3c. City Code Amendment, Zoning, Central Business DistrictCITY OF
CHANAASSBN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Bob Generous, Senior Planner
DATE: November 22, 2010 (.
SUBJ: City Code Amendments to VC apter 20, Zoning,
Central Business District
3c
PROPOSED MOTION:
"The Chanhassen City Council approves the ordinance amendments to Chapter
20 of the Chanhassen City Code pertaining to Permitted and Accessory Uses in
the Central Business District."
Council approval requires a majority of City Council present.
EXECUTIVE SUMMARY
Based on the City Council work session on November 8, 2010 evaluation of the list of
uses, it was determined that some of the categories could be consolidated and still
maintain the specificity. For final City Council approval, staff has revised the
ordinance to incorporate all barber and beauty salon operations in one category;
combined laundry and garment services, deleted all separate categories that are
essentially office uses; deleted references to occupations, e.g., actors, which are not
uses; and combined all health and recreational clubs, instructions or services. We
have blended the specific use listing, as shown in the attached Wayzata code as well
as the general character as shown in the attached Chaska code.
Staff is recommending approval of the proposed amendments.
PLANNING COMMISSION ACTION
Public Works The Planning Commission held a public hearing to review the proposed ordinance
1591 Park Road amendments. The Planning Commission voted six for and none against a motion
Phone: 952.227.1300 recommending approval of the'amendments. The Planning Commission had no
Fax: 952.227.1310 issues or concerns regarding the amendment. The August 17, 2010 Planning
Commission minutes are attached.
Senior Center
Phone: 952227.1125 RECOMMENDATION
Fax: 952.227.1110
Web Site Staff and the Planning Commission recommend that the Chanhassen City Council
www.ci.chanhassen.mn.us approve the ordinance amendments to Chapter 20 of the Chanhassen City Code
pertaining to permitted and accessory uses in the Central Business District.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
November 22, 2010
Page 2
ATTACHMENTS
1. Amendment Ordinance Central Business District.
2. City of Chanhassen "CBD" Central Business District.
3. City of Chaska C3 — Downtown.
4. City of Wayzata C -4B Central Business District.
gAplan \city code\2010 \uses \cc memo cbd 11- 22- IO.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20
ZONING
CHANHASSEN CITY CODE,
CENTRAL BUSINESS DISTRICT
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 20 -732 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Permitted Uses.
The following uses are permitted in a "CBD" district:
(1) Antennas as regulated by article XXX of this chapter.
(2) Ballroom.
(3) Barber and beauty salons and spas including hair, nail, skin and scalp services.
(2 4) Bars and taverns.
(2 5) Bowling center.
(6) Clothing rental.
(4 7) Clubs and lodges.
(8) Coin - operated service machines.
(�9) Community center.
(6-10) Convenience stores without gas pumps.
(7 11) Convention and conference facilities.
(12) Costume rental.
(9 13) Cultural facilities.
(9 14) Day care center as part of shopping center.
f
Depaftment stores.
(44 15) Fast -food restaurants as part of shopping center.
(43 16) Financial institutions.
(4 -517) Health and recreation clubs, instructions and services.
(4-6 18) Hea services, outpatient only.
( 4 -7 ) H fu shin .
(4-9 19) Hotels.
44) Liquor- stores.
(20) Laundry and garment services including self- service.
(21) Locker rental.
(20 22) Multiple - family dwellings, including senior citizen housing.
(24 23) Newspaper offices.
(2-2 24) Offices.
(25) Parking ramp.
(26) Photographic studios.
(24 27) Print shops.
(28) Quilting and scrap booking.
(29) Retail sales.
(25 30) Schools.
(31) Shoe repair shops and shoeshine parlors.
(-26 32) Shopping center.
(27) Speeialty retail.
(33) Sporting goods rental.
(2-8 34) Standard restaurants.
( l ei= " .
(35) Tatoo and body art and piercing services. (MS §14613)
(36) Theatrical producers and services.
(30 37) Utility service.
(38) Wedding chapel.
Section 2. Section 20 -733 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Permitted accessory uses.
The following are permitted accessory uses in a "CBD" district:
(1) Parking lots and ramps.
(2) Signs.
(3) Temporary outdoor sales and events (subject to the requirements of section 20 -312).
Section 3. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this day of , 2010, by the City Council of the City
of Chanhassen, Minnesota
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
g: \plan \city code\2010 \uses\amendment ordinance cbd uses revised.doc
2
§ 20 -716 CHANHASSEN CITY CODE
(3) Farmers markets.
(Ord. No. 120, § 3, 2- 12 -90; Ord. No. 243, § 6, 2- 13 -95)
Secs. 20- 717 -20 -730. Reserved.
ARTICLE XVIII. "CBD" CENTRAL BUSINESS DISTRICT
Sec. 20 -731. Intent.
The intent of the "CBD" district is to provide for downtown business development
supporting a strong central business district while enhancing the overall character of the
community in conformance with downtown redevelopment plan, goals and objectives.
(Ord. No. 80, Art. V, § 12(5- 12 -1), 12- 15 -86)
Sec. 20 -732. Permitted uses.
The following uses are permitted in a "CBD" district:
(1)
Antennas as regulated by article XXX of this chapter.
(2)
Bars and taverns.
(3)
Bowling center.
(4)
Clubs and lodges.
(5)
Community center.
(6)
Convenience stores without gas pumps.
(7)
Convention and conference facilities.
(8)
Cultural facilities.
(9)
Day care center as part of shopping center.
(10)
Department stores.
(11)
Entertainment.
(12)
Fast -food restaurants as part of shopping center.
(13)
Financial institutions.
(14)
Hardware goods.
(15)
Health and recreation clubs.
(16)
Health services.
(17)
Home furnishings.
(18)
Hotels.
(19)
Liquor stores.
(20)
Multiple - family dwellings, including senior citizen housing.
Supp. No. 5 CD20:130
ZONING § 20 -735
(21) Newspaper offices.
(22) Offices.
(23) Personal services.
(24) Print shops.
(25) Schools.
(26) Shopping center.
(27) Specialty retail.
(28) Standard restaurants.
(29) Supermarkets.
(30) Utility service.
(Ord. No. 80, Art. V, § 12(5- 12 -2), 12- 15 -86; Ord. No. 214, § 1, 7- 11 -94; Ord. No. 377, § 100,
5- 24 -04)
Sec. 20 -733. Permitted accessory uses.
The following are permitted accessory uses in a "CBD" district:
(1) Parking lots and ramps.
(2) Signs.
(3) Temporary outdoor sales (subject to the requirements of section 20 -312).
(Ord. No. 80, Art. V, § 12(5- 12 -3), 12- 15 -86; Ord. No. 243, § 7, 2- 13 -95; Ord. No. 377, § 101,
5- 24 -04)
Sec. 20 -734. Conditional uses.
The following are conditional uses in a "CBD" district:
(1) Reserved.
(2) Freestanding fast -food restaurants.
(3) Reserved.
(4) Convenience store with gas pumps.
(Ord. No. 80, Art. V, § 12(5- 12 -4), 12- 15 -86; Ord. No. 120, § 4(9), 2- 12 -90)
State law reference — Conditional uses, M.S. § 462.3595.
Sec. 20 -735. Lot requirements and setbacks.
The following minimum requirements shall be observed in a "CBD" district subject to
additional requirements, exceptions and modifications set forth in this chapter:
(1) The minimum lot area is 10,000 square feet.
(2) The minimum lot frontage is 100 feet, except lots fronting on a cul -de -sac shall have a
minimum frontage of 60 feet in all districts.
Supp. No. 5 CD20:131
§ 20 -735 CHANHASSEN CITY CODE
(3) The minimum lot depth is 100 feet.
(4) There is no maximum lot coverage.
(5) There. are no minimum setback requirements for front, rear or side yard.
(6) There are no maximum height requirements for principal or accessory structures.
(Ord. No. 80, Art. V, § 12(5- 12 -5), 12- 15 -86) _
Sec. 20 -736. Interim uses.
The following are interim uses in the "CBD" district;
(1) Churches.
(2) Reserved.
(3) Farmers markets.
(Ord. No. 120, § 3, 2- 12 -90; Ord. No. 243, § 8, 2- 13 -95)
Secs. 20- 737 -20 -740. Reserved.
ARTICLE XVIII -A. "CC" COMMUNITY COMMERCUL DISTRICT
Sec. 20 -741. Intent.
(a) The intent of the community commercial district is to provide for moderate to large sized
commercial development. These large -scale commercial and office users need high visibility
along arterial roads. While smaller scale ancillary commercial uses may be permitted integral
to the principal use, the primary use of a building shall be medium to large type users with a
minimum tenant space of 15,000 square feet. The intent of the district is to accommodate
larger uses. The creation of multi- tenant, small user, strip centers is prohibited.
(b) Location criteria for community commercial uses are: Access to arterial and collector
streets, preferably at intersections with collector and arterial streets; moderate to large -sized
sites; public water and sewer service; environmental features such as soils and topography
suitable for compact development; and adequate buffering by physical features or adjacent
uses to protect nearby residential development.
(c) The total building area on a single level or floor for an individual use shall be no more
than 65,000 square feet.
(Ord. No. 487, § 1, 11- 23 -09)
Sec. 20 -742. Permitted uses.
Arts and crafts supply store.
Automotive parts and accessories.
Book store.
Building supply center.
Supp. No. 5 CD20:132
ZONING ORDINANCE 1
Applications for building permits in the C2 District shall be accompanied by
complete site development and building design plans, as required by Subsection
14.4.3.2 and /or Subsection 14.4.4.2 and shall be transmitted by the Community
Development Department to the Planning Commission for its review and
recommended action, and thence to the City Council for its review and final
action. Any tract of five (5) acres or more under single ownership or control to be
developed shall be subject to the Planned Development District (PDD)
procedures of Subsection 4.1 and the regulations of Subsection 4.3 - Planned
Commercial Development District (PCD).
3.1.8 C3 - DOWNTOWN:
3.1.8.1 Intent
To recognize the existing "downtown" area of Chaska and its dual function as a
trade center and service center.
3.1.8.2 Uses Permitted
a) Commercial establishments including, but not limited to, the following:
i) Retail establishments such as grocery, hardware, drug, clothing and
furniture stores and eating and drinking places;
ii) Personal services such as laundry, barber, shoe repair shop and
photography studio;
iii) Professional services such as medical and dental clinic and attorney's
offices;
iv) Finance, insurance and real estate services;
v) Repair services such as jewelry and radio and television repair shops, but
not auto repair.
b) Public and semi - public facilities serving all or a portion of the City such as
municipal offices, library, post office, fire station, schools, and churches;
c) Apartments, if located above the street level in non - residential structures.
3.1.8.3 Uses by Special Permit
a) Liquor establishments requiring on -sale intoxicating liquor license;
b) Multiple family dwellings;
c) Entertainment and amusement services such as motion picture theater and
bowling alley;
d) Lodging services such as hotel;
29
DISTRICT REGULATIONS
e) Small domestic animal (i.e. dogs, cats) grooming service and /or pet shop;
f) Storage of materials, goods and products for individuals and businesses,
provided:
i) Such storage occurs only in structures existing on May 1, 1981;
ii) Such structures are not located on Chestnut Street;
iii) The visual appearance of loading /unloading areas, if located on a public
street, is maintained in a manner compatible with that of adjacent
properties;
iv) Loading /unloading activities shall not block or congest the public
right -of -way;
v) Trucks larger than 1 1/2 ton capacity may load /unload only between the
hours of 6:00 p.m. and 6:00 a.m.;
iv) Such materials, goods, and products are stored completely within
buildings, and such storage to occur on floors located at least three (3)
feet below street level only.
g) Roof mounted radio and television antennas greater than ten (10) feet above
the highest point of the roof line, and ground supported towers and antennas
greater than 40 feet combined height above ground level to a maximum of 65
feet subject to provisions of Subsections 9.15 and 9.16;
h) Artists' studios, ceramic shops, pottery works, sculpturing and similar
artistic /crafts activities provided at least ten (10) percent of the total floor
space on the street level is used for sales and display purposes.
3.1.8.4 Permitted Accessory Uses
Customary accessory uses incidental to the foregoing principal uses including,
but not limited to, the following:
a) Off - street parking and loading facilities;
b) Signs as regulated in Section 10;
c) Roof mounted radio and television antennas less than ten (10) feet above the
highest point of the roof line and ground supported towers and antennas less
than 40 feet combined height above ground level as regulated by
Subsections 9.15 and 9.16;
d) Wholesaling, when incidental to a permitted use;
e) Satellite dish antennas one meter or less in diameter.
3.1.8.5 Procedures
Applications for building permits in the C3 District shall be accompanied by
complete site development and building design plans, as required by Subsection
Section 3, Page 30
ZONING ORDINANCE
14.4.3.2 and /or Subsection 14.4.4.2 and shall be transmitted by the Community
Development Department to the Planning Commission for its review and
recommended action, and thence to the City Council for its review and final
action.
3.1.9 PCD - PLANNED COMMERCIAL DEVELOPMENT:
Any commercial development under single ownership or control which is
comprised of more than one structure or of a single structure in excess of
100,000 square feet shall be subject to the Planned Development District (PDD)
procedures of Subsection 4.1 and the regulations of Planned Commercial District
(PCD) in Subsection 4.3.
3.1.10 1 - INDUSTRIAL DISTRICT:
3.1.10.1 Intent
To provide land for development of industrial activities sufficient in size to meet
employment and tax base requirements of the City, such activities to be
characterized by relatively high employment levels and building to land ratios and
by an overall visual appearance which is reasonably compatible with the
predominant residential character of the City and with the desired positive visual
image of the community which this district will present.
3.1.10.2 Uses Permitted
a) Manufacturing, fabricating, assembly, processing (except live animals),
packaging or compounding of materials, goods and products;
b) Warehousing or wholesaling, all commodities except live animals;
c) Scientific research, investigation, testing or experimentation;
d) Offices and administrative facilities;
e) Adult Oriented Businesses subject to regulations in Chapter 4, Article V, of
the Chaska Code of Ordinances.
3.1.10.3 Uses by Special Permit
a) Wind generators and other tower mounted energy devices;
b) Solar energy devices not an integral part of the principal structure;
c) Radio transmitters, microwave and telecommunications towers;
d) Open storage areas which require screen fences greater than eight (8) feet in
height;
e) A State licensed day care facility;
f) Dwelling necessary for security and safety reasons in relation to a principal
use;
31
SECTION 80
C -411 CENTRAL BUSINESS DISTRICT
Section 801.80:
801.80.1:
Purpose
801.80.2:
Permitted Uses
801.80.3:
Interim Uses
801.80.4:
Accessory Uses
801.80.5:
Conditional Uses
801.80.6:
Existing Uses
801.80.7:
Special Limitations and Conditions
801.80.8:
Height, Yard and Lot Coverage Requirements
801.80.1: PURPOSE:
The C -413 District is intended to provide a district accommodating those retail sales,
service, office and residential functions which are characteristic to a "downtown" area
and to allow the present downtown area to expand, develop and redevelop, with emphasis
on specialty shops and retail uses with continuous linear low level building designs, while
maintaining this desired character. Such areas are to be characterized by individual
storefronts with public sidewalk access, as contrasted to shopping mall type development.
The district requires retail use at street grade.
801.80.2: PERMITTED USES:
Subject to applicable provisions of this Ordinance, the following are permitted uses in a
"C -4B" District:
A. At street grade, the following specifically identified retail sale and service uses:
1. Adult Use - Accessory.
2. Antique shops.
3. Art galleries or studios.
4. Art supply, school supply, book or stationery stores.
5. Bakeries, provided the room or rooms containing the preparation and baking
process shall not have a gross floor area in excess of two thousand four hundred
(2,400) square feet.
6. Banks, savings, lending or other financial institutions, (excluding drive -ins).
7. Barber shops.
8. Beauty parlors.
9. Blueprinting, photostatting or instant printing.
10. Business machine sales or service stores.
11. Camera and photo stores.
12. Candy or ice cream stores.
80 -1
13. Carpet and rug stores (sample showrooms only).
14. Clothes pressing or tailoring shops.
15. Department stores.
16. Drug stores.
17. Dry cleaning receiving and pick up or laundry self - service establishments,
excluding commercial laundering and dry cleaning.
18. Florist shops.
19. Food, grocery, meat, fish, bakery or delicatessen stores.
20. Furniture stores.
21. Hardware stores.
22. Hobby stores.
23. Interior decorating studios.
24. Jewelry stores.
25. Leather goods or luggage shops.
26. Libraries.
27. Locksmith shops.
28. Medical or dental clinics.
29. Newsstands which are not free - standing.
30. Optical stores.
31. Paint or wallpaper stores.
32. Pet shops.
33. Phonograph, record or sheet music stores.
34. Photography studios.
35. Picture framing on picture stores.
36. Pipe tobacco shops.
37. Post offices.
38. Public utility service stores.
39. Restaurants including the service of liquor and excluding convenience food
establishments.
40. Sporting goods stores.
41. Taxidermy shops.
42. Theaters, excluding drive -ins.
43. Variety, gift, notion or soft goods stores.
44. Wearing apparel stores.
45. Coffee shops.
80 -2
46. Municipal parks and playgrounds.
B. Other than at street grade:
1. All uses identified in Section 801.80.2.A above.
2. Club or lodge halls serving food and beverage.
3. Community centers.
4. Laboratories (medical and dental).
Offices, including both business and professional uses.
6. Schools such as music, dance, business or vocational schools.
7. Upper story dwelling units subject to the density standards of the R -5
District.
801.80.3: INTERIM USE:
Subject to applicable provisions of this Ordinance, the following are interim uses in the
C -4B District and are governed by Section 801.34 of this Ordinance:
A. Accessory parking lot fronting on Lake Street provided that:
1. The use is accessory to a principal use or is a principal use under public
ownership.
2. The design and construction of the facility is in compliance with applicable
provisions of this Ordinance.
The use of the site for parking is temporary in nature with the intent of
development of the site for commercial purposes.
801.80.4: ACCESSORY USES:
Subject to applicable provisions of this Ordinance, the following are permitted accessory
uses in the C -4B District.
A. Accessory uses customarily incident to the uses permitted in Sections 801.80.2
and 801.80.5 of this Ordinance.
B. Off - Street Parking and Loading Areas and Structures. Parking of trucks used in
the conduct of a permitted principal use, other than delivery trucks parked for not
more than two (2) consecutive hours, shall be limited to vehicles of not more
than twelve thousand (12,000) pounds gross vehicle weight. Unless approved as
an interim use, such area shall not border or front Lake Street.
C. Enclosed storage of merchandise in either principal or accessory building, solely
intended to be retailed by a related and established principal use.
D. Bus or taxi loading and unloading facilities.
801.80.5: CONDITIONAL USES:
Subject to applicable provisions of this Ordinance, the following are conditional uses in a
"C -4B" District: (Requires a conditional use permit based upon procedures set forth in
and regulated by Section 801.04 of this Ordinance.)
80 -3
A. Drive -in facilities for banks or savings and loan associations provided that:
1. The driveway access shall not be on a residential street.
2. The curb cut setbacks and parking shall be in conformance with Section 801.20,
the Parking Ordinance.
3. 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.
4. The service windows and driveway shall be screened from view if adjacent to a
residentially used property.
5. The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
B. Physical, culture or health service establishments or reducing salons provided that:
1. The use shall not serve alcoholic beverages.
2. If located within a shopping center, the use has its own exclusive exterior access.
3. The use is located and developed so as not to create an incompatible operation
problem with adjoining and neighboring commercial and /or residential uses.
4. Any and all applicable local, state and federal laws, permits licenses and
operational regulations are complied with.
5. The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
C. Accessory, enclosed retail, rental or service activity other than that allowed as a permitted
use or conditional use within this Section, provided that:
1. Such use is allowed as a permitted use in a "B -1, or "B -2" District.
2. 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. Adequate off - street parking and off - street loading in compliance with the
requirements of Section 801.20 of this Ordinance is provided.
4. All signing and informational or visual communication devices shall be in
compliance with Section 801.27 of this Ordinance.
The provisions of Section 801.04.2.1 of this Ordinance are considered and
satisfactorily met.
D. Drove -ins and delicatessens with seating facilities provided that the provisions of Section
801.04.2.F of this Ordinance are considered and satisfactorily met.
E. Residential use as a principal use provided that:
The development does not front or border Lake Street.
The development does not conflict with existing or potential future commercial
uses and activities.
The density standards imposed as part of the R -5 Zoning District are complied
with.
4. Adequate open space and recreational space is provided on site for the benefit of
the occupants.
80 -4
The development does not conflict or result in incompatible land use
arrangements as related to abutting residential uses.
The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
F. Open and outdoor storage as an accessory use provided that:
1. The storage area is landscaped, fenced, and screened from view of neighboring
uses and abutting "R" Districts.
2. Storage is landscaped and screened from view from the public right -of -way.
3. Storage area is blacktopped or concrete surfaced.
4. All lighting shall be hooded and so directed that the light source shall not be
visible from the public right -of -way or from neighboring residences.
5. The storage area does not take up parking space or loading space as required for
conformity to this Ordinance.
6. The provisions of Section 801.04.21 of this Ordinance are considered and
satisfactorily met.
G. Open or outdoor service, sale and rental as a principal or accessory use provided that:
1. Outside services, sales and equipment rental connected with the principal use is
limited to thirty (30) percent of the gross floor area of the principal use.
2. Outside sales areas are landscaped and fenced or screened from view of
neighboring residential uses or an abutting "R" District.
3. All lighting shall be hooded and so directed that the light source shall not be
visible from the public right -of -way or from neighboring residences.
4. Areas are asphalt or concrete surfaced.
5. The use does not take up parking space or loading areas as required for
conformity to this Ordinance.
6. The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
H. Outdoor Sidewalk Cafes as a conditional accessory use, provided that:
Functional Requirements.
a. Existing and /or proposed principal use shall conform to existing City
zoning regulations.
b. Cafe shall be a minimum distance from a R -1A, R -1, R -2, R -3, and R -4
residential zoning district:
(1) 200 foot minimum for non - alcoholic cafes.
(2) 500 foot minimum for alcoholic establishments.
C. Cafe area shall be limited to the public right -of -way abutting the lot front
as defined by this Ordinance.
d. Cafe area shall be segregated from through pedestrian circulation by
means of temporary fencing, bollards, ropes, plantings, etc. Segregation
80 -5
device(s) must not cause destruction to the sidewalk or other elements
within the public right -of -way.
e. Minimum clear passage zone for pedestrians at the perimeter of the cafe
shall be at least five (5) feet without interference from parked motor
vehicles, bollards, trees, treegates, curbs, stairways, trash receptacles,
street lights, parking meters, etc.
f. Overstory canopy of tree /umbrellas extending into the pedestrian clear
passage zone or pedestrian aisle shall have a minimum clearance of
seven (7) feet above sidewalk.
g. A minimum of forty-two (42) inches shall be provided within aisles of
cafe.
h. Furniture and enclosed perimeter shall be movable to allow for seasonal
changes.
No storage of furniture on sidewalk shall be allowed between the months
of October and April.
No outside bar, cooking facility, food preparation or holding area, or wait
station shall be established.
k. Any lighting used to illuminate the cafe area shall be so arranged as to
reflect the light away from the adjoining property and public streets or
alleys, and be in compliance with this Ordinance.
No electronically amplified outdoor music, intercom, audio speakers, or
other such noise generating devices shall be allowed in the cafe area.
Liability Requirements.
a. The property owner, restaurant operator and the City shall enter into a
hold harmless agreement, as provided by the City, exempting the City
from all liability claims associated with the cafe use.
b. Maintenance of public right -of -way, including landscaping, for which the
cafe is located upon shall be the property owner's responsibility.
C. Security of the cafe area shall be the responsibility of the property owner.
d. Property owner shall pick up litter within one hundred (100) feet of the
cafe on a daily basis.
e. A special license for outdoor sidewalk cafe shall be renewed no later
than November 1 st of each year.
Aesthetic Requirements.
a. Furniture shall be washable, constructed of metal, plastic or other
weather resistant materials and maintained in a safe and sanitary
condition.
b. Plant material shall be in containers to allow for movement.
C. Annual /perennial flowers shall be used to enhance streetscape aesthetics.
d. Canopies /umbrellas shall be used for summer sun protection subject to
the provisions of this Ordinance.
80 -6
e. One (1) covered trash receptacle matching appearance of other furniture
shall be provided for every eight (8) tables.
f. Design of site furnishings and cafe layout shall be reviewed by the City
prior to installation.
4. The provisions of Section 801.04.21 of this Ordinance are considered and
satisfactorily met.
I. Governmental and public related utility buildings and structures necessary for the health,
safety and general welfare of the City, provided that:
When abutting a residential use or a residential use district, the property is
screened and landscaped in compliance with Section 801.18 of this Ordinance.
2. The provisions of Section 801.04.2.F of this Ordinance are considered and
satisfactorily met.
Planned unit development as regulated by Section 801.33 of this Ordinance.
801.80.6: EXISTING USES:
Any established use which legally existed within its respective zoning district prior to the
enactment and application of a C -4B classification and which requires a conditional use
permit under the C -4B designation, may be continued in like fashion and activity and
shall automatically be considered as having received conditional use approval. A change
in ownership of such property shall not affect the conditional use permit approval status
so long as the business or use continues in a like fashion and activity.
801.80.7: SPECIAL LIMITATIONS AND CONDITIONS:
A. All business establishments at street grade shall be retail or service establishments which
deal directly with the customer for whom the goods or services are furnished.
B. All business establishments at street grade shall be complementary to the retail character
of the district and enhance pedestrian traffic.
C. Each business establishment shall be operated as a separate and distinct business entity.
Each business establishment shall be physically separate from any other such
establishment by solid walls, partitions or windows, although nothing in this paragraph is
intended to prevent either common ownership or free pedestrian movement from one
establishment to another through either an area commonly owned or through direct
doorway connections. All business establishments shall be accessible from the exterior
of the building in which they are located either by a direct door to the exterior or by direct
access to a "common area" which in turn has adequate access to the exterior of the
building without passing through another business establishment.
D. At least 50 percent of the building frontage on the ground floor along Lake Street must be
used for retail or service commercial use and must comprise at least 50 percent of the
ground floor building footprint.
E. New Lake Street Buildings. All new buildings along Lake Street with a building
footprint of 4,000 square feet or more must be developed with more than one of the
following uses: retail, service, residential, and office. Upper floors may be used for any
permitted use including residential.
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F. All buildings shall meet the defined sidewalk line except for small setbacks to provide
outdoor seating, plazas, or recessed entries.
G. Parking is prohibited in the front yard is prohibited.
801.80.8: HEIGHT, YARD AND LOT COVERAGE REQUIREMENTS:
The following minimum requirements shall be observed in a "C -413" District subject to
additional requirements, exceptions, and modifications set forth in this Ordinance.
A. Height. No building shall be erected or structurally altered to exceed two (2) stories and
thirty (30) feet in height, whichever is lesser.
B. Setback. There shall be no front yard, exterior side yard or rear yard requirements, except
that there shall be a required setback within C -413 District boundaries when such
boundaries are adjacent to a residential district. In such cases, the setback shall be the
same as the setback for the adjacent district.
C. Floor Area Ratio. The maximum floor area ratio (F.A.R.) shall be 2.0.
D. Area. The minimum total lot area shall be twelve thousand (12,000) square feet.
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