HomeMy WebLinkAboutItem 09November 27, 2012
Proposed Action
Staff recommends adoption of the following motion: Move to approve an ordinance
amending Titles 3,10 and 11 of the City Code and a summary ordinance for publication.
Passage of this motion will enact the third phase of Zoning and Subdivision ordinance
amendments processed in conjunction with the development forum.
Overview
The Planning Commission and Planning Department staff are recommending approval of the
attached ordinance amending Titles 3,10 and 11 of the City Code. This ordinance
incorporates comments received from the development forum process in 2011. The major
changes proposed by this ordinance include the allowance of commercial electronic dynamic
display signs, Office Park District uses and exterior building materials, the allowance of
accessory day care uses in commercial and industrial districts, and residential development
buffer yard and temporary cul -de -sac design standards.
The Planning Commission held a public hearing on the proposed amendment at their
November 8, 2012 meeting and recommended approval on a 4 -1 vote. There was no public
comment at the public hearing. Staff recommends approval of the ordinance amending
Titles 3,10 and 11 of the City Code and the summary ordinance for publication as presented.
Primary Issues to Consider
• What input was received on the proposed ordinance amendment?
• How will the electronic dynamic display signs be reviewed and processed?
Supporting Information
• Staff analysis of issues
• Ordinance amending Titles 3,10 and 11 of the City Code
• Summary ordinance for publication
• November 12, 2012 email concerning electronic dynamic display signs
November 8, 2012 draft Planning Commission meeting minutes
Nov mb r 20, 2012 TPC memorandum and redlined ordinance
Item No.
ORDINANCE AMENDING TITLES 3, 10, AND 11 OF THE CITY CODE
DECEMBER 3, 2012 CITY COUNCIL MEETING
Daryl Mcjey, Planni Director
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): City Code
Notes:
Ordinance Amending Titles 3, 10, and 11 of the City Code
December 3, 2012 City Council Meeting
Page 2
Staff Analysis of Issues
• What input was received on the proposed ordinance amendment?
Input on the specific City Code chapters that are proposed to be modified by this
ordinance were received in conjunction with the development forum and development
survey completed last year and focus group discussions held earlier this year. Input was
also provided by the Economic Development Commission concerning the OP District uses
and exterior building materials and the commercial electronic dynamic display signs at
four meetings held over the past two years. Finally, the Planning Commission held five
work sessions over the past 18 months to review and discuss the proposed amendments
to the City Code and received input from several business owners and the Lakeville Area
Chamber of Commerce on the commercial electronic dynamic display signs.
• How will the electronic dynamic display signs be reviewed and processed?
With the adoption of the proposed ordinance, electronic dynamic display signs will be
allowed in the C -2 and C -3 districts, as well as the P -OS District as currently allowed. Based
upon input received from the Planning Commission, Economic Development
Commission, and the Chamber of Commerce all new electronic dynamic display signs will
require Zoning Administrator approval of a license that must be renewed annually. The
fee for the initial license and annual renewal will be considered at the December 17, 2012
City Council meeting. The three existing electronic changeable copy signs (Lakeville
North High School /Ames Arena, the Arts Center, and Cross of Christ Community Church)
are grandfathered and as such are not subject to the proposed licensing requirement or
performance standards.
3 -21 -1: PURPOSE AND INTENT:
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3 (BUSINESS LICENSING), TITLE 10
(SUBDIVISION ORDINANCE) AND TITLE 11 (ZONING ORDINANCE) OF THE
LAKEVILLE CITY CODE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Title 3 of the City Code is hereby amended to include the following
provisions:
CHAPTER 21
DYNAMIC DISPLAY SIGNS
3 -21 -1: Purpose and Intent
3 -21 -2: Definitions
3 -21 -3: License Required
3 -21 -4: Issuance of License
3 -21 -5: Expiration and Renewal of License
3 -21 -6: Administration and Enforcement
3 -21 -7: Performance Standards
3 -21 -8: Severability
A. The City has established the fundamental basis for the regulation of signs
generally in Section 11 -23 -1 of the City Code.
B. The City finds that dynamic display signs are highly visible from long distances
and at very wide viewing angles both day and night and are designed to attract
the attention of persons in their vicinity and hold it for extended periods of time
and that if the operation of such signs is not regulated, there is potential for
significant harm to public health, safety and welfare.
C. It is not the purpose or intent of this Chapter to regulate the message displayed
on any dynamic sign but to:
1. Allow for operation of dynamic signs in compliance with the standards set
forth in this Chapter to lessen the impact of such signs on the environment
and the public health, safety and welfare.
2. Provide for the administration and enforcement of provisions regulating
the operation of dynamic display signs as set forth in this Chapter.
3 -21 -2: DEFINITIONS: The following words and terms, wherever they occur in
this Chapter, shall be interpreted as herein defined:
APPLICANT: The owner, their agent or person having legal control, ownership and /or
interest in land for which the provisions of this Chapter are being considered or
reviewed.
CHANGEABLE COPY SIGN, ELECTRONIC: A sign or portion thereof that displays
electronic, nonpictorial text information in which each alphanumeric character, graphic,
or symbol is defined by a small number of matrix elements using different combinations
of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices
within the display area. Electronic changeable copy signs include computer
programmable, microprocessor controlled electronic displays. Electronic changeable
copy signs include projected images or messages with these characteristics onto
buildings or objects. Electronic changeable copy signs do not include official signs.
DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or
that appear to change, caused by any method other than physically removing and
replacing the sign or its components, whether the apparent movement or change is in
the display, the sign structure or any other component of the sign. This includes
displays that incorporate technology or methods allowing the sign face to change the
image without having to physically or mechanically replace the sign face or its
components as well as any rotating, revolving, moving, flashing, blinking or animated
display and any display that incorporates rotating panels, LED lights manipulated
through digital input, digital ink or any other method or technology that allows the sign
face to present a series of images or displays.
ELECTRONIC GRAPHIC DISPLAY SIGN: A sign or portion thereof that displays
electronic, static images, static graphics or static pictures, with or without text
information, defined by a small number of matrix elements using different combinations
of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices
within the display area where the message change sequence is accomplished
immediately or by means of fade, repixalization or dissolve modes. Electronic graphic
display signs include computer programmable, microprocessor controlled electronic or
digital displays. Electronic graphic display signs include projected images or messages
with these characteristics onto buildings or other objects.
ILLUMINATED SIGN: Any sign which contains an element designed to emanate
artificial light internally or externally.
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MULTIVISION SIGN: Any sign composed in whole or part of a series of vertical or
horizontal slats or cylinders that are capable of being rotated at intervals so that partial
rotation of the group of slats or cylinders produces a different image and when properly
functioning allows on a single sign structure the display at any given time one of two (2)
or more images.
OFFICIAL SIGN: Signs of a public noncommercial nature including public notification
signs, safety signs, traffic signs, direction to public facilities when erected by or on
behalf of a public official or employee in the performance of official duty.
SIGN: Any letter, word or symbol, poster, picture, statuary, reading matter or
representation in the nature of advertisement, announcement, message or visual
communication, whether painted, posted, printed, affixed or constructed, including all
associated brackets, braces, supports, wires and structures, which is displayed for
informational or communicative purposes.
VIDEO DISPLAY SIGN: A sign that changes its message or background in a manner or
method of display characterized by motion or pictorial imagery, which may or may not
include text and depicts action or a special effect to imitate movement, the presentation
of pictorials or graphics displayed in a progression of frames that gives the illusion of
motion, including, but not limited to, the illusion of moving objects, moving patterns or
bands of light, or expanding or contracting shapes, not including electronic changeable
copy signs. Video display signs include projected images or messages with these
characteristics onto buildings or other objects.
ZONING ADMINISTRATOR: The person designated by the City Administrator to be the
Zoning Administrator for the City of Lakeville.
3 -21 -3: LICENSE REQUIRED: Display or operation of a dynamic display sign
within the City of Lakeville shall require approval of a valid license issued by the City
pursuant to this Chapter.
3 -21 -4: ISSUANCE OF LICENSE:
A. Application Form: An application for a license must be submitted by the
property owner or their authorized agent on a form provided by the Zoning
Administrator.
B. Fees. The applicant shall pay the license fee as adopted by the City Council by
Ordinance for the application to be accepted.
C. Required Information:
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1. An application shall be considered complete if it includes the information
required in this section.
2. The application shall include the following information:
a. Names and addresses of the sign contractor and owners of the sign
and lot.
b. Written consent of the owner or lessee of any site on which the sign
is to be erected.
c. The address at which any signs are to be erected.
d. The lot, block and addition at which the signs are to be erected and
the street on which they are to front.
e. Type and size of sign and type of dynamic display.
f. The specifications of the signs related to illumination and
brightness.
g.
D. Zoning Administrator Review:
Specifications for controls needed to regulate the display both for
normal operation and in the event of a malfunction.
h. Any electrical permit required and issued for the sign.
3. The applicant shall provide any and all other information as may be
requested by the Zoning Administrator to determine compliance with this
Chapter.
1. The Zoning Administrator shall approve or deny an application for a
license within (60) days of a complete application being submitted with
written notice to be provided to the applicant.
2. Applications found to be in compliance with the requirements of this
Chapter shall be issued a license that shall expire on December 31 of the
same year.
3. The Zoning Administrator shall state in writing the reasons for an
application for a license having been denied. The applicant may resubmit
an application for a license in accordance with the procedures in this
Section or, within ten (10) days of the Zoning Administrator's decision,
submit an appeal in accordance with Section 3- 21 -6.E.3 of this Chapter.
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E. Transferability: Licenses are issued to the applicant only and for one location,
and such licenses are nontransferable between property owners, tenants or
locations.
3 -21 -5: EXPIRATION AND RENEWAL OF LICENSE:
A. All licenses expire on December 31 of each year.
B. Each license may be renewed only by making application as provided in Section
3 -21 -4 of this Title.
C. Application for renewal shall be made at least sixty (60) days before the
expiration date.
D. Each renewal license shall be issued for a maximum period of one (1) year.
3 -21 -6: ADMINISTRATION AND ENFORCEMENT:
A. This Chapter shall be administered by the Zoning Administrator.
B. Inspections.
1. Any licensee shall, at all times during the term of the license, allow the
Zoning Administrator to enter the premises for the purpose of verifying
compliance with the requirements of this Chapter.
2. The licensee shall provide certification as to compliance with Section 3 -31-
7.B.5 of this Chapter to the City upon request by the Zoning Administrator.
C. Suspension. The Zoning Administrator may suspend a license for a period not to
exceed thirty (30) days following written notice and an opportunity to be heard if
the Zoning Administrator determines that a licensee has violated or is not in
compliance with this Chapter.
D. Revocation:
1. Notice: The Zoning Administrator shall issue a written statement of intent
to revoke a license if a cause of suspension in Section 3- 21 -6.D.2 of this
Chapter occurs.
2. Basis For Revocation: The Zoning Administrator may initiate action to
revoke a license if the Zoning Administrator determines that:
a. The license has been suspended two (2) times within the preceding
twelve (12) months.
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b. A licensee has knowingly operated an electronic sign during a
period of time when the licensee's license was suspended.
c. A licensee is delinquent in payment to the City for ad valorem taxes
or other taxes or fees related to business.
3. Process:
a. Within ten (10) days of receipt of such notice of suspension or
intent to revoke, the licensee may provide to the Zoning
Administrator, in writing, a response that shall include a statement
of reasons why the license should not be suspended or revoked.
b. Within three (3) days of the receipt of licensee's written response,
the Zoning Administrator shall notify respondent in writing of the
hearing date on licensee's suspension, or revocation proceeding.
c. Appeal and Hearing:
(1) Within thirty (30) working days of the receipt of licensee's
written response, the City Council shall conduct a hearing on
licensee's appeal of the Zoning Administrator's decision.
(2) Hearings on the appeal shall be open to the public and the
licensee or applicant shall have the right to appear and be
represented by legal counsel and to offer evidence in its
behalf.
(3)
At the conclusion of the hearing, the City Council shall make
a final decision.
(a) If a response is not received by the City in the time
stated or, if after the hearing, the City Council finds
that grounds as specified in this Chapter exist for
suspension or revocation, then such suspension or
revocation shall become final three (3) days after the
City sends written notice that the license has been
suspended, or revoked. Such notice shall include a
statement advising the applicant or licensee of the
right to appeal such decision to a court of competent
jurisdiction.
(b) If the City Council finds that no grounds exist for
denial, suspension, or revocation of a license, then
within three (3) days after the hearing, the Zoning
Administrator shall withdraw the intent to suspend or
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3 -21 -7: PERFORMANCE STANDARDS:
revoke the license, and shall so notify the licensee in
writing of such action.
A. Allowed Signs: Only those dynamic display signs defined and identified herein
shall be allowed to be operated within the City in accordance with this Chapter
and the Zoning Ordinance:
1. Electronic changeable copy signs.
2. Electronic graphic display signs.
B. The operation of a dynamic display sign allowed by this Chapter shall conform to
the following requirements:
1. The display shall change display not more often than once every one (1)
minute.
2. The display sign shall not include scrolling, flashing, animation, or other
effects that create a traffic hazard.
3. The display must be static and the transition from one static display to
another must be instantaneous without any special effects.
4 The display must be complete in themselves, without continuation in
content to the next image or message.
5. Brightness:
a. The brightness of the sign shall not exceed 5,000 NITS after
sunrise and before sunset or 500 NITS after sunset and before
sunrise each day.
b. The sign shall be equipped with an automatic dimmer control or
other mechanism that automatically controls the sign's brightness
to comply with this condition.
6. Malfunctions:
1. The display must be designed and equipped to freeze the device in
one position if a malfunction of the electronic display occurs.
2. The display must also be equipped with a means to immediately
discontinue the display if it malfunctions, and the sign owner must
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immediately stop the electronic display when notified by the City
that it is not complying with the stipulations of this section.
7. The sign shall comply with Chapter 23 of the Zoning Ordinance.
3 -21 -8: SEVERABILITY: If any section, sentence, clause or phrase of this
chapter is for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this chapter. The city council hereby declares that it would
have adopted the Chapter and each subsection, sentence, clause, or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses
or phrases be declared invalid.
Section 2. Section 10 -1 -6 of the City Code is hereby amended to revise the
following definition:
OUTLOT: A parcel of land included in a plat identified by a capital letter and is land that
is not part of a block.
Section 3. Section 10- 4 -3.D.2 of the City Code is hereby amended to read as
follows:
2. The temporary cul -de -sac must be placed inside a temporary roadway
easement if it is located outside street right of way.
Section 4. Section 10- 4 -3.D.4 of the City Code is hereby amended to read as
follows:
4. The developer shall submit a cash escrow in an amount as determined by
the City Engineer for removal of the temporary cul -de -sac and restoration
of the area limited to placement of sod and asphalt driveway within the
temporary roadway easement.
Section 5. Section 11 -2 -3 of the City Code is hereby amended to revise the
following definition:
OUTLOT: A parcel of land included in a plat identified by a capital letter and is land that
is not part of a block.
Section 6. Section 11 -16 -25 of the City Code is hereby amended to read as
follows:
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11- 16 -25: NOISE: Noises emanating from any use shall be in compliance with and
regulated by the Minnesota Pollution Control Agency in accordance with Minnesota
Statutes and Rules, but in no case shall noise emanations constitute a nuisance as
defined and regulated by the City Code.
Section 7. Section 11- 17- 9.B.1.a of the City Code is hereby amended to read
as follows:
a. Brick or custom masonry units (CMU) having a brick -like
appearance.
Section 8. Section 11- 17 -9.D of the City Code is hereby amended to read as
follows:
D. Commercial, Office And Institutional Uses: The exterior of commercial, office
and institutional buildings shall include a variation in building materials and forms
to be distributed throughout the facade and coordinated into the design of the
structure to create an architecturally balanced appearance and shall comply with
the following requirements:
1. Commercial Districts (except O -P District):
a. The exterior building finish shall use at least three (3) grade A
materials.
b. The exterior building finish shall be composed of at least sixty five
percent (65 %) grade A materials; not more than thirty five percent
(35 %) grade B or grade C material and not more than ten percent
(10 %) grade D materials.
2. O -P District Uses And All Institutional Uses Regardless of Zoning District:
a. The exterior building finish shall be composed of at least sixty -five
percent (65 %) grade A materials and /or integral color architecturally
precast concrete panels with a form liner, tooled, natural stone
veneer, brick face and /or cast stone type finish, not more than
thirty -five percent (35 %) other grade B and grade C materials and
not more than ten percent (10 %) grade D materials.
3. All sides of the principal and accessory structures are to have essentially
the same or coordinated harmonious exterior finish treatment.
Section 9. Section 11- 17 -19.0 of the City Code is hereby amended to read as
follows:
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C. Commercial And Industrial Buildings And Uses: Subject to the other provisions
of this Title, commercial and industrial uses, as allowed within the respective
zoning districts, may be allowed on unsewered lots that are not within the current
Municipal Urban Service Area (MUSA) defined by the Comprehensive Plan or on
unsewered lots within the current MUSA where public sanitary sewer is not
available to the property to allow connection as determined by the City Engineer
by interim use permit, provided that:
1. Except as herein provided, the minimum lot size for each principal use is
ten (10) acres. The minimum lot size shall not apply to smaller separate
parcels of record in separate ownership lawfully existing prior to
November 7, 1977, provided the conditions of the conditional use permit
are met.
2. An interim use permit shall not be granted unless it can be demonstrated
by means satisfactory to the city that the use:
a. Will not result in groundwater, soil or other contamination which
may endanger the public health.
b. Will not increase future city utility service demands and expense.
c. Will not jeopardize public safety and general welfare.
3. The interim use permit shall terminate upon the property being included in
the MUSA and where public sanitary sewer is available to the property to
allow connection as determined by the City Engineer in addition to the
provisions of Section 11 -5 -7 of this Title.
Section 10. Section 11- 21- 5.F.4.a of the City Code is hereby amended to read
as follows:
a. Within front yards, side yards of a corner lot or rear yards of a double
frontage lot abutting a public right of way the fence shall not exceed forty
eight inches (48 ") in height and shall be at least seventy five percent
(75 %) open space for the passage of air and light, except as allowed by
subsection F4b of this section.
Section 11. Section 11- 21- 5.F.4.b(1) of the City Code is hereby amended to
read as follows:
(1) The fence shall be set back ten feet (10')
from the property line abutting a public
right -of -way on lots of record and
10
Section 12. Section 11- 21 -9.C.1 of the City Code is hereby amended to read as
follows:
1. Minimum Size: All plants must at least equal the following minimum size in
conformance with American Nursery Association standards measured from the
top of the ball or container to the top of the tree /shrub or bottom of the evergreen
leader as shown below:
Shade trees
Ornamental trees (flowering crabs, hawthorn serviceberry, etc.)
Coniferous evergreen trees
Tall shrubs and hedge material (evergreen or deciduous)
Low shrubs:
1
Deciduous
preliminary platted lots having legal
standing established after January 1, 1994,
except where additional setback is required
by section 11- 21 -5.E of this section.
11
Balled And
1 Burlapped /Container
2 inch diameter
1
' 2 inch diameter
I, 6 - 7 foot, clump form
8 feet
13 - 4 feet
Coniferous evergreen 18 - 24 inch
Spreading coniferous evergreen E 18 - 24 inch spread
Caliper :tearamed
6" above Ground:.
Let
S sae le aincit Crimp; Farm
OirLarnenial Tomes
Ornamental: Tree
1. Lot And Setback Requirements:
12
T and Shrub
Measurement
iharysteen Tapes
Section 13. Section 11- 21 -9.E.1 of the City Code is hereby amended to read as
follows:
a. For double frontage lots, the following standards shall apply:
RS -1 RS -2 E RS -3 ` RS -4 RST -1 ; RST -2
Lot depth 170' 170' 150' 150' 150' 150'
b. For corner lots where the side yard abuts the major collector or
arterial street, the following standards shall apply:
RS -1 RS -2 RS -3 RS -4 RST -1 RST -2
Lot width ! 130' 130' ; 110' 110' 110' 110'
97rub
c. For lots preliminary platted after February 16, 1999, the following
setback requirements shall apply to the yard of a lot abutting a
major collector or arterial street:
I RS -1 j RS -2 ; RS -3 ' RS -4 ! RST -1 RST -2 ; RM -1 RM -2 RH -1 s RH -2
Side yard ! 40' 40' 30' 30' 30' 30' 50' 50' 50' 50'
Rear yard 50' 50' ; 50' 50' 50' 50' 50' 50' 50' 50'
Section 14. Section 11- 21- 9.E.6.a of the City Code is hereby amended to read
as follows:
a. Buffer Yards: Except where natural vegetation is acceptable, buffer
yards shall contain a combination of earth berms, plantings, or
privacy fencing of a sufficient density to provide a minimum visual
screen and a reasonable buffer a minimum height of ten (10) feet:
(1) The height of the buffer yard shall be measured along a line
drawn at the back of the curb of the roadway, or the edge of
bituminous, to the ground elevation at the rear line of the
building pad to the height of the plantings to be installed as
defined by this Section.
(2) Where the grade elevation of the first floor of the building for
which the buffer is providing protection is more than ten feet
(10') above the grade of an adjacent major collector or
arterial street, the minimum screening height requirements of
this section shall not apply.
(3)
Where the grade elevation of the first floor of the building for
which the buffer is providing protection is more than six feet
(6') below the centerline grade of an adjacent major collector
or arterial street, the minimum screening height
requirements shall be reduced by four feet (4') along major
collector or arterial streets.
Section 15. Section 11- 21- 9.E.6.d of the City Code is hereby amended to read
as follows:
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d. Earth Berms: Earth berms within designated buffer yards shall adhere to
the following:
(1) The slope of the earth berm shall not exceed a three to one (3:1)
slope unless approved by the city engineer.
(2) The earth berm shall contain no less than four inches (4 ") of topsoil.
Section 16. Section 11- 23 -15.F of the City Code is hereby amended to read as
follows:
F. Illuminated Signs:
1. Illuminated signs shall be shielded to prevent lights from being
directed at oncoming traffic in such brilliance that it impairs the
vision of the driver and may not interfere with or obscure traffic
signs or signals. Lighting may not illuminate any adjacent
properties, buildings, or streets.
2. No sign incorporating LED lighting may be illuminated in any way
so as to exceed a maximum intensity of five thousand (5,000) NITS
during daylight hours or five hundred (500) NITS from sunset to
sunrise measured at the sign face at maximum brightness.
3. Signs using fluorescent, neon or incandescent light sources shall
not exceed twelve (12) watts per square foot of sign surface area.
4. All signs incorporating LED lighting installed after [EFFECTIVE
DATE] shall be equipped with a mechanism that automatically
adjusts the brightness to ambient lighting conditions to conform to
the requirements of this Section.
5. The owner of any LED illuminated sign shall provide certification as
to compliance with Section 11- 23- 15.F.2 and 3 of this Title to the
City upon request by the Zoning Administrator.
Section 17. Section 11- 23 -15.K of the City Code is hereby amended to read as
follows:
K. All exterior mounted signs shall be constructed of high quality materials,
durable and resistant to fading, cracking, chipping, peeling or other forms
of extreme wear and except within the C -CBD District shall not be applied
with paint directly onto the exterior surface of the building.
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Section 18. Section 11- 23- 15.M.1 of the City Code is hereby amended to read
as follows:
1. Freestanding signs:
a. The height of the sign shall be measured from the ground at the base to
the highest -most part of the structure.
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b. On commercial and industrial properties with an elevation below that of
the centerline of the adjacent street, measured at the closest distance
between the sign location and centerline of the street, the height of a
freestanding sign may increase to be not more than the allowed height of
a freestanding sign within the applicable district above the centerline
elevation of the street with a total height not to exceed more than ten (10)
feet above the maximum height of the applicable district.
Section 19. Section 11- 23 -15.T of the City Code is hereby amended to read as
follows:
T. Changeable Copy Signs:
1. For commercial and industrial uses, one 40- square foot changeable
copy sign (but not including electronic changeable copy or
electronic graphic display signs) shall be allowed per site provided
that the changeable copy area of the sign is integrated into the
allowed freestanding sign for the respective zoning district.
2. Within the C -2 and C -3 Districts, one (1) electronic changeable
copy or electronic graphic display sign may be allowed provided
that:
a. Operation: The operation of the electronic sign shall require
issuance of a license pursuant to Section 3 -21 -3 of the City
Code.
b. Location.
(1) The sign shall be displayed only in a yard abutting an
arterial, minor expander, minor connector or minor
reliever street, collector or local commercial street as
defined by the Comprehensive Plan.
(2) The sign shall be setback a minimum of fifty (50) feet
from any side or rear lot line abutting a residential
district.
b. Sign Structure:
(1) The electronic changeable copy or graphic display
shall be incorporated as part of the freestanding sign
allowed by Section 11- 23 -19.E of this Title.
(2) The sign including the electronic changeable copy or
graphic display element shall be a monument sign
constructed as follows:
(a) The electronic changeable copy or graphic
display element shall not exceed forty (40)
square feet and shall be integral and
contiguous to the overall sign display.
(b) The sign shall be self- supported vertically by a
solid base extending horizontally for a
minimum of the entire width of the sign face.
(c) The total height of the sign structure including
the base shall not exceed fifteen feet (15').
(d) The sign base and supporting material
constructed of stone, brick, or decorative
masonry shall be equal to at least forty percent
(40 %) of the total allowable sign area, but shall
not be counted toward the sign area and shall
not contain any sign copy.
Section 20. Section 11 -23- 15.X.1 of the City Code is hereby amended add the
following provision:
f. The sign may be illuminated but only an external light source
shall be allowed within residential districts.
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Section 21. Section 11- 23 -17.H of the Lakeville City Code is hereby amended to
read as follows:
H. Electronic graphic display signs except as allowed by Sections 11-
23-15.T.2 and 11- 23- 19.H.1.d of this Title.
Section 22. Section 11- 23- 19.H.1.d(2) of the Lakeville City Code is hereby
amended to read as follows:
(2) For city of Lakeville public administration, fire stations, police
department buildings, ice arenas and public maintenance
buildings and ISD 192, ISD 194 and ISD 196 school district
uses only, as allowed by chapter 97 of this title, the
changeable copy sign allowed by this section may utilize
electronic graphic display provided that:
(A) An electronic graphic display sign shall be displayed
only in a yard abutting a minor expander, minor
connector or minor reliever street as defined by the
comprehensive plan.
(B) The operation of the electronic sign shall require
issuance of a license pursuant to Section 3 -21 -3 of
the City Code.
Section 23. Section 11 -27 -3 of the City Code is hereby amended to read as
follows:
11 -27 -3: QUALIFICATION: To qualify for a building permit for a model home, which
may include a temporary real estate office, the following shall be required:
A. Upon receipt of final plat approval and recording building permits may be issued
for model homes and /or temporary real estate offices, provided that the number
of model homes and /or temporary real estate offices shall not exceed the greater
of two (2) buildings or ten percent (10 %) of the lots within the final plat.
B. No certificate of occupancy shall be issued for a model home and /or temporary
real estate office until the infrastructure improvements including the first lift of
asphalt have been completed and approved by the City Engineer.
Section 24. Section 11- 31 -5.F of the City Code is hereby amended to read as
follows:
17
F. Signage: All signing and informational or visual communication devices
shall be regulated by the sign provisions for the district in which the use is
located as set forth in Chapter 23 of this Title.
Section 25. Section 11- 35 -3.B.2 of the City Code is hereby amended to read as
follows:
2. The number of horses does not exceed one (1) per acre or ten (10) animal
units, whichever is less, unless a higher number is granted by the
issuance of an interim use permit.
Section 26. Section 11- 35 -5.B.1 of the City Code is hereby amended to read as
follows:
1. No new animal feedlots shall be established within the City after April 5,
2004 except as allowed by Section 11- 35 -3.B of this Title.
Section 27. Section 11- 70 -7.D of the City Code is hereby amended to read as
follows:
D. Daycare: Daycare facilities as a principal use provided that the use
complies with the provisions of Chapter 31 of this Title.
Section 28. Section 11 -70 -11 of the City Code is hereby amended to add the
following provision:
E. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
Section 29. Section 11- 71 -7.0 of the City Code is hereby amended to read as
follows:
C. Daycare: Daycare facilities as a principal use provided that the use
complies with the provisions of Chapter 31 of this Title.
Section 30. Section 11 -71 -11 of the City Code is hereby amended to add the
following provision:
G. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
18
Section 31. Section 11- 72 -7.G of the City Code is hereby amended to read as
follows:
G. Daycare: Daycare facilities as a principal use provided that the use
complies with the provisions of Chapter 31 of this Title.
Section 32. Section 11- 72 -9.A of the City Code is hereby amended to read as
follows:
A. Outdoor service, sale and rental as an accessory use, provided that:
1. Outside services, sales and equipment rental connected with the
principal use is limited to thirty percent (30 %) of the gross floor area
of the principal use.
2. Outside sales areas are fenced or screened from view of
neighboring residential uses or an abutting residential district in
compliance with section 11 -21 -9 of this Title.
3. Sales area is surfaced with asphalt, concrete or pavers to control
dust.
4. The use does not take up parking space as required for conformity
to this title.
5. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the City Council in accordance with
section 11 -5 -7 of this Title.
Section 33. Section 11- 72 -9.B of the City Code is hereby amended to read as
follows:
B. Outdoor storage as an accessory use, provided that:
1. Outside storage connected with the principal use is limited to thirty
percent (30 %) of the gross floor area of the principal use.
2. The storage area is fenced and screened from view of neighboring
residential uses, abutting residential districts and the public right of
way in compliance with Section 11 -21 -9 of this Title.
3. The storage area is surfaced with asphalt, concrete or pavers to
control dust.
19
4. The storage area does not take up parking space as required for
conformity to Chapter 19 of this Title.
5. The storage does not include any waste, except as provided in
Section 11 -18 -11 of this Title.
6. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the city council in accordance with
Section 11 -5 -7 of this Title.
Section 34. Section 11 -72 -11 of the City Code is hereby amended to add the
following provision:
G. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
Section 35. Section 11- 73 -7.G of the City Code is hereby amended to read as
follows:
G. Daycare: Daycare facilities as a principal use provided that the use
complies with the provisions of Chapter 31 of this Title.
Section 36. Section 11- 73 -9.A of the City Code is hereby amended to read as
follows:
A. Outdoor service, sale and rental as an accessory use, provided that:
1. Outside services, sales and equipment rental connected with the
principal use is limited to thirty percent (30 %) of the gross floor area
of the principal use.
2. Outside sales areas are fenced or screened from view of
neighboring residential uses or an abutting residential district in
compliance with section 11 -21 -9 of this Title.
3. Sales area is surfaced with asphalt, concrete or pavers to control
dust.
4. The use does not take up parking space as required for conformity
to this title.
5. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the City Council in accordance with
section 11 -5 -7 of this Title.
20
Section 37. Section 11- 73 -9.B of the City Code is hereby amended to read as
follows:
B. Outdoor storage as an accessory use, provided that:
1. Outside storage connected with the principal use is limited to thirty
percent (30 %) of the gross floor area of the principal use.
2. The storage area is fenced and screened from view of neighboring
residential uses, abutting residential districts and the public right of
way in compliance with Section 11 -21 -9 of this Title.
3. The storage area is surfaced with asphalt, concrete or pavers to
control dust.
4. The storage area does not take up parking space as required for
conformity to Chapter 19 of this Title.
5. The storage does not include any waste, except as provided in
Section 11 -18 -11 of this Title.
6. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the city council in accordance with
Section 11 -5 -7 of this Title.
Section 38. Section 11 -73 -11 of the City Code is hereby amended to add the
following provision:
G. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
Section 39. Section 11- 74 -7.G of the City Code is hereby amended to read as
follows:
G. Daycare: Daycare facilities as a principal use provided that the use
complies with the provisions of Chapter 31 of this Title.
Section 40. Section 11- 74 -9.A of the City Code is hereby amended to read as
follows:
A. Outdoor service, sale and rental as an accessory use, provided that:
21
1. Outside services, sales and equipment rental connected with the
principal use is limited to thirty percent (30 %) of the gross floor area
of the principal use.
2. Outside sales areas are fenced or screened from view of
neighboring residential uses or an abutting residential district in
compliance with section 11 -21 -9 of this Title.
3. Sales area is surfaced with asphalt, concrete or pavers to control
dust.
4. The use does not take up parking space as required for conformity
to this title.
5. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the City Council in accordance with
section 11 -5 -7 of this Title.
Section 41. Section 11- 74 -9.B of the City Code is hereby amended to read as
follows:
B. Outdoor storage as an accessory use, provided that:
1. Outside storage connected with the principal use is limited to thirty
percent (30 %) of the gross floor area of the principal use.
2. The storage area is fenced and screened from view of neighboring
residential uses, abutting residential districts and the public right of
way in compliance with Section 11 -21 -9 of this Title.
3. The storage area is surfaced with asphalt, concrete or pavers to
control dust.
4. The storage area does not take up parking space as required for
conformity to Chapter 19 of this Title.
5. The storage does not include any waste, except as provided in
Section 11 -18 -11 of this Title.
6. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the city council in accordance with
Section 11 -5 -7 of this Title.
Section 42. Section 11 -74 -11 of the City Code is hereby amended to add the
following provision:
22
Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
Section 43. Section 11 -74 -15 of the City Code is hereby amended to read as
follows:
11- 74 -15: LOT REQUIREMENTS AND SETBACKS: The following minimum
requirements shall be observed in a C -CBD district subject to additional requirements,
exceptions and modifications set forth in this title:
Lot area
Lot
width
Setbacks
None
None
None except where a lot zoned C -CBD fronting onto a street other than Holyoke
Avenue abuts a residential zoned property along a common side lot line then the
front yard setback shall be twenty (20) feet and the side or rear yard setback
abutting any residential zoned property shall be thirty (30) feet.
Section 44. Section 11 -75 -3 of the City Code is hereby amended add the
following provision:
K. Light manufacturing that does not generate exterior smoke, dust,
odor, fumes or noise emissions and is less than 50% of the
principal building floor area.
Section 45. Section 11- 75 -7.0 of the City Code is hereby amended to read as
follows:
C. Daycare: Daycare facilities as a principal use provided that the use
complies with the provisions of Chapter 31 of this Title.
Section 46. Section 11 -75 -7 of the City Code is hereby amended add the
following provision:
L. Light manufacturing that is fifty (50 %) percent of the principal
building floor area or greater, provided that:
23
a. The use does not generate exterior smoke, dust, odor,
fumes or noise emissions.
b. The use shall comply with all applicable exterior building
materials and landscaping requirements of the O -P District.
c. There shall be no outdoor storage allowed as a principal or
accessory use.
d. The proposed use is not a waste facility as regulated by the
City Code.
Section 47. Section 11 -75 -11 of the City Code is hereby amended to add the
following provision:
F. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
Section 48. Section 11- 85 -7.0 of the City Code is hereby amended to read as
follows:
C. Daycare: Daycare facilities as a principal use provided that the use
complies with the provisions of Chapter 31 of this Title.
Section 49. Section 11 -85 -11 of the City Code is hereby amended to add the
following provision:
G. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of chapter 31 of this title.
Section 50. Section 11- 86 -7.E of the City Code is hereby amended to read as
follows:
E. Daycare: Daycare facilities as a principal use provided that the use
complies with the provisions of Chapter 31 of this Title.
Section 51. Section 11 -86 -11 of the City Code is hereby amended to add the
following provision:
H. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
24
Section 52. Section 11- 87 -7.E of the City Code is hereby amended to read as
follows:
E. Daycare: Daycare facilities as a principal use provided that the use
complies with the provisions of Chapter 31 of this Title.
Section 53. Section 11 -87 -11 of the City Code is hereby amended to add the
following provision:
H. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
Section 54. This ordinance shall be in full force and effect upon its passage and
publication according to law.
ADOPTED by the City Council of the City of Lakeville, Minnesota, this 3
day of December, 2012.
ATTEST:
BY:
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
BY:
25
Mark Bellows, Mayor
SUMMARY ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLES 3 (BUSINESS AND LICENSE
REGULATIONS), 10 (SUBDIVISION ORDINANCE), AND 11 (ZONING ORDINANCE)
OF THE LAKEVILLE CITY CODE
This ordinance amends Titles 3, 10 and 11 of the Lakeville City Code. Amendments
have been made to the following chapters of the City Code:
Title 3 (Business and License Regulations)
Chapter 21 (Dynamic Display Signs)
Title 10 (Subdivision Ordinance)
Chapter 1 -6 (Definitions)
Chapter 4 -3 (Streets and Alleys)
Title 11 (Zoning Ordinance)
Chapter 2 -3 (Definitions)
Chapter 16 -25 (Noise)
Chapter 17 -9 (Building Type and Construction)
Chapter 17 -19 (Minimum Lot Area, Unsewered Lots)
Chapter 21 -5 (Fences)
Chapter 21 -9 (Required Screening and Landscaping)
Chapter 23 -15 (General Sign Regulations)
Chapter 23 -17 (Prohibited Signs)
Chapter 27 -3 (Model Home Qualifications)
Chapter 31 -5 (Daycare General Provisions)
Chapter 35 -3 (Keeping Animals)
Chapter 35 -5 (Animal Feedlots)
Chapter 70 -7 (O -R District Conditional Uses)
Chapter 70 -11 (O -R District Uses by Administrative Permit)
Chapter 71 -7 (C -1 District Conditional Uses)
Chapter 71 -11 (C -1 District Uses by Administrative Permit)
Chapter 72 -7 (C -2 District Conditional Uses)
Chapter 72 -9 (C -2 District Interim Uses)
Chapter 72 -11 (C -2 District Uses by Administrative Permit)
Chapter 73 -7 (C -3 District Conditional Uses)
Chapter 73 -9 (C -3 District Interim Uses)
Chapter 73 -11 (C -3 District Uses by Administrative Permit)
Chapter 74 -7 (C -CBD District Conditional Uses)
Chapter 74 -9 (C -CBD District Interim Uses)
Chapter 74 -11 (C -CBD District Uses by Administrative Permit)
Chapter 74 -15 (C -CBD District Lot Requirements and Setbacks)
Chapter 75 -3 (O -P District Permitted Uses)
Chapter 75 -7 (O -P District Conditional Uses)
Chapter 75 -11 (O -P District Uses by Administrative Permit)
Chapter 85 -7 (I -CBD District Conditional Uses)
Chapter 85 -11 (I -CBD District Uses by Administrative Permit)
Chapter 86 -7 (I -1 District Conditional Uses)
Chapter 86 -11 (I -1 District Uses by Administrative Permit)
Chapter 87 -7 (I -2 District Conditional Uses)
Chapter 87 -11 (I -2 District Uses by Administrative Permit)
A printed copy of the entire ordinance is available for inspection by any person during
the City Clerk's regular office hours.
Approved for publication by the City Council of the City of Lakeville, Minnesota, this 3rd
day of December, 2012.
ATTEST:
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
Morey, Daryl
Subject: FW: response to the electronic signs
Begin forwarded message:
From: <onlytoonsdj @charter.net>
Date: November 12, 2012, 7:10:51 PM CST
To: <kswecker @lakevillemn.gov>
Subject: response to the electronic signs
Kerrin:
I appreciate the opportunity to sound off about the recent debate ( ?) concerning the electronic signs adoption to the
city ord. I tried to have time at the planning meeting last Tues., but had to go home to watch grandson when meeting
ran past 8 p.m. Being a commercial driver for more than 18 years, plus a driver trainer and a driver lisc. instructor, I
know what distracted driving is 1st hand.
I was appalled at the planning meeting to hear that a party or persons from Holiday Station Stores were part of the
planning of the amendment to add to the city Ord. Quite frankly, MOST Holiday station stores have that annoying blue
LED (3 bulb stacked) on their sign. I know the purpose of the LED blue (to get and retain your attention as long as
possible). Now they want to put a electronic letter board under that?
I am aware that they are not existent in Lakeville (except the one on 160th Street east of Cedar Ave.; I am mid fogged if
that has the boarder or not). Holiday has a electronic board on Normandale & Old Shakopee Road in Bloomington. At
night or early light hours, your eyes get to compete being drawn from the road by the sign switch (I believe it is a 15
second timer), and the annoying "out of focus" blue boarder. The out of focus boarder draws your attention more
(notice that bright border is not on during the daytime. It defeats its purpose.) than the switching board. Your eyes will
continually be drawn back to it, trying to focus the lights (we have all seen this phenomenon with Christmas lights that
seem out of focus, these are LED lights, high intensity ones to be exact).
The main concerns are 3 fold. I can touch on each one, or I can come to a planning meeting and give the best
question /answer session I can.
1. Brightness is a issue that is made to attract your attention, especially in low light situations. Your eyes are
subconsciously drawn to a bright lights when driving. It "gets your attention ". This is the same reason that law
enforcement switched from a dull light bar on the squads, to a brighter LED light bar.
2. Colors are another factor. Red & Blue LED lights take your attention away the longest. Imagine the last time you
drove up on a squad car with its red /blue lights on. Even from a distance, everytime the red or blue light flashed,
you look up at it. Same effect with the colors on a sign. It is made to keep pulling your eyes towards it. The
D.O.T. started using the yellow /blue LED lights on its equipment. The blue & yellow combination have the exact
same effect (pulling your eyes from the road) with each flash. They did this to get people to "see" the plows. It
was not designed to get attention from a distance, as much as closer. Psychologists determined that the best
colors to attract attention are: red, blue, yellow, bright green, bright orange. Look around when you see those
electronic boards, all these colors are present. Funny thing, at day time, they use more clear lights. Because a
flashing or switching clear light in the daytime, attracts attention more that a color light. Remember when
planning: colors of a bright nature work best and travel best in low Tight to dark situations.
3. Rotation times are another common element that attracts attention. The more you change something, the more
peoples curiosity get the better of them. It is a common human nature to look to see what changed, and an
interest in the message or picture posted. I did an experiment with a new driver on 494 north of Valley View
Drive in Eden Prairie once, as Clear Channel has a electronic bill board there. As we drove towards it (60 mph.
speed limit), I watched as the new guy took his eyes off the road, focus, read the sign, and return looking
straight ahead, refocus and he had to reset his speed to the car in front (he did not notice the car had slowed, he
was almost tailgating from a 3 second following distance). It took 3 seconds for this all to complete i.e. remove
eyes from road, and return. Most alarming was we traveled more than 3/4 of a football field in length with
his eyes not on the road, PLUS he was getting too close for safety to the vehicle in front. This is what an
electronic board does. It flips many messages to keep your attention coming back. Electronic signs can have, and
do have the same effect.
Now I know there are people that state that there are "no increases" in accidents in areas where the boards are located,
BUT I can dispute that. I live 'kitty' corner from the arts center. Many a night I have watched people looking at THEIR
switching RED LED letter board, and run the stop sign. Often times not even noticing one is there. There is a natural
curiosity to see what is written, or if a 2 page sign, "hang on to the script until the page flips to get the rest of the
message."
I know of many things that will happen in the future if the electronic boards are approved.
1. Increase in night time "incidents" in the LED sign areas. I did not say "accidents" I said "incidents" i.e. near
missed, pedestrian near misses, light running, etc.
2. Clear Channel will see it as an opening to push city leaders to allow electronic bill boards in the city limits (35W,
etc). Many of these signs flip on 8 -10 second intervals, and hold as many as 14 pre - placed bill boards, plus they
are "bright ".
3. Everyone from Holiday to McDonalds will be having messages for drivers to read. Might be as many as 10 signs
in a 2 mile stretch (in time, not right off the bat). Please do not contend that these signs are "expensive" and
that most businesses cannot afford these. There are many a business out there that "rents" these signs. It is a
new market, and a lucrative one also.
4. Brightness cannot always be controlled, but it is the "color" choice that has more effect than the brightness.
Remember what I said, LED lights create an unfocused view. You will keep looking back, trying to make the
light's focus, and not even realize it.
5. More art work & Flashing signs, fire work explosions, moving pictures, moving scripts, etc. These all take
attention away from the road.
6. 3 line signs take longer to read than 1 line signs. Plus, continued in X second signs (I call them 2 page signs) keep
people looking back for when it switches to get the rest of the message.
For example: the art center sign :
nut cracker musical
tickets on sale
Dec 1 thru 22nd
(board 1, before switching).
$15 and $24
Sunday matinee
1p.m. and 4 p.m.
(sign 2 after switching).
A person will continue to look at the sign to get the completion of the message. This can keep a persons eyes off the
road for what ever time the switch is set for.
2
My recommendations, based on dealing with these "necessary evils" on a daily basis:
A. 60 second switch. Too bad if a business says that's too restrictive. No ones safety is worth trying to cram all the
specials into a minute rotation.
B. B. Limit the number of colors allowed at any given time on a sign. Remember, bright red, yellow & blue are the
ones that pull the eyes the best. Yellow is a color made to get attention fast. Clear is a attention getter in the day
time.
C. limit the brightness of the sign during the night to be no brighter than during the day. Often times, they dim
during the day, and intensify at low light hours.
D. No moving pictures (rockets blasting off, celebration fire works explosions, racing cars, etc)
E. No flashing script.
F. No use of LED lights at night. The lights used on Lakeville North sign are the lower intensity LED. Not like the
brighter Christmas light or High intensity LED's.
G. NO LED boarders on the signs.
H. same message both sides at one time. Making people look to see the "other" special creates incidents also.
I. NO phone number or other number that someone needs to look away to write or text. That just gives a reason
for an unnecessary distraction.
J. J. No more than 2 lines on a sign.
I have bored you enough. But as you can see, it really is a lot more when you spend 50 or more hours on the city streets,
dealing with the public that is "amazed" with the scripts, specials, etc.
I gets worse in snow situations, thunder storms or any other events that make the person concentrate on driving more,
then having flashing this or that to pull their attention away, for even 2 seconds, can result in an accident.
thanks for allowing me to sound off. I hate these signs, but I have to deal with them all day. Even having a newer,
inexperienced driver dealing with them is a little more stress, added to trying to "make up" for others drivers errors
(signals, tail gating, texting, etc.).
If I can do more, please let me know. I know the planning comm. pushed whatever thru, mostly on the recommendation
of the Holiday Station people that helped. I think they were there assisting in a "self serving" purpose. I know they have
a vested interest in getting signage in Lakeville that will work in their advantage. Otherwise, I doubt they would have
invested the time.
thanks
Dave Kempkes
3
Planning Commission Meeting Minutes, November 8, 2012 Page 9
7. City of Lakeville
Chair Lillehei opened the public hearing to consider amendments to Titles 3
(Business and License Regulations), 10 (Subdivision Ordinance), and 11 (Zoning
Ordinance) of the Lakeville City Code. The Recording Secretary attested that the
legal notice had been duly published in accordance with State Statutes and City
Code.
Dan Licht from The Planning Company (TPC) presented the planning report. Mr.
Licht stated that after the City Council approval of the Zoning Ordinance and
Subdivision Ordinance in 2010, City staff has identified . sections of the Zoning
Ordinance that needed to be revised to clarify the intent of the regulations and make
them more user friendly. He indicated that specific topics outlined in tonight's memo
related to the Phase 3 amendments include additional discussion regarding
temporary cul -de -sacs, buffer yard require_ ments, the allowance of electronic signs
within commercial zoning districts, and:`.O -P District uses and exterior building
material requirements. Mr. Licht stated that these proposed amendments were
reviewed by the Planning Commission at work" sessions in September and October
of 2012 and the Economic Development Commission also discussed the proposed
amendments related to electronicsighs, and O -P District uses and exterior building
materials at their meeting in September;- 2012.
Mr. Licht stated that .Planning Department staff and his office recommend approval
of the proposed Pha 3 'amendments: as 'presented. He commented that it has
been a pleasure to Work with the Planning Commission and staff on this project.
Chair Lillehei opened the hearing to the public for comment.
There._ were:- no .comments from the audience.
Motion was made; by Davis seconded by Maguire to close the public hearing
at 8:07 p.m.
Ayes: Grenz, Drotning, Maguire, Lillehei, Davis.
Nays: 0 :?
Chair Lillehei:: asked: for comments from the Planning Commission. Discussion
points were:
• Commissioner Grenz stated that he does not support Sections 13, 14 and 15 of
the draft ordinance regarding proposed changes to the buffer yard screening
requirements.
• Section 3- 21- 7.B.5.a should read 5,000 NITS after sunrise, not 7,000.
• Commissioner Drotning asked if one of the three existing electronic signs were to
be replaced with a new electronic sign, would the new sign have to meet the new
performance standards. Mr. Licht stated that if the existing electronic sign is
Planning Commission Meeting Minutes, November 8, 2012 Page 10
being replaced with a new electronic sign, the new sign would not be
grandfathered and would have to meet the performance standards in place at the
time of the sign replacement.
• The Planning Commission agreed that a lot of thought has gone into the
allowance of electronic signs, which is a reflection of changing sign technology.
The performance standards reflect the character of the City of Lakeville. The
Planning Commission is comfortable with the proposed performance standards,
including the 60 second rate of change. They agreed that the standard for the
display duration should be evaluated to determine . any effects on driver
distraction. The City, based upon future evaluation of the impacts of electronic
signs on traffic safety, may choose to raise the rate of change of the sign display
not lower it.
• With regard to comments made at the October 22, 2012 City Council work
session Lakeville is not co with other cities in t f the rate change
session, �u w n iv is not competing l vvRl1 VU 1 1 VIl1eJ in terms V I the Iale of 1..11Q1 Ige
for electronic signs.
• The Planning Commission feels the licensing component is _ important for
electronic signs.
• Commissioner Davis commented that electronic signs are expensive right now,
but the price of the signs will probably come down and become affordable to
more businesses so the number of electronic signs will likely increase in the
future.
• Chair Lillehei recognized Ron Kveton from Ole Piper Inn and Michael Cronin and
Dave Edquist from Holiday Station Stores for input on the electronic sign
discussion at Planning _ Commission.:` work sessions. He stated that Todd
Bornhauser, Executive Director of the Lakeville Area Chamber of Commerce,
and the Economic Development Commission have also been very helpful.
Motion was made b y Maguire, seconded,by Drotning to recommend to City
Council approval of the, amendments. Titles 3 (Business and License Regulations),
10 (Subdivision Ordinance), and 11 (Zoning Ordinance) of the Lakeville City Code,
as amended.
Prior:to the vote the Planning Commission asked if Sections 13, 14 and 15 should
be voted on separately': due to the concern raised by Commissioner Grenz. City
Attorney;: Poehler stated that it would be sufficient to indicate that Commissioner
Grenz is voting nay only on Sections 13, 14, and 15 and to vote on the motion that is
on the table
Ayes: Drotning, Maguire, Lillehei, Davis.
Nays: Grenz. He supports the proposed amendments except for Sections 13,
14 and 15, which relate to proposed changes to the buffer yard screening
requirements.
Mr. Morey indicated that due to establishment of a fee and an application for the
licensing of the electronic signs, this item would not go to City Council until the
December 3, 2012 meeting.
Planning Commission Meeting Minutes, November 8, 2012 Page 11
Mr. Morey thanked the Planning Commission and Mr. Licht for their hard work on all
three phases of the ordinance amendments.
There being no further business, the meeting was adjourned at 8:24 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary
Brooks Lillehei, Chair
TPC
MEMORANDUM
BACKGROUND
3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPC @PlanningCo.com
TO: Daryl Morey
FROM: Daniel Licht, AICP
DATE: 26 November 2012
RE: Lakeville — Zoning Ordinance; Phase 3
TPC FILE: 135.01 — 11.02
Comprehensive updates of the Zoning Ordinance and Subdivision Ordinance were
adopted by the City Council on 17 May 2010 as required by State Statues to implement
the 2008 Comprehensive Land Use Plan. In the subsequent months, City staff has
identified sections of the Zoning Ordinance that need to be revised to clarify the intent of
the regulations. The City has received input from other stakeholders including
developers, brokers and property owners requesting clarification of specific sections of
the Zoning Ordinance or Subdivision Ordinance. The City also held a Development
Forum, conducted a Development Survey and held meetings with developers and
businesses that garnered additional feedback as to possible modifications of the City's
development regulations to streamline the review process and make these regulations
more user friendly.
The Planning Commission reviewed a list of possible amendments to the Zoning
Ordinance and Subdivision Ordinance at their 17 November 2011 work session.
Amendments to the Zoning and Subdivision ordinances were approved by the City
Council on 3 January and 21 February 2012. The Planning Commission most recently
held a work session on 19 April 2012 to consider information on Part 3 of the proposed
modifications of the Zoning Ordinance and Subdivision Ordinance, which address
primarily policy issues related to development standards the City requires of various
subdivisions and land use types. Following this work session, the City Council
approved amendments to the exterior material requirements for detached and attached
townhouse uses in the RST -2, RM -1 and RM -2 Zoning Districts on 4 June 2012.
This memorandum outlines proposed amendments related to the balance of the Phase
3 updates as discussed at the 19 April 2012 work session. Specific topics outlined
herein include additional discussion regarding temporary cul -de -sacs, a review of past
and existing buffer yard requirements and a comparison with buffer yard requirements
of other cities, allowance of electronic signs within commercial zoning districts, and OP
District uses and exterior building material requirements. These proposed
amendments were reviewed by the Planning Commission at work sessions on 6
September 2012 and 4 October 2012.
The Economic Development Commission also discussed the proposed amendments
related to electronic signs, O -P District uses and O -P District exterior building materials
at their meeting on 25 September 2012 and their input is reflected herein.
Exhibits:
A. Draft Zoning Ordinance amendment
ANALYSIS
• Outlot Definition. City staff identified that the definition of an outlot included in
the Subdivision Ordinance and the Zoning Ordinance includes descriptions not
applicable to parcels platted as outlots. City staff recommends that the existing
definition be amended to be consistent with the basic definition of an outlot as
established by Minnesota Statutes 505.01.
• Temporary Cul - De - Sacs. Section 10- 4 -3D.2 of the Subdivision Ordinance
requires that temporary cul -de -sacs at the end of streets to be extended with the
future development of adjacent property be constructed within an outlot or the
adjacent undeveloped parcel. The ability to construct temporary cul -de -sacs
within the yards of lots in the subdivision was allowed by the Subdivision
Ordinance in the 1980s and 1990s. The developer of the subdivision would be
responsible for the dedication of temporary easements, construction of the
temporary cul -de -sac and escrowing monies for future removal of the temporary
cul -de -sac and site restoration.
The Planning Commission reviewed graphic illustrations of the temporary cul -de-
sac options. The information provided by the City Engineer illustrated a
temporary cul -de -sac with a 45 foot radius centered within the 60 foot right -of-
way of the local street that would be extended in the future. The surface of the
temporary cul -de -sac would extend 15 feet beyond the permanent right -of -way
(29 feet beyond the back of curb of the street) half way into the required front
yard setback of 30 feet on each side of the street.
After considering the recommendations of City staff and the graphic examples of
temporary cul -de -sacs, the Planning Commission recommends modifying this
provision to allow the temporary cul -de -sacs to be constructed within temporary
easements on lots within the subdivision to allow the project to be built out similar
to what was previously allowed by the Subdivision Ordinance.
2
• MPCA Noise Standards. Section 11 -16 -25 of the Zoning Ordinance requires
all uses comply with Minnesota Pollution Control Agency rules regarding noise
generation. The provision includes reference to a specific MPCA standard that is
out of date. Rather than cite a specific standard, City staff recommends adoption
of MPCA requirements by reference.
• Unsewered Commercial /Industrial Lots. Recent discussions related to a
proposed industrial development identified an issue with Section 11 -17 -19 of the
Zoning Ordinance, which establishes a minimum lot requirement of ten acres for
unsewered lots. The provisions are intended to apply to properties outside of the
MUSA or within the MUSA to which sanitary sewer service is not available.
Section 11- 17 -19.0 of the Zoning Ordinance makes allowance for development
of commercial and industrial uses on unsewered lots at least 10 acres in area as
a conditional use. This provision was included in the 2000 Zoning Ordinance
update to comply with the statutory requirement that the Zoning Map must be
consistent with the Land Use Plan map, which results in properties outside of the
MUSA being zoned for commercial and industrial uses or within the MUSA
without immediate access to sanitary sewer service.
The allowance of commercial or industrial development on these parcels is an
interim measure until such time as utilities are available to the property. City
staff is recommending that Section 11- 17 -19.0 of the Zoning Ordinance be
amended to make the allowance of commercial and industrial development on
unsewered lots applicable only to parcels located outside of the current MUSA or
within the current MUSA if sanitary sewer service is not available and then as an
interim use only until such time as sanitary sewer becomes available to the
property. When utilities are extended to provide service to an unsewered lot
with a commercial or industrial interim use, connection to sanitary sewer and
water services would be required.
• Fence Setbacks. As part of a previous amendment to simplify the regulations
for residential fences, a provision was inadvertently deleted that exempted lots of
record or preliminary platted lots existing prior to 1 January 1994 from the 10 foot
setback required from public rights -of -way of major collector or arterial streets.
These lots were established prior to when the requirements for buffer yards were
adopted and fences were allowed to be constructed at the property line for
screening. So as not to create non - conforming additions and allow these lots
the opportunity to provide screening along major roadways, City staff
recommends adding the previous language to Section 11- 21 -5.F.4 of the Zoning
Ordinance. City staff is also recommending that the requirement for chain link
fences to be setback 10 feet from property lines abutting the public right -of -way
for corner lots or double frontage lots be eliminated as was allowed by the Zoning
Ordinance prior to 2008. This requirement is a frequent source of complaints
from single family property owners. In that the fence is required to be visually
open, there is no effect on traffic visibility if the setback is removed to allow
residents greater use of their yards if fenced in.
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■ Buffer Yard Requirements. The City received comments as part of the
Development Forum to consider modifications of the buffer yard requirements
established in Section 11- 21 -9.E of the Zoning Ordinance. The intent of the
buffer yard requirements is to mitigate the impacts to adjacent residential uses of
traffic on arterial and major collector streets designated by the Comprehensive
Plan through physical separation and landscaping as a natural barrier. This
approach was also viewed by the Planning Commission and City Council as
providing a better aesthetic buffer for the residential uses along the City's major
roadway corridors than inconsistent combinations of individual fences and
landscaping. The buffer yard requirements were established with a major Zoning
Ordinance amendment in 1994 and modified with the 2000 Zoning Ordinance
update and an amendment to the Zoning Ordinance in 2006 to address
comments regarding their practicality and feasibility. A brief synopsis of the
buffer yard requirements is as follows:
o Implemented 1 January 1994 to require additional lot width and depth for
single family and two family lots abutting major collector and arterial
streets intended to provide an area for berming and landscaping.
o An amendment was approved on 16 February 1999 establishing side and
rear setback requirements that would encompass the buffer yard and
prevent encroachment on the area intended for a combination of berms
and landscaping.
o An amendment was approved on 17 January 2006 that established more
specific design standards for the buffer yard in response to what was seen
as ineffective implementation of the then existing standards. The updated
provisions included minimum heights for a required berm together with
minimum heights for the berm and plantings of 10 feet along major
collector streets and 12 feet along arterial streets. To provide the
necessary area for the required berm and minimum screening height,
minimum lot widths in all Districts, minimum lot depths in the RS -3, RS -4,
RST -1 and RST -2 Districts and side and rear setbacks for all Districts
were increased. Provisions were also added to allow installation of fences
within the buffer yard as an additional screening tool.
City staff hosted a focus group with developers and engineers on 10 April 2012
to discuss their comments specific to the buffer yard requirements. The Planning
Commission had reviewed this information at their work session on 19 April 2012
and directed City staff to prepare amendments to provide greater flexibility in the
design of the buffer yards to allow homeowners greater ability to maximize
usable area within their property. City staff was also directed to research other
Twin Cities Metropolitan Area communities as to their requirements along major
roadways:
o Blaine. The City of Blaine requires an increased setback for Tots abutting
major collector and arterial streets but provides the ability to reduce those
4
setbacks by installation of plantings according to a schedule. The Zoning
Ordinance also outlines specific noise abatement construction standards
for any housing constructed within 500 feet of a minor or principal arterial
roadway.
o Maple Grove. The Maple Grove Zoning Ordinance does not include
buffer yard requirements for residential subdivisions other than increasing
the side yard setback of a corner lot abutting a major street by 10 feet.
o Plymouth. The Plymouth Zoning Ordinance requires an increased
setback of 25 feet only for yards abutting an arterial street but there is no
landscape screening requirement.
o Woodbury. Woodbury requires an increased setback of 30 feet for side
yards abutting major roadways and 25 feet for rear yards abutting major
roadways. There are no specific landscaping requirements for these
areas included as part of the Zoning Ordinance.
In response to the issues raised by the Planning Commission and by developers,
City staff is proposing the following modifications to the buffer yard requirements:
o Reduce the minimum screening height along arterial streets from 12 feet
to 10 feet assuming that the plantings will ultimately grow to provide the
desired buffer.
o Eliminate the requirement that a berm of minimum height be provided as
part of all buffer yards. By eliminating this requirement, developers will be
given greater flexibility to meet the minimum screening height requirement
with a combination of plantings, berms and /or fencing.
o By eliminating the minimum berm height, the lot standards adopted on 17
January 2006 can be reversed in that they were specifically established to
allow sufficient area for the horizontal width of the required berm having a
maximum slope of 3:1. Developers that choose to incorporate berms as
part of meeting the required buffer yard screening will need to adjust their
lot designs accordingly and City staff will need to review these plans as
part of the plat review process. The buffer yard area (including any berm)
will still be required to be included within a drainage and utility easement
to prevent encroachments.
• Painted Signs. The Sign Ordinance allows wall signs to be painted on the
exterior wall of a building instead of limiting signs to manufactured lettering or a
cabinet/panel type sign. City staff recommends consideration of a provision
limiting painted wall signs only to the C -CBD District where this type of signage
would be traditional with the historic character of Downtown Lakeville. The
Planning Commission asked City staff to define within the proposed regulation
how it would be applied versus signs affixed to the exterior wall.
5
• Electronic Commercial Signs. The City has received requests from local
businesses to consider allowing electronic changeable copy or electronic graphic
display signs for commercial uses. The Zoning Ordinance currently prohibits use
of any electronic message displays except for uses within the P -OS District
based on extensive policy discussions in 2007 and 2009. In consideration of the
most recent request to allow commercial uses to display electronic changeable
copy or electronic graphic display, the Planning Commission revisited the issue
and directed that performance standards be drafted for further review.
The Planning Commission's intent is that potential allowance of commercial
electronic signage be limited to the City's most intensive commercial nodes in the
C -2 and C -3 Districts and that performance standards be put in place to regulate
their operations. The proposed language outlined in the draft Zoning Ordinance
amendment is based upon the previous allowance of electronic signs for P -OS
District uses, the amendment for use of electronic signs in the P -OS District
approved by the City Council on 6 August 2012 and the specific sign allowances
established for motor fuel and convenience food uses that were developed to
minimize driver distraction and promote attractive commercial areas:
o The signs are limited to electronic changeable copy and electronic graphic
display signs as defined by the Zoning Ordinance.
o The operation of an electronic sign would require issuance of a license by
the City to ensure compliance with the performance standards as they
may be adopted and to provide an enforcement mechanism if the
standards are not followed in operating the sign.
o The sign must be located in a yard abutting a non - residential street and
setback a minimum of 50 feet from any residentially zoned property.
o The proposed standards include design requirements mandating that the
electronic sign be integral with a freestanding monument sign similar to
that which the City currently allows for motor fuel and convenience food
uses. The intent of these provisions is to ensure that the electronic
display is low to the ground and close to the street so as to be most visible
to traffic directly adjacent to the site and at the same time not distract
drivers at a greater distance trying to read the sign.
o The Planning Commission recommended a minimum of one minute rate of
change of the electronic copy or display at their 4 October 2012 work
session. This recommendation is based upon input received from three
local businesses, the Economic Development Commission (EDC), and the
Lakeville Area Chamber of Commerce. The rate of change approved by
the City Council on 6 August 2012, as recommended by the Planning
Commission, for the Crystal Lake Education Center Zoning Ordinance
amendment application was 15 minutes. The EDC and Chamber of
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Commerce recommended a 30 second rate of change. The businesses
that provided input at the 6 September 2012 and 4 October 2012 Planning
Commission work sessions indicated a one minute rate of change was
acceptable. In recommending the one minute minimum rate of change,
the Planning Commission did also agree with the recommendation of the
EDC that the standard for the display duration be evaluated in the future to
determine any effects on driver distraction, traffic safety or community
aesthetics. Based on that future evaluation, the display duration standard
could be lowered to less than one minute, raised to more than one minute,
or kept at one minute.
o LED lighting technology is being expanded into use for illumination of
freestanding business signs. The current Zoning Ordinance regulations
do not adequately address this type of lighting. As evidenced by at least
one business sign application, the intensity of the LED lighting can be a
concern for driver distraction and aesthetic compatibility. As such, City
staff recommends brightness standards be adopted and be applicable to
all signs within the City. The Planning Commission agreed on the need to
establish these requirements during work session discussions on Part 3 of
the proposed modifications to the Zoning and Subdivision ordinances.
o City staff is also recommending that the standards adopted on 6 August
2012 allowing electronic signs within the P -OS District be amended to be
consistent with the operational standards and license requirements
proposed for commercial uses.
• Residential Subdivision Signs. City staff is recommending an additional
provision be added to Section 11 -23- 15.X.1 regulating subdivision identification
signs to allow only external light sources for such signs within residential districts.
City staff receives inquiries from time -to -time about use of internally lit signs for
residential subdivisions but suggests that exterior illumination cast upon the sign
is more consistent with the character of residential uses.
■ Model Homes. Section 11 -27 -3 of the Zoning Ordinance limits the number of
building permits issued for model homes upon final plat approval to one until all
infrastructure has been installed. The provision further states that a certificate of
occupancy will not be issued until all infrastructure improvements, including the
first lift of asphalt, are complete. The City has been requested to consider
increasing the number of model homes that may be started while infrastructure is
also being constructed in order to avoid limiting potential sales activity if there is
more than one builder in a subdivision. In that no certificate of occupancy will be
issued until the infrastructure is complete, City staff supports increasing the
number of model home construction starts to allow two model home building
permits or 10% of the total lots being final platted, whichever is greater, following
final plat approval and prior to completion of the infrastructure improvements.
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• Daycare Signs. City staff is recommending a clarification to Section 11- 31 -5.F
of the Zoning Ordinance. This provision references the requirements of Section
23 regulating signs as applicable to daycare uses. City staff is recommending
that this provision be restated to emphasize the requirements of the specific
zoning district in which the use is located apply.
• Feedlots. There is a conflict in the Zoning Ordinance between the prohibition of
animal feedlots and the ability to keep horses within the City based on the
definition of feedlots by the Minnesota Pollution Control Agency. The intent of
the Zoning Ordinance is to prohibit new, large scale agri- business operations
from locating in the City due to conflicts with planned urban expansion and land
uses adopted as part of the Comprehensive Land Use Plan. However, keeping
of horses on a limited basis within Permanent Rural or Urban Service Expansion
Areas is considered to be appropriate. As such, City staff proposes modifying
the Zoning Ordinance to exempt keeping of horses as allowed by Section 11-35 -
3.B from the feedlot prohibition. We further recommend that the limits on the
number of horses allowed in Section 11- 35 -3.B.2 be revised to establish a
maximum number of horses at 10 animal units. The existing exception to the
limit on the number of horses by conditional use permit would also apply to the
animal unit limit, but we are recommending this exception be made an interim
use.
• Accessory Daycare. Daycare uses accessory to an office use within a
commercial or industrial zoning district currently require a conditional use permit.
In conjunction with the ImageTrend daycare conditional use permit, the Planning
Commission directed staff to amend the Zoning Ordinance to allow accessory
daycare for office uses by administrative permit to expedite their review. City
staff concurs with the Planning Commission as to this proposed amendment in
that the activity and traffic generated by the accessory daycare use would be
based on that of the principal office use and not create potential compatibility
issues with surrounding properties.
• C -2, C -3, C -CBD Districts Outdoor Storage. City staff is requesting the current
allowance of outdoor storage as a principal use by interim use permit in the C -2
C -3 and C -CBD districts be amended to allow outdoor storage only as a directly
related accessory use. Limiting outdoor storage to accessory uses is consistent
with the City's economic development goals for its commercial business areas as
outlined by the Comprehensive Land Use Plan.
• C -CBD Setbacks. An issue was identified as part of the Holt Avenue off -site
parking lot conditional use permit application whereby the zero setback to the
front line within the C -CBD District would allow for a commercial building to be
built 30 feet closer to the street than an existing single family home on the
adjacent residentially zoned lot. This issue occurs only on Howland Avenue,
Holyoke Avenue and Holt Avenue between Upper 206 Street and 207 Street
based on the 2008 Comprehensive Land Use Plan. Along Holyoke Avenue, the
building forward streetscape is appropriate given the character of the existing
8
central business district core. On Howland Avenue and Holt Avenue between
Upper 206 Street and 207 Street there is transition to a residential
neighborhood and there are two Tots where the issue of a commercial lot abutting
a residentially zoned lot occurs. As such, City staff recommends modifying the
setback requirements of the C -CBD District to require a 20 foot front yard
setback where a lot abuts another lot within a residential district along the side lot
line, except on Holyoke Avenue.
• OP District Uses. Following adoption of the 2008 Comprehensive Land Use
Plan, the Zoning Ordinance was amended to establish the OP, Office Park
District. This District, essentially a combination of the previous CC, Corporate
Campus District and C -W, Commercial Warehouse District is intended "to
provide for the establishment of business offices, wholesale showrooms, and
related uses in an environment which provides a high level of amenities,
including landscaping, preservation of natural features, architectural controls,
pedestrian trails, and other features" as stated in Section 11 -75 -1.
The Economic Development Commission (EDC) at their meeting on 25
September 2012 recommended that certain assembly and light manufacturing
uses be allowed in the OP District. Manufacturing uses were allowed in the CC
District by conditional use permit prior to the 2010 Zoning Ordinance update.
City staff presented options for the EDC to consider light manufacturing that does
not generate smoke, dust, odor, fumes or noise emissions to be allowed as a
permitted use if less than 50% of the principal building floor area, or as a
conditional use if greater than 50% of the principal building floor area subject to
the following performance standards:
o Compliance with the exterior building materials and landscaping required
in the O -P District, which are more similar to that required of retail, office
or service commercial uses than industrial uses as the O -P District is
established as a "commercial" district.
o Prohibition of outdoor storage.
o The proposed use is not a waste facility.
• OP District Exterior Materials. The EDC has also recommended the exterior
building material requirements applicable to the OP District, which are set forth in
Section 11- 17 -9.B and D of the Zoning Ordinance, be reviewed. They were
concerned about impacts to the OP District as a result of the exterior building
material requirement modifications included in the 2010 Zoning Ordinance
amendment.
The character of development within the OP District should be consistent with
that of the Fairfield Business Campus. City staff reviewed the exterior materials
of the existing buildings within Fairfield Business Campus relative to the building
material requirements in the OP District and presented that information for
9
discussion at the 25 September 2012 EDC meeting. The EDC recommended
modifying the exterior building material requirements of the OP District to require
65 percent Grade A materials together with precast architectural concrete panels
recognizing the aesthetic quality and durability of new concrete panel technology.
The Planning Commission considered these recommendations at their work
session on 4 October 2012 and concurred with the EDC language. The draft
Ordinance amendment reflects these proposed modifications.
CONCLUSION
The Planning Commission considered the proposed Zoning Ordinance amendments at
a public hearing be held on 8 November 2012 and voted to recommend approval. City
staff and our office recommend approval of the proposed Zoning Ordinance
amendments as presented herein.
10
AN ORDINANCE AMENDING TITLE 3 (BUSINESS LICENSING), TITLE 10
(SUBDIVISION ORDINANCE) AND TITLE 11 (ZONING ORDINANCE) OF THE
LAKEVILLE CITY CODE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Title 3 of the City Code is hereby amended to include the following
provisions:
3 -21 -1: Purpose and Intent
3 -21 -2: Definitions
3 -21 -3: License Required
3 -21 -4: Issuance of License
3 -21 -5: Expiration and Renewal of License
3 -21 -6: Administration and Enforcement
3 -21 -7: Performance Standards
3 -21 -8: Severability
3 -21 -1: PURPOSE AND INTENT:
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
CHAPTER 21
DYNAMIC DISPLAY SIGNS
A. The Cit has established the fundamental basis for the re • ulation of si • ns
generally in Section 11 -23 -1 of the City Code.
B. The City finds that dynamic display signs are highly visible from long distances
and at very wide viewing angles both day and night and are designed to attract
the attention of persons in their vicinity and hold it for extended periods of time
and that if the operation of such signs is not regulated. there is potential for
significant harm to public health. safety and welfare.
C. It is not the purpose or intent of this Chapter to regulate the message displayed
on any dynamic sign but to:
1. Allow for operation of dynamic signs in compliance with the standards set
forth in this Chapter to lessen the impact of such signs on the environment
and the public health. safety and welfare.
2. Provide for the administration and enforcement of provisions regulating
the operation of dynamic display signs as set forth in this Chapter.
3 -21 -2: DEFINITIONS: The following words and terms. wherever they occur in
this Chapter. shall be interpreted as herein defined:
APPLICANT: The owner, their agent or person having legal control. ownership and /or
interest in land for which the provisions of this Chapter are being considered or
reviewed.
CHANGEABLE COPY SIGN. ELECTRONIC: A sign or portion thereof that displays
electronic. nonpictorial text information in which each alphanumeric character. graphic.
or symbol is defined by a small number of matrix elements using different combinations
of light emitting diodes (LEDs). fiber optics. light bulbs or other illumination devices
within the display area. Electronic changeable co. si.ns include computer
programmable, microprocessor controlled electronic displays. Electronic changeable
copy signs include projected images or messages with these characteristics onto
buildings or objects. Electronic changeable copy signs do not include official signs.
DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or
that appear to change. caused by any method other than physically removing and
replacing the sign or its components. whether the apparent movement or change is in
the display. the sign structure or any other component of the sign. This includes
displays that incorporate technology or methods allowing the sign face to change the
image without having to physically or mechanically replace the sign face or its
components as well as an rotatin• revolvin• movin• flashin• blinkin• or animated
display and any display that incorporates rotating panels. LED lights manipulated
through digital input. digital ink or any other method or technology that allows the sign
face to present a series of images or displays.
ELECTRONIC GRAPHIC DISPLAY SIGN: A sign or portion thereof that displays
electronic, static images. static graphics or static pictures. with or without text
information, defined by a small number of matrix elements using different combinations
of light emitting diodes (LEDs). fiber optics, light bulbs or other illumination devices
within the display area where the message change sequence is accomplished
immediately or by means of fade, repixalization or dissolve modes. Electronic graphic
display signs include computer programmable. microprocessor controlled electronic or
digital displays. Electronic graphic display signs include projected images or messages
with these characteristics onto buildings or other objects.
ILLUMINATED SIGN: Any sign which contains an element designed to emanate
artificial light internally or externally.
2
MULTIVISION SIGN: Any sign composed in whole or part of a series of vertical or
horizontal slats or c linders that are capable of being rotated at intervals so that partial
rotation of the • rou • of slats or cylinders produces a different image and when armed
functionin • allows on a sin • le si.n structure the display at any aiven time one of two (2
or more images.
OFFICIAL SIGN: Signs of a public noncommercial nature including public notification
si • ns safet si. ns traffic si ns direction to • ublic facilities when erected b or on
behalf of a •ublic official or em lo ee in the •erformance of official dut
SIGN: An letter. word or symbol. poster. picture. statuary. readin. matter or
representation in the nature of advertisement, announcement, message or visual
communication whether sainted •osted •rinted affixed or constructed includin• all
associated brackets, braces. supports, wires and structures. which is displa ed for
informational or communicative purposes.
VIDEO DISPLAY SIGN: A sign that changes its message or background in a manner or
method of dis•la characterized b motion or •ictorial ima•er which ma or ma not
include text and depicts action or a special effect to imitate movement. the presentation
of pictorials or graphics displayed in a progression of frames that •ives the illusion of
motion. includin•, but not limited to. the illusion of moving objects. movina •atterns or
bands of li•ht or ex•andin• or contractin• sha•es not includin• electronic chan•eable
cop si • ns. Video display signs include projected images or messa • es with these
characteristics onto buildings or other objects.
ZONING ADMINISTRATOR: The person designated by the City Administrator to be the
Zoning Administrator for the City of Lakeville.
3 -21 -3: LICENSE REQUIRED: Display or operation of a dynamic display sign
within the Cit of Lakeville shall re uire a • • royal of a valid license issued b the Cit
pursuant to this Chapter.
3 -21 -4: ISSUANCE OF LICENSE:
A. Application Form: An application for a license must be submitted by the
property owner or their authorized agent on a form provided by the Zoning
Administrator.
Fees. The a icant shall •a the license fee as ado•ted b the Cit Council b
Ordinance for the application to be accepted.
C. Required Information:
3
1. An application shall be considered complete if it includes the information
required in this section.
2. The application shall include the following information:
a. Names and addresses of the sign contractor and owners of the sign
and lot.
b. Written consent of the owner or lessee of any site on which the sign
is to be erected.
c. The address at which any signs are to be erected.
d. The lot, block and addition at which the signs are to be erected and
the street on which they are to front.
e. Type and size of sign and type of dynamic display.
f. The specifications of the signs related to illumination and
brightness.
g. Specifications for controls needed to regulate the display both for
normal operation and in the event of a malfunction.
h. Any electrical permit required and issued for the sign.
3. The applicant shall provide any and all other information as may be
requested by the Zoning Administrator to determine compliance with this
Chapter.
D. Zoning Administrator Review:
1. The Zoning Administrator shall approve or deny an application for a
license within (60) days of a complete application being submitted with
written notice to be provided to the applicant.
2. Applications found to be in compliance with the requirements of this
Chapter shall be issued a license that shall expire on December 31 of the
same year.
3. The Zoning Administrator shall state in writing the reasons for an
application for a license having been denied. The applicant may resubmit
an application for a license in accordance with the procedures in this
Section or, within ten (10) days of the Zoning Administrator's decision,
submit an appeal in accordance with Section 3- 21 -6.E.3 of this Chapter.
4
E. Transferability: Licenses are issued to the applicant only and for one location,
and such licenses are nontransferable between property owners. tenants or
locations.
3 -21 -5: EXPIRATION AND RENEWAL OF LICENSE:
A. All licenses expire on December 31 of each year.
B. Each license may be renewed only by making application as provided in Section
3 -21 -4 of this Title.
C. Application for renewal shall be made at least sixty (60) days before the
expiration date.
D. Each renewal license shall be issued for a maximum period of one (1) year.
3 -21 -6: ADMINISTRATION AND ENFORCEMENT:
A. This Chapter shall be administered by the Zoning Administrator.
B. Inspections.
1. Any licensee shall. at all times during the term of the license. allow the
Zoning Administrator to enter the premises for the purpose of verifying
compliance with the requirements of this Chapter.
2. The licensee shall provide certification as to compliance with Section 3 -31-
7.B.5 of this Chapter to the City upon request by the Zoning Administrator.
C. Suspension. The Zoning Administrator may suspend a license for a period not to
exceed thirty (30) days following written notice and an opportunity to be heard if
the Zoning Administrator determines that a licensee has violated or is not in
compliance with this Chapter.
D. Revocation:
1. Notice: The Zoning Administrator shall issue a written statement of intent
to revoke a license if a cause of suspension in Section 3- 21 -6.D.2 of this
Chapter occurs.
2. Basis For Revocation: The Zoning Administrator may initiate action to
revoke a license if the Zoning Administrator determines that:
a. The license has been suspended two (2) times within the preceding
twelve (12) months.
5
b. A licensee has knowingly operated an electronic sign during a
period of time when the licensee's license was suspended.
c. A licensee is delinquent in payment to the City for ad valorem taxes
or other taxes or fees related to business.
3. Process:
a. Within ten 10 da s of recei•t of such notice of suspension or
intent to revoke. the licensee may provide to the Zoning
Administrator. in writing. a response that shall include a statement
of reasons why the license should not be suspended or revoked.
b. Within three 3 da s of the recei•t of licensee's written response
the Zoning Administrator shall notify respondent in writing of the
hearin date on licensee's suspension or revocation .roceedin..
c. Appeal and Hearing:
1 Within thirt 30 workin. da s of the recei.t of licensee's
written response. the City Council shall conduct a hearing on
licensee's appeal of the Zoning Administrator's decision.
(2) Hearings on the appeal shall be open to the public and the
licensee or applicant shall have the right to appear and be
represented by legal counsel and to offer evidence in its
behalf.
3 At the conclusion of the hearin. the Cit Council shall make
a final decision.
(a) If a response is not received by the City in the time
stated or. if after the hearing. the City Council finds
that grounds as specified in this Chapter exist for
suspension or revocation. then such suspension or
revocation shall become final three (3) days after the
City sends written notice that the license has been
suspended. or revoked. Such notice shall include a
statement advising the applicant or licensee of the
right to a• •eal such decision to a court of com•etent
jurisdiction.
b If the Cit Council finds that no .rounds exist for
denial. suspension. or revocation of a license. then
within three 3 da s after the hearing. the Zoning
Administrator shall withdraw the intent to suspend or
6
3 -21 -7: PERFORMANCE STANDARDS:
A. Allowed Signs: Only those dynamic display signs defined and identified herein
shall be allowed to be operated within the City in accordance with this Chapter
and the Zoning Ordinance:
1. Electronic changeable copy signs.
2. Electronic graphic display signs.
revoke the license. and shall so notify the licensee in
writing of such action.
B. The operation of a dynamic display sign allowed by this Chapter shall conform to
the following requirements:
1. The display shall change display not more often than once every one 1
minute.
2. The display sign shall not include scrolling, flashing. animation. or other
effects that create a traffic hazard.
3. The display must be static and the transition from one static display to
another must be instantaneous without any special effects.
4 The display must be complete in themselves. without continuation in
content to the next image or message.
5. Brightness:
a. The brightness of the sign shall not exceed 5.000 NITS after
sunrise and before sunset or 500 NITS after sunset and before
sunrise each day.
b. The sign shall be equipped with an automatic dimmer control or
other mechanism that automatically controls the sign's brightness
to comply with this condition.
6. Malfunctions:
1. The display must be designed and equipped to freeze the device in
one position if a malfunction of the electronic display occurs.
2. The display must also be equipped with a means to immediately
discontinue the display if it malfunctions, and the sign owner must
7
immediately stop the electronic display when notified by the City
that it is not complying with the stipulations of this section.
7. The sign shall comply with Chapter 23 of the Zoning Ordinance.
3 -21 -8: SEVERABILITY: If any section. sentence. clause or phrase of this
chapter is for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this chapter. The city council hereby declares that it would
have adopted the Chapter and each subsection, sentence. clause. or phrase thereof.
irrespective of the fact that any one or more sections. subsections. sentences. clauses
or phrases be declared invalid.
Section 2. Section 10 -1 -6 of the City Code is hereby amended to revise the
following definition:
OUTLOT: A parcel of land included in a plat, which is smaller than the minimum size
at Imct double the minimum size and which is thcrcby subject to futurc platting prior to
tc opcn space, right of way, utilities or other similar purpoccs. "Outlot"
m e a ns a tract o f land identified by a capital letter and is land that is not part of a block.
Section 3. Section 10- 4 -3.D.2 of the City Code is hereby amended to read as
follows:
2. ThisThe temporary cul -de -sac must be placed inside a temporary roadway
easement if it is located outside street right of way. The temporary
Section 4. Section 10- 4 -3.D.4 of the City Code is hereby amended to read as
follows:
4. - -- - - - - - - -- - - - - - - - - - The
developer shall submit a cash escrow in an amount as determined by the
City Engineer for removal of the temporary cul -de -sac and restoration of
the area limited to placement of sod and asphalt driveway within the
temporary roadway easement.
Section 5. Section 11 -2 -3 of the City Code is hereby amended to revise the
following definition:
8
OUTLOT: A parcel of land included in a plat, which is smaller than the minimum size
development; or, a parcel of land which is included in a plat and which is designated for
tc opcn spacc, right of way, utilities or othcr similar purpoccs. "Outlot"
m ans a trace identified by a capital letter and is land that is not part of a block.
Section 6. Section 11 -16 -25 of the City Code is hereby amended to read as
follows:
11- 16 -25: NOISE: Noises emanating from any use shall be in compliance with and
regulated by
NCP 7010.the Minnesota Pollution Control Agency in accordance with Minnesota
Statutes and Rules. but in no case shall noise emanations constitute a nuisance as
defined and regulated by teethe City Code.
Section 7. Section 11- 17- 9.B.1.a of the City Code is hereby amended to read
as follows:
a. Brick or custom masonry units (CMU) having a brick -like
appearance.
Section 8. Section 11- 17 -9.D of the City Code is hereby amended to read as
follows:
D. Commercial, Office And Institutional Uses: The exterior of commercial, office
and institutional buildings shall include a variation in building materials and forms
to be distributed throughout the facade and coordinated into the design of the
structure to create an architecturally balanced appearance and shall comply with
the following requirements:
1. Commercial Districts (except O -P District):
4-a. The exterior building finish shall use at least three (3) grade A
materials.
2b. The exterior building finish shall be composed of at least sixty five
percent (65 %) grade A materials; not more than thirty five percent
(35 %) grade B or grade C material and not more than ten percent
(10 %) grade D materials.
2. O -P District Uses And All Institutional Uses Regardless of Zoning District:
9
a. The exterior building finish shall be composed of at least sixty -five
percent (65 %) grade A materials and /or integral color architecturally
precast concrete panels with a form liner. tooled. natural stone
veneer. brick face and /or cast stone type finish. not more than
thirty -five percent (35 %) other grade B and grade C materials and
not more than ten percent (10 %) grade D materials.
3. All sides of the principal and accessory structures are to have essentially
the same or coordinated harmonious exterior finish treatment.
Section 9. Section 11- 17 -19.0 of the City Code is hereby amended to read as
follows:
C. Commercial And Industrial Buildings And Uses: Subject to the other provisions
of this Title, commercial and industrial uses, as allowed within the respective
zoning districts, may be allowed on unsewered lots that are not within the current
Municipal Urban Service Area MUSA defined b the Com•rehensive Plan or on
unsewered lots within the current MUSA where public sanitary sewer is not
available to the property to allow connection as determined by the City Engineer
by conditional interim use permit, provided that:
1. Except as herein provided, the minimum lot size for each principal use is
ten (10) acres. The minimum lot size shall not apply to smaller separate
parcels of record in separate ownership lawfully existing prior to
November 7, 1977, provided the conditions of the conditional use permit
are met.
2. An conditionalinterim use permit shall not be granted unless it can be
demonstrated by means satisfactory to the city that the use:
a. Will not result in groundwater, soil or other contamination which
may endanger the public health.
b. Will not increase future city utility service demands and expense.
c. Will not jeopardize public safety and general welfare.
3. The interim use permit shall terminate upon the property being included in
the MUSA and where public sanitary sewer is available to the property to
allow connection as determined by the City Engineer in addition to the
provisions of Section 11 -5 -7 of this Title.
Section 10. Section 11- 21- 5.F.4.a of the City Code is hereby amended to read
as follows:
10
a. Within front yards, side yards of a corner lot or rear yards of a double
frontage lot abutting a public right of way:
(1) T the fence shall not exceed forty eight inches (48 ") in height and
shall be at least seventy five percent (75 %) open space for the
passage of air and light, except as allowed by subsection F4b of
this section.
(2) The fence shall be set back a minimum of ten feet (10') from any lot
line abutting a public right of way, except whcrc additional setback
is required by Section 11 21 5.E of this Scction.
Section 11. Section 11- 21- 5.F.4.b(1) of the City Code is hereby amended to
read as follows:
(1) The fence shall be set back ten feet (10')
from the property line abutting a public
right -of -way on lots of record and
preliminary platted lots having legal
standing established after January 1, 1994,
except where additional setback is required
by section 11- 21 -5.E of this section.
Section 12. Section 11- 21 -9.C.1 of the City Code is hereby amended to read as
follows:
1. Minimum Size: All plants must at least equal the following minimum size in
conformance with American Nursery Association standards measured from the
top of the ball or container to the top of the tree /shrub or bottom of the evergreen
leader as shown below:
Balled And
Burlapped /Container
Ornam ental trees (flowering crabs, hawthorn serviceberry, etc.) . 2 inch diameter
6 - 7 foot, clump form
Shade trees
Coniferous evergreen trees 8 feet
Tall shrubs and hedge material (evergreen or deciduous)
Low shrubs:
11
f
2 inch diameter
3 - 4 feet
Deciduous
Coniferous evergreen
Spreading coniferous evergreen
Caliper Mear Aped
6* above Orotund
'14sairle and
Ornamental Ttees.
Chump &an
Osnamentif Tice
Section 13. Section 11-21-9.E.1 of the City Code is hereby amended to read as
follows:
1. Lot And Setback Requirements:
Eveigreen'T
18 - 24 inch
18 - 24 inch
18 - 24 inch spread
T and :Shrub
Measurement
a. Lots of record and preliminary plat or concept plan lots approved by
thc city council prior to January 17, 2006:
a. For double frontage lots, the following standards shall apply:
RS-1 RS-2 RS-3 RS-4 RST-1 RST-2
Lot depth 220L170' 170' 1 150' 145'150' 150' 150'
b. For corner lots where the side yard abuts the major collector or
arterial street, the following standards shall apply:
12
Side yard 40'
1
Lot width 1 130' 130' 110' -1-0V110' 110' 1 110'
c. For lots of rccord and preliminary platted or conccpt plan lots
approved by the city councilafter February 16, 1999, the following
setback requirements shall apply to the yard of a lot abutting a
major collector or arterial street:
I .
RS-1 , RS-2 RS-3 RS-4 ' RST-1 RST-2 ' RM-1 ! RM-2 ! RH-1 , RH-2
1
1
1 ,
1
RS-1 RS-2 RS-3 RS-4 RST-1 RST-2
40' 30' 30' , 30' 30' 1 50' 50' 50' 50'
Rear yard 50' 50' 50' ! 50' 50' 50' 50' 50' 50' 1 50'
b. Lots abutting major collector streets prcliminary plattcd aftcr
January 17, 2006:
RS 1 RS 2 RS 3 RS 1 RST 1 RST 2
Lot depth ' 220' 170' ! 150' 150' ! 150' 150'
Rear setback 64— 60 60 , 64Y— : 60L- 1 64—
For corner lots whcrc thc c.. yard abuts thc major collcctor street,
-2e
■ RS 1 ' RS 2 RS 3 RS 1 RST 1 : RST 2
Lot width 135' 135' 130' 130' 1 130' 130'
Side setback 50' 50' 50' 50' 50'
c. Lots abutting artcrial streets prcliminary plattcd aftcr January 17,
2006:
13
For double frontage lots, thc following standards shall apply:
RS 1 RS 2 RS 3 RS 1 RST 1 RST 2
Lot depth 220' 170' 170' 170' 170' 170'
Rear setback 70' 70' 70' 70' 70' 70'
For corner lots where thc side yard abuts the arterial strcct, the
RS 1 RS 2 RS 3 RS 4 RST 1 RST 2 ' : -
Lot width :115' 115' 44-0 140' 110' 110'
Side setback 60L-- I 60L- 55' 55' 55' • 55'
d. Within thc RM 1 and RH 1 districts, thc following principal building
setback:, shall apply:
Arterial strccts
70 feet
Major collector streets ' feet
Section 14. Section 11-21-9.E.6.a of the City Code is hereby amended to read
as follows:
a. Buffer Yards: Except where natural vegetation is acceptable, buffer
yards shall contain a combination of earth berms, plantings, or
privacy fencing of a sufficient density to provide a minimum visual
screen and a reasonable buffer to thc following 1 a minimum
height of ten (10) feet:
(1) Major collcctor streets: Tcn feet (10').
(2) Arterial streets: Twelve fcct (12').
(31) The height of the bermbuffer yard shall be measured along a
line drawn at the back of the curb of the roadway, or the
edge of bituminous, to the ground elevation at the rear line of
the building pad to the peak of the berm the height of the
plantings to be installed as defined by this Section.
14
(42) Where the grade elevation of the first floor of the building for
which the buffer is providing protection is more than ten feet
(10') above the grade of an adjacent major collector strcctor
arterial
street, the minimum screening height requirements of this
section shall not apply.
•
(53) Where the grade elevation of the first floor of the building for
which the buffer is providing protection is more than six feet
(6') below the centerline grade of an adjacent major collector
or arterial street, the minimum screening height
requirements shall be reduced by four feet (4') along major
collector ctrcctsor by six feet (6') along arterial streets.
Section 15. Section 11- 21- 9.E.6.d of the City Code is hereby amended to read
as follows:
d. Earth Berms: Earth berms within designated buffer yards shall adhere to
the following:
(A) Major collector streets: Four fcct (4').
(B) Arterial streets: Six fcct (6').
(21) The slope of the earth berm shall not exceed a three to one (3:1)
slope unless approved by the city engineer.
(32) The earth berm shall contain no less than four inches (4 ") of topsoil.
Section 16. Section 11- 23 -15.F of the City Code is hereby amended to read as
follows:
F. Illuminated Signs:
1. Illuminated signs shall be shielded to prevent lights from being
directed at oncoming traffic in such brilliance that it impairs the
vision of the driver and may not interfere with or obscure traffic
signs or signals. Lighting may not illuminate any adjacent
properties, buildings, or streets.
15
2. No si.n incorporating LED lighting may be illuminated in anv wa
so as to exceed a maximum intensity of five thousand (5.000) NITS
Burin da li. ht hours or five hundred 500 NITS from sunset to
sunrise measured at the sign face at maximum brightness.
3. Signs using fluorescent. neon or incandescent Tight sources shall
not exceed twelve (12) watts per square foot of sign surface area.
4. All signs incorporating LED lighting installed after [EFFECTIVE
DATE] shall be equipped with a mechanism that automatically
adjusts the brightness to ambient lighting conditions to conform to
the requirements of this Section.
5. The owner of any LED illuminated sign shall provide certification as
to compliance with Section 11- 23- 15.F.2 and 3 of this Title to the
City upon request by the Zoning Administrator.
Section 17. Section 11- 23 -15.K of the City Code is hereby amended to read as
follows:
K. °°�edAll exterior mounted signs shall be constructed of high quality
materials. durable and resistant to fading. cracking. chipping. peeling or
other forms of extreme wear and except within the C -CBD District shall not
be a• •lied with .aint direct) onto the exterior surface of the buildin•.
Section 18. Section 11- 23- 15.M.1 of the City Code is hereby amended to read
as follows:
1. Freestanding signs:
a. The height of the sign shall be measured from the ground at the base to
the highest -most part of the structure.
16
b. On commercial and industrial properties with an elevation below that of
the centerline of the adjacent street. measured at the closest distance
between the sign location and centerline of the street, the hei• ht of a
freestandin. si • n may increase to be not more than the allowed hei • ht of
a freestanding sign within the applicable district above the centerline
elevation of the street with a total height not to exceed more than ten (10)
feet above the maximum height of the applicable district.
Section 19. Section 11- 23 -15.T of the City Code is hereby amended to read as
follows:
T. Changeable Copy Signs:
1. For commercial and industrial uses, one 40- square foot changeable
copy sign (but not including electronic changeable copy or
electronic graphic display signs) shall be allowed per site provided
that the changeable copy area of the sign is integrated into the
allowed freestanding sign for the respective zoning district.
2. Within the C -2 and C -3 Districts, one (1) electronic changeable
co. or electronic graphic dis•la si.n ma be allowed •rovided
that:
a. Operation: The operation of the electronic sign shall require
issuance of a license pursuant to Section 3 -21 -3 of the City
Code.
b. Location.
(1) The sign shall be displayed only in a yard abuttin• an
arterial. minor expander. minor connector or minor
reliever street, collector or local commercial street as
defined by the Comprehensive Plan.
2 The si• n shall be setback a minimum of fift 50 feet
from any side or rear lot line abutting a residential
district.
b. Sign Structure:
(1) The electronic changeable copy or graphic displa
shall be incorporated as part of the freestanding sign
allowed by Section 11- 23 -19.E of this Title.
17
The si•n includin • the electronic changeable co • or
• ra. hic dis •lay element shall be a monument si.n
constructed as follows:
(a) The electronic changeable copy or ara •hic
dis•la element shall not exceed forty (40)
square feet and shall be integral and
conti•uous to the overall si•n dis•la
The si• n shall be self -su • sorted verticall b a
solid base extending horizontally for a
minimum of the entire width of the sign face.
The total hei ht of the si• n structure includin
the base shall not exceed fifteen feet (15').
The si•n base and sus •ortin material
constructed of stone. brick. or decorative
masonry shall be equal to at least forty percent
(40 %) of the total allowable sign area. but shall
not be counted toward the sign area and shall
not contain any sign copy.
Section 20. Section 11 -23- 15.X.1 of the City Code is hereby amended add the
following provision:
f. The sign may be illuminated but only an external light source
shall be allowed within residential districts.
Section 21. Section 11- 23 -17.H of the Lakeville City Code is hereby amended to
read as follows:
H. Electronic graphic display signs except as allowed by Sections 11-
23-15.T.2 and 11- 23- 19.H.1.d of this Title.
Section 22. Section 11- 23- 19.H.1.d(2) of the Lakeville City Code is hereby
amended to read as follows:
18
(2) For city of Lakeville public administration, fire stations, police
department buildings, ice arenas and public maintenance
buildings and ISD 192, ISD 194 and ISD 196 school district
uses only, as allowed by chapter 97 of this title, the
changeable copy sign allowed by this section may utilize
electronic graphic display provided that:
(A) An electronic graphic display sign shall be displayed
only in a yard abutting a minor expander, minor
connector or minor reliever street as defined by the
comprehensive plan.
(B) The operation of the electronic sign shall require
issuance of a license pursuant to Section 3 -21 -3 of
the City Code. Thc electronic graphic display sign
fifte ('15) mini tee
(C) Thc cicctronic graphic display sign shall not include
scrolling, flashing, animation, or other cffccts that
o r ea to a traffic+ hazard
(D)
Thc cicctronic graphic display mutt bc static and the
inctantancous without any special cffccts.
(E) Thc cicctronic graphic display must bc complete in
themcclvcs, without continuation in content to the
next image or mcscagc.
not cxcccd ccvcn thousand (7,000) nits after cunricc
and bcforc sunset or five hundred (500) nits after
sunset and bcforc cunricc ach day. Thc cicctronic
graphic display sign shall bc cquippcd with an
automatic dimmcr control or other mechanism that
cquippcd to freeze thc device in one position if a
cquippcd with a m ans to immediately discontinue
the display if it malfunctions, and the sign owner must
of thc conditional ucc permit.
19
Section 23. Section 11 -27 -3 of the City Code is hereby amended to read as
follows:
11 -27 -3: QUALIFICATION: To qualify for a building permit for a model home, which
may include a temporary real estate office, the following shall be required:
A. Upon receipt of final plat approval and recording,
subdivision may bc granted. No final certificate of occupancy shall bc issued until
the infrastructure improvements including the first lift of asphalt have been
completed and approved by thc city building permits may be issued for model
homes and /or temporary real estate offices, provided that the number of model
homes and /or tem •ora real estate offices shall not exceed the • reater of two
B.
(2 buildin•s or ten percent (10 %) of the lots within the final plat.
percent (10 %) of thc lots within thc final plat No certificate of occupancy shall be
issued for a model home and /or temporary real estate office until the
infrastructure im •rovements includin• the first lift of as halt have been com•leted
and approved by the City Engineer.
Section 24. Section 11- 31 -5.F of the City Code is hereby amended to read as
follows:
F. Signage: All signing and informational or visual communication devices
shall be in compliance with Chapter 23 of this tile regulated by the sign
provisions for the district in which the use is located as set forth in Chapter
23 of this Title.
Section 25. Section 11- 35 -3.B.2 of the City Code is hereby amended to read as
follows:
2. The number of horses does not exceed one 1jper acre or ten (10) animal
units, whichever is less, unless a higher number is granted by the
issuance of an Genelitienal•interim use permit.
Section 26. Section 11- 35 -5.B.1 of the City Code is hereby amended to read as
follows:
1. No new animal feedlots shall be established within the City after April 5,
2004 except as allowed by Section 11- 35 -3.B of this Title.
20
Section 27. Section 11- 70 -7.D of the City Code is hereby amended to read as
follows:
D. Daycare: Daycare facilities as a principal or acccfory use provided
that the use complies with the provisions of Chapter 31 of this Title.
Section 28. Section 11 -70 -11 of the City Code is hereby amended to add the
following provision:
E. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
Section 29. Section 11- 71 -7.0 of the City Code is hereby amended to read as
follows:
C. Daycare: Daycare facilities as a principal or acccsvery use provided
that the use complies with the provisions of Chapter 31 of this Title.
Section 30. Section 11 -71 -11 of the City Code is hereby amended to add the
following provision:
G. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
Section 31. Section 11- 72 -7.G of the City Code is hereby amended to read as
follows:
G. Daycare: Daycare facilities as a principal or accc&cory use provided
that the use complies with the provisions of Chapter 31 of this Title.
Section 32. Section 11- 72 -9.A of the City Code is hereby amended to read as
follows:
A. Outdoor service, sale and rental as a principal or an accessory use,
provided that:
1. Outside services, sales and equipment rental connected with the
principal use is limited to thirty percent (30 %) of the gross floor area
of the principal use.
21
2. Outside sales areas are fenced or screened from view of
neighboring residential uses or an abutting residential district in
compliance with section 11 -21 -9 of this Title.
3. Sales area is surfaced with asphalt, concrete or pavers to control
dust.
4. The use does not take up parking space as required for conformity
to this title.
5. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the City Council in accordance with
section 11 -5 -7 of this Title.
Section 33. Section 11- 72 -9.B of the City Code is hereby amended to read as
follows:
B. Outdoor storage as a principal or an accessory use, provided that:
1. Outside storage connected with the principal use is limited to thirty
percent (30 %) of the gross floor area of the principal use.
1-2. The storage area is fenced and screened from view of neighboring
residential uses, abutting residential districts and the public right of
way in compliance with Section 11 -21 -9 of this Title.
23. The storage area is surfaced with asphalt, concrete or pavers to
control dust.
34. The storage area does not take up parking space as required for
conformity to Chapter 19 of this Title.
45. The storage does not include any waste, except as provided in
Section 11 -18 -11 of this Title.
56. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the city council in accordance with
Section 11 -5 -7 of this Title.
Section 34. Section 11 -72 -11 of the City Code is hereby amended to add the
following provision:
G. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
22
Section 35. Section 11- 73 -7.G of the City Code is hereby amended to read as
follows:
G. Daycare: Daycare facilities as a principal or acccsceyF use provided
that the use complies with the provisions of Chapter 31 of this Title.
Section 36. Section 11- 73 -9.A of the City Code is hereby amended to read as
follows:
A. Outdoor service, sale and rental as a principal or an accessory use,
provided that:
1. Outside services, sales and equipment rental connected with the
principal use is limited to thirty percent (30 %) of the gross floor area
of the principal use.
2. Outside sales areas are fenced or screened from view of
neighboring residential uses or an abutting residential district in
compliance with section 11 -21 -9 of this Title.
3. Sales area is surfaced with asphalt, concrete or pavers to control
dust.
4. The use does not take up parking space as required for conformity
to this title.
5. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the City Council in accordance with
section 11 -5 -7 of this Title.
Section 37. Section 11- 73 -9.B of the City Code is hereby amended to read as
follows:
B. Outdoor storage as alNinGipakof an accessory use, provided that:
Outside storage connected with the •rinci.al use is limited to thirt
percent (30 %) of the gross floor area of the principal use.
1-2. The storage area is fenced and screened from view of neighboring
residential uses, abutting residential districts and the public right of
way in compliance with Section 11 -21 -9 of this Title.
23
23. The storage area is surfaced with asphalt, concrete or pavers to
control dust.
34. The storage area does not take up parking space as required for
conformity to Chapter 19 of this Title.
45. The storage does not include any waste, except as provided in
Section 11 -18 -11 of this Title.
56. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the city council in accordance with
Section 11 -5 -7 of this Title.
Section 38. Section 11 -73 -11 of the City Code is hereby amended to add the
following provision:
G. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
Section 39. Section 11- 74 -7.G of the City Code is hereby amended to read as
follows:
G. Daycare: Daycare facilities as a principal or accessory use provided
that the use complies with the provisions of Chapter 31 of this Title.
Section 40. Section 11- 74 -9.A of the City Code is hereby amended to read as
follows:
A. Outdoor service, sale and rental as a principal or an accessory use,
provided that:
1. Outside services, sales and equipment rental connected with the
principal use is limited to thirty percent (30 %) of the gross floor area
of the principal use.
2. Outside sales areas are fenced or screened from view of
neighboring residential uses or an abutting residential district in
compliance with section 11 -21 -9 of this Title.
3. Sales area is surfaced with asphalt, concrete or pavers to control
dust.
4. The use does not take up parking space as required for conformity
to this title.
24
5. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the City Council in accordance with
section 11 -5 -7 of this Title.
Section 41. Section 11- 74 -9.B of the City Code is hereby amended to read as
follows:
B. Outdoor storage as a principal or an accessory use, provided that:
1. Outside storage connected with the principal use is limited to thirty
percent (30 %) of the gross floor area of the principal use.
1-2. The storage area is fenced and screened from view of neighboring
residential uses, abutting residential districts and the public right of
way in compliance with Section 11 -21 -9 of this Title.
23. The storage area is surfaced with asphalt, concrete or pavers to
control dust.
34. The storage area does not take up parking space as required for
conformity to Chapter 19 of this Title.
45. The storage does not include any waste, except as provided in
Section 11 -18 -11 of this Title.
66. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the city council in accordance with
Section 11 -5 -7 of this Title.
Section 42. Section 11 -74 -11 of the City Code is hereby amended to add the
following provision:
I. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
Section 43. Section 11 -74 -15 of the City Code is hereby amended to read as
follows:
11- 74 -15: LOT REQUIREMENTS AND SETBACKS: The following minimum
requirements shall be observed in a C -CBD district subject to additional requirements,
exceptions and modifications set forth in this title:
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Lot area
Lot
width
Setbacks
None
None
None exce.t where a lot zoned
C -CBD fronting onto a street other than Holyoke Avenue abuts a residential zoned
property along a common side lot line then the front yard setback shall be twenty
20 feet and the side or rear and setback abuttin ' an residential zoned . ro . ert
shall be thirty (30) feet.
Section 44. Section 11 -75 -3 of the City Code is hereby amended add the
following provision:
K. Light manufacturing that does not generate exterior smoke. dust,
odor. fumes or noise emissions and is less than 50% of the
principal building floor area.
Section 45. Section 11- 75 -7.0 of the City Code is hereby amended to read as
follows:
C. Daycare: Daycare facilities as a principal or acccscory use provided
that the use complies with the provisions of Chapter 31 of this Title.
Section 46. Section 11 -75 -7 of the City Code is hereby amended add the
following provision:
L. Light manufacturing that is fifty (50 %) percent of the Drinci•al
building floor area or greater. provided that:
a. The use does not generate exterior smoke. dust. odor.
fumes or noise emissions.
b. The use shall comply with all applicable exterior building
materials and landscaping requirements of the O -P District.
c. There shall be no outdoor storage allowed as a principal or
accessory use.
d. The • ro • osed use is not a waste facilit as re • ulated b the
City Code.
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Section 47. Section 11 -75 -11 of the City Code is hereby amended to add the
following provision:
F. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
Section 48. Section 11- 85 -7.0 of the City Code is hereby amended to read as
follows:
C. Daycare: Daycare facilities as a principal or acccccory use provided
that the use complies with the provisions of Chapter 31 of this Title.
Section 49. Section 11 -85 -11 of the City Code is hereby amended to add the
following provision:
G. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of chapter 31 of this title.
Section 50. Section 11- 86 -7.E of the City Code is hereby amended to read as
follows:
E. Daycare: Daycare facilities as a principal or acccssory use provided
that the use complies with the provisions of Chapter 31 of this Title.
Section 51. Section 11 -86 -11 of the City Code is hereby amended to add the
following provision:
H. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
Section 52. Section 11- 87 -7.E of the City Code is hereby amended to read as
follows:
E. Daycare: Daycare facilities as a principal or accc -..ory use provided
that the use complies with the provisions of Chapter 31 of this Title.
Section 53. Section 11 -87 -11 of the City Code is hereby amended to add the
following provision:
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Section 54. This ordinance shall be in full force and effect upon its passage and
publication according to law.
ADOPTED by the City Council of the City of Lakeville, Minnesota, this
day of , 2012.
ATTEST:
BY:
H. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
BY:
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Mark Bellows, Mayor