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HomeMy WebLinkAboutItem 09 Date: Item No. ORDINANCE AMENDING TITLES 3, 4 AND 11 OF THE CITY CODE AND SUMMARY ORDINANCE FOR PUBLICATION Proposed Action Staff recommends adoption of the following motion: Move to approve an ordinance amending Titles 3, 4 and 11 of the City Code and the summary ordinance for publication. Overview Planning Department staff recommends approval of an ordinance amending Titles 3, 4 and 11 of the City Code. The proposed ordinance is Phase 1 of the 2018 annual review and update of the Zoning Ordinance and it includes amendments that clarify various provisions related to code enforcement, CUPs, exterior building materials, accessory structures, parking, fences, signs, home occupations, motor fuel facilities, exterior lighting, and self-storage facilities. The Planning Commission held a public hearing on the Phase 1 Zoning Ordinance amendment at their April 19, 2018 meeting and unanimously recommended approval. There was no public comment. The Planning Commission also discussed proposed amendments to the Zoning Ordinance and City Code at their February 15 and March 22, 2018 work sessions. The Planning Commission will be considering the keeping of urban chickens at their May 3, 2018 work session as part of Phase 2 of the 2018 Zoning Ordinance amendment process. Primary Issues to Consider • What are the most significant changes proposed by the 2018 Zoning Ordinance amendment? Supporting Information • Staff response to primary issues • Ordinance amending Titles 3, 4 and 11 of the City Code and Summary Ordinance • April 19, 2018 Planning Commission meeting minutes • February 15 and March 22, 2018 Planning Commission work session minutes • April 10, 2018 planning report (including a redlined version of the draft ordinance) Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Design that Connects the Community Report Completed by: Daryl Morey, Planning Director May 7, 2018 City Code Staff Response to Primary Issues to Consider • What are the most significant changes proposed by the 2018 Zoning Ordinance amendment? Most of the changes proposed with Phase 1 of the 2018 Zoning Ordinance amendment are clarifications or corrections that have been identified by staff and are more housekeeping in nature. However, some of the more significant changes proposed include: 1. Clarifications to the long grass and weeds, yard waste, and trash and recycling container provisions included in Titles 3 and 4 of the City Code as recommended by the City’s Planning Assistant/Code Enforcement Technician. Also recommended are clarifications to regulations concerning animal enclosures, ice fishing houses, residential off-street parking, fences, and home occupations. 2. Requiring submittal of as-built surveys for conditional use permits that allow exceptions to lot requirements, setbacks, impervious surfaces, or dimensional standards. 3. Allow masonry materials that are not considered Grade A (brick and stone) for multiple family residential, commercial, industrial, or institutional buildings to be stained or painted. 4. Increase the maximum sign allowance for directional signs from two square feet to four square feet. Also, remove the requirement that commercial and industrial business wall signs must face a public street or private drive, provided the signs do not face an abutting residential district. 5. Allow enclosed self-storage facilities as a permitted use within the C-2, Highway Commercial District. 1 ORDINANCE NO.________ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLES 3 (BUSINESS AND LICENSE REGULATIONS), 4 (HEALTH AND SANITATION), AND 11 (ZONING ORDINANCE) OF 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. 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 Weeds 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. 2 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: HOUSEHOLD: 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 as required by Section 11-18-11 of the Zoning Ordinance. 2. Containers shall be accessible at times of collection and shall be placed 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. D. Mixed municipal solid waste containers 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: 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: 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 3 house pets. An electronic containment system is not considered an animal 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: 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 animal enclosure shall exceed 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: 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 not constructed as a trailer shall be allowed and regulated as an accessory building subject to the setback, square footage and other regulations of this section. 2. An ice fishing house that is constructed as a trailer shall be regulated as recreational vehicles in accordance with subsection 11-22-5.A.2 of this title. 4 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 neatly 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 11-19-7.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 eight feet (28') in width unless approved by the city engineer where required to allow adequate turning movement for commercial, industrial, or institutional uses. Section 15. 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 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 16. 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. Section 17. Section 11-21-5.F.1 of the Lakeville City Code (Fencing/Screening/Landscaping – Residential Fences) is hereby repealed and subsequent sections renumbered accordingly. Section 18. Section 11-22-5.A.2 of the Lakeville City Code (Outdoor Storage – Exceptions; Accessory Use) is hereby amended to read as follows: 5 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) The 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. Recreational vehicles and equipment shall not be stored within a shoreland impact zone or bluff impact zone, except for watercraft. Section 19. 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 four (4) square feet or less in area. Section 20. 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 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, 6 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 21. 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, or decorative masonry shall be equal to at least forty percent (40%) of the total sign area, but shall not be counted toward the sign area and shall not contain any sign copy. Section 22. 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 sign area, but shall not be counted toward the sign area and shall not contain any sign copy. Section 23. 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 or in the case of a corner lot or through lot where wall signs may be installed on two (2) elevations, 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 24. 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) or in the case of a corner lot or through lot where wall signs may be installed on two (2) elevations, except no sign shall be installed on an elevation facing an interior side or rear yard abutting a 7 residential district. The area of individual signs shall not exceed sixty four (64) square feet. Section 25. 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 one elevation or in the case of a corner lot or through lot where wall signs may be installed on two (2) elevations, 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 26. 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 of the principal building other than an elevation facing an interior side or rear yard abutting a residential district. Section 27. 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 or in the case of a corner lot or through lot where wall signs may be installed on two (2) elevations, 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 28. 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 or in the case of a corner lot or through lot where wall signs may be installed on two (2) elevations, 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 8 may be allowed by subsection G1b(3) of this section. Section 29. 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 other than an elevation facing an interior side or rear yard abutting a residential district. . Section 30. 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, home offices as defined by this title, or other occupations that do not involve or require the patron to be upon the premises. Section 31. Section 11-32-7.M.1.a of the Lakeville City Code (Home Occupations – General Provisions) is hereby repealed and subsequent sections renumbered accordingly. Section 32. 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 extending below the bottom face of the canopy. Total canopy illumination may not exceed the limits established by Section 11-16-17.A of this title. The fascia of the canopy shall not be illuminated. Section 33. 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. Section 34. Section 11-37-3.M.2 of the Lakeville City Code (Motor Vehicle Fuel Facilities – Pedestrian Traffic) is hereby amended to read as follows: 9 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 35. 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 extending below the bottom face of the canopy. Total canopy illumination may not exceed the limits established by Section 11-16-17.A of this title. The fascia of the canopy shall not be illuminated. Section 36. 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. Section 37. 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 38. 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, 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. 10 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 39. 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, 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. 11 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 11-72-3 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 41. 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. Section 42. 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. 12 Section 43. 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. Section 44. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED by the Lakeville City Council this 7th day of May 2018. CITY OF LAKEVILLE BY: ________________________ Douglas P. Anderson, Mayor ATTEST BY: ________________________ Charlene Friedges, City Clerk SUMMARY ORDINANCE NO. ______ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLES 3 (BUSINESS AND LICENSE REGULATIONS), 4 (HEALTH AND SANITATION), AND 11 (ZONING ORDINANCE) OF THE LAKEVILLE CITY CODE This ordinance amends Titles 3, 4 and 11 of the Lakeville City Code. Amendments have been made to the following chapters of the Lakeville City Code: Title 3 (Business and License Regulations) Chapter 8-1 (Mixed Municipal Solid Waste and Recyclables Collectors – Definitions) Title 4 (Health and Sanitation) Chapter 1-3 (Nuisances – Length of Weeds and Grass) Chapter 1-5 (Nuisances – Waste) Chapter 2-1 (Mixed Municipal Solid Waste and Recyclables – Definitions) Chapter 2-5 (Mixed Municipal Solid Waste and Recyclables – Container Requirements) Title 11 (Zoning Ordinance) Chapter 2-3 (Definitions) Chapter 4-5 (Conditional Use Permits – Information Requirement) Chapter 17-9 (Building Type and Construction) Chapter 18-7 (Accessory Buildings, Structures, Uses and Equipment) Chapter 19-7 and 11 (Off-Street Parking Requirements) Chapter 21-5 (Residential Fences) Chapter 22-5 (Outdoor Storage) Chapter 23-7, 15 and 19 (Signs) Chapter 32-3 and 7 (Home Occupations) Chapter 37-3 and 7 (Motor Vehicle Fuel Facilities) Chapter 58-21 (RM-1 District – Design and Construction Standards) Chapter 59-21 (RM-2 District – Design and Construction Standards) Chapter 72-3 and 7 (C-2 District – Permitted and Conditional Uses) Chapter 73-7 (C-3 District – Conditional Uses) Chapter 74-7 (C-CBD District – Conditional Uses) A printed copy of the entire ordinance is available for inspection by any person during the City Clerk’s regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota this 7th day of May 2018. CITY OF LAKEVILLE BY: _________________________ Douglas P. Anderson, Mayor ATTEST: _________________________ Charlene Friedges, City Clerk Planning Commission Meeting Minutes, April 19, 2018 Page 5 Chair Swenson asked for comments from the Planning Commission. Discussion points included: • Agreed that from a traffic standpoint it would be good to have a second access for the Chamber of Commerce building with the future development of Outlot A. • Mr. Jacobson was asked to explain the reasons behind the building orientation and site design. Motion was made by Kelvie, seconded by Einck to recommend to City Council approval of the Rallis First Addition preliminary plat, located east of Dodd Boulevard (CSAH 9), south of Itea Avenue and west of Idealic Avenue, subject to the following six stipulations: 1. The site shall be developed in accordance with the approved preliminary and final plat plans and in compliance with Zoning Ordinance requirements. 2. The site shall be developed in accordance with the recommendations listed in the April 12, 2018 engineering report. 3. The property owner shall be responsible for maintenance of all landscaping, including within the boulevard. A cash or letter of credit financial security of $16,825 shall be submitted to guarantee installation of the landscaping per the approved landscape plan. 4. All signage on the property must meet the requirements of Section 11-23 of the Zoning Ordinance. A sign permit is required prior to the installation of any signs. 5. An exterior lighting plan shall be submitted in compliance with Zoning Ordinance requirements prior to City Council consideration of the preliminary and final plat. 6. Snow storage shall not occur within the required parking spaces and vehicle driving lanes. Ayes: Einck, Jarvis, Swenson, Kaluza, Witte, Drotning, Kelvie Nays: 0 Mr. Morey thanked Dr. Yetzer for establishing his business in Lakeville where he grew up. That is what makes Lakeville great. 7. City of Lakeville Chair Swenson opened the public hearing to consider amendments to the various chapters of the Lakeville City Code. Dan Licht from The Planning Company presented the planning report. Mr. Licht stated that the Planning Department initiates an annual review of the Zoning Ordinance, Subdivision Ordinance, and/or City Code to address issues identified during the review of development applications and in the course of on-going administration of the City’s development regulations. Mr. Licht reviewed the amendments to the Zoning Ordinance and City Code that are discussed in detail in his April 10, 2018 planning report. He indicated that City staff is Planning Commission Meeting Minutes, April 19, 2018 Page 6 recommending that Section 14, related to sport courts, be removed from consideration at this time. Mr. Licht stated that City staff recommends approval of the proposed draft ordinance with the removal of Chapter 14. Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Kelvie, seconded by Drotning to close the public hearing at 6:44 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. There were no comments. Chair Swenson explained that the Planning Commission has had multiple work sessions to discuss the proposed amendments. Commissioner Kaluza stated that all their work sessions are open to the public. Motion was made by Kelvie, seconded by Drotning to recommend to City Council approval of the amendments to the Lakeville City Code, with the removal of Section 14 related to sport courts. Ayes: Jarvis, Swenson, Kaluza, Witte, Drotning, Kelvie, Einck Nays: 0 8. Election of Planning Commission Officers (tabled at the April 5, 2018 Planning Commission meeting) Swenson stated he has had the privilege of being Planning Commission Chair for the maximum three years allowed by City Code. He stated he has thoroughly enjoyed working with everyone on the Planning Commission and that he appreciated staff for the guidance they have provided him as Chair. Motion was made by Drotning, seconded by Witte to nominate Commissioner Kaluza to the office of Chair and to nominate Commissioner Kelvie to the office of Vice Chair effective May 3, 2018, and to close nominations. The Planning Commission thanked Chair Swenson for his strong leadership and indicated that it was a pleasure to have him serve as Chair of the Planning Commission for the past three years. Ayes: Swenson, Kaluza, Witte, Drotning, Kelvie, Einck, Jarvis Nays: 0 There being no further business, the meeting was adjourned at 6:50 p.m. CITY OF LAKEVILLE PLANNING COMMISSION WORK SESSION MINUTES March 22, 2018 Vice Chair Kaluza called the work session to order at 6:40 p.m. Members Present: Vice Chair Kaluza, Brooks Lillehei, Karl Drotning, Paul Reuvers, and Jason Kelvie Members Absent: Chair Jason Swenson, Scott Einck, and ex-officio Mike Lamm Staff Present: Planning Director Daryl Morey, Planning Assistant/Code Enforcement Technician Brent Jones, and Daniel Licht, TPC Others Present: New Planning Commission Alternate Paul Jarvis 2018 Zoning Ordinance Update Discussion Mr. Licht presented his March 15, 2018 planning report. The Planning Commission supported the proposed changes as described in the planning report, subject to the following: • 3-8-1 of the City Code. The Planning Commission recommended removing “…but excluding ashes, sand, earth, brick, stone, and concrete, trees, tree branches, and wood” from the proposed definition of Refuse. The Planning Commission also recommended no change to the definition of Yard Waste. • Wall Signs: The Planning Commission recommended adding language that would prohibit wall signs facing a directly abutting residential property. The work session adjourned at 7:34 p.m. Respectfully submitted, Daryl Morey, Planning Director CITY OF LAKEVILLE PLANNING COMMISSION WORK SESSION MINUTES February 15, 2018 Chair Swenson called the work session to order at 6:00 p.m. Members Present: Chair Jason Swenson, Vice Chair Kaluza, Scott Einck, Brooks Lillehei, Karl Drotning, Jason Kelvie, and Jeff Witte Members Absent: Paul Reuvers and Ex-Officio Member Lamm Staff Present: Planning Director Daryl Morey and Daniel Licht, TPC Others Present: Chuck Larson 2018 Zoning Ordinance Update Discussion Mr. Licht presented his February 8, 2018 planning report. The Planning Commission supported the following proposed changes as described in the planning report: • Household definition. • Painting brick or stone for commercial/industrial/institutional/multiple family buildings. • Ice fishing houses. • Sports courts with additional consideration for a provision that the orientation of the sport court not impact neighboring residential properties. • Driveway width. • Home occupations. • Motor fuel facility pedestrian access. • Townhouse exterior materials. • Convenience food exterior lighting. • Self-storage facilities within the C-2 District. Mr. Larson presented a handout on Juliana pigs. The Planning Commission made the following comments: • Asked about the demeanor of Juliana pigs. • Asked if Juliana pigs are cross-bred with other pigs that may result in animals much larger than “typical” Juliana pigs. • Expressed concern about impacts on City staff in terms of code enforcement and the ability to differentiate between a Juliana pig and other breeds of pigs in administering allowance of such a specific type of animal. • Suggested Mr. Larson invite a Juliana pig breeder or veterinarian to a future work session to further educate the Planning Commission and staff on Juliana pigs. Planning Commission Work Session Minutes – February 15, 2018 Page 2 • City staff is also to do more research on Juliana pigs and bring back additional information for review and consideration by the Planning Commission at a future work session. Concerning allowance of urban chickens, the Planning Commission made the following comments: • Asked if allowing urban chickens by administrative permit gives the City more weight in enforcing the Zoning Ordinance than if they were allowed as a permitted use. • Noted that no supporters of allowing urban chicken attended tonight’s work session. Mr. Morey will contact individuals that have discussed allowance of urban chicken with City officials and staff to request they attend a future work session discussion on this subject. In addition, Mr. Licht will prepare draft Zoning Ordinance language for discussion at the future work session. The Planning Commission does not support changing the existing ordinance standards for outdoor storage at major automobile repair uses. The Planning Commission acknowledges that temporary outdoor storage of vehicles being repaired is incidental to these businesses. The current ordinance provisions allow the City to address outdoor storage if a specific issue arises based on a complaint. The Planning Commission also expressed concern that screening the outdoor storage area for damaged and inoperable vehicles at major automobile repair businesses could be problematic for police and fire personnel and may make it easier for theft. The Planning Commission concurred that the proposed as-built survey requirement for Shoreland Overlay District CUPs should apply to all CUPs approved that are related to lot requirements. The work session adjourned at 8:04 p.m. Respectfully submitted, Daryl Morey, Planning Director 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. 2 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 3 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: 4  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 5 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. 6 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 1 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 Weeds 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: 2 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: 3 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: 4 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'). 5 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 6 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. 7 (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, 8 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 9 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