HomeMy WebLinkAboutOrd #047-3rd Ser/Amending code for commercial recreation uses/B-1 ORDINANCE NO. 47
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE ORONO CITY CODE TO PROVIDE FOR
COMMERCIAL RECREATION USES IN THE B-1 ZONING DISTRICT
SECTION 1. Section 78-1 of the Orono City Code is amended to add the following
definitions to the Zoning Ordinance:
Amusement Center means a business at one location devoted primarily to the operation of
amusement machines as defined below and open for public use and participation• or locations
with four(4)or more amusements machines and open for public use and participation
Amusement Machine means a mechanical amusement device of any of the following types•
(a)A machine or electronic contrivance, including `Qinball"machines mechanical miniature
pool tables,bowlin�ma.chines, shuffle boards electric rifle or ran�es miniature mechanical
and electronic devices and�ames or amusements patterned after baseball basketball hockev and
similar�ames and like devices,machines or games which mav be plaved solely for amusement
and not as a �amblin�device and which devices or games are plaved by the insertion of a coin or
coins or at a fee fixed and char�ed by the establishment in which such devices or machines are
located, and which contain no automatic pavoff devices for the return of money coins
merchandise, checks, tokens or anv other thing or item of value; provided however that such
machine mav be eQuipped to permit a free pla�or game or equipped to disnense nominal prizes
such as candv or tovs, or coupons or tokens redeemable for such prizes The term does not
include coin-operated music machines.
(b)Amusement devices desi�ned for and used exclusively as rides bv children such as but not
limited to, kiddie cars, miniature airplane rides,mechanical horses and other miniature
mechanical devices, not operated as a nart of or in connection with anv carnival circus show or
other entertainment or exhibition.
Commercial Recreation means indoor amusement centers bowling allevs billiard halls
miniature �olf, roller and ice skating rinks drivin ran�es movie theaters gvms swimming
pools, and snorts and health facilities. No commercial recreation use shall take nlace outside of
an enclosed buildin�. An air-supvorted structure shall not be considered a building for purposes
of this section. As used in this ordinance, commercial recreation does not include an adult use
defined in section 78-1377(b), anv use involving the discharge of a firearm a class II restaurant
that nrovides live entertainment, or anv nermitted or conditional use in the B-2 district
Sports and health facilitv means a facilitv where members or nonmembers pav a fee to use
equinment or snace for the nurpose of phvsical exercise or traininQ A snorts and health facili�
mav include�erobics, wei�ht trainin� muscular exerciseprograms voQa Pilates court ames
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io��in�, or other similar activities. It may provide as an accessorv use personal services to
patrons, includine but not limited to therapeutic massage tanning saunas and whirinools
SECTION 3. Section 78-644 of the Orono City Code is amended to add the following
conditional use in the B-1 district:
(1) Garages for the servicing and repair of automobiles, provided repair functions are
totally enclosed in a building.
(2) Motor fuel stations subject to the provisions set forth in section 78-1373.
(3) Restaurant(class n, in which food is served to customers while seated at counter
or table, or cafeteria, in which food is selected by a customer while going through a line
and taken to a table for consumption. Neither live entertainment nor intoxicating liquor
sales are permitted in class I restaurants.
(4) Restaurant(class II), i.e., a fast food, convenience, drive-in, or liquor store
restaurant, which is a restaurant where a majority of customers order and are served their
food to be consumed at a counter in packages prepared to leave the premises; or a drive-
in where most customers consume their food in an automobile regardless of how it is
served, or restaurants which serve intoxicating liquor or have live entertainment.
(5) Off-street parking when the principal site of the off-street parking abuts on a lot
which is another B or l district and is in the same ownership as the land in the B or I
district and subject to those conditions as set forth in article X, division 5, of this chapter
and such other conditions as found necessary by the council.
(6) Public service structures, including but not limited to electric transmission lines
and buildings, such as telephone exchange stations,booster or pressure stations, elevated
tanks, lift stations and electric power substations. Personal wireless service and
commercial broadcasting antennas and towers shall not be considered public service
structures.
(7) Day nurseries,provided not less than 50 square feet of outside play area per pupil
is available and fenced.
(8) Professional office and offices of a general nature.
(9) Commercial Recreation subj ect to the provisions set forth in section 78-949
SECTION 4. Chapter 78, Article V(Conditional Uses), Division 3 of the Orono City
Code is amended to read as follows:
DIVISION 3. REQUIREMENTS FOR SPECIFIC USES
Subdivision I. In General
Sec. 78-946. Conditional use permit for essential services.
A conditional use permit is required for all structures, including utility poles and rights-
of-way, which are an integral part of a system for public transportation as for transmitting power,
water, heat, communications, gas or sewage by any public utility. The council shall grant a
conditional use permit only after a showing that the public safety, health and welfare will not be
hanned by the essential services. Personal wireless services and commercial broadcasting
antennas and towers shall not be eonsidered essential services.
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Sec. 78-947. Mining.
The commercial extraction of sand, gravel or other material from the land and their
removal from the site without processing shall be mining. In all districts, the conduct of mining
shall be permitted only upon issuance of a conditional use permit. Such permit shall include, as a
condition, a plan for a finished grade which will not adversely affect the surrounding land or
development of the site on which the mining is being conducted, and the route of trucks moving
to and from the sites. A bond will be required for restoration.
Sec. 78-948. Soil processing.
The operation of processing of sand, gravel or other material mined from the land shall be
permitted only by conditional use permit. Such conditional use permit shall include a site plan
where the processing is to be done, showing the location of the plant, disposal of water, route of
trucks moving to and from the site in removing processed material from the site, the condition in
which the site is intended to be left upon completion,hour of operation; and such permit shall not
be granted for a period of longer than 12 months.
Sec. 78-949. Commercial Recreation.
A conditional use nermit is required for commercial recreation uses The council shall
Qrant a conditional use nermit onlv after the applicant demonstrates that public safety health and
welfare will not be ne�ativelv affected bv the use in particular the use will not create traffic
conQestion, interfere with the oneration of adiacent uses and create an unreasonable demand for
public safetv services. If a commercial use is part of a multi-tenant buildin� any exterior
alteration shall be compatible with the architectural style of the buildin� Such conditional use
permit mav include conditions to miti ate potential adverse effects on adjacent uses including
but not limited to restricting the hours of operation and total floor area of the use
SECTION 5. This ordinance shall be effective upon its approval and publication.
ADOPTED by the City Council of the City of Orono this 28�'day of July, 2008 by a vote
of 3 ayes and 1 nayes.
CITY OF ORONO
�j,,�y �.1.,��
J es M. White,Mayor
ATTEST:
� _�� `�
Linda S. Vee, City Clerk
Published in the Sun Sailor newsp�.pers the week of August 7, 2008.
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