HomeMy WebLinkAbout0958ORDINANCE NO. 958
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 seven (7) 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 judged to be acceptable by the city
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.
Section 3. Section 11-17-9.D 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 each exterior elevation 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 elevations of the principal and any accessory structures
are to have essentially the same or coordinated harmonious
exterior finish.
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-I
and 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
permanently affixed recreational equipment that may be enclosed
by fence, or that may include exterior lighting shall be subject to
the following provisions:
1. 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:
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a. Side lot line abutting a public right of way: Thirty
feet (30').
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 11-18-9.13.1 of the Zoning Ordinance (Accessory
Uses — Single Family Uses) is hereby amended to read as follows:
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1. 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:
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Percentage Of Minimum Lot Area
Maximum Combined
Zoning
That May Be Occupied By The
Allowable Floor Area Per
District
Use
Accessory Building
Unit (Square Feet)
A -P
All uses
Not applicable
[Not applicable
RA [Single-family
�_ 2 percent
F8,712
RS -1 Single-family
10 percent
[2,000
r
RS -2 Single-family
10 percent
1,500
r
RS -3
Single-family
10 percent1,100
(interior lot)
1,250 (corner lot)
r
RS -4
Single-family
—
10 percent1,100
(interior lot)
1,250 (comer lot)
RS -CBD
Single-family
10 percent
840 (interior lot)
1,008 (corner lot)
RST-1Single-family
10 percent
1,500
Two-family
I 10 percent
F750
RST -2 Single-family 10 percent
1,100 (interior lot)
1,250 (comer lot)
i
Detached 10 percent
750
townhomes
Two-family
10 percent
[750
RM -1 and Single-family
10 percent 1,100 (interior lot)
RM -2
1,250 (corner lot)
i
Two-family 10 percent
750
Townhouse
10 percent
750
RH-1 and
Single-family
10 percent1,100
(interior lot)
RH-2
1,250 (comer lot)
Two-family
--- --
F 10 percent
750
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Townhouse I 10 percent 1750
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
yard.
B. The community garden shall comply with the setback requirements for
accessory buildings and shall not encroach into any drainage 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 title.
E. One (1) detached accessory building not to exceed two hundred (200)
square 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: A building permit is required for construction
of any fence seven feet (T) in height or greater. Approval by the
zoning administrator in accordance with Section 11-8-5 of this title
is required for construction of any 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 tile, or for a 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 purposes as defined by this title.
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Section 9. Section 11-21-5.13 of the Zoning Ordinance (Fences) is
hereby amended to read as follows:
B. Property Line Fences: Fences constructed at 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:
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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 setback at least ten feet (10) from all property lines,
except for fences and pump enclosures.
b. Be setback at least ten feet (10) from the principal building
on the lot, except that a deck, pergola, or other structure
without a foundation that is attached to the principal
building may encroach into this setback area.
C. Not 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 11-21-9.E.1.b of the Zoning Ordinance (Required
Landscaping — Residential Bufferyards) is hereby amended to read as follows:
b. For corner lots where the side yard abuts the major collector or
arterial street, the following standards shall apply:
FRS -1 [RS -2 [RS -3 [RS -4 RST -1 nRSTE-2
Lot width 130' F130' 1110, 95' 110'
Section 12. 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 (1) elevation per tenant space except
additional sign(s) may be displayed on a second elevation
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.
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(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
elevation 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 11-23-15.R.3.b of the Zoning Ordinance (Signs —
Multiple Occupancy Buildings) is hereby amended to read as follows:
b. Within the I-1, I-2 and I -CBD districts:
(1) The number of individual wall, canopy, or marquee signs
shall be limited to one (1) elevation per tenant space except
that additional sign(s) may be displayed on a second
elevation 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 elevation
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 14. 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 (1) elevation fronting a public street, except in the
case of a corner lot or through lot where one (1) additional
one hundred (100) square foot wall sign may be installed
on a second elevation fronting a public street.
Section 15. 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 (1) 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) elevations fronting a public street. The area of individual signs
shall not exceed fifty (50) square feet.
Section 16. 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 (1) 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) elevations fronting a public street. The area of individual signs
shall not exceed sixty four (64) square feet.
Section 17. 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 (1) wall,
canopy, or marquee sign shall be permitted on one (1)
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) elevations fronting a public street or as may be
allowed by subsections Elb(3) and Elb(4) of this section.
Section 18. 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 (1) elevation either fronting
a public street or that is the front entry of the
principal building.
Section 19. 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 (1) wall, canopy, or marquee
sign shall be permitted on one (1) elevation fronting a
public street, except in the case of a corner lot or through
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lot where wall signs may be installed on two (2) elevations
fronting a public street. The area of individual signs shall
not exceed one hundred (100) square feet.
Section 20. 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
(1) wall, canopy, or marquee sign shall be permitted
on one (1) 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) 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-35, eras well as secondary signs
as may be allowed by subsection Glb(3) of this
section.
Section 21. 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 (1) elevation
either fronting a public street, that is
the front entry of the principal
building, or that is visible from I-35.
Section 22. 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 (1) sign
shall be allowed on one (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 wall
sign may be installed on a second elevation fronting a
public street.
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 fourteen feet (14').
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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
elevations 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 elevation 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 elevation 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 elevations of one type of exterior
finish.
d. For the purpose of this section:
(1) The area of the elevation 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 elevation 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
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elevations, 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 elevation.
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:
(1) Detached Townhome: Fourteen feet (14')
(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
elevations 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 elevation 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 elevation 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 elevations of one type of exterior
finish.
d. For the purpose of this section:
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(1) The area of the elevation 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 elevation 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
elevations, 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 elevation.
Section 27. Section 11-59-17.B.3.a of the Zoning Ordinance (RM -2
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:
(1) Detached Townhome: Fourteen feet (14')
(2) Townhome: Twenty 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:
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
elevations 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:
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a. A minimum of twenty five percent (25%) of the area of
each elevation 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 elevation 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 elevations of one type of exterior
finish.
d. For the purpose of this section:
(1) The area of the elevation 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 elevation 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
elevations, 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 elevation.
Section 29. Section 11-61-15.E.1 of the Zoning Ordinance (RH-1 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:
a. Detached Townhome: Fourteen feet (14')
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b. Townhome: Twenty feet (20')
C. Multiple Family: Twenty-five feet (25')
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 elevations 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:
1. A minimum of fifty percent (50%) of the combined area of all
elevations 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 elevation
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:
a. Detached Townhome: Fourteen feet (14')
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 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 elevations 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:
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1. A minimum of fifty percent (50%) of the combined area of all
elevations 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 elevation
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.
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:
1. 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.
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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.
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.
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(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.
C. Except for permitted wall signage the building elevation
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.
7. 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.
18
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
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
19
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.
(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:
20
(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 (1) elevation fronting a
public street, or in the case of a corner lot or
through lot, one (1) additional wall sign not
to exceed sixty four (64) square feet may be
installed on an 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
unit sales within the principal use with such
sign to be installed on one (1) 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 elevation 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 (1) 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. Convenience restaurants, provided that:
1. 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.
21
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
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.
22
(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.
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.
7. Drive -Through Windows: Service windows shall be allowed if the
following additional criteria are satisfied:
23
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
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:
24
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.
(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.
25
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.
Section 40. Section 11-74-7.H of the Zoning Ordinance (C -CBD 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.
26
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.
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
27
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.
7. 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
28
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 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
29
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 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')
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.
30
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:
B. Community gardens as regulated by Section 11-18-15 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
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 as 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 21St day of March 2016, by the City Council of the City of
Lakeville, Minnesota.
CITY OF LAKEVILLE
BY:
Matt Little, Mayor
i
ATTEST:
Charlene Friedges, Cit lerk
31
SUMMARY ORDINANCE NO. 958
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLES 3 (BUSINESS AND LICENSE REGULATIONS)
AND 11 (ZONING) OF THE LAKEVILLE CITY CODE
This ordinance amends Titles 3 and 11 of the Lakeville City Code. Amendments have
been made to the following chapters of the Lakeville City Code:
Title 3 (Business and License Regulations)
Chapter 22-7.B (Dynamic Display Sign Performance Standards)
Title 11 (Zoning Ordinance)
Chapter 5-1 (Interim Use Permits — Purpose and Intent)
Chapter 17-9.1) (Building Type and Construction)
Chapter 18 (Accessory Buildings, Structures, Uses and Equipment)
Chapter 21-5 (Fences)
Chapter 21-9.E (Residential Buffer Yards)
Chapter 23 (Signs)
Chapter 57-15 and 19 (RST -2 District Setbacks and Exterior Building Finish)
Chapter 58-17 and 21 (RM -1 District Setbacks and Exterior Building Finish)
Chapter 59-17 and 21 (RM -2 District Setbacks and Exterior Building Finish)
Chapter 61-15 and 19 (RH-1 District Setbacks and Exterior Building Finish)
Chapter 62-15 and 19 (RH-2 District Setbacks and Exterior Building Finish)
Chapter 70-7 (O -R District Conditional Uses)
Chapter 72-5 and 7 (C-2 District Permitted Accessory and Conditional Uses)
Chapter 73-5 and 7 (C-3 District Permitted Accessory and Conditional Uses)
Chapter 74-5 and 7 (C -CBD District Permitted Accessory and Conditional Uses)
Chapter 75-5 and 13 (O -P District Permitted Accessory Uses and Parking Setbacks)
Chapter 85-5 (I -CBD District Permitted Accessory Uses)
Chapter 86-5 (I-1 District Permitted Accessory Uses)
Chapter 87-5 (I-2 District Permitted Accessory Uses)
Chapter 97-5 (P -OS District Permitted Accessory Uses)
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
21 st day of March 2016.
A'
Friedges, City
CITY OF LAKEVILLE
BY:
Matt tittle, Mayo