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4646 Dakota Street SE
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CITY COUNCIL AGENDA REPORT
MEETING DATE: MARCH 10, 2014
AGENDA #: 9C
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SUBSECTIONS
1102.1103, 1102.1104 AND 1102.1105 OF THE PRIOR LAKE CITY
ORDINANCE RELATED TO ALTERNATIVE SCHOOLS IN THE GENERAL
BUSINESS USE DISTRICT
DISCUSSION: Introduction
The purpose of this item is to consider a proposed amendment to the city's
Zoning Ordinance to reclassify an Alternative School land use from an allowed
Interim Use Permit (IUP) to an allowed Permitted Use by Conditional Use Permit
(CUP) in the General Business (C -2) Use District.
History
The Prior Lake — Savage School District currently operates an Alternative
School known as the Bridges Area Learning Center in the Northgate Center
commercial area at 15875 Franklin Trail (see attached exhibit). This use was
permitted by a city code amendment which allowed for interim uses such as
the school in the C -2 District. Pursuant to that ordinance, the City Council
issued an interim use permit in July of 2009 for the learning center and recently
extended the original 5 year interim use permit for another 5 years to July of
2019 (which is the maximum allowed by the interim use ordinance). On
November 25, 2013 the City Council directed city staff to review the Alternative
School Land Use regulations and prepare a report as to the effects of
converting the land use from allowed by Interim Use Permit to an allowed use
in the C -2 District permanently.
On January 21, 2014 the Planning Commission held a discussion on the possible
text amendment change. At the meeting the Planning Commission asked for
more information regarding the liquor license impact prior to making a
recommendation to the City Council on the possible text amendment. City staff
received confirmation from the City Attorney that the liquor license Ordinance
(Section 300) explains if a property seeking issuance, renewal, or transfer of a
liquor license is within 300 feet of a school, the City Council would "have grounds
to deny" the license request. This means that the City Council could permit the
license or deny the license based on their judgment of the particular situation. It
does not mean the City Council would be required to deny the license request.
On February 3, 2014, the Planning Commission held a public hearing and
recommended approval of an ordinance amendment allowing Alternative
Schools as permitted uses by Conditional Use Permit in the C -2 District.
Current Circumstances
The current ordinance lists the Alternative School land use as permitted by
Interim Use Permit. The following is the definition and conditions of approval for
an Alternative School land use:
Alternative School: A school that offers a curriculum which is equivalent to
but is a substitute for the curriculum commonly found in more traditional public
or private schools
1102.1104 (1) Alternative School. Conditions:
a. A student transportation and parking plan shall be submitted
demonstrating that parking needs will be met for all tenant
space.
b. An adult over the age of 21 shall be on the premises during
hours of operation in a supervisory capacity.
c. A pedestrian plan shall be provided in order to maintain
vehicular and pedestrian safety.
d. Outdoor areas intended for group activities shall be located
at least 25 feet from any lot in an "R" Use District and shall
be buffered from such residential lot with a buffer yard, Type
C as described in Subsection 1107.2005.
According to the Zoning Ordinance, IUPs are issued to Alternative Schools under
the same process as a CUP. An Interim Use is defined as follows:
1108.1001 Purpose and Intent. Certain uses, while generally not suitable
in a particular Zoning District, may, under certain circumstances
be acceptable for a prescribed period of time. An Interim Use is
a temporary use of property until a particular date, until the
occurrence of a particular event or until the zoning regulations no
longer permit it. An Interim Use may never become a Use that is
permitted, permitted with conditions or allowed by conditional use
permit unless a Use District in the Zoning Ordinance is amended,
following the procedure set out in Section 1108.500, by a 4 /5ths
vote of the City Council to add the Use.
Conclusion
The reclassification of an Alternative School from a temporary Interim Use to a
permanent Permitted Use by CUP would be as shown in Attachment 1, keeping
the same conditions as used for the IUP.
ISSUES: Inclusion of an Alternative School land use as a use allowed by Conditional Use
Permit in the C -2 (General Business) Commercial District would allow such a
use on a permanent basis rather than a temporary basis. When considering
recommending this change, the City Council should also understand two
possible implications of a school use in a commercial area.
Tax Status: In the past, City staff has contacted the Scott County Assessor to
verify the tax implications of a school utilizing commercial space. The County
Assessor indicated that in most cases a school is tax exempt. However, in cases
2
where a school leases a commercial space, there are two determining factors:
1) Does the school pay market rate for leasing the space, or are they given a
discount because they are a school? 2) What is the structure of the lease?
According to the County Assessor, a school that leases space is often given a
discount and their lease agreement is specialized to their use as a school, which
in this case would justify tax exempt status.
However, if the property owner rents space to the school with no differentiation
from the use of the school from that of other commercial user, the property owner
would be taxed at the same rate as any other commercial entity leasing the
space. In either case, it's noteworthy that a lease agreement and the status of
property ownership could change and thus change the tax implications.
In the case of the Bridges Alternative Learning school, the property is taxed as
if it were a for profit entity occupying this space. This of course could change at
any time in the future upon renegotiation of the lease.
Liquor License: According to Section 301.600 of the City Ordinance, the City
Council would have "grounds to deny" issuance, renewal, or transfer of a liquor
license if the premises to be licensed is "located within 300 feet of any church
or school." This does not mean the City Council would be required to deny the
a license request in this case, however, the City Attorney cautions that the City
Council may not wish to set a precedent of disregarding the condition in
multiple cases. Therefore, the permanent placement of an Alternative School
(or any school by definition) within a commercial zoning district could possible
restrict the surrounding block of properties from utilizing a liquor license (such
as a restaurant or liquor store) at the City Council's discretion.
Ongoing need: It is clear that the school district intends to continue this school
as their enrollment from year to year exceeds their projections.
ALTERNATIVES: 1. Adopt an ordinance amending Subsection 1102.1103 to add "Alternative
School" as a use permitted by Conditional Use Permit in the C -2 Use District,
and to remove Subsection 1102.1104 related to uses permitted by Interim
Use Permit in the C -2 Use District, as may be further amended by Council.
2. Conclude that the Alternative School land use remain as permitted with
approval of an Interim Use Permit within the C -2 Business District.
3. Table or continue discussion of the item for a specific purpose.
RECOMMENDED Staff recommends a motion and second to support Alternative #1
MOTION:
ATTACHMENTS: 1. Proposed ordinance amendments (showing additions and deletions)
2. Bridges Area Learning Center Location Map
3. Prior Lake Zoning Map
3
0 O1 PRI
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U i 4646 Dakota Street SE
Prior Lake, MN 55372
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CITY OF PRIOR LAKE
ORDINANCE NO. XXX -XX
AN ORDINANCE AMENDING SUBSECTION 1102.1103, SUBSECTION 1102.1104 AND SUBSECTION 1102.1105 OF
THE PRIOR LAKE CITY ORDINANCE
1. The City Council of the City of Prior Lake does hereby ordain that Subsection 1102.1100, "C -2" General Business Use
District, of the Prior Lake Zoning Ordinance is hereby amended as follows:
1102.1103 Uses Permitted By Conditional Use Permit : Add the following new section:
(13) Alternative School. Conditions:
a. A student transportation and parking plan shall be submitted demonstrating that parking needs will
be met for all tenant space.
b. An adult over the age of 21 shall be on the premises during hours of operation in a supervisory
capacity.
c. A pedestrian plan shall be provided in order to maintain vehicular and pedestrian safety.
d. Outdoor areas intended for group activities shall be located at least 25 feet from any lot in an "R"
Use District and shall be buffered from such residential lot with a buffer yard, Type C as described
in Subsection 1107.2005.
1102.1104 Uses Permitted By Interim Use Permit. Delete this Subsection in its entirety
1102.1105 Accessory Uses. Re- number this Subsection to 1102.1104.
This Ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 10th day of March, 2014.
ATTEST:
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
Published in the Prior Lake American on the 15th day of March, 2014.
Drafted By:
Prior Lake Community & Economic Development Department
4646 Dakota Street
Prior Lake, MN 55372
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Zoning Ordinance
SECTION 1102
USE DISTRICT REGULATIONS
SUBSECTIONS
1102.100: Residential District Regulations
1102.200: "A" Agricultural Use District
1102.300: "R -S" Rural Subdivision Residential Use District
1102.400: "R -1" Low Density Residential Use District
1102.500: "R -2" Medium Density Residential Use District
1102.600: "R -3" High Density Residential Use District
1102.700: Residential Performance Standards
1102.800: "TC" Town Center Use District
1102.900: "TC -T" Transitional Town Center Use District
1102.1000 "C -1" Neighborhood Commercial Use District
1102.1100: "C -2" General Business Use District
1102.1200 "C -3" Business Park Use District
1102.1300: Commercial Restrictions and Performance Standards
1102.1400 "1 -1" General Industrial Use District
1102.1500: Industrial Performance Standards
1102.1100: "C -2" General Business Use District. The purpose of the "C -2" General
Business Use District is to allow the concentration of general commercial
development for the convenience of the public and mutually beneficial
relationship to each other in those areas located away from residential areas
designated by the Comprehensive Plan; to provide space for community facilities
and institutions that appropriately may be located in commercial areas; to
provide adequate space to meet the needs of modern commercial development,
including off - street parking and truck loading areas; to minimize traffic
congestion; and to carefully regulate the intensity of commercial development as
it refers to both internal site factors and external impacts.
1102.1101 Permitted Uses. The following uses are permitted in the "C -2" General
Business Use District if the use complies with the Commercial Restrictions and
Performance Standards of Subsection 1102.1300.
D Medical /Dental Offices
D Funeral Homes
D Libraries
D Museums
D Parks and Open Spaces
D Police and Fire Stations
D Banks
D Business and Trade Schools
D Offices
D Retail Shops
D Service Facilities
D Studios
City of Prior Lake
June 1, 2009 1102/pl
Zoning Ordinance
➢ Showrooms
1102.1102 Uses Permitted With Conditions. A structure or land in a "C -2" General
Business Use District may be used for one or more of the following uses if its
use complies with conditions stated in Subsection 1102.1300 and those specified
for the use in this subsection.
(1) Adult Day Care. Conditions:
a. A minimum of 150 square feet of outdoor seating or exercise area shall be
provided for each person under care.
(2) Dry Cleaning, Laundering With Route Pick -Up and Delivery. Conditions:
a. The use shall not exceed 15,000 square feet in area.
b. Outside storage and parking of trucks involved in the operation of the
business is limited to trucks with a manufacturer's rated cargo capacity of
one or less.
c. Outside vehicle storage shall be screened from any abutting "R" Use
District by a bufferyard, as determined by Subsection 1107.2003.
d. Access shall be from a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential streets.
(3) Group Day Care /Nursery School. Conditions:
a. A minimum of 40 square feet of outside play space per pupil must be
provided and such space shall be screened with a bufferyard Type C as
defined in Subsection 1107.2005.
b. An off - street pedestrian loading area shall be provided in order to maintain
vehicular and pedestrian safety.
c. Outdoor play areas shall be located a minimum of 200 feet from any
roadway designated in the Comprehensive Plan as a principal arterial when
no physical barrier is present. When a physical barrier is present, outdoor
play areas can maintain a 50 foot setback. A physical barrier shall be
defined as a 20 foot increase in elevation from the road surface elevation.
(4) Public Service Structures. Conditions:
a. All exterior building faces shall comply with Subsection 1107.2200.
b. All structures shall be located a minimum of 10 feet from any abutting
property located in an "R" Use District.
c. All service drives shall be paved.
City of Prior Lake
June 1, 2009 1102/p2
Zoning Ordinance
(5) Utility Substation. Conditions:
a. No structure shall be located within 25 feet of any property line.
b. No structure shall be located within 200 feet of any "R" Use District.
c. A bufferyard, as determined by Subsection 1107.2003, shall be installed
and maintained along all public ways.
(6) Appliance, Small Engine and Bicycle Repair. Conditions:
a. Engines shall not be operated or tested outside of a structure if the use is
located within 300 feet of any "R" Use District.
(7) Food Service. Conditions:
a. A bufferyard, as determined by Subsection 1107.2003, shall be provided
along all property lines which abut property in an "R" Use District.
(8) Hotel /Motel. Conditions:
a. All buildings and structures shall be located a minimum of 100 feet from
any property in an "R" Use District.
b. A bufferyard, as determined by Subsection 1107.2003, shall be provided at
all lot lines abutting property in an "R" Use District.
(9) In- Vehicle Sales or Service. Conditions:
a. Drive - through facilities and stacking areas shall not be located immediately
adjacent to any "R" Use District property line.
b. A bufferyard Type B as defined in Subsection 1107.2005 shall be provided
between drive - through facilities and stacking areas and adjacent streets
and properties.
c. Stacking shall be provided for 6 cars per customer service point and shall
comply with all yard and bufferyard requirements.
d. This use shall only be permitted when it can be demonstrated that the
operation will not reduce the existing level of service to a lower level on
adjacent streets and intersections.
e. The drive - through facility shall be designed so it does not impede traffic or
impair vehicular and pedestrian traffic movement, or increase the potential
for pedestrian or vehicular conflicts.
f. Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential streets.
City of Prior Lake
June 1, 2009 1102/p3
Zoning Ordinance
g. Any canopy constructed as part of this use shall be compatible with the
architectural design and materials of the principal structure.
(10) Medical and Dental Laboratories. Conditions:
a. The use shall not generate any fumes or odors which are detectable at the
property lines of the parcel on which the use is located.
(11) Copy Shop. Conditions:
a. The total floor area of the use shall not exceed 5,000 square feet.
(12) Restaurants and Clubs and Lodges without Liquor License. Conditions:
a. Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential streets.
b. A bufferyard, as determined by Subsection 1107.2003, shall be installed
and maintained along all property lines which abut property in an "R" Use
District.
(13) Shopping Center. Conditions:
a. The shopping center development shall not exceed 150,000 square feet of
gross floor area.
Ord. Amd 109 -08, publ 06/06/09
b. Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential streets.
c. A bufferyard, as determined by Subsection 1107.2003, shall be provided
along all lot lines abutting property in an "R" Use District.
d. All buildings and structures shall be set back a minimum of 75 feet from
any abutting property in an "R" Use District.
(14) Game Rooms. Conditions:
a. The hours of operation shall be consistent with Subsection 803.1000 of the
City Code relating to curfews.
b. The use shall be located at least 150 feet from the nearest residential
structure.
c. Parking shall be calculated based on all uses within the structure or tenant
space, using parking standards in the City Code.
d. An adult over the age of 21 shall be on the premises during business hours
in a supervisory capacity.
City of Prior Lake
June 1, 2009 1102/p4
Zoning Ordinance
1102.1103 Uses Permitted By Conditional Use Permit. No structure or land in a "C -2"
General Business Use District shall be used for the following uses except by
Conditional Use Permit. These uses shall comply with the Commercial
Performance Standards of Subsection 1102.1300, the requirements of all the
general conditions provided in Subsections 1108.202 through 1108.204, with the
specific conditions imposed in this Subsection and with any other conditions the
Planning Commission, or City Council in the case of an appeal, may impose that
are intended to promote and protect pedestrian safety, limit the impact of a
business on neighboring residential properties, create a buffer between
commercial and residential uses, and maintain the characteristics of a
neighborhood. (Ord. Amd. 111 -02, publ. 02/12/11)
(1) Motor Fuel Station. Conditions:
a. A bufferyard, as determined by Subsection 1107.2003, shall be constructed
along all lot lines abutting an "R" Use District, except that no wall shall be
required within the required front yard.
b. All pump islands, air dispensers and other service devices shall be installed
at least 12 feet from any required yard line, and no display, servicing of
vehicles, parking shall take place within the required yard. On sites where
pump islands have been constructed at the required yard line, a
landscaped area of 8 feet will be installed in the required yard.
c. All parking and paved areas shall meet the grading, design, and
landscaping requirements of Subsection 1107.200.
d. All on -site utility installations shall be placed underground.
e. Outside sale or display is permitted for gasoline, seasonal items, and other
goods consumed in the normal operation of a car, including but not limited
to oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires
and batteries. No products shall be sold or displayed in any required yard,
parking area, or drive aisle.
f. Canopies and canopy support systems shall be designed and constructed
of materials which are compatible with the principal structure.
g. No public address system shall be audible from any property located in an
"R" Use District.
(2) Car Wash. Conditions:
a. No public address system shall be audible from any property located within
an "R" Use District.
b. Drainage and surfacing plans shall be approved by the City Engineer. The
plans shall describe the wash water disposal and sludge removal facilities
for on- premise dust, salt and other chemical and mud abatement.
Drainage must be designed to prevent the accumulation of surface water,
wash water or sludge on the site or in the vicinity of the premises.
City of Prior Lake
June 1, 2009 1102/p5
Zoning Ordinance
c. All parking and paved areas meet the drainage, design and landscaping
provisions of Subsection 1107.200.
d. The ingress or egress points for an accessory car wash shall be approved
by the City Engineer. The exit door from the car wash shall be at least 45
feet from the public right -of -way. Drainage shall be away from the public
street at egress points of the car wash to prevent spillage onto the street.
The grades of the interior floor shall be sloped away from the exit door, and
sloped to an accepted interior drainage system. No water which is used in
the operation of the car wash shall be allowed on any public right -of -way.
e. An automatic car wash accessory to a motor fuel station or motor vehicle
service and repair facility shall provide stacking space for at least four cars.
Cars located in these stacking spaces should not block ingress and egress
driveways on the site or driveways providing access to gasoline pumps,
service bays or required off - street parking, except that vehicles in stacking
spaces may block access to parking stalls which are signed for employee
parking only.
f. Hours of operation shall be limited to 6:OOam to 10:OOpm, unless the
service doors to the facility remain closed at all times.
(3) Motor Vehicle Sales. Conditions:
a. All vehicles stored on the premises shall be insured and operable.
b. All open sales or rental lots shall be operated in conjunction with a building
or buildings containing the same or similar materials as displayed on the
open sales or rental lot.
c. The building and the sales or rental lot shall be on one contiguous site.
d. Vehicles for sale, customer's and employee's vehicles shall be located on
hard surfaces at all times which shall meet all of the landscaping and
design requirements of Subsection 1107.200.
e. String lighting shall be prohibited.
f. No outdoor public address system shall be audible from any parcel located
in an "R" Use District.
g. All customer and employee parking shall be clearly designated and signed.
h. No motor vehicle transport loading or unloading shall be permitted on any
minor residential street.
No display or storage of motor vehicles shall be permitted on any public
right -of -way.
j. A bufferyard, as determined by Subsection 1107.2003, shall be installed
and maintained along all property lines of an abutting "R" Use District.
City of Prior Lake
June 1, 2009 1102/p6
Zoning Ordinance
k. The storage lot shall be located a minimum of 100 feet from an "R" Use
District.
Test driving shall be in accordance with all applicable road and highway
laws and regulations.
(Ord. Amd. 113 -08, publ. 07/13/13)
(4) Motor Vehicle Service, Repair. Conditions:
a. No public address system shall be audible from any property located in an
"R" Use District.
b. All repair, assembly, disassembly and maintenance of vehicles shall be
inside a closed building except tire inflation, changing wipers or adding oil.
c. Test driving shall be prohibited on any street in an "R" Use District.
d. Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential streets.
e. The building housing the use shall be located a minimum of 100 feet from
any lot in an "R" Use District.
f. A bufferyard, as determined by Subsection 1107.2003, shall be provided
along any abutting an "R" Use District.
(5) Restaurants and Clubs and Lodges with Liquor. Conditions:
a. Access to the use shall be from a roadway identified in the Comprehensive
Plan as a collector street or otherwise located so that access can be
provided without generating significantly increased commercial traffic on
local residential streets.
b. A bufferyard, as determined by subsection 1107.2003, shall be installed
and maintained along any property located adjacent to or abutting an "R"
Use District.
c. Separate pedestrian ways shall be constructed to allow for the separation
of pedestrian and vehicular movements within the parking lot.
d. All customer entrances to the use shall be located a minimum of 100 feet
from any property located in an "R" Use District. In the case of a multi -
tenant building, the entrance will be measured from the collective entrance.
In the case of an entrance with a vestibule, the most exterior customer
entrance door will be the point of measurement.
e. If the building housing the use is located less than 100 feet from an R -1
Use District, the following additional conditions shall be met:
D Liquor shall only be served from the hours of 7 am to 10 pm on Sunday
through Thursday and from 7 am to 11 pm on Friday, Saturday, and
holidays.
City of Prior Lake
June 1, 2009 1102/p7
Zoning Ordinance
D Garbage and refuse collection shall be limited to the hours of 7 am to
7pm Monday through Saturday and 9 am to 12 noon on Sunday, as
specified in subsection 601.305.
D All customer entrances to the use shall be through a vestibule area with
an inside and outside door.
D A Bufferyard E shall be installed and maintained along the property
adjacent to the R -1 Zoning District. If the R -1 and C -2 uses are
separated by a major collector or arterial roadway, the Bufferyard E is
not required. Additional screening material (example: additional
quantity and increased size of coniferous trees), berming, and a solid
fence or wall may be required where additional screening is found
necessary as part of the Conditional Use Permit.
D No outdoor amplified music, public address system, or outdoor special
event is permitted.
(Ord. Amd. 111 -02, publ. 02/12/11)
(6) Shopping Centers Over 150,000 Square Feet of Gross Floor Area. Provided:
a. The shopping center must conform to all of the conditions for shopping
centers less than 150,000 square feet of gross floor area.
Ord. Amd. 109 -08, publ. 06/06/09
b. In- vehicle sales or service shall only be permitted when it can be
demonstrated that their operation will not have an adverse effect on the
internal circulation of the shopping center, or reduce the level of service to
a lower level of nearby street and intersections. The use must also comply
with the following conditions:
D Drive - through facilities and stacking areas shall not be located adjacent
to any "R" Use District.
D A bufferyard, Type B as defined in Subsection 1107.2005, shall be
provided between drive - through facilities and stacking areas and
adjacent streets and properties.
D Stacking shall be provided for a minimum of 6 cars per customer
service point.
D Stacking shall be prohibited on public streets, in fire lanes, and in areas
that interfere with on -site vehicular and pedestrian circulation.
c. Outdoor sales /display, other than permitted in Subsection 1101.510(3),
shall only be permitted when it can be demonstrated that such use can be
aesthetically integrated into the site design and must comply with the
conditions set forth in Section (a) above and the following additional
conditions:
D The size of the outdoor sales /display area(s) may be no greater than
30% of the ground floor building area of the associated principal
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uses(s) and may be further restricted as deemed appropriate to the
scale of the Shopping Center and associated indoor uses.
➢ A masonry wall shall be required around the entire outdoor
sales /display area and shall utilize the same exterior materials as the
principal building; landscaping may also be required to supplement the
appearance of the wall and diminish views of the area from surrounding
properties.
➢ No outdoor sales /display items other than plant materials may extend
above the height of the wall.
➢ Any temporary or permanent buildings associated with the outdoor
sales /display area must be architecturally integrated with the principal
building(s) and approved as part of the Conditional Use Permit.
d. All stores that provide shopping carts must include interior and exterior cart
storage areas; areas within parking lots for the temporary storage of
shopping carts must be separated from parking spaces by curbed,
landscaped islands and shall not include metal "cart corrals ". Other outdoor
shopping cart storage areas must be screened utilizing architectural
screening of the same exterior materials as the principal building.
e. Shopping centers shall reserve at least 10% of required parking spaces as
landscaped open space for a minimum of two years after issuance of the
Certificate of Occupancy. At any time during the first two years or
thereafter, such proof of parking open space shall be converted to parking
if the Zoning Administrator finds that such parking is necessary based upon
evidence of overflow parking on public streets, on neighboring off -site
properties, in fire lanes, or in other on -site areas that are not striped for
parking. This requirement may be waived by the City Council if open space
in excess of the minimum requirements is provided in other areas of the
site. After 2 years, the proof of parking open space may be converted to
parking if deemed necessary by the property owner(s).
f. Cumulative parking requirements may be reduced up to 30% of required
spaces at the sole discretion of the City Council if one or more of the
following are provided:
➢ Proof of parking areas in excess of minimum required to be set aside
as open space;
➢ Agreement to construct parking ramps or other means of satisfying
parking requirements when and if warranted as determined by the
Zoning Administrator based upon evidence of overflow parking on
public streets, on neighboring off -site properties, in fire lanes, or in
other on -site areas that are not striped for parking;
➢ Joint parking /shared parking arrangements between uses;
➢ Off -site employee parking, employee car /van pooling, and /or provision
of employee transit passes.
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➢ Superior transit, pedestrian, and /or bicycle access and bicycle parking.
g. All trash handling and loading areas must be interior or utilize architectural
screening consisting of the same exterior facing materials as the principal
building.
h. Truck circulation and loading areas must be separated from streets and
properties adjoining the site by a bufferyard. Single use buildings over
10,000 square feet and multiple use buildings over 15,000 square feet that
are constructed after adoption of this Ordinance must utilize a landscaped
bufferyard that is a minimum of 40 feet in width in order to satisfy this
requirement. Such bufferyard must include a minimum 5 feet tall berm
along its entire length, a double row of evergreen trees that are each a
minimum of 8 feet tall at planting and spaced no more than 25 feet apart,
and deciduous trees interspersed with the evergreen plantings.
Buildings must utilize at least 60% brick, marble, granite or other natural
stone on each building face and no more than 10% Class III materials on
any building face that is visible from public areas within the PUD or from
off -site.
j. Shopping centers must visually integrate all buildings by utilizing some of
the same exterior materials and architectural elements such as roof pitch
and window treatments.
k. Buildings and additions to existing buildings may not exceed the unbroken
building wall length to height ratio of 3:1; if the 3:1 ratio is used, each
building wall deviation must be a minimum depth of 2 feet; if a 2:1 building
wall length to height ratio is used, the depth of each building wall deviation
may be reduced to 1 foot.
Buildings and additions to existing buildings must utilize parapet walls to
completely screen rooftop equipment from ground level view and must
paint rooftop equipment to match the color of the roof in order to minimize
the visual impact as viewed from other buildings.
m. Shopping centers must include sidewalks along all public street right -of-
ways as deemed appropriate and on -site pedestrian connections that are
separated from parking areas by curbed, landscaped islands which have a
minimum width of 20 feet inclusive of sidewalk.
n. Shopping centers must provide either outdoor or indoor public plaza(s).
Public plazas must have a minimum size of 10% of the total ground floor
building area of the shopping center (including outdoor sales building area)
and shall contain landscaping, walkways, benches, and a feature element
such as a fountain or clock tower. Interior mall "food courts" are not
included in public plaza areas. Outdoor public plazas shall be designed to
break up large areas of parking and shall be accessible via landscaped
pedestrian islands described in condition (m) above.
o. The shopping center shall comply with all other applicable Code provisions
unless specifically modified by the conditions listed above.
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p. The minimum lot area for shopping centers constructed under this Section
is 7 acres.
(7) Convention / Exhibition Halls. Conditions:
a. All buildings, structures, and truck maneuvering areas shall be located a
minimum of 100 feet from any lot lines abutting property in an "R" Use
District.
b. All loading shall be done within a structure or in an area screened from
view with a wall of the same material as the building. Truck maneuvering
areas shall be completely screened as required by Subsection 1107.309
(6).
c. A bufferyard, as determined by Subsection 1107.2003, shall be provided
along all lot lines abutting property in an "R" Use District.
(8) Outdoor Sales (Display). Conditions:
a. A bufferyard, as determined by Subsection 1107.2003, shall be provided
and maintained along all property lines abutting property located within an
"R" Use District.
b. No public address system shall be audible from any property located in an
"R" Use District.
c. The site shall be kept neat and orderly.
d. The use shall not be permitted within any required yard, bufferyard or
landscaped area.
e. This use shall be located a minimum of 100 feet from any property located
in an "R" Use District.
f. The operator of the use shall not sell or trade exclusively in used
merchandise, but shall have at least 1/3 of its stock on the site in new,
unused merchandise.
g. All open sales or rental lots shall be operated in conjunction with a business
operated in a building or buildings in which the same or similar materials
are displayed and offered for sale as those displayed on the open sales or
rental lot.
h. The entire site other than that used or required to be used for building,
yard, bufferyard, or landscaping shall be surfaced in blacktop or paving.
i. All paved areas shall be graded, designed, and landscaped as required by
Subsection 1107.200.
j. String lighting shall be prohibited.
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k. The area of open sales or rental lot used for storage and display of
merchandise shall not exceed 2 square feet for every 1 square foot of
building on the site devoted to the same or similar use or accessory use.
I. A bufferyard Type B, as defined in Subsection 1107.2005, shall be installed
and maintained along all public ways.
(9) Private Entertainment (Indoor). Conditions:
a. The structure in which the use is conducted shall be located a minimum of
60 feet from any "R-1", "R -2 ", or "R -3" Use District.
b. A bufferyard, as determined by Subsection 1107.2003, shall be provided
along all property located within an "R" Use District.
(10) Marinas. Conditions:
a. A bufferyard Type C, as defined in Subsection 1107.2005, shall be
constructed along the property line where it abuts property residentially
used or if it abuts any "R" Use District.
b. Lake Service Signs, as regulated by Subsection 1107.809, are permitted.
c. Lighting shall be provided for safety and security only, and shall not be
directed at the lake or at adjacent properties. Lights for parking lots,
building and dock identification may have no more than 0.5 foot candles at
the property line or at the edge of the dock structure furthest from the
shore.
d. Boat tours are permitted between the hours of 8:00 am. and 10:00 pm.
e. One parking space for each 4 boat slips must be provided. If tour boats
are based at the marina, an additional 1 parking space for each 4 seats on
the boat is required.
f. Retail sales are limited to motors, parts, bait, equipment, gas and oil, and
accessories. On -site preparation and sale of food and beverages is
allowed, subject to the other provisions of the Zoning Ordinance, including,
but not limited to, parking, lighting, signage hours of operation.
g. Rental of boats and boat and motor repair may be permitted as an
accessory use to the marina, provided the space devoted to this accessory
use is limited to 50% of the floor area of the principal use.
(11) Animal Handling. Conditions:
a. No animals shall be kept outside the building, or be otherwise located,
which cause offensive odor or noise discernible at the property line of the
lot on which the activity is conducted.
b. Where animals are boarded, the facility shall be located a minimum of 100
feet from abutting properties in an "R" Use District.
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(12) Adult Uses. (Conditions listed in Section 1111).
(13) Alternative School. Conditions:
a. A student transportation and parking plan shall be submitted demonstrating
that parking needs will be met for all tenant space.
b. An adult over the age of 21 shall be on the premises during hours of
operation in a supervisory capacity.
c. A pedestrian plan shall be provided in order to maintain vehicular and
pedestrian safety.
d. Outdoor areas intended for group activities shall be located at least 25 feet
from any lot in an "R" Use District and shall be buffered from such residential
lot with a buffer yard, Type C as described in Subsection 1107.2005.
24 4 Uses Permitted by Interim Use Permit. No structure or land in any "C 2" District
-- - e -- e - - - - - ccpt by Interim Usc Permit. These uses
_ . .. - -- -••••• rcial Performance Standards of Subsection
1102.1300, thc requirements of all thc general conditions provided in
- .'- . - e S la .. _ -
this- Subsection and with any conditions the Planning Commission and City
of residents within the City to maintain thc characteristics of a neighborhood.
{2) Alternative School. Conditions:
a. A student transportation and parking plan shall be submitted demonstrating
b. An adult over thc agc of 21 shall be on the premises during hours of
operation in a supervisory capacity.
c. A pedestrian plan shall be provided in order to maintain vehicular and
pedestrian safety. • e. e_ - -- - . - - - -- - - - -- - - - e . -_ _ --
lot with a buffer yard, Type C as described in Subsection 1107.2005.
{Ord. Amd. 109 11, publ. 7/11/09)
1102.11045 Accessory Uses. The following uses shall be permitted accessory uses in a "C-
2" General Business Use District:
➢ Warehouse /Storage provided that the storage does not occupy more than
40% of the gross floor area of the site. No warehouse /storage area shall
exceed 20,000 square feet.
➢ On site Parking Lots which comply with the requirements of Subsection
1107.200.
➢ Helistops if the helistop is subordinate to the principal use in area, extent, and
purpose. The helicopter pad must be dust free and screened from view and
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take off and landings shall not be over residential areas. Hours of operation
shall be limited to 7:00 a.m. to 9:00 p.m., excluding emergency operations.
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