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3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
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PLANNING REPORT
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 5 November 2019
RE: Lakeville – Zoning Ordinance; Model home signs
TPC FILE: 135.01
BACKGROUND
Section 11-23-15.X.2.a of the Zoning Ordinance establishes sign allowances for properties used
for model home purposes within developing subdivisions. City staff has encountered questions
as to whether the provision of this section can be interpreted to permit installation of the
allowed signs off-premise from the model home lot. City staff has initiated an amendment to
the Zoning Ordinance to clarify the sign provisions for model homes as applying only to the
model home lot. A public hearing has been noticed for the Planning Commission meeting on
21 November 2019 to consider the proposed Zoning Ordinance amendment.
Exhibits:
Draft Zoning Ordinance amendment
ANALYSIS
Section 11-23-15.X.2 of the Zoning Ordinance, provided below, regulates temporary signs for
developing subdivisions. These provisions were modified on 17 May 2010 to provide for the
current allowance of temporary signs identifying the subdivision at collector and arterial street
frontages and allowance of temporary signs (and flags) at model home lots. This Section of the
Zoning Ordinance was recently amended on 5 August 2019 to allow for the signs to be placed at
the time of preliminary plat approval, not final plat approval as originally adopted in 2010.
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2. Temporary Signs: Additional temporary signs shall be allowed upon
approval of a preliminary plat for a subdivision having not less than three
(3) lots or approval of site and building plans, a conditional use permit, or
an interim use permit for development of one (1) lot provided that:
a. One (1) sign shall be allowed per project or subdivision or one (1)
sign for each frontage to a collector or arterial street, whichever is
greater.
(1) The area of the sign face shall not exceed sixty-four (64)
square feet.
(2) Freestanding signs shall be limited to a maximum height of
eight feet (8').
b. Model homes as provided for by Chapter 27 of this title shall be
allowed the following signs:
(1) One freestanding sign with a sign face not to exceed thirty-
two (32) square feet or a maximum height of eight feet (8').
(2) Not more than three (3) flags with a maximum area of
sixteen (16) square feet per face per flag and maximum
height of twenty-four feet (24') shall be allowed upon lots
within the subdivision.
c. Unless extended by the zoning administrator, the temporary signs
and flags allowed by this section shall only be displayed for a period
not to exceed three (3) years from the date a permit is issued for
the sign or flag or until building permits have been issued for one
hundred percent (100%) of the lots within a final plat or subsequent
phases of the same preliminary plat of a subdivision.
The provision in question is Section 11-23-15.X.2.b of the Zoning Ordinance allowing signs for
model homes. Specifically, a builder is requesting to install the flags allowed by Section 11-23-
15.X.2.b(2) of the Zoning Ordinance to be installed within the subdivision but not on the model
home lot.
The interpretation of City staff and our office is that Section 11-23-15.X.2.a of the Zoning
Ordinance allows for subdivision identification signs to be installed at the perimeter of the
development abutting the subdivision. Section 11-23-15.X.2.b is specific to “Model homes as
provided for by Chapter 27…” indicating the signs are accessory to the development of a lot
within the subdivision for model homes. Moreover, Section 11-23-17.C of the Zoning
Ordinance prohibits the use of the signs allowed by Section 11-23-15.X.2.b of the Zoning
Ordinance as off-premises signs.
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To remove any possible ambiguity regarding the permitted location for signs allowed by Section
11-23-15.X.2.b of the Zoning Ordinance, the following amendment is proposed:
b. Model homes as provided for by Chapter 27 of this title shall be
allowed the following signs to be installed upon the same lot as the
model home:
(1) One freestanding sign with a sign face not to exceed thirty-
two (32) square feet or a maximum height of eight feet (8').
(2) Not more than three (3) flags with a maximum area of
sixteen (16) square feet per face per flag and maximum
height of twenty-four feet (24') shall be allowed upon lots
within the subdivision.
CONCLUSION
The proposed amendment of Section 11-23-15.X.2.b of the Zoning Ordinance will provide a
more definitive statement of sign allowances for model homes and aid City staff in the
administration of the Zoning Ordinance. City staff and our office recommend approval of the
proposed Zoning Ordinance amendment as presented.
c. Justin Miller, City Administrator
Andrea McDowell-Poehler, City Attorney
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 11-23-15.X.2.b of the Lakeville City Code (Signs – General
Provisions) is hereby amended to read as:
b. Model homes as provided for by Chapter 27 of this title shall
be allowed the following signs to be installed upon the same
lot as the model home:
(1) One freestanding sign with a sign face not to exceed
thirty-two (32) square feet or a maximum height of eight
feet (8').
(2) Not more than three (3) flags with a maximum area of
sixteen (16) square feet per face per flag and maximum
height of twenty-four feet (24') shall be allowed upon
lots within the subdivision.
Section 2. This Ordinance shall be effective immediately upon its passage and
publication according to law.
PASSED and ADOPTED by the Lakeville City Council this 2nd day of
December 2019.
CITY OF LAKEVILLE
BY: _______________________
Douglas P. Anderson, Mayor
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ATTEST
BY: ________________________
Charlene Friedges, City Clerk