HomeMy WebLinkAbout2.b. Commercial Zoning DistrictsCITY OF ROSEMOUNT
CITY COUNCIL COMMITTEE OF THE WHOLE
EXECUTIVE SUMMARY
COMMITTEE OF THE WHOLE WORKSESSION DATE: August 15, 2001
AGENDA ITEM: Commercial Zoning Districts
AGENDA SECTION:
Discussion
PREPARED BY: Rick Pearson, City Planner
AGENDA NO.
ATTACHMENTS: C -1 Convenience, C -2 Downtown,
APPROVED BY:
Traditional Downtown Overlay District, C -3
Highway Service and, C -4 General
Commercial Districts
SUMMARY
On Tuesday, August 7, 2001, the Council tabled action regarding the proposed revisions to the Commercial
districts in the zoning Ordinance. The issues that remain to be resolved include:
1. Separation criteria between hotels and churches or schools. Consistency with liquor license standards
would be 300 ft.
2. Legitimizing dance studios and karate instruction in the C -1 Convenience Commercial District to
expand the permitted uses for the 145 Street and Dodd Blvd. Commercial building. Based on a staff
conversation with Markos Choularis, interest has been expressed to locate these types of uses in vacant
space in the building.
Staff had inserted language for the dance and karate uses only because of anticipation of the discussion with
Markos and concluding that these uses were relatively benign.
RECOMMENDED ACTION:
Discussion and direction is requested.
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3 -1 -6 3 -1 -7
course of business or selling or leasing merchandise, fixtures or
supplies to such establishment; or an interest of five percent (5 %) or
less in any corporation holding a City liquor License. A person who
receives monies,from time to time directly or indirectly from licensee
in the absence of a bona fide consideration therefor and excluding
bona fide gifts or donations, shall be deemed to have a pecuniary
interest in such retail license. In determining bona fide the
reasonable value of the goods or things received as consideration
for the payment by the licensee and all other facts reasonably
tending to prove or disapprove the existence of any purposeful
scheme or arrangement to evade the prohibitions of this Section
shall be considered. (Ord. Il, 5 -20 -1986, eff. 5 -31 -1986; amd. Ord:
XV1.38, 2- 17- 1998)
3 -1 -7: PLACES INELIGIBLE FOR LICENSE:
A. General Prohibition: No license shall be issued for any place or any
business ineligible for such a license under State law.
B. License Refused Where Taxes Due: No license shall be granted or
renewed for operation on any premises on which real estate taxes,
assessments or other financial claims of the City or of the State are
due, delinquent, or unpaid. If an action has been commenced
pursuant to the provisions of Minnesota Statutes, chapter 278,
questioning the amount or validity of taxes, the Council may, on
application by the licensee, waive strict compliance with this
provision; no waiver may be granted, however, for taxes, or any
portion thereof, which remain unpaid for a period exceeding one year
after becoming due unless such one year period is extended through
no fault of the licensee.
C. Distance From School Or Church: No license shall be granted to any
applicant whose place of business is within three hundred feet (300')
of any school or within three hundred feet (300') of any church. In
applying this restriction the distance shall be measured from the
main front entrance following the route of ordinary pedestrian travel.
(Ord. II, 5 -20 -1986, eff. 5 -31 -1986)
D. Nudity And Sexual Conduct Prohibited: No license shall be held at
any premises where nudity or sexual acts or conduct are permitted
to occur.
1. For the purposes of this subsection "nudity" and "sexual conduct"
are defined as follows:
598
City of Rosemount
City of Rosemount
Ordinance No. B-
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS
AS FOLLOWS:
SECTION 1. Sections 6.10, 6.11, 6.12, and 6.13 of Ordinance B — City of Rosemount
Zoning Ordinance, adopted September 19, 1989, is hereby amended to read as follows:
6.10 C -1 CONVENIENCE COMMERCIAL DISTRICT
A. Purpose and Intent: The purpose of the Convenience Commercial District is to provide
residential neighborhoods with convenience shopping and personal services that could serve
the daily and weekly needs of the adjoining residents. Convenience Commercial Districts
typically occupy a small area at the intersection of two collector streets, or streets of higher
classification, and provide a gateway into the neighborhood. These convenience commercial
centers are meant to provide services and goods only for the surrounding neighborhoods and
are not intended to serve the entire community. Zoning standards are intended to promote
compatibility in form, function and style. The District is intended to be compatible within a
residential neighborhood context. Therefore, the number of permitted uses is limited and the
scale of uses is comparatively small.
B. Permitted Uses: The following uses are permitted uses in the C -1 District.
1. Essential Service Facilities.
2. Neighborhood Retail Establishments, no larger than 2,500 square feet per tenant or
use, including convenience, small grocery, bakery, meat, dairy stores. fruit or vegetable
markets, or other neighborhood retail establishments.
3. Offices, Business and Professional, no larger than 2,500 square feet per tenant,
including accounting, architectural, dental, law, medical, real estate, or tax services.
4. Personal Services, no larger than 2,500 square feet per tenant or use, including barber
and beauty shops, laundry services, photography, dance studio, karate instructions, shoe
repair, and tailor, but excluding funeral service and crematory facilities, massage, body
piercing, tanning booths, tattoo and pawn shops.
C. Accessory Uses: The following uses shall be permitted accessory uses:
1. Off - Street Parking as regulated by this ordinance, but not including semi - trailer trucks.
2. Fences, as regulated by this ordinance.
3. Accessory Apartments, provided they are located above the first floor.
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D. Conditional Uses: The following uses are conditional uses in the C -1 district, and are subject
to the conditional use permit provisions outlined in this ordinance.
1. Child Day Care Services.
a. Licensed day care facilities must meet the following conditions:
(1) Pick -up and drop -off areas shall be located on the site, and shall be designed to
avoid interfering with traffic and pedestrian movements.
(2) Outdoor recreational area shall be located and designed in a manner which
mitigates visual and noise impacts on any abutting residential parcels.
(3) Such facilities shall obtain all applicable state, county, and city licenses.
2. Multiple Parcels, Tenants, Buildings, provided that the uses are specified as permitted,
accessory or conditional uses in the C -1 District.
3. Eating Establishment, as part of multi- tenant or mixed use building. These
establishments include such places as restaurants and cafeterias and places for the sale
and consumption of soft drinks, juices, ice -cream and beverages of all kinds, provided the
following conditions are met:
a. The gross floor area of the restaurant shall not exceed 3,000 square feet.
b. Drive -up window service and exterior loudspeakers shall not be permitted.
4. Self - Service Gasoline Sales, accessory to Convenience Stores, subject to the following:
a. Fuel pumps shall be 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 be located on
the property, provided that adequate visibility both on and off site is maintained. The
canopy shall be consistent with the principal building in design and character.
c. Lighting shall be recessed or shielded so as to have no direct source of light visible
from adjacent land or the public right of way.
d. Parking of vehicles on public right -of -way shall be prohibited.
e. If a gasoline service station site includes an accessory car wash, the site shall be
planned so as not to permit water from a car wash to run into a public street or
accesses thereto.
f. Vehicular access points shall create minimum conflict with through traffic movement
and shall be subject to the approval of the City.
g. Off - street parking, stacking and circulation shall be provided subject to the
regulations in this ordinance.
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h. Screening and landscaping are subject to regulations of this ordinance.
i. Not adjoining Residential Districts.
5. Teen Center.
a. Outdoor recreational areas shall be located and designed in a manner that mitigates
visual and noise impacts on adjacent areas.
b. Recreational areas shall be designed to avoid interfering with traffic and pedestrian
movements.
c. Such facilities shall adhere to City curfews.
d. Bicycle parking spaces must be provided and shall be located in a clearly designated,
safe and convenient location.
E. Minimum Lot Requirements and Setbacks:
1. Minimum Lot Area: ............................................................................... 20,000 square feet
2. Minimum Lot Width: ............................................................................................ 150 feet
3 Minimum Lot Depth .... : ........................................................................................ 125 feet
4. Maximum Lot Coverage: ............................................................................................ 75%
5. Minimum Front Yard Setback:
a. Principal Structure: .............................................................................................. 30 feet
b. Accessory Structure: ............................................................................................ 30 feet
6. Minimum Side Yard Setback:
a Principal Structure: .............................................................................................. 10 feet
b. Accessory Structure: .............................. .............................. ............................. 10 feet
7. Minimum Rear Yard Setback:
a. Principal Structure :................................................................. .............................10 feet
b. Accessory Structure: ............................................................................................ 10 feet
8. Parking Setbacks:
a. Minimum front yard setback: .............................................................................. 20 feet
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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 -1 Convenience Commercial District abuts a residential
district, any new development shall include a required buffer strip on the side and
rear yards not less than thirty (30) feet in width. This strip 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 or fence not less than fifty percent (50 %) opaque,
nor less than three (3) feet in height shall be erected to provide sufficient
screening of the commercial parking.
10. Maximum Building Height:
a . Principal Structure: ............................................................................................ 35 feet
b. Accessory Structure: .......................................................................................... 18 feet
11. Maximum Lot Coverage: ............................................................................................ 75%
12. District Size:
a. Minimum: ...................................................................................................... 1 acre
b. Maximum: ..................................................................................................... 3 acres
F. Additional Design Standards:
1. Access & Parking:
a. Curb cuts within a single proposed site shall not be spaced closer than 130 feet.
Commercial developments of a small scale shall be encouraged to develop common
access drives and parking facilities. Incentives, such as reduction in parking
requirements may be provided at the discretion of the City Council.
2. Buildings:
a. The exterior wall surfaces of all buildings within the C -1 Convenience Commercial
District shall be constructed of brick, natural stone or rock or an equivalent or better,
excluding all doors and windows. Prohibited materials for exterior wall finishes are
rock face block, masonry concrete, metal and wood, and tip up concrete panels. Non
earth tone brick shall be limited to architectural accents.
3. Pedestrian Circulation:
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a. Concrete sidewalks five (5) feet in width shall be provided on all commercial
property.
b. Clear and well - lighted walkways shall connect building entrances to adjacent public
sidewalks and to any parking facilities located on the site.
4. 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. 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 twenty (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.
6.11 C -2 DOWNTOWN COMMERCIAL DISTRICT
A. Purpose and Intent: The purpose of this district is to encourage a viable downtown area.
Rosemount's downtown is intended to serve the entire City and be a diversified
commercial center that offers the full range of comparison goods, sales and services,
cultural, civic, and entertainment opportunities, financial and professional offices, and
public uses. Although this district relies on automobile traffic, the needs of pedestrians
and bicyclists are deemed equally important. Pedestrian and bicycle linkages,
landscaping, and appropriate amenities are important components of this district. The
pedestrian orientation of buildings adjacent to sidewalks encourages parking in the rear
yards and enhances the traditional character exemplified by historical central business
districts. Zoning standards are intended to promote compatibility in form, function and
style.
B. Permitted Uses: The following uses are permitted uses in the C -2 District.
1. Business Services and Offices, including accounting, advertising, auditing,
commercial art, computer services, mailing, photocopying, photography, and public
relations.
2. Communications Businesses.
3. Eating and Drinking Establishments, excluding drive -thru facilities.
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4. Essential Service Facilities.
5. Financial Institutions, excluding currency exchanges.
6. General Repair Services, including appliance repair, furniture re- upholstery and
repair, jewelry, clock & watch repair, radio repair, small electronics repair, and
television repair, but excluding uses that involve hazardous materials or corrosives or
result in hazardous wastes or noxious fumes in its processes; automobile and related
equipment services and other licensed vehicles such as snowmobiles, motorcycles
and A.T.V.s and repair establishments.
7. Membership Organizations, including clubs, lodges, trade associations, unions,
political and religious organizations.
8. Museums and Art Galleries.
9. Personal Services, including barber & beauty shops, laundry services, shoe repair
and photography, excluding body piercing, tattoo and pawn shops.
10. Professional Services, including architects and attorney offices, dental and medical
clinics, financial services, insurance providers, and real estate businesses.
11. Public or Governmental Services, including libraries, city offices, auditoriums,
public administration buildings and civic centers.
12. Public Parking Lots and Transit Stations
13. Public Parks, owned and operated by a government unit, including recreational
facilities and structures consistent with the public area.
14. Retail Sales, including books and stationery, clothing, drug, gifts and novelties,
groceries, furniture and hardware, hobby, jewelry, and sporting goods stores, or
other retail establishments of a community nature, but excluding used parts and
pawn shops, automobile and related equipment sales, services, parts sales and
gasoline and fuel sales. New auto parts sales are allowable provided that auto parts
sales activity results in no more than ten percent (10 %) of store revenue or
comprises no more than ten percent (10 %) of the floor space.
15. Veterinary Clinic, not including outdoor runs or kennels.
C. Accessory Uses: The following uses shall be permitted accessory uses.
1. Accessory Apartments, provided they are located above the first floor.
2. Fences, as regulated by this ordinance.
3. Off - street Parking, as regulated by this ordinance, but not including semi - trailer
trucks. -
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4. Outdoor Sales and Display of Merchandise, provided that:
a. Merchandise must consist only of finished products.
b. Outdoor sales shall be conducted by the owner or lessee of the premises or with
the written consent of the owner or lessee.
c. Disassembled merchandise parts may be displayed outdoors only when new
products are customarily sold unassembled and are intended for customer purchase
and assembly.
d. There shall be no display of automobiles or recreation vehicles.
e. Only merchandise that is normally manufactured, sold, or stored by the occupant
on the premises shall be sold and/or promoted.
f. Sales activity shall be conducted on a paved surface and provided the activity
does not interfere with parking.
g. Truck & Trailer Parking. Except while loading, unloading, or rendering a service
in a designated loading area, or as described below, no commercial trucks, truck -
tractor, or semi - trailer combinations are permitted to be parked and /or stored longer
than forty-eight (48) hours.
h. Temporary outdoor sales involving trailers by permit:
1. May be permitted a maximum of seven days, three times annually between
April 1 through October 31, separated by an interval of no less than seven
days.
2. Trailer shall not be located in traffic circulation or deplete minimum required
parking.
3. Trailer shall not encroach into a required parking or building setback or into
any easement.
5. Outdoor Seating Areas, accessory to permitted or conditional uses.
6. Satellite Dishes and Solar Collectors.
7. Signs, as regulated by this ordinance.
D. Conditional Uses: The following uses are conditional uses in the C -2 District, and are
subject to the conditional use permit provisions outlined in this ordinance.
1. Child and Adult Day Care Services.
a. Licensed day care facilities must meet the following conditions:
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(1) Pick -up and drop -off areas shall be located on the site, and shall be designed to
avoid interfering with traffic and pedestrian movements.
(2) Outdoor recreational areas shall be located and designed in a manner that
mitigates visual and noise impacts on any abutting residential parcels.
(3) Such facilities shall provide proof of all applicable state, county, and city
licenses.
b. Adult day care services, subject to the following conditions:
(1) All outdoor leisure /recreation areas shall be located and designed to minimize
visual and noise impacts on adjacent areas.
(2) When a center is located in a multifunctional organization, the center may share a
common space with the multifunctional organization if the required space
available for use by participants is maintained while the center is operating.
(3) Provide proof of state, federal, and other governmental licensing agency
approval.
2. Custom Manufacturing, with accessory retail sales and display.
a. The size of a custom manufacturing facility shall be no greater than 10,000 gross
square feet.
b. Such uses shall be prohibited on property abutting a residential district.
3. Funeral Services and Mortuaries, must provide adequate off - street parking as regulated
in this ordinance. In the case of shared parking between abutting uses, a reduction of up
to ten percent (10 %) in the number of required parking spaces may be approved.
4. 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.
5. Multiple Parcels, Tenants, Buildings, provided that the uses are specified as permitted,
accessory or conditional uses in the C -2 District.
E. Minimum Lot Requirements:
1. Maximum Building Height:
a. Principal Structure: ............................................................................................ 75 feet
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b. Accessory Structure: ............................................................
......................18 feet
2. Buffer Yard: Where a C -2 Downtown Commercial District abuts a residential district, a
ten foot wide buffer yard shall be required. This buffer 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 or fence not less than fifty percent (50 %) opaque, nor less than three (3) feet
in height. The buffer must provide sufficient screening of the commercial parking.
Berming and/or landscaping may substitute for the fence.
F.
Additional Design Standards:
1. Buildings:
a. The exterior wall surfaces of all buildings within the C -2 Central Business
Commercial District shall be constructed of one hundred percent (100 %) brick or an
equivalent, excluding all doors and windows. Non earth tone brick shall be limited to
architectural accents.
2. Pedestrian Circulation:
a. Concrete sidewalks, five (5) feet in width, shall be provided on all commercial
property along any collector or arterial street:
b. Clear and well- lighted walkways shall connect building entrances to adjacent public
sidewalks and to any parking facilities located on the site.
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. 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 (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. Landscaping:
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a. Landscape buffers are required between commercial uses and residential districts.
They are also to be used to promote pedestrian safety and be located between
sidewalks, walkways and parking lots in the event of new construction or
redevelopment. Landscaping shall include boulevard and ornamental trees, shrubs
and may also include such features as benches and bicycle parking facilities.
Landscaped "islands" will be encouraged as a means of reducing large expanses of
asphalt.
6.12 TRADITIONAL DOWNTOWN OVERLAY DISTRICT
A. Purpose and Intent The purpose of the traditional downtown overlay district is to
encourage high quality commercial and institutional re- development in Rosemount's core
downtown area. The overlay district encompasses an area of long- standing, diverse commercial
and institutional activity. The overlay district is intended to preserve and enhance the variety of
modes of travel used in the traditional downtown, including automobile traffic and pedestrian and
bicycle travel. The traditional downtown overlay district encourages a pedestrian- oriented scale
and style of development, with sidewalks in front of buildings, minimal or no front setbacks,
building height limits, parking in the rear of buildings and other standards. It encourages building
quality through architectural standards. The intent of these standards is to encourage
development of a style and scale that are compatible with the predominant uses and structures in
the traditional downtown.
B. Scone: The overlay district includes all commercially zoned property north of Lower 147`
Street and the public and institutional district north of 145, west of Hwy. 3, south of 143` St.
C. Permitted Uses The permitted uses shall be the same as those in the C -2 Downtown
Commercial District with the following exceptions.
1. Essential service facilities are permitted, but power sub - stations are not permitted uses.
2. Municipal parking lots are permitted, but transit stations with off - street parking in excess of 4
stalls and/or off - street bus maneuvering areas and/or structures totaling more than 150 square
feet are not permitted.
D. Accessory The accessory uses shall be the same as those in the C -2 Downtown
Commercial District with the following exceptions.
1. Fences, as regulated by this ordinance. No person shall cause a fence to be placed in the
public right -of -way without a written permit from the City of Rosemount.
E. Conditional Uses The conditional uses shall be the same as those in the C -2 Downtown
Commercial District with the following exceptions.
1. Custom manufacturing, with accessory retail sales and display.
a. The size of a custom manufacturing facility shall be no greater than 5,000 square feet.
b. Such uses shall be prohibited on property directly abutting a residential district.
2. Multiple Parcels, Tenants, Buildings, provided that the uses are specified as permitted,
accessory or conditional uses in the C -2 Downtown Commercial District, subject to the
conditional use permit provisions outlined in this ordinance.
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3. Townhomes with the following conditions:
a. That no ground floor or street level building space shall be used for residential
purposes or accessory uses thereto in any townhome within 150 feet of Trunk
Highway 3.
b. That there shall be a minimum of two tuck -under or below -grade attached garage stalls
for each townhome.
4. Multiple Family Dwellings with the following conditions:
a. That no ground floor or street level building space shall be used for residential
purposes or accessory uses thereto in any multiple family structure within 150
feet of Trunk Highway 3.
b. That there shall be a minimum of one and one half underground, heated parking stall for
each dwelling unit.
5. Hotels with the following conditions:
a. The hotel shall not exceed 24 sleeping rooms.
b. The sleeping rooms shall have entry from the interior of the hotel and shall not have
direct entry from the exterior of the hotel.
F. Minimum Lot Requirements
1. Maximum Building Height: ................................................................ 50 feet
excluding architectural appurtenances as defined elsewhere in this ordinance.
G. Additional Design Standards The building and site design standards shall be the same as
in the C -2 Downtown Commercial District with the following additions.
1. Building exteriors are required to include architectural enhancements to create visual contrast
and interest, such as lintels, cornices, inset doorways, beveled corners, parapet walls, etc.
2. All rooftop mechanical equipment shall be screened by a raised parapet wall or with
comparable and compatible exterior building materials. The city administrator or a designee
may deem it unnecessary to screen minor, incidental rooftop equipment, which equipment
shall be of a color to match the roof. Metal cabinets used to enclose and protect rooftop
equipment shall not substitute as screening.
3. Exposed roof materials shall be similar to, or architecturally equivalent to, a three hundred
(300) pound or better asphalt or fiberglass shingle, wooden shingle, standing seam metal roof
or better.
4. Garish or brightly colored (i.e., orange, bright yellow, or fluorescent colors) building
materials or accents isuch as cloth or metal awnings, trim, banding, walls, entries or any
portion of a building) shall be minimized and in no case shall such materials or accents
exceed five (5) percent of any building elevation or wall area.
5. Brick or stone exteriors shall not be painted during the life of the exterior materials.
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
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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. Automotive Repair and Service Station, including accessory car washes subject to:
a. Gasoline fuel pumps shall be 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 be located on
the property, provided that adequate visibility both on and off site is maintained. The
canopy shall be consistent with the principal building in design and character.
c. Service stations with accessory car washes shall be planned so as not to permit water
from the car wash to run into the parking areas, a public street or accesses thereto
d. Vehicles waiting to be repaired shall be stored in appropriately designed and
screened areas.
e. Lighting shall be recessed or shielded so as to have no direct source of light visible
from adjacent land, or the public right of way.
f. Vehicular access points shall create minimum conflict with through traffic movement
and shall be subject to the approval of the City.
g. Parking of vehicles on public right -of -way shall be prohibited.
2. Communications Businesses.
3. Convenience Stores.
4. Eating and Drinking Establishments. Drive -up's, drive -thru facilities and truckstops
are not allowed on properties fronting or adjacent to Highway 3, north of County Road
42, or located adjacent to the C -2 Downtown Commercial Business District.
5. Essential Service Facilities.
6. General Repair Services: including appliance repair, furniture re- upholstery and repair,
jewelry, clock & watch repair, radio repair, small electronics repair, and television repair.
7. Hotels and Motels.
8. 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.
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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. Landscape and Horticultural Services.
10. Public Parking Lots and Transit Stations.
11. Public Parks, owned and operated by a government unit, including recreational facilities
and structures consistent with the public area.
12. Retail Sales, including 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.
13. Self- Service Storage Facilities, subject to the following restrictions:
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 of Overstory 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. 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
Page 14
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..
14. Veterinary Services, not including outdoor runs or kennels.
C. Accessory Uses: The following uses shall be permitted accessory uses.
1. Accessory Apartments.
2. Gasoline Sales, accessory to Convenience Stores.
3. Outdoor Sales and Display of Merchandise, excluding automotive parts or car sales.
Outdoor sales are subject to the following restrictions:
a. Merchandise must consist only of finished products.
b. Outdoor sales shall be conducted by the owner or lessee of the premises or with the
written consent of the owner or lessee.
c. Disassembled merchandise parts may be displayed outdoors only when new products
are customarily sold unassembled and are intended for customer purchase and
assembly.
d. Only merchandise that is normally manufactured, sold, or stored by the occupant on
the premises shall be sold and/or promoted.
e. Outdoor display areas shall not be larger than the total gross floor area of the
principal use and must be fenced or screened from view of abutting residential
districts.
f. Sales activity may be conducted within a required yard provided the area is paved
and the activity does not interfere with parking.
g. Truck & Trailer Parking. Except while loading, unloading, or rendering a service in
a designated loading area, no commercial trucks, truck- tractor, or semi - trailer
combinations are permitted to be parked and/or stored longer than forty-eight (48)
hours.
4. Outdoor Seating Areas, accessory to permitted or conditional uses.
5. 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 Sales. Such uses shall be subject to the following:
Page 15
a. Open sales lots are allowed provided the use does not take up parking spaces as
required by this ordinance.
b. Repair services shall be permitted as an accessory use to all automotive sales.
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 be paved with curb and gutter.
e. Parking setback standards shall be physically maintained to prevent vehicle overhang
through concrete curbing, and landscaping, a fence, or some other approved means.
f. Lighting of sales lots must be recessed or shielded so as to have no direct source of
light visible from adjacent land or public right of way.
g. Loud speakers and paging systems shall not be audible beyond one hundred (100)
feet of the property line.
2. Custom Manufacturing, with accessory retail sales and display.
3. Multiple Parcels, Tenants, Buildings, provided uses are permitted, accessory or
conditional in the C -3 District.
4. Outdoor Amusement and Recreation Services, subject to the following restrictions:
a. All improvements must conform to the setback requirements for principal buildings
in the district.
b. No facilities may be closer than fifty (50) feet to a Residential District boundary.
5. Transmission Facilities greater than one -fourth ( /4) mile in length.
E. 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
6. Minimum Side Yard Setbacks:
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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
required buffer strip on the side and rear yards not less than thirty (3 0) feet in width shall
be required. This strip 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, earthen berm or
retaining wall not less than fifty percent (50 %) opaque, nor less than three (3) feet in
height shall be erected to provide sufficient screening of the commercial parking.
10. Maximum Building Height:
a. Principal Structure: .............................................................................................. 35 feet
b. Accessory Structure: ............................................................................................ 25 feet
F. Additional Design Standards
1. Buildings:
a. The exterior wall surfaces of all buildings within the C -3 Highway Commercial
District shall be constructed of one hundred percent (100 %) brick or an equivalent.
Non earth tone brick shall be limited to architectural accents.
2. Pedestrian Circulation:
a. Concrete sidewalks, five (5) feet in width, shall be provided on all commercial
property along any collector or arterial street.
Page 17
b. Clear and well - lighted walkways shall connect building entrances to adjacent public
sidewalks and to any parking facilities located on the site.
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. 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.
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. Agricultural Machinery and Equipment Sales.
2. Automotive Repair, Service Stations, and Car Washes, subject to the following
restrictions:
a. Gasoline fuel pumps shall be 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 be located on
the property, provided that adequate visibility both on and off site is maintained. The
canopy shall be consistent the principal building in design and character.
c. Service stations with accessory car washes shall be planned so as not to permit water
from the car wash to run into the parking areas, a public street or accesses thereto.
Page 18
d. Vehicles waiting to be repaired shall be stored in appropriately designed and
screened areas.
e. Lighting shall be recessed or shielded so as to have no direct source of light visible
from adjacent land, or the public right of way.
f. Vehicular access points shall create minimum conflict with through traffic movement
and shall be subject to the approval of the City.
g. Parking of vehicles on public right -of -way shall be prohibited.
3. Business Services and Offices, including accounting, advertising, auditing, commercial
art, computer services, mailing, photocopying, photography, and public relations or
similar businesses.
4. Child and Adult Day Care.
5. Communications Businesses.
6. Convenience Stores.
7. Eating and Drinking Establishments.
8. Educational Services, excluding elementary and secondary schools.
9. Essential Service Facilities.
10. Financial Institutions.
11. General Repair Services, including appliance repair, furniture re- upholstery and repair,
jewelry, clock, watch, radio, small electronics and television repair.
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.
14. Landscape & Horticulture Services.
15. Lumber Yards and Construction Materials.
16. Membership Organizations.
Page 19
17. Personal Services, including barber & beauty shops, fitness centers, funeral services &
mortuaries, facilities, laundry services, shoe repair and photography, video rental.
18. Professional Services, including architects and attorney offices, dental and medical
clinics, financial services, insurance providers, and real estate businesses.
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.
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. Automobile sales, new
and used, are prohibited.
23. Theaters, excluding drive -in theaters.
24. Veterinary Services, not including outdoor runs or kennels.
C. Accessory Uses: The following uses shall be permitted accessory uses.
1. Accessory Apartments.
2. Gasoline Sales, accessory to Convenience Stores.
3. Outdoor Display of Merchandise, subject to the following restrictions:
a. Merchandise must consist only of finished products.
b. Outdoor sales shall be conducted by the owner or lessee of the premises or with the
written consent of the owner or lessee.
c. Disassembled merchandise parts may be displayed outdoors only when new products
are customarily sold unassembled and are intended for customer purchase and
assembly.
d. Only merchandise that is normally manufactured, sold, or stored by the occupant on
the premises shall be sold and/or promoted.
e. Outdoor display areas are limited to twenty (20) percent of the gross floor area of the
principal use and must be fenced or screened from view of abutting residential
districts.
f. Sales activity may be conducted within a required yard provided the area is paved
and the activity does not interfere
Page 20
g. Truck & Trailer Parking. Except while loading, unloading, or rendering a service in a
designated loading area, no commercial trucks, truck- tractor, or semi - trailer
combinations are permitted to be parked and/or stored longer than forty-eight (48)
hours.
4. Outdoor Seating Areas, accessory to permitted or conditional uses.
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.
1. Custom Manufacturing, with accessory retail sales and display.
2. Multiple Parcels, Tenants, Buildings, provided uses are permitted, accessory or
conditional in the C -4 District.
3. Transmission Facilities greater than one -fourth ( /4) mile in length.
E. Minimum Lot Requirements and Setbacks:
1. Minimum Lot Area: ............................................................................... 20,000 square feet
2 Minimum Lot Width: ............................................................................................ 120 feet
3. Maximum Lot Coverage: ................................................... I ......... I ....... ...........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
M
Page 21
b. Minimum rear yard setback: ...............
.................................. 10 feet
.........................
c. Minimum side yard setback: ................................................................................ 10feet
e. 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 -4 General Commercial District abuts a residential district, a
buffer strip on the side and rear yards not less than thirty feet (30ft) in width shall be
required. This strip 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, earthen berm or
retaining wall not less than fifty percent (50 %) opaque, nor less than three (3) feet in
height shall be erected to provide sufficient screening of the commercial parking.
10. Maximum Building Height:
a. Principal Structure: ....................
.......................................................................... 35 feet
b. Accessory Structure: ............................................................................................ 25 feet
F. Additional Regulations & Requirements
1. Buildings:
a. The exterior wall surfaces of all buildings within the C -4 General Commercial
District shall be constructed of at least 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 wood, and tip up concrete panels. Non earth tone brick shall be
limited to architectural accents.
2. Pedestrian Circulation:
a. Concrete sidewalks, five (5) feet in width, shall be provided on all commercial
property along any collector or arterial street.
b. Clear and well - lighted walkways shall connect building entrances to adjacent public
sidewalks and to any parking facilities located on the site.
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.
Page 22 '
c. Light directed upward is prohibited. 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.
SECTION 2. This ordinance shall be effective immediately upon its passage and
publication according to law.
ENACTED AND ORDAINED into an Ordinance this 7 day of August, 2001.
ATTEST:
CITY OF ROSEMOUNT
Cathy Busho, Mayor
Linda Jentink, City Clerk
Published in the Rosemount Town Pages this day of , 2001.