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AGENDA
ZONING & PLANNING COMMISSION
Tuesday, April 26, 2011
REGULAR MEETING 6:30 P.M.
COUNCIL CHAMBERS
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� ITEM: Approve and sign minutes of the March 29, 2011, regular meeting.
COMMISSION ACTION: / / / /
ITEM: MIXED USE
ITEM: REPRESENTATIVE TO UPDATE CITY COUNCIL �(�
ADJOURNMENT
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^ MEMO
To: Zoning and Planning Commission
From: Nancy Anderson
Date: April 19, 2011
Subject: Proposed mixed use ordinance
Attached is the proposed ordinance for the mixed use zoning district. Please review the
ordinance for discussion at the meeting. Don't forget to look at the uses for each area.
Some wording has been changed since the last time the Commission reviewed the
proposed ordinance. The City Attorney has reviewed the proposed ordinance.
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Attachments
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Section 543 - Zoning: Mixed Use
543.01 Mixed Use. The primary purposes of the Mixed Use Zone Districts are to:
• Provide appropriate areas for and facilitate quality mixed use development in activity
centers that are consistent with the Coinprehensive Plan's land use and transportation
goals, objective, policies and strategies;
• Accommodate intensities and patterns of developinent that can support inultiple modes of
transportation, including public transit, biking and walking;
• Group and link places used for living, working, shopping, schooling, and recreating,
thereby reducing vehicle trips, relieving traffic congestion, improving air quality in the
City and encouraging active living principles;
• Provide a variety of residential housing types and densities to assure activity in the
district and support a mix of uses, and enhance the housing choices of City residents; and
• Integrate new mixed use development with its surroundings by encouraging connections
for pedestrians and vehicles and by assuring sensitive, compatible use, scale, and
^ operational transitions to neighboring uses.
543 02 Development Standards For Mixed Use:
543.02. Parking. Parking within the inixed use district must be located in multi-level structures
or in shared parking lots, where feasible and with approval of the City. The following
requirements will apply to all uses allowed by right located within the mixed use zoning district
if a TDM or shared parking study has not been completed and approved by the City Council:
a) A miniinum of one and a maximum of 1.5 parking spaces per multi-family unit is
pennitted; one guest space per 15 units is permitted.
b) All uses other than residential shall require a parking study to detennine the
necessary parking required.
c) Where practicable, ingress and egress from parking must be from side streets or
alleys.
543.03. Travel Deinand Man�einent Plan (TDM)/ Mass Transit Links. Off-street parking
requireinents may be reduced subject to approval by the City Council, where a TDM plan,
parking and transportation study is subinitted. The TDM plan, parking and transportation study
is conducted in accordance with accepted inethodology approved by the City staff, prepared by
'� an independent traffic engineering professional under the supervision of the City and paid for by
the applicant. These plans inust address the transportation impacts of the developinent and
proposed TDM mitigating ineasures and showing that parking demand will be decreased by
access to nearby transit. Where a TDM plan is approved, a properly drawn legal instrument,
executed by the parties concerned must be filed on the property in the Recorder's or Register's
Office of Hennepin County. Five acres coinmercial, office or retail developinent or 100 �'
residential units require a TDM study.
543.04. Shared�arkin�. The City Council may approve the use of shard parking where:
a. The applicant demonstrates with a parking study that the hours, size, and inode of
operation of the respective uses, there is not substantial conflict in the peak parking
demands of the uses for which shared parking facilities is proposed, and there is adequate
parking to ineet the needs for each use. A shared parking plan inust be subinitted where
share parking is proposed that includes specific analysis on the peak characteristics of the
various uses indicated.
b. Where a shared use of parking exists with the same site or across sites, a properly drawn
legal instrument, executed by the parties concerned, must be filed as a deed restriction on
all iinpacted properties in the Hennepin County Recorder's Office. A parking study is
required and conducted in accordance with accepted methodology approved by the City
staff, prepared by an independent traffic engineering professional under the supervision
of the City and paid for by the applicant, deinonstrating that there is not a present need
for the portion of parking for which the applicant is requesting shared parking flexibility.
c. Shared parking shall be no more that 500 feet from the front door of the building sharing
the parking.
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543.05. Bicycle Parkin�.
a) Bicycle parking facilities must be provided for all office and multifamily
structures and freestanding corrunercial uses.
b) The required number of bicycle parking spaces will be based on the following:
Lon t� erm Short tenn
Multifamily Residential 1 per 2 units 1 per 20 units
Retail .50 space per employee .50 space per 1,000
square feet of net
building area
Office .25 space per 1 per 40,000
1,000 square feet square feet of net
of net building area building area
Park and Ride Facilities 10 spaces an acre 10 percent of �
parking stalls
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c) Bicycle parking facilities must be located in a well-lighted area.
d) All bicycle racks, lockers, or other facilities inust be securely anchored to the
ground or to a structure.
e) All required bicycle parking must be located within 50 feet of central or well-used
building entrances.
fl Long-tenn bicycle parking facilities provide parking for bike storage lasting eight
or more hours shall be located inside buildings or bike storage facility for added
security.
g) The ainount of short-term bicycle parking required for bike storage lasting less
than two hours inust be provided for at each building.
h) In buildings that have several uses, shared short-tenn bicycle parking facilities are
encouraged and should be centrally located between uses.
543.06. Shadow Studv. A shadow study is required for all buildings four stories or higher. The
shadow study will indicate the shadows cast at the shortest and longest days of the year. Impacts
^ of a shadow on the surrounding property may be a reason to lower and/or adjust the location or
height of building(s).
543.07. Exterior. The priinary exterior treatment of walls facing a public right-of—way or
parking lot on a structure shall be brick, cast concrete, stone, inarble or other material similar in
appearance and durability. Regular or decorative concrete block, float finish stucco, EIFS-type
stucco, ceinentitious fiber board, or wood clap board may be used on the front fa�ade as a
secondary treatment or trim but shall not be a priinary exterior treatment of a wall facing a public
right-of-way.
543.08. Buildin� Orientation. Subdivision 1. Buildings within the Mixed Use district must be
oriented toward the pedestrian by providing a direct link between each building and the
pedestrian walking systein, with emphasis on directing people to a transit station.
Subd. 2. Fa�ade. The primary street side fa�ade of a building shall not consist of an
unarticulated blank wall, flat front facades or an unbroken series of garage doors. The front of a
building shall be broken up into individual bays of a minimum of 25 feet and maxiinum of 40
feet wide.
Subd. 3. Blocks. Blocks must not exceed (600) feet in length and must provide pedestrian
connectors. These pedestrian connectors can be pedestrian easements and pathways or through-
building linkages at least every 300 feet.
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Subd. 4. Hei�ht. All nonresidential floor space provided on the ground floor of a inixed use
building inust have a minimum floor-to-ceiling height of 11 feet.
543.09. Transparencv. Subdivision 1. A minimum of 60 percent to a maximuin of 75 percent of
the front street-facing farade between two feet and eight feet in height inust comprise clear
windows that allow views of indoor nonresidential space or product display area. Side facades �'
abutting a public right-of-way shall have a miniinum of 30 percent clear windows.
Subd. 2. He�ht. The bottoin edge of any window or product display window used to satisfy the
transparency standard of paragraph (1) above may not be more than three feet above the adjacent
sidewalk.
Subd. 3. Dis la . Product display windows used to satisfy these requireinents must have a
ininimum height of four feet and be internally lighted.
Subd. 4. Windows. Transparent windows allowing visual access into and out of nonresidential
buildings shall be required on the first floor frontage along the front yard.
Subd. 5. Fenestration. 30 percent fenestration for windows above the first floor for all sides that
abut a public right-of-way.
543.10. Sidewalks. Subdivision 1. Sidewalks shall be constructed along the frontage of all
public streets and within and along the frontage of all new developinent or redevelopment.
Subd. 2. Width. Sidewalks may range in width froin a minimuin of five feet to a maximuin of
20 feet, depending on expected pedestrian traffic.
543.11. Pedestrian/Streetscapes. Subdivision 1. Street trees in grates or planters are required �
along sidewalks for all new platted streets. Existing streets inay not allow sufficient right-of-way
for street trees. If the existing right of way does not allow for street trees, landscaping, trees,
planters or street furniture will be added to the interior side of the sidewalk where the setback
will allow.
Subd. 2. I�nprovements. Pedestrian improvements of at least one percent of the project value
shall be included in the developinent. These improveinents shall create a high quality pedestrian
experience through the provision of benches, planters, drinking fountains, waste containers,
median landscaping, etc. Said improveinents shall be on all public streets that lead directly to the
station.
Subd. 3. Li h�n�. Pedestrian-scale light fixtures that shine downward on the sidewalks and
walkways shall be no greater than 12 feet in height must be provided along all sidewalks and
walkways to provide ample lighting during nighttime hours for employees, residents, and
customers.
Subd. 4. Maintenance. It shall be the responsibility of the owner of the abutting building to
inaintain the streetscape.
543.12. Landscaping. Subdivision 1. All open areas of a lot that are not used or iinproved for
required parking areas and drives shall be landscaped with a combination of overstory trees,
understory trees shrubs, flowers and ground cover inaterials. The plan for landscaping shall �
include ground cover, bushes, shrubbery, trees, sculptures, fountains, decorative walks or other
� siinilar site design features or materials. The following table is a minimuin value for the
landscaping:
Pro�ect Value Minimum
Below $1,000,000 2 percent
$1,000,000 - $2,000,000 $20,000 + 1 percent
of project value in
excess of$1,000,000
$2,000,000 - $3,000,000 $30,000 + .75 percent
of project value in
excess of$2,000,000
$3,000,000 - $4,000,000 $37,500+ .25 percent
of project value
in excess of$3,000,000
over $4,000,000 1 percent
a. Documentation showing an estimated dollar amount of landscaping shall be provided to
� the City prior to any approval.
b. All new overstory trees shall be balled and burlapped or inoved from the growing site by
tree spade. Deciduous trees shall have a minimum caliper of 2.5 inches. Coniferous trees
shall be a minimum caliper of 1.5 inches.
c. All site areas not covered by buildings, sidewalks, parking lots, driveways, patios or
similar hard surface materials shall be covered with sod or an equivalent ground cover
approved by the City. This requireinent shall not apply to site areas retained in a natural
state.
d. An underground sprinkler systein shall be provided as part of each new developinent. A
sprinkler system shall be provided for all landscaped areas except areas to be preserved in
a natural state. The sprinkler systein is required to have a sensor for an automatic shut-
off to prevent the systein from operating when it is raining.
543.13. Indoor/Outdoor Operations. All pennitted uses in the mixed use district must be
conducted within completely enclosed building unless permitted by a conditional use pennit.
This requireinent does not apply to off-street parking or loading areas, automated teller
machines, or outdoor seating area, alone or in connection with restaurants.
543. 14. Wall si n�s. Subdivision 1. Each tenant other than those in multi-tenant buildings may
-� have one flat wall sign, not extending inore than 18 inches from the face of the building, except
that such signage may extend from the face of the roof over a covered walk. Such wall signs
shall not exceed two tiines of the lineal frontage of the wall to which the business is located, to a
maximuin of 96 square feet. Signs shall not be internally illuminated.
Subd. 2. Canopies and Awnin�s. The design of canopies shall be in keeping with the overall
building design in terms of location, size, and color. No canopies with visible wall hangers shall �''
be permitted. Signage on canopies maybe substituted for allowed building signage and shall be
limited to 25 percent of the canopy area. Canopies shall not be internally illuminated.
Subd. 3. Projectin�. Projecting signs will have a maxiinum size of 12 square feet and a
maximuin width of three feet. Projecting signs cannot extend beyond the first floor of the
building. No less than 10 feet of clearance shall be provided between the sidewalk surface and
the lowest point of the projecting sign. Maximum distance between sign and building face is one
foot.
Subd. 4. Monument si�ns. One inonument sign shall be permitted for each multitenant building
provided the surface are of the sign does not exceed two square feet per front foot of lot. No sign
shall be over 150 square feet, 20 feet in height and is setback in no case less than 20 feet from the
property lines.
543.15. Drive thru. A one-lane drive thru maybe permitted with a conditional use pei7nit. The
applicant must show that the drive thru is an integral part of the building and the traffic and
queuing will not interfere with the pedestrian experience
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^ 543.16. Urban Nei�hborhood (LTN) Subdivision 1. This area is primarily located around the
Blake Transit Station. The Urban Neighborhood District is intended primarily for inixed
pedestrian-scaled, neighborhood-serving, nonresidential uses and high density residential uses
in the same structure or in close proximity to one another. Develup�ent_ir��his district-shall
p�omote pedestrian-scaled uses through comiections to adjacent neighbari�oods; -•the
construction of mixed-use buildings, and the establishment of residential and nonresidential
uses in close proxirnit�-�---ar�e another. Nonresidential uses may include small-scale retail,
service, and professional offices that provide goods and services to the residents of the
surrounding neighborhood.
Subd. 2. Hei�ht.
Height 3-4 stories for residential structures
Mixed Use 5-6 stories (retail on the first floor)
4-5 stories for office structures
Subd. 3. Floor Area Ratio.
Residential minimum FAR 2
Residential maxiinum FAR 3
Mixed use building ininimuin FAR 4
� Mixed use building maximum FAR 5
Office building minimum FAR 3
Office building maximum FAR 4
Subd. 3. Front vard setbacks alon�Blake Road and Excelsior Blvd
Residential building 15'- 25'
Office building 25'- 40'
Subd. 4. Front yard setbacks alon�2°d Street
Residential building 5' — 15'
Structured parking 5' — 15'
Office building 5'-15'
Side 10 feet
Rear 10 feet
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543.17. Downtown (DT) Subdivision 1. This area is primary located froin the Downtown
Hopkins Transit Station to Mainstreet. The Downtown District provides for development of high
density residential and vertically-integrated, mixed-uses over ground-floor, non-residential uses ~'
on lots fronting Eighth Avenue from Excelsior Boulevard to Mainstreet. This district acts as a
transition fioin the transit station to Mainstreet.
Subd 2. Develo�ment Standards
Each off-street parking area is encouraged to be designed and located so that parking lots on -
adjacent parcels inay be linked.
The principal functiona] doorway for public or direct-entry access into a building shall face the
fronting street. Corner entrances shall be provided on corner lot buildings or have dual entries.
A secondary entrance inay be oriented towards off-street surface parking.
Subd. 3. Outdoor Gathering Space
Outdoor Gathering Space shall have direct access to the sidewalk. All outdoor Gathering Spaces
will have a treatment such as a wrought iron fence, hedge, or a one to three feet wall following
the building line of the abutting buildings. The space inay have the following:
• Lighted bollards
• Movable or unmovable tables and chairs
• Fountains or other water features
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• Benches
• Seat walls and/or landscape planters
• Shade trees
• Pots or hanging baskets filled with seasonal plant material
• Infonnation kiosks
• Sculptures or other public art features
Subd. 4. Height.
Minimum height three stories from alley south of Mainstreet to Mainstreet
Minitnum FAR—2
Maxitnum FAR - 3
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� Height four stories from Excelsior Blvd to alley south of Mainstreet
Minimum FAR - 4
Maxiinuin FAR— 5
Subd. S. Setbacks
Front yard ininimuin 1 foot
maximum 5 feet - except for the following: �
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a. A portion of the building may be setback to provide an articulated farade or accorrunodate a
building entrance feature, provided that the total area of the space created must not exceed one
square foot for every linear foot of building frontage.
b. A building inay be set back to accoimnodate an outdoor eating area. To preserve the continuity
of the street wall, the building may be set back no inore that 12 feet from the front or street side
property line, or at least 40 percent of the building facade inust be located abutting a street. The
total area of an outdoor eating area that is located between a public sidewalk and the building
fa�ade may not exceed 12 times the buildings street frontage in linear feet.
Minimum side yard setback - 0
Miniinum rear yard— 10 feet
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MIXED USE �--
RESIDENTIAL UN DT CTC
(Blake) (8th Ave) (Shady
Oak)
Multi—unit dwellings x x x
Townhoines x x
COMMERCIAL
Bar/Tavern X
Antiques x x
Art Gallery X
Artisan Shop x x
Bakery x x x
Bank and Financial Services x (a) x( a) x(a)
Beauty/Barber Shop x x x
Bike Sales x x
Books—Office su plies x x
Boutiques x x
Butcher x x x
Cainera— hotographic x x �--
Clothing Store x
Clubs ( rivate—non profit) x x x
Coffee Sho x x x
Collectibles (cards, coins, comics, x x
stam s, etc)
Costume and Formal Wear Rental x x
Currency Exchange x (b ) x (b)
Day Nursery x x x
Delicatessen x x x
Dry clean and laundry x x x
Educational Facilities x x (c) x
Electronics x (d) x (d)
Einployinent agency x x x
Essential public service &utility x x x
structures
Fabric and sewing store x x
Florists x x x
Garden and landscape x(e) x (e)
Gifts and novelties x x
Glassware, china, pottery x
Health Club x x
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Hobby— craft - instruction x x
Hotel X
Karate, Dance —studio x x
Ice Cream x x x
Indoor Sports and Recreation x x(� x
Facility
Interiors—decoration studio x x
Jewelry x x
Leather goods—luggage x x
Li uors - off sale x x x
Locksmith and fixit sho x x x
Medical Service x x x
Music store X
Neighborhood market x x x
Offices x x x
Optical x x
Paint and wall aper x
Parking rainps and lots x x x
Pawn shop x x
Pet Grooining x x
Pet Store x x
'� Phannacy—drug store x x ( g)
Photography—studio x
Picture framing—art shop x
Pi e—tobacco shop x x x
Print shop x x x
Restaurant - traditional x x x
Restaurant—carry-out and x x x
delivery
Shoes—boot store x x
S orting goods x x
Stationery—card shop x x x
Street food vendors x x x
Tailoring x x x
Travel agent x x x
Variety Store x x
Vet Clinic x x x
Video/DVD—sales, rental x x x
CIVIC
Transit Station x x x
Park and Ride Facility x x x
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Public open s ace/park x x x
Conditional uses
a. Bank and Financial Services provided:
1. The applicant must show that the drive thru in an integral par of the building and �'—'
the traffic and queuing will not interfere with the pedestrian experience. It shall
be at the sole discretion of the City Council to allow a drive thru.
b. Currency Exchange:
1. the use shall be located at ]east one thousand (1,000) feet from any other currency
exchanges, secondhand goods stores, and pawnshops;
2. the use shall be located at least three hundred fifty (350) feet froin an off-sale
liquor establishment;
3. Back—lighted signs, back-lighted awnings, portable signs, temporary signs and
freestanding signs are prohibited.
c. Educational Facilities provided:
1. use shall not be located on first floor
d. Electronics provided:
1. less than 5000 square feet
e. Garden and landscape provided:
1. outside display limited to area in front of store
f. Indoor sports and recreation facility provided:
1. less than 5000 square feet �''
g. Phannacy—drug store provided:
1. less than 5000 square feet
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DEFINITIONS FOR MIXED USE
Subd. 00. Artisan Shops: retail stores selling glass, ceramics, jewelry, and other
handcrafted iteins, where the facility includes an area for the crafting of the items being sold.
Subd. 00. Assisted Livin�: provide supervision or assistance with activities of daily
living; coordination of services by outside health care providers; and monitoring of resident
activities to help to ensure their health, safety, and well-being.
Subd. 00. Banks and Financial Services: financial institutions including banks and trust
companies, credit agencies, holding companies, lending and thrift institutions other investment
companies, securities/commodity contract brokers, and dealers security and commodity
exchanges vehicle finance (equity) leasing agencies.
Subd. 00. Bar/Tavern: a bar also called a pub or tavern is a business that serves drinks,
especially alcoholic beverages such as beer, liquor, and mixed drinks, for consuinption on the
premises or adjacent outdoor seating areas.
Subd. 00. Bi�-Box Retail: any corrunercial retail establishment that meets or exceeds
50,000 square feet of gross floor area.
'�' Subd. 00. Bike Parkin�i Lon Te�r�n�. parking for mare than eight hours.
Subd. 00. Bike Parkin� Short Terni: parking for less than eight hours.
Subd. 00. Boutiques: a small retail shop that specializes in gifts, fashionable clothes, or
accessories.
Subd. 00. Delicatessen: - a shop that sells cooked or prepared foods ready for serving.
Ready-to-serve foods such as cheeses, cold cooked ineats, and salads.
Subd. 00. Educational Facilities: Includes public and private schools at the priinary,
eleinentary, middle,junior high or high school level that provide state-mandated basic education
or a coinparable equivalent. This also includes colleges, universities, and other institutions or
higher learning such as vocational or trade schools that offer courses of general or specialized
study leading to a degree or certification.
Subd. 00. Fanners Market: the sale of organic, non-organic, or otherwise locally grown
fruits, vegetables, and other agricultural products directly to the consumer by the farmer,
typically in an outdoor setting.
Subd. 00. Greenroo£ greenroofs are vegetated roof covers, with growing media and
plants taking the place of bare ineinbrane, gravel ballast, shingles or tiles. The nuinber of layers
--� and the layer placeinent inay vary from system to system and greenroof type, but at a minimum
all greenroofs include a single to multi-ply waterproofing layer, drainage, growing media and the
plants, covering the entire roof deck surface. There are two main types of greenroofs— extensive
or intensive — although a greenroof is often designed with features of both and then are referred
to as either semi-extensive or semi-intensive.
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Subd. 00. Indoor �orts and Recreation Facilitv: predominantly participant sports and
health activities conducted entirely within an enclosed building. Typical uses include bowling
alley, billiard parlor, ice/roller skating rinks, indoor racquetball courts, indoor climbing facilities,
and soccer areas.
Subd. 00. Medical Service — Clinics Offices, and Laboratories: facility primarily
engaged in furnishing outpatient medical, mental health, surgical and other personal health
services, but which are separate from hospitals, including; medical and dental laboratories,
medical, dental and psychiatric offices, out-patient care facilities, acupuncture, and other allied
health service Counseling services by other than inedical doctor psychiatrists are included under
offices.
Subd. 00. Mixed-use Buildin�: means a building that contains at least one floor devoted
to permitted nonresidential uses and at least one devoted to pennitted residential uses.
Subd. 00. Mixed Use: generally refers to a deliberate mix of housing, civic uses, and
commercial uses, including retail, restaurants, and offices.
Subd. 00. Music Store: a musical instrument retailer selling guitars, amps, sound
systems, drums, band and orchestra instruments for sale or rental and inay also have lessons
available.
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Subd. 00. Neighborhood Market: a pedestrian-oriented grocery/specialty market store
offering food products packaged for preparation and consuinption away from the site of the store
and oriented to the daily shopping needs of surrounding residential areas. Neighborhood inarkets
are less than 5,000 square feet in size and operate less than 18 hours per day. Neighborhood
markets may include deli or beverage tasting facilities that are ancillary to the market/grocery
portion of the use.
Subd. 00. Nursin� Hoine: a residential facility for person with chronic illness or
disability. May also be called a convalescent home or long-term care facility.
Subd. 00. Park and Ride Facilitv: a designated area where a vehicle inay be left in order
to carpool with other commuters or to ride public transit.
Subd. 00. Print Shop: is a business which prints and copies things such as documents
and cards for customers.
Subd. 00. Retail Sales, General: stores and shops selling merchandise. These stores and
lines of inerchandise include; art galleries, artists' supplies, bakeries, bicycles, books, cameras
and photographic supplies, clothing and accessories, collectibles (cards, coins, coinics, stamps,
etc) department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists
and houseplant stores (indoor sales), furniture, home furnishings and equipment, general stores,
gift and souvenir shops, hardware, hobby materials,jewelry, luggage and leather goods, musical �
instruments, parts and accessories, newsstands, orthopedic supplies, pet supplies sales with no
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aniinals but fish, religious goods, small wares, specialty shops, sporting goods and equipment,
stationery, toys and games, variety stores. This does not include big box retail, superstores or
warehouse clubs.
Subd. 00. Street Food Vendor: street food is a quick eat/or quick meal sold by vendor
with a push cart, basket, or at a stall, where customer can see the preparation of cooking or the
prepared street food clearly.
Subd. 00. Transit Stations: passenger stations for vehicular and rail inass transit
systems.
Subd. 00. Variet, S�e: a retail store that sells a wide range of inexpensive items.
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