HomeMy WebLinkAboutItem 05 (amended)TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPC@PlanningCo.com
MEMORANDUM
TO: Daryl Morey
FROM: Daniel Licht, AICP
DATE: 12 February 2016
RE: Lakeville — Zoning Ordinance Update
TPC FILE: 135.01
BACKGROUND
The Planning Department initiates an annual review of the Zoning Ordinance, Subdivision
Ordinance and/or City Code to address issues identified in the course of ongoing administration
of the City's development regulations and review of development applications. The Planning
Commission held a work session on 21 January 2016 to discuss the list of topics compiled by
City staff in 2015 and provide direction as to possible amendments. Based on the direction
from the Planning Commission, City staff has drafted proposed amendments to the City Code
and Zoning Ordinance. A public hearing has been noticed for the Planning Commission
meeting on 3 March 2016 to consider the proposed amendments.
Exhibits:
A. Draft amendment
ANALYSIS
Electronic Signs. The Planning Commission recommended and the City Council adopted
amendments to the Sign Ordinance in 2012 making allowance for electronic dynamic display
signs. The allowance for dynamic display signs was established in two ways; within the Zoning
Ordinance outlining the location and physical performance standards for dynamic signs and
within the City Code requiring a business license and establishing operational standards for the
signs. To date, there have been 11 dynamic display signs approved by City staff, but only seven
have been installed.
When the dynamic display regulations were adopted, the Planning Commission indicated its
intent that these provisions would be reviewed from time -to -time to evaluate their
implementation and administration. The Economic Development Commission (EDC) recently
initiated their own discussion of the dynamic display regulations at their meeting on 24
November 2015, following the installation of a dynamic display sign at a business owned by a
member of the EDC. The focus of these discussions was on the operational standards adopted
in Section 3-22-7 of the City Code, and specifically the limit on the change of the display to once
per minute. The question being raised by the EDC is if the performance standards established
by the City Code allow for businesses to maximize the technology available for dynamic display
signs. EDC Chair Glenn Starfield also provided the Planning Commission a letter and a sign
industry organization's white paper regarding regulation of electronic signs.
Section 3-22-1 of the City Code outlines the purpose for establishing the operational
performance standards for dynamic display signs. Dynamic display signs, because of their
technology, are highly visible and have great potential for attracting and holding attention
making them very effective for businesses to use for identification, as well as advertising
purposes. At the same time, the visibility and attraction of dynamic display signs creates a
potential distraction to drivers on adjacent streets and also may be seen as negatively effecting
desired community aesthetics. To this end, the operational provisions established in Section 3-
22-7 of the City Code seeks to balance the interests of both the business with a dynamic display
sign and that of the City to protect the public health, safety and welfare.
In developing the provisions allowing for dynamic display signs, the Planning Commission held
several work sessions in 2012 and received input from local businesses regarding their intended
use of dynamic display signs. The EDC and Lakeville Area Chamber of Commerce recommended
a 30 second rate of change for the display. The primary function of the dynamic display sign
was to advertise products or product specials to passing traffic on abutting streets that could be
easily updated and changed to include multiple messages. The physical regulations adopted as
Section 11-23-15.T of the Zoning Ordinance reflect the input of the local businesses and allow
the use of a 40 square foot, 15 foot tall dynamic display sign in the C-2 or C-3 Districts, located
in a yard abutting an arterial or major collector street. Operationally, the dynamic display is
allowed to change once every minute and there are also provisions regulating brightness of the
display established in Section 3-22-7 of the City Code.
The function of the time limit on changes for the dynamic display sign is to minimize the
number of separate messages a passing vehicle will be exposed to so as to limit potential driver
distraction to not more than one complete or two partial messages. With the requirement that
dynamic display signs be located in yards abutting major collector or arterial streets, it is
assumed that passing traffic would typically be within a minimum 40 miles per hour speed
zone. At 40 miles per hour, a vehicle moves approximately 59 feet per second. A vehicle
approaching a dynamic display sign at 40 miles per hour would need to be more than 3,600 feet
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away from the sign to experience more than one display change based on the current limit of
one display change per minute.
Because the City Code allows dynamic display signs to include both text and graphics, there is a
wide range of information that could be conveyed by the sign by each individual user. The
effectiveness of any sign will be based on its legibility for the viewer to make out symbols and
readability for the viewer to understand what the sign is communicating. The Federal Highway
Administration recommends that no change occur more frequently than every four seconds
based on the minimum time needed for a driver to understand and comprehend a message
they are viewing on even the streets with the slowest posted speed limits. Information from the
American Planning Association Planning Advisory Service publication Context -Sensitive Signage
Design (June 2001) indicates the minimum required legibility distances for a sign would be as
follows for various speeds:
Speed
MRLD
Travel
Distance/Sec.
Interval
30mph.
240 ft.
44 ft./sec.
5.5 sec.
35mph.
280 ft.
51 ft./sec.
5.5 sec.
40mph.
320 ft.
59 ft./sec.
5.4 sec.
45mph.
360 ft.
66 ft./sec.
5.5 sec.
50mph.
400 ft.
73 ft./sec.
5.5 sec.
55mph.
440 ft.
81 ft./sec.
5.4 sec.
Source: American Planning Association, TPC
The information in the table above establishes a minimum limit on the frequency of display
times of six seconds to minimize the number of display changes to one or portions of two
messages a viewer would be able to see and understand while passing a dynamic display sign.
This information would be for a sign developed to maximize legibility and readability for which
there are many variables as to the design of the sign content, which the City does not regulate.
Therefore, the Planning Commission may consider six seconds to be the minimum time interval
to be allowed, while considering a longer period to account for potential lower quality in the
design of the sign display from a legibility and readability perspective effecting traffic.
The Planning Commission discussed possible reduction in the time interval of changes allowed
for dynamic display signs between the current limit of one minute and consideration of the EDC
and Lakeville Chamber of Commerce's original 2012 recommendation of 30 seconds, or possibly
as low as six seconds. While recognizing the current and advancing technology of electronic
signs, the Planning Commission remained concerned about the potential negative effects of
dynamic displays, especially given the opportunity for multiple electronic signs to be located
within a corridor on adjacent properties and the cumulative effects of multiple signs on driver
distraction and community aesthetics. As such, the Planning Commission recommended
revising the City Code to allow a 30 second interval between display changes and maintaining
the current limits on the dynamic elements of the display, such as animation, scrolling, flashing,
fading, etc. The Planning Commission also reiterated their willingness to revisit the issue again
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in the future as more electronic signs are erected within the City and the cumulative effects can
be better understood and evaluated.
Interim Use Permit. Section 11-5-1 of the Zoning Ordinance establishes the purpose for the
use of interim use permits to make allowance for uses on a temporary basis, allow uses
currently acceptable but that are not anticipated to be in the future, or allow uses anticipated
to be appropriate in the future based on the Comprehensive Plan to be established in a manner
compatible with present day uses. The City has also utilized interim uses within the Zoning
Ordinance to allow for uses that will be consistent with the Comprehensive Plan and
compatible with surrounding uses based on the elements of a specific use/property, such as
keeping of animals not specified by the Zoning Ordinance or outdoor sales or outdoor storage
for specific commercial and industrial businesses. The termination provisions for interim use
permits outlined in Section 11-5-7 allow the City to establish that the allowance of the interim
use ends upon any change in circumstance for an approved interim use including cessation of
the use, change in occupancy, or other circumstance that may change the character of the
interim use. This latter use of interim use permits is not adequately reflected in the purpose
statements for interim uses in Section 11-5-1 of the Zoning Ordinance, which is proposed to be
amended to include the following:
D. To allow a use that is presently iudged to be acceptable by the citv council
based on the characteristics and circumstances of the specific location.
property, or use for which the interim use permit is proposed such that the
use will be consistent with the Comprehensive Plan, complies with the
requirements of the Zoning Ordinance, and is compatible with surrounding
land uses, which may be effected as a result of any change to the nature of
the interim use or existing uses and development in the area.
Exterior Building Materials. The Zoning Ordinance specifies exterior building requirements for
various residential, commercial, office and institutional uses. The provisions may reference the
"fagade" of the building, which can be defined as applying only to the front elevation of a
structure. This term is also used in several instances regarding allowance of wall signs. To
clarify when the provision is applicable to all exterior walls of a building, the term "elevation" is
proposed to be substituted for "fagade". The term "facade" is retained with regards to the use
of contrasting color within regulation for convenience food and motor fuel facilities where
performance standard is in reference to the front of the building consistent with the common
definition of the word.
Sport Courts. Section 11-18-7.1-1 of the Zoning Ordinance was amended in 2010 to establish
performance standards applicable to sport courts. Questions raised regarding the
implementation of these provisions, specifically installation of permanent fixtures and optional
installation of fences or lighting, necessitates changes to ensure the intent of the requirements
are interpreted accurately as follows:
H. Sport Courts: Accessory outdoor recreation surface areas with pefman
fixtffes permanently affixed recreational equipment that afemav be
C!
enclosed by fence} or that may include exterior lighting shall be subject to
the following provisions:
Accessory Buildings. The Zoning Ordinance was amended in 2010 to include the RS -4 Single
Family Residential Zoning District to provide for a smaller urban single family lot standard. The
allowance of single family lots within the RST -2, RM -1, RM -2, RH-1 and RH-2 Districts were also
amended at that time to mirror the standards of the RS -4 District. The table included in Section
11-18-9.D.1 of the Zoning Ordinance establishing allowances for accessory buildings and
garages by Zoning District is proposed to be amended such that the standards for single family
uses within the RS -4, RST -2, RM -1, RM -2, RH-1 and RH-2 Districts are consistent with that
allowed in the RS -4 District by increasing the allowed area within the RS -4 District to 1,100
square feet for interior lots and 1,250 square feet for corner lots. An additional provision is
recommended by the Planning Commission to limit the width of attached garages for single
family lots within the RS -4, RST -2, RM -1, RM -2, RH-1 and RH-2 Districts to 36 feet facing a public
street. Increasing the maximum square footage together with the limit on garage width in this
manner would allow opportunity for up to a four car garage with the fourth stall provided in
tandem arrangement.
Community Gardens. The City received a request from a business within the Airlake Industrial
Park to incorporate a community garden within their site. The community garden would be
secondary to the principal use of the property and not necessarily be maintained by the
management/employees of the business. The Planning Commission discussed amending the
Zoning Ordinance to include community gardens and is recommending that community gardens
be allowed as permitted accessory use within the P -OS, C-2, C-3, O -P, 1-1 and 1-2 Districts
subject to performance standards including:
■ Location in a side or rear yard.
■ The garden would be subject to setback requirements for accessory buildings and may
not encroach into any drainage and utility easement.
■ Fences must comply with the requirements of the Zoning Ordinance.
■ Access to the garden must be internal to the site utilizing driveways and off-street
parking areas that comply with the requirements of the Zoning Ordinance in terms of
surfacing and curb.
■ Allowance of one detached accessory building not exceeding 200 square feet to be used
for storage purposes.
■ Prohibiting sales of produce.
Fence Permits. Section 11-21-5.A of the Zoning Ordinance currently requires approval by the
Zoning Administrator for any fence under seven feet in height and a building permit for any
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fence seven feet or greater in height constructed upon a property. City staff believes that the
requirement for approval of a fence less than seven feet in height upon any portion of lot is
unnecessary, and that review by the Zoning Administrator should only be required for fences
constructed in front yards and buffer yards, andbawR property line fences. The Planning
Commission concurred that such an amendment would be appropriate and would make the
process easier for property owners.
Swimming Pools. Section 11-21-5.G.4 of the Zoning Ordinance requires a^'^ground
swimming pool to have a 10 foot setback from any building or structure within the same lot.
The intent of the provision is to maintain a 10 foot setback from lot lines, as well as the
principal building as required by the Building Codewal -able ^^ri^ e -ter at the edge of th n^^'
fG-safety. City staff has encountered situations were a deck will be proposed to cantilever over
this 10 foot setback area, but the current language of the Zoning Ordinance requires a 10 foot
setback from any structure, including attached decks. City staff proposes to revise this Section
of the Zoning Ordinance to only require a minimum 10 foot setback from all property lines and
the principal building (not including attached decks). Previ^'^^'th-at Sufficient ^.�:, ,� ,.'^.,..@Ree
ef eight feet exists belew the deek, this Siti-i-atie-A d -e -e -S, Ret e-reate a rb-afety hazaFd. Alse, City
^f the ^�
Freeway Corridor Signs. The City has established regulations within Section 11-23-19.G of the
Zoning Ordinance designating a Freeway Corridor District for signs along the 1-35 corridor. The
freeway corridor district allows for an increase in area for wall signs and an increase in height
and area for freestanding signs intended to provide increased opportunity for visibility of
businesses from 1-35. For the wall signs, Section 11-23-19.G.1.b of the Zoning Ordinance
specifies that the wall signs may be installed on two facades of the principal building for corner
or through lots. This language mirrors that of the sign allowances for commercial and industrial
districts outside of the freeway corridor district where the signs are intended to be viewed from
adjacent streets.
An issue was identified in review of the signage plan for the Candlewood Suites approved for
development at the southwest quadrant of CSAH 70 and 1-35. The location of the Candlewood
Suites is within the freeway corridor district but is such that facades of the building relative to
the adjacent streets would not allow for placement of wall signs so as to be visible from 1-35
under the current Zoning Ordinance. To address this situation, which will likely occur at other
locations within the freeway corridor district due to its boundaries, the Planning Commission
recommends that where more than one wall sign is allowed, the second sign may face a public
right-of-way or be located on any elevation so as to be visible from 1-35.
Animals. Section 11-35-3 of the Zoning Ordinance establishes allowances and performance
standards for keeping of animals. Keeping of house pets (including up to three dogs) is allowed
as a permitted use in all residential and agricultural/rural zoning districts and keeping farm
animals (including horses) is allowed in agriculture/rural zoning districts. For animals not
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defined as either house pets or farm animals, Section 11-35-3.D of the Zoning Ordinance
provides for approval of an interim use permit to allow keeping of other animals. The City
processed an application to allow keeping of a falcon under this provision in 2015 and other
applications for exotic or wild animals would be possible. The Planning Commission questioned
whether the option of keeping of animals other than house pets or farm animals should be
allowed by the Zoning Ordinance. The Planning Commission discussion focused on the
definitions of domestic and farm animals, which allow an appropriate range of animals to be
kept in appropriate areas of the City, and they recommended that the interim use permit
provision for other animals be repealed. Interim use permits previously approved under this
section may continue as legal non -conforming uses.
Detached Townhouse Setbacks. The Planning Commission recently discussed the issue of side
yard setback requirements between detached townhomes as part of the Kenwood Hills PUD.
Beyond the requirements applicable to that specific development as part of a PUD District, the
Planning Commission noted the need to consider the appropriate setbacks for detached
townhomes within the RST -2, RM -1, RM -2, RH-1 and RH-2 Districts.
The Zoning Ordinance establishes a minimum setback of 20 feet between detached townhouse
buildings. The intent of the minimum 20 foot setback between detached townhouse buildings
is to establish adequate separation between structures to minimize visual crowding and provide
open spaces within higher density developments (compared with single family neighborhoods).
The performance standards for the RST -2 District were adopted with the Zoning Ordinance
update in 2000. In 2010, the City established the RS -4, Single Family Residential District to
provide for a more compact, traditional single family neighborhood with 70 foot minimum lot
widths and seven foot side yard setbacks. In consideration of the side yard setbacks required in
the RS -4 District, the City may reconsider the setbacks between buildings for detached
townhouses.
The Planning Commission believes that a reduction in the minimum setback between buildings
for detached townhouses would allow opportunity for greater density within low and medium
density development areas identified on the 2030 Land Use Plan. Greater density in areas not
designated for low density residential uses aides the City in realizing the goals and policies of
the Comprehensive Plan, making it possible for lower density single family development to
continue to be the primary residential land use in the City. The Planning Commission is
recommending a 14 foot setback between detached townhomes, consistent with the side yard
setback requirement in the RS -4 District. The Planning Commission recommended that the
minimum 20 foot setback for attached dwelling units remain the same.
Schools in 0 -IR Districts. The Zoning Ordinance allows public and private educational
institutions in residential districts (as well as the P -OS District) and adult education facilities in
commercial districts. The O -R District allows for instructional classes as a permitted use and
preschool, daycare and adult education facilities as a conditional use. As a transitional district
between residential and commercial or industrial areas, accommodating public and private
education facilities within the O -R District would be appropriate. City staff recommends
7
amending Section 11-70-7 of the Zoning Ordinance to include public and private education
facilities as a conditional use within the O -R District.
Convenience Food Uses. Section 11-2-3 of the Zoning Ordinance defines fast food uses as
"Restaurant (Convenience)", which includes drive-in and drive-through facilities. The sections
establishing allowed conditional uses in the C-2, C-3, and C -CBD Districts states "Drive-in and
convenience food establishments". City staff recommends amending the conditional use
sections of the C-2, C-3, and C -CBD Districts to reference "convenience restaurants" so as to be
consistent with the definition established for convenience food restaurants in Section 11-2-3 of
the Zoning Ordinance.
O -P District Parking Setback. Section 11-75-13.E of the Zoning Ordinance establishes design
standards for development within the O -P District including setbacks for parking areas. The
setback standard referenced is 10 feet. This setback is less than the 15 feet required by
Chapter 19 of the Zoning Ordinance for parking lots adjacent to public rights-of-way. City staff
recommends increasing the setback requirement to 20 feet abutting public rights-of-way and
maintaining a 10 foot setback requirement for interior or side lot lines. The additional
greenspace is consistent with the intent of the O -P District to require a higher standard of
landscaping and amenities opposed to industrial districts.
CONCLUSION
City staff recommends approval of amendments to the City Code and Zoning Ordinance in the
form attached hereto.
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE.
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
Section 1. Section 3-22-7.13.1 of the Lakeville City Code (Business and
Licensing Regulations — Dynamic Display Signs) is hereby amended to read as
follows:
Change Of Display: The display shall change display not
more often than once every oneminutethirty (30) seconds.
Section 2. Section 11-5-1 of the Lakeville Zoning Ordinance (Interim
Use Permits — Purpose and Intent) is hereby amended to add the following
provision:
D. To allow a use that is presently iud=d to be acceptable by the citv
council based on the characteristics and circumstances of the
specific location, property, or use for which the interim use permit
is proposed such that the use will be consistent with the
Comprehensive Plan, complies with the requirements of the
Zoning Ordinance, and is compatible with surrounding land uses_
which magy be effected as a result of any change to the nature of the
interim use or existing uses and development in the area.
Section 3. Section 11-17-9.13 of the Zoning Ordinance (Building Type
and Construction) 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 fasadeeach exterior elevation and coordinated into
the design of the structure to create an architecturally balanced
appearance and shall comply with the following requirements:
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 (651/o) 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 sideselevations of the principal and ant, accessory
structures are to have essentially the same or coordinated
harmonious exterior finish tmmme .
Section 4. Section 11-18-7.D.2 of the Zoning Ordinance (Accessory
Uses — Single Family Uses) is hereby amended to include the following
provision:
C. The maximum width of the facade of an attached
garage within the RS -4. RST -2, RM -1, RM -2. RH-1
d RH-2 Districts shall be thirty six (36) feet.
Section 5. Section 11-18-7.1-1 of the Zoning Ordinance (Accessory
Uses — Single Family Uses) is hereby amended to read as follows:
H. Sport Courts: Accessory outdoor recreation surface areas with
pemument fixtures permanently affixed recreational equipment
that afemav be enclosed by fence,. or that may include exterior
lighting shall be subject to the following provisions:
Location: The sport court shall be allowed only within the
rear yard, shall not encroach within any drainage or utility
easement, and shall comply with the following setbacks:
a. Side lot line abutting a public right of way: Thirty
feet (301).
b. Interior side lot line: Ten feet (10').
C. Rear lot line: Ten feet (10').
2. Fencing:
a. Fencing enclosing the sport court shall be integral
green, brown or black color mesh fabric or similar
material or vinyl coated chainlink with a minimum
opacity of seventy five percent (75%).
b. The maximum height of the fence shall be six feet
(6) unless located within the buildable area of the
lot or at least ten feet (10') from the rear lot line
where a maximum height of eight feet (8') shall be
allowed.
C.
The fence shall be located within five feet (5') of the
sport court surface.
3. Exterior Lighting:
a.
Illumination of the sport court shall comply with the
provisions of section 11-16-17 of this title.
b.
The sport court shall not be illuminated between the
hours of ten o'clock (10:00) P.M. and seven o'clock
(7:00) A.M. or at other times when not in use.
C.
Light fixtures illuminating the sport court shall be
within five feet (5') of the surface.
d.
Light fixtures shall not be mounted to a height
greater than fifteen feet (15') and shall be downcast
with a ninety degree (90°) horizontal cutoff.
e.
All electrical wiring shall be located underground.
Section 6. Section 11-18-9.D.1 of the Zoning Ordinance (Accessory
Uses — Single Family Uses) is hereby amended to read as follows:
3
Except for agricultural buildings on farms, as provided for by
subsection D2 of this section, or as expressly permitted by
conditional use permit, the combination of accessory buildings and
garages shall not exceed either of the following area limitations per
unit or the total gross floor area of the principal structure,
whichever is least:
Percentage Of Minimum Lot Area
'
[ . Combined
Zoning
That May Be Occupied By The
Allowable Floor Area Per
District
Use
Accessory Building
Unit (Square Feet)
A -P
i All uses
Not applicable
Not applicable
RA
I Single-family
2 percent
18,712
RS -1
Single-family
1 10 percent
2,000
RS -2
Single-family
10 percent
1,500
RS -3
Single-family
10 percent
1,100 interior lot)
,10
1,250 (comer lot)
RS -4
j Single-family
10 percent
935 (ntet�er let)
1, 125
1,100 (interior lot)
1,250 (comer lot)
RS -CBD
Single-family
10 percent
840 (interior lot)
1,008 (comer lot)
RST -1
Single -fainly
10 percent
1,500
Two-family
10 percent
750
RST -2
Single-family
i 10 percent
1,100 (interior lot)
1,250 (comer lot)
Detached
i 10 percent
750
townhomes
Two-family
10 percent
750
RIM -1 and
Single-family
10 percent
1--0(interior lot)-
1,100
RM -2
1,250 (comer lot)
Two-family
10 percent
750
Townhouse
10 percent
750
RH-I and
Single-family
10 percent
1,100 (interior lot)
RH-2
f
1,250 (comer lot)
x r s�ida` 10 percent 750
10 percent 75
Section 7. Section 18 of the Zoning Ordinance (Accessory Uses) is
hereby amended to include the following provisions:
11-18-15• COMMUNITY GARDENS: Community gardens shall be allowed as a
permitted accessory use within the C-2. C-3. C -CBD, O -P, I-1. I-2 and I -CBD
Districts subject to the following provisions:
A. The community garden shall be located within an interior side or rear
B. The community garden shall comply with the setback requirements for
accessory buildings and shall not encroach into any draina_g_e and_ utility_
easement.
C Any fence shall comply with the requirements of Section 11-21-5 of this
title.
D. Access to the community garden shall be internal to the lot utilizing
driveways and off-street parking areas that comply with the requirements
of Section 19 of this tjtle.
E. One (1) detached accessory building not to exceed two hundred (200)
s uare feet shall be allowed for storage related to the community garden.
F. There shall be no sales of produce related to the community garden upon
the lot.
Section 8. Section 11-21-5.A of the Zoning Ordinance (Fences) is
hereby amended to read as follows:
A. Approval Required:
heigh4. A building permit is required for construction of any fence
seven feet (7) in height or greater. Approval by the zoning
administrator in accordance with Section 11-8-5 of this title is
reauired for construction of anv fence less than seven feet (T) in
height within a front yard, within a yard subject to the buffer yard
requirements of Section 11-21-9.E of this til% or for a, Formatted: Double strikethrough
property line fence. The approvals required under this subsection
A shall not apply to fences to be constructed on a farm when used
for agricultural V=oses as defined by this title.
Section 9. Section 11-21-5.B of the Zoning Ordinance (Fences) is
hereby amended to read as follows:
B. LePro-arty-Line _Fences -:--Fences constructed at Formatted: Double strikethrough
the limits of a property shall comply with the following provisions:
1. Fences, including footings, shall be located entirely upon
the private property for which the administrative approval
or building permit has been issued.
2. The owner of the property on which a fence exists or is
proposed to be constructed is responsible for verifying their
property lines by:
a. Locating their property irons; or
b. If the property lines cannot be located:
(1) The zoning administrator or the building
official may require the owner of property
upon which a fence now exists, or may
require any property owner proposing to
construct a fence to establish the boundary
lines of the property by a survey thereof to
be made by a registered land surveyor; or
(2) The owner of property upon which a fence
now exists, or the property owner on which
the fence is to be constructed and the
owner(s) of the adjoining properties enter
into an agreement regarding the location of
the fence to be recorded with the titles of the
respective properties, subject to approval of
an administrative permit.
3. No fences shall be placed on or extend into public rights of
way or onto public property.
4. Fences in easements shall not impede the flow of water. If
the city needs to utilize the easement, the fence will be
removed and relocated at the expense of the property
owner.
Section 10. Section 11-21-5.G.4 of the Zoning Ordinance (Fences -
Swimming Pools) is hereby amended to read as follows:
4. In all residential districts, swimming pools and any attached or
functionally related deck that is more than thirty inches (30")
above grade shall:
a. Be set back at least ten feet X10') from all roe Formatted: Double underline
line` except for fences and -Pump _ _____ Formatted: Double underline
enclosures. Formatted: Double strikethrough
b. Be #oet back
at_least%enfive ten feet (�� away -- Formatted, Double strikethrough
from any euilding on the Formatted: Double underline
same lot and shall fiet be leea4ed within Formatted: Double underline
-exce-t that a deck, Formatted: Double underline
pergola, or other structure without a foundation that is Formatted: Double underline
attached to the principal building may encroach into this
setback areadeeks er ether stme+..ms agaghed to the
I t,,aa:.. may .,..
atea. evff «i e
:� �a,.,,a... :ae
bet..+ +t. a ..,t -.e R f
C. Swifyffning peals simll fiNot be permitted in a front yard or
in the area between the street right of way and the
minimum required building side yard setback line; and
shall not be located within a drainage or utility easement or
required buffer yard.
Section 11. Section 11-23-15.R.3.a of the Zoning Ordinance (Signs —
Multiple Occupancy Buildings) is hereby amended to read as follows:
a. Within the O -R, C-1, C-2, C-3, C -CBD, and O -P districts:
(1) The number of individual wall, canopy, or marquee signs
shall be limited to one fagade 1) elevation per tenant space
except additional sign(s) may be displayed on a second
faeadeelevation for the tenant of a corner suite or a suite
that extends through the building thus having two (2)
exterior walls.
(2) The tenant's business shall have an exclusive exterior
entrance.
(3) The sign(s) shall be located only on the exterior wall of the
tenant space to which the sign permit is issued, but is(are)
not required to face a public street.
(4) Each sign and the total area of all signs on a single
faeadeelevation for an individual tenant shall be limited to
the maximum wall sign size permitted in the applicable
zoning district provisions in section 11-23-19 of this
chapter.
Section 12. Section 11-23-15.R.3.b of the Zoning Ordinance (Signs
Multiple Occupancy Buildings) is hereby amended to read as follows:
b. Within the I-1,1-2 and I -CBD districts:
(1) The number of individual wall, canopy, or marquee signs
shall be limited to one €agade 11 elevation per tenant space
except that additional sign(s) may be displayed on a second
facade for the tenant of a corner suite or a suite that extends
through the building thus having two (2) exterior walls.
(2) The sign(s) shall be located only on the exterior wall of the
tenant space to which the sign permit is issued, but is(are)
not required to face a public street.
(3) Each sign or the total area of all signs on a single
€asadeelevation for an individual tenant shall be limited to
the maximum wall sign size permitted in the applicable
zoning district provisions in section 11-23-19 of this
chapter.
Section 13. Section 11-23-19.B.1.b(1) of the Zoning Ordinance (Signs —
Residential Districts) is hereby amended to read as follows:
(1) For single occupancy buildings, not more than one sign
larger than one hundred (100) square feet shall be allowed
on one 11 elevation fronting a public street, except
in the case of a corner lot or through lot where one (1
8
additional one hundred (100) square foot wall sign may be
installed on a second €ae.1evation fronting a public
street.
Section 14. Section 11-23-19.C.1.b of the Zoning Ordinance (Signs — O-
R District) is hereby amended to read as follows:
b. Wall, Canopy, Or Marquee Sign: For single occupancy buildings,
not more than one wall, canopy, or marquee sign shall be permitted
on one €aeade 11 elevation fronting a public street, except in the
case of a corner lot or through lot where wall signs may be
installed on two (2) €aeadeselevations fronting a public street. The
area of individual signs shall not exceed fifty (50) square feet.
Section 15. Section 11-23-19.D.1.b of the Zoning Ordinance (Signs — C-
1 District) is hereby amended to read as follows:
b. Wall, Canopy, Or Marquee Sign: For single occupancy buildings,
not more than one wall, canopy, or marquee sign shall be permitted
on one €aeade(11 elevation fronting a public street, except in the
case of a corner lot or through lot where wall signs may be
installed on two (2) €aeadeselevations fronting a public street. The
area of individual signs shall not exceed sixty four (64) square feet.
Section 16. Section 11-23-19.E.1.b(1) of the Zoning Ordinance (Signs —
C-2, C-3, C -CBD Districts) is hereby amended to read as follows:
(1) For single occupancy buildings, not more than one LI wall,
canopy, or marquee sign shall be permitted on one
€agad 11 elevation fronting a public street, except in the
case of a corner lot or through lot where wall signs may be
installed on two (2) €aeadeselevations fronting a public
street or as may be allowed by subsections Elb(3) and
Elb(4) of this section.
Section 17. Section 11-23-19.E.1.b(1)(3)(B)(i) of the Zoning Ordinance
(Signs — C-2, C-3, and C -CBD Districts) is hereby amended to read as follows:
(i) Additional secondary wall signs shall be
allowed on one fie 11 elevation either
fronting a public street or that is the front
entry of the principal building.
Section 18. Section 11-23-19.F.1.b of the Zoning Ordinance (Signs —O-
P, I -CBD, 1-1, and 1-2 Districts) is hereby amended to read as follows:
b. Wall, Canopy, Or Marquee Sign: For single occupancy
buildings, not more than one )-wall, canopy, or marquee
sign shall be permitted on one €fie 11 elevation fronting
a public street, except in the case of a corner lot or through
lot where wall signs may be installed on two (2) €aeades
elevations fronting a public street. The area of individual
signs shall not exceed one hundred (100) square feet.
Section 19. Section 11-23-19.G.1.b(1) of the Zoning Ordinance (Signs—
Freeway Corridor District) is hereby amended to read as follows:
(1) For single occupancy buildings, not more than one
lawall, canopy, or marquee sign shall be permitted
on one )-fieadeelevation fronting a public street,
except in the case of a corner lot or through lot
where wall signs may be installed on two (2)
faeades elevations at least one 1 of which
must face a public street and the other may face a
public street or be located so as to be visible from I-
5 eras well as secondary slaps as may be allowed
by subsection Glb(3) of this section.
Section 20. Section 11-23-19.G.1.b(3)(B)(i) of the Zoning Ordinance
(Signs — Freeway Corridor District) is hereby amended to read as follows:
(i) Additional secondary wall signs shall
be allowed on one W
€aeadeelevation either fronting a
public street--er—that is the front
entry of the principal building
that is visible from I-35.
Section 21. Section 11-23-19.H.2.a of the Zoning Ordinance (Signs — P-
OS District) is hereby amended to read as follows:
a. For single occupancy buildings, not more than one -sign
shall be allowed on one €ai�ade(1) elevation fronting a
public street, except in the case of a corner lot or through
lot where one additional one hundred (100) square foot
10
wall sign may be installed on a second levatign
fronting a public street.
Section 22. Section 11-35-3.D of the Zoning Ordinance (Animals) is
hereby repealed and subsequent provisions renumbered accordingly.
ss!retse�.yrs,esee!�ree!!L,r■,vererr■�errs,.
Section 23. Section 11-57-15.B.3.a of the Zoning Ordinance (RST -2
District — Setbacks) is hereby amended to read as follows:
a. Setback between buildings within the same base lot
preliminary platted after April 5, 2004, shall maintain a
minimum separation of *wen'y feet (2Q f urteen feet (14'l.
Section 24. Section 11-57-19.C.4 of the Zoning Ordinance (RST -2
District — Exterior Building Finish) is hereby amended to read as follows:
4. Exterior Building Finish, Detached Townhome Dwelling And
Two -Family Dwelling Units: The exterior of detached townhome
and two-family dwelling units shall include a variation in building
materials which are to be distributed throughout the building
faeadeselevations and coordinated into the architectural design of
the structure to create an architecturally balanced appearance. In
addition, detached townhome and two-family dwelling structures
shall comply with the following requirements:
a. A minimum of twenty five percent (25%) of the area of
each building faeadeelevation of a structure shall have an
exterior finish of brick, stucco and/or natural or artificial
stone.
b. Except for brick, stucco, and/or natural or artificial stone,
no single budding faeadeelevation shall have more than
seventy five percent (75%) of one type of exterior finish.
C. Except for brick, stucco, and/or natural or artificial stone,
no townhome dwelling structure shall have more than sixty
percent (60%) of all biiildiag c eadeelevations of one type
of exterior finish.
11
d. For the purpose of this section:
(1) The area of the building faeadeelevation shall not
include area devoted to windows, entrance doors,
garage doors, or roof areas.
(2) Variations in texture or style (i.e., lap siding versus
shake shingle siding) shall be considered as
different materials meeting the requirements of this
section.
(3) Integral colored split face (rock face) concrete block
or cement fiberboard shall qualify for meeting the
brick, stucco and/or natural or artificial stone
exterior material requirements for any
€aeade-levation of a building that is not its front
defined by the primary exterior entrance. If these
materials are used to meet the brick, stucco and/or
natural or artificial stone exterior material
requirement for the other faeadeselevations, the
material shall extend the full width of the
foundation adjacent at ground level and shall be
used for at least sixty percent (60%) of the area of
that €aeadeelevation.
Section 25. Section 11-58-17.B.3.a of the Zoning Ordinance (RM -1
District — Setbacks) is hereby amended to read as follows:
a. Minimum setback between buildings within the same base
lot preliminary platted after April 5, 2004, shall makiWA
(1) Detached Townhome: Fourteen feet (14'1
(2) Townhome: Twenty feet (20')
Section 26. Section 11-58-21.C.4 of the Zoning Ordinance (RM -1
District — Exterior Building Finish) is hereby amended to read as follows:
4. Exterior Building Finish, Detached Townhome Dwelling And
Two -Family Dwelling Units: The exterior of detached townhome
and two-family dwelling units shall include a variation in building
materials which are to be distributed throughout the building
f teadeselevations and coordinated into the architectural design of
IRA
the structure to create an architecturally balanced appearance. In
addition, detached townhome and two-family dwelling structures
shall comply with the following requirements:
a. A minimum of twenty five percent (25%) of the area of
each building Taeadeelevation of a structure shall have an
exterior finish of brick, stucco and/or natural or artificial
stone.
b. Except for brick, stucco, and/or natural or artificial stone,
no single building levation shall have more than
seventy five percent (75%) of one type of exterior finish.
C. Except for brick, stucco, and/or natural or artificial stone,
no townhome dwelling structure shall have more than sixty
percent (60%) of all building faeadeelevatioof one type
of exterior fmish.
d. For the purpose of this section:
(1) The area of the building fac-adeelevation shall not
include area devoted to windows, entrance doors,
garage doors, or roof areas.
(2) Variations in texture or style (i.e., lap siding versus
shake shingle siding) shall be considered as
different materials meeting the requirements of this
section.
(3) Integral colored split face (rock face) concrete block
or cement fiberboard shall qualify for meeting the
brick, stucco and/or natural or artificial stone
exterior material requirements for any
faeadeelevation of a building that is not its front
defined by the primary exterior entrance. If these
materials are used to meet the brick, stucco and/or
natural or artificial stone exterior material
requirement for the other €aeadeselevations, the
material shall extend the full width of the
foundation adjacent at ground level and shall be
used for at least sixty percent (60%) of the area of
that €aeadeelevation.
Section 27. Section 11-59-17.B.1a of the Zoning Ordinance (RM -2
District — Setbacks) is hereby amended to read as follows:
13
a. Minimum setback between buildings within the same base
lot preliminary platted after April 5, 2004,
fi eft fAy five F e+MGtI
(1) Detached Townhome: Fourteen feet (14'1
(2) Townhome: Twentv feet (20')
Section 28. Section 11-59-21.C.4 of the Zoning Ordinance (RM -2
District — Exterior Building Finish) is hereby amended to read as follows:
Exterior Building Finish, Detached Townhome Dwelling And
Two -Family Dwelling Units: The exterior of detached townhome
and two-family dwelling units shall include a variation in building
materials which are to be distributed throughout the building
€aeadeselevations and coordinated into the architectural design of
the structure to create an architecturally balanced appearance. In
addition, detached townhome and two-family dwelling structures
shall comply with the following requirements:
a. A minimum of twenty five percent (25%) of the area of
each bttilding faeadeelevation of a structure shall have an
exterior finish of brick, stucco and/or natural or artificial
stone.
b. Except for brick, stucco, and/or natural or artificial stone,
no single building c eadeelevation shall have more than
seventy five percent (75%) of one type of exterior finish.
C. Except for brick, stucco, and/or natural or artificial stone,
no townhome dwelling structure shall have more than sixty
percent (60%) of all buffing fasedeelevations of one type
of exterior finish.
d. For the purpose of this section:
(1) The area of the building faeadeelevation shall not
include area devoted to windows, entrance doors,
garage doors, or roof areas.
(2) Variations in texture or style (i.e., lap siding versus
shake shingle siding) shall be considered as
different materials meeting the requirements of this
section.
14
(3) Integral colored split face (rock face) concrete block
or cement fiberboard shall qualify for meeting the
brick, stucco and/or natural or artificial stone
exterior material requirements for any
€aeadeelevation of a building that is not its front
defined by the primary exterior entrance. If these
materials are used to meet the brick, stucco and/or
natural or artificial stone exterior material
requirement for the other €aeadeselevations, the
material shall extend the full width of the
foundation adjacent at ground level and shall be
used for at least sixty percent (60%) of the area of
that €aeadeeleyation.
Section 29. Section 11-61-15.E.1 of the Zoning Ordinance (RHA District
— Setbacks) is hereby amended to read as follows:
Minimum setback between buildings within the same base lot
preliminary platted after April 5, 2004,
b. Townhome: Twenty feet (20'1
C. Multiple Family: Twenty-five feet (25'1
Section 30. Section 11-61-19.B of the Zoning Ordinance (RH-1 District —
Exterior Building Finish) is hereby amended to read as follows:
B. The exterior of multiple -family dwelling structures shall include a
variation in building materials which are to be distributed throughout the
building €aeedeselevations and coordinated into the architectural design of
the structure to create an architecturally balanced appearance. In addition,
multiple -family dwelling structures shall comply with the following
requirements:
A minimum of fifty percent (50%) of the combined area of all
building facadeselevations of a structure shall have an exterior
finish of brick, stucco and/or natural or artificial stone.
15
2. For the purposes of this section, the area of the building
facadeelevation shall not include area devoted to windows,
entrance doors, garage doors, or roof areas.
Section 31. Section 11-62-15.E.1 of the Zoning Ordinance (RH-2 District
- Setbacks) is hereby amended to read as follows:
1. Minimum setback between buildings within the same base lot
preliminary platted after April 5, 2004, shall maintain a miniffmm
a. Detached Townhome: Fourteen feet (14'1
b. Townhome: Twenty feet (20')
C. Multiple Family: Twenty-five feet (25')
Section 32. Section 11-62-19.B of the Zoning Ordinance (RH-2 District-
Exterior
istrict-Exterior Building Finish) is hereby amended to read as follows:
B. The exterior of multiple -family dwelling structures shall include a
variation in building materials which are to be distributed throughout the
building €aeadeselevations and coordinated into the architectural design of
the structure to create an architecturally balanced appearance. In addition,
multiple -family dwelling structures shall comply with the following
requirements:
A minimum of fifty percent (50%) of the combined area of all
building faeadeselevations of a structure shall have an exterior
finish of brick, stucco and/or natural or artificial stone.
2. For the purposes of this section, the area of the building
f wAeelevation shall not include area devoted to windows,
entrance doors, garage doors, or roof areas.
Section 33. Section 11-70-7 of the Zoning Ordinance (O -R District -
Conditional Uses) is hereby amended to add the following provision and
subsequent provisions renumbered accordingly:
M. Public and private educational institutions limited to accredited
elementary, middle or junior high schools.
16
Section 34. Section 11-72-5 of the Zoning Ordinance (C-2 District —
Permitted Accessory Uses) is hereby amended to add the following provision and
subsequent provisions renumbered accordingly:
B. Community gardens as regulated by Section 11-18-15 of this title.
Section 35. Section 11-72-7.1-1 of the Zoning Ordinance (C-2 District —
Conditional Uses) is hereby amended to read as follows:
H. Convenience restaurants,
provided that:
Hours: The hours of operation shall be limited to five o'clock
(5:00) A.M. to eleven o'clock (11:00) P.M., unless extended by the
city council as part of the conditional use permit.
2. Architectural Standards:
a. As a part of the conditional use permit application, a color
illustration of all building elevations must be submitted.
b. The architectural appearance, scale, construction materials,
and functional plan of the building and site shall not be
dissimilar to the existing nearby commercial and residential
buildings, so as not to constitute a blighting influence.
C. All sides of the principal and accessory structures are to
have essentially the same or a coordinated harmonious
finish treatment pursuant to section 11-17-9 of this title.
d. Exterior wall treatments like brick, stone (natural or
artificial), decorative concrete block and stucco shall be
used.
e. Earth tone colors of exterior materials including the canopy
columns shall be required. "Earth tone colors" shall be
defined as any various soft colors like those found in nature
in soil, vegetation, etc., such colors are limited to brown,
black, grey, tan, beige, soft green, soft blue, or white.
f. Ten percent (10%) of the building facade may contain
contrasting colors. Contrasting colors shall be those colors
not defined as earth tones. The canopy may have
contrasting color bands or accent lines not to exceed an
17
accumulative width of four inches (4"). The color bands
shall not be illuminated.
Landscaping:
a. At least twenty five percent (25%) of the lot, parcel or tract
of land shall remain as a grass plot, including trees,
shrubbery, plantings or fencing and shall be landscaped.
Required minimum green area should be emphasized in the
front and side yards abutting streets or residential property.
b. At the boundaries of the lot, the following landscape area
shall be required:
(1) From side and rear property lines, an area of not
less than five feet (5') wide shall be landscaped in
compliance with section 11-21-9 of this title.
(2) From all public rights of way, an area of not less
than fifteen feet (15') wide shall be landscaped in
compliance with section 11-21-9 of this title.
(3) Where lots abut residentially zoned property, a
buffer yard of not less than twenty feet (20') wide
shall be landscaped and screened in compliance
with section 11-21-9 of this title.
(4) The property owner shall be responsible for
maintenance of all landscaping, including within the
boulevard.
4. Dust Control And Drainage: The entire area other than occupied by
buildings, structures or plantings shall be surfaced with asphalt,
concrete, cobblestone, or paving brick to control dust and drainage,
which is subject to review and approval of the city engineer.
5. Exterior Lighting: The lighting shall be accomplished in such a
way as to have no direct source of light visible from adjacent land
in residential use or from the public right of way and shall be in
compliance with section 11-16-17 of this title. A comprehensive
lighting plan shall be submitted as part of the conditional use
permit application, and shall be subject to the following
performance standards:
18
a. Lighting at the periphery of the site and building shall be
directed downward, and individual lights shall not exceed
fifteen (15) foot-candles at ground level.
b. Maximum site illumination shall not exceed one foot-
candle at ground level when measured at any boundary line
with an adjoining residential property or any public
property.
Except for permitted wall signage the building
faseiadtyafim shall not be illuminated.
6. Access: Vehicular access points shall create a minimum of conflict
with through traffic movement and shall comply with chapter 19 of
this title and shall be subject to the approval of the city engineer.
Drive -Through Windows: Service windows shall be allowed if the
following additional criteria are satisfied:
a. Stacking: Not less than one hundred eighty feet (180') of
segregated automobile stacking lane must be provided for
the service window.
Traffic Control: The stacking lane and its access must be
designed to control traffic in a manner to protect the
pedestrians, buildings and green area on the site.
C. Use Of Street: No part of the public street or boulevard
may be used for stacking of automobiles.
8. Circulation And Loading: The site design must accommodate
adequate turning radius and vertical clearance for a semitrailer
truck. Designated loading areas must be exclusive of off street
parking stalls and drive aisles and shall not cause conflicts with
customer vehicles and pedestrian movement. A site plan must be
provided to illustrate adequate turning radius, using appropriate
engineering templates.
Pedestrian Traffic:
a. An internal site pedestrian circulation system shall be
defined and appropriate provisions made to protect such
areas from encroachments by parked cars or moving
vehicles. In front of the principal structure, the pedestrian
sidewalk must be a minimum of five feet (5') wide and
clear of any obstacle or impediment.
s�
b. A continuous and permanent concrete curb not less than six
inches (6") above grade shall separate internal sidewalks
for pedestrian traffic from motor vehicle areas, pursuant to
the provisions of subsection 11-19-7I of this title.
10. Noise: The stacking lane, order board intercom, and service
window shall be designed and located in such a manner as to
minimize automobile and communication noises, emissions, and
headlight glare upon adjacent premises, particularly residential
premises, and to maximize maneuverability of vehicles on the site.
Noise control shall be required as regulated in section 11-16-25 of
this title.
11. Signs: All signs and informational or visual communication
devices shall be minimized and shall be in compliance with chapter
23 of this title and the following provisions:
a. Comprehensive Sign Plan: A comprehensive sign plan
must be submitted as part of a conditional use permit
application.
b. Freestanding Sign: A freestanding sign allowed by chapter
23 of this title shall be a monument sign constructed as
follows:
(1) The sign shall be self -supported vertically by a solid
base extending horizontally for a minimum of the
entire width of the sign face. Total height of the
monument sign including the base shall not exceed
fifteen feet (15').
(2) The sign base and supporting material shall be equal
to at least forty percent (40%) of the total allowable
sign square footage, and shall not be counted
toward the sign area. The base shall be attached to
the ground for its entire horizontal width of the sign.
The base shall be stone, brick, or decorative
masonry and shall not contain any sign copy.
Menu Signs: In addition to the freestanding sign allowed by
chapter 23 of this title, convenience food uses may display
menu signs related to drive-through facilities, provided
that:
20
(1) Not more than two (2) menu signs per drive-through
lane are allowed.
(2) The menu sign(s) shall be single sided with an area
not to exceed fifty (50) square feet.
(3) The height of the menu sign(s) shall not exceed
eight feet (8') including its base or pole measured
from grade to the top of the structure.
(4) The menu sign(s) shall not encroach into any
principal building setback and shall be located
directly adjacent to the drive-through aisle and
oriented in such a manner so that the sign provides
information to the drive-through patrons only and
does not provide supplemental advertising to pass -
by traffic and does not impair site visibility or
obstruct circulation.
12. Additional Stipulations: All conditions pertaining to a specific site
are subject to change when the council, upon investigation in
relation to a formal request finds that the general welfare and
public betterment can be served as well or better by modifying or
expanding the conditions set forth herein.
Section 36. Section 11-72-7.L.7.b(2) of the Zoning Ordinance (C-2
District — Auto Sales) is hereby amended to read as follows:
(2) Number and area of individual wall signs shall be in
accordance with the following:
(A) One wall sign not to exceed sixty four (64)
square feet on one €aoade 11 elevation
fronting a public street, or in the case of a
corner lot or through lot, onel�additional
wall sign not to exceed sixty four (64)
square feet may be installed on a—€aeadean
elevation either fronting a public street or
that which is the front entry of the principal
building.
(B) One 1) additional wall sign not to exceed
sixty four (64) square feet shall be allowed
for each manufacturer brand for which the
motor sales use is franchised to conduct new
21
unit sales within the principal use with such
sign to be installed on one €agadeU
elevation either fronting a public street or
that which is the front entry of the principal
building.
(C) Additional secondary wall signs shall be
allowed on any fasadeelevation provided
that the total area of all secondary wall signs
shall not exceed one hundred twenty (120)
square feet and the area of any one LU
secondary wall sign shall not exceed sixteen
(16) square feet to be located directly above
or to the side of an exterior entrance
Section 37. Section 11-73-5 of the Zoning Ordinance (C-3 District —
Permitted Accessory Uses) is hereby amended to add the following provision and
subsequent provisions renumbered accordingly:
B. Community gardens as regulated by Section 11-18-15 of this title.
Section 38. Section 11-73-7.1-1 of the Zoning Ordinance (C-3 District —
Conditional Uses) is hereby amended to read as follows:
H T...:-", in and eenvenienee food tabI shff*-°t-9Convenience restaurants,
provided that:
Hours: The hours of operation shall be limited to five o'clock
(5:00) A.M. to eleven o'clock (11:00) P.M., unless extended by the
city council as pan of the conditional use permit.
2. Architectural Standards:
a. As a part of the conditional use permit application, a color
illustration of all building elevations must be submitted.
b. The architectural appearance, scale, construction materials,
and functional plan of the building and site shall not be
dissimilar to the existing nearby commercial and residential
buildings, so as not to constitute a blighting influence.
C. All sides of the principal and accessory structures are to
have essentially the same or a coordinated harmonious
finish treatment pursuant to section 11-17-9 of this title.
22
d. Exterior wall treatments like brick, stone (natural or
artificial), decorative concrete block and stucco shall be
used.
e. Earth tone colors of exterior materials including the canopy
columns shall be required. "Earth tone colors" shall be
defined as any various soft colors like those found in nature
in soil, vegetation, etc., such colors are limited to brown,
black, grey, tan, beige, soft green, soft blue, or white.
f. Ten percent (10%) of the building facade may contain
contrasting colors. Contrasting colors shall be those colors
not defined as earth tones. The canopy may have
contrasting color bands or accent lines not to exceed an
accumulative width of four inches (4"). The color bands
shall not be illuminated.
3. Landscaping:
a. At least twenty five percent (25%) of the lot, parcel or tract
of land shall remain as a grass plot, including trees,
shrubbery, plantings or fencing and shall be landscaped.
Required minimum green area should be emphasized in the
front and side yards abutting streets or residential property.
b. At the boundaries of the lot, the following landscape area
shall be required:
(1) From side and rear property lines, an area of not
less than five feet (5') wide shall be landscaped in
compliance with section 11-21-9 of this title.
(2) From all public rights of way, an area of not less
than fifteen feet (15) wide shall be landscaped in
compliance with section 11-21-9 of this title.
(3) Where lots abut residentially zoned property, a
buffer yard of not less than twenty feet (20) wide
shall be landscaped and screened in compliance
with section 11-21-9 of this title.
(4) The property owner shall be responsible for
maintenance of all landscaping, including within the
boulevard.
23
4. Dust Control And Drainage: The entire area other than occupied by
buildings, structures or plantings shall be surfaced with asphalt,
concrete, cobblestone, or paving brick to control dust and drainage,
which is subject to review and approval of the city engineer.
5. Exterior Lighting: The lighting shall be accomplished in such a
way as to have no direct source of light visible from adjacent land
in residential use or from the public right of way and shall be in
compliance with section 11-16-17 of this title. A comprehensive
lighting plan shall be submitted as part of the conditional use
permit application, and shall be subject to the following
performance standards:
a. Lighting at the periphery of the site and building shall be
directed downward, and individual lights shall not exceed
fifteen (15) foot-candles at ground level.
b. Maximum site illumination shall not exceed one foot-
candle at ground level when measured at any boundary line
with an adjoining residential property or any public
property.
C. Except for permitted wall signage the building fascia shall
not be illuminated.
6. Access: Vehicular access points shall create a minimum of conflict
with through traffic movement and shall comply with chapter 19 of
this title and shall be subject to the approval of the city engineer.
Drive -Through Windows: Service windows shall be allowed if the
following additional criteria are satisfied:
a. Stacking: Not less than one hundred eighty feet (180') of
segregated automobile stacking lane must be provided for
the service window.
b. Traffic Control: The stacking lane and its access must be
designed to control traffic in a manner to protect the
pedestrians, buildings and green area on the site.
C. Use Of Street: No part of the public street or boulevard
may be used for stacking of automobiles.
8. Circulation And Loading: The site design must accommodate
adequate turning radius and vertical clearance for a semitrailer
truck. Designated loading areas must be exclusive of off street
24
parking stalls and drive aisles and shall not cause conflicts with
customer vehicles and pedestrian movement. A site plan must be
provided to illustrate adequate turning radius, using appropriate
engineering templates.
9. Pedestrian Traffic:
a. An internal site pedestrian circulation system shall be
defined and appropriate provisions made to protect such
areas from encroachments by parked cars or moving
vehicles. In front of the principal structure, the pedestrian
sidewalk must be a minimum of five feet (5') wide and
clear of any obstacle or impediment.
b. A continuous and permanent concrete curb not less than six
inches (6") above grade shall separate internal sidewalks
for pedestrian traffic from motor vehicle areas, pursuant to
the provisions of subsection 11-19-7I of this title.
10. Noise: The stacking lane, order board intercom, and service
window shall be designed and located in such a manner as to
minimize automobile and communication noises, emissions, and
headlight glare upon adjacent premises, particularly residential
premises, and to maximize maneuverability of vehicles on the site.
Noise control shall be required as regulated in section 11-16-25 of
this title.
11. Signs: All signs and informational or visual communication
devices shall be minimized and shall be in compliance with chaptcr
23 of this title and the following provisions:
a. Comprehensive Sign Plan: A comprehensive sign plan
must be submitted as part of a conditional use permit
application.
b. Freestanding Sign: A freestanding sign allowed by chapter
23 of this title shall be a monument sign constructed as
follows:
(1) The sign shall be self -supported vertically by a solid
base extending horizontally for a minimum of the
entire width of the sign face. Total height of the
monument sign including the base shall not exceed
fifteen feet (151).
25
(2) The sign base and supporting material shall be equal
to at least forty percent (40%) of the total allowable
sign square footage, and shall not be counted
toward the sign area. The base shall be attached to
the ground for its entire horizontal width of the sign.
The base shall be stone, brick, or decorative
masonry and shall not contain any sign copy.
Menu Signs: In addition to the freestanding sign allowed by
chapter 23 of this title, convenience food uses may display
menu signs related to drive-through facilities, provided
that:
(1) Not more than two (2) menu signs per drive-through
lane are allowed.
(2) The menu sign(s) shall be single sided with an area
not to exceed fifty (50) square feet.
(3) The height of the menu sign(s) shall not exceed
eight feet (8) including its base or pole measured
from grade to the top of the structure.
(4) The menu sign(s) shall not encroach into any
principal building setback and shall be located
directly adjacent to the drive-through aisle and
oriented in such a manner so that the sign provides
information to the drive-through patrons only and
does not provide supplemental advertising to pass -
by traffic and does not impair site visibility or
obstruct circulation.
12. Additional Stipulations: All conditions pertaining to a specific site
are subject to change when the council, upon investigation in
relation to a formal request finds that the general welfare and
public betterment can be served as well or better by modifying or
expanding the conditions set forth herein.
Section 39. Section 11-74-5 of the Zoning Ordinance (C -CBD District —
Permitted Accessory Uses) is hereby amended to add the following provision and
subsequent provisions renumbered accordingly:
B. Community gardens as regulated by Section 11-18-15 of this title.
26
Section 40. Section 11-74-7.1-11 of the Zoning Ordinance (C -CBD District
— Conditional Uses) is hereby amended to read as follows:
H Dr-ive in ande e food esta lisp ,,erAsConvenience restaurants,
provided that:
Hours: The hours of operation shall be limited to five o'clock
(5:00) A.M. to eleven o'clock (11:00) P.M., unless extended by the
city council as part of the conditional use permit.
Architectural Standards:
a. As a part of the conditional use permit application, a color
illustration of all building elevations must be submitted.
b. The architectural appearance, scale, construction materials,
and functional plan of the building and site shall not be
dissimilar to the existing nearby commercial and residential
buildings, so as not to constitute a blighting influence.
C. All sides of the principal and accessory structures are to
have essentially the same or a coordinated harmonious
finish treatment pursuant to section 11-17-9 of this title.
d. Exterior wall treatments like brick, stone (natural or
artificial), decorative concrete block and stucco shall be
used.
e. Earth tone colors of exterior materials including the canopy
columns shall be required. "Earth tone colors" shall be
defined as any various soft colors like those found in nature
in soil, vegetation, etc., such colors are limited to brown,
black, grey, tan, beige, soft green, soft blue, or white.
f. Ten percent (10%) of the building facade may contain
contrasting colors. Contrasting colors shall be those colors
not defined as earth tones. The canopy may have
contrasting color bands or accent lines not to exceed an
accumulative width of four inches (4"). The color bands
shall not be illuminated.
Landscaping:
a. At least twenty five percent (25%) of the lot, parcel or tract
of land shall remain as a grass plot, including trees,
shrubbery, plantings or fencing and shall be landscaped.
27
Required minimum green area should be emphasized in the
front and side yards abutting streets or residential property.
b. At the boundaries of the lot, the following landscape area
shall be required:
(1) From side and rear property lines, an area of not
less than five feet (5') wide shall be landscaped in
compliance with section 11-21-9 of this title.
(2) From all public rights of way, an area of not less
than fifteen feet (15') wide shall be landscaped in
compliance with section 11-21-9 of this title.
(3) Where lots abut residentially zoned property, a
buffer yard of not less than twenty feet (20') wide
shall be landscaped and screened in compliance
with section 11-21-9 of this title.
(4) The property owner shall be responsible for
maintenance of all landscaping, including within the
boulevard.
4. Dust Control And Drainage: The entire area other than occupied by
buildings, structures or plantings shall be surfaced with asphalt,
concrete, cobblestone, or paving brick to control dust and drainage,
which is subject to review and approval of the city engineer.
5. Exterior Lighting: The lighting shall be accomplished in such a
way as to have no direct source of light visible from adjacent land
in residential use or from the public right of way and shall be in
compliance with section 11-16-17 of this title. A comprehensive
lighting plan shall be submitted as part of the conditional use
permit application, and shall be subject to the following
performance standards:
a. Lighting at the periphery of the site and building shall be
directed downward, and individual lights shall not exceed
fifteen (15) foot-candles at ground level.
b. Maximum site illumination shall not exceed one foot-
candle at ground level when measured at any boundary line
with an adjoining residential property or any public
property.
28
C. Except for permitted wall signage the building fascia shall
not be illuminated.
Access: Vehicular access points shall create a minimum of conflict
with through traffic movement and shall comply with chapter 19 of
this title and shall be subject to the approval of the city engineer.
Drive -Through Windows: Service windows shall be allowed if the
following additional criteria are satisfied:
a. Stacking: Not less than one hundred eighty feet (180') of
segregated automobile stacking lane must be provided for
the service window.
b. Traffic Control: The stacking lane and its access must be
designed to control traffic in a manner to protect the
pedestrians, buildings and green area on the site.
C. Use Of Street: No part of the public street or boulevard
may be used for stacking of automobiles.
8. Circulation And Loading: The site design must accommodate
adequate turning radius and vertical clearance for a semitrailer
truck. Designated loading areas must be exclusive of off street
parking stalls and drive aisles and shall not cause conflicts with
customer vehicles and pedestrian movement. A site plan must be
provided to illustrate adequate turning radius, using appropriate
engineering templates.
9. Pedestrian Traffic:
a. An internal site pedestrian circulation system shall be
defined and appropriate provisions made to protect such
areas from encroachments by parked cars or moving
vehicles. In front of the principal structure, the pedestrian
sidewalk must be a minimum of five feet (5') wide and
clear of any obstacle or impediment.
b. A continuous and permanent concrete curb not less than six
inches (6") above grade shall separate internal sidewalks
for pedestrian traffic from motor vehicle areas, pursuant to
the provisions of subsection 11-19-7I of this title.
10. Noise: The stacking lane, order board intercom, and service
window shall be designed and located in such a manner as to
minimize automobile and communication noises, emissions, and
29
headlight glare upon adjacent premises, particularly residential
premises, and to maximize maneuverability of vehicles on the site.
Noise control shall be required as regulated in section 11-16-25 of
this title.
11. Signs: All signs and informational or visual communication
devices shall be minimized and shall be in compliance with chapter
23 of this title and the following provisions:
a. Comprehensive Sign Plan: A comprehensive sign plan
must be submitted as part of a conditional use permit
application.
b. Freestanding Sign: A freestanding sign allowed by chapter
23 of this title shall be a monument sign constructed as
follows:
(1) The sign shall be self -supported vertically by a solid
base extending horizontally for a minimum of the
entire width of the sign face. Total height of the
monument sign including the base shall not exceed
fifteen feet (15').
(2) The sign base and supporting material shall be equal
to at least forty percent (40%) of the total allowable
sign square footage, and shall not be counted
toward the sign area. The base shall be attached to
the ground for its entire horizontal width of the sign.
The base shall be stone, brick, or decorative
masonry and shall not contain any sign copy.
C. Menu Signs: In addition to the freestanding sign allowed by
chapter 23 of this title, convenience food uses may display
menu signs related to drive-through facilities, provided
that:
(1) Not more than two (2) menu signs per drive-through
lane are allowed.
(2) The menu sign(s) shall be single sided with an area
not to exceed fifty (50) square feet.
(3) The height of the menu sign(s) shall not exceed
eight feet (8') including its base or pole measured
from grade to the top of the structure.
30
(4) The menu sign(s) shall not encroach into any
principal building setback and shall be located
directly adjacent to the drive-through aisle and
oriented in such a manner so that the sign provides
information to the drive-through patrons only and
does not provide supplemental advertising to pass -
by traffic and does not impair site visibility or
obstruct circulation.
12. Additional Stipulations: All conditions pertaining to a specific site
are subject to change when the council, upon investigation in
relation to a formal request finds that the general welfare and
public betterment can be served as well or better by modifying or
expanding the conditions set forth herein.
Section 41. Section 11-75-5 of the Zoning Ordinance (O -P District -
Permitted Accessory Uses) is hereby amended to add the following provision and
subsequent provisions renumbered accordingly:
B. Community gardens as regulated by Section 11-18-15 of this title.
Section 42. Section 11-75-13.E of the Zoning Ordinance (O -P District -
Design and Performance Standards) is hereby amended to read as follows:
1. The parking area shall be set back a minimum of twenty feet (20'1
from any public right -of --way and ten feet (10') from any interior
side or rear property line except as required by subsection 11-21-
9A1 of this title.
Section 43. Section 11-85-5 of the Zoning Ordinance (I -CBD District -
Permitted Accessory Uses) is hereby amended to add the following provision and
subsequent provisions renumbered accordingly:
C'ozr>mi, aaiIy rdens as regzAl t ri b Section 11-18®1.5 of this title.
Section 44. Section 11-86-5 of the Zoning Ordinance (1-1 District -
Permitted Accessory Uses) is hereby amended to add the following provision and
subsequent provisions renumbered accordingly:
B. Community gardens as regulated by Section 11-18-15 of this title.
31
Section 45. Section 11-87-5 of the Zoning Ordinance (1-2 District
Permitted Accessory Uses) is hereby amended to add the following provision:
L. Community gardens w regulated by Section 11-18-15 of this title.
Section 46. Section 11-97-5 of the Zoning Ordinance (P -OS District —
Permitted Accessory Uses) is hereby amended to add the following provision:
B. Community gardens as regulated by Section 11-18-15 of this title.
Section 47. This ordinance shall be effective immediately upon its
passage and publication.
ADOPTED this day of 2016, by the City Council of the
City of Lakeville, Minnesota.
CITY OF LAKEVILLE
BY:
Matt Little, Mayor
ATTEST:
Charlene Friedges, City Clerk
32