HomeMy WebLinkAboutItem 07
MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 10 April 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.
The Planning Commission held work sessions on 15 February 2018 and 22 March 2018 to
discuss these Zoning Ordinance update topics and provided direction to City staff on drafting
amendments to the Zoning Ordinance and City Code as outlined herein.
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”,
commonly defined as spreading widely throughout an area, to the City Code to provide further
qualification.
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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 in both
sections of the City Code.
Waste. The following amendments are proposed for regulation of mixed municipal solid
waste:
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.
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.
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 compliance with 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 amendment adds a requirement to Section 4 of the
Zoning Ordinance 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
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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.
Accessory Uses. The following amendments are proposed for regulation of various accessory
uses:
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. Previous 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.
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
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.
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.
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.
Off-Street Parking. The following amendments are proposed for regulation of off-street
parking:
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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.
Residential Parking. Section 11-19-11.E 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, but must be codified in terms of required
side yard setback and allowed driveway width. Section 11-22-5.A.2.b of the Zoning
Ordinance already allows for outdoor storage of recreational vehicles in this location.
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.
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 with
the intent that they be 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.
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
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.
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.
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
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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, while
specifying that that sign not be displayed facing an interior yard abutting a residential
district.
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 raised 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.
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.
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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
A public hearing to consider amendments to the Zoning Ordinance (and City Code) has been
noticed for the Planning Commission meeting on 19 April 2018. City staff recommends
approval of the proposed draft ordinance in the form presented.
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 3-8-1 of the Lakeville City Code (Mixed Municipal Solid Waste And
Recyclables Collectors - Definitions) is hereby amended to revise the following definition:
REFUSE: Solid wastes such as nonrecyclable glass, crockery, cans, paper boxes,
rags and yard waste, but excluding ashes, sand, earth, brick, stone, concrete,
trees, tree branches, and wood.
Section 2. Section 4-1-3.A of the Lakeville City Code (Nuisances – Length of Weeds and
Grass) is hereby amended read as follows:
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.
Section 3. Section 4-1-3.B of the Lakeville City Code (Nuisances – Length of W eeds and
Grass) is hereby amended read as follows:
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.
Section 4. Section 4-1-5.A of the Lakeville City Code (Waste) is hereby amended read
as follows:
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.
Section 5. Section 4-2-1 of the Lakeville City Code (Mixed Municipal Solid Waste and
Recyclables - Definitions) is hereby amended to revise the following definitions:
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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.
REFUSE: Solid wastes such as nonrecyclable glass, crockery, cans, paper boxes,
rags, and yard waste.
Section 6. Section 4-2-5.C of the Lakeville City Code (Mixed Municipal Solid Waste and
Recyclables – Container Requirements) is hereby amended to read as follows:
C. Location Of Containers:
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 four (24) 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.
Section 7. Section 11-2-3 of the Lakeville City Code (Zoning Ordinance - Definitions) is
hereby amended to include the following definition:
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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 8. Section 11-2-3 of the Lakeville City Code (Zoning Ordinance - Definitions) is
hereby amended to revise the existing definition of House Pet Enclosure to read as follows:
HOUSE PET ANIMAL ENCLOSURE: Any accessory building or portion thereof,
accessory structure or area of any kind, including, without limitation, pens, runs,
kennels and pet houses, that is principally used or designed for use as a place for
keeping house pets. An electronic pet containment system is not considered an
house petanimal enclosure.
Section 9. Section 11-4-5 of the Lakeville City Code (Conditional Use Permits –
Information Requirement) is hereby amended to read as follows:
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 10. 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 11. Section 11-18-7.E of the Lakeville City Code (Accessory Buildings,
Structures, Uses and Equipment – Single Family Attached and Detached Accessory Uses -
Animal Enclosures) is hereby amended to read as follows:
4. No suchanimal enclosure shall exceed one hundred twenty
(120)two hundred (200) square feet, unless approved through an
administrative permit.
Section 12. 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:
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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 13. Section 11-18-7.G 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:
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.
Section 14. 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:
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').
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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.
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 15. 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 four eight
feet (2428') in width unless approved by the city engineer
where required to allow adequate turning movement for
commercial, industrial, or institutional uses.
Section 16. Section 11-19-11.E of the Lakeville City Code (Off Street Parking
Requirements – Location) is hereby amended to read 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
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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.
Section 17. Section 11-19-11.F of the Lakeville City Code (Off Street Parking
Requirements – Location) is hereby amended to read as follows:
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.
Section 18. Section 11-21-5.F of the Lakeville City Code
(Fencing/Screening/Landscaping- Residential Fences) is hereby amended to repeal the following
provision and renumber subsequent sections accordingly:
1. Open For Passage: Except as provided herein, fences shall be at
least five percent (5%) open for passage of air, light, and drainage.
Section 19. 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.
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(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 equipment shall not be stored within a shoreland impact
zone or bluff impact zone, except for watercraft.
Section 20. Section 11-23-7.B of the Lakeville City Code (Signs – Permit Not Required)
is hereby amended to read as follows:
B. Not more than two (2) signs two (2)four (4) square feet or less in size.
Section 21. Section 11-23-15.L of the Lakeville City Code (Signs – General Provisions)
is hereby amended to read as follows:
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.
Section 22. Section 11-23-15.T.2.c(2)(D) of the Lakeville City Code (Signs – General
Provisions) is hereby amended to read as follows:
(D) The sign base and supporting
material constructed of stone, brick,
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or decorative masonry shall be equal
to at least forty percent (40%) of the
total allowable sign area, but shall not
be counted toward the sign area and
shall not contain any sign copy.
Section 23. Section 11-23-15.T.3.c(2)(D) of the Lakeville City Code (Signs – General
Provisions) is hereby amended to read as follows:
(D) The sign base and supporting
material constructed of stone, brick,
or decorative masonry shall be equal
to at least forty percent (40%) of the
total allowable sign area, but shall not
be counted toward the sign area and
shall not contain any sign copy.
Section 24. Section 11-23-19.C.1.b of the Lakeville City Code (Signs – District
Regulations) 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 or in the case of a corner lot or through lot
where wall signs may be installed on two (2) elevations
fronting a public street, except no sign shall be installed on
an elevation facing an interior side or rear yard abutting a
residential district. The area of individual signs shall not
exceed fifty (50) square feet.
Section 25. Section 11-23-19.D.1.b of the Lakeville City Code (Signs – District
Regulations) 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 or in the case of a corner lot or through lot
where wall signs may be installed on two (2) elevations
fronting a public street, except no sign shall be installed on
an elevation facing an interior side or rear yard abutting a
residential district. The area of individual signs shall not
exceed sixty four (64) square feet.
Section 26. Section 11-23-19.E.1.b(1) of the Lakeville City Code (Signs – District
Regulations) is hereby amended to read as follows:
(1) For single occupancy buildings, not more than one
wall, canopy, or marquee sign shall be permitted on
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one elevation fronting a public street, except or in the
case of a corner lot or through lot where wall signs
may be installed on two (2) elevations fronting a
public street, except no sign shall be installed on an
elevation facing an interior side or rear yard abutting
a residential district, or as may be allowed by
subsections E1b(3) and E1b(4) of this section.
Section 27. Section 11-23-19.E.1.b(1)(B)(i) of the Lakeville City Code (Signs – District
Regulations) 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
other than an elevation facing
an interior side or rear yard
abutting a residential district.
Section 28. Section 11-23-19.F.1.b of the Lakeville City Code (Signs – District
Regulations) 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 elevation fronting a public street
except or in the case of a corner lot or through lot where wall
signs may be installed on two (2) elevations fronting a public
street, except no sign shall be installed on an elevation
facing an interior side or rear yard abutting a residential
district. The area of individual signs shall not exceed one
hundred (100) square feet.
Section 29. Section 11-23-19.G.1.b(1) of the Lakeville City Code (Signs – District
Regulations) is hereby amended to read as follows:
(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 or in the
case of a corner lot or through lot where wall signs
may be installed on two (2) elevations fronting a
public street, except no sign shall be installed on an
elevation facing an interior side or rear yard abutting
a residential district, as well as secondary signs as
may be allowed by subsection G1b(3) of this
section.
10
Section 30. Section 11-23-19.G.1.b(1)(B)(i) of the Lakeville City Code (Signs – District
Regulations) 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-
35other than an elevation
facing an interior side or rear
yard abutting a residential
district.
Section 31. 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 32. 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 33. 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 34. Section 11-37-3.J of the Lakeville City Code (Motor Vehicle Fuel Facilities –
Exterior Lighting) is hereby amended to read as follows:
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
11
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 35. 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 36. Section 11-37-7.B.7.d of the Lakeville City Code (Truck Stops – Canopy) is
hereby amended to read as follows:
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 37. Section 11-37-7.B.11 of the Lakeville City Code (Motor Vehicle Fuel Facilities
– Exterior Lighting) is hereby amended to read as follows:
12
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.
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.
Section 38. 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 39. 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:
13
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 foundation adjacent at ground level and shall be used
for at least sixty percent (60%) of the area of that elevation.
Section 40. 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.
14
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 foundation adjacent at ground level and
shall be used for at least sixty percent (60%) of the
area of that elevation.
Section 41. 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 42. 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.
15
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 43. 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 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 44. 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.
16
Section 45. This Ordinance shall be effective immediately upon its passage and
publication according to law.
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