Ch11.§3-7 · City of Nowthen public records

A. Intent: The general intent of this district is to accommodate those farmers willing to make long term commitments to agricultural operations. This district is intended to contain those areas of the City of Nowthen where, because of the land capability, and the capital investment in farming operations, it is necessary to preserve, promote, maintain, and enhance the use of land for long term agricultural purposes and to protect such land from encroachment by non-agricultural uses, structures, or activities. This District is being made available to assist individual farmers in the RRA District that may wish to make long term commitments to continued agricultural operations. B. Permitted Uses: The following shall be permitted uses by right: 1\. Any and all forms of commercial agricultural and commercial horticulture as defined by this Chapter. 2\. Feed lots and farm operations. 3\. Farm buildings and accessory structures. 4\. Forestry and lumber mills. 5\. Farm drainage and irrigation systems. 6\. Grazing and gardening. 7\. Single family dwelling units. 8\. Home occupations as provided for in this Chapter. C. Conditional Uses: 1\. None are provided for. D. Interim Uses: 1\. None are provided for. E. Prohibited Uses and Structures: All other uses and structures which are not specifically permitted as of right or by conditional use permit shall be prohibited in the LTA (long Term Agriculture District). F. Minimum Lot Size: 1\. For inclusion in this District: Forty (40) acres.   2\. Gross density per dwelling units: One (1) per one-fourth (1/4) quarter section. ## G. Minimum Setback Dimensions Requirements: 1\. Front yard structure setback from: a. Local streets: One hundred twenty (120) feet from the center line. b. Collectors and arterial streets: One hundred fifty (150) feet from the centerline. 2\. Side yard setback: Twenty (20) feet from lot line. 3\. Rear yard setback: Thirty-five (35) feet from lot line. 4\. Side yard setback from: a. Local Streets: One hundred twenty (120) feet from the centerline. b. Collectors and arterial Streets: One hundred fifty (150) feet from the centerline. (Ordinance #3, adopted November 9, 2010) 11-3-8: C-1 -- COMMERCIAL DISTRICT: A. Intent: This district is intended for application in the vicinity of the intersections of arterial and collector roadways where significant traffic currently exists. The intent of this district is to encourage or accommodate retail, service and office commercial land uses and to prohibit new or expanded residential use in areas so guided by the Comprehensive Plan. B. Permitted Uses: The following shall be permitted by right: 1\. Bank, savings and loan, savings credit unions and other financial institutions. 2\. Commercial recreation. 3\. Day care facilities. 4\. Funeral homes and mortuaries. 5\. Governmental and public utility buildings and structures; City of Nowthen only.   6\. Hotels. 7\. Instructional classes. 8\. Nurseries, greenhouses and landscape businesses. 9\. Office businesses. 10\. Public parking lots. 11\. Public parks and playgrounds, City of Nowthen only. 12\. Restaurants, general with on- and off-sale liquor. 13\. Retail businesses. 14\. Service Businesses, on and off site. 15\. Lower Potency Hemp Edible Retailer C. Conditional Uses: All conditional uses shall be reviewed and allowed in accordance with the standards of Section 10 of this Chapter subject to those performance standards outlined herein any additional stipulations determined to be necessary and reasonable by the City Council to meet the criteria outlined in Section 10 of this Chapter. 1\. Any of the uses identified as allowed within the C-1 District that would be projected to generate a wastewater flow of one thousand (1,000) gallons per day. 2\. Automobile repair, major and minor provided that: a. The entire area other than occupied by buildings or structures or planting shall be surfaced with bituminous material or concrete which will control dust and drainage. The entire area shall have a perimeter curb barrier, a stormwater drainage system and is subject to the approval of the City Engineer. b. The hours of operation shall be between seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. unless extended by the approval of the City Council. C. All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulate matter so that the   use shall be in compliance with Minnesota Pollution Control Standards as amended. d. The emission of odor by a use shall be in compliance with and regulated by the Minnesota Pollution Control Standards, Minnesota Regulation APC, as amended. e. All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota uniform fire code. f. All outside storage, including the storage of damaged vehicles, vehicles being repaired, vehicle parts and accessory equipment shall be completely screened from view of adjacent properties or the public right-of-way or shall be completely inside a principal or accessory building. g. Sale of products other than those specifically mentioned in this Section shall be subject to approval as part of the conditional use permit. 3\. Convenience food establishments, provided that: a. Hours: The hours of operation shall be limited to five o'clock (5:00) A.M. to eleven o'clock (11:00) P.M., unless extended by the City Council as part of the conditional use permit. b. Dust Control and Drainage: The entire area other than occupied by buildings, structures or plantings shall be surfaced with asphalt, concrete, cobblestone, or paving brick to control dust and drainage, which is subject to review and approval of the City Engineer. C. Exterior Lighting: The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way. A comprehensive lighting plan shall be submitted as part of the conditional use permit application, and shall be subject to the following performance standards: (1) Lighting at the periphery of the site and building shall be directed downward, and individual lights shall not exceed fifteen (15) foot-candles at ground level. (2) Maximum site illumination shall not exceed one foot-candle at ground level when measured at any property line.   (3) Except for allowed wall signage the building fascia shall not be illuminated. d. Access: Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. e. Drive-Through Windows: Service windows shall be allowed if the following additional criteria are satisfied: (1) Stacking: Not less than one hundred eighty (180) feet of segregated automobile stacking lane must be provided for the service window. (2) Traffic Control: The stacking lane and its access must be designed to control traffic in a manner to protect the pedestrians, buildings and green area on the site. (3) Use of Street: No part of the public street or boulevard may be used for stacking of automobiles. f. Circulation and Loading: The site design must accommodate adequate turning radius and vertical clearance for a semitrailer truck. Designated loading areas must be exclusive of off street parking stalls and drive aisles and shall not cause conflicts with customer vehicles and pedestrian movement. A site plan must be provided to illustrate adequate turning radius, using appropriate engineering templates. g. Pedestrian Traffic: (1) An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. In front of the principal structure, the pedestrian sidewalk must be a minimum of five (5) feet wide and clear of any obstacle or impediment. (2) A continuous and permanent concrete curb not less than six (6) inches above grade shall separate internal sidewalks for pedestrian traffic from motor vehicle areas. h. Noise: The stacking lane, order board intercom, and service window shall be designed and located in such a manner as to minimize automobile and communication noises, emissions, and headlight   glare upon adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site. 4\. Essential services involving transmission pipelines and transmission or substation lines in excess of 33kV and up to 100kV. 5\. Governmental and public utility buildings and structures; other than City of Nowthen. 6\. Motor vehicle fuel sales with or without convenience grocery and/or prepared food provided that: a. Motor Fuel Facilities: (1) Motor fuel facilities shall be installed in accordance with State and City standards. (2) Adequate space shall be provided to access fuel pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. (3) Fuel pumps shall be installed on pump islands and must comply with the following performance standards: (a) Pump islands must be elevated six (6) inches above the traveled surface of the site. (b) All pump islands must be set at least thirty (30) feet back from any property line. Additionally, the setback between the pump islands curb face must be at least twenty-four (24) feet. b. Hours: Hours of operation (including 24-hour automated fuel pump service) shall be limited to five o'clock (5:00) A.M. to eleven o'clock (11:00) P.M. unless extended by the City Council as part of the conditional use permit. C. Canopy: A protective canopy structure may be located over the pump island(s), as an accessory structure. The canopy shall meet the following performance standards:   (1) The edge of the canopy shall be twenty (20) feet or more from the front and/or side lot line, provided that adequate visibility both on-site and off-site is maintained. (2) The canopy shall not exceed eighteen (18) feet in height and must provide fourteen feet (14) feet of clearance to accommodate a semitrailer truck passing underneath. (3) The canopy fascia shall not exceed three (3) feet in vertical height. (4) Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the bottom face of the canopy. Total canopy illumination may not exceed one hundred fifteen (115) foot- candles below the canopy at ground level. The fascia of the canopy shall not be illuminated. (5) The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site. (6) Signage may be allowed on a detached canopy in lieu of wall signage on the principal structure, provided that: (a) The individual canopy sign does not exceed more than twenty percent (20%) of the canopy facade facing a public right-of-way. (b) The canopy fascia shall not be illuminated, except for permitted canopy signage. (7) Canopy posts/sign posts shall not obstruct traffic or the safe operation of the gas pumps. d. Dust Control and Drainage: (1) The entire site other than taken up by a building, structure, or plantings shall be surfaced with asphalt, concrete, cobblestone or paving brick. Plans for surfacing and drainage shall be subject to approval of the City Engineer. (2) Drainage from all fueling areas shall be directed to an oil/grit separator. Minimum design standards for the oil/grit separator shall include the following:   (a) A minimum of four hundred (400) cubic feet of permanent pool storage capacity per acre of drainage area. (b) A minimum pool depth of four (4) feet. (c) A minimum oil containment capacity of eight hundred (800) gallons. (d) Minimum maintenance/inspection of two (2) times per year and/or after measurable spill events. A measurable spill shall be defined by the Minnesota Pollution Control Agency (MPCA). Any measurable spill event must be reported to the MPCA. e. Landscaping: Where lots abut residentially zoned property, a buffer yard of not less than twenty (20) feet wide shall be landscaped and screened in compliance with this Chapter. f. Exterior Lighting: The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with this Chapter. A comprehensive lighting plan shall be submitted as part of the conditional use permit application, and shall be subject to the following performance standards: (1) Perimeter Lighting: Lighting at the periphery of the site and building shall be directed downward, and individual lights shall not exceed fifteen (15) foot-candles at ground level. (2) Illumination: Maximum site illumination shall not exceed one foot-candle at ground level when measured at any property line. g. Access: Vehicular access points shall create a minimum of conflict with through traffic movement. h. Circulation and Loading: The site design must accommodate adequate turning radius and vertical clearance for a semitrailer truck. Designated loading areas must be exclusive of off-street parking stalls and drive aisles. A site plan must be provided to illustrate adequate turning radius, using appropriate engineering templates. i. Pedestrian Traffic:   (1) An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. In front of the principal structure, the pedestrian sidewalk must be a minimum of five (5) feet wide and clear of any obstacle or impediment. (2) A continuous and permanent concrete curb not less than six (6) inches above grade shall separate internal sidewalks for pedestrian traffic from motor vehicle areas. j. Noise: Public address system shall not be audible at any property line. Play of music or advertisement from the public address system is prohibited. k. Outside Sales and Service: Outside sales and service shall be allowed on a limited basis, provided that: (1) Site Plan: Areas for outdoor sales and services shall be clearly indicated on the site plan and reviewed at the time of application for a conditional use permit. No outdoor sales or services shall be allowed outside of those areas so designated on the approved site plan without approval of an amended conditional use permit. (2) Location: Outdoor sales and services shall be located upon a concrete or asphalt surface and shall not encroach into any required principal building setback, required parking stall, drive aisle, or pedestrian sidewalk required by this section, or otherwise impede vehicle and pedestrian circulation. (3) Outdoor Sales: (a) The area devoted to outdoor sales shall not exceed five percent (5%) of the gross floor area of the principal building or two hundred (200) square feet, whichever is less. (b) The height of sales displays shall not obstruct any window or otherwise impair a clear view of the pump islands from the cashier station within the building. In no case shall the sales display exceed five feet (5') in height. (4) Outdoor Services: Outdoor services shall be limited to the following uses:   (a) Public phones, compressed air service or automobile vacuum areas may encroach into a required yard as long as they do not interrupt on site traffic circulation, do not occupy required parking stalls, and are not located in a yard abutting residentially zoned property. (b) Propane sales limited to twenty (20) pound capacity tanks may be located outside provided the propane tanks are secured in a locker and meet all state uniform building and fire codes. (c) Freezers for ice products subject to the area and location requirements of this section. l. Signs: A comprehensive sign plan must be submitted as part of a conditional use permit application illustrating the location and area of all signs to be installed on-site. 7\. Multiple principal buildings on one lot of record, provided that: a. Base Lot Requirements: The base lot shall conform to the minimum lot area, lot width, and setback requirements of this Section. b. Setbacks: Setbacks between multiple principal buildings within the same base lot shall be a minimum of twenty (20) feet. C. Common Areas: All common areas including, but not limited to, open space, wetlands, greenways, drainage ponds, driveways, parking areas, sidewalks, etc., shall be maintained in one of the following ways: (1) All of the property including buildings and common areas shall be owned by a single entity. (2) Condominium ownership pursuant to Minnesota statutes 515A.1-106. (3) The property shall be divided into a base lot and unit lots to allow for individual ownership of the principal buildings or individual tenant spaces within the principal building, with each owner of a unit lot having an equal and undivided interest in the common area, subject to the following requirements: (a) The tenant space related to each unit lot shall have an exclusive exterior entrance.   (b) A management association shall be established for all commercial developments with multiple principal buildings subdivided in a base lot/unit lot configuration that is to be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of driveways and parking areas, subject to review and approval of the City Attorney. d. Utilities: All utilities including telephone, electricity, gas, and telecable shall be installed underground. Exterior utility meters and fixtures shall be located in interior side or rear yards when possible and shall be screened from view of adjacent properties and the public right-of-way. 8\. Pet shops which may include pet grooming, pet supplies, and/or pet accessories, and veterinary clinics provided that: a. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties or tenants in the case of multiple occupancy buildings. b. Animal wastes are disposed at least once each day via an existing sewer system or enclosed in a container of sufficient construction at least once a day to minimize odors. C. The floors and walls of pet grooming and/or treatment areas are made of nonporous materials or sealed concrete to make them nonporous. d. All applicable requirements of the City Code regarding the keeping and care of animals are satisfactorily met. e. No commercial boarding or kenneling of animals shall be allowed unless expressly allowed by the conditional use permit. f. The breeding of cats and dogs is prohibited unless expressly allowed by the conditional use permit. g. All applicable provisions o Minnesota statutes sections 346.35 through 346.58 regarding the commercial keeping and care of animals are satisfactorily met. h. All animals to be sold are acquired from a licensed animal broker.   D. Interim Uses: All interim uses shall be reviewed and allowed in accordance with the standards of Section 10 of this Chapter, shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with Section 10 of this Chapter and subject to those performance standards outlined herein any additional stipulations determined to be necessary and reasonable by the City Council to meet the criteria outlined in Section 10 of this Chapter. 1\. Any and all forms of agriculture and horticulture as defined by this Chapter existing on October 11, 2011 provided that: a. Once converted to an allowed commercial use in conformance with the requirements of this Chapter, the interim agricultural use shall not be re-established. 2\. Farm buildings and accessory structures existing on October 11, 2011 provided that: a. Once converted to an allowed commercial use in conformance with the requirements of this Chapter, the interim farm building shall not be re-established. 3\. Outdoor service, sale and rental as a principal or accessory use, provided that: a. Outside services, sales and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. b. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district. c. Sales area is surfaced with asphalt, concrete or pavers to control dust. d. The use does not take up parking space as required by this Chapter. 4\. Outdoor storage as a principal or accessory use, provided that: a. The storage area is fenced and screened from view of neighboring residential uses, abutting residential districts and the public right-of- way. b. The storage area is surfaced with asphalt, concrete or pavers to control dust.   ## C. The storage area does not take up parking space as required by this Chapter. 5\. Residential uses existing as of October 11, 2011 shall be designated as interim uses provided that: a. Existing residential uses may continue and may be enlarged or expanded upon provided that the uses maintain compliance with all other provisions of this Chapter applicable to such residences. (Ordinance 2014-01, adopted February 11, 2014) b. Not more than one (1) principal use shall be allowed upon the property. C. Commercial uses as provided for within the C-1 District shall not be allowed until such time as the interim residential use ceases and the property complies with all requirements of this Chapter applicable to commercial uses; once converted to an allowed commercial use in conformance with the requirements of this Chapter, the residential use shall not be re-established, except by approval of an interim use permit subject to the following conditions: (Ordinance 2015-01, adopted March 10, 2015) (1) Commercial use of the residential structure was established prior to March 10, 2015; (2) If the residential use is not the only principal use of the property, a Conditional Use Permit is processed according to Section 11-3-8.C.7 to allow for multiple principal uses on a single property; (3) The residential use shall be located upon a lot that complies with the minimum requirements of the C-1 District; (4) The residential use may only be re-established once per property or structure. 6\. Wireless communication antennas as regulated by this Chapter. 7\. Housing Shelters, Nursing Homes (Ordinance 2013-09, adopted December 10, 2013) 8\. Bed and Breakfast Facilities and Craft Houses within residential structures currently in existence, provided:   a. Residential structures are not enlarged or expanded upon and are located on a minimum of one (1) acre. b. When four (4) or more beds are available for rent, a State of Minnesota lodging license is obtained. C. A maximum of ten (10) guestrooms are established that meet the State guidelines for lodging licensing. The number of guestrooms permitted shall be based on the square footage requirements of the City's adopted building standards for bedrooms and the standards of the State lodging license. d. A registration ledger shall be kept for a minimum of three (3) years or as otherwise required by State law, whichever is greater, and shall be made available to the Code Enforcement Officer or Zoning Administrator upon request. e. C-1 District permitted uses may be allowed in association with the residential structure, provided off-street parking and loading areas can be accommodated. f. The structure shall comply with the City's minimum residential structure size requirements in Section 11-4-13 of this Chapter. g. Overnight guests shall be limited exclusively to those persons registered as a lessee at the facility. h. Small group gatherings or meetings may be allowed as part of an approved Interim Use Permit provided the gathering area is large enough to meet building occupancy standards and parking can be accommodated on site. i. When food service is provided to the renters by the building's owner, caterer, hired cook, or anyone other than the person(s) contracted to rent the craft house, a State of Minnesota food service license shall be obtained. j. Parking shall be subject to established parking design requirements of the underlying zoning district provided for in Section 11-6 of this Chapter. k. Signs conform to regulations established in Section 11-7 of this Chapter. l. A site survey and detailed floor plan shall be submitted with the requested IUP, Interim Use Permit.   m. All Interim Use Permits shall be reviewed annually by the Zoning Administrator. If violations of City ordinances, building code, or conditions of approval are found, or valid complaints are received from adjacent or nearby property owners, the Zoning Administrator may require that the IUP be reviewed according to Section 11-10 of this Chapter. n. The facility complies with all health, safety, building and fire codes as may be required or applicable. (Ordinance 2013-09, adopted December 10, 2013) 9\. Cannabis Retail Business provided that: a. Shall have appropriate license or endorsement from the State of Minnesota Office of Cannabis Management for the products to be sold. b. Compliance with State license requirements shall be maintained at all times. c. Shall be located a minimum of 1000 feet from any school as measured from the building in which the cannabis retail business is located to the property line of the school. d. Shall be located a minimum of 500 feet from any daycare or residential treatment facility as measured from the building in which the cannabis retail business is located to the property line of the property on which the daycare or residential treatment facility is located. e. Shall be located at least 500 feet from any attraction within a public park that is regularly used by minors, including a playground or athletic field, measured from the building in which the cannabis retail business is located to the attraction. f. Pursuant to Minn. Stat. 462.357 subd. 1e, nothing in clauses ( c)-( e) above shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school, daycare, residential treatment facility, or attraction within a public park that is regularly used by minors moves within the minimum buffer zone. g. Retail sale of cannabis, cannabis flower or cannabis products by a Cannabis Retail Business shall be limited to between the hours of 10 a.m. and 9 p.m. h. As a condition of any Interim/Conditional Use Permit, the permit holder shall comply with Minnesota Administrative Rules, Chapter 9810,   including but not limited to the security requirements set forth in Minnesota Rule 9810.1500, as the same may be amended from time to time. Minnesota Administrative Rules, Chapter 9810, including Rule 9810.1500, are incorporated herein for purposes of establishing conditions of the permit. The City may, through its employees or law enforcement, determine whether a violation of such rules has occurred for purposes of enforcing this permit at the City level. E. Permitted Accessory Uses: In addition to other uses specifically identified elsewhere in this Chapter, the following are permitted accessory uses: 1\. Buildings and structures for a use accessory to the principal use but such use shall not exceed thirty percent (30%) of the gross floor space of the principal use. 2\. Fences. 3\. Off-street parking as regulated by this Chapter, but not including semitrailer trucks, except in designated loading areas not to exceed four (4) hours. 4\. Sexually oriented uses, accessory. 5\. Signs as regulated by this Chapter. F. Minimum Lot Size: One (1) acre. G. Minimum Lot Frontage: The minimum lot frontage shall be fifty (50) feet on a public street from which direct access to the property is provided. H. Minimum Lot Dimensions: 1\. For any existing residential use as of October 11, 2011, the minimum lot width shall be three hundred (300) feet as measured at the building setback line. 2\. For other uses, the minimum lot width shall be one hundred sixty-five (165) feet as measured along the front building setback line. I. Setbacks: 1\. Front yard, side yard abutting a public right-of-way of a corner lot or rear yard of a through lot: The minimum building setback shall be the greater of: <table> <tr> <th rowspan="2">Functional Classification</th> <th colspan="2">Minimum Setback</th> </tr> <tr> <th>From Centerline</th> <th>From Property Line</th> </tr> </table>   <table> <tr> <td>Local Street (City Street)</td> <td>70 feet*</td> <td>30 feet*</td> </tr> <tr> <td>Local Street (County Road)</td> <td>90 feet*</td> <td>30 feet*</td> </tr> <tr> <td>Collector or Arterial Street</td> <td>150 feet</td> <td>75 feet</td> </tr> </table> *In cases where a public trail easement has been established abutting a street right-of-way, the easement width shall be added to the required setback from the property line or centerline of the roadway. (Ordinance 2014-03, adopted March 11, 2014) 2\. Side yard setback: Twenty (20) feet. 3\. Rear yard setback: Thirty-five (35) feet. 4\. Parking: The minimum setback from lot line to any vehicle parking or driving area shall be ten (10) feet. J. Maximum Structure Height: Thirty-five (35) feet (Ordinance #38, adopted October 11, 2011; Ordinance 2013-04, adopted April 9, 2013) 11-3-9: I-1-- INDUSTRIAL DISTRICT: A. Intent: This district is intended is to provide specifically for the regulation of light manufacturing, and warehousing uses located within areas guided for industrial land uses by the Comprehensive Plan. B. Permitted Uses: The following shall be permitted by right: 1\. Auto repair, minor. 2\. Building materials sales. 3\. Commercial printing establishments. 4\. Compounding, assembly, packaging, treatment, or storage of products and materials except waste 5\. Governmental and public utility buildings and structures; City of Nowthen only. 6\. Laboratories, research and development facilities. 7\. Manufacturing.   8\. Offices. 9\. Warehousing including self-storage facilities. 10\. Wholesale businesses. C. Conditional Uses: All conditional uses shall be reviewed and allowed in accordance with the standards of Section 10 of this Chapter subject to those performance standards outlined herein any additional stipulations determined to be necessary and reasonable by the City Council to meet the criteria outlined in Section 10 of this Chapter. 1\. Any of the uses identified as allowed in the I-1 District that would be projected to generate a wastewater flow of one thousand (1,000) gallons per day or more. 2\. Accessory, enclosed retail, rental or service activity other than that allowed as a permitted use or conditional use within the I-1 District, provided that: a. Such use is allowed in a C-1 District. b. Such use does not constitute more than thirty (30) percent of the lot area and not more than fifty (50) percent of the gross floor area of the principal use. 3\. Automobile repair, major provided that: a. The entire area other than occupied by buildings or structures or planting shall be surfaced with bituminous material or concrete which will control dust and drainage. The entire area shall have a perimeter curb barrier, a stormwater drainage system and is subject to the approval of the City Engineer. b. The hours of operation shall be between seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. unless extended by the approval of the City Council. C. All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulate matter so that the use shall comply with Minnesota Pollution Control Standards as amended. d. The emission of odor by a use shall be in compliance with and regulated by the Minnesota Pollution Control Standards, Minnesota Regulation APC, as amended.   e. All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota uniform fire code. f. All outside storage, including the storage of damaged vehicles, vehicles being repaired and vehicle parts and accessory equipment shall be completely screened from view of adjacent properties or the public right-of-way or shall be completely inside a principal or accessory building. g. Sale of products other than those specifically mentioned in this Section shall be subject to approval as part of the conditional use permit. 4\. Commercial recreation facilities, provided that: a. A commercial recreational use shall not be located within a shared tenancy building containing a use classified as an "H" occupancy as defined by Minnesota state building code, as may be amended. b. In multiple occupancy buildings, a material safety data sheet (MSDS) shall be required identifying all materials stored or used in the operation of the tenant businesses. Any change in building tenants shall require that the MSDS be updated and provided to all other tenants in the multitenant building. C. A commercial recreational use in a shared tenancy building shall have its own exterior entrance and exit. d. Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. 5\. Daycare facilities as a principal or accessory use. 6\. Essential services involving transmission pipelines and transmission or substation lines in excess of 33kV and up to 100kV. 7\. Governmental and public utility buildings and structures; other than City of Nowthen. 8\. Motor vehicle fuel sales, including truck stops, with or without convenience grocery and/or prepared food provided that: a. Motor Fuel Facilities:   (1) Adequate space shall be provided to access fuel pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. (2) Fuel pumps shall be installed on pump islands and must comply with the following performance standards: (a) Pump islands must be elevated six (6) inches above the traveled surface of the site. (b) All pump islands must be set at least thirty (30) feet back from any property line. Additionally, the setback between the pump islands curb face must be at least twenty-four (24) feet. b. Hours: Hours of operation (including 24-hour automated fuel pump service) shall be limited to five o'clock (5:00) A.M. to eleven o'clock (11:00) P.M. unless extended by the City Council as part of the conditional use permit. C. Canopy: A protective canopy structure may be located over the pump island(s), as an accessory structure. The canopy shall meet the following performance standards: (1) The edge of the canopy shall be twenty (20) feet or more from the front and/or side lot line, provided that adequate visibility both on-site and off-site is maintained. (2) The canopy shall not exceed eighteen (18) feet in height and must provide fourteen feet (14) feet of clearance to accommodate a semitrailer truck passing underneath. (3) The canopy fascia shall not exceed three (3) feet in vertical height. (4) Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the bottom face of the canopy. Total canopy illumination may not exceed one hundred fifteen (115) foot- candles below the canopy at ground level. The fascia of the canopy shall not be illuminated.   (5) The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site. (6) Signage may be allowed on a detached canopy in lieu of wall signage on the principal structure, provided that: (a) The individual canopy sign does not exceed more than twenty percent (20%) of the canopy facade facing a public right-of-way. (b) The canopy fascia shall not be illuminated, except for permitted canopy signage. (7) Canopy posts/sign posts shall not obstruct traffic or the safe operation of the gas pumps. d. Dust Control and Drainage: (1) The entire site other than taken up by a building, structure, or plantings shall be surfaced with asphalt, concrete, cobblestone or paving brick. Plans for surfacing and drainage shall be subject to approval of the City Engineer. (2) Drainage from all fueling areas shall be directed to an oil/grit separator. Minimum design standards for the oil/grit separator shall include the following: (a) A minimum of four hundred (400) cubic feet of permanent pool storage capacity per acre of drainage area. (b) A minimum pool depth of four (4) feet. (c) A minimum oil containment capacity of eight hundred (800) gallons. (d) Minimum maintenance/inspection of two (2) times per year and/or after measurable spill events. A measurable spill shall be defined by the Minnesota Pollution Control Agency (MPCA). Any measurable spill event must be reported to the MPCA. e. Landscaping: Where lots abut residentially zoned property, a buffer yard of not less than twenty (20) feet wide shall be landscaped and screened in compliance with this Chapter.   f. Exterior Lighting: The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with this Chapter. A comprehensive lighting plan shall be submitted as part of the conditional use permit application, and shall be subject to the following performance standards: (1) Perimeter Lighting: Lighting at the periphery of the site and building shall be directed downward, and individual lights shall not exceed fifteen (15) foot-candles at ground level. (2) Illumination: Maximum site illumination shall not exceed one foot-candle at ground level when measured at any property line. g. Access: Vehicular access points shall create a minimum of conflict with through traffic movement. h. Circulation and Loading: The site design must accommodate adequate turning radius and vertical clearance for a semitrailer truck. Designated loading areas must be exclusive of off-street parking stalls and drive aisles. A site plan must be provided to illustrate adequate turning radius, using appropriate engineering templates. i. Pedestrian Traffic: (1) An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. In front of the principal structure, the pedestrian sidewalk must be a minimum of five (5) feet wide and clear of any obstacle or impediment. (2) A continuous and permanent concrete curb not less than six (6) inches above grade shall separate internal sidewalks for pedestrian traffic from motor vehicle areas. j. Noise: Public address system shall not be audible at any property line. Play of music or advertisement from the public address system is prohibited. k. Outside Sales and Service: Outside sales and service shall be allowed on a limited basis, provided that: (1) Site Plan: Areas for outdoor sales and services shall be clearly indicated on the site plan and reviewed at the time of application for a conditional use permit. No outdoor sales or   services shall be allowed outside of those areas so designated on the approved site plan without approval of an amended conditional use permit. (2) Location: Outdoor sales and services shall be located upon a concrete or asphalt surface and shall not encroach into any required principal building setback, required parking stall, drive aisle, or pedestrian sidewalk required by this section, or otherwise impede vehicle and pedestrian circulation. (3) Outdoor Sales: (a) The area devoted to outdoor sales shall not exceed five percent (5%) of the gross floor area of the principal building or two hundred (200) square feet, whichever is less. (b) The height of sales displays shall not obstruct any window or otherwise impair a clear view of the pump islands from the cashier station within the building. In no case shall the sales display exceed five feet (5') in height. (4) Outdoor Services: Outdoor services shall be limited to the following uses: (a) Public phones, compressed air service or automobile vacuum areas may encroach into a required yard as long as they do not interrupt on site traffic circulation, do not occupy required parking stalls, and are not located in a yard abutting residentially zoned property. (b) Propane sales limited to twenty (20) pound capacity tanks may be located outside provided the propane tanks are secured in a locker and meet all state uniform building and fire codes. (c) Freezers for ice products subject to the area and location requirements of this section. l. Signs: A comprehensive sign plan must be submitted as part of a conditional use permit application illustrating the location and area of all signs to be installed on-site. 9\. Multiple principal buildings on one lot of record, provided that:   a. Base Lot Requirements: The base lot shall conform to the minimum lot area, lot width, and setback requirements of this Section. b. Setbacks: Setbacks between multiple principal buildings within the same base lot shall be a minimum of twenty (20) feet. C. Common Areas: All common areas including, but not limited to, open space, wetlands, greenways, drainage ponds, driveways, parking areas, sidewalks, etc., shall be maintained in one of the following ways: (1) All of the property including buildings and common areas shall be owned by a single entity. (2) Condominium ownership pursuant to Minnesota statutes 515A.1-106. (3) The property shall be divided into a base lot and unit lots to allow for individual ownership of the principal buildings or individual tenant spaces within the principal building, with each owner of a unit lot having an equal and undivided interest in the common area, subject to the following requirements: (a) The tenant space related to each unit lot shall have an exclusive exterior entrance. (b) A management association shall be established for all commercial developments with multiple principal buildings subdivided in a base lot/unit lot configuration that is to be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of driveways and parking areas, subject to review and approval of the City Attorney. d. Utilities: All utilities including telephone, electricity, gas, and telecable shall be installed underground. Exterior utility meters and fixtures shall be located in interior side or rear yards when possible and shall be screened from view of adjacent properties and the public right-of-way. 10\. Veterinary clinics provided that: a. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties or tenants in the case of multiple occupancy buildings.   b. Animal wastes are disposed at least once each day via an existing sewer system or enclosed in a container of sufficient construction at least once a day to minimize odors. C. The floors and walls of pet grooming and/or treatment areas are made of nonporous materials or sealed concrete to make them nonporous. d. All applicable requirements of the City Code regarding the keeping and care of animals are satisfactorily met. e. No commercial boarding or kenneling of animals shall be allowed unless expressly allowed by the conditional use permit. f. The breeding of cats and dogs is prohibited unless expressly allowed by the conditional use permit. g. All applicable provisions o Minnesota Statutes sections 346.35 through 346.58 regarding the commercial keeping and care of animals are satisfactorily met. D. Interim Uses: All interim uses shall be reviewed and allowed in accordance with the standards of Section 10 of this Chapter shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with Section 10 of this Chapter and subject to those performance standards outlined herein any additional stipulations determined to be necessary and reasonable by the City Council to meet the Criteria outlined in Section 10 of this Chapter. 1\. Any and all forms of agriculture and horticulture as defined by this Chapter existing on October 11, 2011 provided that: a. Once converted to an allowed industrial use in conformance with the requirements of this Chapter, the interim agricultural use shall not be re-established. 2\. Farm buildings and accessory structures existing on October 11, 2011 provided that: a. Once converted to an allowed industrial use in conformance with the requirements of this Chapter, the interim farm building shall not be re-established. 3\. Outdoor service, sale and rental as a principal or accessory use, provided that:   a. Outside services, sales and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. b. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district. C. Sales area is surfaced with asphalt, concrete or pavers to control dust. d. The use does not take up parking space as required by this Chapter. 4\. Outdoor storage as a principal or accessory use, provided that: a. The storage area is fenced and screened from view of neighboring residential uses, abutting residential districts and the public right-of- way. b. The storage area is surfaced to control dust. C. The storage area does not take up parking space as required by this Chapter. 5\. Residential uses existing as of October 11, 2011 shall be designated as interim uses provided that: a. Existing residential uses may continue and may be enlarged or expanded upon provided that the uses maintain compliance with all other provisions of this Chapter applicable to such residences. (Ordinance 2014-01, adopted February 11, 2014) b. Not more than one (1) principal use shall be allowed upon the property. C. Uses as provided for within the I-1 District shall not be allowed until such time as the residential use ceases and the property complies with all requirements of this Chapter applicable to industrial uses; once converted to an allowed industrial use in conformance with the requirements of this Chapter, the interim residential use shall not be re-established. 6\. Wireless communication antennas as regulated by this Chapter. 7\. Cannabis Cultivation, Cannabis Delivery, Cannabis Manufacturing, Cannabis Processing, Cannabis Extraction, Cannabis Testing, Hemp Manufacturing, Cannabis Wholesaling, Cannabis Transportation, provided that:   a. Shall have appropriate license or endorsement from the State of Minnesota Office of Cannabis Management for the activity(ies) proposed. b. Compliance with State license requirements shall be maintained at all times. c. Shall be located a minimum of 1000 feet from any school as measured from the building in which the cannabis business is located to the property line of the school. d. Shall be located a minimum of 500 feet from any daycare or residential treatment facility as measured from the building in which the cannabis business is located to the property line of the property on which the daycare or residential treatment facility is located. e. Shall be located at least 500 feet from any attraction within a public park that is regularly used by minors, including a playground or athletic field, measured from the building in which the cannabis business is located to the attraction. f. Pursuant to Minn. Stat. 462.357 subd. 1e, nothing in clauses ( c)-( e) above shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school, daycare, residential treatment facility, or attraction within a public park that is regularly used by minors moves within the minimum buffer zone. g. The site and building plans shall be designed in a way to best reduce or mitigate odors. This shall include floor plan layout, ventilation plans, and window and door locations. The City may require improvements to be installed to reduce the impact on neighboring properties or tenant spaces. h. All cultivation, manufacturing, processing, testing, and storage shall occur inside a completely enclosed building. i. As a condition of any Interim Use Permit, the permit holder shall comply with Minnesota Administrative Rules, Chapter 9810, including but not limited to the security requirements set forth in Minnesota Rule 9810.1500, as the same may be amended from time to time. Minnesota Administrative Rules, Chapter 9810, including Rule 9810.1500, are incorporated herein for purposes of establishing conditions of the permit. The City may, through its employees or law enforcement, determine whether a violation of such rules has occurred for purposes of enforcing   this permit at the City level. (Ordinance 2025-07, adopted September 9, 2025) E. Permitted Accessory Uses: In addition to other uses specifically identified elsewhere in this Chapter, the following are permitted accessory uses: 1\. Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty percent (30%) of the gross floor space of the principal use. 2\. Fences. 3\. Off-street parking as regulated by this Chapter. 4\. Sexually oriented uses, accessory. 5\. Signs as regulated by this Chapter. F. Minimum Lot Size: One (1) acre. G. Minimum Lot Frontage: The minimum lot frontage shall be fifty (50) feet on a public street from which direct access to the property is provided. H. Minimum Lot Dimensions: 1\. For any existing residential use as of October 11, 2011, the minimum lot width shall be three hundred (300) feet as measured at the building setback line. 2\. For other uses, the minimum lot width shall be one hundred sixty-five (165) feet as measured along the front building setback line. I. Setbacks: 1\. Front yard, side yard abutting a public right-of-way of a corner lot or rear yard of a through lot: The minimum building setback shall be the greater of: <table> <tr> <th rowspan="2">Functional Classification</th> <th colspan="2">Minimum Setback</th> </tr> <tr> <th>From Centerline</th> <th>From Property Line</th> </tr> <tr> <td>Local Street (City Street)</td> <td>70 feet*</td> <td>30 feet*</td> </tr> <tr> <td>Local Street (County Road)</td> <td>90 feet*</td> <td>30 feet*</td> </tr> <tr> <td>Collector or Arterial Street</td> <td>150 feet</td> <td>75 feet</td> </tr> <tr> <td colspan="3">*In cases were a public trail easement has been established abutting a street right-of-way, the easement width shall be</td> </tr> </table>   added to the required setback from the property line or centerline of the roadway. (Ordinance 2014-03, adopted March 11, 2014) 2\. Side yard setback: Twenty (20) feet. 3\. Rear yard setback: Thirty-five (35) feet. 4\. Parking: The minimum setback from lot line to any vehicle parking or driving area shall be ten (10) feet. I. Maximum Structure Height: Thirty-five (35) feet

Ch.11 § 3-7

Amendment history