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HomeMy WebLinkAbout6.m. Commercial Zoning Ordinance Revision4 4 CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: AGENDA ITEM: Commercial Zoning Ordinance Revision AGENDA SECTION: Consent PREPARED BY: Jim Parsons AGENDA NO. Community Development Director 6.m. ATTACHMENTS: Ordinance on Commercial Districts APPROVED BY: Background At the Sept. 12 Council work session, Council members directed staff to revise the language of the draft ordinance on commercial zoning districts to prohibit the use of semi - trailers for outdoor sales. This prohibition would apply to all commercial zoning districts. Staff has deleted the draft language allowing temporary outdoor sales involving trailers by permit, and added the sentence: "Semi- trailers may not be used for outdoor sales." Staff recommends that the Council adopt the revised commercial zoning district ordinance. RECOMMENDED ACTION: Adopt revised ordinance for commercial districts. COUNCIL ACTION: CommDistrictsOrdinance 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 the scale of uses is comparatively small: B. Permitted Uses: The following uses are permitted uses in the C -1 District. 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, 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. Page 2 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 maybe 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. Page 3 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. 6. Educational Services, as part of a multi tenant or mixed use building, including arts and crafts, dance and music instruction and self defense and similar individual or small group educational services. 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: aPrincipal Structure: .............................................................................................. 10 feet b Accessory Structure: ........................................................................................... 10 feet 7. Minimum Rear Yard Setback: a Principal Structure :.................................................................. .............................10 feet b Accessory Structure :............................................................. ............................... 10 feet Page 4 - 8. Parking Setbacks: a. Minimum front yard setback: .............................................................................. 20 feet b. Minimum rear yard setback: ...... I .......................................................................... 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 Page 5 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: 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. Page 6 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. 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. Page 7 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. 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, no commercial trucks, truck- tractor, or semi - trailer combinations are permitted to be parked and/or stored longer than forty-eight (48) hours. Semi - trailers may not be used for outdoor sales. 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: (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. Page 8 (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 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. Page 9 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: 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. Page 10 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. Scope: 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 Uses 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. 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. Page 11 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. 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. c. Hotels and Bed & Breakfasts (B &B's) shall be no closer than 300 feet from churches and schools. 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 (such 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 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. Page 12 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. 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. Page 13 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: 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 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 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. Page 14 14. Veterinary Services, not including outdoor runs or kennels. C. Accessory Uses: The following uses shall be permitted accessory uses. I. 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. Semi - trailers may not be used for outdoor sales. 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: 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. Page 15 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 (1/4) 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: a. Principal Structures: ............................................................................................ 10 feet b. Accessory Structures: .......................................................................................... 10 feet Page 16 ` 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: ................................................ ....... feet ........................ 10 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 (30) 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. 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: Page 17 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. d. Vehicles waiting to be repaired shall be stored in appropriately designed and screened areas. Page 18 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. 17. Personal Services, including barber & beauty shops, fitness centers, funeral services & mortuaries, facilities, laundry services, shoe repair and photography, video rental. Page 19 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 ofthe 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 vehicular or pedestrian circulation. 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. Semi - trailers may not be used for outdoor sales. Page 20 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 C4 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 (1/4) 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: ............................................................................................ 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 Page 21 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. 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. i Page 22 d. The level of lighting shall not exceed 0.5 lumens at anyresidential 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 day of , 2001. CITY OF ROSEMOUNT ATTEST: Cathy Busho, Mayor Linda Jentink, City Clerk Published in the Rosemount Town Pages this day of 2001.