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3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
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MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 31 January 2020
RE: Lakeville – Zoning Ordinance; 2040 Comprehensive Plan implementation
TPC FILE: 135.01
BACKGROUND
The 2040 Lakeville Comprehensive Plan has been approved by the Metropolitan Council and
adopted by the City Council. City staff has initiated work on implementation of the plan with
updates to the Zoning Ordinance.
A major focus of the implementation effort will be formulation of allowed uses and
development standards for the newly created Corridor Mixed Use (CMU) land use category.
This process has involved a bus tour of regional community examples on 23 July 2019, a
Planning Commission work session on 5 September 2019 and a City Council work session on 23
September 2019 for the purpose of City officials to discuss impressions from the bus tour. City
staff used this information together with the policies of the 2040 Comprehensive Plan and a
2016 multiple family zoning study to prepare an outline of the zoning districts necessary to
implement the CMU land uses that was reviewed at a Planning Commission work session held
on 21 November 2019 and followed by a City Council work session on 25 November 2019.
In addition to the CMU land use related Zoning Ordinance amendments, City staff has made a
comprehensive review of the Zoning Ordinance and prepared performance standards related to
legislating the policies of the 2040 Lakeville Comprehensive Plan for implementation.
Exhibits:
Draft ordinance
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ANALYSIS
CMU Land Uses. The primary use of the CMU land use category is within the Cedar Avenue Bus
Rapid Transit Corridor (Red Line) to provide for future development of high density residential,
mixed use, and commercial land uses in support of planned transit services. The Cedar Avenue
corridor includes not only designation of future CMU land uses, but also low-to-medium,
medium, and medium-to-high residential land uses within ½ mile of Cedar Avenue.
CMU land uses have also been designated on the land use plan as individual locations within
the I-35 corridor based on recommendations of the Economic Development Commission,
Planning Commission, and City Council to identify opportunities for high density residential land
uses within or adjacent to existing and planned commercial uses in proximity to existing and
planned transit facilities within the future Orange Line Bus Rapid Transit extension.
City staff has outlined three proposed zoning districts to implement the CMU land uses as
designated by the 2040 Comprehensive Plan:
M-1 District. The M-1, Mixed Use I-35 Corridor District is to be designated for CMU land
uses adjacent to the I-35 corridor. The proposed district mirrors the allowed uses and
development standards of the C-3, General Commercial District to emphasize the
intended character of the development consistent with surrounding land uses guided
and zoned for commercial land uses. The M-1 District makes allowance for multiple
family dwellings (stand-alone or mixed use buildings) as a conditional use. The
development standards for multiple family dwellings within the proposed M-1 District
are based on those implemented for the recent multiple family residential development
Lee Lake Commercial located at I-35 and CSAH 46 that reflected the recommendations
of the Economic Development Commission and Planning Commission from the 2016
multiple family housing study.
o Development of multiple family dwellings is to be subject to approval of a
conditional use permit. The conditional use permit process allows the Planning
Commission and City Council the ability to review a proposed use at a specific
location with regards to compatibility with surrounding land uses, adequate
access, and adequate utility infrastructure.
o Residential density is to be allowed at 1 dwelling unit per 2,000 square feet with
senior housing allowed to develop at 1 dwelling unit per 1,000 square feet.
o Setbacks are proposed to be the same as required in the C-3 District. A 50 foot
setback for a landscaped buffer yard is to be required where the M-1 District
abuts property zoned RS-1, RS-2, RS-3, or RS-4 District.
o Building height is limited to 4 stories or 48 feet for residential uses and 6 stories
or 65 feet for commercial uses within the M-1 District.
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o Exterior finish materials for both commercial and residential structures (or mixed
use buildings) will be required to meet the same requirements as commercial
structures within the C-3 District to maintain consistency with the character of
existing and planned surrounding uses.
o Off-street parking requirements for commercial uses will be as provided for by
the Zoning Ordinance. Multiple family dwellings will be required to provide 2.5
off-street parking stalls per dwelling unit unless the number of bedrooms per
dwelling unit is 2.0 or less, which would only be required to provide 2.0 stalls per
dwelling unit. A reduction in the number of off-street parking stalls would be
allowed by conditional use permit based on a site-specific traffic study that
considers proximity to transit facilities. A minimum of 1 off-street parking stall is
to be required within an enclosed space either in the form of a garage beneath
the building or a ramp structure attached to the building.
o The M-1 District includes exceptions for affordable housing units from
requirements for exterior building materials, enclosed parking, and open space.
M-2 District. The M-2, Mixed Use Cedar Corridor District is to be designated for sites
adjacent to the Cedar Avenue corridor for CMU land uses.
o Proposed uses include multiple family residential dwellings as a conditional use.
Commercial land uses are similar to the non-automotive oriented uses allowed
in the C-3 District excluding drive through facilities for convenience food uses,
motor fuel facilities, and car washes. Data centers, religious facilities, and
theaters are also not included in the proposed M-2 District.
o There is to be no minimum lot requirements for commercial land uses.
o Residential density is to be allowed to 1 dwelling unit per 1,675 square feet of lot
area consistent with the development character of Avonlea Village Green and
Edison at SBF.
o Setbacks are required to be 30 feet from major collector and arterial streets and
10 feet from local streets, side yards, or rear yards to encourage a building
forward streetscape and maximize the development of individual lots.
o Building height is to be limited to 4 stories or 48 feet, which is the height of the
market rate apartment buildings seen in the Arbor Lakes area of Maple Grove.
o Exterior finish materials for both commercial and residential structures (or mixed
use buildings) will be required to meet the same requirements as commercial
structures within the C-3 District to maintain consistency with the character of
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existing and planned surrounding uses and to maximize sustainability in
consideration of allowed density.
o Off-street parking requirements for commercial uses will be as provided for by
the Zoning Ordinance. Multiple family dwellings will be required to provide 2.0
off-street parking stalls per unit with a minimum of 1 off-street parking stall to
be provided within an enclosed space either in the form of a garage beneath the
building or a ramp structure attached to the building. Surface parking will be
required to be located within a side or rear yard. Reductions in required parking
may be considered by conditional use permit that would be dependent on a
parking demand study for a specific development.
o The proposed M-2 District includes a 160 square foot/dwelling unit open space
requirement for residential uses. The required open space is intended to be
common areas in the form of yards, interior courtyards, or rooftop spaces. The
open space requirement is to be considered further as part of a future update of
the Parks, Trails, and Open Space Plan to evaluate the need for public open
space within the Cedar Avenue corridor based on the land uses now planned
that were not designated when the document was last updated in 2015.
o Implementation of the M-2 District includes local street right-of-way standards
specific to this district (and the RM-3 District outlined below) reflecting the
requirements established for the Spirit of Brandtjen Farm and Avonlea
developments.
o The streetscape within the M-2 District is to include 6 foot concrete sidewalks on
both sides of local streets, boulevard trees, and pedestrian scale street lighting
to promote a pedestrian oriented environment.
o The M-2 District includes exceptions for affordable housing units from the
requirements for exterior finish materials, enclosed parking, and open space.
RM-3 District. City staff has also drafted an outline for a proposed RM-3, Medium
Density Residential District intended to allow for development of detached townhome,
twin-home, row townhome, and back-to-back townhomes within the Cedar Avenue
corridor that are designated for Medium-to-High Density Residential Uses on the 2040
Land Use Plan that is distinguished from the RM-2 District as follows:
o The minimum lot are per unit requirement is reduced from 5,000 square feet per
dwelling unit to 3,800 square feet per dwelling unit to allow for development at
up the maximum density described by the 2040 Comprehensive Plan for the
Medium-to-High Density Residential land use category.
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o Exterior material requirements are to be the same within the RM-3 District as
required within the RM-1, RM-2, and RST-2 Districts with brick/stone required on
all elevations together with use of at least 2 other materials. (with the allowance
of split faced concrete block, cement fiberboard and engineered wood to meet
the brick, stone, stucco requirement on the side and rear elevations).
o Setbacks to major collector and arterial streets are to be reduced from 50 feet to
30 feet. Setbacks to local streets are to be reduced to 10 feet (with 25 feet to a
garage face). The proposed setbacks are consistent with the development
standards established for Spirit of Brandtjen Farm and Avonlea and will increase
the area available for development.
o Streets for RM-3 District development are based on standards reflecting the
requirements established for the Spirit of Brandtjen Farm and Avonlea
developments.
o The streetscape within the RM-3 District is to include 5 foot concrete sidewalks
on both sides of local streets, boulevard trees, and pedestrian scale street
lighting to promote a pedestrian oriented environment.
Areas within the Cedar Corridor designated on the 2040 Land Use Plan guided for Low-
to-Medium and Medium Density Residential land uses will continue to be zoned RST-2,
RM-1, and RM-2 District, respectively. Development of Low-to-Medium and Medium
Density Residential land uses within these existing zoning districts will provide for a
desirable transition from the more intensive transit oriented use nodes guided for CMU
or Medium-to-High Density residential uses adjacent to Cedar Avenue and lower density
areas that exist or are planned in Lakeville to the west (and Farmington to the east).
Residential Density. The allowed residential density for the RH-2 District is proposed to be
revised to from 2,500 square feet to 2,000 square feet per dwelling unit for multiple family
dwellings. For senior housing, the development density is proposed to be revised from 1,500
to 1,000 square feet. These changes provide greater distinction between development
character of the RH-1 Districts and RH-2 District (the RH-2 District also allows 4 story buildings)
and will allow greater opportunity to address the 2016 multiple family housing study site
location recommendations. City staff also wants to discuss changes to the allowed types of
residential dwellings within RST, RM, and RH Districts:
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Efficiency Apartments. Section 11-17-15 of the Zoning Ordinance currently limits the number
of efficiency apartments, other than for senior housing, to 10 percent of the number of units
within a multiple family building. The apartment market is trending towards efficiency, 1
bedroom, and 1+ bedroom units. To better accommodate market conditions, the limit on
efficiency apartments is proposed to be increased to 30 percent of the total number of units
within a multiple family building.
Electric Vehicles. Automakers are moving to increase availability and sales of electric vehicles
within the national fleet in response to increasing fuel economy and pollution control
standards. Sales remain limited to approximately 5 percent of 2019 vehicle sales nationally.
Minnesota is considering adoption of environmental regulations enacted by the State of
California that are more restrictive than Federal standards and will increase the need to expand
use of electric vehicles. A major obstacle in the transition to electric vehicles is the lack of
electric vehicle supply infrastructure accessible to the public. Cities have begun to enact
ordinances related to electric vehicle supply equipment in anticipation of expansion of electric
vehicle use and to facilitate that expansion by encouraging installation of battery charging
facilities. Based on model ordinances developed by the State of Washington and others, City
staff is proposing the following electric vehicle related provisions:
Definitions related to electric vehicles and electric vehicle supply equipment are
proposed to be added to the Zoning Ordinance.
Use of electric vehicle supply equipment for privately defined purposes (homes,
businesses, fleet, etc.) are to be allowed as incidental facilities of accessory off-street
parking areas.
Use of electric vehicle supply equipment for retail purposes are to be regulated the
same as a motor fuel facility within commercial and industrial zoning districts.
Design standards for electric vehicle charging stations are proposed to specify location,
access, dimensions and operational hours for publicly accessible battery charging
stations.
The provisions include recommendations for parking areas to provide the following
number of electric vehicle parking stalls equipped with a battery charging station:
o Slow rate battery charging stations equal to 5 percent of the total number of
parking stalls for multiple family uses.
o Slow rate battery charging stations equal to 10 percent of the total number of
parking stalls for commercial, industrial, and institutional uses.
o One medium rate battery charging station for all uses.
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o One disability accessible battery charging station for all uses.
Residential Shelters. The Planning Commission work session on 9 January 2020 included
discussion of a potential senior housing with services use to be developed on three lots zoned
RS-2 District. Under the current provisions of the Zoning Ordinance, State licensed residential
care facilities are a permitted use within single family residential districts limited to 6 residents
per lot, whereas the proposed facility would serve up to 16 people per building (or 48 people
on the three abutting lots). The current zoning ordinance would allow the proposed use to
locate as a permitted use within an RM or RH District and within the O-R, C-1, C-2, C-3 and C-
CBD Districts by conditional use permit.
As outlined by Associate Planner Frank Dempsey in a memorandum to the Planning
Commission dated January 3, 2020, the proposed use within a residential neighborhood raises
issues of compatibility with existing and planned surrounding land uses, access, and traffic
generation. Example facilities referenced by the developer included stand-along facilities in
single family neighborhoods within Eagan and Rosemount and a group of facilities on separate
lots under common management in Woodbury. Allowance of these facilities in the other cities
was by conditional use permit but without listing of specific performance standards applicable
to the use.
The Planning Commission expressed interest providing opportunity for senior assisted housing
such as proposed to be located within residential neighborhoods. Section 11-33-5 of the Zoning
Ordinance establishes provisions for specialized housing adopted in 2000 intended to
accommodate facilities that are outside of residential care facilities defined by State Statute.
These facilities are allowed by interim use permit in all residential zoning districts. City staff
recommends that these provisions be modified to include senior assisted housing as an allowed
facility up to 6 persons. City staff further recommends consideration of a separation
requirement between residential shelters to minimize the scale and impact within a single
neighborhood at least on an initial basis until the operation and characteristics of these
facilities are demonstrated to be compatible with surrounding uses in a residential setting.
Solar. The City has been approached with questions about allowance of solar panels mounted
above off-street parking stalls within commercial and industrial areas. Placement of solar
panels in this manner in the south and southwest where canopies are used for shade within off-
street parking areas is common and use of these structures for solar installation is increasing.
City staff has drafted language to allow installation of solar panels either as a canopy or affixed
to a canopy structure above off-street parking as an accessory use for mixed use, commercial,
industrial, and institutional uses. These standards require that the canopy be setback from
public rights-of-way, be constructed of a base and facia (where applicable) consistent with that
of the principal building, and include maximum height and minimum clearance standards.
Other Amendments: City staff is proposing a number of additional housekeeping type
amendments to the City Code, Subdivision Ordinance, and Zoning Ordinance to facilitate day-
to-day administration and ease of use:
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Length of grass. City staff proposes to exempt outlots and undeveloped properties 1
acre in area or larger from the limits on grass length established by Section 4-1-3 of the
City Code provided that the property is maintained to prevent noxious weeds.
Final Plat Extensions. Section 10-2-3.F of the Subdivision Ordinance requires all phases
of a preliminary plat to have been final platted within 2 years unless an extension is
approved by the City Council. City staff proposes to allow for a 1 year extension
approved by the Zoning Administrator so as to expedite at least the first extension
request.
Condominiums Condominium forms of ownership are subject to the provisions of the
City’s development regulations. The Subdivision Ordinance currently does not address
review and approval of condominiums even though these have the effect of subdividing
property. City staff is proposing to add a review process for City approval of
condominiums to allow opportunity to verify compliance with the Zoning Ordinance and
Subdivision Ordinance. The proposed review process for condominium applications
would follow that of final plats requiring a recommendation of the Planning Commission
only if referred by the Zoning Administrator prior to City Council consideration.
Definitions:
o The definition of animal feedlot is to be revised to eliminate mink ranches
consistent with the list of prohibited animals set forth in Section 11-35-3.I of the
Zoning Ordinance.
o The definition of townhouse has been expanded to include dwellings having
separate entrances but attached by common floors and ceilings in addition to
walls to address stacked units such as those under construction at Springs of
Lakeville or contemplated by the SBF PUD District booklet.
o The definition of a fitness center has been modified to include uses that provide
instructional classes such as Anytime Fitness, Orange Therapy, or Snap Fitness.
The scale of fitness centers is regulated within individual zoning districts to
address potential operational characteristics related to the size of these facilities.
Appeals. Recently, in the case of Schultz v. Town of Duluth, the Minnesota Supreme
Court upheld a city’s authority to enact, via the City Code, the ability to limit the time to
appeal a City’s zoning decisions to the district court. In a footnote, the court says that
the city ordinance’s 30-day limit on appeals is enforceable. The City Attorney
recommends modifying the Zoning Ordinance ordinances to limit time to appeal city
decisions related to amendments, conditional use permits, interim use permits,
variances, and administrative permits.
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Building Height. The City has processed several conditional use permit applications
recently to allow for crosses on church buildings to exceed the building height limit of
the respective zoning district. Section 11-17-7.D.2 of the Zoning Ordinance currently
exempts church spires from building height limits. City staff recommends modifying this
provision to include crosses mounted on the principal building as also being exempt.
Accessory Structures:
o Greenhouses with glass walls and roof are added to allowed accessory buildings
within Section 11-18-7.A.2 of the Zoning Ordinance. This change will aid code
enforcement staff in administration of accessory building materials addressing
temporary structures or substandard exterior materials.
o Reference to the building type and construction standards for accessory
buildings in Section 11-17-9.F.8 of the Zoning Ordinance is proposed to be
modified to increase the area of a regulated building from 150 to 200 square feet
to be consistent with the area of a building requiring a permit under the Building
Code.
o The minimum area of an attached garage for a single family dwelling constructed
with a slab-on-grade foundation is to be increased from 480 square feet to 540
square feet consistent with the requirements for a detached townhouse.
o The Zoning Ordinance includes provisions allowing certain lots within the RS-1,
RS-2, and RS-3 District to have an attached garage up to 1,250 square feet when
the above ground floor area of the dwelling is more than 2,000 square feet. To
ease understanding and implementation of the allowance, City staff proposes to
make this provision applicable to all lots within the RS-1, RS-2, and RS-3 District.
The provision is also to be relocated within the City Code to the section
addressing attached garages versus the overall limits for accessory buildings for
easier reference.
o Section 11-18-9.E of the Zoning Ordinance addresses the required exterior
design and materials for accessory buildings using language open to
interpretation. To reduce the potential for conflict over interpretation of this
section, City staff proposes to provide more specific architectural criteria and
reference the allowed building materials for residential structures.
Bagsters/Dumpsters. Use of temporary waste containers is becoming a common
occurrence for residential construction projects or cleaning/downsizing. Section 11-18-
11.E of the Zoning Ordinance addresses waste containers for regular trash and recycling
collection. To avoid potential nuisance issues, City staff proposes to include standards
allowing temporary refuse containers for either a 30 day period or the duration of a
permitted construction improvement.
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Community Gardens. City staff recommends adding community gardens as an
accessory use within residential districts for institutional uses. The proposed mixed use
districts also include community gardens as a permitted accessory use.
Residential Parking. City staff is proposing changes to the provisions for residential
parking. Currently the Zoning Ordinance prohibits commercial vehicles from being
parked on residential property. This language prohibits parking of vehicles that may be
undistinguishable from passenger vehicles based on size and weight. City staff
proposes to regulate residential parking based on Federal Highway Administration
vehicle weight classification and gross vehicle weight to exclude vehicles larger than
heavy-duty pickups and SUVs from residential lots. Parking of recreational vehicles is
regulated separately as an accessory use in Chapter 18 of the Zoning Ordinance and not
proposed to be amended.
Off-Street Parking Number of Stalls Required. City staff is proposing amendments to
the table specifying the required number of off-street parking stalls based on use either
to reflect current practices (multiple family dwellings) or modify/eliminate uses not
included in the Zoning Ordinance. City staff is further researching the options for
reducing guest off-street parking requirements for RST, RM, and RH uses and
establishing a new parking requirement for off-site service businesses. Information
regarding these potential changes will be provided at a future meeting.
Off-Street Loading. Chapter 20 of the Zoning Ordinance establishes provisions requiring
uses to provide loading areas and addressing performance standards regarding location,
surfacing, screening, size, and circulation. The Zoning Ordinance currently requires a
specified number of loading areas for multiple family residential, commercial, and
industrial uses. Designation of loading areas for multiple family residential uses for
moving purposes or commercial uses for delivery of goods is most often integrated as
part of the overall site plan and managed by the property owner. Loading areas for
industrial uses is determined based upon the operational needs for the specific
business. City staff has revised Chapter 20 of Zoning Ordinance to eliminate the
requirement for a minimum number of loading areas based on use or building area and
revised performance standards related to location, access and circulation, and screening
to ensure functional site plans and operations that will not impact adjacent properties
or public streets.
Fences:
o Provisions stating the approvals required for fences have been revised to provide
clearer direction as to when a fence is subject to Zoning Administrator or
Building Official review.
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o A requirement is proposed to be added for a lock box to be installed for gates
crossing site accesses.
Landscaping. City staff, including the City Forester, have reviewed the technical
elements of the landscape provisions of the Zoning Ordinance and proposed
amendments to reflect best practices for type, size, and location of plantings.
Residential Buffer Yards.
o The minimum width requirement for lots in the RST-1 and RST-2 District abutting
major collector and arterial streets are proposed to be reduced from 110 feet to
95 feet so as to be consistent with the requirements of the RS-4 District, which
are the same requirements for single family lots within the RST-1 District and
RST-2 District.
o To increase the usability of residential buffer yards, City staff proposes allowing
detached accessory structures to locate on the interior side of the landscaping
and slope of a residential buffer yard as is currently allowed for fences.
Signs:
o Uses within the C-CBD District will not be allowed to have a freestanding sign
consistent with the desired building forward and pedestrian streetscape
character for Downtown Lakeville.
o Uses within the M-1 District will be allowed the same signs as provided for in the
C-2 and C-3 Districts.
o Uses within the M-2 District will be allowed the same signs as provided for in the
C-CBD District.
o Vacant lots offered for sale not allowed a sign within an approved preliminary
plat will be allowed a sign without a permit the same as developed lots. The sign
allowed is 12 square feet for single family, two-family and townhouse uses, 32
square feet for multiple family or intuitional uses, and 64 square feet for
commercial or industrial properties.
Uses. The following changes to uses within various zoning districts are proposed by City
staff:
o Code Enforcement staff has asked that a clarification for gardens to be used only
for non-commercial purposes be added to the Zoning Ordinance. Gardens for
produce not offered for sale is to be added as a permitted accessory use within
the RS, RST, and RM Districts.
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o Single family dwellings are proposed to be removed as a permitted use from the
RST-2 District (except as required as a transitional land use).
o Banquet facilities are to be added as a permitted use within the M-1, M-2, C-2, C-
3, C-CBD Districts.
o Liquor sales for banquet facilities, private clubs and lodges, and restaurants are
specified to include only on-sale liquor.
o Office uses are defined separately as general offices and medical offices so as to
remove medical offices from locating within the I-1 or I-2 Districts.
o Within the C-CBD District, major auto repair is to be removed as a conditional
use as not consistent with the desired character for Downtown Lakeville. The
performance standards for convenience restaurants within the C-CBD District are
also proposed to be modified to eliminate allowance of drive through windows
and remove landscape requirements more applicable to the character of
development outside of Downtown Lakeville.
CONCLUSION
City staff has prepared ordinance amendments related to update of the City’s development
regulations for implementation of the 2040 Lakeville Comprehensive Plan and related matters.
A work session has been scheduled for the Planning Commission meeting on 6 February 2020
and the City Council on 24 February to review and discuss the proposed amendments. City
staff is seeking comment on the proposed amendments prior to finalizing the language for
consideration at a public hearing and recommendation to the City Council.
c. Justin Miller, City Administrator
David Olson, Community and Economic Development Director
Zachary Johnson, City Engineer
Andrea McDowell-Poehler, City Attorney
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ORDINANCE NO. _____
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Section 4-1-3 of the City Code (Nuisances – Length of Weeds and Grass) is
hereby amended to read as follows:
4-1-3: LENGTH OF WEEDS AND GRASS:
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 shall be declared a public nuisance and
is prohibited on the following properties:
1. On any lot with a building.
2. On any lot, outlot, or parcel one less than (1) acre in area without a building.
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. The following properties shall be exempt from the limit on the length of grass
established by section 4-1-3.A of this title provided the property is maintained to the extent
required prevent growth of noxious weeds:
1. Undeveloped lots, outlots, and parcels with a contiguous area of more than one
(1) acre.
2. Any privately or publicly owned land encumbered by a stormwater basin,
drainageway, wetland, wetland buffer or public water.
3. Parks, natural areas and other properties owned by the City of Lakeville.
4. Public rights-of-way maintained by the State, County, or City.
C. After giving the owner or occupant of a lotproperty not in compliance with the length
limitation for grass and weeds seven (7) days' advance written notice of the
noncompliance, the City may cut, or cause to be cut, the grass and weeds and may assess
the cost against the property in accordance with Minnesota Statutes section 429.061.
D. The zoning administrator may provide additional exceptions from the requirements of this
section where the physical characteristics and conditions make property maintenance
prohibitive or where such actions may result in erosion.
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Section 2. Section 10-1-6 of the Subdivision Ordinance (Definitions) is hereby amended
to add following definitions:
SUBDIVISION: The separation of an area, parcel or tract of land under single ownership into two (2)
or more parcels, tracts, lots or long term leasehold interests where the creation of the leasehold
interest necessitates the creation of streets, roads or alleys for residential, commercial, industrial or
other use or any combination thereof, and condominiums pursuant to Minnesota Statutes 515A, except
those separations:
A. Where all the resulting parcels, tracts, lots or interests will be twenty (20) acres or larger in
size and five hundred feet (500') in width for residential uses and five (5) acres or larger in size
for commercial and industrial uses;
B. Creating cemetery lots;
C. Resulting from court orders or the adjustment of a lot line by the relocation of a common
boundary.
Section 2. Section 10-2-3.F of the Subdivision Ordinances (Final Plat - Procedures) is
hereby amended to read as follows:
F. Recording Final Plats Of Multiphased Plats:
a. If a preliminary plat is final platted in stages unless otherwise provided in the
development contract, all stages must be final platted into lots and blocks, not outlots,
within two (2) years after the preliminary plat has been approved by the city council or
the preliminary plat of all phases not so final platted within the two (2) year period shall
be void unless an extension is approved in accordance with Section 11-2-3.F.b of this
title.
b. A request for time extension to record a final plat of a multiphased plat shall be
submitted in writing to the zoning administrator prior to the expiration of the two (2)
year period.
(1) A request for an additional one (1) year extension to record the final plat may
be approved by the zoning administrator.
(2) A request for an extension beyond an additional (1) year from the date to
record a final plat shall be subject to approval by the city council.
Section 3. Chapter 2 of the Subdivision Ordinance (Procedures for Filing and Review) is
hereby amended to add following provisions with subsequent sections renumbered accordingly:
10-2-3: CONDOMINIUM: Minnesota Statutes 515.A.1-106 makes applicable the
requirements and standards of the Subdivision Ordinance, Zoning Ordinance, and City Code to
the condominium form of property ownership subdivision. A proposed condominium shall be
subject to the following provisions:
A. Application. An application for a condominium shall be approved or denied within sixty
(60) days from the date of its official and complete submission unless a time waiver is
granted by the applicant.
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B. Review: A request for condominium approval, as provided within this title, shall be filed
with the zoning administrator on an official application form. Unless modified by the zoning
administrator, such application shall be accompanied by a fee as provided for by city
council resolution. Such application shall also be accompanied by detailed written and
graphic materials fully explaining the proposed condominium. The request shall be
considered as being officially submitted when all the information requirements are
satisfied. In cases where an application is judged to be incomplete, the zoning
administrator shall notify the applicant, in writing, within ten (10) days of the date of
submission.
C. Zoning Administrator Recommendation:
1. Five (5) copies shall be submitted to the zoning administrator of the following
information regarding the condominium, including:
a. All information outlined in section 10-3-3 of this title as determined
applicable by the Zoning Administrator.
b. Proposed declaration and bylaws prepared in accordance with Minnesota
Statues 515.A.2, as may be amended.
2. The zoning administrator shall examine the condominium and prepare a
recommendation as to approval, disapproval or any delay in decision of the
condominium, which recommendation shall be conveyed to the subdivider prior to
review by the city council.
3. The city council may refer the condominium plat to the planning commission for
review.
D. Approval Of The City Council:
1. The condominium, together with the recommendations of the planning commission
(when applicable) and the zoning administrator shall be submitted to the city
council for approval.
2. If accepted, the condominium shall be approved by resolution, providing for the
acceptance of all agreements for basic improvements, public dedication and other
requirements as indicated by the city council.
3. If disapproved, the grounds for any refusal to approve a condominium shall be set
forth in the proceedings of the council and reported to the person or persons
applying for such approval within ten (10) days of the city council's action.
E. Special Assessments: When any existing special assessments which have been levied
against the property described shall be divided and allocated to the respective units in the
proposed condominium, the city administrator shall estimate the clerical cost of preparing
a revised assessment roll, filing the same with the county auditor, and making such
division and allocation, and upon approval by the council of such cost, the same shall be
paid to the city clerk before the condominium approval.
F. Recording: If the condominium is approved by the city council, the subdivider shall record
it with the county recorder within one hundred (100) days after said approval or approval
4
of the condominium shall be considered void, unless a request for time extension is
submitted in writing and approved by the city council. The subdivider shall, immediately
upon recording, furnish the city clerk with evidence of the recording. No building permits
shall be let for construction of any structure on any lot in said condominium plat until the
city has received evidence of the condominium plat being recorded by the county.
G. Amendments. Amendments to the declaration of an existing condominium or further
subdivision of units within an existing condominium shall be subject to review and approval
of the city council in accordance with the provisions of this section.
Section 4. Section 10-4-3.H.1 of the Subdivision Ordinances (Design Standards –
Streets and Alleys) is hereby amended to read as follows:
1. Concrete sidewalks shall be installed along one side of all local streets (not including
cul-de-sacs) within residential district plats and along both sides of local streets within
commercial and mixed use district plats and along both sides of minor collector streets
designated by the city's transportation plan. All sidewalks shall have a minimum width
of five feet (5') except sidewalks in commercial plats, which shall have a minimum
width of eight feet (8').
Section 5. Section 10-4-3.P of the Subdivision Ordinances (Design Standards – Streets
and Alleys) is hereby amended to read as follows:
P. Street Right Of Way Widths: Unless approved by the city engineer to match existing adjacent
right of way, street right of way widths shall conform to the following standards:
Function Classification
Right Of Way Without
Trails/Sidewalks
Right Of Way With
Trails/Sidewalks
A-Minor expander n/a 150 feet
A-Minor collector n/a 150 feet
A-Minor reliever n/a 100 feet
B-Minor arterial n/a 120 feet
Major collector 80 feet 100 - 120 feet
Minor collector 66 feet 80 feet
Local commercial/
industrial
80 feet 80 feet1
Local residential 60 feet 6660 feet
Local mixed use n/a 50 feet
Section 6. Section 11-2-3 of the Zoning Ordinance (Definitions) is hereby amended to
add following definitions:
5
ELECTRIC VEHICLE RELATED:
A. Battery Charging Station: An electrical component assembly or cluster of component
assemblies designed specifically to charge batteries within electric vehicles.
B, Battery Electric Vehicle (BEV): Any vehicle that operates exclusively on electrical
energy from an off-board source that is stored within the vehicle’s batteries, and
produces zero exhaust emissions or pollution when operating.
C. Charging Levels: The standardized indicators of electrical voltage at which an electric
vehicle’s batteries are recharged. The terms 1, 2, and 3 are the most common electric
vehicle charging levels and include:
1. Level 1 is considered slow charging using 120 volt outlets.
2. Level 2 is considered medium charging using 240 volt outlets with the charging
head and cord hard-wired to the circuit.
3. Level 3 is considered rapid charging using Direct Current with greater than 240
voltage.
D. Electric Vehicle (EV): A vehicle that operates, either partially or exclusively, on electrical
energy from the electrical grid or an off-grid source, that is stored on-board for motive
purposes, which includes the following:
1. Battery Electric Vehicle.
2. Plug-in Hybrid Electric Vehicle.
E. Electric Vehicle Charging Station (EVCS): A public or private parking stall that is served
by battery charging station equipment that has as its primary purpose the transfer of
electric energy to a battery in an electric vehicle, which are further defined as:
1. Private: Privately or public owned with restricted access to the general public.
2. Public: Publicly owned and accessible to the public or privately owned and
accessible to visitors of the use to which the charging station is accessory.
F. Electric Vehicle Supply Equipment: Any equipment or component used in charging
electric vehicles not including equipment integral with the electric vehicle.
G. Electric Vehicle Infrastructure: Any component, conduit, equipment, machinery,
structures, and wiring necessary to support an electric vehicle, including battery charging
stations and rapid charging stations.
H. Electric Vehicle Parking Stall: Any marked parking stall that identifies the use to be
exclusively for parking of an electric vehicle.
I. Electrical Capacity:
1. Panel capacity to accommodate a dedicated branch circuit and service capacity
to install a 208/240v outlet per charger.
6
2. Conduit from an electrical panel to future electric vehicle charging station
location(s).
J. Plug-In Hybrid Electric Vehicle (PHEV): An electric vehicle that:
1. Contains an internal combustion engine and also allows power to be delivered to
drive wheels by an electric motor.
2. Charges its battery primarily by connecting to an off-board electrical source.
3. May additionally be able to sustain battery charge using an on-board internal
combustion driven generator.
4. Has the ability to travel by electric power only.
K. Rapid Charging Station: An industrial grade electrical outlet that allows for faster
charging of electric vehicle batteries through higher power levels.
Section 7. Section 11-2-3 of the Zoning Ordinance (Definitions) is hereby amended to
revise the following definitions:
ANIMAL FEEDLOT: A lot or building or combination of lots and buildings intended for the confined
feeding, breeding, raising, or holding of animals and specifically designed as a confinement area
in which manure may accumulate, or where the concentration of animals is such that a vegetative
cover cannot be maintained within the enclosure. Open lots used for feeding and rearing of poultry
(poultry ranges), and barns, dairy farms, swine facilities, beef lots and barns, and horse stalls,
mink ranches and zoos, shall be considered to be animal feedlots. Pastures shall not be
considered animal feedlots.
COMMERCIAL USE: The principal use of land or buildings for the sale, lease, rental or trade of
products, goods, and services, including, but not limited to, the following unless specifically defined by
this title:
A. Office Business(General): An establishment located within a building or portion of a building
for the conduct of business activities involving predominantly professional, or administrative or
medical service operations including attorneys, financial advisors, consultants, insurance,
outpatient health services and other uses of similar character.
B. Office (Medical): An establishment located within a building or portion of a building for the
conduct of business activities involving predominantly professional medical or dental service
operations outpatient health services and other uses of similar character.
BC. Restaurant (Convenience): An establishment that serves food and/or beverages, in or on
disposable or edible containers, for consumption on or off premises, including drive-in
restaurants, and including drive-through facilities.
CD. Restaurant (General): An establishment which serves food in or on nondisposable dishes to
be consumed primarily while seated at tables or booths within the building.
7
DE. Retail Business: An establishment engaged in the display and sale of products produced off
site directly to consumers within a building or portion of a building, excluding any exterior
display and sales.
EF. Service Business (Off Site): A company that provides labor, maintenance, repair and activities
incidental to business production or distribution where the service is provided at the customer's
location, including delivery services, catering services, plumbing and sewer services, and
other uses of similar character.
FG. Service Business (On Site): An establishment that provides labor, maintenance, repair and
activities incidental to business production or distribution where the customer patronizes the
location of the operation, such as banks, copy centers, barber/beauty salons, tanning salons,
laundromats, dry cleaners, funeral homes and mortuaries, animal grooming, appliance repair,
tailor shops, travel bureaus.
DWELLING, TOWNHOUSES: Structures housing three (3) or more dwelling units contiguous to
each other only by the sharing of one or more common walls, floors, or ceilings with each unit
having a separate entrance/exit, such structures to be of the townhouse or row house type as
contrasted to multiple-family dwelling apartment structures.
FITNESS CENTER: A business that provides strength machine and cardiovascular exercise
stations within a circuit training program, usually for the benefit of its membership, excluding any
and all which may include group classes, hot tubs, saunas, and competitive sports facilities.
LOT WIDTH: For lots of record and preliminary platted lots having legal standing on January 1,
1994, "lot width" shall mean the minimum required horizontal distance between the side lot lines
measured at right angles to the lot depth, at the front setback line. For cul-de-sac lots or other lots
of record created after January 1, 1994 where the front lot line is a curve or irregular line, "lot
width" shall mean the minimum required horizontal distance between the side lot lines, measured
along a straight line at the midpoint of the front setback line.
RESIDENTIAL FACILITY, STATE LICENSED: Any residential care program, defined by
Minnesota statutes section 245A.02 and licensed by the State of Minnesota, subdivision 14, that
provides twenty four (24) hour a day care, supervision, food, lodging, rehabilitation, training,
education, habilitation, or treatment outside a person's own home, including a nursing home or
hospital that receives public funds, administered by the commissioner of the department of human
services to provide services for five (5) or more persons whose primary diagnosis is mental
retardation or a related condition or mental illness and who do not have a significant physical or
medical problem that necessitates nursing home care; a program in an intermediate care facility
for four (4) or more persons with mental retardation or a related condition; a nursing home or
hospital that was licensed by the commissioner of the department of human services on July 1,
1987, to provide a program for persons with a physical handicap that is not the result of the normal
aging process and considered to be a chronic condition; and chemical dependency or chemical
abuse programs that are located in a hospital or nursing home and receive public funds for
providing chemical abuse or chemical dependency treatment services under Minnesota statutes
254B. Residential programs include home and community based services for persons with mental
retardation or a related condition that are provided in or outside of a person's own home.
RESIDENTIAL SHELTER: A facility providing short term housing, food, and protection for
individuals for purposes such as chemical dependency treatment, domestic abuse, senior
assisted housing with services or memory care, but, not including state licensed residential care
facilities, community correctional facilities, daycare facilities, hotels, or motels, or nursing homes.
8
Section 8. Section 11-3-3 of the Zoning Ordinance (Amendments - Procedure) is
hereby amended to add the following provision with subsequent sections renumbered
accordingly:
N. All decisions made by the City regarding an amendment shall be final, except that any
aggrieved person shall have the right to appeal within thirty (30) days after delivery of the
decision to the appellant, to the District Court in Dakota County. Any person seeking
judicial review under this ordinance must serve the City and all necessary parties,
including any landowners, within the thirty (30) day period defined above.
Section 9. Section 11-4-3 of the Zoning Ordinance (Conditional Use Permits -
Procedure) is hereby amended to add the following provision with subsequent sections
renumbered accordingly:
M. All decisions made by the City regarding a conditional use permit shall be final, except
that any aggrieved person shall have the right to appeal within thirty (30) days after
delivery of the decision to the appellant, to the District Court in Dakota County. Any person
seeking judicial review under this ordinance must serve the City and all necessary parties,
including any landowners, within the thirty (30) day period defined above.
Section 10. Section 11-6-7.B.2.of the Zoning Ordinance (Variances – Procedure; Major
Variances) is hereby repealed.
p. Whenever an application for a major variance has been considered and
denied by the board, a similar application for a variance affecting
substantially the same property shall not be considered again by the
planning commission or board for at least six (6) months from the date of
its denial; and a subsequent application affecting substantially the same
property shall likewise not be considered again by the planning commission
or board for an additional six (6) months from the date of the second denial
unless a decision to reconsider such matter is made by a four-fifths (4/5)
vote of the full board.
Section 11. Section 11-6-7.B of the Zoning Ordinance (Variances - Procedure) is
hereby amended to add the following provisions:
3. All decisions made by the City regarding a variance shall be final, except that any
aggrieved person shall have the right to appeal within thirty (30) days after delivery
of the decision to the appellant, to the District Court in Dakota County. Any person
seeking judicial review under this ordinance must serve the City and all necessary
parties, including any landowners, within the thirty (30) day period defined above.
4. Whenever an application for a variance has been considered and denied by the
board, a similar application for a variance affecting substantially the same property
shall not be considered again by the planning commission or board for at least six
(6) months from the date of its denial; and a subsequent application affecting
substantially the same property shall likewise not be considered again by the
planning commission or board for an additional six (6) months from the date of the
9
second denial unless a decision to reconsider such matter is made by a four-fifths
(4/5) vote of the full board.
Section 12. Section 11-7-9 of the Zoning Ordinance (Appeals - Procedure) is hereby
amended to add the following provision:
E. All decisions made by the City regarding an appeal shall be final, except that any
aggrieved person shall have the right to appeal within thirty (30) days after delivery of the
decision to the appellant, to the District Court in Dakota County. Any person seeking
judicial review under this ordinance must serve the City and all necessary parties,
including any landowners, within the thirty (30) day period defined above.
Section 13. Section 11-17-15 of the Zoning Ordinance (Efficiency Apartments) is
hereby amended to read as follows:
11-17-15: EFFICIENCY APARTMENTS:
Except for senior housing, the number of efficiency apartments in multiple-family dwellings shall
not exceed one (1) unit or ten percent (10%) of the total number of dwelling units in the building,
whichever is greater. In the case of senior housing, efficiency apartments shall not exceed thirty
percent (30%) of the total number of apartments.
Section 14. Section 11-17-7.D.2 of the Zoning Ordinance (Building Height –
exemptions) is hereby amended to read as follows:
2. Church spires and crosses as an element of the principal building.
Section 15. Section 11-17-9.C of the Zoning Ordinance (Building Type and
Construction – Residential Uses) is hereby amended to read as follows:
C. Residential Uses:
1. The primary exterior building finish for residential uses shall consist of grade A, B,
C, D, E and/or F materials.
2. Required use of exterior building materials for buildings within the RST-2, RM-1,
RM-2, RM-3, RH-1 and RH-2 Districts shall be as set forth by the respective zoning
districts.
3. Required use of exterior building materials for buildings within the M-1 and M-2
Districts shall be as provided for by Section 11-17-9.D.1 of this Title.
Section 16. Section 11-17-9.F.8.a of the Zoning Ordinance (Building Type and
Construction – Accessory Structures) is hereby amended to read as follows:
a. Except in the A-P and RA Zoning Districts, all accessory buildings in excess
of one hundred twenty (120)two hundred (200) square feet that are
accessory to residential dwelling units shall be constructed with a design
10
and exterior building materials consistent with the general character of the
principal structure on the lot.
Section 17. Section 11-18-7.A.2 of the Zoning Ordinance (Accessory Uses – Single
Family Attached and Detached Accessory Uses) is hereby amended read as follows:
2. One (1) play equipment structure, open-sided structure, or gazebo enclosed only
by screening or clear windows, or greenhouse only with glass walls and roof
having a footprint less than two hundred (200) square feet shall be allowed in
addition to the number of accessory buildings allowed by subsection A1 of this
section.
Section 18. Section 11-18-7.D.2.a of the Zoning Ordinance (Accessory Uses – Single
Family Attached and Detached Accessory Uses) is hereby amended read as follows:
a. The mMinimum floor area of an attached garage shall be four hundred
eighty (480) square feet.:
(1) For dwellings with basements: Four hundred eighty (480) square
feet.
(2) For dwellings without basements: Five hundred forty (540) square
feet.
Section 19. Section 11-18-7.D.3 of the Zoning Ordinance (Accessory Uses – Single
Family Attached and Detached Accessory Uses) is hereby amended read as follows:
3. Floor area:
a. The maximum floor area of an attached garage shall be one thousand
(1,000) square feet except allowed by Section 11-18-7.D.3.b of this title.
b. The maximum floor area of an attached garage for a single-family dwelling
with an above grade finished floor area of more than two thousand (2,000)
square feet within the RS-1, RS-2, and RS-3 District shall be one thousand
two hundred fifty (1,250) square feet.
c. The area of the attached garage shall comply with the limitations specified
in Section 11-18-9.D.1 of this Title.
Section 20. Section 11-18-9.D of the Zoning Ordinance (Accessory Uses – Area
Limitations) is hereby amended to read as follows:
1. Except for agricultural buildings on farms, as provided for by subsection D2 of this
section, or as expressly permitted by conditional use permit, the combination of
accessory buildings and garages shall not exceed either of the following area
limitations per unit or the total gross floor area of the principal structure, whichever
is least:
11
Zoning District Use
Percentage Of
Minimum Lot Area
That
May Be Occupied By
The Accessory
Building
Maximum
Combined
Allowable
Floor Area Per
Unit
(Square Feet)
A-P All uses Not applicable Not applicable
RA Single-family 2 percent 8,712
RS-1 Single-family 10 percent 2,000
RS-2 Single-family 10 percent 1,500
RS-3 Single-family 10 percent 1,100 (interior lot)
1,250 (corner lot)
1,500
RS-4 Single-family 10 percent 1,100 (interior lot)
1,250 (corner lot)
RS-CBD Single-family 10 percent 840 (interior lot)
1,008 (corner lot)
RST-1 Single-family 10 percent 1,500
Two-family 10 percent 750
RST-2 Single-family 10 percent 1,100 (interior lot)
1,250 (corner lot)
Detached
townhomes
10 percent 750
Two-family 10 percent 750
RM-1, and RM-2, and
RM-3
Single-family 10 percent 1,100 (interior lot)
1,250 (corner lot)
Two-family 10 percent 750
Townhouse 10 percent 750
RH-1 and RH-2 Single-family 10 percent 1,100 (interior lot)
1,250 (corner lot)
Two-family 10 percent 750
Townhouse 10 percent 750
2. For lots in the RA district and for lots of record in the RS-1, RS-2, and RS-3 districts
created after January 1, 1994, and lots of record existing before January 1, 1994,
in the RS-1, RS-2 and RS-3 districts one acre or larger, a garage attached to the
principal building shall not exceed the following:
12
a. Single-family homes with an above grade finished floor area of more than
two thousand (2,000) square feet are permitted the following:
(1) A maximum attached garage area of one thousand two hundred
fifty (1,250) square feet.
(2) A detached accessory building area of not more than two hundred
(200) square feet is permitted in addition to the attached garage
area provided for by subsection D2a(1) of this section.
(3) Attached garages on lots of record created after January 1, 1994,
and pre-1994 lots greater than one acre may exceed one thousand
two hundred fifty (1,250) square feet by conditional use permit
subject to the provisions listed in section 11-18-5 of this chapter.
32. Storage spaces located directly below attached garages shall not be considered in
determining allowable accessory building floor area.
Section 21. Section 11-18-9.E of the Zoning Ordinance (Accessory Uses – Exterior
Building Material) is hereby amended to read as follows:
E. Exterior Building Material: The same or similar design and quality and scale of exterior
building materials as allowed by section 11-17-9.C of this title shall be used in the for all
accessory buildings as in the principal building related to siding color, texture, roof pitch,
etc., except as may be allowed by conditional use permit for structures accessory to public
and quasi-public uses. All accessory buildings shall also be compatible with the principal
building on the lot. "Compatible" means that the exterior appearance of the accessory
building is not at variance with the principal building from an aesthetic and architectural
standpoint as to cause:
1. A difference to a degree to cause incongruity.
2. A nuisance.
Section 22. Section 11-18-11.E of the Zoning Ordinance (Waste and Recycling Storage
and Containers) is hereby amended to add the following provisions:
4. Temporary bulk refuse receptacles:
a. Temporary use of a container sixty (60) gallons in volume or larger shall be
allowed for a period of not more than thirty (30) days within a twelve (12)
month period unless extended by Zoning Administrator for properties with
open building permits for the duration of construction only.
b. Temporary refuse containers shall be located in the front yard upon an
improved driveway setback a minimum of twenty (20) feet from the back of
curb or within a side or rear yard subject to principal building setbacks.
13
Section 23. Section 11-18-15 of the Zoning Ordinance (Community Gardens) is hereby
amended to read as follows:
11-18-15: COMMUNITY GARDENS:
Community gardens shall be allowed as a permitted accessory use for institutional uses within
residential districts and within the M-1, M-2, C-2, C-3, C-CBD, O-P, I-1, I-2, P-OS and I-CBD districts
subject to the following provisions:
A. The community garden shall be located within an interior side or rear yard.
B. The community garden shall comply with the setback requirements for accessory buildings
and shall not encroach into any drainage and utility easement.
C. Any fence shall comply with the requirements of section 11-21-5 of this title.
D. Access to the community garden shall be internal to the lot utilizing driveways and off street
parking areas that comply with the requirements of chapter 19 of this title.
E. One detached accessory building not to exceed two hundred (200) square feet shall be
allowed for storage related to the community garden.
F. There shall be no sales of produce related to the community garden upon the lot.
Section 24. Section 11-19-7.F.3 of the Zoning Ordinance (Off-Street Parking
Requirements – Restrictions on Parking) is hereby amended to read as follows:
3. Under no circumstances shall required parking facilities accessory to residential
structures be used for the storage of commercial vehicles or equipment or for the
parking of automobiles belonging to the employees, owners, tenants, or customers
of business or manufacturing establishments. Residential uses:
a. Off street parking facilities accessory to a residential use shall be utilized
solely for the parking of licensed and operable passenger automobiles,
vans, and trucks rated as class 3 (14,000 pounds' gross vehicle weight) or
smaller; off street parking of vehicles class 4 (14,001 pound gross vehicle
weight) or larger is prohibited.
b. Off-street parking and storage of recreational vehicles and equipment shall
be as allowed in accordance with section 11-22-5.A.2 of this title.
Section 25. Section 11-19-7.I of the Zoning Ordinance (Off-Street Parking
Requirements – General Provisions) is hereby amended to read as follows:
1. Design Standards: Except as otherwise provided for herein, all off street parking
facilities shall conform to the following design standards:
PARKING LOT DIMENSIONS TABLE1
14
Angle Of
Parking Stall Width
Curb Length
Per Car Stall Depth Aisle Width
0° 9 '0" 23 '0" 9 '0" 12 '0"
9 '6" 23 '0" 9 '6" 12 '0"
10 '0" 23 '0" 10 '0" 12 '0"
20° 9 '0" 26 '4" 15 '0" 11 '0"
9 '6" 27 '10" 15 '6" 11 '0"
10 '0" 29 '3" 15 '11" 11 '0"
30° 9 '0" 18 '0" 17 '4" 11 '0"
9 '6" 19 '0" 17 '10" 11 '0"
10 '0" 20 '0" 18 '3" 11 '0"
40° 9 '0" 14 '0" 19 '2" 12 '0"
9 '6" 14 '10" 19 '6" 12 '0"
10 '0" 15 '8" 19 '11" 12 '0"
45° 9 '0" 12 '9" 19 '10" 13 '0"
9 '6" 13 '5" 20 '2" 13 '0"
10 '0" 14 '2" 20 '6" 13 '0"
50° 9 '0" 11 '9" 20 '5" 12 '0"
9 '6" 12 '5" 20 '9" 12 '0"
10 '0" 13 '2" 21 '0" 12 '0"
60° 9 '0" 10 '5" 21 '0" 18 '0"
9 '6" 11 '0" 21 '3" 18 '0"
10 '0" 11 '6" 21 '6" 18 '0"
70° 9 '0" 9 '8" 21 '0" 19 '0"
9 '6" 10 '2" 21 '3" 18 '6"
10 '0" 10 '8" 21 '3" 18 '0"
80° 9 '0" 9 '2" 20 '4" 24 '0"
9 '6" 9 '8" 20 '5" 24 '0"
10 '0" 10 '3" 20 '6" 24 '0"
90° 9 '0" 9 '0" 20 '0" 24 '0"
9 '6" 9 '6" 20 '0" 24 '0"
15
10 '0" 10 '0" 20 '0" 24 '0"
1. This table pertains to a wall to wall situation. In calculating dimensions, 2 feet may be
subtracted from each stall depth for each overhang and overlap provided that a minimum
sidewalk width of 3 feet is maintained. No subtraction for overlap is allowed for angles other
than 90 degrees.
PARKING AREA AND DRIVE SETBACKS
Dimension Land Use
Setback
(Feet)
From private drives All districts 15.0
Front yard and side yard abutting a street
setback of parking and drive to lot line1
RS and RST districts 15.0
RM districts - guest parking for
townhouse uses
15.0
RM districts - all other required
parking
15.0
RH districts - guest parking for
townhouse uses
15.0
RH districts - all other required
parking
15.0
M-1 District 15.0
M-2 district 10.0
C-CBD district 5.0
All other commercial districts 15.0
Industrial districts 15.0
P/OS district 15.0
Interior side and rear yard setback of parking to
lot line1
All residential districts 5.0
Mixed use districts 5.0
Commercial districts 5.0
Industrial districts 5.0
P/OS district 5.0
1. Joint or combined parking facilities on separate lots as authorized and when constructed
adjacent to a common lot line separating 2 or more parking areas are not required to observe
the parking area setback from such common lot line. For commercial and industrial uses, side
and rear yard setbacks shall be increased to front yard setback requirements when such side
or rear yard abuts an R district.
16
Section 26. Section 11-19-7 of the Zoning Ordinance (Off-Street Parking Requirements
– General Provisions) is hereby amended to add the following provisions:
K. Bicycles. Provisions shall be made for the off street parking of bicycles in all multiple-
family and nonresidential developments and uses. Plans for such facilities shall be
reviewed and evaluated on an individual project or use basis as part of site plan review
provisions of chapter 9 of this title.
Section 27. Section 11-19-11 of the Zoning Ordinance (Off-Street Parking
Requirements – Location) is hereby amended to read as follows:
11-19-11: LOCATION: All accessory off street parking facilities required by this chapter
shall be located and restricted follows:
A. Lot And Ownership: Required off street parking shall be on the same lot under the same
ownership as the principal use being served, except under the provisions of sections 11-
19-17 and 11-19-19 of this chapter.
B. Direct Access: Except for single-family, two-family, and townhouse dwellings, head in
parking, directly off of and adjacent to a public street, with each stall having its own direct
access to the public street, shall be prohibited.
C. Off Street Parking: There shall be no required off street parking within fifteen feet (15') of
any public or private street surface.
DC. Boulevard: The boulevard portion of the street right-of-way shall not be used for parking
nor parking calculation.
ED. Setback AreaProhibited in Yard: 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, and M-2 Districts 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.
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 set back a minimum of five feet (5') from interior side lot lines.
FE. Prohibited In YardExcept on Driveway: 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 28. Section 11-19-11 of the Zoning Ordinance (Off-Street Parking
Requirements – Number of Stalls Required) is hereby amended to revise the following table
rows:
17
Multiple-family,
townhouses, manor
homes
2.5 spaces per unit except that the number of stalls required
for uses with a mean 2.0 bedrooms per dwelling unit or less
shall be reduced to 2.0 stalls per dwelling unit. The City
Council may require additional clustered guest parking for
projects with more than 8 units.
Senior housing with
services, senior
independent living
units
1 stall per dwelling unit, or; 1 stall per 2 dwelling units plus 1 stall
per employee on a maximum shift when units are within a
continuing care retirement community facility.
Community center, physical
culture studio, libraries,
museums
10 spaces plus 1 space per 300 square feet over
2,000 square feet of floor area for the principal
structure.
School, elementary and junior high
middle
1 space per 7 students based upon building
design.
AutoCar wash Drive through: 10 spaces.
Self-service: 1 space per wash bay.
Motor fuel stations: None in addition to that required for the principal
use.
Banks
(remote)
1 space per 350 square feet of floor area.
Catering
business/commercial
kitchen
1 stall per 200 square feet or 1 stall for each employee on
the maximum shift, whichever is greater; plus 1 stall for
each business vehicle parked on site.
Medical office or clinics 1 space for each 200 square feet of floor area.
Office buildings and professional offices;
banks, public administration (other than
medical) and medical
1 space for each 200 square feet of floor
area.
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Shopping
center
5.5 spaces per 1,000 square feet of gross leasable floor area. The total
required spaces may be reduced by up to 15 percent based upon approval
of an administrative permit by the Zoning Administrator.
Undertaking 20 spaces per chapel or parlor, plus 1 space for each company vehicle
maintained on site. Adequate stacking space shall also be provided for
staging funeral processions.
Section 29. Section 11-19-15 of the Zoning Ordinance (Off-Street Parking
Requirements – Off-Street Bicycle Parking) is hereby amended to read as follows:
11-19-15: OFF STREET BICYCLE PARKING: Provisions shall be made for the off
street parking of bicycles in all multiple-family and nonresidential developments and uses. Plans
for such facilities shall be reviewed and evaluated on an individual project or use basis as part of
site plan review provisions of chapter 9 of this title.
11-19-15: ELECTRIC VEHICLE PARKING:
A. Purpose. The purpose of this section is to encourage and facilitate use of electric vehicles,
expedite establishment of convenient, cost-effective electric vehicle infrastructure, and
establish minimum requirements for such infrastructure to serve both short term and long
term parking needs.
B. Allowed Use:
1. Level 1 and level 2 electric vehicle charging stations shall be allowed in all zoning
districts established by Chapter 45 of this title as incidental to permitted accessory
off-street parking areas.
2. Public or private access to level 3 electric vehicle charging stations shall be
allowed only for permitted accessory off-street parking for commercial, industrial,
and institutional uses.
3. If the use of level 2 or level 3 electric vehicle charging stations is the retail electric
charging of vehicles, then the use shall be considered a motor vehicle fuel facility
subject to chapter 37 of this title.
C. Public EVCS Provisions:
1. Electric vehicle charging stations shall be located so as to be visible to the public
for information and security purposes.
2. Electric vehicle charging stations shall be located in desirable and convenient
parking locations that will serve as an incentive for the use of electric vehicles.
3. Electric vehicle charging stations shall be operational during the normal business
hours of the use(s) that it is accessory to, but may be de-energized or made
inoperable after normal business hours.
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4. Electric Vehicle Charging Station Design Standards:
a. Battery charging station outlets and connector devices shall be mounted to
comply with applicable building codes and relevant Americans with
Disabilities Act (ADA) requirements.
b. Electric vehicle supply equipment shall be located adjacent to designated
parking stalls without encroaching into the required dimensions of the
parking stall.
c. Electric vehicle supply equipment shall not impede pedestrian travel or
create trip hazards on sidewalks.
d. Battery charging stations shall be elevated six inches (6") above the
traveled surface of the site.
e. Battery charging station setbacks:
(1) From rights-of-way: 30 feet
(2) Side or rear lot lines: 10 feet
5. Operation:
a. Battery charging stations shall be maintained in all respects, including
operation of the equipment. A phone number or other contact information
shall be displayed on the face of the battery charging station for reporting
problems with the equipment or access to it.
b. The owner may collect usage fees for access to the battery charging
station.
D. Number of electric vehicle parking stalls for parking areas constructed after [EFFECTIVE
DATE]:
1. Provision of electric vehicle parking stalls shall not be required within the number
of stalls required by section 11-19-13 of this title.
2. Electric vehicle stalls or electric capacity for electric vehicle stalls within the number
of stalls required by section 11-19-13 of this title are encouraged to be provided as
follows:
a. Multiple family uses shall install private level 1 battery charging stations for
five percent (5%) of required parking stalls.
b. Non-residential uses shall install public level 1 battery charging stations for
ten percent (10%) of required parking stalls.
c. In addition to the requirements of section 11-19-15.D.2.a and b of this title:
(1) One (1) Level 2 battery charging station.
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(2) One (1) disability accessible electric vehicle parking stall.
d. Level 3 charging stations may be installed as accessory to non-residential
uses on a one-to-one basis.
Section 30. Title 11, Chapter 20 of the Zoning Ordinance (Off-Street Loading) is hereby
amended to read as follows:
Chapter 20
OFF STREET LOADING
11-20-1: PURPOSE:
11-20-3: NUMBER OF LOADING AREAS REQUIRED:
11-20-53: OFF STREET LOADING REQUIRED:
11-20-75: LOCATION:
11-20-97: SURFACINGCONSTRUCTION STANDARDS:
11-20-139: SCREENING:
11-20-11: ACCESSORY USE, PARKING AND STORAGE:
11-20-15: SIZE:
11-20-17: CIRCULATION:
11-20-19: CONSTRUCTION STANDARDS:
11-20-1: PURPOSE: The regulation of loading spaces in this title is to alleviate or prevent
congestion of the public right of way and to promote the safety and general welfare of the public
by establishing minimum requirements for off street loading and unloading from motor vehicles in
accordance with the utilization of various parcels of land or structures.
11-20-3: NUMBER OF LOADING AREAS REQUIRED: The number of required off street
loading areas shall be as follows:
A. Customer Drop Off Spaces: Customer drop off spaces shall not constitute off street
loading spaces as may be required by subsection B of this section
B. Number Of Loading Spaces Required: The number of required off street loading area
spaces shall be as follows:
Use
Required Number
Of Loading Spaces
1. Residential uses:
a. Single-family and two-family dwellings, townhomes None
b. Multiple-family dwellings:
(1) Less than 4 dwelling units None
(2) Four to 24 dwelling units 1
(3) For each additional 24 dwelling units over 24 1
2. Nonresidential uses:
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Gross Floor Area (Square Feet)
Less than 25,000 1
25,001 to 50,000 2
50,001 to 75,000 3
75,000 to 100,000 4
For each additional 50,000 over 100,000 1
C. Reduction In Spaces: Reductions to the number of loading spaces required by subsection
B of this section may be granted by administrative permit upon determination of facility
need.
11-20-53: OFF STREET LOADING REQUIRED: Any structure erected or substantially
altered for a use which requires the receipt or distribution of materials or merchandise by trucks
or similar vehicles, shall provide off street loading area as required for a new structure.
11-20-75: LOCATION:
A. All required loading areas shall be off street and located on the same lot as the building
or use to be served.
B. It must be demonstrated that semitrailer truck deliveries will not occur at the site or all
deliveries will occur at such a time as to not conflict with customer or employee access to
the building and parking demand.
C. All maneuvering for off street loading shall be accomplished on private property and the
area required for maneuvering shall not use any of that portion of the site containing
parking stalls or customer service areas.
BC. All loading area curb cuts Access to loading areas from public streets shall comply with
standards established in chapter 19by Section 11-19-7.I.6 of this title.
C. Except for uses allowed within residential districts, or unless located within a structure,
loading areas established after August 1, 2000, shall be prohibited within one hundred
feet (100') of residentially zoned or guided property unless completely screened by an
intervening building. Loading areas not screened by an intervening building shall be
screened from adjacent residentially zoned or guided property by the use of berms,
fences, or walls to provide one hundred percent (100%) opacity to a height of at least ten
feet (10').
D. Loading areas shall not occupy the required front yard setbacks in residential districts and
the front yards in commercial and industrial districts, except as provided herein.
E. Loading areas located at the front or side of buildings on a corner lot shall be reviewed
and approved in the following manner:
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1. Industrial Zoning Districts: Within the I-CBD, I-1 and I-2 zoning districts, loading
areas located at the front of a building or side of a building located on a corner may
be allowed by administrative permit subject to the following conditions:
a. Loading areas shall not conflict with pedestrian movement.
b. Loading areas shall not obstruct the view of the public right of way from off
street parking access.
c. Loading areas shall comply with all other requirements of this chapter.
d. Loading areas and associated staging areas shall be screened from the
abutting public rights of way. Said screening shall consist of either a
screening fence or a greenbelt planting strip as provided for by section 11-
21-9 of this title.
2. Commercial And Public Zoning Districts: Within the M-1, M-2, O-R, C-1, C-2, C-3,
C-CBD, O-P, and P-OS zoning districts, loading areas shall be located in side or
rear yards away from public rights of way. Where physical conditions unique to the
site warrant, loading areas may be located at the front or side of a building located
on a corner lot by conditional use permit subject to the following conditions:
a. Loading areas shall not conflict with pedestrian movement.
b. Loading areas shall not obstruct the view of the public right of way from off
street parking access.
c. Loading areas shall comply with all other requirements of this chapter.
d. Loading areas and associated staging areas shall be screened from the
abutting public rights of way. Said screening shall consist of either a
screening fence or a greenbelt planting strip as provided for by section 11-
21-9 of this title.
F. Each loading areas shall be located with appropriate means of vehicular access to a street
or public alley in a manner which will cause the least interference with traffic.
F. Setbacks:
1. Minimum setback required from property lines:
Dimension Land Use
Setback
(Feet)
From private drives All districts 15.0
Front yard and side yard abutting a street
setback of parking and drive to lot line
RS and RST districts 15.0
RM districts - guest parking for
townhouse uses
15.0
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RM districts - all other required
parking
15.0
RH districts - guest parking for
townhouse uses
15.0
RH districts - all other required
parking
15.0
C-CBD district 5.0
All other commercial and
mixed use districts
15.0
Industrial districts 15.0
Interior side and rear yard setback of parking
to lot line
All residential districts 5.0
Commercial districts 5.0
Industrial districts 5.0
2. Joint or combined parking facilities on separate lots as authorized and when
constructed adjacent to a common lot line separating 2 or more parking areas are
not required to observe the parking area setback from such common lot line. For
commercial and industrial uses, side and rear yard setbacks shall be increased to
front yard setback requirements when such side or rear yard abuts an R district.
3. Except for uses allowed within residential districts, or unless located within a
structure, loading areas established after August 1, 2000, shall be prohibited within
one hundred feet (100') of residentially zoned or guided property unless completely
screened by an intervening building. Loading areas not screened by an intervening
building shall be screened from adjacent residentially zoned or guided property by
the use of berms, fences, or walls to provide one hundred percent (100%) opacity
to a height of at least ten feet (10').
11-20-97: SURFACINGCONSTRUCTION STANDARDS: All loading areas and accessways
shall be improved to control the dust and drainage according to a plan submitted to and subject
to the approval of the city engineer.
A. All loading areas shall be surfaced with asphalt or concrete.
B. Except as may be required or exempted by the city engineer, loading areas shall be
constructed in accordance with the following minimum tonnage standards:
1. One and one-half inch (1.5") wear course.
2. Two inch (2") base course.
3. Six inch (6") aggregate base (class 5).
4. Subgrade subject to city engineer's approval.
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C. A continuous six inch (6") high back concrete perimeter curb barrier shall be provided at the
perimeter of the loading area.
D. A minimum one (1) lift of surface as required by this title shall be installed prior to issuance
of a certificate of occupancy or temporary certificate of occupancy.
11-20-139: SCREENING: Except in the case of multiple-family dwellings or commercial uses
with loading areas shared with off-street parking and drive aisles, all loading areas shall be
screened and landscaped from abutting and surrounding residential uses and districts and public
rights of way in compliance with chapter 21 of this title.
11-20-11: ACCESSORY USE, PARKING AND STORAGE: Any space allocated as a
required loading area or access drive so as to comply with the terms of this title shall not be used
for the storage of goods, inoperable vehicles, or snow and shall not be included as part of the
space requirements to meet the off street parking area.
11-20-15: SIZE:
A. The first loading area shall be not less than seventy feet (70') in length and additional
areas required shall be not less than thirty feet (30') in length and all loading areas shall
be not less than ten feet (10') in width, exclusive of aisle and maneuvering space, and
fourteen feet (14') in clearance height.
B. The size of the loading area may be reduced upon approval of an administrative permit.
To qualify for such exception, the following provisions must be met:
1. It must be demonstrated that the site cannot physically accommodate a loading
area to the size required.
2. It must be demonstrated that semitrailer truck deliveries will not occur at the site or
all deliveries will occur at such a time as to not conflict with customer or employee
access to the building and parking demand.
11-20-17: CIRCULATION:
A. All maneuvering for off street loading shall be accomplished on private property.
B. In addition to the required loading space, all loading spaces shall include a maneuvering
area. The maneuvering area shall not use any of that portion of the site containing parking
stalls or customer service areas. Maneuvering areas shall be of such size as to permit the
backing of truck tractors and coupled trailers into the loading space, without blocking the
use of other loading spaces, drives, parking spaces, or maneuvering areas on public rights
of way.
11-20-19: CONSTRUCTION STANDARDS:
The construction and setback standards listed in chapter 19 of this title shall apply to all loading
spaces.
Section 30. Section 11-21-5.A of the Zoning Ordinance (Fences – Approval Required)
is hereby amended to read as follows:
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A. Approval Required: A building permit is required for construction of any fence seven feet
(7') in height or greater. Approval by the zoning administrator in accordance with
section 11-8-5 of this title is required for construction of any fence less than seven feet (7')
in height within a front yard, within a yard subject to the buffer yard requirements of
subsection 11-21-9E of this chapter, or for a property line fence. The approvals required
under this subsection shall not apply to fences to be constructed on a farm when used for
agricultural purposes as defined by this title.
1. Approval by the zoning administrator in accordance with section 11-8-5 of this title
is required for construction of any fence less than seven feet (7') in height within a
front yard, within a yard subject to the buffer yard requirements of subsection 11-
21-9E of this chapter, or for a property line fence.
2. A building permit is required for construction of any fence seven feet (7') in height
or greater.
3. The approvals required under this subsection shall not apply to fences to be
constructed on a farm when used for agricultural purposes as defined by this title.
Section 31. Section 11-21-5.B of the Zoning Ordinance (Fences – Property Line
Fences) is hereby amended to read as follows:
B. Property Line FencesLocation: Fences constructed at the limits of a property shall comply
with the following provisions:
1. Fences, including footings, shall be located entirely upon the private property for
which the administrative approval or building permit has been issued.
2. The owner of the property on which a fence exists or is proposed to be constructed
is responsible for verifying their property lines by:
a. Locating their property irons; or
b. If the property lines cannot be located:
(1) The zoning administrator or the building official may require the
owner of property upon which a fence now exists, or may require
any property owner proposing to construct a fence to establish the
boundary lines of the property by a survey thereof to be made by a
registered land surveyor; or
(2) The owner of property upon which a fence now exists, or the
property owner on which the fence is to be constructed and the
owner(s) of the adjoining properties enter into an agreement
regarding the location of the fence to be recorded with the titles of
the respective properties, subject to approval of an administrative
permit.
3. No fences shall be placed on or extend into public rights of way or onto public
property.
26
4. Fences in easements shall not impede the flow of water. If the city needs to utilize
the easement, the fence will be removed and relocated at the expense of the
property owner.
Section 32. Section 11-21-5.H.1.b(3)(C) of the Zoning Ordinance (Fences –
Commercial and Industrial Districts) is hereby amended to read as follows:
(C) The location of gGates across driveways:
1. Gates accessing the site shall be set back a
sufficient distance so as not to cause congestion in
the public street.
2. A lockbox issued by the Fire Department for
emergency access shall be provided.
Section 31. Section 11-21-9.A.1 of the Zoning Ordinance (Required Screening and
Landscaping) is hereby amended to read as follows:
1. A greenbelt planting strip shall consist of evergreen trees and/or deciduous trees
and plants shrubs and shall be a minimum of twenty feet (20') in width and of a
sufficient density to provide a substantially continuous visual screen at maturity of
the installed plantings. This planting strip shall be designed to provide continuous
visual screening to a minimum height of eight feet (8'). The grade for determining
height shall be the grade elevation of the building, parking lot or use for which the
screening is providing protection, unless otherwise established by the zoning
administrator. The planting plan and type of plantings shall require the approval of
the zoning administrator.
Section 32. Section 11-21-9.A.3 of the Zoning Ordinance (Required Screening and
Landscaping) is hereby amended to read as follows:
3. Existing landscape material in good health and condition may be used to satisfy the
requirements of this section in whole or part when, in the opinion of the zoning
administrator, such material meets the requirements and intent of this chapter.
Section 33. Section 11-21-9.C.1of the Zoning Ordinance (Required Screening and
Landscaping) is hereby amended to read as follows:
1. Minimum Size: All plants must at least equal the following minimum size in
conformance with American Nursery Association standards measured from the top
of the ball or container to the top of the tree/shrub or bottom of the evergreen leader
as shown below:
Balled And
Burlapped/Container
27
Shade trees 21/2 inch diameter
Ornamental trees (flowering crabs, hawthorn
serviceberry, etc.)
2 inch diameter single stem or 6 - 7 foot,
clump form
Coniferous evergreen trees 8 feet
Tall growing shrubs and hedge material
(evergreen or deciduous)
3 - 4 feet 24 - 36 inch
Low growing shrubs:
Deciduous 18 - 24 inch
Coniferous evergreen 18 - 24 inch
Spreading coniferous evergreen 18 - 24 inch spread
Section 34. Section 11-21-9.C.2 of the Zoning Ordinance (Required Screening and
Landscaping) is hereby amended to read as follows:
2. Spacing of Required Plantings:
a. Plant materialTree centers shall not be located closer than five feet (5') ten feet
(10’) from the fence line or property line and shrub centers shall not be less
than five feet (5’) from the fence or property line. Trees and shrubs shall not
be planted to conflict with public plantings, sidewalks, trails, fences, parking
areas, and driveways based on the judgment of the zoning administrator.
b. Where plant materials are planted in two (2) or more rows to comply with the
minimum width of a required greenbelt, plantings shall be staggered in rows
unless otherwise approved by the zoning administrator.
c. Deciduous trees intended for screening shall be planted not more than forty
feet (40') apart. Evergreen trees intended for screening shall be planted not
more than fifteen feet (15') apart so that their branches are touching at the
narrowest projected mature canopy width.
d. Where massing of plants or screening is intended, large deciduous shrubs
shall be planted four feet (4') on center or closer, and/or, evergreen shrubs
shall be planted three feet (3') on center or closer so that their branches are
touching at the narrowest projected mature width.
e. Trees shall be planted outside of drainage and utility easements unless
approved by the Zoning Administrator.
f. The mature coniferous tree, ornamental tree, and shrub canopy shall remain
within the lot without encroaching into another lot or public right-of-way with
the required minimum setback to be determined by the zoning administrator
based on the species of tree or shub.
28
Section 35. Section 11-21-9.C.3 of the Zoning Ordinance (Required Screening and
Landscaping) is hereby amended to read as follows:
3. Types Of New Trees: Trees suitable for complying with this chapter shall be limited
to those specified in appendix B of the Lakeville corridor and gateway design study,
adopted on August 2, 1999, as recommended in the management plan for the
South Creek and tributary channel corridors, or as approved by the zoning
administrator in accordance with established city policy.Acceptable Tree Species.
Trees suitable for complying with this section shall be limited to those approved by
the zoning administrator.
Section 36. Section 11-21-9.C.4.f of the Zoning Ordinance (Required Screening and
Landscaping) is hereby amended to read as follows:
f. Trees and shrubs shall not be planted in the right of way except for
developments within the RM-3, M-2, and planned unit development districts
incorporating requirements for landscape maintenance agreements or
designated parkways and streets as determined by the city council.
Section 37. Section 11-21-9.C.4.g of the Zoning Ordinance (Required Screening and
Landscaping) is hereby amended to read as follows:
g. All plants required as part of an approved landscaping plan shall be
maintained and kept alive and in good condition. Dead plants or plants in
poor health or condition shall be treated or replaced in accordance with the
approved landscape plan as determined by the Zoning Administrator. Any
species substitutions for replacement trees or shrubs shall be subject to
approval by the Zoning Administrator and must be demarcated on the final
approved landscape plan submitted to the Planning Department.
Section 38. Section 11-21-9.C.6 of the Zoning Ordinance (Required Screening and
Landscaping) is hereby amended to read as follows:
6. Landscape Guarantee:
a. All new plants shall be guaranteed for twelve (12) months from the time
planting has been completed.
b. All plants shall be alive, in good health, of good quality and structural
condition, and insect and disease free at the end of the warranty period or
be replaced.
c. Any replacements shall be warranted for an additional twelve (12) months
from the time of planting.
Section 39. Section 11-21-9.D. of the Zoning Ordinance (Required Screening and
Landscaping) is hereby repealed in its entirety and amended to read as follows:
29
D. Off Street Parking Areas. All off street parking areas with five (5) or more parking spaces
or any parking area within twenty feet (20') of a residential zoning district shall be screened
from view as follows:
1. Installation of shade, ornamental and/or evergreen trees at the perimeter of the
parking area in accordance with the spacing requirements of subsections A and C
of this section.
2. For all commercial and institutional uses, and for those industrial uses abutting a
major collector or arterial street, a continuous opaque barrier with a maximum
height of thirty six inches (36") shall be provided along the perimeter abutting public
rights-of-way and residentially zoned properties that consists of plantings, hedges,
decorative or ornamental fences, walls or earth berms or any combination thereof.
3. Landscaping shall be set back two feet (2') from parking stalls to allow parking of
vehicles without extending over the landscaped area.
Section 40. Section 11-21-9.E.5.d of the Zoning Ordinance (Required Screening and
Landscaping) is hereby amended to read as follows:
d. Replacement of landscape materials or plantings in a buffer yard area shall
be consistent with the approved buffer yard screening plan. All plants
required as part of an approved landscaping plan shall be maintained and
kept alive and in good condition. Dead plants or plants in poor health or
condition shall be treated or replaced in accordance with the approved
landscape plan as determined by the Zoning Administrator. Any species
substitutions for replacement trees or shrubs shall be subject to approval
by the Zoning Administrator and must be demarcated on the final approved
landscape plan submitted to the Planning Department.
Section 41. Section 11-21-9.E.6.b of the Zoning Ordinance (Required Screening and
Landscaping) is hereby amended to read as follows:
b. Plantings: All designated buffer yards must be seeded or sodded except in
areas of steep slopes where natural vegetation is acceptable as approved by
the zoning administrator. All plantings within designated buffer yards shall
adhere to the following:
(1) Plant material centers shall not be located closer than five feet (5') from
the fence line or property line, and shall not conflict with public
plantings, sidewalks, trails, etc. materialTree centers shall not be
located closer than ten feet (10’) from the fence line or property line
and shrub centers shall not be less than five feet (5’) from the fence or
property line. Trees and shrubs shall not be planted to conflict with
public plantings, sidewalks, trails, fences, parking areas, and
driveways based on the judgment of the zoning administrator.
(2) Landscape screen plant material shall be in two (2) or more rows.
Plantings shall be staggered in rows unless otherwise approved by the
zoning administrator.
30
(3) Shrubs shall be arranged to lessen the visual gaps between trees.
Along arterial streets, all plantings of deciduous trees shall be
supplemented with shrubs such that the buffer yard contains a
continuous band of plants.
(4) Deciduous shrubs shall not be planted more than four feet (4') on
center, and/or evergreen shrubs shall not be planted more than three
feet (3') on centerbe planted so that their branches are touching at the
narrowest projected mature width.
(5) Deciduous trees intended for screening shall be planted not more than
forty feet (40') apart. Evergreen trees intended for screening shall be
planted not more than fifteen feet (15') apart so that their branches are
touching at the narrowest projected mature canopy width.
(6) The mature coniferous tree, ornamental tree, and shrub canopy not
encroach into the public right-of-way with the required minimum
setback to be determined by the zoning administrator based on the
species of tree or shrub.
Section 42. Section 11-21-9.E.1.b of the Zoning Ordinance (Required Screening and
Landscaping – Residential Buffer Yards) is hereby amended to read as follows:
b. For corner lots where the side yard abuts the major collector or arterial
street, the following standards shall apply:
RS-1 RS-2 RS-3 RS-4 RST-1 RST-2
Lot width 130' 130' 110' 95' 110'95’ 110’95'
Section 43. Section 11-21-9.E.2 of the Zoning Ordinance (Required Screening and
Landscaping – Residential Buffer Yards) is hereby deleted:
2. Easement: A drainage and utility easement shall be established over the full depth
and width of the required buffer yard encompassing all plantings and the slopes of
earth berms required by this section. No structure shall be installed within the
easement other than a fence as may be allowed by subsection E6c of this section
or residential fence on a single lot located no closer to the right-of-way than the top
of the interior slope of a berm or on the interior side of plantings required by this
section.
Section 44. Section 11-22-5.A.4 of the Zoning Ordinance (Outdoor Storage –
Accessory Use) is hereby amended to read as follows:
4. Off street parking of motor vehicles as specified in the respective zoning
districtsRecreational equipment or furniture used and constructed explicitly for
outdoor use.
31
Section 45. Section 11-23-19.B.1.a(3) of the Zoning Ordinance (Signs – District
Regulations) is hereby amended to read as follows:
(3) Monument Type; Height: The sign shall be a monument type with
a 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, and with a maximum
height not to exceed ten feet (10').
Section 46. Section 11-23-19.C of the Zoning Ordinance (Signs – District Regulations)
is hereby amended to read as follows:
C. Within the O-R C-CBD and M-2 Districts the following additional regulations shall apply:
1. Total Area And Number Of Signs:
a. Freestanding Sign: One sign is allowed per lot. The area of a freestanding
sign may not exceed fifty (50) square feet each side with a maximum height
of twenty feet (20').
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 fifty (50) square feet.
1. Total Area And Number Of Signs:
a. Freestanding Sign: Freestanding signs are prohibited.
b. Wall, Canopy, Or Marquee Sign:
(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.
(2) The area of individual signs shall not exceed one hundred (100)
square feet, except as may be allowed by subsection E1b(3) of this
section.
(3) Single occupancy building or individual tenant space with a gross
floor area of forty five thousand (45,000) square feet or more:
(A) Sign Area:
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(i) The area of one individual sign shall not exceed four
hundred forty (440) square feet.
(ii) If a second sign is allowed for a single occupancy
building or individual tenant with a gross floor area
of forty five thousand (45,000) square feet or larger
by subsection E1b(1) of this section, the area of the
second individual sign shall not exceed two hundred
(200) square feet.
(B) Secondary Signs:
(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.
(ii) The total area of all secondary wall signs shall not
exceed one hundred forty four (144) square feet and
the area of any one (1) secondary wall sign shall not
exceed seventy two (72) square feet.
(4) One (1) additional wall sign not exceeding one hundred (100)
square feet shall be allowed to be displayed on a side or rear wall
of a building, which may or may not front a public street.
Section 47. Section 11-23-7.F of the Zoning Ordinance (Signs – Permit Not Required)
is hereby amended to read as follows:
F. One sign shall be allowed per street frontage when a building or parcel not subject to Section
11-23-15.X.2 of this tile is offered for sale or lease, provided that:
1. Within the R (residential) districts, no sign shall exceed twelve (12) square feet in
area and six feet (6') in height for single-family, two-family, and townhouse units; or
thirty two (32) square feet in area or eight feet (8') in height for multi-family or
institutional uses.
2. Within all other zoning districts and in those cases where a parcel of land exceeds
ten (10) acres, regardless of its zoning, no sign shall exceed sixty four (64) square
feet in area or ten feet (10') in height.
Section 48. Section 11-23-19.D of the Zoning Ordinance (Signs – District Regulations)
is hereby amended to read as follows:
E. Within the M-1, M-2, C-2, C-3 and C-CBD Zoning Districts the following additional
regulations shall apply:
1. Total Area And Number Of Signs:
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a. Freestanding Sign: One (1) sign is allowed per lot within the M-1, C-2, and
C-3 Districts. The area of a freestanding sign may not exceed one hundred
(100) square feet each side with a maximum height of twenty feet (20').
b. Wall, Canopy, Or Marquee Sign:
(1) For single occupancy buildings, not more than one (1) 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.
(2) The area of individual signs shall not exceed one hundred (100)
square feet, except as may be allowed by subsection E1b(3) of this
section.
(3) Single occupancy building or individual tenant space with a gross
floor area of forty five thousand (45,000) square feet or more:
(A) Sign Area:
(i) The area of one (1) individual sign shall not exceed
four hundred forty (440) square feet.
(ii) If a second sign is allowed for a single occupancy
building or individual tenant with a gross floor area
of forty five thousand (45,000) square feet or larger
by subsection E1b(1) of this section, the area of the
second individual sign shall not exceed two hundred
(200) square feet.
(B) Secondary Signs:
(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.
(ii) The total area of all secondary wall signs shall not
exceed one hundred forty four (144) square feet and
the area of any one (1) secondary wall sign shall not
exceed seventy two (72) square feet.
(4) Within the M-2 District and C-CBD District, one additional wall sign
not exceeding one hundred (100) square feet shall be allowed to be
displayed on a side or rear wall of a building, which may or may not
front a public street.
2. Freeway Corridor Area: Signs for uses within the freeway corridor area shall be
subject to the regulations of subsection G of this section.
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Section 49. Section 11-29-5.C.1 of the Zoning Ordinance (Alternative Energy Systems
– Solar Energy Systems) is hereby amended to add the following provisions:
c. Use of solar panels as a canopy or affixed to a canopy above off-street
parking stalls for multiple family, commercial, industrial, and institutional
uses shall be permitted in addition to accessory structures allowed by
chapter 18 of this title, subject to the following provisions:
(1) The edge of the canopy shall be thirty feet (30') or more from the
front and/or side lot line, provided that adequate visibility both on
site and off site is maintained.
(2) The canopy, including solar panels, shall not exceed twenty four
feet (24') in height and must provide fourteen feet (14') of clearance.
(3) The canopy fascia shall not exceed three feet (3') in vertical height.
(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.
(5) The architectural design, colors, and character of the canopy shall
be consistent with the principal building on the site.
(6) Signage shall not be allowed on a detached canopy
(7) Canopy posts shall not obstruct traffic within the off-street parking
area.
Section 50. Section 11-33-5.B of the Zoning Ordinance (Specialized Housing –
Residential Shelters) is hereby amended to read as follows:
B. Conditions Of Approval: A "residential shelter", as defined in section 11-2-3 of this title, or
similar type use may be allowed provided that:
1. There shall be not more than six (6) residents within a residential shelter located
within a RS District.
12. No external building improvements are undertaken which alter the original
residential character of the home structure unless approved by the city council.
23. No on street parking shall be allowed. Adequate off street parking shall be required
by the city based on the staff and resident needs of each specific facility. Private
driveways shall be of adequate width to accommodate effective vehicle circulation
and are to be equipped with a turnaround area to prevent backing maneuvers onto
public streets. Driveways shall be maintained in an open manner at all times and
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emergency vehicle access shall be available. Adequate sight distance at the
access point shall be available.
34. Landscaping buffering from surrounding residential uses shall be provided
consistent with the requirements contained in section 11-21-9 of this title. A privacy
fence of appropriate residential design may be required to limit off site impacts.
Landscape screening from surrounding residential uses may be required by the
zoning administrator depending on the type, location and proximity of residential
areas to a specific facility.
45. Submission of detailed program information including goals, policies, activity
schedule, staffing patterns and targeted capacity which may result in the imposition
of reasonable conditions to limit the off site impacts.
56. Submission of a formal site and building plan review if a determination of need for
such review is made by the city. A residential shelter shall be located a minimum of
five hundred (500) radial feet, as measured in a straight line from the closest point of
the property line of the parcel upon which the use is located to the property line of
another residential shelter.
67. Additional conditions may be required by the city in order to address the specific
impacts of a proposed facility.
Section 51. Section 11-37-3.A of the Zoning Ordinance (Motor Vehicle Fuel Facilities) is
hereby amended to read as follows:
A. District Application: Motor vehicle fuel sales shall be allowed in a M-1, C-1, C-2, and C-3
district as a conditional use. The standards and requirements for motor fuel sales shall be
in addition to those which are imposed for other uses and activities occurring on the
property.
Section 52. Section 11-37-3.B of the Zoning Ordinance (Motor Vehicle Fuel Facilities) is
hereby amended to read as follows:
B. Motor Fuel Facilities: Motor fuel facilities shall be installed in accordance with state and
city standards. Additionally, adequate space shall be provided to access to and
maneuverability around the fuel pumps and electric vehicle charging stations and to
allow maneuverability around the pumps. Underground fuel storage tanks are to be
positioned to allow adequate access by motor fuel transports and unloading operations
which do not conflict with circulation, access and other activities on the site. Fuel pumps
shall be installed on pump islands.
Section 53. Section 11-37-3.D of the Zoning Ordinance (Motor Vehicle Fuel Facilities)
is hereby amended to read as follows:
D. Hours: Hours of operation shall be limited within the respective zoning district as follows,
unless extended by the city council as part of the conditional use permit:
1. M-1 district: No limit except as may be required by the city council.
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12. C-1 district: Five o'clock (5:00) A.M. to eleven o'clock (11:00) P.M.
23. C-2 district: No limit except as may be required by the city council.
34. C-3 district: No limit except as may be required by the city council.
4. C-CBD district: Five o'clock (5:00) A.M. to eleven o'clock (11:00) P.M.
Section 54. Section 11-37-3.G of the Zoning Ordinance (Motor Vehicle Fuel Facilities)
is hereby amended to read as follows:
G. Pump Islands: Pump islands must comply with the following performance standardsFuel
Pumps and Electric Vehicle Charging Stations:
1. Fuel pumps:
a. Fuel pPump shall be on islands must be elevated six inches (6") above the
traveled surface of the site.
2b. All pump islands must be set at least thirty feet (30') back from any property
line.
c. Additionally, tThe setback between the pump islands curb face must be at
least twenty four feet (24').
2. Electric vehicle charging stations:
a. Battery charging station outlets and connector devices shall be mounted to
comply with applicable building codes and relevant Americans with
Disabilities Act requirements.
b. Electric vehicle supply equipment shall be located adjacent to designated
parking stalls without encroaching into the required dimensions of the
parking stall.
c. Electric vehicle supply equipment shall not impede pedestrian travel or
create trip hazards on sidewalks.
d. Battery charging stations shall be elevated six inches (6") above the
traveled surface of the site.
e. Battery charging station setbacks:
(1) From rights-of-way: 30 feet
(2) Side or rear lot lines: 10 feet
Section 55. Section 11-37-5.A of the Zoning Ordinance (Motor Vehicle Fuel Facilities) is
hereby repealed:
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A. Conditional Use: Motor vehicle fuel sales including convenience grocery and/or prepared
food shall be allowed in the M-1, C-1, C-2, C-3, and C-CBD Districts subject to approval of a
conditional use permit.
Section 56. Section 11-45-1.B of the Zoning Ordinance (General Zoning District
Provisions) is hereby amended to add the following provision:
RM-3, Medium-Density Residential District
Section 57. Section 11-45-1 of the Zoning Ordinance (General Zoning District
Provisions) is hereby amended to add the following provision with subsequent sections
renumbered accordingly:
C. Mixed Use Districts:
M-1, Mixed Use I-35 Corridor District
M-2, Mixed Use Cedar Corridor District
Section 58. Section 11-50-5 of the Zoning Ordinance (RS-1 District – Accessory Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
C. Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
F. Gardens for produce not to be offered for sale.
Section 59. Section 11-51-5 of the Zoning Ordinance (RS-2 District – Accessory Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
C. Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
F. Gardens for produce not to be offered for sale.
Section 60. Section 11-52-5 of the Zoning Ordinance (RS-3 District – Accessory Uses)
is hereby amended to add the following provision with subsequent sections renumbered
accordingly:
C. Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
F. Gardens for produce not to be offered for sale.
Section 61. Section 11-53-5 of the Zoning Ordinance (RS-4 District – Accessory Uses)
is hereby amended to add the following provision with subsequent sections renumbered
accordingly:
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C. Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
F. Gardens for produce not to be offered for sale.
Section 62. Section 11-54-5 of the Zoning Ordinance (RS-CBD District – Accessory
Uses) is hereby amended to add the following provision with subsequent sections renumbered
accordingly:
C. Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
F. Gardens for produce not to be offered for sale.
Section 63. Section 11-55-5.B of the Zoning Ordinance (RSMH District – Accessory
Uses) is hereby amended to add the following provision with subsequent sections renumbered
accordingly:
2. Community gardens as regulated by section 11-18-15 of this title; institutional uses
only.
6. Gardens for produce not to be offered for sale.
Section 64. Section 11-56-5 of the Zoning Ordinance (RST-1 District – Accessory Uses)
is hereby amended to add the following provision with subsequent sections renumbered
accordingly:
C. Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
F. Gardens for produce not to be offered for sale.
Section 65. Section 11-57-3.E of the Zoning Ordinance (RST-2 District – Permitted Uses)
is hereby repealed with subsequent sections renumbered accordingly:
E. Single-family detached dwelling units.
Section 66. Section 11-57-5 of the Zoning Ordinance (RST-2 District – Accessory Uses)
is hereby amended to add the following provision with subsequent sections renumbered
accordingly:
C. Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
F. Gardens for produce not to be offered for sale.
Section 67. Section 11-57-15.A of the Zoning Ordinance (RST-2 District – Accessory
Uses) is hereby repealed with subsequent sections renumbered accordingly:
A. Single-family detached dwellings:
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Lot area:
Corner 10,200 square feet
Interior 8,400 square feet
Lot width:
Corner 85 feet
Interior 70 feet
Setbacks:
Front yards 20 feet to the principal building; and 25 feet to the face of the
garage
Rear yards 30 feet
Side yards 7 feet from the adjacent lot, or 20 feet on the side yard abutting a
public right of way
Maximum building
coverage
40 percent
Buffer yard Refer to subsection 11-21-9E1 of this title
Section 68. Section 11-57-19.C.3 of the Zoning Ordinance (RST-2 District – Design and
Construction Standards) is hereby amended to repeal the following provision with subsequent
sections renumbered accordingly:
3. Minimum Overhang: In case of a gable roof, a minimum twelve inch (12") soffit
shall be required.
Section 69. Section 11-57-15.D.2.c of the Zoning Ordinance (RST-2 – Garages) is
hereby amended to read as follows:
c. Garages shall be a minimum of twenty feet (20') in width measured by interior
dimensions.
Section 70. Section 11-58-7 of the Zoning Ordinance (RM-1 District – Accessory Uses)
is hereby amended to add the following provision with subsequent sections renumbered
accordingly:
C. Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
F. Gardens for produce not to be offered for sale.
Section 71. Section 11-58-21.C.3 of the Zoning Ordinance (RM-1 District – Design and
Construction Standards) is hereby amended to repeal the following provision with subsequent
sections renumbered accordingly:
40
3. Minimum Overhang: In case of a gable roof, a minimum twelve inch (12") soffit
shall be required.
Section 72. Section 11-58-21.D.2.c of the Zoning Ordinance (RM-1 District – Garages)
is hereby amended to read as follows:
c. Garages shall be a minimum of twenty feet (20') in width measured by interior
dimensions.
Section 73. Section 11-59-7 of the Zoning Ordinance (RM-2 District – Accessory Uses)
is hereby amended to add the following provision with subsequent sections renumbered
accordingly:
C. Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
F. Gardens for produce not to be offered for sale.
Section 74. Section 11-59-21.C.3 of the Zoning Ordinance (RM-2 District – Design and
Construction Standards) is hereby amended to repeal the following provision with subsequent
sections renumbered accordingly:
3. Minimum Overhang: In case of a gable roof, a minimum twelve inch (12") soffit
shall be required.
Section 75. Section 11-59-21.D.2.c of the Zoning Ordinance (RM-2 District – Garages)
is hereby amended to read as follows:
c. Garages shall be a minimum of twenty feet (20') in width measured by interior
dimensions.
Section 77. Title 11 the City Code (Zoning Ordinance) is hereby amended to add Section
60 to include the following provisions:
SECTION 60
RM-3, MEDIUM DENSITY RESIDENTIAL DISTRICT
11-60-1: PURPOSE:
11-60-3: PROCESSING:
11-60-5: PERMITTED USES:
11-60-7: PERMITTED ACCESSORY USES:
11-60-9: CONDITIONAL USES:
11-60-11: INTERIM USES:
11-60-13: USES BY ADMINISTRATIVE PERMIT:
11-60-15: DEVELOPMENT DENSITY:
11-60-17: LOT REQUIREMENTS AND SETBACKS:
11-60-19: COMMON AREAS:
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11-60-21: DESIGN AND CONSTRUCTION STANDARDS:
11-60-23: BUILDING HEIGHT:
11-60-25: AFFORDABLE HOUSING:
11-60-1: PURPOSE:
The purpose of the RM-3 district is to establish a medium density residential neighborhood which
satisfies the following planning objectives within the Cedar Avenue corridor designated by the
Comprehensive Plan and within one-half (1/2) mile of existing or planned transit facilities within
the Interstate 35 corridor:
A. Creation of a cohesive medium density neighborhood that provides attractive living
environments and contributes to the city's identity.
B. Provide attractive and durable medium density housing options as a means of addressing
the city's life cycle housing needs.
C. Preservation of natural landforms, open spaces, greenways for scenic enjoyment and
recreational use through the regulation of medium density residential land use.
D. Allows for the subdivision of two-family and townhome base lots to permit individual private
ownership of a single dwelling within such a structure.
11-60-3: PROCESSING:
Full compliance with this chapter, other applicable provisions of this title, and title 10 of this code
provides an alternative to the processing of a planned unit development for lots with more than
one principal structure and/or use. Subdivision and administrative review requirements, as
applicable, shall however remain in full force and effect.
11-60-5: PERMITTED USES:
In addition to other uses specifically identified elsewhere in this title, the following are permitted
uses in the RM-3 district:
A. More than one principal building on a base lot.
B. Parks, trails, play fields, playgrounds, and directly related buildings and structures; city of
Lakeville only.
C. Residential facilities serving sixteen (16) or fewer persons.
D. Townhomes, detached.
E. Townhomes.
F. Twinhomes.
11-60-7: PERMITTED ACCESSORY USES:
In addition to other uses specifically identified elsewhere in this title, the following are permitted
accessory uses in the RM-3 district:
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A. Accessory uses, buildings and structures customarily incidental and directly related to the
uses allowed as permitted, conditional, interim, and administrative permit in this section,
subject to applicable regulation of this title and only those accessory buildings, structures,
or fences owned and maintained by a homeowners' association shall be erected on a
common base lot for detached townhouse or two-family dwellings.
B. Administrative offices, meeting rooms, classrooms, and food preparation and service
areas in private and public recreational facilities, and the uses of which are incidental and
directly related to the primary use.
C. Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
D. Fences as regulated by chapter 21 of this title.
E. Gardens for produce not to be offered for sale.
F. Ground source heat pump systems as regulated by chapter 29 of this title.
G. Home occupations and home offices as regulated by chapter 32 of this title.
H. Keeping of animals subject to chapter 35 of this title.
I. Play and recreational facilities, only accessory to an existing principal permitted use on
the same lot and which are operated for the enjoyment and convenience of the residents
of the principal use and their occasional guests, except as otherwise permitted.
J. Private garages and off street parking and off street loading as regulated by chapters 19
and 20 of this title.
K. Recreational vehicles and equipment parking and storage as regulated by chapter 22 of
this title.
L. Secondary or accessory use antennas as regulated by chapter 30 of this title.
M. Signs as regulated by chapter 23 of this title.
N. Solar energy systems as regulated by chapter 29 of this title.
11-60-9: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere in this title, the following are conditional
uses in an RM-3 district and require a conditional use permit based upon procedures set forth in
and regulated by chapter 4 of this title. Additionally, besides the specific standards and criteria
which may be cited below for respective conditional uses, each request for a conditional use
permit shall be evaluated based upon the standards and criteria set forth in subsection 11-4-3E
and section 11-4-7 of this title.
A. Daycare facilities as a principal or an accessory use, except as provided for by this
chapter, provided that the use complies with the provisions of chapter 31 of this title.
43
B. Essential services involving transmission pipelines and transmission or substation lines in
excess of thirty three (33) kV and up to one hundred (100) kV, as regulated by chapter 26
of this title.
C. Government buildings and structures; public or quasi-public or private recreational
buildings and neighborhood or community centers; public and private educational
institutions limited to accredited elementary, middle or junior high and senior high school;
and religious institutions such as churches, chapels, temples, and synagogues provided
that side yards shall be double that required for the district, but no greater than thirty feet
(30').
D. Manufactured home parks, provided that:
1. The minimum area required for a manufactured home park designation shall be
twenty (20) acres.
2. The following minimum lot requirements within the manufactured home park are:
Lot area:
Corner 24,000 square feet
Interior 20,000 square feet
Lot width:
Corner 120 feet
Interior 100 feet
3. The following principal structure setbacks are satisfactorily met:
Front
yard
30 feet
Rear yard 30 feet
Side yard 15 feet on each side, or 30 feet on the side yard abutting a public right of
way
4. Accessory buildings, uses and equipment comply with the applicable provisions
of chapter 18 of this title.
5. Except as provided in chapter 17 of this title, the total ground floor area of all
residential buildings shall not exceed a lot coverage of thirty percent (30%).
6. All residences are limited to a maximum height of one (1) story.
7. The public improvements within manufactured home parks are developed in
accordance with title 10 of this code, which include:
44
a. Public utilities (telephone, cable, electric and/or gas service).
b. Sanitary sewer improvements.
c. Street and storm sewer improvements.
d. Water improvements.
8. Except as specifically regulated by this section, the provisions of sections 11-55-
13 through 11-55-19 of this title are considered and satisfactorily met.
E. Parks and recreational areas owned or operated by public bodies; other than the city of
Lakeville.
F. Personal wireless service antennas not located on a public structure, or existing tower as
regulated by chapter 30 of this title.
G. Social services or other activities which are not directly worship related as an accessory
use within a religious institutional building(s).
11-60-11: INTERIM USES:
In addition to other uses specifically identified elsewhere in this title, and subject to applicable
provisions of this title, the following are interim uses in the RM-2 district and are governed
by chapter 5 of this title:
A. Residential shelters as regulated by chapter 33 of this title.
B. Satellite TVROs greater than one meter (1 m) in diameter as regulated by chapter 30 of
this title.
C. Temporary classroom type structure for use by public or private institutions.
D. WECS exceeding the height limit of this district, as regulated by chapter 29 of this title.
11-60-13: USES BY ADMINISTRATIVE PERMIT:
In addition to other uses specifically identified elsewhere in this title, and subject to applicable
provisions of this chapter, performance standards established by this title, and processing
requirements of chapter 8 of this title, the following are uses allowed in an RM-2 district by
administrative permit:
A. Essential services, except transmission pipelines and transmission or substation lines in
excess of thirty three (33) kV and up to one hundred (100) kV, as regulated by chapter 26
of this title.
B. Model homes as regulated by chapter 27 of this title.
C. Personal wireless service antennas located upon a public or quasi-public structure or
existing tower, as regulated by chapter 30 of this title.
D. Temporary structures as regulated by chapter 28 of this title.
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E. WECS conforming to the height limit of this district, as regulated by chapter 29 of this title.
11-60-15: DEVELOPMENT DENSITY:
A. The maximum development density within an RM-3 district will be based on the net
buildable area for either a two-family dwelling, townhome, or a condominium subdivision
exclusive of major collector or arterial street rights of way, wetlands, major drainageways
as defined by the water resources management plan, water bodies and slopes steeper
than three to one (3:1) slope ratio.
B. The RM-3 zoning district allows for a variety of residential housing types. The maximum
development density shall be determined by the following lot area per unit standards:
1. Two-family dwellings, townhomes: Three thousand eight hundred (3,800) square
feet per unit.
11-60-17: LOT REQUIREMENTS AND SETBACKS:
The following minimum requirements shall be observed in an RM-3 district subject to additional
requirements, exceptions and modifications set forth in this title:
A. Detached Townhouse, Two-Family And Townhome Dwellings:
1. Unit Lots: The following minimum unit lot requirements shall be applied to the
subdivision of two-family or townhome dwellings to permit individual private
ownership of a single dwelling within such a structure:
a. Lot Area: Detached townhouse, two-family or townhome unit lots shall have
sufficient lot area to Include the living area, garages, decks, patios or
porches of the individual dwelling units.
2. Base Lot Setbacks:
a. A minimum setback of ten feet (10') shall be required at the periphery of
the base lot development.
3. Building Setbacks: The following minimum internal setbacks shall be imposed on
medium density developments that include more than one principal structure on a
base lot:
a. Minimum setback between buildings within the same base lot: Fourteen
feet (14').
b. Buildings shall be set back a minimum of thirty feet (30') from the back of
curb line of private drives, ten feet (10') from public rights of way except
that the garage face shall be set back twenty five feet (25') from public
rights of way, and fifteen feet (15') from guest parking areas.
c. A protective natural buffer and setback shall be provided for all designated
wetlands in conformance with section 11-16-13 of this title.
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11-60-19: COMMON AREAS:
The following minimum requirements shall be observed in the RM-3 district governing common
areas:
A. Ownership: All common areas within an RM-3 development not dedicated to the public
including, but not limited to, open space, driveways, private drives, parking areas, play
areas, etc., shall be owned in one of the following manners:
1. Condominium ownership pursuant to Minnesota Statutes 515A.1-106.
2. Two-family and townhome subdivision common areas shall be owned by the
owners of each unit lot, with each owner of a unit having an equal and undivided
interest in the common area.
B. Homeowners' Association: A homeowners' association shall be established for all two-
family and townhome developments within the RM-3 District, subject to review and
approval of the City Attorney, and shall be responsible for all exterior building
maintenance, approval of any exterior architectural modifications, landscaping, snow
clearing and regular maintenance of private driveways and other areas owned in common
when there is more than one individual property owner having interest within the
development.
11-60-21: DESIGN AND CONSTRUCTION STANDARDS:
A. Unit Size: The size of dwelling units shall comply with the minimums established in
section 11-17-13 of this title.
B. Unit Width: The minimum width of a dwelling unit within the RM-3 District shall be twenty
five feet (25').
C. Unit Construction:
1. Subdivision Requests: Building elevations and floor plans shall be furnished with
subdivision requests illustrating exterior building material and colors to
demonstrate compliance with chapter 17 of this title. Building floor plans shall
identify the interior storage space within each unit.
2. Decks Or Porches: Provision shall be made for possible decks, porches or
additions as part of the initial dwelling unit building plans. The unit lot shall be
configured and sized to include decks or porches.
3. Exterior Building Finish, Detached Townhome Dwelling, Two-Family, And
Townhouse Dwelling Units: The exterior of detached townhome, two-family and
townhouse 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, two-family and townhouse dwelling
structures shall comply with the following requirements:
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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.
D. Garages:
1. Each dwelling unit shall include an attached garage.
2. Garages shall comply with the following minimum size standards:
a. For dwellings with basements: Four hundred forty (440) square feet.
b. For dwellings without basements: Five hundred forty (540) square feet.
c. Garages shall be a minimum of twenty feet (20') in width measured by
interior dimensions.
E. Outside Storage: Outside storage shall be allowed only in designated areas which are
screened in accordance with chapter 21 of this title and under the ownership of the
property owners' association subject to other applicable provisions of this title.
F. Utilities:
1. Underground Or Exterior Service: All utilities serving an RM-2 district subdivision,
including telephone, electricity, gas and telecable shall be installed underground.
48
Exterior utility meters and/or fixtures shall be located in interior side or rear yards
when possible and shall be screened from view of adjacent properties and the
public right of way.
2. Public Utility Service: Separate public utility services shall be provided to each unit
unless exempted by the city engineer
3. Water Connection: Individual unit shutoff valves shall be provided.
4. Sewer Connection: Where more than one unit is served by a sanitary sewer
service, all maintenance and cleaning shall be the responsibility of the property
owners' association or owners.
G. Streets: All streets shall be public and shall comply with the design standards and
specifications as governed by title 10 of this code, except that the required right of way
width may be reduced to fifty feet (50') and the required street width reduced to twenty
eight feet (28') (back of curb to back of curb) by conditional use permit.
H. Drives:
1. Dead end private driveways shall serve a maximum of one structure or six (6) units
per side.
2. Private drives shall be under the ownership and control of the property owners'
association who shall be responsible for the maintenance, repair, and replacement
of surfacing. Said association shall maintain a capital improvement program for the
driveways under its ownership.
3. Private drives must include plans and areas for snow storage.
4. Private driveways shall be a minimum of twenty four feet (24') in width (back of
curb to back of curb) and shall be posted as no parking zones on both sides of the
driveway.
I. Guest Parking: At minimum, one-half (1/2) of guest parking spaces per unit shall be
provided in an off street parking lot or private drive at locations dispersed within the
development to provide convenient access to individual dwelling units. The design and
location of the off street parking shall be between or to the side of buildings in a manner
compatible with surrounding dwelling units, including (but not limited to) a minimum fifteen
foot (15') setback from principal buildings, decks, patios or other open spaces intended for
active use. Guest parking areas shall be screened in conformance with the requirements
of chapters 19 and 21 of this title.
J. Landscaping/Screening/Lighting: A detailed landscaping and lighting plan shall be
provided and implemented pursuant to section 11-16-17 and chapter 21 of this title. Said
landscaping and screening shall address the following:
1. All open areas of the development project which are not used or improved for
required parking areas, drives or storage shall be landscaped with a combination
of overstory trees, understory trees, shrubs, flowers and ground cover materials.
The plan for landscaping shall include ground cover, bushes, shrubbery, trees,
sculpture, fountains, decorative walks or other similar site design features or
49
materials in a quantity having a minimum value in conformance with the following
table:
Project Value Including
Building
Construction, Site
Preparation,
And Site Improvements Minimum Landscape Value
Below $1,000,000.00 2 percent
$1,000,001.00 _
$2,000,000.00
$20,000.00 plus 1 percent of project value in excess of
$1,000,000.00
$2,000,001.00 _
$3,000,000.00
$30,000.00 plus 0.75 percent of project value in excess of
$2,000,000.00
$3,000,001.00 _
$4,000,000.00
$37,500.00 plus 0.25 percent of project value in excess of
$3,000,000.00
Over $4,000,000.00 1 percent
2. Landscaping at the boundary of the site adjoining another property and the
immediate perimeter of the principal structure.
3. Buffer yard landscaping for yards bordering major collector and arterial streets.
4. Screening of guest parking areas.
5. All boulevards shall be sodded.
6. Screening of designated outdoor storage areas.
7. All landscaped areas, including on site traffic islands and all public rights of way
adjacent to the property (where access is allowed by the governmental
jurisdiction), shall have an inground irrigation system with an automatic controller.
K. Additional Requirements: In addition to the park dedication requirements stipulated by title
10 of this code, a minimum of ten percent (10%) of the gross development project area
shall be in usable open space and recreational use for the project residents. Such areas
shall be specifically designed for both the active and passive use by the project residents
and may include swimming pools, trails, nature areas, tot lots, exercise equipment,
saunas, etc. Said areas and facilities shall be private, except in those cases where the city
agrees to assume responsibility for all or a portion of the recreational space. In those
cases where private ownership is maintained, the land and facilities shall be subject to the
requirement of common areas as detailed in section 11-60-19 of this chapter.
11-60-23: BUILDING HEIGHT:
Except as provided for by section 11-17-7 of this title or other requirements, exceptions and
modifications set forth in this title, no structure within the RM-3 district shall exceed the following
height:
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A. Principal buildings: Three (3) stories or forty two feet (42'), whichever is less.
B. Accessory buildings: As regulated by subsection 11-18-9C of this title.
11-60-25: AFFORDABLE HOUSING:
Housing meeting the metropolitan council's livable communities criteria for affordability may be
exempted from subsections 11-60-21B, C, J, and K of this chapter by administrative permit,
provided guarantees satisfactory to the city are in place to ensure that "for sale" housing will meet
the requirement for initial sales and "for rent" housing will meet the requirement for the initial ten
(10) year rental period.
Section 78. Section 11-61-3.G of the Zoning Ordinance (RH-1 District – Permitted Uses)
is hereby repealed with subsequent sections renumbered accordingly:
G. Two-family dwelling units.
Section 78. Section 11-61-5 of the Zoning Ordinance (RH-1 District – Accessory Uses)
is hereby amended to add the following provision with subsequent sections renumbered
accordingly:
C. Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
F. Gardens for produce not to be offered for sale.
Section 79. Section 11-61-21.A of the Zoning Ordinance (RH-1 District – Building Height)
is hereby amended to add the following provision with subsequent sections renumbered
accordingly:
A. Principal buildings: Three (3) stories or forty two feet (42'), whichever is less.
Section 80. Section 11-62-5 of the Zoning Ordinance (RH-2 District – Accessory Uses)
is hereby amended to add the following provision with subsequent sections renumbered
accordingly:
C. Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
F. Gardens for produce not to be offered for sale.
Section 81. Section 11-62-13.B of the Zoning Ordinance (RH-2 District – Development
Density) is hereby amended to add the following provision with subsequent sections renumbered
accordingly:
B. The RH-2 district allows for a variety of residential housing types. The maximum
development density shall be determined by the following lot area per unit standards.
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1. Two-family dwellings and tTownhomes: Five thousand (5,000)three thousand
eight hundred (3,800) square feet per unit.
2. Multiple-family dwellings: Two thousand five hundred (2,500)(2,000) square feet
per unit.
3. Senior assisted living or continuing care retirement communities: One thousand
five hundred (1,500)(1,000) square feet per unit.
Section 82. Title 11 the City Code (Zoning Ordinance) is hereby amended to add Section
65 to include the following provisions:
Chapter 65
M-1, MIXED USE I-35 CORRIDOR DISTRICT
11-65-1: PURPOSE:
11-65-3: PERMITTED USES:
11-65-5: PERMITTED ACCESSORY USES:
11-65-7: CONDITIONAL USES:
11-65-9: INTERIM USES:
11-65-11: USES BY ADMINISTRATIVE PERMIT:
11-65-13: LOT REQUIREMENTS AND SETBACKS:
11-65-15: BUILDING HEIGHT:
11-65-1: PURPOSE:
The purpose of the M-1 District is to provide for development of commercial areas with opportunity
for incorporating multiple family dwellings within areas guided by the Comprehensive Plan for
Corridor Mixed Uses adjacent to the I-35 corridor.
11-65-3: PERMITTED USES:
In addition to other uses specifically identified elsewhere in this title, the following are permitted
uses in a M-1 district:
A. Bank, savings and loan, savings credit unions and other financial institutions.
B. Banquet facilities.
C. Commercial recreation, indoor.
D. Funeral homes and mortuaries.
E. Governmental and public utility buildings and structures; city of Lakeville only.
F. Hotels.
G. Instructional classes.
H. Offices, general and medical.
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I. Pawnshops.
J. Private clubs or lodges serving food and beverages with on-sale liquor.
K. Public garages and parking lots.
L. Restaurants, general with on-sale liquor.
M. Retail businesses.
N. Service businesses, on and off site.
O. Data centers.
P. Fitness centers and health clubs.
Q. Brew on premises.
R. Brewpub.
11-65-5: PERMITTED ACCESSORY USES:
In addition to other uses specifically identified elsewhere in this title, the following are permitted
accessory uses in a M-1 district:
A. Commercial or business buildings and structures for a use accessory to the principal use
but such use shall not exceed thirty percent (30%) of the gross floor space of the principal
use.
B. Community gardens as regulated by section 11-18-15 of this title.
C. Fences as regulated by chapter 21 of this title.
D. Ground source heat pump systems as regulated by chapter 29 of this title.
E. Off street loading as regulated by chapter 20 of this title.
F. Off street parking as regulated by chapter 19 of this title, but not including semitrailer
trucks, except in designated loading areas not to exceed four (4) hours.
G. Satellite TVROs as regulated by chapter 30 of this title.
H. Secondary or accessory use antennas or satellites as regulated by chapter 30 of this title.
I. Sexually oriented uses, accessory.
J. Signs as regulated by chapter 23 of this title.
K. Solar energy systems as regulated by chapter 29 of this title.
11-65-7: CONDITIONAL USES:
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In addition to other uses specifically identified elsewhere in this title, the following are conditional
uses in a M-1 district and require a conditional use permit based upon procedures set forth in and
regulated by chapter 4 of this title. Additionally, besides the specific standards and criteria which
may be cited below for respective conditional uses, each request for a conditional use permit shall
be evaluated based upon the standards and criteria set forth in subsection 11-4-3.E and
section 11-4-7 of this title.
A. Auto repair, minor, provided that:
1. The entire site other than that taken up by a building, structure or plantings shall
be surfaced with a material to control dust and drainage which is subject to the
approval of the city engineer.
2. A minimum lot area of twenty thousand (20,000) square feet and minimum lot width
of one hundred fifty feet (150').
3. A curb not less than six inches (6") above grade shall separate the public sidewalk
from motor vehicle service areas.
4. Parking or car magazine storage space shall be screened from view of abutting
residential districts in compliance with section 11-21-9 of this title.
5. No outside storage except as allowed in compliance with this chapter.
6. Sale of products other than those specifically mentioned in this section be subject
to a conditional use permit and be in compliance with this section.
7. All conditions pertaining to a specific site are subject to change when the council,
upon investigation in relation to a formal request, finds that the general welfare and
public betterment can be served as well or better by modifying the conditions.
B. Automobile repair, major, provided that:
1. All building materials and construction including those of accessory structures
must be in conformance with section 11-17-9 of this title.
2. Not less than twenty five percent (25%) of the lot, parcel or tract of land shall
remain as landscaped green area according to the approved landscape plan.
3. The entire area other than occupied by buildings or structures or planting shall be
surfaced with bituminous material or concrete which will control dust and drainage.
The entire area shall have a perimeter curb barrier, a stormwater drainage system
and is subject to the approval of the city engineer.
4. The following minimum requirements shall apply:
Lot area 1 acre
Lot width 100 feet
Setbacks:
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Front
yards
30 feet
Rear
yards
30 feet
Side
yards
20 feet on any one side, or 30 feet on the side yard abutting the major
street or residentially zoned property
5. The hours of operation shall be between seven o'clock (7:00) A.M. and six o'clock
(6:00) P.M. Evening hours of operation shall be subject to the approval of the city
council.
6. All painting must be conducted in an approved paint booth. All paint booths and all
other activities of the operation shall thoroughly control the emission of fumes, dust
or other particulate matter so that the use shall be in compliance with Minnesota
pollution control standards, Minnesota regulation APC 1-15, as amended.
7. The emission of odor by a use shall be in compliance with and regulated by the
Minnesota pollution control standards, Minnesota regulation APC 7011, as
amended.
8. All flammable materials, including liquids and rags, shall conform with the
applicable provisions of the Minnesota state fire code.
9. All outside storage is prohibited. The storage of damaged vehicles, vehicles being
repaired and vehicle parts and accessory equipment must be completely inside a
principal or accessory building.
10. All conditions pertaining to a specific site are subject to change when the council,
upon investigation in relation to a formal request, finds that the general welfare and
public betterment can be served by modifying the conditions.
C. Bottled gas sales outside of activities included with motor fuel sales in chapter 37 of this
title, provided that:
1. Retail sales activities connected with the principal use must constitute at least fifty
percent (50%) of the gross floor area of the principal use.
2. All flammable materials, including liquids and rags, shall conform with the
applicable provisions of the Minnesota state fire code. In addition, the conditional
use permit shall be reviewed and subject to conditions set forth by the city fire
marshal.
3. All outside storage is prohibited. The storage of all accessory equipment related to
the storage and sale of flammable fuels must be completely inside a principal or
accessory building.
D. Commercial car washes (drive-through, mechanical and self-service) provided that:
1. A car wash that is accessory to a convenience store/motor fuel facility shall be
included as part of the principal building.
55
2. Magazine or stacking space is constructed to accommodate six (6) vehicles per
wash stall and shall be subject to the approval of the city engineer.
3. Magazine or stacking space must not interfere with on site circulation patterns or
required on site parking or loading areas.
4. Parking or car magazine storage space shall be screened from view of abutting
residential districts in compliance with section 11-21-9 of this title.
5. Provisions are made to control and reduce noise and special precautions shall be
taken to limit the effects of noise associated with the car wash operation, dryer and
vacuum machines.
a. Where the car wash operation is within five hundred feet (500') of a
residential district, the exterior vehicle doors of the car wash must remain
closed during the entire operation cycle.
6. The location and operation of vacuum machines must not interfere with magazines
or stacking areas, on site circulation or on site parking and loading areas, and may
not be located in a yard abutting residentially zoned property.
7. Untreated water from the car wash shall not be discharged into the storm sewer.
If the water is to be pretreated and discharged into the storm sewer, the
pretreatment plans shall be subject to review and approval of the city engineer and
building official, and subject to applicable requirements of metropolitan council
environmental services and MPCA.
E. Commercial recreation, outdoor.
F. Community preschool, latchkey and adult education facilities provided that:
1. Licensing: The employees and facility are licensed by the state department of
human services and comply with the minimum requirements of the department of
welfare.
2. Ages: The ages of the children attending the preschool range from three (3) years
to twelve (12) years.
3. Hours: The hours of operation coincide with those of the commercial retail stores
in the area or complex.
4. Attendance: The attendance of children in the latchkey and preschool program is
on a long term scheduled enrollment program instead of on a temporary, sporadic
basis.
5. Lot Requirements And Setbacks: The proposed site for a community preschool,
latchkey and adult education facility must have a minimum lot area as determined
by the Minnesota department of welfare. The city council may increase the
required lot area in those cases where such an increase is considered necessary
to ensure compatibility of activities and maintain public health, safety and general
56
welfare. The community preschool, latchkey and adult education facility must meet
the minimum setback requirements of the respective zoning district.
6. Sewer And Water: All community preschool, latchkey and adult education facilities
shall have access to municipal sewer and water or have adequate private sewer
and water to protect the health and safety of all persons who occupy the facility.
7. Screening: Where the community preschool, latchkey and adult education facility
is in or abuts any residential use or zoned property, the community preschool,
latchkey and adult education facility shall provide screening along the shared
boundary of the two (2) uses. All of the required fencing and screening shall comply
with the fencing and screening requirements in sections 11-21-5 and 11-21-9 of
this title.
8. Parking:
a. When a community preschool, latchkey and adult education facility is a use
within a structure containing another principal use, each use shall be
calculated separately for determining the total off street parking spaces
required.
b. Parking and loading areas shall be separate from any outdoor play area.
9. Community Preschool, Latchkey And Adult Education Building/Space: The
building plans for the construction or alteration of a structure that shall be used as
a community preschool, latchkey and adult education facility shall be submitted to
the city for review by the building official to ensure the structure is in compliance
with the state fire and building codes. The facility shall meet the following
conditions:
a. The architectural appearance and functional plan of the building and site
shall comply with the requirements of section 11-17-9 of this title.
b. When the community preschool, latchkey and adult education facility is a
use within a multi-tenant building, it shall be located in a portion of the
building separated from the other uses located within the structure.
c. The community preschool, latchkey and adult education facility shall be
adequately soundproofed to remove extraneous noise that would interfere
with the community preschool, latchkey and adult education operation and
would affect the health, safety and welfare of the community preschool,
latchkey and adult education participants.
G. Connection of principal buildings across a property line for interior pedestrian or
vehicle use, provided that:
1. The exterior materials for the structure connecting the principal buildings
shall be consistent with the materials used for the principal buildings and
shall comply with Section 11-17-9.D of this title.
2. Setbacks:
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a. Except for the structure connecting the principal buildings, each
principal building shall comply with the setback requirements within
each lot.
b. The structure connecting the principal buildings shall not encroach
upon a required front yard or the required side yard of a corner lot.
3. The property owner(s) shall execute an agreement in a form approved by
the City Attorney to be recorded with each lot for the structure connecting
the principal buildings that includes, but is not limited to, provisions that
address:
a. Responsibilities for maintenance and repair to the structure
connecting the principal buildings.
b. Provision of utilities including temperature control, water, and/or
electricity.
(1) Water service to the structure connecting the principal
buildings shall be extended from the City water meter of one
(1) of the connected principal buildings.
c. Removal of the structure connecting the principal buildings and
termination of the agreement.
4. Grading and storm water management issues for the structure connecting
the principal buildings shall be subject to review and approval by the City
Engineer.
5. The structure connecting the principal buildings shall not encroach within
or over any drainage and utility easement; the property owner(s) shall
execute an agreement to be recorded with each lot addressing storm water
management along the common property line, subject to approval of the
City Engineer.
6. The structure connecting the principal buildings shall comply with the
requirements of the building code.
H. Convenience restaurants, provided that:
1. Hours: The hours of operation shall be limited to five o'clock (5:00) A.M. to eleven
o'clock (11:00) P.M., unless extended by the city council as part of the conditional
use permit.
2. Architectural Standards:
a. As a part of the conditional use permit application, a color illustration of all
building elevations must be submitted.
b. The architectural appearance, scale, construction materials, and functional
plan of the building and site shall not be dissimilar to the existing nearby
commercial and residential buildings, so as not to constitute a blighting
influence.
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c. All sides of the principal and accessory structures are to have essentially
the same or a coordinated harmonious finish treatment pursuant to
section 11-17-9 of this title.
d. Exterior wall treatments like brick, stone (natural or artificial), decorative
concrete block and stucco shall be used.
e. Earth tone colors of exterior materials including the canopy columns shall
be required. "Earth tone colors" shall be defined as any various soft colors
like those found in nature in soil, vegetation, etc., such colors are limited to
brown, black, gray, tan, beige, soft green, soft blue, or white.
f. Ten percent (10%) of the building facade may contain contrasting colors.
Contrasting colors shall be those colors not defined as earth tones. The
canopy may have contrasting color bands or accent lines not to exceed an
accumulative width of four inches (4"). The color bands shall not be
illuminated.
3. Landscaping:
a. At least twenty five percent (25%) of the lot, parcel or tract of land shall
remain as a grass plot, including trees, shrubbery, plantings or fencing and
shall be landscaped. Required minimum green area should be emphasized
in the front and side yards abutting streets or residential property.
b. At the boundaries of the lot, the following landscape area shall be required:
(1) From side and rear property lines, an area of not less than five feet
(5') wide shall be landscaped in compliance with section 11-21-9 of
this title.
(2) From all public rights-of-way, an area of not less than fifteen feet
(15') wide shall be landscaped in compliance with section 11-21-
9 of this title.
(3) Where lots abut residentially zoned property, a buffer yard of not
less than twenty feet (20') wide shall be landscaped and screened
in compliance with section 11-21-9 of this title.
(4) The property owner shall be responsible for maintenance of all
landscaping, including within the boulevard.
4. Dust Control And Drainage: The entire area other than occupied by buildings,
structures or plantings shall be surfaced with asphalt, concrete, cobblestone, or
paving brick to control dust and drainage, which is subject to review and approval
of the City Engineer.
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.
59
6. Access: Vehicular access points shall create a minimum of conflict with through
traffic movement and shall comply with chapter 19 of this title and shall be subject
to the approval of the City Engineer.
7. Drive-Through Windows: Service windows shall be allowed if the following
additional criteria are satisfied:
a. Stacking: Not less than one hundred eighty feet (180') of segregated
automobile stacking lane must be provided for the service window.
b. Traffic Control: The stacking lane and its access must be designed to
control traffic in a manner to protect the pedestrians, buildings and green
area on the site.
c. Use Of Street: No part of the public street or boulevard may be used for
stacking of automobiles.
8. Circulation And Loading: The site design must accommodate adequate turning
radius and vertical clearance for a semitrailer truck. Designated loading areas must
be exclusive of off street parking stalls and drive aisles and shall not cause conflicts
with customer vehicles and pedestrian movement. A site plan must be provided to
illustrate adequate turning radius, using appropriate engineering templates.
9. Pedestrian Traffic:
a. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles. In front of the principal structure, the
pedestrian sidewalk must be a minimum of five feet (5') wide and clear of
any obstacle or impediment.
b. A continuous and permanent concrete curb not less than six inches (6")
above grade shall separate internal sidewalks for pedestrian traffic from
motor vehicle areas, pursuant to the provisions of subsection 11-19-7I of
this title.
10. Noise: The stacking lane, order board intercom, and service window shall be
designed and located in such a manner as to minimize automobile and
communication noises, emissions, and headlight glare upon adjacent premises,
particularly residential premises, and to maximize maneuverability of vehicles on
the site. Noise control shall be required as regulated in section 11-16-25 of this
title.
11. Signs: All signs and informational or visual communication devices shall be
minimized and shall be in compliance with chapter 23 of this title and the following
provisions:
a. Comprehensive Sign Plan: A Comprehensive Sign Plan must be submitted
as part of a conditional use permit application.
b. Freestanding Sign: A freestanding sign allowed by chapter 23 of this title
shall be a monument sign constructed as follows:
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(1) The sign shall be self-supported vertically by a solid base extending
horizontally for a minimum of the entire width of the sign face. Total
height of the monument sign including the base shall not exceed
fifteen feet (15').
(2) The sign base and supporting material shall be equal to at least
forty percent (40%) of the total allowable sign square footage, and
shall not be counted toward the sign area. The base shall be
attached to the ground for its entire horizontal width of the sign. The
base shall be stone, brick, or decorative masonry and shall not
contain any sign copy.
c. Menu Signs: In addition to the freestanding sign allowed by chapter 23 of
this title, convenience food uses may display menu signs related to drive-
through facilities, provided that:
(1) Not more than two (2) menu signs per drive-through lane are
allowed.
(2) The menu sign(s) shall be single sided with an area not to exceed
fifty (50) square feet.
(3) The height of the menu sign(s) shall not exceed eight feet (8')
including its base or pole measured from grade to the top of the
structure.
(4) The menu sign(s) shall not encroach into any principal building setback and
shall be located directly adjacent to the drive-through aisle and oriented in
such a manner so that the sign provides information to the drive-through
patrons only and does not provide supplemental advertising to pass-by
traffic and does not impair site visibility or obstruct circulation.
12. Additional Stipulations: All conditions pertaining to a specific site are subject to
change when the Council, upon investigation in relation to a formal request finds
that the general welfare and public betterment can be served as well or better by
modifying or expanding the conditions set forth herein.
I. Daycare facilities as a principal use provided that the use complies with the provisions of
chapter 31 of this title.
J. Essential services involving transmission pipelines and transmission or substation lines in
excess of thirty three kilovolts (33 kV) and up to one hundred kilovolts (100 kV), as
regulated by chapter 26 of this title.
K. Governmental and public utility buildings and structures; other than City of Lakeville.
L. Manufactured home parks, provided that:
1. The minimum area required for a manufactured home park designation shall be
twenty (20) acres.
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2. The following minimum lot requirements within the manufactured home park are:
Lot area:
Corner 24,000 square feet
Interior 20,000 square feet
Lot width:
Corner 120 feet
Interior 100 feet
3. The following principal structure setbacks are satisfactorily met:
Front
yard
30 feet
Rear yard 30 feet
Side yard 15 feet on each side, or 30 feet on the side yard abutting a public right of
way
4. Accessory buildings, uses and equipment comply with the applicable provisions
of chapter 18 of this title.
5. Except as provided in chapter 17 of this title, the total ground floor area of all
residential buildings shall not exceed a lot coverage of thirty percent (30%).
6. All residences are limited to a maximum height of one (1) story.
7. The public improvements within manufactured home parks are developed in
accordance with title 10 of this code, which include:
a. Public utilities (telephone, cable, electric and/or gas service).
b. Sanitary sewer improvements.
c. Street and storm sewer improvements.
d. Water improvements.
8. Except as specifically regulated by this section, the provisions of sections 11-55-
13 through 11-55-19 of this title are considered and satisfactorily met.
M. Motor vehicle fuel sales with or without convenience grocery and/or prepared food as
regulated by chapter 37 of this title.
N. Multiple family dwellings within a stand-alone or mixed-use building, provided that:
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1. Development density:
a. The maximum development density within an RH-2 district will be based
on the net buildable area for either a two-family dwelling, townhome, or a
condominium subdivision exclusive of public street rights of way, wetlands,
major drainageways as defined by the water resources management plan,
water bodies and slopes steeper than three to one (3:1) slope ratio.
b. The maximum development density shall be determined by the following
lot area per unit standards:
(1) Multiple-family dwellings: Two thousand (2,000) square feet per
unit.
(2) Senior assisted living or continuing care retirement communities:
One thousand hundred (1,000) square feet per unit.
2. Building Height: Building height shall be as set forth in Section 11-65-15 of this
title except that principal buildings on lots abutting RS District zoned lots shall be
limited to four (4) stories or forty eight feet (48’) in height.
3. Architecture. Design and construction standards for principal and accessory
buildings shall be as specified in section 11-17-9.D of this title.
4. Off-Street Parking. A minimum of one (1) of the off-street parking stall per dwelling
unit required by Section 11-19-13 of this title shall be provided within an enclosed
garage below the principal building.
5. Buffer Yard. A yards abutting properties zoned RS District shall provide for a
minimum fifty (50) foot setback for all structures, off-street parking, or outdoor
recreation areas to be landscaped in accordance with the specifications
established by Section 11-21-9.E.6 of this title.
6. Open space. In addition to the park dedication requirements stipulated by title
10 of this code, a minimum of ten percent (10%) of the gross development project
area shall be in usable open space and recreational use for the project residents.
Such areas shall be specifically designed for both the active and passive use by
the project residents and may include swimming pools, trails, nature areas, tot lots,
exercise equipment, saunas, etc. Said areas and facilities shall be private, except
in those cases where the city agrees to assume responsibility for all or a portion of
the recreational space.
7. Affordable Housing. Housing meeting the metropolitan council's livable
communities criteria for affordability may be exempted from subsections 11-65-
7.M.3, 4, and 6 of this title, provided guarantees satisfactory to the city are in place
to ensure that "for sale" housing will meet the requirement for initial sales and "for
rent" housing will meet the requirement for the initial ten (10) year rental period.
O. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum lot area and lot width
requirements of section 11-73-13 of this chapter.
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2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks,
etc., shall be maintained in one of the following ways:
a. All of the property including buildings and common areas shall be owned
by a single entity.
b. Condominium ownership pursuant to Minnesota Statutes 515A.1-106.
c. The property shall be divided into a base lot and unit lots to allow for
individual ownership of the principal buildings or individual tenant spaces
within the principal building, with each owner of a unit lot having an equal
and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive
exterior entrance.
(2) A management association shall be established for all commercial
developments with multiple principal buildings subdivided in a base
lot/unit lot configuration that is to be responsible for all exterior
building maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance
of driveways and parking areas, subject to review and approval of
the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone,
electricity, gas, and telecable shall be installed underground. Exterior utility
meters and fixtures shall be located in interior side or rear yards when
possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to
each unit unless exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be
provided.
(2) Sewer connection: Where more than one unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the maintenance association or owners.
P. Nursing homes, residential care facilities, continuing care retirement communities and
senior housing with services establishments licensed by the Minnesota department of
health provided that:
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1. Side and rear yards shall be screened in compliance with section 11-21-9 of this
title.
2. Only the rear yard shall be used for recreational areas. Said area shall be fenced
and controlled and screened in compliance with section 11-21-9 of this title.
3. The site shall be served by an arterial or collector street of sufficient capacity to
accommodate traffic which will be generated by the use.
4. All state statutes and rules governing such uses are strictly adhered to and all
required operating permits are secured.
Q. Personal wireless service antennas not located on an existing structure or tower, as
regulated by chapter 30 of this title.
R. Pet shops which may include pet grooming, pet supplies, and/or pet accessories, provided
that:
1. All areas in which animals are confined are located indoors and are properly
soundproofed from adjacent properties or tenants in the case of multiple
occupancy buildings.
2. Animal wastes are disposed of at least once each day via an existing sanitary
sewer system or enclosed in a container of sufficient construction at least once a
day to minimize odors.
3. The floors and walls of pet grooming areas are made of nonporous materials or
sealed concrete to make them nonporous.
4. All applicable requirements of this code regarding the keeping and care of animals
are satisfactorily met.
5. No commercial boarding or kenneling of animals shall be allowed.
6. The breeding of cats and dogs is prohibited unless expressly allowed by the
conditional use permit.
7. All applicable provisions of Minnesota statutes sections 346.35 through 346.58
regarding the commercial keeping and care of animals are satisfactorily met.
8. All animals to be sold are acquired from a licensed animal broker.
S. Religious institutions such as churches, chapels, temples, and synagogues, including
social services.
T. Theaters, indoor.
U. Veterinary clinics provided that:
1. All areas in which animals are confined are located indoors and are properly
soundproofed from adjacent properties.
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2. Animal carcasses are properly disposed of in a manner not utilizing on site garbage
facilities or incineration and the carcasses are properly refrigerated during periods
prior to disposal.
3. An animal kennel is permitted as a use accessory to the veterinary clinic provided
that:
a. The number of animals boarded shall not exceed twenty (20).
b. An indoor exercise area shall be provided to accommodate the periodic
exercising of animals boarded at the kennel. No outdoor exercising of
animals shall be permitted.
c. A ventilation system shall be designed so that no odors or organisms will
spread between wards or to the outside air and will be capable of
completely exchanging internal air at a rate of at least twice per hour. Air
temperature must be maintained between sixty degrees (60°) and seventy
five degrees Fahrenheit (75°F).
d. A room separate from the kennel area shall be provided of sufficient size
to adequately separate animals that are sick or injured from healthy
animals.
e. Indoor animal kennel floors and walls shall be made of nonporous materials
or sealed concrete to make it nonporous.
f. Animal wastes shall be flushed down an existing sanitary sewer system or
enclosed in a container of sufficient construction to eliminate odors and
organisms and shall be properly disposed of at least once a day.
g. The appropriate license is obtained from the City Clerk and the conditions
of section 5-1-12 of this Code are met.
h. All State Health Department and Minnesota Pollution Control Agency
requirements for such facilities are met.
4. There shall be adequate physical separation within a multiple occupancy building
between the veterinary clinic and other individual tenant spaces to protect public
health and safety.
V. Commercial kennels for dogs, cats, and other domestic animals provided that:
1. The facility shall be licensed in accordance with the rules of the Minnesota Board
of Animal Health.
2. Indoor animal kennel floors and walls shall be made of nonporous materials or
sealed to make it nonporous.
3. A room or cage separate from the primary kennel area shall be provided to
adequately separate animals that are sick or injured from healthy animals.
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4. All animal waste shall be disposed of at least once per day to prevent a public
nuisance by being flushed down an existing sanitary sewer system or enclosed in
a container of sufficient construction to eliminate odors and organisms that shall
be emptied by a waste disposal service a minimum of two (2) times every seven
(7) days, or as otherwise determined to be necessary to protect public health,
safety and welfare.
5. A ventilation system shall be provided capable of completely exchanging internal
air at a rate of 1.00 cfm/square foot of floor space per area dedicated for the
keeping of animals, exclusive of offices, pursuant to chapter 1346 of the Minnesota
State Building Code.
6. Within a multiple tenant building, there shall be adequate physical separation,
including soundproofing, between the kennel and other individual tenant spaces to
protect public health and safety and prevent nuisance issues.
7. Outdoor exercise areas shall be allowed for a kennel within a single occupancy
building only, subject to the following requirements:
a. The property shall be set back a minimum of five hundred feet (500') from
any Residential District.
b. The outdoor exercise area shall be located only within an interior side yard
or rear yard.
c. The outdoor exercise area shall be set back a minimum of fifteen feet (15')
from all lot lines.
d. A solid fence with a minimum height of six feet (6') shall be provided in
compliance with the requirements of section 11-21-5 of this title to screen
the outdoor exercise area from surrounding properties and public rights-of-
way.
e. The outdoor exercise area shall be contained within a raised curb to contain
waste runoff and must include a waste filtration bed with once per year
excavation and disposal or connection to the sanitary sewer system.
f. An attendant shall be present at all times to control animals that are
outdoors and prevent nuisance issues including, but not limited to, noise.
g. No animals shall be allowed to be outdoors between the hours of ten
o'clock (10:00) P.M. and six o'clock (6:00) A.M. (Ord. 1010, 5-20-2019)
W. Microdistilleries with tasting rooms.
X. Small breweries with taprooms.
11-65-9: INTERIM USES:
In addition to other uses specifically identified elsewhere in this title, and subject to applicable
provisions of this title, the following are interim uses in the M-1 District and are governed
by chapter 5 of this title:
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A. Outdoor service, sale and rental as an accessory use, provided that:
1. Outside services, sales and equipment rental connected with the principal use is
limited to thirty percent (30%) of the gross floor area of the principal use.
2. Outside sales areas are fenced or screened from view of neighboring residential
uses or an abutting Residential District in compliance with section 11-21-9 of this
title.
3. Sales area is surfaced with asphalt, concrete or pavers to control dust.
4. The use does not take up parking space as required for conformity to this title.
5. The interim use permit shall terminate upon a change of occupancy or other date
as determined by the City Council in accordance with section 11-5-7 of this title.
B. Outdoor storage as an accessory use, provided that:
1. Outside storage connected with the principal use is limited to thirty percent (30%)
of the gross floor area of the principal use.
2. The storage area is fenced and screened from view of neighboring residential
uses, abutting Residential Districts and the public right-of-way in compliance with
section 11-21-9 of this title.
3. The storage area is surfaced with asphalt, concrete or pavers to control dust.
4. The storage area does not take up parking space as required for conformity
to chapter 19 of this title.
5. The storage does not include any waste, except as provided in section 11-18-11 of
this title.
6. The interim use permit shall terminate upon a change of occupancy or other date
as determined by the City Council in accordance with section 11-5-7 of this title.
C. WECS exceeding the height limit of this district, as regulated by chapter 29 of this title.
11-65-11: USES BY ADMINISTRATIVE PERMIT:
In addition to other uses specifically identified elsewhere in this title, and subject to applicable
provisions of this section, performance standards established by this chapter, and processing
requirements of chapter 8 of this title, the following are uses allowed in a M-1 District by
administrative permit:
A. Essential services, except transmission pipelines and transmission or substation lines in
excess of thirty three (33) kV and up to one hundred (100) kV, as regulated by chapter 26
of this title.
B. Open or outdoor sales, rental or display as an accessory use in association with an
allowed principal use provided that:
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1. The area so occupied shall not exceed ten percent (10%) of the principal building.
2. No storage or display of merchandise shall be permitted in required rear, side or
front yards and shall be limited to the area of the customer entrances.
3. The outdoor sales, rental or display area shall be included in the calculations for
parking spaces required for the use and shall not occupy space required for
parking as stipulated by chapter 19 of this title, except as may be exempted for
cause by the zoning administrator.
4. Propane sales (not refilling) limited to twenty (20) pound capacity tanks provided
that:
a. The propane tanks are secured in a locker and meet all state uniform
building and fire codes.
b. The storage locker shall be located upon a concrete or asphalt surface
adjacent to the principal building.
c. The storage locker shall not encroach into any required principal building
setback, required parking stall, drive aisle or pedestrian sidewalk or
otherwise impede vehicle and pedestrian circulation.
C. Personal wireless service antennas located upon an existing structure or tower or
temporary mobile tower as regulated by chapter 30 of this title.
D. Temporary, outdoor promotional events and sales provided that:
1. Outdoor Sales (Except Promotional Events, Christmas Trees And Transient
Merchant Sales):
a. Such activity is directed toward the general public and includes grand
openings, warehouse sales, sidewalk sales, inventory reduction or
liquidation sales, distressed merchandise sales, and seasonal
merchandise sales (except Christmas trees).
b. The following specific standards shall apply to all proposed temporary
outdoor sales activities allowed by this subsection and by city code
business licensing provisions in addition to other applicable building and
safety code requirements as determined by the zoning administrator:
(1) The maximum total time for temporary outdoor sales activities shall
be the period specified in the administrative permit and, in no case,
shall exceed sixty (60) days per calendar year per property.
(2) There shall be no more sales activities than those specified in the
administrative permit and, in no case, shall there be more than ten
(10) sales activities per year per property.
(3) Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking,
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traffic circulation or emergency vehicle access. Temporary sales on
unpaved landscaped areas is prohibited.
2. Promotional Events, Outdoor Christmas Tree And Transient Merchant Sales:
a. Such activity is directed toward the general public and consists of the sales
of cut evergreen trees, boughs, wreaths and other natural holiday
decorations and related products, sales of produce or other licensed
transient sales and displays of materials that are typically not sold or
serviced on the site.
b. The following specific standards shall apply to all proposed outdoor events
and sales allowed by this subsection and by city code business licensing
provisions in addition to other applicable building and safety code
requirements as determined by the zoning administrator:
(1) The maximum total time for sales activities shall be the period
specified in the administrative permit and, in no case, shall exceed
ninety (90) days per calendar year per property.
(2) There shall be no more than one sales activity per year per
property, which shall be in addition to any promotional events or
other outdoor sales permitted on the property.
(3) Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with seasonal
parking demand, traffic, circulation or emergency vehicle access.
Sales on unpaved landscaped areas are prohibited.
3. General Standards:
a. The event shall be clearly accessory to or promoting the permitted or
conditional use approved for the site. Only merchandise which is normally
manufactured, sold, or stocked by the occupant on the subject premises,
except Christmas trees and plant sales, shall be sold and/or promoted.
b. Tents, stands, and other similar temporary structures may be utilized,
provided they are clearly identified on the submitted plan and provided that
it is determined by the zoning administrator that they will not impair the
parking capacity, emergency access, or the safe and efficient movement
of pedestrian and vehicular traffic on or off the site.
c. The submitted plan shall clearly demonstrate that adequate off street
parking for the proposed event can and will be provided for the duration of
the event. Determination of compliance with this requirement shall be made
by the zoning administrator who shall consider the nature of the event and
the applicable parking requirements of chapter 19 of this title.
Consideration shall be given to the parking needs and requirements of
other occupants in the case of multiple-tenant buildings. Parking on public
right of way and streets is prohibited; except that parking on local streets
may be allowed on Saturday and Sunday only, provided that the petitioner
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arranges for traffic control by authorized enforcement officers, as approved
in writing by the chief of police, at the petitioner's expense.
d. Signage related to the event shall be in compliance with the temporary sign
standards of chapter 23 of this title and shall be allowed for the duration of
the event. Special signage for purposes of traffic direction and control may
be authorized by the zoning administrator; the erection and removal of such
signage shall be the responsibility of the applicant.
e. The approved permit shall be displayed on the premises for the duration of
the event.
E. Temporary structures as regulated by chapter 28 of this title.
F. WECS that comply with the height limit of this district, as regulated by chapter 29 of this
title.
G. Daycare facilities as an accessory use provided that the use complies with the provisions
of chapter 31 of this title.
H. Unattended outdoor receptacles for accepting donations to an organization as a
secondary use:
1. There shall not be more than one (1) outdoor donation receptacle per property.
2. The location of the donation receptacle shall be clearly indicated on the site plan
and reviewed at the time of application for an administrative permit.
3. The donation receptacle shall be located upon a concrete or asphalt surface
directly abutting the principal building and shall not impede vehicle and pedestrian
circulation within the site or encroach into any:
a. Public right of way.
b. Required principal building setback.
c. Required parking stall or drive aisle.
d. Private pedestrian sidewalk reducing its width to less than three feet (3').
4. The footprint of the donation receptacle shall not exceed twenty four (24) square
feet.
5. The height of the donation receptacle shall not exceed seven feet (7') in height.
6. Any signage shall be affixed to the side(s) of donation receptacle and shall not
exceed fifty percent (50%) of the area per side of the donation receptacle; contact
information for the owner shall also be displayed on at least one side of the
donation receptacle.
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7. The donation receptacle must be maintained so as to be secure, not have graffiti
and otherwise free from damage and in good repair so as not to cause a public
nuisance.
8. Items shall not be left outside of the donation receptacle and the property owner
shall be responsible to provide for daily inspection to ensure compliance.
9. Noncompliance with the requirements of this subsection H or any stipulations of
approval may result in revocation of the administrative permit and require
immediate removal of the donation receptacle.
11-65-13: LOT REQUIREMENTS AND SETBACKS:
The following minimum requirements shall be observed in a M-1 district subject to additional
requirements, exceptions and modifications set forth in this title:
Lot area 20,000 square feet
Lot width 100 feet
Setbacks:
Front
yards
30 feet
Rear
yards
10 feet, or 30 feet abutting residential zoned property
Side
yards
10 feet on any 1 side, or 30 feet on the side yard abutting a street or
residential zoned property
11-65-15: BUILDING HEIGHT:
Except as provided for by section 11-17-7 of this title or other requirements, exceptions and
modifications set forth in this title, no structure within the M-1 district shall exceed the following
height:
A. Principal buildings: Six (6) stories or sixty five feet (65'), whichever is less.
B. Accessory buildings: As regulated by subsection 11-18-9C of this title.
Section 83. Title 11 the City Code (Zoning Ordinance) is hereby amended to add Section
66 to include the following provisions:
Chapter 66
M-2, MIXED USE CEDAR CORRIDOR DISTRICT
11-66-1: PURPOSE:
11-66-3: PERMITTED USES:
11-66-5: PERMITTED ACCESSORY USES:
11-66-7: CONDITIONAL USES:
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11-66-9: INTERIM USES:
11-66-11: USES BY ADMINISTRATIVE PERMIT:
11-66-13: LOT REQUIREMENTS AND SETBACKS:
11-66-15: BUILDING HEIGHT:
11-66-1: PURPOSE:
The purpose of the M-2 District is to provide for development of commercial and high density
residential uses that enhance and contribute to the City’s identity within the Cedar Avenue corridor
guided by the Comprehensive Plan for Corridor Mixed Uses that will utilize and support transit
services.
11-66-3: PERMITTED USES:
In addition to other uses specifically identified elsewhere in this title, the following are permitted
uses in a M-2 district:
A. Bank, savings and loan, savings credit unions and other financial institutions.
B. Banquet facilities.
C. Commercial recreation, indoor.
D. Governmental and public utility buildings and structures; city of Lakeville only.
E. Hotels.
F. Instructional classes.
G. Offices, general and medical.
H. Private clubs or lodges serving food and beverages with on-sale liquor.
I. Public garages and parking lots.
J. Restaurants, general with on-sale liquor.
K. Retail businesses.
L. Service businesses, on and off site.
M. Fitness centers and health clubs.
N. Brew on premises.
O. Brewpub.
11-66-5: PERMITTED ACCESSORY USES:
In addition to other uses specifically identified elsewhere in this title, the following are permitted
accessory uses in a M-2 district:
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A. Commercial or business buildings and structures for a use accessory to the principal use
but such use shall not exceed thirty percent (30%) of the gross floor space of the principal
use.
B. Community gardens as regulated by section 11-18-15 of this title.
C. Fences as regulated by chapter 21 of this title.
D. Ground source heat pump systems as regulated by chapter 29 of this title.
E. Off street loading as regulated by chapter 20 of this title.
F. Off street parking as regulated by chapter 19 of this title, but not including semitrailer
trucks, except in designated loading areas not to exceed four (4) hours.
G. Satellite TVROs as regulated by chapter 30 of this title.
H. Secondary or accessory use antennas or satellites as regulated by chapter 30 of this title.
I. Sexually oriented uses, accessory.
J. Signs as regulated by chapter 23 of this title.
K. Solar energy systems as regulated by chapter 29 of this title.
11-66-7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere in this title, the following are conditional
uses in a M-2 district and require a conditional use permit based upon procedures set forth in and
regulated by chapter 4 of this title. Additionally, besides the specific standards and criteria which
may be cited below for respective conditional uses, each request for a conditional use permit shall
be evaluated based upon the standards and criteria set forth in subsection 11-4-3.E and
section 11-4-7 of this title.
A. Bottled gas sales, provided that:
1. Retail sales activities connected with the principal use must constitute at least fifty
percent (50%) of the gross floor area of the principal use.
2. All flammable materials, including liquids and rags, shall conform with the
applicable provisions of the Minnesota state fire code. In addition, the conditional
use permit shall be reviewed and subject to conditions set forth by the city fire
marshal.
3. All outside storage is prohibited. The storage of all accessory equipment related to
the storage and sale of flammable fuels must be completely inside a principal or
accessory building.
B. Commercial recreation, outdoor.
C. Community preschool, latchkey and adult education facilities provided that:
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1. Licensing: The employees and facility are licensed by the state department of
human services and comply with the minimum requirements of the department of
welfare.
2. Ages: The ages of the children attending the preschool range from three (3) years
to twelve (12) years.
3. Hours: The hours of operation coincide with those of the commercial retail stores
in the area or complex.
4. Attendance: The attendance of children in the latchkey and preschool program is
on a long term scheduled enrollment program instead of on a temporary, sporadic
basis.
5. Lot Requirements And Setbacks: The proposed site for a community preschool,
latchkey and adult education facility must have a minimum lot area as determined
by the Minnesota department of welfare. The city council may increase the
required lot area in those cases where such an increase is considered necessary
to ensure compatibility of activities and maintain public health, safety and general
welfare. The community preschool, latchkey and adult education facility must meet
the minimum setback requirements of the respective zoning district.
6. Sewer And Water: All community preschool, latchkey and adult education facilities
shall have access to municipal sewer and water or have adequate private sewer
and water to protect the health and safety of all persons who occupy the facility.
7. Screening: Where the community preschool, latchkey and adult education facility
is in or abuts any residential use or zoned property, the community preschool,
latchkey and adult education facility shall provide screening along the shared
boundary of the two (2) uses. All of the required fencing and screening shall comply
with the fencing and screening requirements in sections 11-21-5 and 11-21-9 of
this title.
8. Parking:
a. When a community preschool, latchkey and adult education facility is a use
within a structure containing another principal use, each use shall be
calculated separately for determining the total off street parking spaces
required.
b. Parking and loading areas shall be separate from any outdoor play area.
9. Community Preschool, Latchkey And Adult Education Building/Space: The
building plans for the construction or alteration of a structure that shall be used as
a community preschool, latchkey and adult education facility shall be submitted to
the city for review by the building official to ensure the structure is in compliance
with the state fire and building codes. The facility shall meet the following
conditions:
a. The architectural appearance and functional plan of the building and site
shall comply with the requirements of section 11-17-9 of this title.
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b. When the community preschool, latchkey and adult education facility is a
use within a multi-tenant building, it shall be located in a portion of the
building separated from the other uses located within the structure.
c. The community preschool, latchkey and adult education facility shall be
adequately soundproofed to remove extraneous noise that would interfere
with the community preschool, latchkey and adult education operation and
would affect the health, safety and welfare of the community preschool,
latchkey and adult education participants.
D. Connection of principal buildings across a property line for interior pedestrian or vehicle
use, provided that:
1. The exterior materials for the structure connecting the principal buildings shall be
consistent with the materials used for the principal buildings and shall comply with
Section 11-17-9.D of this title.
2. Setbacks:
a. Except for the structure connecting the principal buildings, each principal
building shall comply with the setback requirements within each lot.
b. The structure connecting the principal buildings shall not encroach upon a
required front yard or the required side yard of a corner lot.
3. The property owner(s) shall execute an agreement in a form approved by the City
Attorney to be recorded with each lot for the structure connecting the principal
buildings that includes, but is not limited to, provisions that address:
a. Responsibilities for maintenance and repair to the structure connecting the
principal buildings.
b. Provision of utilities including temperature control, water, and/or electricity.
(1) Water service to the structure connecting the principal buildings
shall be extended from the City water meter of one (1) of the
connected principal buildings.
c. Removal of the structure connecting the principal buildings and termination
of the agreement.
4. Grading and storm water management issues for the structure connecting the
principal buildings shall be subject to review and approval by the City Engineer.
5. The structure connecting the principal buildings shall not encroach within or over
any drainage and utility easement; the property owner(s) shall execute an
agreement to be recorded with each lot addressing storm water management
along the common property line, subject to approval of the City Engineer.
6. The structure connecting the principal buildings shall comply with the requirements
of the building code.
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E. Convenience restaurants, provided that:
1. Hours: The hours of operation shall be limited to five o'clock (5:00) A.M. to eleven
o'clock (11:00) P.M., unless extended by the city council as part of the conditional
use permit.
2. Architectural Standards:
a. As a part of the conditional use permit application, a color illustration of all
building elevations must be submitted.
b. The architectural appearance, scale, construction materials, and functional
plan of the building and site shall not be dissimilar to the existing nearby
commercial and residential buildings, so as not to constitute a blighting
influence.
c. All sides of the principal and accessory structures are to have essentially
the same or a coordinated harmonious finish treatment pursuant to
section 11-17-9 of this title.
d. Exterior wall treatments like brick, stone (natural or artificial), decorative
concrete block and stucco shall be used.
e. Earth tone colors of exterior materials including the canopy columns shall
be required. "Earth tone colors" shall be defined as any various soft colors
like those found in nature in soil, vegetation, etc., such colors are limited to
brown, black, gray, tan, beige, soft green, soft blue, or white.
f. Ten percent (10%) of the building facade may contain contrasting colors.
Contrasting colors shall be those colors not defined as earth tones. The
canopy may have contrasting color bands or accent lines not to exceed an
accumulative width of four inches (4"). The color bands shall not be
illuminated.
3. Dust Control And Drainage: The entire area other than occupied by buildings,
structures or plantings shall be surfaced with asphalt, concrete, cobblestone, or
paving brick to control dust and drainage, which is subject to review and approval
of the City Engineer.
4. 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.
5. Access: Vehicular access points shall create a minimum of conflict with through
traffic movement and shall comply with chapter 19 of this title and shall be subject
to the approval of the City Engineer.
6. Drive-Through Windows: Service windows for vehicles shall be prohibited.
7. Circulation And Loading: The site design must accommodate adequate turning
radius and vertical clearance for a semitrailer truck. Designated loading areas must
be exclusive of off street parking stalls and drive aisles and shall not cause conflicts
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with customer vehicles and pedestrian movement. A site plan must be provided to
illustrate adequate turning radius, using appropriate engineering templates.
8. Pedestrian Traffic:
a. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles. In front of the principal structure, the
pedestrian sidewalk must be a minimum of five feet (5') wide and clear of
any obstacle or impediment.
b. A continuous and permanent concrete curb not less than six inches (6")
above grade shall separate internal sidewalks for pedestrian traffic from
motor vehicle areas, pursuant to the provisions of subsection 11-19-7I of
this title.
9. Signs: All signs and informational or visual communication devices shall be
minimized and shall be in compliance with chapter 23 of this title and the following
provisions:
a. Comprehensive Sign Plan: A Comprehensive Sign Plan must be submitted
as part of a conditional use permit application.
b. Freestanding Sign: A freestanding sign allowed by chapter 23 of this title
shall be a monument sign constructed as follows:
(1) The sign shall be self-supported vertically by a solid base extending
horizontally for a minimum of the entire width of the sign face. Total
height of the monument sign including the base shall not exceed
fifteen feet (15').
(2) The sign base and supporting material shall be equal to at least
forty percent (40%) of the total allowable sign square footage, and
shall not be counted toward the sign area. The base shall be
attached to the ground for its entire horizontal width of the sign. The
base shall be stone, brick, or decorative masonry and shall not
contain any sign copy.
12. Additional Stipulations: All conditions pertaining to a specific site are subject to
change when the Council, upon investigation in relation to a formal request finds
that the general welfare and public betterment can be served as well or better by
modifying or expanding the conditions set forth herein.
F. Daycare facilities as a principal use provided that the use complies with the provisions of
chapter 31 of this title.
G. Essential services involving transmission pipelines and transmission or substation lines in
excess of thirty three kilovolts (33 kV) and up to one hundred kilovolts (100 kV), as
regulated by chapter 26 of this title.
H. Governmental and public utility buildings and structures; other than City of Lakeville.
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I. Manufactured home parks, provided that:
1. The minimum area required for a manufactured home park designation shall be
twenty (20) acres.
2. The following minimum lot requirements within the manufactured home park are:
Lot area:
Corner 24,000 square feet
Interior 20,000 square feet
Lot width:
Corner 120 feet
Interior 100 feet
3. The following principal structure setbacks are satisfactorily met:
Front
yard
30 feet
Rear yard 30 feet
Side yard 15 feet on each side, or 30 feet on the side yard abutting a public right of
way
4. Accessory buildings, uses and equipment comply with the applicable provisions
of chapter 18 of this title.
5. Except as provided in chapter 17 of this title, the total ground floor area of all
residential buildings shall not exceed a lot coverage of thirty percent (30%).
6. All residences are limited to a maximum height of one (1) story.
7. The public improvements within manufactured home parks are developed in
accordance with title 10 of this code, which include:
a. Public utilities (telephone, cable, electric and/or gas service).
b. Sanitary sewer improvements.
c. Street and storm sewer improvements.
d. Water improvements.
8. Except as specifically regulated by this section, the provisions of sections 11-55-
13 through 11-55-19 of this title are considered and satisfactorily met.
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J. Multiple family dwellings within a stand-alone or mixed-use building, provided that:
1. Development density:
a. The maximum development density within an RH-2 district will be based on
the net buildable area for either a two-family dwelling, townhome, or a
condominium subdivision exclusive of public street rights of way, wetlands,
major drainageways as defined by the water resources management plan,
water bodies and slopes steeper than three to one (3:1) slope ratio.
b. The maximum development density shall be determined by the following lot
area per unit standards:
(1) Multiple-family dwellings: One thousand six hundred seventy five
(1,675) square feet per unit.
(3) Senior assisted living or continuing care retirement communities: One
thousand hundred (1,000) square feet per unit.
2. Architecture. Design and construction standards for principal and accessory buildings
shall be as specified in section 11-17-9.D of this title.
3. Off-Street Parking. A minimum of one (1) of the off-street parking stall per dwelling
unit required by Section 11-19-13 of this title shall be provided within an enclosed
garage below the principal building.
4. Open space. In addition to the park dedication requirements stipulated by title 10 of
this code, a minimum of ten percent (10%) of the gross development project area shall
be in usable open space and recreational use for the project residents. Such areas
shall be specifically designed for both the active and passive use by the project
residents and may include swimming pools, trails, nature areas, tot lots, exercise
equipment, saunas, etc. Said areas and facilities shall be private, except in those
cases where the city agrees to assume responsibility for all or a portion of the
recreational space.
5. Affordable Housing. Housing meeting the metropolitan council's livable
communities criteria for affordability may be exempted from subsections 11-65-
7.M.2, 3, and 4 of this title, provided guarantees satisfactory to the city are in place
to ensure that "for sale" housing will meet the requirement for initial sales and "for
rent" housing will meet the requirement for the initial ten (10) year rental period.
K. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum lot area and lot width
requirements of section 11-73-13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks,
etc., shall be maintained in one of the following ways:
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a. All of the property including buildings and common areas shall be owned
by a single entity.
b. Condominium ownership pursuant to Minnesota Statutes 515A.1-106.
c. The property shall be divided into a base lot and unit lots to allow for
individual ownership of the principal buildings or individual tenant spaces
within the principal building, with each owner of a unit lot having an equal
and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive
exterior entrance.
(2) A management association shall be established for all commercial
developments with multiple principal buildings subdivided in a base
lot/unit lot configuration that is to be responsible for all exterior
building maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance
of driveways and parking areas, subject to review and approval of
the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone,
electricity, gas, and telecable shall be installed underground. Exterior utility
meters and fixtures shall be located in interior side or rear yards when
possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to
each unit unless exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be
provided.
(2) Sewer connection: Where more than one unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the maintenance association or owners.
L. Nursing homes, residential care facilities, continuing care retirement communities and
senior housing with services establishments licensed by the Minnesota department of
health provided that:
1. Side and rear yards shall be screened in compliance with section 11-21-9 of this
title.
2. Only the rear yard shall be used for recreational areas. Said area shall be fenced
and controlled and screened in compliance with section 11-21-9 of this title.
3. The site shall be served by an arterial or collector street of sufficient capacity to
accommodate traffic which will be generated by the use.
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4. All state statutes and rules governing such uses are strictly adhered to and all
required operating permits are secured.
M. Personal wireless service antennas not located on an existing structure or tower, as
regulated by chapter 30 of this title.
N. Pet shops which may include pet grooming, pet supplies, and/or pet accessories, provided
that:
1. All areas in which animals are confined are located indoors and are properly
soundproofed from adjacent properties or tenants in the case of multiple
occupancy buildings.
2. Animal wastes are disposed of at least once each day via an existing sanitary
sewer system or enclosed in a container of sufficient construction at least once a
day to minimize odors.
3. The floors and walls of pet grooming areas are made of nonporous materials or
sealed concrete to make them nonporous.
4. All applicable requirements of this code regarding the keeping and care of animals
are satisfactorily met.
5. No commercial boarding or kenneling of animals shall be allowed.
6. The breeding of cats and dogs is prohibited unless expressly allowed by the
conditional use permit.
7. All applicable provisions of Minnesota statutes sections 346.35 through 346.58
regarding the commercial keeping and care of animals are satisfactorily met.
8. All animals to be sold are acquired from a licensed animal broker.
O. Veterinary clinics provided that:
1. All areas in which animals are confined are located indoors and are properly
soundproofed from adjacent properties.
2. Animal carcasses are properly disposed of in a manner not utilizing on site garbage
facilities or incineration and the carcasses are properly refrigerated during periods
prior to disposal.
3. An animal kennel is permitted as a use accessory to the veterinary clinic provided
that:
a. The number of animals boarded shall not exceed twenty (20).
b. An indoor exercise area shall be provided to accommodate the periodic
exercising of animals boarded at the kennel. No outdoor exercising of
animals shall be permitted.
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c. A ventilation system shall be designed so that no odors or organisms will
spread between wards or to the outside air and will be capable of
completely exchanging internal air at a rate of at least twice per hour. Air
temperature must be maintained between sixty degrees (60°) and seventy
five degrees Fahrenheit (75°F).
d. A room separate from the kennel area shall be provided of sufficient size
to adequately separate animals that are sick or injured from healthy
animals.
e. Indoor animal kennel floors and walls shall be made of nonporous materials
or sealed concrete to make it nonporous.
f. Animal wastes shall be flushed down an existing sanitary sewer system or
enclosed in a container of sufficient construction to eliminate odors and
organisms and shall be properly disposed of at least once a day.
g. The appropriate license is obtained from the City Clerk and the conditions
of section 5-1-12 of this Code are met.
h. All State Health Department and Minnesota Pollution Control Agency
requirements for such facilities are met.
4. There shall be adequate physical separation within a multiple occupancy building
between the veterinary clinic and other individual tenant spaces to protect public
health and safety.
P. Commercial kennels for dogs, cats, and other domestic animals provided that:
1. The facility shall be licensed in accordance with the rules of the Minnesota Board
of Animal Health.
2. Indoor animal kennel floors and walls shall be made of nonporous materials or
sealed to make it nonporous.
3. A room or cage separate from the primary kennel area shall be provided to
adequately separate animals that are sick or injured from healthy animals.
4. All animal waste shall be disposed of at least once per day to prevent a public
nuisance by being flushed down an existing sanitary sewer system or enclosed in
a container of sufficient construction to eliminate odors and organisms that shall
be emptied by a waste disposal service a minimum of two (2) times every seven
(7) days, or as otherwise determined to be necessary to protect public health,
safety and welfare.
5. A ventilation system shall be provided capable of completely exchanging internal
air at a rate of 1.00 cfm/square foot of floor space per area dedicated for the
keeping of animals, exclusive of offices, pursuant to chapter 1346 of the Minnesota
State Building Code.
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6. Within a multiple tenant building, there shall be adequate physical separation,
including soundproofing, between the kennel and other individual tenant spaces to
protect public health and safety and prevent nuisance issues.
7. Outdoor exercise areas shall be allowed for a kennel within a single occupancy
building only, subject to the following requirements:
a. The property shall be set back a minimum of five hundred feet (500') from
any Residential District.
b. The outdoor exercise area shall be located only within an interior side yard
or rear yard.
c. The outdoor exercise area shall be set back a minimum of fifteen feet (15')
from all lot lines.
d. A solid fence with a minimum height of six feet (6') shall be provided in
compliance with the requirements of section 11-21-5 of this title to screen
the outdoor exercise area from surrounding properties and public rights-of-
way.
e. The outdoor exercise area shall be contained within a raised curb to contain
waste runoff and must include a waste filtration bed with once per year
excavation and disposal or connection to the sanitary sewer system.
f. An attendant shall be present at all times to control animals that are
outdoors and prevent nuisance issues including, but not limited to, noise.
g. No animals shall be allowed to be outdoors between the hours of ten
o'clock (10:00) P.M. and six o'clock (6:00) A.M.
Q. Microdistilleries with tasting rooms.
R. Small breweries with taprooms.
11-66-9: INTERIM USES:
In addition to other uses specifically identified elsewhere in this title, and subject to applicable
provisions of this title, the following are interim uses in the M-2 District and are governed
by chapter 5 of this title:
A. Outdoor service, sale and rental as an accessory use, provided that:
1. Outside services, sales and equipment rental connected with the principal use is
limited to thirty percent (30%) of the gross floor area of the principal use.
2. Outside sales areas are fenced or screened from view of neighboring residential
uses or an abutting Residential District in compliance with section 11-21-9 of this
title.
3. Sales area is surfaced with asphalt, concrete or pavers to control dust.
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4. The use does not take up parking space as required for conformity to this title.
5. The interim use permit shall terminate upon a change of occupancy or other date
as determined by the City Council in accordance with section 11-5-7 of this title.
B. Outdoor storage as an accessory use, provided that:
1. Outside storage connected with the principal use is limited to thirty percent (30%)
of the gross floor area of the principal use.
2. The storage area is fenced and screened from view of neighboring residential
uses, abutting Residential Districts and the public right-of-way in compliance with
section 11-21-9 of this title.
3. The storage area is surfaced with asphalt, concrete or pavers to control dust.
4. The storage area does not take up parking space as required for conformity
to chapter 19 of this title.
5. The storage does not include any waste, except as provided in section 11-18-11 of
this title.
6. The interim use permit shall terminate upon a change of occupancy or other date
as determined by the City Council in accordance with section 11-5-7 of this title.
C. WECS exceeding the height limit of this district, as regulated by chapter 29 of this title.
11-66-11: USES BY ADMINISTRATIVE PERMIT:
In addition to other uses specifically identified elsewhere in this title, and subject to applicable
provisions of this section, performance standards established by this chapter, and processing
requirements of chapter 8 of this title, the following are uses allowed in a M-2 District by
administrative permit:
A. Essential services, except transmission pipelines and transmission or substation lines in
excess of thirty three (33) kV and up to one hundred (100) kV, as regulated by chapter 26
of this title.
B. Open or outdoor sales, rental or display as an accessory use in association with an
allowed principal use provided that:
1. The area so occupied shall not exceed ten percent (10%) of the principal building.
2. No storage or display of merchandise shall be permitted in required rear, side or
front yards and shall be limited to the area of the customer entrances.
3. The outdoor sales, rental or display area shall be included in the calculations for
parking spaces required for the use and shall not occupy space required for
parking as stipulated by chapter 19 of this title, except as may be exempted for
cause by the zoning administrator.
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4. Propane sales (not refilling) limited to twenty (20) pound capacity tanks provided
that:
a. The propane tanks are secured in a locker and meet all state uniform
building and fire codes.
b. The storage locker shall be located upon a concrete or asphalt surface
adjacent to the principal building.
c. The storage locker shall not encroach into any required principal building
setback, required parking stall, drive aisle or pedestrian sidewalk or
otherwise impede vehicle and pedestrian circulation.
C. Personal wireless service antennas located upon an existing structure or tower or
temporary mobile tower as regulated by chapter 30 of this title.
D. Temporary, outdoor promotional events and sales provided that:
1. Outdoor Sales (Except Promotional Events, Christmas Trees And Transient
Merchant Sales):
a. Such activity is directed toward the general public and includes grand
openings, warehouse sales, sidewalk sales, inventory reduction or
liquidation sales, distressed merchandise sales, and seasonal
merchandise sales (except Christmas trees).
b. The following specific standards shall apply to all proposed temporary
outdoor sales activities allowed by this subsection and by city code
business licensing provisions in addition to other applicable building and
safety code requirements as determined by the zoning administrator:
(1) The maximum total time for temporary outdoor sales activities shall
be the period specified in the administrative permit and, in no case,
shall exceed sixty (60) days per calendar year per property.
(2) There shall be no more sales activities than those specified in the
administrative permit and, in no case, shall there be more than ten
(10) sales activities per year per property.
(3) Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking,
traffic circulation or emergency vehicle access. Temporary sales on
unpaved landscaped areas is prohibited.
2. Promotional Events, Outdoor Christmas Tree And Transient Merchant Sales:
a. Such activity is directed toward the general public and consists of the sales
of cut evergreen trees, boughs, wreaths and other natural holiday
decorations and related products, sales of produce or other licensed
transient sales and displays of materials that are typically not sold or
serviced on the site.
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b. The following specific standards shall apply to all proposed outdoor events
and sales allowed by this subsection and by city code business licensing
provisions in addition to other applicable building and safety code
requirements as determined by the zoning administrator:
(1) The maximum total time for sales activities shall be the period
specified in the administrative permit and, in no case, shall exceed
ninety (90) days per calendar year per property.
(2) There shall be no more than one sales activity per year per
property, which shall be in addition to any promotional events or
other outdoor sales permitted on the property.
(3) Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with seasonal
parking demand, traffic, circulation or emergency vehicle access.
Sales on unpaved landscaped areas are prohibited.
3. General Standards:
a. The event shall be clearly accessory to or promoting the permitted or
conditional use approved for the site. Only merchandise which is normally
manufactured, sold, or stocked by the occupant on the subject premises,
except Christmas trees and plant sales, shall be sold and/or promoted.
b. Tents, stands, and other similar temporary structures may be utilized,
provided they are clearly identified on the submitted plan and provided that
it is determined by the zoning administrator that they will not impair the
parking capacity, emergency access, or the safe and efficient movement
of pedestrian and vehicular traffic on or off the site.
c. The submitted plan shall clearly demonstrate that adequate off street
parking for the proposed event can and will be provided for the duration of
the event. Determination of compliance with this requirement shall be made
by the zoning administrator who shall consider the nature of the event and
the applicable parking requirements of chapter 19 of this title.
Consideration shall be given to the parking needs and requirements of
other occupants in the case of multiple-tenant buildings. Parking on public
right of way and streets is prohibited; except that parking on local streets
may be allowed on Saturday and Sunday only, provided that the petitioner
arranges for traffic control by authorized enforcement officers, as approved
in writing by the chief of police, at the petitioner's expense.
d. Signage related to the event shall be in compliance with the temporary sign
standards of chapter 23 of this title and shall be allowed for the duration of
the event. Special signage for purposes of traffic direction and control may
be authorized by the zoning administrator; the erection and removal of such
signage shall be the responsibility of the applicant.
e. The approved permit shall be displayed on the premises for the duration of
the event.
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E. Temporary structures as regulated by chapter 28 of this title.
F. WECS that comply with the height limit of this district, as regulated by chapter 29 of this
title.
G. Daycare facilities as an accessory use provided that the use complies with the provisions
of chapter 31 of this title.
H. Unattended outdoor receptacles for accepting donations to an organization as a
secondary use:
1. There shall not be more than one (1) outdoor donation receptacle per property.
2. The location of the donation receptacle shall be clearly indicated on the site plan
and reviewed at the time of application for an administrative permit.
3. The donation receptacle shall be located upon a concrete or asphalt surface
directly abutting the principal building and shall not impede vehicle and pedestrian
circulation within the site or encroach into any:
a. Public right of way.
b. Required principal building setback.
c. Required parking stall or drive aisle.
d. Private pedestrian sidewalk reducing its width to less than three feet (3').
4. The footprint of the donation receptacle shall not exceed twenty four (24) square
feet.
5. The height of the donation receptacle shall not exceed seven feet (7') in height.
6. Any signage shall be affixed to the side(s) of donation receptacle and shall not
exceed fifty percent (50%) of the area per side of the donation receptacle; contact
information for the owner shall also be displayed on at least one side of the
donation receptacle.
7. The donation receptacle must be maintained so as to be secure, not have graffiti
and otherwise free from damage and in good repair so as not to cause a public
nuisance.
8. Items shall not be left outside of the donation receptacle and the property owner
shall be responsible to provide for daily inspection to ensure compliance.
9. Noncompliance with the requirements of this subsection H or any stipulations of
approval may result in revocation of the administrative permit and require
immediate removal of the donation receptacle.
11-66-13: LOT REQUIREMENTS AND SETBACKS:
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The following minimum requirements shall be observed in a M-2 district subject to additional
requirements, exceptions and modifications set forth in this title:
Lot area None
Lot width None
Setbacks:
Front yards 10 feet
Rear yards 10 feet
Side yards 10 feet
11-66-15: BUILDING HEIGHT:
Except as provided for by section 11-17-7 of this title or other requirements, exceptions and
modifications set forth in this title, no structure within the M-2 district shall exceed the following
height:
A. Principal buildings: Four (4) stories or forty eight feet (48'), whichever is less.
B. Accessory buildings: As regulated by subsection 11-18-9C of this title.
Section 84. Section 11-71-3.M the City Code (C-1 District - Permitted Uses) is hereby
amended read as follows:
E. Office businessesOffices, general and medical.
Section 85. Section 11-72-3 the City Code (C-2 District - Permitted Uses) is hereby
amended to add the following provisions with subsequent sections renumbered accordingly:
B. Banquet facilities with on-sale liquor.
Section 86. Section 11-72-3.I the City Code (C-2 District - Permitted Uses) is hereby
amended read as follows:
I. Office businessesOffices, general and medical.
Section 87. Section 11-72-3.L the City Code (C-2 District - Permitted Uses) is hereby
amended read as follows:
L. Private clubs or lodges serving food and beverages with on-sale liquor and off-sale liquor.
89
Section 88. Section 11-72-3.M the City Code (C-2 District - Permitted Uses) is hereby
amended read as follows:
M. Restaurants, general with on-sale liquor and off-sale liquor.
Section 89. Section 11-73-3 the City Code (C-3 District - Permitted Uses) is hereby
amended to add the following provisions with subsequent sections renumbered accordingly:
B. Banquet facilities with on-sale liquor.
Section 90. Section 11-73-3.G the City Code (C-3 District - Permitted Uses) is hereby
amended read as follows:
G. Office businessesOffices, general and medical.
Section 91. Section 11-73-3.J the City Code (C-3 District - Permitted Uses) is hereby
amended read as follows:
J. Private clubs or lodges serving food and beverages with on-sale liquor and off-sale liquor.
Section 92. Section 11-73-3.L the City Code (C-3 District - Permitted Uses) is hereby
amended read as follows:
L. Restaurants, general with on-sale liquor and off-sale liquor.
Section 93. Section 11-74-3 the City Code (C-CBD District - Permitted Uses) is hereby
amended to add the following provisions with subsequent sections renumbered accordingly:
B. Banquet facilities with on-sale liquor.
Section 94. Section 11-74-3.G the City Code (C-CBD District - Permitted Uses) is hereby
amended read as follows:
G. Office businessesOffices, general and medical.
Section 95. Section 11-74-3 the City Code (C-CBD District - Permitted Uses) is hereby
amended to add the following provisions with subsequent sections renumbered accordingly:
I. Private clubs or lodges serving food and beverages with on-sale liquor.
Section 96. Section 11-74-3.L the City Code (C-CBD District - Permitted Uses) is hereby
amended read as follows:
L. Restaurants, general with on-sale liquor and off-sale liquor.
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Section 97. Section 11-74-7.B the City Code (C-CBD District – Conditional Uses) is
hereby repealed with subsequent sections renumbered accordingly:
B. Automobile repair, major provided that:
1. All building materials and construction including those of accessory structures
must be in conformance with section 11-17-9 of this title.
2. Not less than twenty five percent (25%) of the lot, parcel or tract of land shall
remain as landscaped green area according to the approved landscape plan.
3. The entire area other than occupied by buildings or structures or planting shall be
surfaced with bituminous material or concrete which will control dust and drainage.
The entire area shall have a perimeter curb barrier, a stormwater drainage system
and is subject to the approval of the city engineer.
4. The following minimum requirements shall apply:
Lot area 1 acre
Lot width 100 feet
Setbacks:
Front
yards
30 feet
Rear
yards
30 feet
Side
yards
20 feet on any one side, or 30 feet on the side yard abutting the major
street or residentially zoned property
5. The hours of operation shall be between seven o'clock (7:00) A.M. and six o'clock
(6:00) P.M. Evening hours of operation shall be subject to the approval of the city
council.
6. All painting must be conducted in an approved paint booth. All paint booths and all
other activities of the operation shall thoroughly control the emission of fumes, dust
or other particulate matter so that the use shall be in compliance with the
Minnesota pollution control standards, Minnesota regulation APC 1-15, as
amended.
7. The emission of odor by a use shall be in compliance with and regulated by the
Minnesota pollution control standards, Minnesota regulation APC 7011, as
amended
.
8. All flammable materials, including liquids and rags, shall conform with the
applicable provisions of the Minnesota uniform fire code.
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9. All outside storage is prohibited. The storage of damaged vehicles, vehicles being
repaired and vehicle parts and accessory equipment must be completely inside a
principal or accessory building.
10. All conditions pertaining to a specific site are subject to change when the city
council, upon investigation in relation to a formal request, finds that the general
welfare and public betterment can be served by modifying the conditions.
Section 98. Section 11-74-3.F the City Code (C-CBD District – Convenience
Restaurants) is hereby amended read as follows:
G. Convenience restaurants, provided that:
1. Hours: The hours of operation shall be limited to five o'clock (5:00) A.M. to eleven
o'clock (11:00) P.M., unless extended by the city council as part of the conditional
use permit.
2. Architectural Standards:
a. As a part of the conditional use permit application, a color illustration of all
building elevations must be submitted.
b. The architectural appearance, scale, construction materials, and functional
plan of the building and site shall not be dissimilar to the existing nearby
commercial and residential buildings, so as not to constitute a blighting
influence.
c. All sides of the principal and accessory structures are to have essentially
the same or a coordinated harmonious finish treatment pursuant to
section 11-17-9 of this title.
d. Exterior wall treatments like brick, stone (natural or artificial), decorative
concrete block and stucco shall be used.
e. Earth tone colors of exterior materials including the canopy columns shall
be required. "Earth tone colors" shall be defined as any various soft colors
like those found in nature in soil, vegetation, etc., such colors are limited to
brown, black, gray, tan, beige, soft green, soft blue, or white.
f. Ten percent (10%) of the building facade may contain contrasting colors.
Contrasting colors shall be those colors not defined as earth tones. The
canopy may have contrasting color bands or accent lines not to exceed an
accumulative width of four inches (4"). The color bands shall not be
illuminated.
3. Landscaping:
a. At least twenty five percent (25%) of the lot, parcel or tract of land shall
remain as a grass plot, including trees, shrubbery, plantings or fencing and
shall be landscaped. Required minimum green area should be emphasized
in the front and side yards abutting streets or residential property.
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b. At the boundaries of the lot, the following landscape area shall be required:
(1) From side and rear property lines, an area of not less than five feet
(5') wide shall be landscaped in compliance with section 11-21-9 of
this title.
(2) From all public rights-of-way, an area of not less than fifteen feet
(15') wide shall be landscaped in compliance with section 11-21-
9 of this title.
(3) Where lots abut residentially zoned property, a buffer yard of not
less than twenty feet (20') wide shall be landscaped and screened
in compliance with section 11-21-9 of this title.
(4) The property owner shall be responsible for maintenance of all
landscaping, including within the boulevard.
43. Dust Control And Drainage: The entire area other than occupied by buildings,
structures or plantings shall be surfaced with asphalt, concrete, cobblestone, or
paving brick to control dust and drainage, which is subject to review and approval
of the City Engineer.
54. 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.
65. Access: Vehicular access points shall create a minimum of conflict with through
traffic movement and shall comply with chapter 19 of this title and shall be subject
to the approval of the City Engineer.
76. Drive-Through Windows: Drive-through service windows shall be prohibited within
the C-CBD District.allowed if the following additional criteria are satisfied:
a. Stacking: Not less than one hundred eighty feet (180') of segregated
automobile stacking lane must be provided for the service window.
b. Traffic Control: The stacking lane and its access must be designed to
control traffic in a manner to protect the pedestrians, buildings and green
area on the site.
c. Use Of Street: No part of the public street or boulevard may be used for
stacking of automobiles.
87. Circulation And Loading: The site design must accommodate adequate turning
radius and vertical clearance for delivery vehicles in accordance with Section 22
of this title.a semitrailer truck Designated loading areas must be exclusive of off
street parking stalls and drive aisles and shall not cause conflicts with customer
vehicles and pedestrian movement. A site plan must be provided to illustrate
adequate turning radius, using appropriate engineering templates.
98. Pedestrian Traffic:
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a. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles. In front of the principal structure, the
pedestrian sidewalk must be a minimum of five feet (5') wide and clear of
any obstacle or impediment.
b. A continuous and permanent concrete curb not less than six inches (6")
above grade shall separate internal sidewalks for pedestrian traffic from
motor vehicle areas, pursuant to the provisions of subsection 11-19-7I of
this title.
10. Noise: The stacking lane, order board intercom, and service window shall be
designed and located in such a manner as to minimize automobile and
communication noises, emissions, and headlight glare upon adjacent premises,
particularly residential premises, and to maximize maneuverability of vehicles on
the site. Noise control shall be required as regulated in section 11-16-25 of this
title.
119. Signs: All signs and informational or visual communication devices shall be
minimized and shall be in compliance with chapter 23 of this title. and the following
provisions:
a. Comprehensive Sign Plan: A Comprehensive Sign Plan must be submitted
as part of a conditional use permit application.
b. Freestanding Sign: A freestanding sign allowed by chapter 23 of this title
shall be a monument sign constructed as follows:
(1) The sign shall be self-supported vertically by a solid base extending
horizontally for a minimum of the entire width of the sign face. Total
height of the monument sign including the base shall not exceed
fifteen feet (15').
(2) The sign base and supporting material shall be equal to at least
forty percent (40%) of the total allowable sign square footage, and
shall not be counted toward the sign area. The base shall be
attached to the ground for its entire horizontal width of the sign. The
base shall be stone, brick, or decorative masonry and shall not
contain any sign copy.
c. Menu Signs: In addition to the freestanding sign allowed by chapter 23 of
this title, convenience food uses may display menu signs related to drive-
through facilities, provided that:
(1) Not more than two (2) menu signs per drive-through lane are
allowed.
(2) The menu sign(s) shall be single sided with an area not to exceed
fifty (50) square feet.
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(3) The height of the menu sign(s) shall not exceed eight feet (8')
including its base or pole measured from grade to the top of the
structure.
(4) The menu sign(s) shall not encroach into any principal building
setback and shall be located directly adjacent to the drive-through
aisle and oriented in such a manner so that the sign provides
information to the drive-through patrons only and does not provide
supplemental advertising to pass-by traffic and does not impair site
visibility or obstruct circulation.
1210. Additional Stipulations: All conditions pertaining to a specific site are subject to
change when the Council, upon investigation in relation to a formal request finds
that the general welfare and public betterment can be served as well or better by
modifying or expanding the conditions set forth herein.
Section 199. Section 11-75-3.G the City Code (O-P District - Permitted Uses) is hereby
amended read as follows:
G. Office businessesOffices, general and medical.
Section 101. Section 11-85-3.H the City Code (I-CBD District - Permitted Uses) is hereby
amended read as follows:
H. Office businessesOffices, general and medical.
Section 102. This Ordinance shall be effective immediately upon its passage and
publication according to law.
ADOPTED by the Lakeville City Council this _____ day of __________, 2020
CITY OF LAKEVILLE
BY: _______________________
Douglas P. Anderson, Mayor
ATTEST
BY: ________________________
Charlene Friedges, City Clerk