§ A28-3. CONDITIONAL USES.  


Latest version.
  • (A) Zone 1. Within this zone, no structure or land shall be used for the following use or uses deemed similar by the City Council except through the granting of a conditional use permit:
    (1) Community-based family care home, day care home not licensed under M.S. § 245.812 or a community-based residential care facility or day care facility in a multiple dwelling unit when:
    (a) Facility meets all existing health, fire, building and housing codes.
    (b) Separation of one-quarter mile exists between such facilities. The City Council may grant exception to the one-quarter mile rule when strong community support exists, program effectiveness is closely tied to particular cultural resources in the community, or an effective natural or manmade barrier exists between facilities.
    (c) Such conditional use permit shall be reviewed at one-year intervals.
    (2) Home occupation as defined in §A1-3 (§ 155.003 ) when conducted within the accessory structure or a secondary entrance exists.
    (B) Zones 2, 2A and 3. Within these zones, no structure or land shall be used except for the one or more of the following uses or uses deemed similar by the City Council except through the granting of a conditional use permit:
    (1) Community-based family care home, day care home not licensed under M.S. § 245.812 or a community-based residential care facility or day care facility in a multiple dwelling unit when:
    (a) Facility meets all existing health, fire, building and housing codes.
    (b) Separation of one-quarter mile exists between such facilities. The City Council may grant exception to the one-quarter mile rule when strong community support exists, program effectiveness is closely tied to particular cultural resources in the community, or an effective natural or manmade barrier exists between facilities.
    (c) Such conditional use permit shall be reviewed at one-year intervals.
    (C) (Reserved)
    (D) Zone 4. (Reserved)
    (E) Zone 5.
    (1) Within this zone, no structure or land shall be used except for one or more of the following uses or use deemed similar by the City Council, without a conditional use; permit.
    (2) Community-based family care home, day care home not licensed under Minnesota state statute or a community-based residential care facility or day care facility in a multiple dwelling unit when:
    (a) Facility meets all existing health, fire, building and housing codes.
    (b) Separation of one-quarter mile exists between such facilities. The City Council may grant exception to the one-quarter mile rule when strong community support exists, program effectiveness is closely tied to particular cultural resources in the community, or an effective natural or manmade barrier exists between facilities.
    (c) Such conditional use permit shall be reviewed at one-year intervals.
    (F) Zone 6. Within this zone, no structure or land shall be used except for one or more of the following uses or use deemed similar by the City Council, without a conditional use permit:
    (1) Bowling alley or similar commercial recreation facility.
    (2) On-sale liquor in conjunction with a restaurant facility.
    (3) Outdoor display or sales conducted by an occupant of a shopping center or freestanding facility. Outdoor area to be screened and maintained in a manner approved by the City Council.
    (4) Service bays for the installation of auto accessories, in conjunction with an auto accessories store; provided there are no more than three bays, which shall be screened and oriented as required by the City Council.
    (G) Zone 7. There are no conditional uses provided.
    (H) Zone 8. Within this zone, no structure or land shall be used for the following use or uses deemed similar by the City Council except through the granting of a conditional use permit:
    (1) The excavation, hauling, mining, and stockpiling of sand and gravel and such buildings and equipment as are customarily incidental thereto, subject to all applicable conditions set forth in § 155.285 through § 155.293 and § 155.999.
    (2) Asphalt plant, subject to all applicable conditions set forth in § 155.285 through § 155.293 and § 155.999.
    (I) Zone 9. Within this zone, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council except through the granting of a conditional use permit:
    (1) Community based family care home, day care home not licensed under M.S. § 245.812 or a community based residential care facility or day care facility in a multiple dwelling unit when:
    (a) Facility meets all existing health, fire, building and housing codes.
    (b) Separation of 1/4 mile exists between such facilities. The City Council may grant exception to the 1/4 mile rule when strong community support exists, program effectiveness is closely tied to particular cultural resources in the community, or an effective natural or manmade barrier exists between facilities.
    (c) Such conditional use permit shall be reviewed at one-year intervals.
    (Ord. 703, passed 11-8-01; Am. Ord. 723, passed 4-24-03; Am. Ord. 804, passed 2-22-07; Am. Ord. 838, passed 6-5-08; Am. Ord. 1023, passed 12-8-16; Am. Ord. 1047, passed 7-26-18)