ZONING CODE Chapter Commercial Three (C-3) District

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1 ZONING CODE Chapter Commercial Three (C-3) District Purpose. The purpose of the "C-3", Auto-Oriented Business, District is to provide for the establishment of businesses with need for great amounts of outdoor storage of vehicles as well as those which generate great amounts of vehicular traffic Requirements for the Establishment of a C-3 District. No property will be zoned C-3 District unless it is either (1) more than 5 acres in area, or (2) contiguous on a rear or side lot line or street frontage to an existing Commercial District, Office Building District, Industrial District or Planned Industrial District, or any combination thereof. All new zoning districts must be approved by the City Council Uses in the C-3 District and Highway Business District. (1) Permitted Uses: (a) Any Permitted Use of the C-2 District, except (1)(r) (Daycare centers). (b) Automobile agencies selling new vehicles. (c) Boat and marine stores or agencies selling new boats. (d) Convenience foods restaurants. (e) Garages for the storage, repair, and servicing of motor vehicles of not over two tons capacity. (f) Health care facilities. (g) Office buildings. (h) Post-secondary educational facilities. (i) Recreational vehicle and trailer sales. (j) Rental agencies for the rental but not sale of automobiles. If the proposed land use is on land primarily used for residential purposes and such proposed Permitted Use may adversely affect the residential character of contiguous property, then such proposed Permitted Use may be denied as such, and only considered on a Special Use application. (2) Special Uses: (a) Except for (2)(g) (Offices), all those Special Uses of the C-2 District, subject to the same conditions imposed in the C-2 District. (b) Automobile Washing Establishments: (i) Automobile car wash establishments shall be subject to the same limitations and conditions as are specified heretofore in subparagraphs 1 and 4 for Automobile Service Stations in the C-2 District. (ii) Sufficient off-street area to provide space for not less than 10 automobiles waiting to be serviced shall be provided. A space 18 feet by 9 feet shall be deemed adequate for each such required space. (iii) All wash water disposal facilities including sludge, grit removal and disposal equipment shall be subject to the approval of the City Engineer and shall conform with all City ordinances regarding sewerage and health, and shall be so designed so as not to affect detrimentally the City sewer system. (c) Hotels and motels. 15-1

2 (d) (e) (f) (g) (h) Sale of rental automobiles in conjunction with rental of automobiles under (1)(g) of this Section, subject to: (i) Automobiles for rent shall always number 70 percent or more of the total automobiles for rent or sale on the site. Those automobiles for sale shall be clearly marked and not available for rent. (ii) Only used automobiles originally and continuously owned by the rental agency shall be sold from the site. (iii) A building or buildings shall constitute at least 15 percent of the site, and the total site shall be at least one acre. (iv) A development agreement shall be executed which shall, among other things, require annual renewal of the special use permit and the applicant's understanding that there will be a denial of such renewal if any of the above conditions are violated. Temporary display of individually owned and driveable used motor vehicles, including automobiles, trucks and recreational vehicles and including individually owned and operable boats, subject to the following criteria and in addition to the criteria established in Section (i) The total site shall be at least one acre; be well landscaped; and shall have a building with restroom facilities. (ii) The primary finish of the exterior building walls shall be one or a combination of the following: (a) face brick; (b) glass; (c) "rock face" or "split face" concrete block; (d) architectural quality prefinished metal panels, when used in combination with one or more of the above materials; or (e) other building facade treatment approved by the Council. (iii) All parking shall be improved according to City standards including a bituminous surface, concrete curbing and storm sewer necessary for proper site drainage. (iv) A site plan shall clearly show all parking and designate location and number of spaces for various types of motor vehicles and customer parking. One customer parking space shall be provided for every seven motor vehicle display spaces. Drive aisles must comply with Section (2)(a) and all parking spaces must be appropriately striped. A site lighting plan shall also be required, denoting the type of fixture, the height of the light source, and the foot candle meter illumination patterns on the site. (v) A sign plan shall be submitted showing all sign details in accordance with Section Motor vehicle body shops. Kennels of more than five (5) domestic animals. Movie theaters, with the following conditions: (i) The movie theater and associated parking must be at least 300 feet from the nearest residential use or residentially zoned land; (ii) A traffic study shall be performed by a qualified professional engineer and a traffic management plan formulated as part of the conditions of approval; (iii) Reasonable hours of operation and staggered showtimes shall be incorporated into the conditions of approval; (iv) A security plan, subject to annual review and modification, shall be adopted; and; 15-2

3 (i) (j) (k) (l) (v) Any video games or arcade-like games shall be located so as to be available only to paying theater patrons. Public Buildings. Churches. Schools. Display of More than Five and not more than Ten Used Vehicles. Displays for sale of operable used motor vehicles and recreational vehicles numbering more than five (5) and not more than ten (10) vehicles, and as an accessory use to a related principal use, shall be subject to the following criteria: (i) (ii) (iii) (iv) (v) (vi) (vii) Any used vehicle sales under this section must be associated with a principal building of at least one thousand (1,000) square feet of floor area; The total site shall be at least one-half acre in size; well landscaped; and shall have a building with restroom facilities; Any used vehicles allowed to be displayed for sale under this section shall be licensed according to the State of Minnesota sales license held by the business owner on the site; shall be clearly marked with a required Federal Used Car Warranty Sticker; and no used vehicles shall be available for rent. Any personal or customer vehicle(s) parked or awaiting service on an approved site shall not be displayed or offered for sale under any circumstances, unless properly marked as noted in subsection (iii) above and meeting all other conditions listed herein. All parking display areas shall be on-site and improved according to City standards including a bituminous or concrete surface, and storm sewer necessary for proper site drainage. Parking or display of used vehicles for sale on a public or private street, gravel, grass or any unimproved surface is strictly prohibited. All parking requirements of Section are satisfied. A site plan shall clearly show all employee, customer and designated used vehicle display parking location(s), with all spaces appropriately sized and striped for the various types of motor vehicles to be displayed. A site lighting plan shall be required, denoting the type of fixture, the height of the light source, and the foot candle meter illumination patterns on the site. (viii) A screen, consisting of a fence up to six (6) feet in height and including landscaping shall be installed and maintained along all property lines separating institutional, residential, or professional office districts and/or uses. (ix) (x) A sign plan shall be submitted showing all sign details in accordance with Section Banners, pennants, balloons and similar inflatable type signs are prohibited. A development agreement shall be executed which shall, among other things, require annual renewal of the special use permit and 15-3

4 the applicant s understanding that there will be a denial of such renewal if any of the above conditions are violated. (3) Accessory Uses: (a) Business signs, as permitted by City Sign Code. (b) Off-street parking facilities. (c) Storage of merchandise, solely intended to be sold by a related and established principal use. (d) Used automobiles provided that such use is incidental to a related principal use (except service stations) and provided that the parking requirements of Section are satisfied. There shall be no more than five used automobiles on display for sale at any one time for each building site (except where the related principal use is an automobile agency selling new vehicles); provided, that those related principal uses that wish to exceed the five used automobiles indicated herein shall be subject to the criteria established in Section (2)(l) Access. (1) Access to C-3 commercial activities shall be allowed only on arterial or collector streets or a street specifically designed for such development. (2) Curb cuts within a single proposed site shall not be spaced closer than 100 feet, except in the case of service stations and automobile car wash establishments. Commercial and industrial developments of a small scale shall be encouraged to develop common access drives and parking facilities. Incentives to encourage shared access and parking, such as reduction in setback and/or parking requirements, may be provided at the discretion of the City Council. (3) A turning lane and its appropriate right-of-way must be provided if the City Council determines that one is needed Lot Coverage. (1) To calculate lot coverage the following areas shall be added together: Area of the building as determined by the foundation plan; parking areas and driveways; loading, storage, trash areas, and all other areas covered with impervious material not purposely used for landscaping. (2) The maximum allowable lot coverage shall be 90 percent of the lot Requirements on Setbacks, Yards, and Height. (1) The minimum setback from any C-3 District boundary or public street right-of-way shall be as set forth below. Setback from: All Uses Except Health Care, Office or Education Building Health Care, Office or Education Feet Building Feet Minor Arterial Street RoW Collector Street RoW Local Street RoW Interior Lot Line

5 Residential Zoning Boundary Parking Lot or Circulation Drive Feet Feet Arterial Street Collector Street Local Street Interior Lot Line Residential Zoning Boundary (2) Height: Maximum height of buildings shall be 35 feet except for health care, office or education land uses, which buildings may have a maximum height of 45 feet. (Source: Ord. 114; Ord. 286; Ord. 310; Ord. 328; Ord. 360; Ord. 382; Ord. 400; Ord. 402; Ord. 408; Ord. 412; Ord. 420; Ord. 437; Ord. 466; Ord. 487; Ord. 557, Ord. 638, ) 15-5

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