HomeMy WebLinkAbout2.a.Commercial Zoning Text Amendment C-3 Hwy Commercial and C-4 General CommercialAGENDA ITEM: Case 05 -25 -TA C -3, Highway
Commercial and C -4, General
Commercial Zoning Text Amendment
AGENDA SECTION:
PREPARED BY: Jason Lindahl, A I C.P.
AGE
f,
Assistant City Planner
ATTACHMENTS: Use Change Summary Tables for the C-
APPROVED BY:
3 and C -4 Districts, Draft copies of the
amended C -3, Highway Commercial and
C -4, General Commercial Districts,
07126/05, 07/12/05, and 06/28/05 PC
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Minutes
RECOMMENDED ACTION: Review and direct staff with any changes prior to formal
action by the Council on August 16, 2005
4 ROSEMOUNT
CITY COUNCIL
City Council (Work Session): August 9, 2005
EXECUTIVE SUMMARY
SUMMARY
In coordination with the 42/52 Land Use Study, staff has been working with the Plannmg Commission to
revise and update the C -3, Highway Commercial District and the C -4, General Commercial District uses
and development performance standards. The "use" changes include the following three items. (1)
modermzmg the permitted, accessory and conditional use sections, (2) creating specific performance
standards for conditional uses, and (3) adding an interim use category. The development performance
standards changes entail the following four items (1) increasing the buffering standards for commercial
uses contiguous to non commercial or non industrial uses or distracts, (2) updating the building materials
and appearance standards (3) create parking lot screening and landscaping standards, and (4) adding
landscaping and irngation standards.
The commission reviewed these changes during two work session on June 28 and July 12, 2005 and
recommended City Council approval after a pubhc hearing on July 26, 2005 Minutes from these meetings
are attached for your reference. A detailed account of the "use" and performance standards changes are
provided below. Staff will review these changes, answer any questions and take directions from the
Council in preparation for formal review during the August 16, 2005 Council meeting.
USE CHANGES
When updating the commercial districts, the Planning Commission's prnnary goal was to rearrange the
uses to focus the auto onented and outdoor display uses m the C -3 District while creating detailed
performance standards for conditional uses During this process staff also recognized the need for an
interim use section to allow for uses that may be allowable on a tempoiary basis and have a specific end
date. The tables on the following pages summarize the changes made to the "uses" sections of the C -3,
Highway Commercial and C -4, General Commercial Districts. These tables detail the permitted,
accessory, conditional and interne uses contained m the original and proposed text.
DEVELOPMENT STANDARDS CHANGES
The Planning Commission's secondary goal was to establish consistent and high quality development
standards Parts of the updated performance standards can be seen m PUD developments throughout the
community. However, both the Commission and staff recognize the impact high- quality development
standards have on both individual buildings and the community as a whole. The changes to the
development standards focus on four areas (1) increasing the buffering standards for commercial uses
contiguous to non commercial or non mdustnal uses or districts, (2) updating the building materials and
appearance standards (3) create parking lot screening and landscaping standards, and (4) adding
landscaping and irrigation standards. A companson of the new and existing standards is provided below.
Buffer Yard: This standard requires a thirty (30) foot buffer yard along any side or rear property
line contiguous to a non commercial or non industrial use or district. This area must contain
landscaping and bemung to provide a ninety (90) percent opacity screen to a height of at least six
(6) feet and shall not contain any structures, parking, off street loading or storage Should
landscaping and berm rig be unpractical, the City may approve screening walls and /or decorative
fencing as an alternative. Screening walls shall be constructed of the same materials as the
principal building and shall not extend more than twenty five (25) feet without a change in
architecture to reduce their mass and appearance. By comparison, the existing standard required
the same thirty (30) foot buffer yard but only requires a fifty (50) percent opacity screen to a height
of three (3) feet adjacent to parking.
Architectural Appearance and Materials: This item creates standards for the building's
appearance. It requires buildings to have "360 Degree" architecture (or an equally attractive
appearance on all sides) and to use architectural features to prevent large uninterrupted building
walls or elevations It also requires building to be constructed of at least fifty percent (50 0 /o) brick
or natural stone The remaining fifty percent (50 of the wall surface may be specialty integral
colored concrete block (including textured, burnished, and rock faced block), tile (masonry, stone
or clay), architectural textured concrete panels cast in place, or better, EIFS or masonry stucco
may be used for the sign band areas and /or architectural accents totaling no more than ten (10)
percent of the non -brick or stone portion of the building. Unadorned concrete is prohibited. By
Comparison, the C -3 District has a one hundred (100) percent bnck requirement while the C -4
Distract has a fifty (50) percent brick and fifty (50) percent rock face block standard. Neither the
C -3 nor the C -4 District has a "360 Degree" or architectural features standards.
Parking Lots: To reduce the impact of large expanses of paved surfaces, provide a more
pedestrian friendly environment and provide adequate room for snow storage, this item requires all
parking areas to be screened and landscaped. Trees, shrubs, flowers and ground cover needed in
these areas shall be m addition to the minimum number of trees and foundation plantings required
by the landscape ordinance. Neither the C -3 nor the C -4 Distnct has parking lot screening and
landscaping standards.
Landscaping and bemung shall be a primary source for screening parkmg areas. Should
landscaping and berming be impractical, the City may approve screening walls and /or decorative
fencing as an alternative Screening walls shall be constructed of the same materials as the
pnncipal building and shall not extend more than twenty five (25) feet without a change m
architecture to reduce its mass and appearance. The screening source (landscaping and bemung or
walls and /or decorative fencing) shall provide a minimum fifty 50 percent opacity screen to a
height of at least four (4) feet
A minimum of ten (10) percent of the parking area shall be landscaped. This landscaping shall be
located on islands, peninsulas or the hke within the perimeter of the parking area The islands or
peninsulas shall be a minimum eight and one -half (8 5) feet wide and extend the length of the
adjacent parking stall(s). To ensure this landscaping is properly dispersed, a minimum of one
island, peninsulas or the hke shall be located within each 6,000 square feet of vehicular use area. A
minim of one tree shall be required for each 250 square feet or fraction thereof, of required
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landscape area. Deciduous trees shall have a clear trunk of at least five feet above the ground and
a cahper of at least two and one -half (2 5) inches. Coniferous trees shall be at least four (4) feet in
height. The remauung area shall be landscaped with shrubs or ground cover not to exceed two
feet in height.
Landscaping: All areas of land other than those occupied by building or hardcover shall be
landscaped with a combination of sod and plantings and all landscaped areas shall be irrigated.
Portions of the site may be exempt from these requirements where future development or
expansion is planned. While these standards are part of the City's BP Business Park District they
are not part of the commercial standards. However, m many cases the impervious surface
coverage standards address these issues but do not ensure landscaping and irrigation.
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C -3, Highway Commercial Use Changes Summary
Use
Category
Existing
Proposed
Accessory Apartments
Accessory Use
Deleted
Agncultural Machinery
Equipment Sales
Permitted Use
Moved to Motor Vehicle Sales or
Rental Conditional Use
Automotive Repair
Permitted Use
Conditional Use
Automotive Sales
Conditional Use
Moved to Motor Vehicle Sales and
Rental Conditional Use
Child Adult Day Care
N/A
Added as Permitted Use
Commercial Car Wash
N/A
Added as Conditional Use
Communication Businesses
Permitted Use
Permitted Use
Convenience Stores
Permitted Use
Allowed as Permitted Retail Use
Custom Manufacturing, With
Accessory Retail Sales Display
Conditional Use
Deleted
Drive- Through Facilities
N/A
Conditional Use
Eating Drinking Establishments
Permitted Use
Permitted Use
Essential Services
Permitted Use
Permitted Use
Financial Services
N/A
Permitted Use
Gasoline Sales
Permitted Use
Moved to Non- Service Station
Retail Facilities Having Gasoline
Pumps Conditional Use
General Repair Services
Permitted Use
Permitted Use
Hotels Motels
Permitted Use
Permitted Use
Indoor Amusement Recreation
Permitted Use
Permitted Use
Landscape Horticultural
Pemutted Use
Conditional Use
Lumber Yards Construction
Materials
Permitted Use
Conditional Use
Motor Vehicle, Trailer, Boat, or
Agncultural Machinery Sales or
Rental
N/A
Conditional Use
Multiple Parcels, Tenants, Buildings
Conditional Use
Deleted
Non Service Station Retail Facilities
Having Gasoline Pumps
Permitted Use (Gasoline Sales)
Conditional Use
Outdoor Amusement Recreation
Services
Conditional Use
Conditional Use
Outdoor Dining (10 or Less)
Accessory Use
Accessory Use
Outdoor Dining (11 or More)
Accessory Use
Conditional Use
Outdoor Display /Storage or Sales
Accessory Use
Conditional Use
Personal Services
N/A
Permitted Use
Professional Service Offices
N/A
Permitted Use
Public Parking Lots and Transit
Stations
Permitted Use
Permitted Use
Public Parks
Permitted Use
Permitted Use
Retail Sales
Permitted Use
Permitted Use
Satellite Dishes Solar Collectors
Accessory Use
Accessory Use
Self Service Storage
Permitted Use
Conditional Use
Theaters
Permitted Use
Permitted Use
Transient Merchant Sales Lots
N/A
Intenm Use
Transmission Facihnes Greater
Than One -Forth (1/4) Mile in
Length
Conditional Use
Conditional Use
Vetennan Services, Not Including
Outdoor Runs or Kennels
Permitted Use
Permitted Use
C -4, Highway Commercial Use Changes Summary
Use
Category
Existing
Proposed
Accessory Apartments
Accessory Use
Deleted
Agricultural Machinery
Equipment Sales
Permitted Use
Deleted
Automottve Repair, Service
Stations, and Car Washes
Permitted Use
Deleted
Business Services Office
Permitted Use
Allowed as Professional Services
and Offices
Child Adult Day Care
Pemutted Use
Pemutted Use
Communication Businesses
Permitted Use
Permitted Use
Convenience Stores
Permitted Use
Allowed as Permitted Retail Use
Custom Manufacturing, With
Accessory Retail Sales Display
Conditional Use
Deleted
Dnve Through Facihtes
N/A
Conditional Use
Eating Drinking Establishments
Permitted Use
Permitted Use
Educational Services
Permitted Use
Deleted
Essential Services
Permitted Use
Permitted Use
Financial Services
Permitted Use
Permitted Use
Gasoline Sales
Accessory Use
Moved to Non Service Station
Retail Facilities Having Gasoline
Pumps Conditional Use
General Repair Services
Permitted Use
Permitted Use
Hotels Motels
Permitted Use
Permitted Use
Indoor Amusement Recreation
Permitted Use
Permitted Use
Landscape Horticultural
Permitted Use
Deleted
Lumber Yards Construction
Matenals
Permitted Use
Deleted
Multiple Parcels, Tenants, Buddtugs
Conditional Use
Deleted
Outdoor Dining (10 or Less)
Accessory Use
Accessory Use
Outdoor Dining (11 or More)
Accessory Use
Conditional Use
Outdoor Display /Storage or Sales
Accessory Use
Accessory Use
Membership Organizations
Permitted Use
Permitted Use
Personal Services
N/A
Permitted Use
Professional Service Offices
N/A
Permitted Use
Public or Governmental Services
Pernutted Use
Permitted Use
Pubhc Parking Lots and Transit
Stations
Permitted Use
Permitted Use
Public Parks
Pemutted Use
Permitted Use
Retail Sales
Permitted Use
Permitted Use
Satellite Dishes Solar Collectors
Accessory Use
Accessory Use
Theaters
Permitted Use
Permitted Use
Transmission Facilities Greater
Than One -Forth (1 /4) Mile m
Length
Conditional Use
Conditional Use
Veterinary Services, Not Including
Outdoor Runs or Kennels
Permitted Use
Permitted Use
CITY OF ROSEMOUNT
STATE OF MINNESOTA
ORDINANCE B -157
AN ORDINANCE AMENDING THE ZONING REGULATIONS
PERTAINING TO THE C -3 HIGHWAY COMMERCIAL DISTRICT
THE COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS:
Section 1. Section 6.13 of the Rosemount Zoning Ordinance is amended as follows:
6.13 C -3 HIGHWAY COMMERCIAL DISTRICT
A. Purpose and Intent: The purpose of the Highway Service Commercial District is to provide
areas for business and retail services that require a large amount of outdoor storage and/or
passing motorists. This is a highly specialized district located in an area that has volumes of
traffic with high visibility. Zoning standards are intended to promote compatibility in form,
function and style.
B. Permitted Use: The following uses are permitted uses in the C -3 District.
n. Gasoline fuel pumps shall bc installed on pump islands located not closer than thirty
five (35) feet from any property line.
b. A protective canopy accessory structure located over pump islands may bc located on
d. Vehicles waiting to be repaired hall be stored in appropriately designed and scr.,ened
areas.
c. Lighting shall bc rcecs.,ed or shielded so as to have no direct source of light visible
from adjacent land, or the public right of way.
and shall be subject to the approval of the City.
3. Child and Adult Dav Care.
4. Communications Businesses.
5. C St.
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6. Eating and Drinking Establishments. Drive up's, drive thru facilities and truck stop„
are not all wed on properties fr ntin or adjacent to IIighway 3, north of County Road
7. Essential Service Facilities.
8. Financial Institutions without Drive Thru Facilities.
9. General Repair Services: including appliance repair, furniture re- upholstery and repair,
jewelry, clock, watch, radio, small electronics. small engine and television repair. All
general repair service shall be conducted in a closed building.
10. Hotels and Motels.
11. Indoor Amusement and Recreation Services, including video arcades subject to the
following restrictions:
12.
19.
a. Any arcade with fifteen (15) or more machines shall have an adult supervisor on duty
during all hours of operation.
b. No arcade shall be operated within five hundred (500) feet of a school, church, or
residence unless it is an integral part of a shopping center and does not have an
entrance except from within the shopping center.
13.
14. Personal Services, including barber beauty shops fitness centers, funeral services
mortuaries, facilities, laundry services shoe repair and photography, video rental.
15. Public Parking Lots and Transit Stations.
16. Public Parks, owned and operated by a government unit, including recreational facilities
and structures consistent with the public area.
17. Professional Services and Offices, including architects and attorney offices, dental and
medical climes financial services insurance providers, and -real estate businesses and the
like.
18. Retail Sales, including automobile parts, books and stationery, clothing, drug, gifts and
novelties, groceries, furniture and hardware, hobby, jewelry, and sporting goods stores or
other highway commercial retail establishments. All retail sales shall be conducted
indoors in a closed building.
storage of any products, equipment or other material within the storage facility
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permitted, provided the amount is not more than twenty five percent (25°%) of the
ex occupied by buildings.
shall not be pamittcd as dec rative material, except as may otherwise be approved by
calculation.
c. All storage space opcnings shall be oriented internally to the facility and shall not
directly face a public street or adjoining property.
d. Green space, planting clusters and berming shall be strategically designed and located
minimum of Overstory Tree plantings so as to satisfy the requirements ofd. above,
and provided the minimum interval spacing requirement at the boulevard is -satisfied
an underground irrigation systcm.
g. The exterior wall surfaces of all building tructures that comprise the development
doors and columns between such spaces, may be of metal, which shall consist of a
decorative factory, applied finish
between the hours of 6:00 a.m. and 11:00 p.m.
20. Theaters.
21. Veterinary Services, not including outdoor runs or kennels.
C. Accessory Uses: The following uses shall be permitted accessory uses.
3. Outdoor Seating or Dining Areas for ten or fewer seats, accessory to permitted or
conditional uses, subject to:
a. The site shall be designed to limit the effects of this outdoor seating or dinning areas
on adjacent properties
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b. The outdoor seating or dinning area shall be located on private property alone the
front. side or rear of the principal building but shall not be located within a required
setback or contiguous to any residential use or district
c. The outdoor seating or dinning area shall not interfere with circulation in anv required
parking, loading, maneuvering or pedestrian area. A minimum four (4) foot
passageway shall be maintained along the private sidewalk for pedestrians.
d. Patrons shall not be served food or beverages outside except that employees may
refill beverage containers in the seating area. At no time shall the seating area be
used for the consumption of alcoholic beverages.
e. The outdoor seating or dinning area shall be equipped with refuse containers. The
business owner shall ensure that the area is properly maintained and litter -free.
f. No public address system shall be audible from a non commercial or non industrial
use or district.
4. Satellite Dishes and Solar Collectors.
D. Conditional Uses: The following uses are conditional uses in the C -3 District, and are
subject to the conditional use permit provisions outlined in this ordinance.
1. Automotive Repair subject to.
a. The site and building(s) shall be designed to limit the effects of this use on adjacent
properties and pubic rights -of -way. No automotive repair use shall be located
contiguous to anv residential use or district.
b. All repair, assembly, disassembly or maintenance of vehicles shall occur within a
closed building, except minor maintenance including tire inflation, adding oil, wiper
replacement. and the like. All overhead vehicle doors on the building shall remain
closed except when a vehicle is entering or exiting the building.
c. Gasoline pumps /sales shall require an additional conditional use permit subject to the
performance standards outlined in Section 6.13.D.10.
d. Outdoor storage of parts materials, and equipment is prohibited.
e. Automotive Repair uses shall designate on a site plan separate areas for customer
parking and storage of inoperable vehicles awaiting repair or repaired vehicles
awaiting pick up. These areas shall meet the design standards outlined in Section 8.1
(Off Street Parking) and be screened as follows:
1. Customer parking areas shall meet the applicable screening standards outlined in
this Ordinance including but not limited to Sections 8.1 (Off Street Parking) and
6.13. (C -3. Highway Commercial District)
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2. Inoperable vehicles awaiting repair or repaired vehicles awaiting pick up shall be
stored behind the principal building. This area shall be screened from adjacent
rights -of -wav by a combination of berming. landscaping, walls, decorative
fencing and the like creating a ninety (90) opacity screen to a height of six (6)
feet. Screening walls shall be constructed of the same materials as the principal
building and shall not extend further than twenty five (25) feet without a change
in architecture to reduce its mass and appearance.
3 Junk or unlicensed vehicles awaiting repair shall be stored completely inside a
closed building in accordance with the performance standards outlined in Section
4.9.
f. Parking of vehicles on public right -of -way shall be prohibited.
g.
All painting must be conducted in an approved paint booth. All paint booths and all
other activities of the operation shall thoroughly control the emission of fumes, dust,
or other particulate matter in compliance with Minnesota Pollution Control standards
and applicable Fire and Building Codes.
h. All flammable materials, including liquids and rags, shall conform to the applicable
provisions of the Minnesota Uniform Fire Code.
i. No public address system shall be audible from a non commercial or non industrial
use or district.
2. Automotive Saks. Such uses shall be subject to thc following:
a. Open sales lots are allowed provided thc use does not take up parking spaces as
required by this ordinance
c. Storage of vehicles waiting for repair must be completely inside a principal or
accessory building, or completely screened from adjacent properties.
d. Sales lots must L., paved with curb and gutter.
f. Lighting of :ales lots must be reccsed or shielded so as to have no direct source of
light visible from adjacent land or public right of way.
g.
through concrete curbing, and landscaping, a fence, or some other approved m s.
Loud sp cers and p ging systems shall not be audible beyond one hundred (100)
feet of the property line.
4. Commercial car washes (drive through, mechanical and self service) provided that:
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a. The site and building(s) shall be designed to limit the effects of the washing operation
on adjacent properties and pubic rights -of -way. No car wash use shall be located
contiguous to any residential use or district.
b. Screening. The principal building shall be the primary source for screening the
stackine and existing areas from adjacent properties and/or rights -of -way.
Landscapine and berming shall be a secondary source for screening the stacking and
existing areas. Should landscaping and berming be impractical, the City may approve
screening walls and/or decorative fencing as an alternative Screening walls shall be
constructed of the same materials as the principal building and shall not extend more
than twenty five (25) feet without a change in architecture to reduce its mass and
appearance Stacking areas shall have a minimum 90 percent opacity screen to a
height of six (6) feet while exiting areas shall have a minimum 50 percent opacity
screen to a height of at least four (4) feet.
c. All overhead vehicle doors on the building shall remain closed except when a vehicle
is entering or existing the building.
d. Commercial car washes shall have a minimum six (6) stacking space per wash stall.
Each space shall be a minimum of nine (9) feet wide by eighteen (18) feet long.
e. Stacking shall not interfere with circulation in any required parking, loading,
maneuvering or pedestrian area.
f. Untreated water from the car wash shall not be discharged into the storm sewer. If the
water is to be pretreated and discharged into the storm sewer, the pretreatment plans
shall be subject to review and approval of the City Engineer and Building Official,
and subject to applicable requirements of Metropolitan Council Environmental
Services and MPCA.
5. Drive through facilities for restaurants, banks, and other similar uses.
a. The site and building(s) shall be designed to limit the effects of the drive- through on
adjacent properties and pubic rights -of -way No use with a drive- through window
shall be located contiguous to any residential use or district.
b. Drive- through facilities shall have a minimum six (6) stacking spaces per drive
through window. Fast food uses operating more than one window per individual
drive aisle shall meet the stacking requirements for a single drive through facility.
Each space shall be a minimum of nine (9) feet wide by eighteen (18) feet long.
c. Screening. Theprincipal building shall be theprimary source for screening the drive
through facility and stacking and existing areas from adjacent properties and/or
rights -of -way. Landscaping and berming shall be a secondary source for screening
drive -thru and stacking and existing areas Should landscaping and berming be
impractical, the City may approve screening walls and /or decorative fencing as an
alternative. Screening walls shall be constructed of the same materials as the
principal building and shall not extend more than twenty five (25) feet without a
change in architecture to reduce there mass and appearance. Stacking areas shall
have a minimum 90 sercent opacity screen to a hei•ht of six 6 feet while exiting
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areas shall have a minimum 50 percent opacity screen to a height of at least four (4)
feet.
d. Stacking lanes order board intercom, and service window shall be designed and
located to minimize noises. emissions, and headlight glare upon adjacent properties
and public rights -of -way.
e. Stacking lanes shall not interfere with circulation through any required parking,
loading. maneuvering or pedestrian area.
f. No public address system shall be audible from a non commercial or non industrial
use or district.
g. Menu Signs: In addition to the freestanding sign allowed by the Sign Ordinance, fast
food uses may display menu signs related to drive- through facilities. provided that:
1. Not more than two (2) menu signs are allowed.
2. Individual menu signs shall be single sided with an area not to exceed twelve (12)
square feet.
3. The height of the menu sign(s) shall not exceed six feet (6') including its base or
pole measured from grade to the top of the structure.
4. The menu sign(s) shall not encroach into any principal building setback and shall
be located directly adjacent to the drive- through aisle and oriented in such a
manner so that the sign provides information to the drive through patrons only
and does not provide supplemental advertising to pass by traffic and does not
impair site visibility or obstruct circulation.
6. Landscape and Horticultural Services.
a. Landscape and Horticultural services are subject to the performance standards
outlined in Section 6.13.D.12 for outdoor display.
7. Lumber Yards and Construction Materials Yards.
a. Lumber and construction material yards are subject to the performance standards
outlined in Section 6.13.D.12 for outdoor display
8. Motor Vehicle, Trailer, Boat, or Agricultural Machinery Sales or Rental.
a. The site and building(s) shall be designed to limit the effects of the sales or rental use
on adjacent properties. No sales or display area shall be located contiguous to anv
residential use or district.
b. A minimum building floor area of 20 percent of the lot area shall be required. All
overhead vehicle doors on the building shall remain closed except when a vehicle is
entering or exiting the building.
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c. The outdoor sales or display area shall not interfere with circulation in any required
parking, loading. maneuvering or pedestrian area.
d. The maximum area permitted for outdoor sales or display shall not exceed three and
one -half (3.5) square feet of outdoor storage area to each one (1) square foot of
enclosed ground floor principal building area.
e. The outdoor sales or display area shall conform to the principal building setback
requirements of the B -3 District and meet the off street parking and loading
performance standards outlined in Section 8 of this Ordinance.
f. Junk or unlicensed vehicles shall be stored completely inside a closed building in
accordance with the performance standards outlined in Section 4.9.
g. Any repair, assembly. disassembly or maintenance of vehicles shall require an
additional conditional use permit subject to the performance standards outlined in
Section 6.13.D.1.
h. Outdoor storage of parts, materials, and equipment is prohibited.
i. Screening. Landscaping and berming shall be a primary source for screening outdoor
sales and display area from adjacent rights- of -way. Should landscaping and berming
be impractical, the Citv may approve screening walls and/or decorative fencing as an
alternative. Screening walls shall be constructed of the same materials as the
principal building and shall not extend more than twenty five (25) feet without a
change in architecture to reduce its mass and appearance The screening source
(landscaping and berming or walls and /or decorative fencing) shall provide a
minimum 50 percent opacity screen to a height of at least four (4) feet.
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All necessary City or State licenses /permits shall be obtained and remain in good
standing.
k. All exterior lighting shall conform to the C -3 District standards and applicable
sections of this Ordinance.
1. No public address system shall be audible from a non commercial or non industrial
use or district. Playing of music or advertisements from the public address system is
prohibited.
m. Tents. rooftop parking. ramps or vertical devices for elevated displays are prohibited.
n. Signs shall conform to the performance standards outlined in the Sian Ordinance as
well as the standards listed below:
1. Pennants, balloons, streamers, pinwheels or other attention attracting devices are
prohibited.
2. No freestanding light poles shall be uses as temporary sign supports, as flagpoles
or to connect flags, streamers, or pennants.
3. No graphics shall be painted on the building or windows.
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4. Open hoods of vehicles, windshields, car windows, trunks, roofs or the like shall
not be used for individual letters or other signage.
5. No vehicle or trailer shall be parked in such a manner as to advertise the site
location, or to promote or advertise a sale or event
conditional in the C 3 District.
10. Non- service station retail facilities having gasoline pumps.
a. The site and building(s) shall be designed to limit the effects of this use on adjacent
properties and public rights- of -way. No Gasoline pumps shall be located contiguous
with any residential use or district.
b. Screening. The principal building shall be the primary source for screening the
gasoline pumps from adjacent properties and/or rights -of -way. Landscaping and
berming shall be a secondary source for screening gasoline pumps. Should
landscaping and berming be impractical the City may approve screening walls and /or
decorative fencing as an alternative Screening walls shall be constructed of the same
materials as the principal building and shall not extend more than twenty five (25)
feet without a change in architecture to reduce there mass and appearance. The
secondary source of screening (landscaping and berming or walls and/or decorative
fencing) shall provide a minimum 90 percent opacity screen to a height of four (4)
feet
c. Stacking for gas pumps shall be provided for at least one car beyond the pump island
in each direction in which access can be gained to the pump. Each space shall be a
minimum of nine (9) feet wide by eighteen (18) feet long.
d. Stacking areas shall be designed and located to minimize noises emissions and
headlight glare upon adjacent properties and shall not interfere with circulation
through any required parking, loading maneuvering or pedestrian area.
e. Fuel pumps shall be installed on pump islands. Pump islands shall be elevated six (6)
inches above the traveled surface of the site and shall be setback at least thirty eight
(38) feet from any property line. Additionally, the distance between pump islands
shall be a least twenty -four (24) feet, measured curb face to curb face.
f. Underground fuel storage tanks are to be positioned to allow adequate access by
motor fuel transports and unloading operations that do not conflict with circulation,
access and other activities on the site.
g.
A protective canopy structure may be located over the pump islands and an accessory
structure, subject to the following standards:
1. The edge of the canopy shall maintain setbacks as required for the principal
building.
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2. The architectural design, colors, and character of the canopy shall be consistent
with the principal building on the site. The canopy posts /sign posts shall not
obstruct traffic or the safe operation of the as pumps
3. The canopy shall not exceed eighteen (18) feet in height and must provide at least
fourteen (14) feet of clearance to accommodate a semi- trailer passing underneath
The height of the canopy may be increased should the City Council determine the
architectural design enhances the site and/or is more consistent with the principal
building.
4. The canopy fascia shall not exceed three (3) feet in vertical height.
5. Canopy lighting shall consist of canister spotlights recessed into the canopy. No
portion of the light source or fixture may extend below the bottom face of the
canopy. Total canopy illumination shall not exceed one hundred fifteen (115)
footcandies below the canopy at ground level The fascia of the canopy shall not
be illuminated.
6. Signage may be allowed on a canopy, however such signage will apply towards
the allowable sign area for the principal building and/or ground sign.
h. No public address system shall be audible from a non commercial or non industrial
use or district.
i. The sale, storage or display of vehicles is prohibited.
No outside storage, display, or services shall be allowed except as follows:
1. Propane sales limited to twentv (20) pound capacity tanks may be located outside
provided the tanks are secured in a locker and the use meets all State Uniform
Building and Fire Codes.
2. Sale or display of goods shall be allowed on the private sidewalk immediately in
front of the principal building provided that a minimum four (4) foot clearance is
maintained for pedestrian access and that the display does not exceed four (4) feet
in height and is maintained in an orderly fashion. Display shall not block the
handicap accessible route.
3. Sale or display of goods shall be allowed in an area underneath the canopy
adjacent to the pump island provided that the display does not exceed three (3)
feet in height or extend beyond the concrete base of the pump island. This area
shall be maintained in an orderly and safe fashion and in accordance with
applicable State Fire Code regulations.
k. Any repair assembly. disassembly or maintenance of vehicles shall require an
additional conditional use permit subject to the performance standards outlined in
Section 6 13.D.1
1. A car wash facility shall require an additional conditional use permit subject to the
performance standards outlined in Section 6.13.D.4.
10
11. Outdoor Amusement and Recreation Services, subject to the following restrictions:
a. No outdoor amusement and recreation service shall be located contiguous to a
residential use or district.
b. The site and building(s) shall be designed to limit the effects of this use on adjacent
properties and public rights -of -way.
c. All improvements except landscaping shall rnttst conform to the setback requirements
for principal buildings in the district.
d. No facilities may be closer than fifty (50) feet to a Residential District boundary.
e. No public address system shall be audible from a non commercial or non industrial
use or district.
12. Outdoor Display /Storage or Sales, subject to the following:
a. Outdoor display /storage or sales related to Motor Vehicle, Trailer, Boat, or
Agricultural Machinery Sales or Rental shall be subject to those standards identified
elsewhere in this ordinance specific to such use.
b. The site and building(s) shall be designed to limit the effects of outdoor
displav /storage or sales on adjacent properties and public rights -of -way.
c. Outdoor display /storage or sales connected with the principal use is limited to forty
five (45) percent of the gross floor area of the principal building.
d. Outdoor display /storage or sales may be allowed in the following locations:
1. Outdoor display /storage or sales of goods shall be allowed on the private sidewalk
immediately in front of the principal building, provided that a minimum four (4)
foot clearance is maintained for pedestrian access and that the display does not
exceed four (4) feet in height and is maintained in an orderly fashion. The
outdoor display /storage or sales shall not block the handicap accessible route.
2. At the pump island of an automobile convenience facility as specified in Section
6.13.D.10.
3. Within an enclosure constructed of materials compatible to the building's
architecture such as decorative fencing or a building wall, provided that.
a. The display area shall be clearly identified on the approved site plan for the
project and shall meet all applicable building setbacks.
b. The enclosure shall provide a minimum ninety (90) percent opacity screen.
c. The display area shall be surfaced with concrete or an approved equivalent to
control dust.
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d. The sales and display area shall not take up, or interfere with access to. any
required parking, loading, maneuvering or pedestrian area.
e. Displayed merchandise shall be maintained in a neat and orderly fashion.
f The square footage of outdoor display areas shall be included in calculation of
required off street parking for the use
e. No public address system shall be audible from a non commercial or non industrial
use or district.
f. Outdoor sales shall only be conducted by the owner or lessee of the premises.
g. Only merchandise that is normally manufactured, sold, or stored by the occupant on
the premises shall be sold and/or promoted.
13. Outdoor Seating or Dining Areas for Eleven or More Seats.
a. The site and enclosure(s) shall be designed to limit the effects of outdoor seating or
dinning areas on contiguous properties and /or public rights -of -way.
b. The seating area shall be located on private property along the front, side or rear of
the principal building but shall not be located within a required setback or contiguous
to any residential use or district.
c. The seating area shall not interfere with circulation in any required parking, loading,
maneuvering or pedestrian area. A minimum four (4) foot passageway shall be
maintained alone the private sidewalk for Pedestrians.
d. The seating area shall be located in a controlled or cordoned area acceptable to the
city with at least one opening to an acceptable pedestrian walk.
e. When a liquor license is granted, an uninterrupted enclosure is required and the
enclosure shall only have access through the principal building_
f. The seating area shall not be permitted within 200 feet of any residential use or
district and shall be separated from residential use or district by the principal structure
or other method of screening acceptable to the city. The minimum distance from a
residential use or district may be reduced should the City determine the applicant has
added sufficient elements to reduce the impact of this use.
g.
No public address system shall be audible from a non commercial or non industrial
use or district.
22. Self- Service Storage Facilities, subject to the following restrictions:
a. All storage shall be maintained in the storage space and there shall be no outdoor
storage of any products, equipment or other material within the storage facility;
provided, however, open storage for licensed, operable recreation vehicles shall be
12
permitted, provided the amount is not more than twenty five percent (25 of the
area occupied by buildings.
b. The perimeter of the storage facility shall be entirely enclosed by a combination of
buildings and decorative fencing Chain link, barbed wire or wood privacy fencing
shall not be permitted as decorative material, except as may otherwise be approved by
the City Council. For the purposes of calculating foundation planting requirements,
the decorative fencing of the perimeter shall be used in lieu of the building perimeter
calculation.
c.. All storage space openings shall be oriented internally to the facility and shall not
directly face a public street or adjoining property.
d. Green space, planting clusters and berming shall be strategically designed and located
around openings between storage facility structures.
e. The self service storage facility shall be required to provide 1.25 times the required
minimum for over -story Tree plantings so as to satisfy the requirements of d. above,
and provided the minimum interval spacing requirement at the boulevard is satisfied
and met. All landscaped areas shall be required to include the proper installation of
an underground irrigation system.
f. An accessory caretaker residence may be permitted with a storage facility, provided it
is only used for resident security and management purposes and the exterior building
materials shall match those of the principal and accessory storage facility structures.
g.
j•
The exterior wall surfaces of all building structures that comprise the development
project shall consist of brick, decorative block, stone, architectural concrete cast in
place or precast concrete panels. The "interior" wall surfaces where storage spaces
are located at or below the top of the overhead door, and including the storage space
doors and columns between such spaces, may be of metal, which shall consist of a
decorative factory, applied finish.
h. The hours of operation for the self service storage facility shall be restricted to
between the hours of 6:00 a.m. and 11:00 p.m.
i. Access to the interior of the fenced area shall be available to emergency responders in
a manner to be acceptable to the Fire Marshal.
All internal driveways intended for access to individual storage spaces shall have
minimum widths of 20 feet.
k. No internal driveway may exceed 150 feet without providing sufficient space to turn
vehicles around allowing for a minimum turning radius of 45 feet, or as approved by
the Fire Marshal
1. Common parking space available to all storage units shall be provided at a rate no
less than 1 space per 6,000 sq. ft. of storage area.
m. The exterior buildings, driveways, open space and landscaping, front, side and rear
yards shall be maintained and repaired or replaced in conformance with the approved
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n. If storage units are to be sold individually, and no landlord or property owner is
available to assume site management responsibilities, an Owner's Association shall
be required to assume the responsibilities of overall site management. The Owner's
Association shall be govemed by a Declaration of Covenants that shall be approved
by the City and recorded at Dakota County. The open space and common areas shall
be maintained and cared for by the developer of the self storage facility until an
Owner's Association is formed to maintain open space and common areas. This
Owner's Association shall be responsible for the care and maintenance of all open
space and common areas of the self storage facility and also for the maintenance and
appearance of the exterior of each unit. The Owners' Association shall levy charges
to each owner for the maintenance cost, operating costs and improvement costs for
the open or green space, and for the common and privately owned parking and paved
areas beyond each storage unit. In addition, the Owners' Association will assume the
responsibility to maintain the exterior of the building(s) and also in an acceptable
condition which is compatible with adjoining properties. The Owners' Association
will cause blighted individually owned units or areas within the facility to be repaired,
restored and maintained as necessary to an acceptable standard for the area.
o. Failure to organize Owners' Association: In the event that the developer or owner of
the self storage facility is unable to organize the property owners into an association
for the maintenance of the open space and indi\ idually owned storage units after
twelve (12) months from the completion of the construction, the Council will call for
a public hearing of all persons so concerned and ask for the creation of such an
association. If no association is formed or if the association ceases to function any
time after it is formed, the Council will order such maintenance work and restoration
of the area and then will assess such costs, together with a reasonable supervision
charge, to the owners in the self storage facility or the individual owner receiving the
individual benefit.
P.
14. Transmission Facilities greater than one -fourth (1/4) mile in length.
E. Interim Uses:
plans by the property owner or landlord. This condition shall be kept that it will not
cause a blighting of the area or a general deterioration of the Self- storage facility.
The Council may require that the Declaration of Covenants include provisions to-
meet the minimum requirements of this section or to satisfy conditions of City
approval, may be enforced by the City, and may not be amended or released without
City Council approval.
1. Transient Merchant Sales Lots as regulated by City Code chapter 3 -5 and the Zoning
Ordinance. provided that:
a. The owner and /or operator of the outdoor sales lot or event shall have written
permission of the property owner of the property on which the sale or event is located
and shall have said written permission available for inspection if requested.
b. No portion of the sales lot or any advertising for the event shall take place within anv
public right -or -way or intersection sight triangle. A minimum ten -foot (10') setback,
or the minimum parking setback for the applicable zoning district if it provides for a
14
greater setback, shall be maintained from all property lines and no portion of the use
shall take place within one hundred feet (100') of any property line of any residential
use or residentially zoned property
c. Any signage for the outdoor sale lot or event shall comply with the temporary signage
requirements contained in Chapter 10 of the Zoning Ordinance.
d. Any temporary structure including tents and membrane structures. associated with
the outdoor sales lot or event shall comply with all applicable building codes and
peiiuit requirements.
e. Hours of operation shall be subject to the requirements of chapter 3 -5 of the City
Code.
f. Adequate off street parking. with a surface in compliance with section 8 -2 -2 -1 of the
City Code, shall be provided for both the principal and interim use ensuring that no
obstruction or interference occurs with existing traffic patterns.
g.
No parking related to the outside sales lot or event shall be permitted on adjacent
parcels without the prior written consent of the adjacent parcel owner. Said written
permission shall be available for inspection if requested.
h. A detailed site plan showing; the outdoor sales lot area and dimensions, access and
egress to the site. all structures, setbacks, signage, parking, and any other information
requested to approve the outdoor sales lot shall be submitted for approval with
application materials required for an interim use permit and an outdoor sales lot in
Chapter 3 -5 of the City Code.
i. Outdoor sales lot for consumer fireworks sales shall meet the specialized
requirements laid out in Minnesota Statute, Section 624.20. City Code Chapter 6 -4.
and all other applicable Zoning, City Code, Fire Code. County Ordinance, or State
Statutes.
j. The period during which the permitted use may continue will be specified by the City
Council, but in no case will be longer than sixty (60) days.
F. Minimum Lot Requirements and Setbacks:
1. Minimum Lot Area: 1 acre
2. Minimum Lot Width. 120 feet
3. Maximum Lot Coverage. 75%
4. Minimum District Size: 2 acres
5. Minimum Front Yard Setback:
a. Principal Structure 30 feet
b. Accessory Structures: 30 feet
15
6. Minimum Side Yard Setbacks:
a. Principal Structures: 10 feet
b. Accessory Structures: 10 feet
7. Minimum Rear Yard Setbacks:
a. Principal Structures: 10 feet
b. Accessory Structures: 10 feet
8. Parking Setbacks:
a. Minimum front yard setback: 20 feet
b. Minimum rear yard setback: 10 feet
c. Minimum side yard setback: 10 feet
d. When there exits an easement for a shared private roadway or drive, the required
setback is ten (10) feet from the easement.
9 Buffer Yard: Where a C 3 Highway Commercial District abuts a residential district, a
be required This stnp shall contain no structures, shall not be used for parking, off street
loading or storage, and shall be landscaped. Landscaping shall include sod or seeded
grass, and planting of trees and shrubbery. A screen wall, fence, garthcn berm or
(3) feet in height shall be erected to provide sufficient screening of the commercial
perking.
A thirty (30) foot buffer yard shall be required along anv side or rear property line
contiguous to a non commercial or non industrial use or district. This area shall contain
landscaping and berming to provide a ninety (90) percent opacity screen to a height of at
least six (6) feet and shall not contain any structures, parking, off street loading or
storage. Should landscaping and berming be impractical, the Citv may approve screening
walls and /or decorative fencing as an alternative. Screening walls shall be constructed of
the same materials as the principal building and shall not extend more than twenty five
(25) feet without a change in architecture to reduce there mass and appearance
10. Maximum Building Height:
a. Principal Structure 35 feet
b. Accessory Structure: 25 feet
G. Additional Design Standards
16
District shall be constructed of one hundred percent (100 brick or an equivalent.
Non arth tono brick shall be limited t architectural accents.
1. Architectural Appearance and Materials. To prevent urban blight and ensure quality
long lasting construction compatible with both adjacent properties and those throughout
the district, all buildings in the C -3 District shall comply with the following standards as
well as applicable sections of this ordinance.
a. Architectural Appearance: While variation in materials and colors that support the
general theme may be allowed, the overall building shall have "360 Degree"
architecture. Non earth tone materials shall be limited to architectural accents The
color of the non -brick or stone portion of the building shall match the predominant
brick or stone color portion.
b. Building Massing Large uninterrupted building walls or elevations are prohibited.
Comer architectural elements are encouraged to define the edges of the buildine. A
building more than one hundred (100) feet in width shall be divided into increments
of no more than fifty (50) feet through the articulation of the facade This can be
achieved through combinations of the following techniques:
1. Divisions or breaks in the materials
2. Window bays
3. Separate entrances and entry treatments
4. Variations in roof lines
5. Building setbacks
6. Equivalent techniques approved by the City
c. Permitted Materials The exterior wall surfaces of all buildings shall be constructed of
at least fifty percent (50 bnck or natural stone. The remaining fiftv percent (50
of the wall surface may be specialty integral colored concrete block (including
textured. burnished, and rock faced block). tile (masonry stone or clay) architectural
textured concrete panels cast in place, or better EIFS or masonry stucco may be used
for the sign band areas and/or architectural accents totaling no more than ten (10)
percent of the non -brick or stone portion of the building Unadorned concrete is
prohibited.
2. Pedestrian Circulation:
a. Clear and well lighted walkways shall connect building entrances to adjacent public
sidewalks and to any parking facilities located on the site.
b. Appropriate provisions shall be made to protect pedestrian areas from encroachments
by parked or moving vehicles. At a minimum, a five (5) foot private sidewalk shall
extend along the portion of the principal building that abuts a required parking,
loadma or maneuvering area.
c. Concrete sidewalks, five (5) feet in width, shall be provided on all commercial
property along any collector or arterial street.
17
d. A continuous and permanent concrete curb not less than six (6) inches above grade
shall separate internal sidewalks from parking, loadmm, stacking and maneun ering
areas.
3. Lighting:
a. Lighting shall be consistent in character throughout the entire property site, in both
design and bulb type.
b. Any light fixture must be placed in such a manner that no light emitting surface is
visible from any residential area or public /private roadway, walkway, trail or other
public way when viewed at ground level.
c. Light directed upward is prohibited shall be directed toward the ground. Externally
lit signs, display, building and aesthetic lighting must be lit from the top and shine
downward. Lighting must be shielded to prevent direct glare.
d. The level of lighting shall not exceed 0.5 lumens at any residential property line or
1.0 lumen at any non residential property line.
e. The maximum height for exterior lighting is thirty (30) feet. The maximum height
for exterior lighting within 100 feet of a residential use or district shall be 20 feet.
f. All non essential lighting will be required to be turned off after business hours,
leaving only the necessary lighting for site security.
4. Parking Lots: To reduce the impact of large expanses of paved surfaces, provide a more
pedestrian friendly environment and provide adequate room for snow storage. all parking
areas (including driveways and drive aisles) shall be screened and landscaped. Trees,
shrubs, flowers and ground cover needed in these areas shall be in addition to the
minimum number of trees and foundation plantings required by this ordinance.
a. Screening. Landscaping and berming shall be a primary source for screening parking
areas. Should landscaping and berming be impractical. the City may approve
screening walls and /or decorative fencing as an alternative. Screening walls shall be
constructed of the same materials as the principal building and shall not extend more
than twenty five (25) feet without a change in architecture to reduce its mass and
appearance. The screening source (landscaping and berming or walls and/or
decorative fencing) shall provide a minimum 50 percent opacity screen to a height of
at least four (4) feet.
b. Landscaping A minimum of ten (10) percent of the parking area shall be landscaped.
This landscaping shall be located on islands, peninsulas or the like within the
perimeter of the parking area.
1. The islands or peninsulas shall be a minimum eight and one -half (8.5) feet wide
and extend the length of the adjacent parking stall(s) These dimensions may be
altered to provide sufficient area for the proposed landscaping to mature.
18
2. To ensure this landscaping is properly dispersed, a minimum of one island,
peninsulas or the like shall be located within each 6,000 square feet of vehicular
use area.
3. A minimum of one tree shall be required for each 250 square feet or fraction
5. Landscaping: All areas of land other than those occupied by building or hardcover shall
be landscaped with a combination of sod and plantings. Rock or mulch may only be used
as an accent material around sod or plantings. Trees, shrubs, flowers and ground cover
needed in these areas shall be in addition to the minimum number of trees and foundation
plantings required by this ordinance. All landscaped areas shall be irrigated. Portions of
the site may be exempt from these requirements where future development or expansion
is planned. These areas shall either be graded and seeded with prairie grass in accordance
with the City of Rosemount Grading Requirements or remain as undisturbed natural areas
containing existing viable natural vegetation that can be maintained free of foreign and
noxious plant material and will not produce soil erosion due to potential increases in
storm water runoff.
Section Two: This Ordinance shall be effective the day following its publication.
Adopted this day of 2005.
ATTEST:
Linda Jentink, City Clerk
thereof. of required landscape area. Deciduous trees shall have a clear trunk of at
least five feet above the ground and a caliper of at least two and one -half (2 5)
inches. Coniferous trees shall be at least four (4) in height. The remaining area
shall be landscaped with shrubs or ground cover (not to include rocks or gravel
except as a mulch around shrubs and ground cover) not to exceed two feet in
height
19
William Droste, Mayor
Published this day of 2005 in the Rosemount Town Pages.
6.13C -3 HIGHWAY COMMERCIAL DISTRICT
A. Purpose and Intent: The purpose of the Highway Service Commercial
District is to provide areas for business and retail services that require a large
amount of outdoor storage and /or passing motorists This is a highly
specialized district located in an area that has volumes of traffic with high
visibility Zoning standards are intended to promote compatibility in form,
function and style.
B. Permitted Use: The following uses are permitted uses in the C -3 District.
1. Child and Adult Day Care.
2. Communications Businesses.
3. Eating and Drinking Establishmerits.
4. Essential Service Facilities.
7. Hotels and Motels.
10. Public Parking Lots and Transit Stations.
1
5. Financial Institutions without Drive Thru Facilities.
6. General Repair Services: including appliance repair, furniture re-
upholstery and repair, jewelry, clock, watch, radio, small electronics, small
engine and television repair All general repair service shall be conducted
in a closed building.
8. IndoorAmusement and Recreation Services, including video arcades
,subject to the following restrictions.
a Any arcade with fifteen (15) or more machines shall have an adult
supervisor on duty during all hours of operation.
b. No arcade shall be operated within five hundred (500) feet of a school,
church, or 'residence unless it is an integral part of a shopping center
and does not have an entrance except from within the shopping center.
9. Personal Services, including barber beauty shops, fitness centers,
funeral services mortuaries, facilities, laundry services, shoe repair and
photography, video rental.
11. Public Parks, owned and operated by a government unit, including
recreational facilities and structures consistent with the public area.
12. Professional Services and Offices, including architects and attorney
offices, dental and medical clinics, financial services, insurance providers,
real estate businesses and the like.
13. Retail Sales, including automobile parts, books and stationery, clothing,
drug, gifts and novelties, groceries, furniture and hardware, hobby,
jewelry, and sporting goods stores or other highway commercial retail
establishments All retail sales shall be conducted in a closed building.
14. Theaters.
15.Veterinary Services, not including outdoor runs or kennels.,
C. Accessory Uses: The following uses shall be permitted accessory uses.
1. Outdoor Seating or Dining Areas for ten or fewer seats, accessory to
permitted or conditional uses, subject to:
a. The site shall be designed to limit the effects of this outdoor seating or
dinning areas on adjacent properties.
b. The outdoor seating or dinning area shall be located on private
property along the front, side or rear of the principal building but shall
not be located within a required setback or contiguous to any
residential use or district..
c The outdoor seating or dinning area shall not interfere with circulation
in any required parking, loading, maneuvering or pedestrian area. A
minimum four (4) foot passageway shall be maintained along the
private sidewalk for pedestrians.
d. Patrons shall not be served food or beverages outside, except that
employees may refill beverage containers in the seating area At no
time shall the seating area be used for the consumption of alcoholic
beverages
e. The outdoor seating or dinning area shall be equipped with refuse
containers The business owner shall ensure that the area is properly
maintained and litter -free
f. No public address system shall be audible from a non commercial or
non industrial use or district.
2
2. Satellite Dishes and Solar Collectors.
D. Conditional Uses: The following uses are conditional uses in the C -3 District,
and are subject to the conditional use permit provisions outlined in this
ordinance.
1. Automotive Repair subject to:
a. The site and building(s) shall be designed to limit the effects of this use
on adjacent properties and pubic rights -of -way. No automotive repair
use shall be located contiguous to any residential use or district
b. All repair, assembly, disassembly or maintenance Of vehicles shall
occur within a closed building, except minor maintenance, including tire
inflation, adding oil, wiper replacement, and the like. All overhead
vehicle doors on the building shall remain closed except when a
vehicle is entering or exiting the building.
c. Gasoline pumps /sales shall require an additional conditional use
permit subject to the performance standards,outlined in Section
6.13.D.10.
d. Outdoor storage of parts, materials, an equipment is prohibited
e. Automotive Repair Uses shall designate on a site plan separate areas
for customer parking and storage of inoperable vehicles awaiting repair
or repaired vehicles awaiting pick up These areas shall meet the
design standards outlined irr Section 8 1 (Off- Street Parking) and be
screened as follows.
1. Customer parking areas shall meet the applicable screening
standards outlined in this Ordinance including but not limited to
Sections 8 1 (Off- Street Parking) and 6 13. (C -3, Highway
Commercial District)
2. inoperable vehicles awaiting repair or repaired vehicles awaiting
pick up shall be stored behind the principal building. This area shall
be screened from adjacent rights -of -way by a combination of
berming, landscaping, walls, decorative fencing and the like
creating a ninety (90) opacity screen to a height of six (6) feet.
Screening walls shall be constructed of the same materials as the
principal building and shall not extend further than twenty five (25)
feet without a change in architecture to reduce its mass and
appearance.
3
f. Parking of vehicles on public right -of -way shall be prohibited.
g.
3. Junk or unlicensed vehicles awaiting repair shall be stored
completely inside a closed building in accordance with the
performance standards outlined in Section 4.9
All painting must be conducted in an approved paint booth. All paint
booths and all other activities of the operation shall thoroughly control
the emission of fumes, dust, or other particulate matter in compliance
with Minnesota Pollution Control standards and applicable Fire and
Building Codes
h. All flammable materials, including liquids and rags, shall conform to the
applicable provisions of the Minnesota Uniform Fire Code.
i. No public address system shall be audible from a non commercial or
non industrial use or district.
2. Commercial car washes (drive- through, mechanical and self- service)
provided that:
a. The site and building(s) shall be designed to`limit the effects of the
washing operation on adjacent properties and pubic rights -of -way. No
car wash use shall be located contiguous to any residential use or
district.
b. Screening The principal building shall be the primary source for
screening the stacking and existing areas from adjacent properties
and /or rights -of -way. Landscaping and berming shall be a secondary
source for screening the stacking and existing areas. Should
landscaping and berming be impractical, the City may approve
screening walls and /or decorative fencing as an alternative. Screening
walls shall be constructed of the same materials as the principal
building and shall not extend more than twenty five (25) feet without a
change in architecture to reduce its mass and appearance Stacking
areas shall have a minimum 90 percent opacity screen to a height of
six (6) feet while exiting areas shall have a minimum 50 percent
opacity screen to a height of at least four (4) feet.
c. All overhead vehicle doors on the building shall remain closed except
when a vehicle is entering or existing the building.
d. Commercial car washes shall have a minimum six (6) stacking space
per wash stall. Each space shall be a minimum of nine (9) feet wide by
eighteen (18) feet long.
4
e Stacking shall not interfere with circulation in any required parking,
loading, maneuvering or pedestrian area.
f. Untreated water from the car wash shall not be discharged into the
storm sewer If the water is to be pretreated and discharged into the
storm sewer, the pretreatment plans shall be subject to review and
approval of the City Engineer and Building Official, and subject to
applicable requirements of Metropolitan Council Environmental
Services and MPCA.
3. Drive through facilities for restaurants, banks;' and other similar
uses.
a. The site and building(s) shall be designed to limit the effects of the
drive through on adjacent properties and pubic rights -of -way No use
with a drive through window shall be located contiguous_to any
residential use or district
b. Drive through facilities shall have a minimum six (6) stacking spaces
per drive through window. Fast food uses operating more than one
window per individual drive aisle shall meet the stacking requirements
for a single drive through facility. Each space shall be a minimum of
nine (9) feet wide by eighteen (18) feet long.
c. Screening.,,The principal building shall be the primary source for
screening the drive- through facility and stacking and existing areas
from adjacent properties and /or rights -of -way. Landscaping and
berming shall be a secondary source for screening drive -thru and
stacking and existing areas. Should landscaping and berming be
impractical, the City may approve screening walls and/or decorative
fencing as an alternative. Screening walls shall be constructed of the
=same materials as the principal building and shall not extend more
than twenty five (25) feet without a change in architecture to reduce
there mass and appearance Stacking areas shall have a minimum 90
percent, opacity screen to a height of six (6) feet while exiting areas
shall have a minimum 50 percent opacity screen to a height of at least
four (4) feet.
d. Stacking lanes, order board intercom, and service window shall be
designed and located to minimize noises, emissions, and headlight
glare upon adjacent properties and public rights -of -way.
e. Stacking lanes shall not interfere with circulation through any required
parking, loading, maneuvering or pedestrian area.
f. No public address system shall be audible from a non commercial or
5
9.
non industrial use or district.
Menu Signs. in addition to the freestanding sign allowed by the Sign
Ordinance, fast food uses may display menu signs related to drive
through facilities, provided that:
1. Not more than two (2) menu signs are allowed.
2. Individual menu signs shall be single sided with an area not to
exceed twelve (12) square feet.
3. The height of the menu sign(s) shall not exceed six feet (6')
including its base or pole measured from grade to the top of the
structure.
4. Landscape and Horticultural Services.-,
4. The menu sign(s) shall not encroach into any principal building
setback and shall be located directly adjacent to the drive through
aisle and oriented in such a manner so that the sign provides
information to the drive through patrons only and does not provide
supplemental advertising to pass by traffic and does not impair site
visibility or obstruct circulation.
a. Landscape :Horticultural services are subject to the performance
standards outlined -in Section 6.13.D.12 for outdoor display.
5. Lumber and Construction Materials Yards.
all :umber and construction material yards are subject to the performance
standards outlined in Section 6.13.D.12 for outdoor display.
6. Motor Vehicle, Trailer, Boat, or Agricultural Machinery Sales or
Rental:__
a. The site and building(s) shall be designed to limit the effects of the
sales or rental use on adjacent properties. No sales or display area
shall be located contiguous to any residential use or district.
b. A minimum building floor area of 20 percent of the lot area shall be
required. All overhead vehicle doors on the building shall remain
closed except when a vehicle is entenng or exiting the building.
c. The outdoor sales or display area shall not interfere with circulation in
any required parking, loading, maneuvering or pedestrian area.
6
d. The maximum area permitted for outdoor sales or display shall not
exceed three and one -half (3.5) square feet of outdoor storage area to
each one (1) square foot of enclosed ground floor principal building
area.
e. The outdoor sales or display area shall conform to the principal
building setback requirements of the B -3 District and meet the off
street parking and loading performance standards outlined in Section 8
of this Ordinance.
f. Junk or unlicensed vehicles shall be stored completely inside a closed
building in accordance with the performance standards outlined in
Section 4.9.
g.
Any repair, assembly, disassembly .or.maintenanc'e, of vehicles shall
require an additional conditional use permit subject to the performance
standards outlined in Section 6.13.D.1.
h. Outdoor storage of parts, materials, and equipment is prohibited.
i. Screening. Landscaping and berming shall be a primary source for
screening outdoor sales and display area from adjacent rights -of -way.
Should landscaping and berming be impractical, the City may approve
screening walls and /or decorative fencing as an alternative. Screening
walls shall be constructed of the same materials as the principal
building and shall not extend more than twenty five (25) feet without a
change in, architecture to reduce its mass and appearance The
screening source (landscaping and berming or walls and /or decorative
fencing) shall provide a minimum 50 percent opacity screen to a height
of at least four (4) feet
All necessa City or -State licenses /permits shall be obtained and
remain in good standing
k. All exterior lighting shall conform to the C -3 District standards and
applicable sections of this Ordinance.
1. No public address system shall be audible from a non commercial or
non industrial use or district. Playing of music or advertisements from
the public address system is prohibited.
m. Tents, rooftop parking, ramps or vertical devices for elevated displays
are prohibited.
n. Signs shall conform to the performance standards outlined in the Sign
Ordinance as well as the standards listed below:
7
1. Pennants, balloons, streamers, pinwheels or other attention
attracting devices are prohibited.
2. No freestanding light poles shall be uses as temporary sign
supports, as flagpoles or to connect flags, streamers, or pennants.
3. No graphics shall be painted on the building or windows.
4. Open hoods of vehicles, windshields, car windows, trunks, roofs or
the like shall not be used for individual letters or other signage.
5. No vehicle or trailer shall be parked in such a manner as to
advertise the site location, or to promote or- advertise a sale or
event
7. Non service station retail facilities having gasoline pumps.
a. The site and building(s) shall be designed to limit the effects of this use
on adjacent properties and public rights -of -way. No gasoline pumps
shall be located contiguous with any residential use or district.
b. Screening. The principar,buildingt:shall be_ :the primary source for
screening the gasoline pumps from adjacent properties and /or rights
of -way. Landscaping and berming shall be a secondary source for
screening gasoline pumps. Should landscaping and berming be
impractical, the City may approve screening walls and /or decorative
fencing as an alternative. Screening walls shall be constructed of the
same materials as the principal building and shall not extend more
than twenty five (25) feet without a change in architecture to reduce
there mass and appearance. The secondary source of screening
(landscaping and berming or walls and /or decorative fencing) shall
provide a minimum 90 percent opacity screen to a height of four (4)
feet.
c. Stacking fo� gas pumps shall be provided for at least one car beyond
the pump island in each direction in which access can be gained to the
pump. Each space shall be a minimum of nine (9) feet wide by
eighteen (18) feet long.
d. Stacking areas shall be designed and located to minimize noises,
emissions, and headlight glare upon adjacent properties and shall not
interfere with circulation through any required parking, loading,
maneuvering or pedestrian area
8
g. A protective canopy structure may be located over the pump islands
and an accessory structure, subject to the following standards:
1. The edge of the canopy shall maintain setbacks as required for the
principal building.
e Fuel pumps shall be installed on pump islands. Pump islands shall be
elevated six (6) inches above the traveled surface of the site and shall
be setback at least thirty eight (38) feet from any property line.
Additionally, the distance between pump islands shall be a least
twenty -four (24) feet, measured curb face to curb face.
f. Underground fuel storage tanks are to be positioned to allow adequate
access by motor fuel transports and unloading operations that do not
conflict with circulation, access and other activities on the site.
2. The architectural design, colo ?s,- and character of the canopy shall
be consistent with the principal building on the site. The
posts /sign posts shall not obstruct traffic or the safe operation of the
gas pumps
3. The canopy shall not exceed eighteen (18) feet in height and must
provide at least fourteen (14) feet of clearance to accommodate a
semi trailer passing underneath. The height of the canopy may be
increased should the City Council determine the architectural
design enhances the site and /or is more consistent with the
principal building"
4. The canopyfasci a'eliall:not'exceed three (3) feet in vertical height.
5. Canopy lighting shall consist of canister spotlights recessed into the
canopy. No portion of the light source or fixture may extend below
the bottom face of the canopy. Total canopy illumination shall not
I,exceed one hundred fifteen (115) footcandles below the canopy at
ground level. The fascia of the canopy shall not be illuminated.
6. Signage may be allowed on a canopy, however such signage will
apply towards the allowable sign area for the principal building
and /or ground sign.
h. No public address system shall be audible from a non commercial or
non industrial use or district.
i. The sale, storage, or display of vehicles is prohibited
j. No outside storage, display, or services shall be allowed except as
follows:
1. Propane sales limited to twenty (20) pound capacity tanks may be
located outside provided the tanks are secured in a locker and the
use meets all State Uniform Building and Fire Codes
2. Sale or display of goods shall be allowed on the private sidewalk
immediately in front of the principal building, provided that a
minimum four (4) foot clearance is maintained for pedestrian
access and that the display does not exceed four (4) feet in height
and is maintained in an orderly fashion. Display shall not block the
handicap accessible route.
3. Sale or display of goods shall be allowed in an area underneath the
canopy adjacent to the pump island provided that the display does
not exceed three (3) feet in height or extend beyond the concrete
base of the pump island. This area shall be maintained in an
orderly and safe fashion and in accordance with applicable State
Fire Code regulations.
k. Any repair, assembly, disassembly or maintenance of vehicles shall
require an additional conditional use permit subject to the performance
standards outlined in Section 6.13.D.1
I. A car wash facility shall require' an additional conditional use permit
subject to the performance standards outlined in Section 6.13.D.4
8. Outdoor Amusement and Recreation Services, subject to the following
restrictions',
No outdoor amusement and recreation service shall be located
contiguous to a residential use or district.
b. The site and building(s) shall be designed to limit the effects of this use
on adjacent properties and public rights -of -way.
c. All improvements except landscaping shall conform to the setback
requirements for principal buildings in the district.
d. No public address system shall be audible from a non commercial or
non industrial use or district.
9. Outdoor Display /Storage or Sales, subject to the following:
10
a. Outdoor display /storage or sales related to Motor Vehicle, Trailer,
Boat, or Agricultural Machinery Sales or Rental shall be subject to
those standards identified elsewhere in this ordinance specific to such
use.
b. The site and building(s) shall be designed to limit the effects of outdoor
display /storage or sales on adjacent properties and public rights -of-
way.
c. Outdoor display /storage or sales connected with the principal use is
limited to forty five (45) percent of the gross floor area of the principal
building.
d. Outdoor display /storage or sales may be'a {lowed inthe following
locations.
Y+
1. Outdoor display /storage or sales of goods shall be allowed =on the
private sidewalk immediately in front of the principal building,
provided that a minimum four (4) foot clearance is maintained for
pedestrian access and that the display does not exceed four (4)
feet in height and is maintained in an orderly fashion. The outdoor
display /storage or sales shall not block the handicap accessible
route.
2. At the pump island of an automobile convenience facility, as
specified in Section 6.13.D.10.
3. Within an constructed of materials compatible to the
building's architecture' such as decorative fencing or a building wall,
provided that
a. The display area shall be clearly identified on the approved site
plan for the project and shall meet all applicable building
setbacks.
b. The enclosure shall provide a minimum ninety (90) percent
opacity screen.
c. The display area shall be surfaced with concrete or an approved
equivalent to control dust.
d. The sales and display area shall not take up, or interfere with
access to, any required parking, loading, maneuvering or
pedestrian area.
11
e. Displayed merchandise shall be maintained in a neat and
orderly fashion.
f. The square footage of outdoor display areas shall be included in
calculation of required off- street parking for the use.
e No public address system shall be audible from a non commercial or
non industrial use or district.
f. Outdoor sales shall only be conducted by the owner or lessee of the
premises. r
g. Only merchandise that is normally manufactured „sold, or stored by the
occupant on the premises shall be sold and/or promoted.
10.Outdoor Seating or Dining Areas for Eleven or More Seats.
a. The site and enclosure(s) shall be designed to limit the effects of
outdoor seating or dinning areas on contiguous properties and /or
public rights -of -way.
b. The seating area shall be located on private property along the front,
side or rear of the principal building but shall not be located within a
required setback or contiguous to any residential use or district.
c. The seating area shall not interfere with circulation in any required
parking, loading, maneuvering or pedestrian area. A minimum four (4)
foot passageway shall be maintained along the private sidewalk for
Pedestrians.
The seating area shall be located in a controlled or cordoned area
acceptable to the city with at least one opening to an acceptable
pedestrian walk..
e. Wheh a liquor license is granted, an uninterrupted enclosure is
required and the enclosure shall only have access through the
principal building.
f. The seating area shall not be permitted within 200 feet of any
residential use or district and shall be separated from residential use or
district by the principal structure or other method of screening
acceptable to the city The minimum distance from a residential use or
district may be reduced should the City determine the applicant has
added sufficient elements to reduce the impact of this use.
12
g. No public address system shall be audible from a non commercial or
non industrial use or district.
16. Self- Service Storage Facilities, subject to the following restrictions:
a. All storage shall be maintained in the storage space and there shall be
no outdoor storage of any products, equipment or other material within
the storage facility, provided, however, open storage for licensed,
operable recreation vehicles shall be permitted, provided the amount is
not more than twenty five percent (25 of the area occupied by
buildings.
b. The perimeter of the storage facility shall be entirely enclosed by a
combination of buildings and decorative fencing Chain link, barbed
wire or wood privacy fencing shall not be permitted as decorative
material, except as may otherwise be approved by the City Council.
For the purposes of calculating foundation planting requirements, the
decorative fencing of the perimeter shall be used in lieu of the building
perimeter calculation.
c. All storage space openings shall be oriented internally to the facility
and shall not directly face a public street or adjoining property
d. Green space, planting clusters and berming shall be strategically
designed and located around openings between storage facility
structures.
e. The self- service storage facility shall be required to provide 1 25 times
the required minimum for over -story Tree plantings so as to satisfy the
requirements of d. above, and provided the minimum interval spacing
requirement at the boulevard is satisfied and met. All landscaped
areas shall be required to include the proper installation of an
'underground irrigation system.
f. An accessory caretaker residence may be permitted with a storage
facility; provided it is only used for resident security and management
purposes and the exterior building materials shall match those of the
principal and accessory storage facility structures.
The exterior wall surfaces of all building structures that comprise the
development project shall consist of brick, decorative block, stone,
architectural concrete cast in place or precast concrete panels. The
"interior" wall surfaces where storage spaces are located at or below
the top of the overhead door, and including the storage space doors
and columns between such spaces, may be of metal, which shall
consist of a decorative factory, applied finish.
g
13
h. The hours of operation for the self service storage facility shall be
restricted to between the hours of 6:00 a m. and 11.00 p m
i. Access to the interior of the fenced area shall be available to
emergency responders in a manner to be acceptable to the Fire
Marshal.
j. All internal driveways intended for access to individual storage spaces
shall have minimum widths of 20 feet.
k. No internal driveway may exceed 150 feet without providing sufficient
space to turn vehicles around allowing for a minimum turning radius of
45 feet, or as approved by the Fire Marshal.
I. Common parking space available to all storage units shall be provided
at a rate no less than 1 space per 6,000 sq. f ft. of storage area.`
14
m. The exterior buildings, driveways, open space and landscaping, front,
side and rear yards shall be maintained and repaired or replaced in
conformance with the approved plans by the property owner or
landlord This condition shall be kept that it will not cause a blighting of
the area or a general deterioration of the Self- storage facility
n. If storage units;are to be sold` individually, and no landlord or property
owner is available to assume site management responsibilities, an
Owner's Association shall be required to assume the responsibilities of
overall site management. The Owner's Association shall be governed
by a Declaration of Covenants that shall be approved by the City and
recorded at Dakota County The open space and common areas shall
be maintained and cared for by the developer of the self storage facility
until an Owner's Association is formed to maintain open space and
'common areas. This Owner's Association shall be responsible for the
care and maintenance of all open space and common areas of the
self- storage facility and also for the maintenance and appearance of
the exterior of each unit. The Owners' Association shall levy charges
to each owner for the maintenance cost, operating costs and
improvement costs for the open or green space, and for the common
and privately owned parking and paved areas beyond each storage
unit. In addition, the Owners' Association will assume the
responsibility to maintain the exterior of the buildings) and also in an
acceptable condition which is compatible with adjoining properties.
The Owners' Association will cause blighted individually owned units or
areas within the facility to be repaired, restored and maintained as
necessary to an acceptable standard for the area.
o Failure to organize Owners' Association. In the event that the
developer or owner of the self- storage facility is unable to organize the
property owners into an association for the maintenance of the open
space and individually owned storage units after twelve (12) months
from the completion of the construction, the Council will call for a public
hearing of all persons so concerned and ask for the creation of such an
association. If no association is formed or if the association ceases to
function any time after it is formed, the Council will order such
maintenance work and restoration of the area and then will assess
such costs, together with a reasonable supervision charge, to the
owners in the self- storage facility or the individual owner receiving the
individual benefit.
P.
E. Interim Use s:
The Council may require that the Declaration of Covenants include
provisions to meet the minimum requirements of this section or to
satisfy conditions of City approval, may be enforced by the City, and
may not be amended or released without City Council approval.
11 Transmission Facilities greater than one =fourth (1/4) mile in length.
15
1. Transient Merchant Sales Lots as regulated by City Code chapter 3 -5
and the Zoning Ordinance, provided that:
a. The owner and /or operator of the outdoor sales lot or event shall have
written permission of the property owner of the property on which the
sale or event is located and shall have said written permission
available for inspection if requested.
No portion of the sales lot or any advertising for the event shall take
place within any public right -or -way or intersection sight triangle. A
minimum ten -foot (10') setback, or the minimum parking setback for
the applicable zoning district if it provides for a greater setback, shall
be maintained from all property lines and no portion of the use shall
take place within one hundred feet (100') of any property line of any
residential use or residentially zoned property.
c. Any signage for the outdoor sale lot or event shall comply with the
temporary signage requirements contained in Chapter 10 of the Zoning
Ordinance
d. Any temporary structure, including tents and membrane structures,
associated with the outdoor sales lot or event shall comply with all
applicable building codes and permit requirements.
e. Hours of operation shall be subject to the requirements of chapter 3 -5
of the City Code.
f. Adequate off street parking, with a surface in compliance with section
8 -2 -2 -1 of the City Code, shall be provided for both the principal and
interim use ensuring that no obstruction or interference occurs with
existing traffic patterns.
g. No parking related to the outside sales lot or event shall be permitted
on adjacent parcels without the prior written consent of the adjacent
parcel owner. Said written permission shall be available for inspection
if requested.
h. A detailed site plan showing; the outdoor sales lot area and
dimensions, access and egress to the site, all structures, setbacks,
signage, parking, and any other information requested to approve the
outdoor sales lot shall be submitted for approval with application
materials required for an interim use permit and an outdoor sales lot in
Chapter 3 -5 of the City Code.
i. Outdoor sales lot for consumer fireworks sales shall meet the
specialized requirements laid out in Minnesota Statute, Section 624.20,
City Code Chapter 6-4, and all other applicable Zoning, City Code, Fire
Code, County Ordinance, or State Statutes,.'
j. The period dunng`which the permitted use may continue will be
specified by the City Council, but in no case will be longer than sixty
(60) days.
F. Minimum Lot Requirerrients and Setbacks:
1'. Minimum Lot Area: 1 acre
2. Minimum Lot Width: 120 feet
3. Maximum Lot Coverage: 75%
4. Minimum District Size: 2 acres
5. Minimum Front Yard Setback:
a. Principal Structure.......... 30 feet
b. Accessory Structures: 30 feet
6. Minimum Side Yard Setbacks:
16
a Principal Structures: 10 feet
b. Accessory Structures: 10 feet
7. Minimum Rear Yard Setbacks:
a. Principal Structures: 10 feet
b. Accessory Structures 10 feet
8. Parking Setbacks:
a. Minimum front yard setback: 20 feet
b. Minimum rear yard setback 10 feet
c. Minimum side yard setback'
3�'` 10 feet
d. When there exits an easement for a shared private roadway or drive,
the required setback is ten (10) feet from the easement.
9. Buffer Yard: A thirty (30) foot buffer yard shall be required along any side
or rear property line contiguous to a non commercial or non industrial use
or district. This area shall contain landscaping and berminq to provide a
ninety (90) percent opacity screen to a height of at least six (6) feet and
shall not contain any structures, parking, off street loading or storage
Should landscaping and berminq be impractical, the City may approve
screening walls and /or decorative fencing as an alternative Screening
walls shall be constructed of the same materials as the principal building
and shall not extend more than twenty five (25) feet without a change in
architecture to reduce there mass and appearance.
10. Maximum Building Height.
a. Principal Structure 35 feet
b. Accessory Structure: 25 feet
G. Additional Design Standards
1. Architectural Appearance and Materials: To prevent urban blight and
ensure quality long lasting construction compatible with both adjacent
properties and those throughout the district, all buildings in the C -3 District
shall comply with the following standards, as well as applicable sections of
this ordinance.
17
a. Architectural Appearance: While variation in materials and colors that
support the general theme may be allowed, the overall building shall
have "360 Degree" architecture. Non earth tone materials shall be
limited to architectural accents. The color of the non -brick or stone
portion of the building shall match the predominant brick or stone color
portion.
b. Building Massing: Large uninterrupted building walls or elevations are
prohibited. Corner architectural elements are encouraged to define the
edges of the building A building more than one hundred (100) feet in
width shall be divided into increments of no more than fifty (50) feet
through the articulation of the facade. This can be achieved through
combinations of the following techniques
1. Divisions or breaks in the materials
2. Window bays
3. Separate entrances and entry treatments
4. Variations in roof lines
5. Building setbacks
6. Equivalent techniques approved by the City
C. Permitted Materials The exterior wall surfaces of all buildings shall be
constructed of at least fifty percent (50 brick or natural stone. The
remaining fifty percent (50 of the wall surface may be specialty
integral colored concrete block (including textured, burnished, and rock
faced block), tile (masonry, stone or- clay), architectural textured
concrete panels cast in place, or better. EIFS or masonry stucco may
be used for the sign band areas and /or architectural accents totaling
rno more than ten (10) percent of the non -brick or stone portion of the
building. Unadorned concrete is prohibited.
18
2. Pedestrian Circulation:
a. Clear and well± lighted walkways shall connect building entrances to
adjacent public sidewalks and to any parking facilities located on the
site.
b. Appropriate provisions shall be made to protect pedestrian areas from
encroachments by parked or moving vehicles. At a minimum, a five (5)
foot private sidewalk shall extend along the portion of the principal
building that abuts a required parking, loading or maneuvering area.
c. Concrete sidewalks, five (5) feet in width, shall be provided on all
commercial property along any collector or arterial street.
d. A continuous and permanent concrete curb not less than six (6) inches
above grade shall separate internal sidewalks from parking, loading,
stacking and maneuvering areas.
3. Lighting:
a. Lighting shall be consistent in character throughout the entire property
site, in both design and bulb type.
b. Any light fixture must be placed in such a manner that no light emitting
surface is visible from any residential area or public /private roadway,
walkway, trail or other public way when viewed at ground level.
c. Light shall be directed toward the ground: Externally it signs, display,
building and aesthetic lighting must be lit from the top and shine
downward. Lighting must be shielded to prevent direct glare
d. The level of lighting shall not exceed 0.5 lumens at any residential
property line or 1.0 lumen at any non residential property line.
e. The maximum height for exterior lighting is thirty (30) feet. The
maximum height for exterior lighting within 100 feet of a residential use
or district shall be 20 feet.
f. All non essential lighting will be required t� be turned off after business
hours, leaving only the necessary lighting for site security.
4. Parking Lots: To reduce the impact of large expanses of paved surfaces,
provide a more pedestrian friendly environment and provide adequate
room for snow storage, all parking areas (including driveways and drive
aisles) shall be screened and landscaped. Trees, shrubs, flowers and
ma ground cover needed in these areas shall be in addition to the minimum
number of trees and foundation plantings required by this ordinance.
a. Screening. Landscaping and berming shall be a primary source for
screening parking areas. Should landscaping and berming be
impractical, the City may approve screening walls and /or decorative
fencing as an alternative. Screening walls shall be constructed of the
same materials as the principal building and shall not extend more
than twenty five (25) feet without a change in architecture to reduce its
mass and appearance The screening source (landscaping and
berming or walls and /or decorative fencing) shall provide a minimum
50 percent opacity screen to a height of at least four (4) feet.
19
b. Landscaping* A minimum of ten (10) percent of the parking area shall
be landscaped. This landscaping shall be located on islands,
peninsulas or the like within the perimeter of the parking area.
1. The islands or peninsulas shall be a minimum eight and one -half
(8.5) feet wide and extend the length of the adjacent parking
stall(s) These dimensions may be altered to provide sufficient area
for the proposed landscaping to mature.
2. To ensure this landscaping is properly dispersed, a minimum of one
island, peninsulas or the like shall be located within each 6,000
square feet of vehicular use area.
3. A minimum of one tree shall be required for each 250 square feet or
fraction thereof, of required landscape area. Deciduous trees shall
have a clear trunk of at least five feet above the ground and a
caliper of at least two and one -half (2.5) inches Coniferous trees
shall be at least four (4) in height. The remaining area shall be
landscaped with shrubs or ground cover (not to include rocks or
gravel except as a mulch around shrubs and ground cover) not to
exceed two feet in height.
20
5. Landscaping: All areas of land other than those occupied by building
or hardcover shall be landscaped with a combination of sod and
plantings. Rock or mulch may, only be used as an accent material
around sod or plantings. Trees, shrubs, flowers and ground cover
needed in these areas shall be ih addition to the minimum number of
trees and foundation plantings required by this ordinance. All
landscaped areas shall be irrigated. Portions of the site may be
.`'exempt from these requirements where future development or
expansion is planned. These areas shall either be graded and seeded
with prairie grass in accordance with the City of Rosemount Grading
Requirements or remain as undisturbed natural areas containing
existing viable natural vegetation that can be maintained free of foreign
and noxious plant material and will not produce soil erosion due to
potential increases in storm water runoff.
CITY OF ROSEMOUNT
STATE OF MINNESOTA
ORDINANCE B -158
AN ORDINANCE AMENDING THE ZONING REGULATIONS
PERTAINING TO THE C -4 GENERAL COMMERCIAL DISTRICT
THE COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS:
Section 1. Section 6.14 of the Rosemount Zoning Ordinance is amended as follows:
6.14 C -4 GENERAL COMMERCIAL DISTRICT
A. Purpose and Intent: The purpose of the General Commercial District is to provide a wide
range of goods and services to the entire community. Due to their proximity to major arterial
streets, businesses in this District are dependent on large volumes of traffic, thus need to be
highly visible and accessible. It is the intent of this District to promote development that
maximizes the full development potential in this area. Zoning standards are intended to
promote compatibility in form, function and style.
B. Permitted Uses: The following uses are permitted uses in the C -4 District.
restrictions:
eanopy shall be consistent the principal building in design and character.
from the car wash to run into the parking areas, a public street or accesses thereto.
areas.
f rom adjacent land, or the public right of way.
and shall be subject to the approval of the City.
g. Parking of vehicles on public right of way shall be prohibited.
art, computer services, mailing, photocopying, photography, and public relations or
similar busincsocs.
1
4. Child and Adult Day Care.
5. Communications Businesses.
6. Convenience Stores.
7. Eating and Drinking Establishments.
9. Essential Service Facilities.
10. Financial Institutions without Drive Thru Facilities.
11. General Repair Services, including appliance repair, furniture re- upholstery and repair,
jewelry, clock, watch, radio, small electronics, small engine and television repair
occurring within an enclosed building.
12. Hotels and Motels.
13. Indoor Amusement and Recreation Services, including video arcades subject to the
following restrictions:
a. Any arcade with fifteen (15) or more machines shall have an adult supervisor on
duty during all hours of operation.
b. No arcade shall be operated within five hundred (500) feet of a school, church, or
residence unless it is an integral part of a shopping center and does not have an
entrance except from within the shopping center.
16. Membership Organizations.
17. Personal Services, including barber beauty shops, fitness centers, funeral services
mortuaries, facilities, laundry services, shoe repair and photography, video rental.
18. Professional Services and Offices, including architects and attorney offices, dental and
medical clinics, financial services, insurance providers, and real estate businesses and the
like.
19. Public or Governmental Services.
20. Public Parking Lots and Transit Stations.
21. Public Parks, owned and operated by a government unit, including recreational facilities
and structures consistent with the public area.
2
22. Retail Sales, including automobile parts, books and stationery, clothing, drug, gifts and
novelties, groceries, furniture and hardware, hobby, video sales, jewelry, and sporting
goods stores or other general commercial retail establishments. All retail sales shall be
conducted in a closed building.
23. Automobile sales, new and used, are prohibited.
24. Theaters, excluding drive -in theaters.
25. Veterinary Services, not including outdoor runs or kennels.
C. Accessory Uses: The following uses shall be permitted accessory uses.
2. Casoline Sales, accessory to Convenience Stores.
3, Outdoor Display /Sales and Storage
restrictions the conditions in 16.4.D.1 Outdoor display /storage or sales of goods shall be
allowed on the private sidewalk immediately in front of the principal building, provided
that a minimum four (4) foot clearance is maintained for pedestrian access and that the
displav does not exceed four (4) feet in height and is maintained in an orderly fashion
The outdoor display /storage or sales shall not block the handicap accessible route.
a. No public address system shall be audible from a non commercial or non industrial
use or district.
b. Outdoor display /storage or sales shall only be conducted by the owner or lessee of the
premises.
c. Only merchandise that is normally manufactured, sold, or stored by the occupant on
the premises shall be sold and /or promoted.
a. Merchandise must consist only of finished products.
b. Outdoor sales shall be conducted by the owner or lessee of thc premises or with thc
written con „ent of the owner or le.,cee.
arc customarily sold unac embled and are intended for customer purchase and
assembly.
d. Only merchandise that is normally manufactured, sold, or storcd by the occupant on
the premises shall be sold and'or promoted.
principal use and must bo fonced of screened from view of abutting residential
districts.
ducted within -a required yard previded the ar a is paved -and
3
4. Outdoor Seating or Dining Areas for ten or fewer seats, accessory to permitted or
conditional uses, subject to:
a. The site shall be designed to limit the effects of this outdoor seatinc or dinning areas
on adjacent properties.
b. The outdoor seating or dinning area shall be located on private property along the
front, side or rear of the principal building but shall not be located within a required
setback or contiguous to anv residential use or district
c. The outdoor seating or dinning area shall not interfere with circulation in any required
parking, loading. maneuvering or pedestrian area. A minimum four (4) foot
passageway shall be maintained alone the private sidewalk for pedestrians.
d. Patrons shall not be served food or beverages outside, except that employees may
refill beverage containers in the seating area. At no time shall the seating area be
used for the consumption of alcoholic beverages.
e. The outdoor seating or dinning area shall be equipped with refuse containers. The
business owner shall ensure that the area is properly maintained and litter -free.
f. No public address system shall be audible from a non commercial or non industrial
use or district.
5. Satellite Dishes and Solar Collectors.
D. Conditional Uses: The following uses are conditional uses in the C -4 District, and are
subject to the conditional use permit provisions outlined in this ordinance.
3. Drive through facilities for restaurants, banks, and other similar uses.
a. The site and building(s) shall be designed to limit the effects of the drive through on
adiacent properties and pubic rights -of -way. No use with a drive through window
shall be located contiguous to any residential use or district.
b. Drive through facilities shall have a minimum six (6) stacking spaces per drive
through window. Fast food uses operating more than one window per individual
drive aisle shall meet the stacking requirements for a single drive through facility.
Each space shall be a minimum of nine (9) feet wide by eighteen (18) feet long.
c. Screening. The principal building shall be the primary source for screening the drive
through facility and stacking and existing areas from adjacent properties and /or
4
4.
d. Stacking lanes, order board intercom, and service window shall be designed and
located to minimize noises, emissions. and headlight glare upon adjacent properties
and public rights -of -way.
e. Stacking lanes shall not interfere with circulation through any required parking,
loading, maneuvering or pedestrian area.
f. No public address system shall be audible from a non commercial or non industrial
use or district.
g.
rights -of -way. Landscaping and berming shall be a secondary source for screening
drive -thru and stacking and existing areas. Should landscaping and berming be
impractical. the City may approve screening walls and /or decorative fencing as an
alternative Screening walls shall be constructed of the same materials as the
principal building and shall not extend more than twenty five (25) feet without a
change in architecture to reduce there mass and appearance. Stacking areas shall
have a minimum 90 percent opacity screen to a height of six (6) feet while exiting
areas shall have a minimum 50 percent opacity screen to a height of at least four (4)
feet.
Menu Signs: In addition to the freestanding sign allowed by the Sign Ordinance, fast
food uses may display menu signs related to drive through facilities. provided that:
1. Not more than two (2) menu signs are allowed.
2. Individual menu signs shall be single sided with an area not to exceed twelve (12)
square feet.
3. The height of the menu sign(s) shall not exceed six feet (6') including its base or
pole measured from grade to the top of the structure.
4. The menu sign(s) shall not encroach into anv principal building setback and shall
be located directly adjacent to the drive- through aisle and oriented in such a
manner so that the sign provides information to the drive through patrons only
and does not provide supplemental advertising to pass by traffic and does not
impair site visibility or obstruct circulation.
conditional in the C 1 District.
5. Outdoor Seating or Dining Areas for Eleven or More Seats.
a. The site and enclosure(s) shall be designed to limit the effects of outdoor seating or
dinning areas on contiguous properties and/or public rights -of -way.
b. The seating area shall be located on private property alonLthe front, side or rear of
the principal building but shall not be located within a required setback or contiguous
to any residential use or district.
5
c. The seating area shall not interfere with circulation in any required parking. loading,
maneuvering or pedestrian area A minimum four (4) foot passageway shall be
maintained along the private sidewalk for Pedestrians.
d. The seating area shall be located in a controlled or cordoned area acceptable to the
city with at least one o.enin• to an acceptable .edestrian walk.
g.
e. When a liquor license is granted. an uninterrupted enclosure is required and the
enclosure shall only have access through the principal building.
f. The seating area shall not be permitted within 200 feet of any residential use or
district and shall be separated from residential use or district by the principal structure
or other method of screemna acceptable to the city The minimum distance from a
residential use or district may be reduced should the City determine the applicant has
added sufficient elements to reduce the impact of this use.
No public address system shall be audible from a non commercial or non industrial
use or district.
6. Transmission Facilities greater than one fourth (1/4) mile in length.
E. Interim Uses.
1. Those interim uses listed in the C -3, Highway Commercial District.
F. Minimum Lot Requirements and Setbacks:
J. Minimum Lot Area: 20,000 sq.ft.
2. Minimum Lot Width: 120 feet
3. Maximum Lot Coverage- 75%
4 Minimum District Size: 1 acre
5. Minimum Front Yard Setback:
a. Principal Structure 30 feet
b. Accessory Structures: 30 feet
6. Minimum Side Yard Setbacks:
a. Principal Structures: 10 feet
b. Accessory Structures: 10 feet
7. Minimum Rear Yard Setbacks:
a. Principal Structures: 10 feet
b. Accessory Structures: 10 feet
8. Parking Setbacks:
a. Minimum front yard setback: 20 feet
b. Minimum rear yard setback: 10 feet
c. Minimum side yard setback: 10feet
a. When there exists an easement for a shared private roadway or drive, the required
setback is ten (10) feet from the easement.
9: Buffer Yard:
be required. This strip shall contain no structures, shall not be used for parking, off street
grass, and planting of trees and shrubbery. A screen wall, fence, arthen berm or
retaining wall not less than fifty ninety percent (50°)C) (90 opaque, nor less than three
(3) feet in height shall be erected to provide sufficient screening of the commercial
iii;
A thirty (30) foot buffer yard shall be required along any side or rear property line
contiguous to a non commercial or non industrial use or district. This area shall contain
landscaping and berming to provide a ninety (90) percent opacity screen to a height of at
least six (6) feet and shall not contain any structures.parking. off street loading or
storage. Should landscaping and berming be impractical, the City may approve screening
walls and/or decorative fencing as an alternative. Screening walls shall be constructed of
the same materials as the principal building and shall not extend more than twenty five
(25) feet without a change in architecture to reduce there mass and appearance.
10. Maximum Building Height:
a. Principal Structure 35 feet
b. Accessory Structure: 25 feet
G. Additional Regulations Requirements
Buildings:
a. The exterior wall surfaces of all buildings within the C 1 General Commercial
District shall be c nstructed of at 1Qast fifty percent (50%) brick. The remaining fifty
percent (50 of the wall surface may be natural stone or rock or an equivalent or
better. Prohibited materials for exterior wall finishes are rock face block, masonry
concrete, metal and w od, and tip up concrete panels. Non earth tone brick shall Le
limited to architectural accents.
1. Architectural Appearance and Materials. To prevent urban blight and ensure quality
long lasting construction compatible with both adjacent properties and those throughout
7
the district, all buildings in the C -3 District shall comply with the following standards as
well as applicable sections of this ordinance.
a. Architectural Appearance While variation in materials and colors that support the
general theme may be allowed. the overall building shall have "360 Degree"
architecture. Non earth tone materials shall be limited to architectural accents. The
color of the non -brick or stone portion of the building shall match the predominant
brick or stone color portion.
b. Building Massing Large uninterrupted building walls or elevations are prohibited.
Comer architectural elements are encouraged to define the edges of the building. A
building more than one hundred (100) feet in width shall be divided into increments
of no more than fifty (50) feet through the articulation of the facade. This can be
achieved through combinations of the following techniques:
1. Divisions or breaks in the materials
2. Window bays
3. Separate entrances and entry treatments
4. Variations in roof lines
5. Building setbacks
6. Equivalent techniques approved by the City
c. Permitted Materials: The exterior wall surfaces of' all buildings shall be constructed of
at least fifty percent (50 brick or natural stone The remaining fifty percent (50
of the wall surface may be specialty integral colored concrete block (including
textured, burnished, and rock faced block), tile (masonry, stone or clay), architectural
textured concrete panels cast in place, or better EIFS or masonry stucco may be used
for the sign band areas and /or architectural accents totaling no more than ten (10)
percent of the non -brick or stone portion of the building. Unadorned concrete is
prohibited.
Pedestrian Circulation:
a. Clear and well- lighted walkways shall connect building entrances to adjacent public
sidewalks and to any parking facilities located on the site.
b. Appropriate provisions shall be made to protect pedestrian areas from encroachments
by parked or moving vehicles. At a minimum. a sidewalk at least five (5) feet wide
shall extend along the portion of the principal building that abuts a required parking,
loading or maneuvering area.
c. Concrete sidewalks, five (5) feet in width. shall be provided on all commercial
property along any collector or arterial street.
d. A continuous and permanent concrete curb not less than six (6) inches above grade
shall separate intemal sidewalks from parking, loading, stacking and maneuvering
areas.
Lighting:
8
a. Lighting shall be consistent in character throughout the entire property site, in both
design and bulb type.
b. Any light fixture must be placed in such a manner that no light emitting surface is
visible from any residential area or public /private roadway, walkway, trail or other
public way when viewed at ground level.
a. Light shall be directed toward the ground. Externally
lit signs, display, building and aesthetic lighting must be lit from the top and shine
downward. Lighting must be shielded to prevent direct glare.
c. The level of lighting shall not exceed 0 5 lumens at any residential property line or
1.0 lumen at any non residential property line.
d. The maximum height for exterior lighting is thirty (30) feet. The maximum height
for exterior lighting within 100 feet of a residential use or district shall be 20 feet.
e. All non essential lighting will be required to be turned off after business hours,
leaving only the necessary lighting for site security.
2. Parking Lots: To reduce the impact of large expanses of paved surfaces, provide a more
pedestrian friendly environment and provide adequate room for snow storage, all parking
areas (including driveways and drive aisles) shall be screened and landscaped Trees,
shrubs, flowers and ground cover needed in these areas shall be in addition to the
minimum number of trees and foundation plantings required by this ordinance.
a. Screening. Landscaping and berming shall be a primary source for screening parking
areas Should landscaping and berming be impractical, the City may approve
screening walls and /or decorative fencing as an altemative. Screening walls shall be
constructed of the same materials as the principal building and shall not extend more
than twenty five (25) feet without a change in architecture to reduce its mass and
appearance. The screening source (landscaping and berming or walls and /or
decorative fencing) shall provide a minimum 50 percent opacity screen to a height of
at least four (4) feet.
b. Landscaping: A minimum of ten (10) percent of the parking area shall be landscaped.
This landscaping shall be located on islands, peninsulas or the like within the
perimeter of the parking area.
1. The islands or peninsulas shall be a minimum eight and one -half (8.5) feet wide
and extend the length of the adjacent parking stall(s). These dimensions may be
altered to provide sufficient area for the proposed landscaping to mature.
2. To ensure this landscaping is properly dispersed a minimum of one island,
peninsulas or the like shall be located within each 6,000 square feet of vehicular
use area.
3. A minimum of one tree shall be required for each 250 square feet or fraction
thereof. of required landscape area. Deciduous trees shall have a clear trunk of at
least five feet above theground and a caliper of at least two and one -half (2 5)
inches. Coniferous trees shall be at least four (4) in height. The remaining area
9
Section Two: This Ordinance shall be effective the day following its publication.
5. Landscaping: All areas of land other than those occupied by building or hardcover
shall be landscaped with a combination of sod and plantings. Rock or mulch may
only be used as an accent material around sod or plantings Trees. shrubs. flowers
and ground cover needed in these areas shall be in addition to the minimum number
of trees and foundation plantings required by this ordinance. All landscaped areas
shall be irrigated. Portions of the site may be exempt from these requirements where
future development or expansion is planned These areas shall either be graded and
seeded with prairie grass in accordance with the City of Rosemount Gradin°
Requirements or remain as undisturbed natural areas containing existing viable
natural vegetation that can be maintained free of foreign and noxious plant material
and will not produce soil erosion due to potential increases in storm water runoff.
Adopted this day of 2005.
ATTEST:
Linda Jentink, City Clerk
Published this day of
shall be landscaped with shrubs or ground cover (not to include rocks or gravel
except as a mulch around shrubs and ground cover) not to exceed two feet in
height.
2005 in the Rosemount Town Pages.
10
William Droste, Mayor
6.14 C -4 GENERAL COMMERCIAL DISTRICT
A. Purpose and Intent: The purpose of the General Commercial District is to
provide a wide range of goods and services to the entire community Due to
their proximity to major arterial streets, businesses in this District are
dependent on large volumes of traffic, thus need to be highly visible and
accessible. It is the intent of this District to promote development that
maximizes the full development potential in this area. Zoning standards are
intended to promote compatibility in form, function and style.
B. Permitted Uses: The following uses are permitted uses in the C-4 District.
1 Child and Adult Day Care.
2. Communications Businesses.
3. Eating and Drinking Establishmen
4. Essential Service Facilities.
5. Financial Institutions without Drive Thru Facilities.
6. General Repair Services, including appliance repair, furniture re-
upholstery and repair, jewelry, clock, watch, radio, small electronics, small
engine and television repair occurring within enclosed building.
'.11; t a
7. Hotels and Motels.
8. Indoor Amusement and"Recreafi n Services, including video arcades
subject to the following restrictions
Any arcade with fifteen (15) or more machines shall have an adult
supervisor on duty during all hours of operation.
No' ,arcade 'shall be operated within five hundred (500) feet of a
school, church, or residence unless it is an integral part of a
shopping center and does not have an entrance except from within
the shopping center.
b.
9. Membership Organizations.
1
10. Personal Services, including barber beauty shops, fitness centers,
funeral services mortuaries, facilities, laundry services, shoe repair and
photography, video rental.
11 Professional Services and Offices, including architects and attorney
offices, dental and medical clinics, financial services, insurance providers,
real estate businesses and the like.
12 Public or Governmental Services.
13. Public Parking Lots and Transit Stations.
14. Public Parks, owned and operated by a government unit, including
recreational facilities and structures consistent with the public area.
15.Retail Sales, including automobile parts, books and stationery, clothing,
drug, gifts and novelties, groceries, furniture and hardware, hobby, video
sales, jewelry, and sporting goods stores or other genera_ l commercial
retail establishments. All retail sales shall be conducted in a closed
building.
16.Automobile sales, new and used, are prohibite
17. Theaters, excluding drive -in theaters.
2
18.Veterinary Services, not including outdoor runs &kennels.
C. Accessory Uses: The following uses shall be permitted accessory uses.
1. Outdoor Display /Sales and Storage: Outdoor display /storage or sales
of goods shall be allowed on the private sidewalk immediately in front of
the principal building, provided that a minimum four (4) foot clearance is
maintained for pedestrian access and that the display does not exceed
four (4) feet in height and is maintained in an orderly fashion. The outdoor
,.display/storage or sales shall not block the handicap accessible route.
a. No public address system shall be audible from a non commercial or
non industrial use or district.
b. Outdoor display /storage or sales shall only be conducted by the owner
or lessee of the premises.
c. Only merchandise that is normally manufactured, sold, or stored by the
occupant on the premises shall be sold and /or promoted.
4. Outdoor Seating or Dining Areas for ten or fewer seats, accessory to
permitted or conditional uses, subject to:
a The site shall be designed to limit the effects of this outdoor seating or
dinning areas on adjacent properties
b. The outdoor seating or dinning area shall be located on private
property along the front, side or rear of the principal building but shall
not be located within a required setback or contiguous to any
residential use or district
c. The outdoor seating or dinning area shall not interfere with circulation
in any required parking, loading, maneuvering or pedestrian area. A
minimum four (4) foot passageway shall be maintained along the
private sidewalk for pedestrians.
d. Patrons shall not be served food or beverages o
utside, except that
employees may refill beverage containers in the seating area. At no
time shall the seating area be used for the consumption of alcoholic
beverages
e. The outdoor seating or dinning area shall be equipped wit ?refuse
containers The business owner shall ensure that the area is properly
maintained and litter -free.
f. No public address system shall be audible ffbm a non commercial or
non industrial use or district.
5. Satellite Dishes and Solar Collectors.
D. Conditional Uses: The following
and are subject to,the conditional
ordinance.
1. Drive- through facilities for
uses.
uses are conditional uses in the C-4 District,
use permit provisions outlined in this
restaurants, banks, and other similar
The site and building(s) shall be designed to limit the effects of the
drive through on adjacent properties and pubic rights -of -way No use
with a drive- through window shall be located contiguous to any
residential use or district.
b. Drive through facilities shall have a minimum six (6) stacking
spaces per drive through window Fast food uses operating more than
one window per individual drive aisle shall meet the stacking
requirements for a single drive- through facility. Each space shall be a
minimum of nine (9) feet wide by eighteen (18) feet long.
c. Screening The principal building shall be the primary source for
screening the drive through facility and stacking and existing areas
from adjacent properties and /or rights -of -way Landscaping and
3
g.
berming shall be a secondary source for screening drive -thru and
stacking and existing areas. Should landscaping and berming be
impractical, the City may approve screening walls and /or decorative
fencing as an alternative. Screening walls shall be constructed of the
same materials as the principal building and shall not extend more
than twenty five (25) feet without a change in architecture to reduce
there mass and appearance Stacking areas shall have a minimum 90
percent opacity screen to a height of six (6) feet while exiting areas
shall have a minimum 50 percent opacity screen to a height of at least
four (4) feet.
d. Stacking lanes, order board intercom, andiervice window shall be
designed and located to minimize noises, emissions, and headlight
glare upon adjacent properties and public rights -of -way.
e Stacking lanes shall not interfere with circulation through any
required parking, loading, maneuvering or pedestrian area.
f. No public address system shall be audible from a non commercial
or non industrial use or district.
Menu Signs: In addition tothe freestanding sign allowed by the
Sign Ordinance, fast food uses may display menu signs related to
drive- through facilities, provided that:
i. ;Not more than two (2) menu signs are allowed.
ii. Individual menu signs shall be single sided with an area not
to exceed twelve (12) square feet.
ii. `The height of the menu sign(s) shall not exceed six feet (6')
including its base Of pole measured from grade to the top of the
structure
iv. The menu sign(s) shall not encroach into any principal
building setback and shall be located directly adjacent to the drive
through aisle and oriented in such a manner so that the sign
provides information to the drive through patrons only and does not
provide supplemental advertising to pass by traffic and does not
impair site visibility or obstruct circulation.
2. Outdoor Seating or Dining Areas for Eleven or More Seats.
a. The site and enclosure(s) shall be designed to limit the effects of
outdoor seating or dinning areas on contiguous properties and /or
public rights -of -way
4
b The seating area shall be located on private property along the
front, side or rear of the principal building but shall not be located
within a required setback or contiguous to any residential use or
district.
c. The seating area shall not interfere with circulation in any required
parking, loading, maneuvering or pedestrian area. A minimum four (4)
foot passageway shall be maintained along the private sidewalk for
Pedestrians.
d. The seating area shall be located in a controlled or cordoned area
acceptable to the city with at least one opening to an acceptable
pedestrian walk.
e. When a liquor license is granted;' an uninterrupted enclosure is
required and the enclosure shall only have access through, the
principal building.
f. The seating area shall not be permitted within 200 feet of any
residential use or district and shall be separated from residential use or
district by the principal structure or other method of screening
acceptable to the city. The minimum distance from a residential use or
district may be reduced should the City determine the applicant has
added sufficient elements to reduce the impact of this use.
i Eh4
g. No �ubfip address system sballabe audible from a non commercial
r.
or non industrial use or district.
3. Transmission Facilities greater than one -fourth (1/4) mile in length
5r
E. Interim Uses.
1. Those interim uses listed in the C -3, Highway Commercial District.
F. Minimum Lot Requirements and Setbacks:
1. Minimum Lot Area: 20,000 sq.ft.
2. Minimum Lot Width: 120 feet
3. Maximum Lot Coverage: 75%
4. Minimum District Size: 1 acre
5. Minimum Front Yard Setback:
5
a. Principal Structure 30 feet
b. Accessory Structures: 30 feet
6. Minimum Side Yard Setbacks:
a. Principal Structures: 10 feet
b. Accessory Structures: 10 feet
7. Minimum Rear Yard Setbacks:
a. Principal Structures:
b. Accessory Structures: .........10 feet
8. Parking Setbacks:
a. Minimum front yard setback:
t, F�
b. Minimum rear yard setbac 10 feet
c. Minimum side yard setback:...
4t
10 feet
20 feet
10feet
a. When there exists easement for a shared private roadway or drive,
the required setback is ten (10) feet from the easement.
9. Buffer Yard: A thirty (30) foot buffer yard shall be required along any side
or rear property line contiguous to a non commercial or non industrial use
or district This area shall contain landscaping and berming to provide a
ninety (90) percent opacity screen to a height of at least six (6) feet and
shall not contain any structures, parking, off street loading or storage
Should landscaping and berming be impractical, the City may approve
screening walls and /or decorative fencing as an alternative Screening
walls shall be constructed of the same materials as the principal building
and shall not extend more than twenty five (25) feet without a change in
architecture to reduce there mass and appearance.
10. Maximum Building Height:
a. Principal Structure ...35 feet
b. Accessory Structure: 25 feet
G. Additional Regulations Requirements
6
1. Buildings:
i. Architectural Appearance and Materials: To prevent
urban blight and ensure quality long lasting construction
compatible with both adjacent properties and those
throughout the district, all buildings in the C -3 District shall
comply with the following standards, as well as applicable
sections of this ordinance.
a. Architectural Appearance While variation in materials and colors that
support the general theme may be allowed, the overall building shall
have "360 Degree" architecture Non earth tone materials shall be
limited to architectural accents. The color of the non -brick or stone
portion of the building shall match the predominant brick or stone color
portion.
b. Building Massing. Large uninterrupted building walls or elevations are
prohibited. Corner architectural elements are encouraged to define the
edges of the building. A building more than one hundred (100) feet in
width shall be divided into increments of no more than fifty (50) feet
through the articulation of the facade This can. be achieved through
combinations of the following techniques
1. Divisions &breaks in theinatenals
2. Winddw bays .L
3. Separate entrances and entry treatments
4. Variations in roof lines
5. Building setbacks
Equivalent techniques approved by the City
Permitted Materials: The exterior wall surfaces of all buildings shall be
constructed of at least fifty percent (50 brick or natural stone. The
remaining fifty percent (50 of the wall surface may be specialty
integral_ colored concrete block (including textured, burnished, and rock
faced block), tile (masonry, stone or clay), architectural textured
concrete panels cast in place, or better. EIFS or masonry stucco may
be used for the sign band areas and /or architectural accents totaling
no more than ten (10) percent of the non -brick or stone portion of the
building. Unadorned concrete is prohibited.
2 Pedestrian Circulation:
a. Clear and well lighted walkways shall connect building entrances to
adjacent public sidewalks and to any parking facilities located on the
site.
7
b. Appropriate provisions shall be made to protect pedestrian areas from
encroachments by parked or moving vehicles. At a minimum, a
sidewalk at least five (5) feet wide shall extend along the portion of the
principal building that abuts a required parking, loading or maneuvering
area.
c. Concrete sidewalks, five (5) feet in width, shall be provided on all
commercial property along any collector or arterial street
d A continuous and permanent concrete curb not less than six (6) inches
above grade shall separate internal sidewalks from parking, loading,
stacking and maneuvering areas.
3. Lighting:
a. Lighting shall be consistent in character throughout the entire property
site, in both design and bulb type
b. Any light fixture must be placed in such a manner that no light emitting
surface is visible from any residential area or public /private roadway,
walkway, trail or other public way when viewed at ground level.
a. Light shall be directed toward the ground:, Externally lit signs, display,
building and aesthetic lighting must be lit from the top and shine
downward. Lighting must be shielded to prevent direct glare.
c. The level of lighting shall not exceed 0.5 lumens at any residential
property line or 1 0 lumen arany non residential property line
The maximum height for exterior lighting is thirty (30) feet. The
maximum height for exterior lighting within 100 feet of a residential use
or district shall be 20 feet.
e. All non essential lighting will be required to be turned off after business
hours, leaving only the necessary lighting for site security.
ii: Parking Lots: To reduce the impact of large expanses of
paved surfaces, provide a more pedestrian friendly
environment and provide adequate room for snow storage,
all parking areas (including driveways and drive aisles) shall
be screened and landscaped. Trees, shrubs, flowers and
ground cover needed in these areas shall be in addition to
the minimum number of trees and foundation plantings
required by this ordinance.
8
1.
Screening. Landscaping and berming shall be a
primary source for screening parking areas. Should landscaping and
berming be impractical, the City may approve screening walls and /or
decorative fencing as an alternative. Screening walls shall be
constructed of the same materials as the principal building and shall
not extend more than twenty five (25) feet without a change in
architecture to reduce its mass and appearance. The screening
source (landscaping and berming or walls and /or decorative fencing)
shall provide a minimum 50 percent opacity screen to a height of at
least four (4) feet.
2. Landscaping: A minimum of ten (10) percent of the
parking area shall be landscaped. This landscaping shall be located
on islands, peninsulas or the like within the perimeter, of the parking
area
1. The islands or peninsulas shalt be a minimum eight and -half
(8.5) feet wide and extend the length of the adjacent parking
stall(s) These dimensions may be altered to provide sufficient area
for the proposed landscaping to mature._
2. To ensure this landscaping rs properly dispersed, a minimum of one
island, peninsulas or the like shall be located within each 6,000
square feet of vehicular use areas 4�
3. A minimum of one tree shall be required for each 250 square feet or
fraction thereof,of required landscape area Deciduous trees shall
have a clear trunk of at least five feet above the ground and a
,caliper of at least two and one -half (2.5) inches. Coniferous trees
shall be at least four (4) in height. The remaining area shall be
landscaped with shrubs or ground cover (not to include rocks or
gravel except as a mulch around shrubs and ground cover) not to
exceed two feet in height.
5. Landscaping; All areas of land other than those occupied by building
or hardcover shall be landscaped with a combination of sod and
plantings. Rock or mulch may only be used as an accent material
around sod or plantings. Trees, shrubs, flowers and ground cover
needed in these areas shall be in addition to the minimum number of
trees and foundation plantings required by this ordinance. All
landscaped areas shall be irrigated Portions of the site may be
exempt from these requirements where future development or
expansion is planned. These areas shall either be graded and seeded
with prairie grass in accordance with the City of Rosemount Grading
Requirements or remain as undisturbed natural areas containing
existing viable natural vegetation that can be maintained free of foreign
9
and noxious plant material and will not produce soil erosion due to
potential increases in storm water runoff.
1 0
4
Excerpt of Minutes from the Planning Commission Work Session of July 12, 2005
Discussion:
1A. Case 05 -25 -TA C3 and C4 Zoning Text Amendments.
Assistant City Planner Lindahl reviewed the staff report and summarized the changes proposed
by the Planning Commission to Section 6 of the Zoning Ordinance related to uses and
performance standards for the C -3 Highway Service Commercial and C -4, General Commercial
Zoning Districts.
The Planning Commission primarily reviewed the changes in the C -3 Distnct Mr Lindahl
explained difference between adjacent and contiguous property according to the City Attorney.
Mr Lindahl reviewed the changes to the outdoor display standards He informed the
Commission that minor outdoor display will be added to the C4 District
The Planning Commission also discussed the Minimum Lot Requirements in the C 3 District
and considered making the minunum lot size in the C -4 District 1 acre Discussion continued
regarding the Additional Design Standards in the C -3 District Chairperson Messner wanted
staff to clarify the difference between of natural stone and brick and stated he is looking for
good architectural finishes
Excerpt from the Regular Planning Commission Meeting of July 26, 2005
Public Hearing:
5A. Case 05 -25 -TA C3 and C4 Zoning Text Amendments.
Assistant Planner Lindahl reviewed the staff report. Mr. Lindahl indicated the amendments
reflect the discussions of the June 28, 2005 and July 12, 2005 Work Sessions as well as the
City Attorney's comments.
Chairperson Messner asked the Commission if they had any questions for Mr. Pearson. A
brief discussion was held regarding the building materials and architectural changes added to
the C -3 and C -4 Distracts.
Commissioner Messner opened the Public Hearing There was no public comment.
MOTION by Messner to close the Public Hearing Second by Zurn. Ayes: All.
Nayes: None. Motion approved.
There was no follow -up discussion.
MOTION by Zum to recommend that the City Council approve the amended C -3,
Highway Commercial District and C -4, General Commercial Distract performance
standards Second by Powell. Ayes All. Nayes: None Motion approved.
Mr. Lmdahl indicated this item will be on the August 16 City Council agenda.
Excerpt of Minutes from the Planning Commission Work Session of June 28, 2005
Discussion:
1A. Case 05 -25 -TA C3 and C4 Zoning Text Amendments.
Assistant City Planner Lindahl reviewed the staff report and highlighted the changes
proposed by staff co Secnon 6 of the Zoning Ordinance related to uses and performance
standards for the C -3 Highway Service Commercial and C -4, General Commercial Zoning
Districts.
There was discussion regarding Automotive Repair and the amount of damaged or
unlicensed vehicles awaiting repair and cars that never leave Mr. Lindahl noted they are
setting forth more ngorous standards compared to what the current standards are and that
Section 4 9 eliminates the storage of junk vehicles The language suggested still allows
reputable automobile services Mr Lindahl noted he would check with the City Attorney
regarding the distinction of damaged, junk or unlicensed vehicles vs inoperable vehicles
waiting repair or repaired vehicles awaiting pick up.
Chairperson Messner questioned the drive- through facilities for restaurants, banks and other
similar uses as to what constitutes a street m between and adjacent to residential
Chairperson Messner felt a road as wide as County Road 42 would be a sufficient buffer.
Mr Lindahl reviewed the proposed standards for Outdoor Display. Mr. Lindahl was asked
to expand on the display area and the opacity screening. The main concern was gas station
islands and hardware stores Ms. Lindquist noted that most cities do not allow any exterior
storage. Commissioner Powell said he was not opposed to outside storage. Commissioner
Humphrey stated she would not mind music being played while people are pumping gas as
long as neighbors could not hear it.
The Planning Commission also discussed the Design Standards in the C -3 District in relation
to the downtown standards and building materials
Chairperson Messner noted that offices were not allowed in the C -3 Distract and though that
aught create potential problems and asked that they be allowed in the C -3 District
Discussion was held regarding the office uses, dnve -thru restaurants and outdoor seating of
restaurants including their limits, buffer zones, and other requirements in the C -4 District.
Community Development Director Lindquist mdreated this would be back before the
Planning Commission as a work session item on July 12t.