HomeMy WebLinkAboutZoning Ordinance Annual Renewal
MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 8 February 2018
RE: Lakeville – Zoning Ordinance; Annual Review
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.
A work session has been scheduled for 15 February 2018 to discuss the list of topics compiled
by City staff during 2017 and receive direction from the Planning Commission as to possible
amendments.
Exhibits:
Survey of urban chicken regulations
StarTribune November 1, 2014
StarTribune August 11, 2017
ANALYSIS
Household definition. During an update of Title 4, Chapter 2 of the City Code regulating mixed
municipal solid waste and recycling, the City Clerk identified that the definition of a household
in that section is different than the definition of family within the Zoning Ordinance. City staff
proposes to eliminate the inconsistency by revising the definition of household within Title 4,
Chapter 2 of the City Code to be consistent with the language in Section 11-2-3 of the Zoning
Ordinance:
HOUSEHOLD: An individual or two (2) or more persons related by blood, marriage,
guardianship, or adoption, living together as a single housekeeping unit; or a group of
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not more than three (3) persons not so related, maintaining a common housekeeping
unit and using common cooking and kitchen facilities; or a residential program (group
home) for six (6) or fewer persons as defined and licensed by the state of Minnesota
department of human services.An individual or group that maintains a common
household and use of common cooking and kitchen facilities and common entrances
to a single dwelling unit, where the group consists of:
A. Two (2) or more persons each related to the other by blood, marriage, domestic
partnership, adoption, legal guardianship, foster children, and/or cultural or
educational exchange program participants hosted by the principal family; or
B. Not more than four (4) unrelated persons.
Painted Brick/Stone. Section 11-17-9.F.8 of the Zoning Ordinance prohibits painting brick or
stone exterior materials. This provision has caused conflict for single family homeowners
maintaining their properties where the homes were constructed at a time when painted brick
was a common finish. The intent of the provision was meant to apply to commercial, industrial,
and institutional uses both for aesthetic, as well as long-term maintenance reasons. The
Planning Commission may consider revising this provision to clarify that it applies only to
commercial, industrial, or institutional uses. The provision may be further clarified as only
applying to Grade A brick and stone in its natural condition. Other masonry materials have
available advancements in exterior finish treatments that make the long-term durability of an
applied finish less of an issue, as discussed by the Planning Commission previously. The City
amended the Zoning Ordinance last year to remove the requirement for certain integral color
building finishes for commercial, industrial, and institutional uses on this basis. Culver’s is a
recent example of a commercial use that have requested painting or staining of the integral
colored masonry exterior materials as they attempt to refresh their building. The Planning
Commission may consider the following language limiting the painting restriction only to Grade
A exterior materials, which would not apply to residential structures other than multiple family
uses:
8. Painting Brick Or Stone Prohibited: Grade A brick or stone exteriors of
multiple family residential, commercial, industrial, or institutional
buildings shall not be painted during the life of the exterior materials.
Ice Fishing Houses. Section 11-18-7.F of the Zoning Ordinance addresses keeping of ice fishing
houses upon single and two family lots as potential accessory structures. As issue, is a property
is limited by the Zoning Ordinance to one detached accessory building and outdoor storage of
two recreational vehicles or trailers. The interior capacity of an ice fish house presents an
opportunity to use it for storage when not in use for its intended purpose. This same
opportunity exists for RV campers and cargo trailers. City staff proposes the following
language for purposes of administrating this section:
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F. Ice Fishing Houses: Structures used as shelters on ice for fishing as
regulated by Minnesota Rules 97C.355 shall be subject to the following
provisions when stored upon a lot:
1. One (1) ice fishing houses or other such structures not equipped
with wheels or mounted on constructed as a trailer shall be
consideredallowed and regulated as an accessory buildings and
shall be subject to the setback, square footage and other
regulations of this section.
2. An ice fishing houses or other such structures that are equipped
with wheels or mounted on is constructed as a trailer shall be
regulated as recreational vehicles in accordance with
subsection 11-22-5.A.2 of this title.
Section 11-22-5.A.2 of the Zoning Ordinance requires modification to clarify the allowed
location upon a lot where recreational vehicles and equipment (including trailer mounted
ice houses) are allowed to be stored:
2. Not more than two (2) licensed and operable recreational vehicles and
equipment may be parked or stored on property outside a building as
follows:
a. In the front yard, provided they are kept on an established
driveway, entirely on the equipment or vehicle owner's
property. Recreational vehicles may not be parked or stored on
public property or street right of way.
b. In the side yard only when abutting an attached or detached
garage, provided that:
(1) The recreational vehicles and equipment are not closer
than five feet (5') from the side lot line and not within a
required buffer yard.
(2) The area on which the recreational vehicle and
equipment are stored shall be surfaced with asphalt,
concrete or paving brick.
(3) Parking or storage of recreational vehicles and
equipment within the setback required from a public
right of way for the side yard of a corner lot is
prohibitedThe recreational vehicles and equipment
within the side yard of a corner lot abutting a public
right-of-way are not closer than twenty (20’) feet from
the property line.
c. In the rear yard not closer than ten feet (10') from the rear lot
line, five feet (5') from the side lot lines.
d. On a corner lot not closer than twenty feet (20') from the
property line abutting the side street. Recreational vehicles and
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equipment shall not be stored within a shoreland impact zone
or bluff impact zone, except for watercraft.
Sport Courts. City staff is proposing language to clarify the application of performance
standards adopted in 2016 for sport courts regulated by Section 11-18-7.H of the Zoning
Ordinance. City staff also recommends requiring approval of an administrative permit for
installation of a sport court to ensure that the improvements comply with the performance
standards established by the Zoning Ordinance.
H. Sport Courts: Accessory outdoor recreation surface areas with for use of
portable or permanently affixed recreational equipment that may be enclosed
by fence, or that may include exterior lighting shall be allowed upon approval
of an administrative permit, 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:
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.
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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.
Driveway Width. The Engineering Division has updated their standards for allowed driveway
width from 24 feet to 28 feet. This change requires amendment of Section 11-19-7.I.8.a of the
Zoning Ordinance as follows:
a. No driveway curb cut access shall exceed twenty foureight feet
(2428') in width unless approved by the city engineer where
required to allow adequate turning movement for commercial,
industrial, or institutional uses.
Home Occupations. Regulations for home occupations were updated in 2010 with the intent of
streaming the permitting process so as only to apply to activities that involve regular on site
service for customers, but not home office businesses. City staff finds it necessary to amend
Section 11-32-3 to provide additional clarification and minimize the number of home
occupations that need to apply for administrative permits:
11-32-3: All occupations conducted in the home shall comply with the provisions of this
chapter. This chapter shall not be construed, however, to apply to home occupations
accessory to farming, nor home offices as defined by this title, or other occupations that do
not involve or require the patron to be upon the premises.
11-32-7.M.1. Home occupations include, and are limited to:
a. Business consulting service.
b. Hair salon.
c. Instructional classes with not more than one pupil at a time.
Additional students receiving instruction at one time may be allowed
for single-family uses subject to approval of an interim use permit.
d. Massage therapy.
e. Photography studio.
f. Small appliance repair.
g. Tailoring, sewing and alternations.
House Pets. Section 11-35-3 of the Zoning Ordinance regulates keeping of animals within the
City. Keeping house pets is allowed in all agricultural/rural and residential zoning districts;
horses are allowed in all agriculture/rural zoning districts; farm animals are allowed on uses
defined as farms in all zoning districts; and raptors and honey bees are allowed as interim uses.
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The City received a request to allow for keeping of mini-juliana pigs as a house pet. The
requestor indicates that the animals at full growth are up to 19 inches in height and up to 50
pounds in weight. The requestor indicates the animal can be trained to use a litter box the
same as a cat. All breeds of pigs (hogs/swine) are currently defined by the Zoning Ordinance as
farm animals. The ability to distinguish the various breeds of pig as to which may be acceptable
in a residential setting as a non-traditional domestic animal may be problematic for City staff to
administer and enforce. City staff is requesting direction from the Planning Commission as to
whether mini-juliana pigs should be added to the definition of house pets.
ANIMALS:
A. Farm Animals: Cattle, hogs, bees, sheep, goats, chickens, turkeys, horses and
other animals commonly accepted as farm animals in the state of Minnesota.
B. House Pets: Animals such as dogs, cats, birds (not including pigeons,
chickens, geese, turkeys or other domestic fowl), gerbils, hamsters, mini-
juliana pigs, rabbits (including those normally sheltered outside of the principal
structure), and tropical fish, that can be contained within a principal structure
throughout the entire year, provided that the containment can be accomplished
without special modification to the structure that would require a building
permit, excluding wild or domesticated wild animals.
Urban Chickens. The City continues to receive requests from residents wishing to keep
chickens upon urban residential properties. Keeping of chickens, defined as farm animals, is
currently only allowed on farm properties in the AP, Agricultural Preserve District, RA, Rural
Agricultural District, or the RAO, Rural Agricultural Overlay District.
City staff updated research completed in March 2014 of cities in the Twin Cities Metropolitan
Area that are adjacent to or similar in character to Lakeville in regard to population and growth
characteristics. This research shows there are a variety of rules and regulations pertaining to
the keeping of chickens in residential areas. Of the 10 cities studied, seven allow keeping urban
chickens (Eden Prairie approved keeping of urban chickens in 2014). Three cities do not allow
the keeping of chickens outside of rural residential or farm properties, including Plymouth,
which was added to the survey as part this current review of the issue.
City staff in 2014 provided the Planning Commission and City Council language for a proposed
amendment to the Zoning Ordinance to allow keeping of chickens on urban residential
properties with proposed performance standards outlined below. The Planning Commission is
requested to discuss again the opportunity to allow for keeping of chickens on urban residential
properties within the framework of the performance standards outlined below or additional
considerations.
Keeping of chickens upon a single family property would be allowed by administrative
permit within the RS-1, RS-2, RS-3, RS-4, RS-CBD, RST-1, RST-2, and RM-1 Districts.
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The administrative permit would be valid for one year and eligible for renewal with an
application submitted 30 days prior to expiration of the current permit.
The owner of the chickens must be an occupant of the property to which the
administrative permit is issued.
A maximum of two chickens are allowed and roosters are prohibited. The chickens must
be kept within a coop from sunset to sunrise to prevent attracting predators and
minimize nuisance noise issues.
A coop constructed out of wood materials with a minimum of two square feet of area
per chicken is required with a maximum size of 120 square feet. An attached run
enclosed by fencing must also be provided with a minimum of five square feet of area
per chicken and maximum area of 20 square feet.
The coop and run must be in a rear yard, setback 20 feet from all lot lines, located closer
to the owner’s dwelling than any other dwelling, not within a drainage and utility
easement, and screened from view of adjacent properties.
Feed and waste must be maintained so as not to cause nuisance conditions, attract
vermin or create any other risk to public health safety and welfare.
Chickens cannot be kept for breeding purposes, eggs cannot be sold and the chickens
cannot be slaughtered on the property.
The provisions include an inspection requirement allowing the City Community Service
Officer, Zoning Administrator or other official access to the property to verify
compliance.
Motor Fuel Facility Pedestrian Access. Section 37 of the Zoning Ordinance establishes
performance standards for motor fuel facilities, including convenience stores with gasoline and
truck stops. The performance standards include provisions for pedestrian access to the
principal building that is to be protected from encroachment by parked vehicles. The Zoning
Ordinance specifies that the protection is to be accomplished by a raised curb barrier. Hy-Vee
at SBF and at Cedar/Dodd were approved where the sidewalk apron is level with the parking
surface but protected by bollards. This method effectuates the pedestrian protection intended
by the Zoning Ordinance, while making access for those with disabilities easier. City staff is
proposing the following language making allowance for curb or bollards to protect pedestrian
access at motor fuel facilities.
11-37-3.M.2. A continuous and permanent concrete curb not less than six inches
(6") above grade or bollards a minimum of three (3) feet in height shall separate
internal sidewalks for pedestrian traffic from motor vehicle areas, pursuant to the
provisions of subsection 11-19-7.I of this title.
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11-37-7.B.15.b. A continuous and permanent concrete curb not less than six
inches (6") above grade or bollards a minimum of three (3) feet in height shall
separate internal sidewalks for pedestrian traffic from motor vehicle areas,
pursuant to the provisions of subsection 11-19-7.I of this title.
Townhouse Exterior Materials. The building material requirements for detached and attached
townhouses were updated in 2016. The revised language was adopted in Chapters 57, 58, and
59 of the Zoning Ordinance. However, the specific provisions in Chapters 58 and 59 of the
Zoning Ordinance omitted “townhomes” from the revised text. City staff proposes to correct
the omission as follows in both Sections 11-58-21.C.4 and 11-59-21.C.4 of the Zoning
Ordinance:
4. Exterior Building Finish, Detached Townhome Dwelling,And Two-Family, and
Townhouse 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,
engineered wood siding, 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
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foundation adjacent at ground level and shall be used for at
least sixty percent (60%) of the area of that elevation.
Automobile Repair – Major; Outdoor Storage. Major auto repair uses (auto body shops) are
allowed as conditional uses within the C-2, C-3, C-CBD, I-1, and I-2 District. Included in the
performance standards are provisions prohibiting any outdoor storage of damaged vehicles,
vehicles being repaired, vehicle parts, and accessory equipment. The City has received
requests to allow for outdoor storage of vehicles in the process of being repaired to facilitate
the operation of these businesses with the regular turnover of customer vehicles. Allowance
of outdoor storage would be subject to screening requirements as well as location criteria, such
as prohibiting the storage area from abutting residential properties.
The Planning Commission has discussed before that the prohibition of any outdoor storage can
be problematic as it is incidental to the operation of major automobile repair uses that
customers (or tow services) may drop off damaged vehicles for repair during hours when the
business is not open. If outdoor storage is to continue to be restricted, City staff recommends
the Planning Commission consider revising this provision to provide a more practical limit on
outdoor storage by including an allowance for a drop off location that is to be properly located
and screened from adjacent public rights-of-way so as not to cause blight or compatibility
issues.
8. All Outside storage is prohibited. The storage of damaged vehicles, vehicles
being repaired, and vehicle parts and accessory equipment must be
completely inside a principal or accessory building., except that the site plan
may provide for off-street parking stalls to be used for temporary storage of
damaged vehicles brought to the property at times outside of operating hours,
subject to the following requirements:
a. The off-street parking stalls shall not be located within a front yard or a
yard abutting a residential district.
b. The off-street parking stalls may be included in the calculation of the
number of parking stalls required by section 11-19-13 of this title.
c. The off-street parking stalls shall comply with the design requirements
of section 11-19-7.I of this title and have unrestricted access from the
public street access to the property.
d. The off-street parking stalls shall be fully screened from view of the
public street and adjacent properties in accordance with chapter 11-
21-9 of this title.
e. No vehicle shall be stored within the off-street parking stalls for more
than twenty-four (24) hours Monday through Thursday or seventy-two
(72) hours Friday through Sunday.
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Convenience Food Uses. City staff identified a typo within the exterior lighting performance
standards for convenience food uses. The performance standard limits light intensity to 15 foot
candles at grade within the property. The performance standard is adapted from requirements
that were developed initially for motor fuel facilities that limit light intensity within the
property to not more than 115 foot-candles. This standard was subsequently adopted to apply
first to convenience food uses and later as Section 11-16-17.A.1 of the Zoning Ordinance for all
properties. Light cast at the property line for all properties is limited to one foot-candle by
Section 11-16-17.A.2 of the Zoning Ordinance. To correct the typo, City staff recommends
revising the convenience food and motor fuel facility provisions to reference the exterior
lighting intensity limits and other exterior lighting performance standards established in Section
11-16-17 of the Zoning Ordinance.
Self-Storage Warehouses. The City approved an enclosed self-storage warehouse facility with
the Lee Lake Commercial development located at I-35 and CSAH 46. City staff believes that
there is an opportunity to make allowance for enclosed self-storage facilities (where individual
storage units are accessed from within the structure vs. individual exterior doors) within the C-
2, Highway Commercial District, which provides for establishment of motor vehicle oriented or
dependent high intensity commercial and service activities. The C-2 District is currently only
designated within the area surrounding CSAH 50 and Cedar Avenue and includes several
automobile dealerships and adjacent industrially zoned uses. An enclosed self-storage
warehouse facility similar to the one in the Lee Lake Commercial development meeting the site
and building requirements of the C-2 District would be consistent with the character of the
CSAH 50/Cedar Avenue area and compatible with existing and planned land uses. City staff
recommends making enclosed self-storage warehouse facilities a permitted use within the C-2
District. The C-2 District allows opportunity for outdoor storage as part of the enclosed self-
storage facility as an accessory use. An outdoor storage area up to 10 percent of the area of
the principal building is allowed by administrative permit and an outdoor storage area greater
than ten percent up to 30 percent of the area of the principal building is currently allowed as
conditional use within the C-2 District.
Shoreland Impervious Surface CUP. Residential properties within the Shoreland Overlay
District have an impervious surface limit of 25 percent. Central Business District, commercial,
and industrial zoned properties may increase impervious surfaces to greater than 25 percent of
the lot area as a conditional use. Recently, the City discovered that site improvements for an
approved conditional use permit for a residential property within the Shoreland Overlay District
were not constructed as approved, which resulted in additional impervious surface above that
allowed by ordinance. The ordinance could be amended to require the property owners of
approved conditional use permits to submit as-built plans upon completion of the
improvements to ensure compliance with Shoreland Overlay District requirements. The
submission of as-built plans will allow the City to more effectively document compliance with
the approved conditional use permit and administer additional changes to these properties in
the future.
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11-102-13.F.3 As-built plans shall be submitted upon
completion of improvements upon within the
documenting compliance with the requirements
thereof.
Requiring as-built surveys as part of the conditional use process for projects within the
Shoreland Overlay District will add additional cost to projects. The building permit process
allows City staff to monitor the impervious surface based on the approved conditional use
permit, which incorporates the approved site and building plans. It should also be noted that
impervious surface compliance is a potential problem because there is no permit or
administrative review required for concrete, asphalt, or paver brick installations, thus no
monitoring mechanism.
CONCLUSION
City staff is seeking input and direction regarding the Zoning Ordinance update topics outlined
herein prior to drafting formal amendments for consideration at a public hearing to be
scheduled for a future Planning Commission meeting.
c. Justin Miller, City Administrator
David Olson, Community and Economic Development Director
Frank Dempsey, Associate Planner
Kris Jenson, Associate Planner
Zachary Johnson, City Engineer
Andrea McDowell-Poehler, City Attorney
URBAN CHICKEN SURVEY
Regulations and
Cities
Apple
Valley
Farmington
Burnsville Eagan Bloomington Woodbury Maple
Grove
Eden Prairie Minnetonka Plymouth
Chickens
Allowed in
R Districts
No
SF and TF
Lots Only
Yes
Yes
Yes
No
Yes
Yes
Yes
No
Hens Only (no.
allowed)
N/A
Yes (3)
Yes (4)
Yes (5)
Yes (4)
N/A
24
Yes(4)
5 /half acre
N/A
Restricted to
Coop/Run
N/A
Yes
Yes
Yes/fenced yard
Yes
N/A
N/A
Yes
Yes
N/A
Setback
Standards
N/A
One coop/run
25 ft setback to
any other home
and 10 feet
from property
lines. Max coop
ht. 6 feet. Min.
4 foot screening
fence
Coop or run min.
50 ft. from
adjacent
residential bldg.,
10 ft. from
property lines.
Not allowed in
side or front
yards
Min. 25 ft
separation from
any home. 10 ft
min side/rear
setback
Min. 50 feet from
any lot line
N/A
N/A
Side/rear yard
only, setback
minimum 10ft.
from property
line and 50ft.
from adjacent
homes
Not allowed in
front yard.
Appropriate size
required and
fencing is
required. Min.
setback of house
and not less than
10 feet.
N/A
Slaughtering
N/A
No
No
No
No
N/A
N/A
No
N/A
N/A
Min. Lot Size N/A 10,000 sf No N/A No N/A 1.0 acre N/A N/A N/A
Building Size
and
Construction
N/A
Min. 10sf per
chicken max.
6ft tall
Max. 10 sf per
chicken. Max. 6
feet tall.
Min. 2sf per
chicken, 5 sf per
run. Quality,
durable exterior
materials
required
Coop run max. 20
square feet per
bird. Max. 120 sf
and 6 feet in
height
N/A
N/A
Min.
4sf./chicken
N/A
N/A
Screening
N/A
Min. 4 ft fence
to screen
coop/run
Min. 4 foot tall
fence or
landscaping
N/A
Min. 4 foot solid
fence to screen
abutting
residential
N/A
N/A
No
No
N/A
Permit or
License Req.
N/A
Permit
License
Permit
No
N/A
No
Yes
No
N/A
Other Special
Restrictions
N/A
Owner must
reside on the
premises
None
Owner must
reside on
premises. Permit
not transferable.
Eggs for
personal
consumption
only
Single or two
family lots only.
No advertising
egg sales
N/A
1 acre min
residential or
ag properties
N/A
N/A
On rural zoned
property only
Staff
Enforcement
N/A
Annual
Inspections
Required
Animal Control
Animal Control
Zoning
Enforcement
N/A
Animal
Control
Police
Dept.
City Department
of Health
N/A
Prepared by: Frank Dempsey, Associate Planner (revised 3/14/14) / The Planning Company LLC (revised 7 February 2018)