§ 534.07. Conditional uses.

Subdivision 1. The uses listed in this Subsection are conditional uses in the C-2 District, and are subject to the conditional use permit provisions outlined in Section 547.09 of this Code.

Subd. 2. Shopping centers or similar multi-tenant developments with over 100,000 square feet of gross floor area.

Subd. 3. Retail, service, and office uses with over 50,000 square feet of gross floor area, unless located within a shopping center or other multi-tenant development.

Subd. 4. Funeral homes, provided the lot abuts an arterial or collector street.

Subd. 5. Theaters, provided the following conditions are met:

a)

For theaters located within shopping centers or otherwise utilizing a shared parking arrangement, the applicant shall submit an analysis of parking demand versus availability for review and approval (additional parking may be required based on this review); and

b)

Free standing theaters shall only be permitted when it can be demonstrated that vehicular ingress and egress may be accomplished without creating undue traffic congestion on area roadways.

Subd. 6. Class I (full service) restaurants and Class II (traditional/cafeteria) restaurants, provided that alcoholic beverages not be served unless the lot abuts an arterial or collector street.

Subd. 7. Class III restaurants (fast food/convenience/drive-in) and all other uses which provide drive-up window or teller service, provided the following conditions are met:

a)

Queuing space for at least four (4) cars (70 feet) shall be provided per drive-up service lane, as measured from but not including the first drive-up service window, teller or order station. Such queuing space shall not interfere with parking spaces or traffic circulation;

b)

Any drive-up service window, teller or order station, or exterior loudspeaker shall be located at least 150 feet from any residential parcel;

c)

Exterior speakers shall comply with the noise control limits set by Section 930 of the City Code;

d)

The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections; and

e)

Alcoholic beverages shall not be served.

Subd. 8. Hotels and motels, provided the following conditions are met:

a)

A buffer yard of not less than 35 feet in width shall be provided to separate all aspects of such use from abutting residential parcels: the Council may reduce this requirement to not less than 25 feet if significant additional landscaping and berming are provided to screen the hotel/motel use; and

b)

Access to the site shall be only from arterial or collector streets.

Subd. 9. Hospitals and 24-hour urgent care clinics, provided the following conditions are met:

a)

The use site shall abut an arterial or collector street; and

b)

A buffer yard of not less than 25 feet in width shall be provided to separate all aspects of such use from any abutting parcel. (Amended, Bill No. 2011-13)

Subd. 10. New auto or boat sales or lease businesses, provided the following conditions are met:

a)

The business shall be licensed under Section 1155 of the City Code;

b)

The use site shall not abut a lot which is in the R or R-1 District. For the purpose of this subdivision, a lot that merely adjoins the use site at one (1) corner shall not be deemed to abut the use site;

c)

A buffer yard of not less than 15 feet in width shall be provided to separate all aspects of such use from abutting parcels;

d)

Landscaping for the site, including display areas, shall comply with the Performance Standards described in Section 544 of this Code;

e)

Used auto or boat sales shall be permitted only as an integral part of a new auto or boat sales business (from the same land parcel and in close proximity to the new cars or boats);

f)

Inoperable vehicles shall not be stored on the premises, except in appropriately designed and screened areas as approved by the City;

g)

Parking of vehicles for sale or lease on public right-of-way shall be prohibited;

h)

All repair, assembly, disassembly, maintenance, and detailing of vehicles shall occur within an enclosed building, except minor maintenance such as tire inflation or adding windshield wiper fluid; and

i)

Any exterior speaker shall comply with the noise control limits set by Section 930 of the City Code.

Subd. 11. Service station or service station/convenience store provided the following conditions are met:

a)

The business shall be subject to the provisions of Section 1150 (Gasoline Service Stations) of the City Code;

b)

The use site shall not be located within 300 feet of the grounds of a school, church or hospital;

c)

If the use site abuts a residentially zoned lot, a buffer yard of not less than 25 feet in width and 75% all-season opacity from the ground to a height of six (6) feet shall be provided to separate all aspects of such use from abutting residential parcels. The Council may reduce this requirement to not less than 15 feet if significant additional landscaping and fencing, with 100 percent all-season opacity, is provided to screen the service station use;

d)

A buffer yard of not less than ten (10) feet in width shall be provided to separate all aspects of such use from abutting nonresidential parcels;

e)

Vehicles that are waiting for repair shall be stored in appropriately designed and screened areas as approved by the City;

f)

Any repair, assembly, disassembly, or maintenance of vehicles shall occur within an enclosed building, except minor maintenance such as tire inflation, adding oil, or adding windshield wiper fluid;

g)

The minimum frontage on any street shall be 120 feet and the minimum area of the site shall be 12,000 square feet;

h)

Any exterior speaker shall comply with the noise control limits set by Section 930 of the City Code;

i)

Queuing space of at least 20 feet shall be provided in front of the pump island in each direction in which access can be gained to the pump — this required space shall not interfere with internal circulation patterns or with designated parking areas, and shall not be permitted in any public right-of-way, private easement, or within the required parking lot setback;

j)

Pump islands shall be located not less than 20 feet from any property line;

k)

If the use is not located on a County road or State highway, it shall not be operated between the hours of 11:00 p.m. and 6:00 a.m.; and

l)

Canopies shall comply with the following regulations:

(i)

The canopy may extend up to 12 feet beyond the centerline of the pump island toward the street, but in no instance shall a canopy be located closer than six (6) feet from any lot line;

(ii)

Only one (1) canopy shall be permitted per station, unless the station is located on a corner lot, in which case two (2) canopies may be permitted;

(iii)

The canopy shall be at least 14 feet in height, but not greater than 16 feet in height;

(iv)

No signage of a permanent or temporary nature may be placed on a canopy; and

(v)

All canopy lighting shall be recessed into the canopy ceiling.

Subd. 12. Auto mechanical or body repair shops, provided the following conditions are met:

a)

The use site shall not be located within 300 feet of the grounds of a school, church or hospital;

b)

If the use site abuts a residentially zoned lot, a buffer yard of not less than 25 feet in width and 75 percent all-season opacity from the ground to a height of six (6) feet shall be provided to separate all aspects of such use from abutting residential parcels. The Council may reduce this requirement to not less than 15 feet if significant additional landscaping and fencing, with 100 percent all-season opacity, is provided to screen the auto mechanical or body repair shop use; (Amended, Bill No. 1996-7, Sec. 2)

c)

A buffer yard of not less than 15 feet in width shall be provided to separate all aspects of such use from any abutting parcel;

d)

Vehicles that are inoperable shall not be stored on the premises, except in appropriately designed and screened areas as approved by the City. In accordance with Section 1320 of the City Code, inoperable vehicles cannot be stored on any property for more than 96 hours;

e)

Vehicles that are waiting for repair shall be stored in appropriately designed and screened areas as approved by the City;

f)

If the use is not located on a county road or state highway, it shall not be operated between the hours of 11:00 p.m. and 6:00 a.m.; and

g)

All repair, assembly, disassembly, and maintenance of vehicles shall occur within an enclosed building, except minor maintenance such as tire inflation or adding oil or windshield wiper fluid.

Subd. 13. Auto detailing businesses licensed under Section 1195 of the City Code.

Subd. 14. Car washes licensed under Section 1125 of the City Code.

Subd. 15. Accessory car washes, provided the following conditions are met:

a)

A buffer yard of at least 15 feet in width shall be provided to separate such car wash facilities and related queuing areas from any abutting residential parcel or street right-of-way;

b)

Queuing space for at least six (6) cars (105 feet) shall be provided, as measured from but not including the wash station. Such queuing space shall not interfere with parking spaces or traffic circulation;

c)

The car wash and site shall be designed to prevent icing and muddying of public streets;

d)

The driveway between the exit door of the car wash and the street right-of-way shall be at least 40 feet in length; and

e)

The car wash shall comply with the noise control limits set by Section 930 of the City Code.

Subd. 16. Pawn operations, secondhand goods operations that require a license under Section 1186 or 1187 of the City Code, auction houses, and consignment auction houses, provided the following conditions are met:

a)

Such uses shall be located not less than 250 feet from residentially zoned property;

b)

The business operator shall secure all applicable licenses and approvals from the City, County, State, or other applicable jurisdictions before the conditional use permit shall become effective;

c)

Such uses shall be contained within a completely enclosed building, and no outside storage, display, or sale of merchandise shall be permitted;

d)

Exterior loudspeakers or public address systems shall not be audible from any residential parcel;

e)

Auction houses and consignment auction houses shall have designated on-site loading and drop-off areas which are designed to avoid interfering with traffic and pedestrian movements;

f)

Such uses that were legally established on or before November 22, 1993, shall be classified as legal nonconforming uses, and subject to the provisions of Subsection 509.25 of this Code.

Subd. 17. Firearms-related uses provided the following conditions are met:

a)

Such uses shall be licensed under Section 920 of the City Code;

b)

Such uses shall be located not less than 300 feet from any school, church, daycare center, public library, or governmental building;

c)

Such uses shall be located not less than 1,000 feet from other gun or ammunition sales/repair businesses or firearms related uses;

d)

Such uses shall be located not less than 100 feet from residentially zoned property;

e)

Firearms-related uses shall not operate before 8:00 a.m. or after 9:00 p.m.;

f)

Firearms-related uses shall only be allowed within an enclosed structure that is soundproofed to prevent the sound to be heard by persons on adjoining property;

g)

No firearms-related use shall be allowed in a trailer or other nonpermanent building;

h)

Any firing-range existing in the City on or prior to January 1, 2004, shall be allowed to continue;

i)

The design and construction of any firearm-related use shall totally confine all ammunition rounds within the building and in a controlled manner. The design and construction of the firing range shall be certified by a registered architect and engineer in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet trap(s), ceilings, exterior and interior walls, and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine;

j)

No ammunition shall be used in any firearms-related use that exceeds the certified design and construction specifications of the firing range;

k)

A written log of users of any firing range or other firearms-related use shall be maintained by the range operator. The log shall include the name and address of the range user, and the time and date the user was in the range. The name and address of the user shall be verified by photo identification;

l)

An alarm system, cut wire protected, shall be supplied to provide security for a building containing any firearm-related use;

m)

Firearms that are stored on the premises shall be stored in a vault when the range is closed for business. An alarm system, independent of the general alarm system and cut wire protected, shall be supplied for the firearm vault;

n)

Ammunition shall not be stored in the firearm vault;

o)

On site supervision at any firearm-related use shall be supplied at all times by an adult with credentials as qualified range master;

p)

An outside security plan for the general grounds of any firearm-related use shall be submitted to the City Manager or designee for review and approval;

q)

The transport of firearms on the premises shall conform to State Law;

r)

Minors shall not be allowed in any firearm-related use unless accompanied by an adult at all times. This provision shall not be interpreted to prohibit minors from participating in a firearm safety class, which is supervised by an adult instructor; and

s)

The Council reserves the authority to review or modify the performance standards for the range.

Subd. 18. Repealed by Bill No. 2018-13.

Subd. 19. Emergency shelters within nonresidential buildings (e.g., schools or churches) provided the following conditions are met:

a)

The shelter shall serve no more than 16 persons at one (1) time; and

b)

Meals for those served by the shelter shall be prepared in a kitchen approved for commercial use.

Subd. 20. School-based health centers as accessory uses within currently operating schools provide the following conditions are met:

a)

The health center must primarily serve students;

b)

Total square footage of the health center may not exceed 3,000 square feet or ten (10) percent of the total building square footage, whichever is less;

c)

Designated parking equal to staff plus one (1) per exam room must be provided and designated for clinic use;

d)

Because of the focus on students and the associated sharing of parking, advertising shall be limited to directional and identification signs. The maximum sign area and height shall not exceed the limits set for nonresidential uses per Subsection 549.23. The total square footage of all freestanding signage for the property shall be governed by the underlying zoning district. (Added, Bill No. 2015-7)

Subd. 21. Cemeteries (may include mausoleums and crematories) that comply with the R District provisions and requirements, as set out in Section 514.07, Subd. 6 of this Code.

Subd. 22. Apartments within commercial buildings.

Subd. 23. Telecommunications towers in conformance with Section 544.25 of this Code.

Subd. 24. Major public utilities.

Subd. 25. Accessory outdoor animal relief area to animal kennel, provided the following conditions are met: (Added, Bill No. 2011-19; amended, Bill No. 2016-20)

a)

The outdoor relief area shall not be located in the front yard;

b)

The outdoor relief area must meet setback requirements;

c)

The outdoor relief area shall be screened from view of neighboring properties in a manner consistent with the surrounding area, as approved by the City;

d)

The outdoor relief area shall be for the use of dogs only;

e)

No dogs shall remain unattended in the outdoor relief area;

f)

The outdoor relief area shall not be used as an outdoor kennel, animal run, animal play area or any other use not specifically identified in the conditional use permit, if the outdoor area is located less than 600 feet from any residential parcel;

g)

The outdoor relief area shall be maintained in a clean and sanitary condition at all times;

h)

Solid waste material shall be removed a minimum of once per day and disposed of in a sanitary manner; and

i)

If required by the Public Works Department, a filtration bed shall be constructed to ensure that liquid waste will not enter into the ground or the City's stormwater system.

Subd. 26. Medical marijuana dispensaries, provided the following conditions are met:

a)

The business operator shall secure all applicable licenses and approvals from the City, County, State or other applicable jurisdictions before the conditional use permit shall become effective;

b)

Such uses shall not be located within 1,000 feet of a public or private school;

c)

Such uses shall not be located within 1,000 feet of another medical marijuana dispensary; and

d)

Such uses shall not be located within 250 feet of residential property. (Added, Bill No. 2015-5)

Subd. 27. Micro-production facilities provided that the following conditions are met:

a)

Licensing. The owner of the micro-production facility qualifies for and receives all federal, state and city licenses necessary for the operation of the micro-production facility, including a brewer license and a malt liquor wholesale license (if wholesale of malt liquor is an intended activity); and/or a distiller's license from the State of Minnesota.

b)

Taproom/Cocktail Room Location. Micro-production facilities with an accessory taproom or cocktail room must be on a lot abutting an arterial or collector street.

c)

Taproom/Cocktail Room License. An accessory taproom or cocktail room for the sale of beer or spirits produced on-site shall require a taproom/cocktail room license from the City of Richfield in accordance with Section 1202 of the City Code.

d)

Taproom/Cocktail Room Operations. Taprooms/cocktail rooms must either make food available on-site or expressly allow patrons to carry in food.

e)

Off-sale. A micro-production facility may sell their product for off-sale consumption through their taproom or cocktail room. Any on-site sale of beer in the form of growlers shall require a Micro-brewery Off-sale License in accordance with Section 1202 of the City Code.

f)

Production of Beer. Annual production of malt liquor for a micro-brewery with an accessory taproom shall not exceed 3,500 barrels, and only 500 barrels may be sold off-sale as growlers. Production at micro-breweries without a taproom shall not exceed 1,750 barrels annually.

g)

Production of Spirits. Annual production of spirits for a micro-distillery with an accessory cocktail room shall not exceed 40,000 proof gallons annually. Production at micro-distilleries without a cocktail room shall not exceed 20,000 proof gallons annually.

h)

Off-street Loading. The micro-production facility shall provide adequate space for off-street loading and unloading of all trucks greater than 22 feet in length. In the absence of off-street loading, the City may impose limits on deliveries or shipments using the public right-of-ways, including regulating the number of trucks per day and the hours that deliveries are permitted.

i)

Odors. No odors from the micro-production facility shall be perceptible beyond the property line. The micro-production facility operator shall take appropriate measures to reduce or mitigate any odors generated from the operation and be in compliance with any applicable Minnesota Pollution Control Standards.

j)

Hours of Operation. Micro-production facility operation hours shall be limited to the hours specified in Minnesota Statutes Chapter 340A for off-sale intoxicating liquor unless further limited by the City Council as part of a Conditional Use Permit. (Added, Bill No. 2015-15)