The purpose of the B-3 District is to provide specifically for the regulation of high intensity commercial uses located within the General Business District of the City and other intense commercial areas of the City. (Prior Code § 20-77-1; amd. 2018 Code)

The following are permitted uses in a B-3 District:

   A.   Adult uses, principal and accessory.

   B.   Banks and other financial institutions.

   C.   Brew on premises.

   D.   Brewpubs.

   E.   Cannabis businesses; retail businesses, medical cannabis retailer, and lower potency hemp edible retailer only, subject to the provisions of chapter 35 of this title.

   F.   Commercial recreational uses, indoor only.

   G.   Essential services other than transmission pipelines and transmission or substation lines in excess of thirty three (33) kilovolts and up to one hundred (100) kilovolts.

   H.   Fitness centers and health clubs.

   I.   Funeral homes and mortuaries.

   J.   Governmental and public related utility buildings and structures, City of Otsego only.

   K.   Hotels.

   L.   Instructional classes.

   M.   Office and medical offices.

   N.   On site and off site service businesses.

   O.   Parks, trails, play fields, playgrounds, and directly related buildings and structures, City of Otsego only.

   P.   Pawnshops.

   Q.   Personal wireless service antennas located on a public structure, as regulated by chapter 33 of this title.

   R.   Private clubs or lodges serving food and beverages.

   S.   Restaurants, not convenience type, cafes.

   T.   Retail sales.

   U.   Tattoo parlors. (Prior Code § 20-77-2; amd. Ord. 2024-14, 12-9-2024)

Subject to applicable provisions of this title, the following are interim uses in the B-3 District and are governed by chapter 5 of this title:

   A.   Farms, farmsteads, and farming.

   B.   Temporary cannabis events in accordance with chapter 35 of this title. (Prior Code § 20-77-3; amd. Ord. 2024-14, 12-9-2024)

Subject to applicable provisions of this chapter, performance standards established by this title, and processing requirements of section 11-8-2 of this title, the following are uses allowed in a B-3 District by administrative permit as may be issued by the Zoning Administrator:

   A.   Open or outdoor sales, rental or display as an accessory use in association with an allowed principal use; provided, that:

      1.   The area so occupied shall not exceed ten percent (10%) of the principal building.

      2.   No storage or display of merchandise shall be permitted in the required rear, side or front yard and shall be limited to the area of the customer entrances.

      3.   The outdoor sales, rental or display area shall be included in the calculations for parking spaces required for the use and shall not occupy space required for parking as stipulated by chapter 21 of this title, except as may be exempted for cause by the Zoning Administrator.

   B.   Temporary, outdoor promotional events and sales; provided, that:

      1.   Promotional Events:

         a.   Such activity is directed towards the general public and includes grand openings, carnivals, craft shows, flea markets, mechanical and animal rides and displays of materials that are typically not sold or serviced on the site.

         b.   The event shall not exceed the period specified in the administrative permit and in no case shall exceed three (3) consecutive calendar days per event.

         c.   There shall be no more than two (2) promotional events per calendar year per property.

      2.   Outdoor Sales:

         a.   Such activity is directed towards the general public and includes warehouse sales, sidewalk sales, inventory reduction or liquidation sales, distressed merchandise sales, seasonal merchandise sales, and licensed transient merchant and transient product merchant sales.

         b.   The following specific standards shall apply to all proposed temporary outdoor sales activities allowed by this subsection and by the business licensing provisions of this Code in addition to other applicable Building and Safety Code requirements as determined by the Zoning Administrator:

            (1)   The maximum total time for temporary outdoor sales activities shall be the period specified in the administrative permit and, in no case, shall exceed sixty (60) days per calendar year per property.

            (2)   There shall be no more sales activities than those specified in the administrative permit and, in no case, shall there be more than ten (10) sales activities per year per property.

            (3)   Sales activities may be conducted within a required yard, provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access. Temporary sales on unpaved landscaped areas is prohibited.

         c.   General standards apply as follows:

            (1)   The event shall be clearly accessory to or promoting the permitted or conditional use approved for the site. Only merchandise which is normally manufactured, sold, or stocked by the occupant on the subject premises on a regular or seasonal basis shall be sold and/or promoted.

            (2)   Tents, stands, and other similar temporary structures may be utilized, provided they are clearly identified on the submitted plan; and provided, that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site.

            (3)   The submitted plan shall clearly demonstrate that adequate off street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of this title. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi-tenant buildings. Parking on public rights-of-way and streets is prohibited; except, that parking on local streets may be allowed on Saturday and Sunday only; provided, that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Zoning Administrator, at the petitioner's expense.

            (4)   Signage related to the event shall be in compliance with the temporary sign standards of this title and shall be allowed for the duration of the event. Special signage for purposes of traffic direction and control may be authorized by the Zoning Administrator. The erection and removal of such signage shall be the responsibility of the applicant.

            (5)   The approved permit shall be displayed on the premises for the duration of the event. (Prior Code § 20-77-4)

The following are permitted accessory uses in a B-3 District:

   A.   Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty percent (30%) of the gross floor space of the principal use.

   B.   Off street loading as regulated by chapter 22 of this title.

   C.   Off street parking as regulated by chapter 21 of this title.

   D.   Radio and television receiving antennas including single satellite dish TVROs three and one-half meters (3.5 m) or less in diameter, short wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, Federal licensed amateur radio stations and television receivers, as regulated by chapter 33 of this title. (Prior Code § 20-77-5; amd. 2018 Code)

The following are conditional uses in a B-3 District subject to the procedures set forth in and regulated by chapter 4 of this title:

   A.   Commercial drive-through, mechanical and/or self-service car washes; provided, that:

      1.   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 in property values or constitute a blighting influence.

      2.   Magazining or stacking space is constructed to accommodate an appropriate number of vehicles and shall be subject to the approval of the City Council.

      3.   At the boundaries of a residential district, a strip of not less than five feet (5') shall be landscaped and screened in compliance with chapter 19 of this title.

      4.   Each light standard island and all islands in the parking lot are landscaped or covered.

      5.   Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with chapter 19 of this title.

      6.   The entire area other than occupied by the building or planting shall be surfaced with blacktop or concrete which will control dust and drainage which is subject to the approval of the City Engineer.

      7.   The entire area shall have a drainage system which is subject to the approval of the City Engineer.

      8.   All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with chapter 16 of this title.

      9.   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 Engineer.

      10.   All signing and informational or visual communication devices shall be in compliance with the provisions of chapter 37 of this title.

      11.   Provisions are made to control and reduce noise in accordance with chapter 16 of this title.

   B.   Convenience food restaurants; provided, that:

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

      2.   At the boundaries of a residential district, a strip of not less than five feet (5') shall be landscaped and screened in compliance with chapter 19 of this title.

      3.   Each light standard island and all islands in the parking lot are landscaped or covered.

      4.   Parking areas shall be screened from view of abutting residential districts in compliance with chapter 19 of this title.

      5.   Parking areas and driveways shall be curbed with continuous curbs not less than six inches (6") high above the parking lot or driveway grade.

      6.   Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with chapter 21 of this title and shall be subject to the approval of the City Engineer.

      7.   All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with chapter 16 of this title.

      8.   The entire area shall have a drainage system which is subject to the approval of the City Engineer.

      9.   The entire area other than occupied by buildings or structures or plantings, shall be surfaced with blacktop or concrete which is subject to the approval of the City Engineer.

      10.   All signing and informational or visual communication devices shall be in compliance with the provisions of chapter 37 of this title.

   C.   Daycare facilities as regulated by chapter 30 of this title.

   D.   Essential services involving transmission pipelines and transmission or substation lines in excess of thirty three (33) kilovolts and up to one hundred (100) kilovolts.

   E.   Governmental and public utility buildings and structures, other than City of Otsego.

   F.   Micro-distilleries with tasting rooms.

   G.   Minor automobile repair, provided, that:

      1.   The hours of operation shall be limited to seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. unless extended by the City Council.

      2.   All repair activities shall be conducted within the principal building with overhead doors to the service area(s) closed at all times, except when moving vehicles in and out.

      3.   The emission of odor by a use shall be in compliance with and regulated by the Minnesota Pollution Control Standards, Minnesota regulation APC 7011, as amended.

      4.   All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota State Fire Code.

      5.   All outside storage is prohibited. Storage of damaged vehicles, vehicles being repaired and vehicle parts and accessory equipment must be completely inside a principal or accessory building.

   H.   Motor fuel station.

      1.   Secondary Uses: Secondary uses occurring within the same property as the motor fuel station shall be allowed as provided for within this zoning district.

      2.   Hours: Hours of operation shall be limited to the hours between five o'clock (5:00) A.M. to twelve o'clock (12:00) midnight unless extended by the City Council.

      3.   Architectural Standards:

         a.   All elevations of the principal and accessory structures, including the canopy columns, are to have essentially the same or a coordinated harmonious finish treatment that shall comply with subsection 11-17-4D1a of this title.

         b.   Contrasting colors not defined as earth tones may be used on the exterior of principal and accessory buildings subject to the following:

            (1)   Ten percent (10%) of the building facade may contain contrasting colors.

            (2)   The canopy may have contrasting color bands or accent lines not to exceed a cumulative width of twelve inches (12").

      4.   Canopy: A protective canopy structure may be located over the pump island(s), as an accessory structure, subject to the following performance standards:

         a.   The edge of the canopy shall be set back a minimum of twenty feet (20') from front and side lot lines; provided, that adequate visibility is maintained both on site and off site.

         b.   The canopy shall not exceed eighteen feet (18') in height and must provide fourteen feet (14') of clearance underneath the structure.

      5.   Landscaping: A minimum of twenty five percent (25%) of the lot, parcel, or tract of land used exclusively for the motor fuel facility shall remain as a landscaped area including turf grass, trees, shrubbery, plantings, or fencing, subject to the following performance standards:

         a.   At the boundaries of the lot, the following landscape area shall be required in compliance with section 11-19-3 of this title:

            (1)   An area not less than fifteen feet (15') wide abutting public rights-of-way.

            (2)   An area not less than five feet (5') wide along all side and rear lot lines.

            (3)   A buffer yard of not less than twenty feet (20') wide where the use abuts residentially zoned property.

      6.   Fuel Pumps: Fuel pumps shall be installed and located in accordance with the following performance standards:

         a.   All fuel pumps shall be set back a minimum of thirty feet (30') from any property line.

         b.   Fuel pumps shall be elevated on islands six inches (6") above the drive aisle surface.

         c.   There shall be a minimum setback of twenty four feet (24') between the curb face of the pump islands.

      7.   Access And Circulation:

         a.   Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with chapter 21 of this title.

         b.   The site design shall accommodate adequate turning radius and vertical clearance for a semitrailer truck.

      8.   Off Street Parking:

         a.   Off street parking stalls shall be provided as required by chapter 21 of this title. The number of required parking spaces shall be calculated solely based upon the use and the square footage of the principal building.

         b.   The number of parking stalls designed to accommodate Class 4 or larger vehicles shall not exceed twenty five percent (25%) of the total number of off street parking stalls provided within the property.

         c.   Parking spaces shall be screened from abutting residential zoned properties in compliance with section 11-19-3 of this title.

      9.   Pedestrians: An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked or moving vehicles, subject to the following performance standards:

         a.   There shall be a pedestrian sidewalk a minimum of five feet (5') wide and clear of any obstacle or impediment along the front width of the principal building. The pedestrian sidewalk may be reduced to a minimum of three feet (3') wide and clear of any obstacle or impediment when segregated from parking or drive aisles by a physical barrier that prevents vehicles from overhanging the pedestrian sidewalk.

      10.   Outside Sales And Service: Outside sales and service shall be allowed as an accessory use; provided, that:

         a.   Areas Indicated: Areas for outdoor sales and services shall be clearly indicated on the site plan and reviewed at the time of application for a conditional use permit. No outdoor sales or services shall be allowed outside of those areas so designated on the approved site plan without approval of an amended conditional use permit.

         b.   Location: Outdoor sales and services shall be located upon a concrete or asphalt surface and shall not encroach into any required principal building setback, required parking stall, drive aisle, or pedestrian sidewalk required by this chapter, or otherwise impede vehicle and pedestrian circulation.

         c.   Outdoor Sales:

            (1)   The area devoted to outdoor sales shall not exceed ten percent (10%) of the gross floor area of the principal building or two hundred (200) square feet, whichever is less.

            (2)   The height of sales displays shall not obstruct any window or otherwise impair a clear view of the pump islands from the cashier station within the building and shall comply with the following:

               (A)   Displays located between fuel pumps under the canopy shall not exceed three feet (3') in height measured from the grade of the adjacent drive aisle to the top of the display.

               (B)   All other outdoor displays shall not exceed five feet (5') in height measured from grade to the top of the display.

            (3)   Propane sales limited to twenty (20) pound capacity tanks may be allowed provided the propane tanks are secured in a locker and meet all Building and Fire Codes.

            (4)   Freezers for ice products may be located at the front of the building, or located in a side or rear yard and screened from view from adjacent properties or public rights-of-way by materials consistent with the principal building.

         d.   Outdoor Services: Compressed air service, or vacuum machines, and/or electric charging stations shall not be located in a yard abutting residentially zoned property.

      11.   Exterior Lighting: A comprehensive lighting plan shall be submitted demonstrating compliance with section 11-16-6 of this title and the following performance standards:

         a.   Canopy lighting shall only be permitted under the canopy structure, and consist of recessed canisters with no portion of the light source or fixture extending below the bottom face of the canopy.

         b.   Total canopy illumination below the canopy may not exceed one hundred fifteen (115) foot-candles at ground level.

         c.   The canopy fascia shall not be illuminated except for signs allowed in accordance with this section.

      12.   Signs:

         a.   A comprehensive sign plan shall be submitted demonstrating compliance with chapter 37 of this title.

         b.   Signs may be allowed on a canopy in lieu of any signs mounted on the principal structure elevation facing the yard in which the canopy is located; provided, that the area of the canopy mounted sign(s) does not exceed more than twenty percent (20%) of the area of the canopy elevation.

      13.   Noise:

         a.   Noise control shall be required to comply with section 11-16-10 of this title.

         b.   A public address system shall not be audible at any property line.

         c.   Play of music or advertisement from a public address system is prohibited.

      14.   Litter Control:

         a.   Exterior trash receptacles shall be provided at convenient locations to facilitate litter control.

         b.   The operation shall be responsible for litter control on a daily basis within the property.

         c.   Trash and recycling containers other than receptacles intended for patron use shall be screened within an enclosure as required by section 11-18-4 of this title.

      15.   Stormwater Management And Drainage: The entire site other than taken up by a building, structure, or plantings shall be surfaced with asphalt, concrete, cobblestone, or paving brick subject to the following performance standards:

         a.   All plans for stormwater management and drainage shall comply with section 11-16-5 of this title, subject to review and approval of the City Engineer.

         b.   Drainage from all fueling areas shall be directed to an oil/grit separator that complies with the following minimum design standards:

            (1)   A minimum of four hundred (400) cubic feet of permanent pool storage capacity per acre of drainage area.

            (2)   A minimum pool depth of four feet (4').

            (3)   A minimum oil containment capacity of eight hundred (800) gallons.

            (4)   Minimum maintenance/inspection of two (2) times per year and/or after measurable spill events as defined by the Minnesota Pollution Control Agency.

            (5)   Any measurable spill event shall be reported to the Minnesota Pollution Control Agency.

   I.   Personal wireless service towers and antennas not located on a public structure, as regulated by chapter 33 of this title.

   J.   Veterinary clinics and animal kennels; provided, that:

      1.   All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties.

      2.   Animal carcasses are properly disposed of in a manner not utilizing on site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal.

      3.   An animal kennel is permitted as a use accessory to the veterinary clinic; provided, that:

         a.   An indoor exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. No outdoor exercising of animals shall be permitted.

         b.   A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between sixty degrees Fahrenheit (60°F) and seventy five degrees Fahrenheit (75°F).

         c.   A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals.

         d.   Indoor animal kennel floors and walls shall be made of nonporous materials or sealed concrete to make it nonporous.

         e.   Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once per day.

         f.   All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. (Prior Code § 20-77-6; amd. Ord. 2017-14, 11-13-2017; 2018 Code)

The following minimum requirements shall be observed in a B-3 District, subject to additional requirements, exceptions and modifications set forth in this title:

   A.   Lot Area: One acre.

   B.   Lot Width: Two hundred feet (200').

   C.   Setbacks:

      1.   Front yard:

         a.   Setbacks from centerline: Sixty five feet (65').

         b.   Setbacks from right-of-way lines: Thirty feet (30').

Where a lot is located at the intersection of two (2) or more streets or highways which bound two (2) or more sides of the lot, no building shall project beyond the front yard line of either street.

      2.   Side yards: Ten feet (10') unless abutting a residential district, then thirty five feet (35').

      3.   Rear yard: Twenty feet (20') unless abutting a residential district, then thirty five feet (35'). (Prior Code § 20-77-7)

   A.   Principal building: Thirty five feet (35').

   B.   Accessory building: Per subsection 11-18-2F of this title. (Prior Code § 20-77-8)