2(b) of this Code provided that:
a.
The owner of the microdistillery qualifies for and receives a microdistillery license from the State of Minnesota, according to Minn. Stat. § 340A.22.
b.
The owner of the microdistillery qualifies for and receives a microdistillery cocktail room on-sale license from the city according to chapter 10 of this Code.
c.
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.
The site provides adequate parking for cocktail room and other uses per section 4-3(e) of this Code. Cocktail room parking shall not interfere with on-site circulation or other operations sharing the site.
e.
The cocktail room shall meet all off-street loading standards of section 4-3(f) of this Code.
f.
Outdoor dining, drinking, or service as an accessory use for cocktail room may be allowed subject to the following conditions:
1.
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.
2.
Access to the dining area shall be provided only via the principal building if the dining area is a full service restaurant, including table waiting service.
3.
The size of the dining area is restricted to 30 percent of the total customer floor area within the principal structure.
4.
The dining area shall be screened from view from adjacent residential uses in accordance with subsection 4-3(d)(3) of this Code.
5.
All lighting shall be hooded and directed away from adjacent residential uses in accordance with subsection 4-3(d)(5) of this Code.
6.
The applicant demonstrates that pedestrian circulation shall not be disrupted as a result of the outdoor dining area by providing the following:
i.
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.
ii.
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.
iii.
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.
7.
The dining area shall be 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.
8.
A minimum width of 36 inches shall be provided within aisles of the outdoor dining area.
9.
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.
10.
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.
11.
Refuse containers shall be 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.
12.
Rooftop dining facilities shall be permitted provided they meet all applicable conditions as listed herein and in addition:
i.
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.
ii.
Any permanent structures, including divider walls, trellis work, etc. shall 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.
iii.
The submitted plans for a rooftop dining facility as well as the building upon which the proposed outdoor dining is to occur are 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.
(11)
Health clubs, provided that:
a.
The facility has adequate parking for the use per section 4-3(e) of this Code.
b.
A traffic study shall be required under the following conditions:
1.
The use generates traffic beyond the existing traffic level and resulting in more than 100 trips in any peak hour.
2.
The city engineer determines that the site location, access, or traffic generation may result in traffic conflicts, safety issues, or a reduction of the street service level classification.
3.
The conditional use permit must address all issues identified in the traffic study and the property owner shall be assessed for costs associated with improvements deemed necessary to mitigate traffic issues generated by the proposed use.
(12)
Sports training centers, provided that:
a.
The facility has adequate parking for the use per section 4-3(e) of this Code.
b.
A traffic study shall be required under the following conditions:
1.
The use generates traffic beyond the existing traffic level and resulting in more than 100 trips in any peak hour.
2.
The city engineer determines that the site location, access, or traffic generation may result in traffic conflicts, safety issues, or a reduction of the street service level classification.
3.
The conditional use permit must address all issues identified in the traffic study and the property owner shall be assessed for costs associated with improvements deemed necessary to mitigate traffic issues generated by the proposed use.
(f)
Lot requirements, building heights, and setbacks. The following minimum requirements shall be observed in the B-W district subject to additional requirements, exception, and modification set forth in this Code.
(1)
Minimum lot area. One acre.
(2)
Minimum lot width. 100 feet.
(3)
Impervious surface. Not more than 80 percent of the lot area shall be impervious surface.
a.
The pervious portion of the lot area shall be maintained as landscaping in conformance with subsection 4-3(d)(4) of this Code.
(4)
Building height. Six stories or 72 feet, whichever is greater. Four stories or 48 feet, whichever is greater, shall be required where a B-W district lot abuts the side or rear lot lines of lots in an R-1 or R-2 zoning district.
(5)
Setbacks.
(a) See subsection 4-3(c)(6)b of this Code.
(b) A 75 foot side or rear yard setback will be required where the lot abuts an R-1 or R-2 zoning district.
(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. 20-01, § 1, 1-27-2020; Ord. No. 24-15, § 7, 12-9-2024)