HomeMy WebLinkAboutItem Work Session
MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 15 March 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 was held on 15 February 2018 to discuss an initial list of topics compiled by City
staff during 2017 and receive direction from the Planning Commission as to possible
amendments. Code Enforcement staff has identified additional topics for discussion as part of
their on-going administration of the City Code and Zoning Ordinance. These additional items
are also outlined herein for discussion at a Planning Commission work session scheduled for 22
March 2018.
Exhibits:
Draft Ordinance
ANALYSIS
Weeds/Grass. Section 4-1-3 of the City Code defines grass or weeds in excess of eight inches
in height as a public nuisance when occurring on a developed lot less than one acre in area or
on an undeveloped lot less than one acre in area abutting a developed lot. Code Enforcement
staff has had to deal with complaints where the extent of the grass or weeds is a small clump
within the entire yard. To ensure that Code Enforcement staff have the ability to use their
discretion to interpret what is and is not a public nuisance, we recommend adding “pervasive”,
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commonly defined as spreading widely throughout an area, to the City Code to provide further
qualification:
A. Pervasive weeds or grass in excess of eight inches (8") in length, on any lot
less than one acre in size that has a building constructed on it, is a public
nuisance and is prohibited.
B. Pervasive weeds or grass in excess of eight inches (8") in length, on any lot
less than one acre in size that abuts a lot that has a building constructed on it,
is a public nuisance and is prohibited.
Yard Waste. Section 4-1-5 of the City Code prohibits open accumulation of refuse on any
property as a public nuisance. Section 3-8-1 of the City Code defines refuse, which excludes
trees, tree branches, and wood. Section 3-8-1 of the City Code also defines yard waste that
includes tree materials. In order to enforce accumulation of fallen trees or grass clippings from
becoming a nuisance, yard waste needs to be included within the definition of refuse as
outlined below:
3-8-1: DEFINITIONS:
REFUSE: Solid wastes such as nonrecyclable glass, crockery, cans, paper
boxes, rags, yard waste, but excluding ashes, sand, earth, brick, stone, and
concrete, trees, tree branches, and wood.
YARD WASTE: Organic materials consisting of grass clippings, leaves, and
other forms of organic garden waste, prunings, trees, tree branches, or
other wood waste, and fresh-cut Christmas trees and boughs, but excluding
garden vegetables and materials that are not readily compostable within the
calendar year.
4-1-5.A. Any accumulation of refuse as defined by this Code on any
premises not stored in containers which comply with this Code, or any
accumulation of refuse on any premises which has remained thereon for
more than one week is hereby declared to be a nuisance and may be abated
by order of the City Health Officer, as provided by Minnesota Statutes
section 145A.04, subdivision 8, as may be amended, and the cost of
abatement may be assessed on the property where the nuisance was
found, as provided by law.
Waste Containers. Location for waste and recycling containers are established in Section 4-2-5
of the City Code and Section 11-18-11 of the Zoning Ordinance. City staff is proposing changes
to Section 4-2-5.C of the City Code to make the provisions consistent and reduce overlapping
standards:
C. Location Of Containers:
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1. Containers for mixed municipal solid waste and recyclable materials
shall be kept in rear or side yards as required by Section 11-18-11 of
the Zoning Ordinance.
2. For multiple-family residential, commercial, industrial and institutional
uses, the containers shall be screened from neighboring properties
and the public right-of-way or shall be kept indoors.
32. The Containers shall be accessible at times of collection and if
normally stored indoors shall be placed outside near the street, but not
within the traveled portion of the roadway, at designated collection
times for a period not longer than twenty (24) four hours.
4D. Such Mixed municipal solid waste canscontainers shall not be used for
incinerators. No mixed municipal solid waste shall at any time be burned in any
bonfire or other fire, whether in a container or in the open.
Animal Enclosures. Section 11-18-7.E of the Zoning Ordinance regulates animal enclosures
within single and two family lots. The provisions include a maximum area of 120 square feet,
which corresponded to prior limits on detached accessory buildings not requiring a building
permit. Changes to the Building Code led to amendment of the Zoning Ordinance to allow
detached accessory buildings up to 200 square feet without a permit. City staff proposes to
amend the Zoning Ordinance to allow animal enclosures to be a maximum of 200 square feet
consistent with other detached accessory structures.
4. No suchanimal enclosure shall exceed one hundred twenty
(120)two hundred (200) square feet, unless approved through
an administrative permit.
Firewood. Section 11-18-7.G of the Zoning Ordinance regulates compost structures and
firewood stacks as accessory uses within single and two family lots. Code Enforcement staff is
requesting that the provision be clarified to distinguish application of the provision to neatly
stacked firewood that can be identified separately from yard waste as a potential nuisance.
G. Compost Structures And Firewood Piles: Compost structures and
firewood pilesneatly stacked shall be considered accessory uses,
shall be limited to rear yards and shall be set back ten feet (10') from
all property lines, but shall not be subject to limitations applicable to
the number of allowed accessory structures or individual area and
total area allowed for accessory structures by this section.
Residential Parking. Section 11-19-11.F of the Zoning Ordinance addresses parking for single
family, two-family, and townhouse dwellings. Parking in front yards is allowed only on the
driveway leading into the garage or one stall width to the side of the driveway leading to the
garage. Parking is also often accommodated with an additional space to the side of a garage in
a side yard. Section 11-22-5.A.2.b of the Zoning Ordinance already allows for outdoor storage
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of recreational vehicles in this location. Allowance of the additional off-street parking space to
the side of a garage is to be codified as follows:
E. Setback Area: Required accessory off street parking shall not be
provided in required front yards or in required side yards adjacent to
a public right of way in the case of a corner lot in the A-P, RA, RS-1,
RS-2, RS-3, RS-4, RS-CBD, RST-1, and RST-2 districts.:
1. Shall not be located in required front yards or in required side
yards adjacent to a public right of way in the case of a corner
lot.
2. Shall be setback a minimum of five feet (5’) from interior side
lot lines.
F. Prohibited In Yard: In the case of single-family, two-family, and
townhouse dwellings parking shall be prohibited in any portion of the
front, side, or rear yard except on designated driveways surfaced
with bituminous material, concrete, or paver bricks leading directly
into a garage or one open, surfaced space not exceeding twelve feet
(12’) in width located on the side of a driveway or on the side of a
garage, away from the principal use. Said extra space shall be
surfaced with paver bricks, concrete or bituminous material.
Fences. Section 11-21-5.F.1 of the Zoning Ordinance requires residential fences to be a
minimum of five percent open construction. The intent is to allow for passage of air and light
between yards, which is also accomplished by limiting fence height to six feet. Section 11-21-
5.B.4 of the Zoning Ordinance also provides that a fence may not obstruct drainage. City staff
recommends repealing the open construction requirement to allow for greater construction
options for privacy fences.
1. Open For Passage: Except as provided herein, fences shall be at least
five percent (5%) open for passage of air, light, and drainage.
Signs. The following amendments are proposed for regulation of signs:
Direction Signs. Section 11-23-7.B of the Zoning Ordinance makes allowance for two
signs not larger than two square feet to be placed on a property without a permit that
with the intent that they used for directional purposes. City staff has found that the two
square foot limit is too restrictive and are recommending that the area allowance be
increased to four square feet.
B. Not more than two (2) signs two (2)four (4) square feet or less in size.
Area calculation. Section 11-23-15.L of the Zoning Ordinance defines how the area of
signs is calculated when affixed directly to a wall and includes an area six inches beyond
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the letters or graphics displayed. City staff has calculated the area of signs based only
on the perimeter of the letters and graphics. The Zoning Ordinance is proposed to be
amended to reflect the current practice for administration of the sign area allowances:
L. Square Footage Calculation: The area within the frame of a sign shall
be used to calculate the square footage except that the width of a frame
exceeding twelve inches (12") shall constitute sign face, and if such
letters or graphics be mounted directly on a wall or fascia or in such
way as to be without a frame the dimensions for calculating the square
footage shall be the area extending six inches (6") beyond the
periphery formed around such letters or graphics in a plane figure
bounded by straight lines connecting the outermost points thereof.
Each surface utilized to display a message or to attract attention shall
be measured as a separate sign and shall be calculated in the overall
square footage. Symbols, flags, pictures, wording, figures or other
forms of graphics painted on or attached to windows, walls, awnings,
freestanding structures, suspended by balloons, or kites or on persons,
animals, or vehicles are considered a sign and are included in
calculating the overall square footage.
Dynamic Display Sign Construction. Sections 11-23-15.T.2.c(2)(D) and 3.c(2)(D) of the
Zoning Ordinance requires dynamic display signs to be constructed with a monument
base that is 40 percent of the allowed sign area. However, if a sign is less than the
maximum area allowed by the Zoning Ordinance, the word “allowable” in the provision
still requires the same size base (which will be greater than 40 percent of the sign area).
City staff recommends removing the word “allowable” from both sections:
(D) The sign base and supporting material
constructed of stone, brick, or
decorative masonry shall be equal to at
least forty percent (40%) of the total
allowable sign area, but shall not be
counted toward the sign area and shall
not contain any sign copy.
Wall signs. Allowance of wall signs for business and industrial uses are defined by
number, area, and location on walls facing public streets. Exceptions are included to
allow wall signs on elevations within commercial centers oriented towards private
drives. More recently, the City has approved wall signs for Freddy’s and Taco Bell within
Spirit of Brandtjen Farm to allow wall signs on the side elevations of buildings (other
than the elevation facing a public street) to increase visibility from traffic on adjacent
arterial roadways. To allow greater flexibility in locating signs for commercial and
industrial uses to ensure maximum visibility, City staff recommends removal of the
requirement that wall signs be mounted to face public streets or private drives:
11-23-19.C.1.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 lot where wall signs may
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be installed on two (2) elevations fronting a public street. The area of
individual signs shall not exceed fifty (50) square feet.
11-23-19.D.1.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 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.
11-23-19.E.b(1) For single occupancy buildings, not more
than one wall, canopy, or marquee sign shall be permitted on
one 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 E1b(3) and E1b(4) of this section.
11-23-19.E.b(1)(B)(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.
11-23-19.F.1.b. Wall, Canopy, Or Marquee Sign: For single
occupancy buildings, not more than one wall, canopy, or marquee
sign shall be permitted on one 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 one hundred (100) square feet.
11-23-19.G.1.b(1) For single occupancy buildings, not more
than one wall, canopy, or marquee sign shall be permitted on
one 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 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, as well as secondary signs as may
be allowed by subsection G1b(3) of this section.
11-23-19.G.b(1)(B)(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.
February Work Session. The Planning Commission held a work session on 15 February 2018 to
discuss an initial list of Zoning Ordinance update topics. There was consensus of the Planning
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Commission on several items that may be moved forward for formal consideration. City staff
has drafted an ordinance amendment including the following changes:
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.
CUP Surveys. The Planning Commission discussed requiring as-built surveys as part of
the conditional use process for projects within the Shoreland Overlay District as part of
an effort to enforce approved CUPs. The Planning Commission agreed with the need to
ensure compliance with required plans, but stated a need to do so for all projects
involving lot requirements, setbacks, or impervious surface exceptions, not just those
within the Shoreland Overlay District. Language within the draft Zoning Ordinance
amendment adds a requirement for such CUPs as an additional stipulation of approval
for all CUPs.
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 agreed to language limiting the painting restriction only to
Grade A exterior materials, which would not apply to residential structures other than
multiple family uses.
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. At
issue, is that 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
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trailers. The Planning Commission supports revised language for purposes of
administrating this section clarifying when the ice house is to be regulated as an
accessory building or as a recreational vehicle. Additional changes are proposed to
Section 11-22-5.A.2 of the Zoning Ordinance to clarify the allowed location upon a lot
where recreational vehicles and equipment (including trailer mounted ice houses) are
allowed to be stored.
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. We have included an
additional provision in the Zoning Ordinance language that a backboard or net must be
installed so as to be perpendicular to side lot lines to limit balls leaving the property.
Driveway Width. The Engineering Division has updated their standards for allowed
driveway width from 24 feet to 28 feet, which requires amendment of Section 11-19-
7.I.8.a of the Zoning Ordinance.
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 eliminate reference to home consulting
businesses and provide additional clarification as to home occupations that need to
apply for administrative permits.
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. The Planning Commission agreed to language
making allowance for curb or bollards to protect pedestrian access at motor fuel
facilities.
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, which is to be corrected in both Sections 11-58-21.C.4 and 11-59-21.C.4 of the
Zoning Ordinance.
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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. The Planning Commission supports 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 gross floor 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
gross floor area of the principal building is currently allowed as an interim use within the
C-2 District. The Planning Commission supports allowance of enclosed self-storage
facilities with limited outdoor storage/display within the C-2 District only.
CONCLUSION
City staff is seeking input and direction regarding the additional Zoning Ordinance update topics
outlined. We are also seeking direction from the Planning Commission to proceed with a
public hearing to formally consider the proposed amendments, including those from the 15
February 2018 work session, to be scheduled for a future Planning Commission meeting.
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c. Justin Miller, City Administrator
David Olson, Community and Economic Development Director
Zachary Johnson, City Engineer
Andrea McDowell-Poehler, City Attorney
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ORDINANCE NO.________
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Section 4-2-1 of the Lakeville City Code (Mixed Municipal Solid Waste
and Recyclables - Definitions) is hereby amended to revise the following definition:
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 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.
Section 2. Section 11-2-3 of the Lakeville City Code (Zoning Ordinance -
Definitions) is hereby amended to include the following definition:
ENCOSED SELF-STORAGE FACILITY: A warehouse with multiple
individual units accessed from inside the principal building by shared
exterior doors made available for lease for storage of personal property.
Section 3. Section 11-4-5 of the Lakeville City Code (Conditional Use Permits –
Information Requirement) is hereby amended to read as follows:
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11-4-5: INFORMATION REQUIREMENT:
A. The information required for all conditional use permit applications shall be as
specified in section 11-9-13 of this title.
B. For all conditional use permits allowing exceptions approved in accordance with the
provisions of this title related to lot requirements, setbacks, impervious surfaces, or
other dimensional standards established by this title, an as-built certificate of survey
shall be submitted to the Zoning Administrator within sixty (60) days from the date
improvements are completed.
Section 4. Section 11-17-9.F.8 of the Lakeville City Code (General Yard, Lot Area
and Building Regulations – Building Type and Construction) is hereby amended to read
as follows:
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.
Section 5. Section 11-18-7.F of the Lakeville City Code (Accessory Buildings,
Structures, Uses and Equipment – Single Family Attached and Detached Accessory
Uses) is hereby amended to read as follows:
F. Ice Fishing Houses: Structures used as shelters on ice for fishing as
regulated by Minnesota Statutes 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 6. Section 11-18-7.H of the Lakeville City Code (Accessory Buildings,
Structures, Uses and Equipment – Single Family Attached and Detached Accessory
Uses) is hereby amended to read as follows:
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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:
a. The sport court shall be allowed only within the rear
yard and shall not encroach within any drainage or
utility easement., and
b. The sport court shall comply with the following
setbacks:
a.(1) Side lot line abutting a public right-of-way: Thirty
feet (30').
b.(2) Interior side lot line: Ten feet (10').
c.(3) Rear lot line: Ten feet (10').
c. Backboards, nets, or goal openings shall be oriented
so as to be perpendicular to side lot lines.
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.
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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 7. Section 11-19-7.I.8.a of the Lakeville City Code (Off Street Parking
Requirements – General Provisions) is hereby amended to read 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.
Section 8. Section 11-22-5.A.2 of the Lakeville City Code (Outdoor Storage –
Exceptions; Accessory Use) is hereby amended to read as follows:
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
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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 equipment shall not be stored within a
shoreland impact zone or bluff impact zone, except for
watercraft.
Section 9. Section 11-32-3 of the Lakeville City Code (Home Occupations -
Application) is hereby amended to read as follows:
11-32-3: APPLICATION:
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.
Section 10. Section 11-32-7.M.1.a of the Lakeville City Code (Home Occupations
– General Provisions) is hereby repealed and subsequent sections renumbered
accordingly:
a. Business consulting service.
Section 11. Section 11-37-3.F.4 of the Lakeville City Code (Motor Vehicle Fuel
Facilities – Canopy) is hereby amended to read as follows:
4. Canopy lighting shall consist of canister spotlights recessed
into the canopy. with no portion of the light source or fixture
may extending below the bottom face of the canopy. Total
canopy illumination may not exceed one hundred fifteen (115)
foot-candles below the canopy at ground level the limits
established by Section 11-16-17.A of this title. The fascia of
the canopy shall not be illuminated.
Section 12. Section 11-37-3.J of the Lakeville City Code (Motor Vehicle Fuel
Facilities – Exterior Lighting) is hereby amended to read as follows:
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J. 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:
1. Canopy Lighting: Canopy lighting shall only be permitted
under the canopy structure, and consist of canister spotlights
recessed into the canopy. No portion of the light source or
fixture may extend below the bottom face of the canopy. Total
canopy illumination below the canopy may not exceed one
hundred fifteen (115) foot-candles at ground level.
2. Perimeter Lighting: 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.
3. Illumination: 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. (Ord. 674, sec. 1, 7-17-2000)
4. Exception: Lighting of entire facades of the principal building
shall only utilize illuminating devices mounted on top and
facing downward onto the structure. Accessory structures,
including the canopy fascia, shall not be illuminated. (Ord.
936, 3-16-2015)
5. Access: Vehicular access points shall create a minimum of
conflict with through traffic movement and shall comply
with chapter 19 of this title.
Section 13. Section 11-37-3.M.2 of the Lakeville City Code (Motor Vehicle Fuel
Facilities – Pedestrian Traffic) is hereby amended to read as follows:
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.
Section 14. Section 11-37-7.B.7.d of the Lakeville City Code (Truck Stops –
Canopy) is hereby amended to read as follows:
7
d. Canopy lighting shall consist of canister spotlights recessed
into the canopy. with no portion of the light source or fixture
may extending below the bottom face of the canopy. Total
canopy illumination may not exceed one hundred fifteen (115)
foot-candles below the canopy at ground level the limits
established by Section 11-16-17.A of this title. The fascia of
the canopy shall not be illuminated.
Section 15. Section 11-37-7.B.11 of the Lakeville City Code (Motor Vehicle Fuel
Facilities – Exterior Lighting) is hereby amended to read as follows:
11. 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. Canopy Lighting: Canopy lighting shall only be
permitted under the canopy structure, and consist of
canister spotlights recessed into the canopy. No
portion of the light source or fixture may extend below
the bottom face of the canopy. Total canopy
illumination below the canopy may not exceed one
hundred fifteen (115) foot-candles at ground level.
b. Perimeter Lighting: 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.
c. Illumination: 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. (Ord. 674,
sec. 1, 7-17-2000)
d. Exception: Lighting of entire facades of the principal
building shall only utilize illuminating devices mounted
on top and facing downward onto the structure.
Accessory structures, including the canopy fascia,
shall not be illuminated. (Ord. 936, 3-16-2015)
8
Section 16. Section 11-37-7.B.15.b of the Lakeville City Code (Truck Stops –
Pedestrian Traffic) is hereby amended to read as follows:
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.
Section 17. Section 11-58-21.C.4 of the Lakeville City Code (RM-1 District –
Design and Construction Standards) is hereby amended to read as follows:
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
9
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 18. Section 11-59-21.C.4 of the Lakeville City Code (RM-2 District –
Design and Construction Standards) is hereby amended to read as follows:
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
10
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 19. Section 11-72-3 of the Lakeville City Code (C-2 District – Permitted
Uses) is hereby amended to insert the following provision and renumber the subsequent
sections accordingly:
C. Enclosed self-storage warehouse facilities.
Section 20. Section 11-72-7.G.5 of the Lakeville City Code (C-2 District –
Convenience Restaurants) is hereby amended read as follows:
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.
Section 21. Section 11-73-7.G.5 of the Lakeville City Code (C-3 District –
Convenience Restaurants) is hereby amended read as follows:
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
11
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.
Section 22. Section 11-74-7.G.5 of the Lakeville City Code (C-CBD District –
Convenience Restaurants) is hereby amended read as follows:
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.
Section 23. This Ordinance shall be effective immediately upon its passage and
publication according to law.
12
PASSED and ADOPTED by the Lakeville City Council this ______ day of
______________, 2018.
CITY OF LAKEVILLE
BY: _______________________
Douglas P. Anderson, Mayor
ATTEST
BY: ________________________
Charlene Friedges, City Clerk