HomeMy WebLinkAbout1031ORDINANCE NO. 1031
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 shall be declared a public
nuisance and is prohibited on the following properties:
On any lot with a building.
2. On any lot, outlot, or parcel less than one (1) acre in area without a building.
B. 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 to
prevent growth of noxious weeds:
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 property 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.
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: COMMON INTEREST COMMUNITIES: Minnesota Statutes 5158.1-106 makes
applicable the requirements and standards of the Subdivision Ordinance, Zoning Ordinance, and
City Code to the common interest community form of property ownership subdivision. A proposed
common interest community shall be subject to the following provisions:
A. Application. An application for a common interest community 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.
B. Review: A request for common interest community 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 common interest community.
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:
Five (5) copies shall be submitted to the Zoning Administrator of the following
information regarding the common interest community, 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 5158, as may be amended.
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2. The Zoning Administrator shall examine the common interest community and
prepare a recommendation as to approval, disapproval or any delay in decision of
the common interest community, which recommendation shall be conveyed to the
subdivider prior to review by the city council.
3. The city council may refer the common interest community plat to the planning
commission for review.
D. Approval Of The City Council:
The common interest community, 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 common interest community 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 common interest
community 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 common interest community, 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 common interest community approval.
F. Recording: If the common interest community 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 of the common interest community 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 common interest community plat until the city has received evidence of the common
interest community plat being recorded by the county.
G. Amendments. Amendments to the declaration of an existing common interest community
or further subdivision of units within an existing common interest community shall be
subject to review and approval of the city council in accordance with the provisions of this
section.
Section 4. Section 10-4-3.1-1.1 of the Subdivision Ordinances (Design Standards —
Streets and Alleys) is hereby amended to read as follows:
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
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of five feet (6) except sidewalks in commercial and mixed use 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:
Right Of Way Without Right Of Way With
Function Classification
Trails/Sidewalks
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/
80 feet
80 feet'
industrial
Local residential
60 feet
60 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:
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.
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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:
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:
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.
Electrical Capacity:
Panel capacity to accommodate a dedicated branch circuit and service capacity
to install a 208/240v outlet per charger.
2. Conduit from an electrical panel to future electric vehicle charging station
location(s).
Plug -In Hybrid Electric Vehicle (PHEV): An electric vehicle that:
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.
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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
shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots.
AUTOMOBILE REPAIR (MINOR): Minor repairs, replacement of parts, fluid changes, and motor
services, tire repair, or upholstering to passenger automobiles and trucks, motorcycles, boats,
recreational vehicles and other vehicles not exceeding fourteen thousand (14,000) pounds' gross
weight, but not including any operation specified under the definition of automobile repair (major).
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 (General): An establishment located within a building or portion of a building for the
conduct of business activities involving predominantly professional, or administrative service
operations including attorneys, financial advisors, consultants, insurance, 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
A
DWELLING, MULTIPLE -FAMILY (APARTMENT): A building designed with three (3) or more dwelling
units exclusively for occupancy by three (3) or more families living independently of each other, but
accessing individual units via common entrances, hallways, stairways, or enclosed garages.
DWELLING, TOWNHOUSES: Structures housing three (3) or more dwelling units contiguous to
each other by the sharing of one or more common walls, floors, or ceilings with each unit having
separate entrance/exit via individual exterior doors from individual or shared attached garages,
with dwelling units arranged in a row, quad, back-to-back, or stacked arrangement.
FITNESS CENTER: A business that provides strength machine and cardiovascular exercise
stations within a circuit training program, usually for the benefit of its membership, 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.
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.
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 11-4-7.R of the Zoning Ordinance (Conditional Use Permits —
General Performance Standards) is hereby repealed in its entirety.
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Section 11. Section 11-6-7.B.2.p of the Zoning Ordinance (Variances —Procedure; Major
Variances; reapplication) is hereby repealed.
Section 12. Section 11-6-7.6 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
second denial unless a decision to reconsider such matter is made by a four-fifths
(4/5) vote of the full board.
Section 13. 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 14. Title 11, Chapter 8 of the Zoning Ordinance (Administrative Permits) is
hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
11-8-7: LAPSE OF APPROVAL:
A. Unless otherwise specified by the Zoning Administrator, an administrative permit approval
shall become null and void one (1) year after the date of approval, unless the property
owner or applicant has substantially started the construction of any building, structure,
addition or alteration, or use requested as part of the approved administrative permit. The
property owner or applicant shall have the right to submit an application for time extension
in accordance with this section.
B. In making its determination on whether an applicant has made a good faith attempt to
utilize the administrative permit approval, the Zoning Administrator shall consider such
factors as the type, design, and size of the proposed construction, any applicable
restrictions on financing, or special and/or unique circumstances beyond the control of the
applicant which have caused the delay.
0
C. The request for an extension of an administrative permit approval shall be determined by
the Zoning Administrator within fifteen (15) days from the receipt of a complete request.
Section 15. 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 thirty percent (30%) of the total number of apartments.
Section 16. 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 or other symbols as an element of the principal building.
Section 17. Section 11-17-9.0 of the Zoning Ordinance (Building Type and
Construction — Residential Uses) is hereby amended to read as follows:
C. Residential Uses:
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 18. 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 two hundred (200) square feet that are accessory to residential dwelling
units shall be constructed with a design and exterior building materials
consistent with the general character of the principal structure on the lot.
Section 19. Section 11-17-13.D of the Zoning Ordinance (Building Type and
Construction — Minimum Floor Area Per Dwelling Unit) is hereby amended read as follows:
D. Detached Townhouse, Two -Family And Townhouses: Except as otherwise specified in the
zoning district provisions, or except as allowed by conditional use permit based upon
justifiable cause, two-family and townhouses, as classified below, shall have the minimum
floor area per unit:
D
Detached
650 square feet first floor above grade, plus 100 additional square feet
townhouse
for each bedroom
and two-family
Townhouses
600 square feet first floor above grade, plus 100 additional square feet
for each bedroom
Section 20. 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, gazebo enclosed only by
screening or clear windows, or greenhouse only with glass, plexi -glass or similar
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
Al of this section.
Section 21. 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. Minimum floor area of an attached garage:
(1) For dwellings with basements: Four hundred eighty (480) square
feet.
(2) For dwellings without basements: Five hundred forty (540) square
feet.
Section 22. 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. Allowed 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. 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 Districts:
(1) The maximum floor area shall be one thousand two hundred fifty
(1,250) square feet.
(2) For lots greater than one (1) acre in area the maximum floor area
may be greater than 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.
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C. The area of the attached garage shall comply with the limitations specified
in Section 11-18-9.D of this Title.
d. Storage spaces located directly below attached garages shall not be
considered in determining allowable accessory building floor area.
Section 23. Section 11-18-9.D of the Zoning Ordinance (Accessory Uses — Area
Limitations) is hereby amended to read as follows:
D. Except for agricultural buildings on farms 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:
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Percentage Of
Maximum
Minimum Lot Area
Combined
That
Allowable
May Be Occupied By
Floor Area Per
The Accessory
Unit
Zoning District
Use
Building
(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
1,500
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
10 percent
750
townhomes
Two-family
10 percent
750
RM -1, and -RM -2, and
Single-family
10 percent
1,100 (interior lot)
RM -3
1,250 (corner lot)
Two-family
10 percent
750
Townhouse
10 percent
750
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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
Section 24. 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 exterior building materials as allowed by section 11-17-9.0
of this title shall be used for all accessory buildings, except as may be allowed by
conditional use permit for structures accessory to public and quasi -public uses.
Section 25. 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.
Temporary refuse containers shall be located in the front yard upon an
improved driveway, setback a minimum of ten (10) feet from the back of
curb or edge of pavement without obstructing a public sidewalk or trail, or
shall be located within a side or rear yard subject to principal building
setbacks.
Section 26. 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, 1-1, 1-2, 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.
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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 27. Section 11-19-7.D.2 of the Zoning Ordinance (Off -Street Parking
Requirements — Change of Use or Occupancy of Buildings) is hereby amended to read as
follows:
2. Except in the C -CBD district, if the existing number of parking spaces provided for a
multiple tenant mixed use, commercial, or industrial building does not conform to the
required number of parking spaces, when a tenant vacates the building, the parking
required by a new tenant occupying the vacated space may not exceed the parking
required of the tenant being replaced. Required spaces of the existing and new tenant
shall be determined in accordance with this title without reference to the fact that the
use is in a multiple tenant building.
Section 28. 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. 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 as follows:
(1) Vehicles rated Class 3 having a gross vehicle weight of fourteen
thousand (14,000) pounds or less;
(2) Not more than one (1) Class 5 vehicle having a gross vehicle weight
fourteen thousand (14,000) pounds or less.
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 29. Section 11-19-7.1 of the Zoning Ordinance (Off -Street Parking
Requirements — General Provisions) is hereby amended to read as follows:
I . Design Standards: Except as otherwise provided for herein, all off street parking
facilities shall conform to the following design standards:
PARKING LOT DIMENSIONS TABLE'
Angle Of Curb Length
Parking Stall Width Per Car Stall Depth Aisle Width
00 9101. 23 '0" 9101, 12 10"
9 '6" 23 '0" 9-611 12'0"
13
10 '0"
23-0"
10.01.
120011
200
9101,
26 '4"
15'0"
11 '0"
9'6"
27'10"
15'611
0"
11 1
10'0"
29'3"
15'11"
11 Vol.
300
9101,
18'0"
17'4"
11 '0"
9 '6"
19,01,
17'10"
0"
11 1
10101.
20-0"
18-3"
0"
11 1
400
91011
14 '0"
19'2"
1210"
9 16"
14'10"
19'6"
121011
10'0"
15'8"
19'11"
12'0"
450
9101.
12 '9"
19,101,
1310"
91611
13'5"
20'2"
13 10"
1010..
14'2"
20-6"
13'0"
500
9101,
11 '9"
20 '5"
1210"
9'6"
12'5"
20'9"
12'0"
10,01.
13'2"
21 '0"
12'0v'
600
9.01,
101511
21 10"
18'0"
9 '6"
11 '0"
21 '3"
18 '0"
10,011
11 '6"
21 '6"
18 '0"
700
91011
9 '8"
21 '0"
19 '0"
9 '6"
10 12"
21 13"
18 '6"
10,01,
10 '8"
21 '3"
18'0"
800
9101,
9 '2"
20'4"
2410"
9 16"
9 '8"
20-5"
24 '0"
10.01,
10 '3"
20 '6"
24 '0"
900
9101,
9101.
20 '0"
24 '0"
9'6"
9-6"
20 '0"
24 '0"
10,00.
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.
14
PARKING AREA AND DRIVE SETBACKS
Setback
Dimension Land Use (Feet)
From private drives All districts 15.0
Front yard and side yard abutting a street setback of RS and RST districts 15.0
parking and drive to lot line'
RM districts
15.0
RH districts
15.0
M-1 District
15.0
M-2 district
10.0
C -CBD district
5.0
All other commercial
15.0
districts
Industrial districts
15.0
P/OS district
15.0
Interior side and rear yard setback of parking to lot All residential districts
5.0
line'
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 two (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.
Section 30. 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 31. Section 11-19-11 of the Zoning Ordinance (Off -Street Parking
Requirements — Location) is hereby amended to read as follows:
15
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. Boulevard: The boulevard portion of the street right-of-way shall not be used for parking
nor parking calculation.
D. Prohibited in Yard: Required accessory off street parking in the A -P, RA, RS -1, RS -2, RS -
3, RS -4, RS -CBD, RST -1, 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.
E. Prohibited Except 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 32. Section 11-19-13 of the Zoning Ordinance (Off -Street Parking
Requirements — Number of Stalls Required) is hereby amended to revise the following table
rows:
Multiple -family -dwellings 2.5 spaces per unit except that the number of stalls
required for uses with a mean of 2.0 bedrooms per
dwelling unit or less shall be reduced to 2.0 stalls per
dwelling unit.
Senior housing with 1 stall per dwelling unit, or; 1 stall per 2 dwelling units plus 1
services, senior stall per employee on a maximum shift when units are within
independent living units a continuing care retirement community facility.
Detached townhouse, two 2 spaces per unit.
family, and townhouse
units
Community center, 10 spaces plus 1 space per 300 square feet over 2,000 square
libraries feet of floor area for the principal structure.
School, elementary and middle 1 space per 7 students based upon building design.
Car 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. J
Office, general and medical 1 space for each 200 square feet of floor
area.
Reductions in The number of stalls required by this section for a specific use may be
required stalls reduced based on a parking demand study prepared by a qualified
professional subject to approval of a conditional use permit.
Section 33. Section 11-19-13 of the Zoning Ordinance (Off -Street Parking
Requirements — Number of Stalls Required) is hereby amended to repeal the following table
rows:
Banks (remote) 1 space per 350 square feet of floor area.
Catering 1 stall per 200 square feet or 1 stall for each employee on
business/commercial the maximum shift, whichever is greater; plus 1 stall for
kitchen each business vehicle parked on site.
Medical office or clinics 1 space for each 200 square feet of floor area.
Shopping 5.5 spaces per 1,000 square feet of gross leasable floor area. The total
center 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 34. 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: 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
17
establish minimum requirements for such infrastructure to serve both short term and long
term parking needs.
B. Allowed Use:
1. Public or private access 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.
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.
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
W3
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. Provision of electric vehicle parking stalls shall not be required within the number of stalls
required by section 11-19-13 of this title.
Section 35. 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:
OFF STREET LOADING REQUIRED:
11-20-5:
LOCATION:
11-20-7:
CONSTRUCTION STANDARDS:
11-20-9:
SCREENING:
11-20-11:
ACCESSORY USE, PARKING AND STORAGE:
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: 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.
11-20-5: 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.
D. Access to loading areas from public streets shall comply with standards established by
Section 11-19-7.1.6 of this title.
E. 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.
19
F. Loading areas located at the front or side of buildings on a corner lot shall be reviewed
and approved in the following manner:
Industrial Zoning Districts: Within the I -CBD, 1-1, and 1-2 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.
G. Setbacks:
1. Minimum setback required from property lines:
Setback
Dimension Land Use (Feet)
From private drives All districts 15.0
Front yard and side yard abutting a street RS and RST districts 15.0
setback of parking and drive to lot line
RM districts -guest parking for 15.0
townhouse uses
Pill
Interior side and rear yard setback of parking
to lot line
RM districts - all other required 15.0
parking
RH districts - guest parking for 15.0
townhouse uses
RH districts - all other required 15.0
parking
C -CBD district 5.0
All other commercial and 15.0
mixed use districts
ir—
Industrial districts 15.0
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').
11-20-7: CONSTRUCTION STANDARDS:
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:
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.
C. A continuous six inch (6") high back concrete perimeter curb barrier shall be provided at the
perimeter of the loading area.
21
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.
11-20-9: 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.
Section 36. Section 11-21-5.A of the Zoning Ordinance (Fences — Approval Required)
is hereby amended to read as follows:
A. Approval Required:
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 37. Section 11-21-5.13 of the Zoning Ordinance (Fences — Property Line
Fences) is hereby amended to read as follows:
B. Location: Fences constructed at the limits of a property shall comply with the following
provisions:
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
22
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.
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 38. 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) Gates across driveways:
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 39. Section 11-21-9.A.1 of the Zoning Ordinance (Required Screening and
Landscaping) is hereby amended to read as follows:
A greenbelt planting strip shall consist of evergreen trees and/or deciduous trees
and 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 40. Section 11-21-9.A.3 of the Zoning Ordinance (Required Screening and
Landscaping) is hereby amended to read as follows:
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.
23
Section 41. Section 11-21-9.C.1of the Zoning Ordinance (Required Screening and
Landscaping) is hereby amended to read as follows:
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:
Shade trees
Ornamental trees (flowering crabs, hawthorn
serviceberry, etc.)
Coniferous evergreen trees
Tall growing shrubs and hedge material
(evergreen or deciduous)
Low growing shrubs:
Deciduous
Coniferous evergreen
Spreading coniferous evergreen
Balled And
Burlapped/Container
21/2 inch diameter
2 inch diameter single stem or 6 - 7 foot,
clump form
8 feet
24 - 36 inch
18 - 24 inch
18 - 24 inch
18 - 24 inch spread
Section 42. 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:
Tree 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.
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.
Deciduous trees intended for screening shall be planted not more than forty
feet (40') apart. Evergreen trees intended for screening shall be planted 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 so that their branches are touching at the narrowest projected
mature width.
24
e. Trees shall be planted outside of drainage and utility easements unless
approved by the Zoning Administrator.
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 shrub.
Section 43. Section 11-21-9.C.3 of the Zoning Ordinance (Required Screening and
Landscaping) is hereby amended to read as follows:
3. Acceptable Tree Species. Trees suitable for complying with this section shall be
limited to those identified on the City of Lakeville Building Permit Guidelines,
except as otherwise approved by the Zoning Administrator.
Section 44. Section 11-21-9.C.4.f of the Zoning Ordinance (Required Screening and
Landscaping) is hereby amended to read as follows:
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 streets as determined by the city council.
Section 45. 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 46. 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.
25
Section 47. Section 11-21-9.D. of the Zoning Ordinance (Required Screening and
Landscaping) is hereby amended to read as follows:
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:
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 48. Section 11-21-9.E.5.d of the Zoning Ordinance (Required Screening and
Landscaping) is hereby amended to read as follows:
d. 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 49. Section 11-21-9.E.6.b of the Zoning Ordinance (Required Screening and
Landscaping) is hereby amended to read as follows:
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) Tree 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.
26
(3) Shrubs shall be arranged t
Along arterial streets, all
supplemented with shrubs
continuous band of plants.
lessen the visual gaps between trees.
plantings of deciduous trees shall be
such that the buffer yard contains a
(4) Deciduous shrubs shall be 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 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 50. 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' 95' 95'
Section 51. Section 11-21-9.E.2 of the Zoning Ordinance (Required Screening and
Landscaping — Residential Buffer Yards; Easement) is hereby repealed.
Section 52. Section 11-22-5.A.4 of the Zoning Ordinance (Outdoor Storage —
Accessory Use) is hereby amended to read as follows:
4. Recreational equipment or furniture used and constructed explicitly for outdoor use.
Section 53. 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:
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.
27
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 54. 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
maximum height not to exceed ten feet (10').
Section 55. Section 11-23-19.D of the Zoning Ordinance (Signs — District Regulations)
is hereby amended to read as follows:
D. Within the M-1, M-2, C-2, and C-3, and C -CBD Zoning Districts the following additional
regulations shall apply:
Total Area And Number Of Signs:
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').
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 D1 b(3) and D1 b(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 D1 b(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 D1 b(1) of this section, the area of the
second individual sign shall not exceed two hundred
(200) square feet.
W.,
(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 within the M-2 and C -CBD District 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 F of this section.
Section 56. Section 11-23-19.E.1.b of the Zoning Ordinance (Signs — District Provisions)
is hereby amended to read as follows:
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 (1) elevation or in the
case of a corner lot or through lot where wall signs may be installed
on two (2) elevations, except no sign shall be installed on an
elevation facing an interior side or rear yard abutting a residential
district.
(2) The area of individual signs shall not exceed one hundred (100)
square feet, except as allowed by subsection E.1.b(3) of this
section.
(3) The area of individual signs shall not exceed two hundred (200) square feet for
single occupancy building or an individual tenant space with a gross floor area of
forty five thousand (45,000) square feet or more.
Section 57. 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:
29
(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 58. Section 11-33-5.13 of the Zoning Ordinance (Specialized Housing —
Residential Shelters) is hereby amended to read as follows:
B. Conditions Of Approval:
Number of Residents:
a. Within an RS District on a lot accessed from a local residential street as
defined by the Comprehensive Plan, there shall be no more than six (6)
residents within a residential shelter.
b. Within an RS District on a lot accessed from a minor collector or higher
functional classification roadway as may be allowed by Section 19 of this
title, a RM, or a RH District, there shall be no more than sixteen (16)
residents within a residential shelter.
2. No external building improvements are undertaken which alter the original
residential character of the heme structure unless approved by the city council.
3. 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
emergency vehicle access shall be available. Adequate sight distance at the
access point shall be available.
30
4. Landscaping buffering from surrounding residential uses shall be provided
consistent with the requirements contained in section 11-21-9.A 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.
5. 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.
6. 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.
7. Additional conditions may be required by the city in order to address the specific
impacts of a proposed facility.
Section 59. 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 60. 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.
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.
Section 61. 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:
M-1 district: No limit except as may be required by the city council.
2. C-1 district: Five o'clock (5:00) A.M. to eleven o'clock (11:00) P.M.
3. C-2 district: No limit except as may be required by the city council.
4. C-3 district: No limit except as may be required by the city council.
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Section 62. Section 11-37-3.G of the Zoning Ordinance (Motor Vehicle Fuel Facilities)
is hereby amended to read as follows:
G. Fuel Pumps and Electric Vehicle Charging Stations:
1. Fuel pumps:
a. Fuel pumps shall be on islands elevated six inches (6") above the traveled
surface of the site.
b. All pump islands must be set at least thirty feet (30') back from any property
line.
C. The 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 63. Section 11-37-5.A of the Zoning Ordinance (Motor Vehicle Fuel Facilities) is
hereby repealed:
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 64. 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
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Section 65. 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 1-35 Corridor District
M-2, Mixed Use Cedar Corridor District
Section 66. Section 11-45-5 of the Zoning Ordinance (Zoning Map) is hereby amended
as hereby set forth on the zoning map entitled Lakeville Zoning Map attached as Exhibit A and to be
kept on file with the City Clerk.
Section 67. 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.
Section 68. 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:
F. Gardens for produce not to be offered for sale.
Section 69. 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.
Section 70. 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:
F. Gardens for produce not to be offered for sale.
Section 71. Section 11-52-5 of the Zoning Ordinance (RS -3 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.
33
Section 72. Section 11-52-5 of the Zoning Ordinance (RS -3 District — Accessory Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
F. Gardens for produce not to be offered for sale.
Section 73. Section 11-53-5 of the Zoning Ordinance (RS -4 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.
Section 74. Section 11-53-5 of the Zoning Ordinance (RS -4 District — Accessory Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
F. Gardens for produce not to be offered for sale.
Section 75. Section 11-54-5 of the Zoning Ordinance (RS -CBD 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.
Section 76. Section 11-54-5 of the Zoning Ordinance (RS -CBD District — Accessory
Uses) is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
F. Gardens for produce not to be offered for sale.
Section 77. Section 11-55-5.13 of the Zoning Ordinance (RSMH District — Accessory
Uses) is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
2. Community gardens as regulated by section 11-18-15 of this title; institutional uses
only.
Section 78. Section 11-55-5.B of the Zoning Ordinance (RSMH District — Accessory
Uses) is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
6. Gardens for produce not to be offered for sale.
34
Section 79. Section 11-56-5 of the Zoning Ordinance (RST -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.
Section 80. Section 11-56-5 of the Zoning Ordinance (RST -1 District —Accessory Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
F. Gardens for produce not to be offered for sale.
Section 81. Section 11-57-5 of the Zoning Ordinance (RST -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.
Section 82. Section 11-57-5 of the Zoning Ordinance (RST -2 District —Accessory Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
F. Gardens for produce not to be offered for sale.
Section 83. Section 11-57-15.B.3.b of the Zoning Ordinance (RST -2 District — Lot
Requirements and Setbacks) is hereby amended to read as follows:
b. Buildings shall be set back a minimum of twenty feet (20') from public rights-
of-way except that the garage face shall be set back twenty five feet (25') from
public rights-of-way.
Section 84. Section 11-57-17 of the Zoning Ordinance (RST -2 District— Common Areas)
is hereby amended to read as follows:
11-57-17: COMMON AREAS: The following minimum requirements shall be observed in
the RST -2 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. Common Interest Community pursuant to Minnesota Statutes 515B.
2. Detached townhome and two-family base lot 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 subject to review and approval of
the City Council responsible for all exterior building maintenance, approval of any exterior
35
architectural modifications, landscaping, snow clearing and regular maintenance of private
driveways and other areas owned in common when there is more than one (1) individual
property owner having interest within the development.
Section 85. Section 11-57-19.13 of the Zoning Ordinance (RST -2 District — Design and
Construction Standards; Unit Width) is hereby repealed and subsequent sections renumbered
accordingly.
Section 86. Section 11-57-19.8.3 of the Zoning Ordinance (RST -2 District— Design and
Construction Standards; Minimum Overhang) is hereby repealed with subsequent sections
renumbered accordingly.
Section 87. Section 11-57-19.C.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 88. Section 11-57-23 of the Zoning Ordinance (RST -2 District — Affordable
Housing) is hereby amended to read as follows:
11-57-23: AFFORDABLE HOUSING:
Housing qualified for meeting the city's allocation of regional affordable housing as defined by the
comprehensive plan may be exempted from subsections 11-57-19C, D, and I 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 89. Section 11-58-5.E of the Zoning Ordinance (RM -1 District— Permitted Uses)
is hereby amended to read as follows:
E. Single-family detached dwelling units only as required by Section 11-58-25 of this title.
Section 90. 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.
Section 91. 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:
F. Gardens for produce not to be offered for sale.
36
Section 92. Section 11-58-19 of the Zoning Ordinance (RM -1 District — Common Areas)
is hereby amended to read as follows:
11-58-19: COMMON AREAS: The following minimum requirements shall be observed in
the RM -1 district governing common areas:
A. Ownership: All common areas within an RM -1 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. Common Interest Community pursuant to Minnesota Statutes 515B.
2. Detached townhome and two-family base lot 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 subject to review and approval of
the City Council 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 (1) individual
property owner having interest within the development.
Section 93. Section 11-58-21.13 of the Zoning Ordinance (RST -2 District — Design and
Construction Standards; Unit Width) is hereby repealed and subsequent sections renumbered
accordingly.
Section 94. Section 11-58-21.6.3 of the Zoning Ordinance (RM -1 District — Design and
Construction Standards; Minimum Overhang) is hereby amended to repeal the following provision
with subsequent sections renumbered accordingly.
Section 95. Section 11-58-21.C.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 96. Section 11-58-211 of the Zoning Ordinance (RM -1 District — Design and
Construction Standards; Additional Requirements) is hereby repealed.
Section 97. Section 11-58-27 of the Zoning Ordinance (RM -1 District — Affordable
Housing) is hereby amended to read as follows:
11-58-27: AFFORDABLE HOUSING:
Housing qualified for meeting the city's allocation of regional affordable housing as defined by the
comprehensive plan may be exempted from subsections 11-58-21C, D, and I of this chapter by
administrative permit, provided guarantees satisfactory to the city are in place to ensure that "for
37
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 98. Section 11-59-7 of the Zoning Ordinance (RM -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.
Section 99. Section 11-59-7 of the Zoning Ordinance (RM -2 District — Accessory Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
F. Gardens for produce not to be offered for sale.
Section 100. Section 11-59-19 of the Zoning Ordinance (RM -2 District— Common Areas)
is hereby amended to read as follows:
11-59-19: COMMON AREAS: The following minimum requirements shall be observed in
the RM -1 district governing common areas:
A. Ownership: All common areas within an RM -2 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. Common Interest Community pursuant to Minnesota Statutes 515B.
2. Detached townhome and two-family base lot 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 subject to review and approval of
the City Council 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 (1) individual
property owner having interest within the development.
Section 101. Section 11-59-21.B of the Zoning Ordinance (RST -2 District — Design and
Construction Standards; Unit Width) is hereby repealed and subsequent sections renumbered
accordingly.
Section 102. Section 11-59-21.6.3 of the Zoning Ordinance (RM -2 District— Design and
Construction Standards; Minimum Overhang) is hereby repealed with subsequent sections
renumbered accordingly.
38
Section 103. Section 11-59-21.C.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 104. Section 11-59-21 of the Zoning Ordinance (RM -2 District — Design and
Construction Standards; Additional Requirements) is hereby repealed.
Section 105. Section 11-59-27 of the Zoning Ordinance (RM -2 District — Affordable
Housing) is hereby amended to read as follows:
11-59-27: AFFORDABLE HOUSING:
Housing qualified for meeting the city's allocation of regional affordable housing as defined by the
comprehensive plan may be exempted from subsections 11-59-21C, D, and I 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 106. 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:
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.
39
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:
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.
40
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.
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.
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 11-4-3.E
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.
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:
911
E
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 30 feet
yard
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.
Parks and recreational areas owned or operated by public bodies; other than the city of
Lakeville.
42
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 -3 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 -3 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.
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 lot area 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:
43
Detached townhouse, two-family dwellings, and 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:
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 (1) 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, thirty feet (30') from major collector or arterial
streets and ten feet (10') from other public rights of way except that the
garage face shall be set back twenty five feet (25') from public rights of way.
C. A protective natural buffer and setback shall be provided for all designated
wetlands in conformance with section 11-16-13 of this title.
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:
Common Interest Community pursuant to Minnesota Statutes 515B.
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2. Two-family and townhome subdivision base lot 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 subject to review and approval of
the City Council 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 (1) 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 (26).
C. Unit Construction:
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 principal and accessory structures 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 to comply with the following
requirements:
A minimum of fifty percent (50%) of the combined area of all elevations of
a structure shall have an exterior finish of brick, stucco and/or natural or
artificial stone.
2. For the purposes of this section, the area of the building elevation shall
not include area devoted to windows, entrance doors, garage doors, or
roof areas.
D. Off -Street Parking: 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 attached to the principal building.
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.
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F. Utilities:
Underground Or Exterior Service: All utilities serving an RM -3 district subdivision,
including telephone, electricity, gas and telecable shall be installed underground.
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:
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.
2. Private drives must include plans and areas for snow storage.
3. 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.
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:
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
materials in a quantity having a minimum value in conformance with the following
table:
Project Value Including
Building
Construction, Site Minimum Landscape Value
C11
Preparation,
And Site Improvements
Below $1,000,000.00
$1,000,001.00
$2,000,000.00
$2,000,001.00
$3,000,000.00
$3,000,001.00
$4,000,000.00
Over $4,000,000.00
2 percent
$20,000.00 plus 1 percent of project value in excess of
$1,000,000.00
$30,000.00 plus 0.75 percent of project value in excess of
$2,000,000.00
_ $37,500.00 plus 0.25 percent of project value in excess of
$3,000,000.00
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.
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:
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 qualified for meeting the city's allocation of regional affordable housing as defined by the
comprehensive plan may be exempted from subsections 11-60-21B, C, and I 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 107. Section 11-61-3.G of the Zoning Ordinance (RH-1 District — Permitted
Uses) is hereby amended to read as follows:
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G. Two-family dwelling units only as required by Section 11-61-23 of this title.
Section 108. Section 11-61-5 of the Zoning Ordinance (RH-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.
Section 109. Section 11-61-5 of the Zoning Ordinance (RH-1 District—Accessory Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
F. Gardens for produce not to be offered for sale.
Section 110. Section 11-61-21.A of the Zoning Ordinance (RH-1 District — Building
Height) is hereby amended to read as follows:
A. Principal buildings: Three (3) stories or forty two feet (42'), whichever is less.
Section 111. Section 11-61-25 of the Zoning Ordinance (RH-1 District — Affordable
Housing) is hereby amended to read as follows:
11-61-25: AFFORDABLE HOUSING:
Housing qualified for meeting the city's allocation of regional affordable housing as defined by the
comprehensive plan may be exempted from subsections 11-58-21C, D, K, and L where required
by subsection 11-61-19.A 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 112. Section 11-62-3.G of the Zoning Ordinance (RH-2 District — Permitted
Uses) is hereby amended to read as follows:
G. Two-family dwelling units only as required by Section 11-62-23 of this title.
Section 113. Section 11-62-5 of the Zoning Ordinance (RH-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.
Section 114. Section 11-62-5 of the Zoning Ordinance (RH-2 District —Accessory Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
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F. Gardens for produce not to be offered for sale.
Section 115. Section 11-62-13.13 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.
1. Townhomes: Three thousand eight hundred (3,800) square feet per unit.
2. Multiple -family dwellings:
a. One thousand six hundred seventy five (1,675) square feet per unit.
b. Buildings shall not exceed a floor area ratio of seven -tenths (0.7).
3. Senior assisted living or continuing care retirement communities: One thousand
(1,000) square feet per unit.
Section 116. Section 11-62-25 of the Zoning Ordinance (RH-1 District — Affordable
Housing) is hereby amended to read as follows:
11-61-25: AFFORDABLE HOUSING:
Housing qualified for meeting the city's allocation of regional affordable housing as defined by the
comprehensive plan may be exempted from subsections 11-58-21C, D, K, and L where required
by subsection 11-61-19.A 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 117. 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 1-35 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:
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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 1-35 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.
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:
c
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:
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.
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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:
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
30 feet
yards
Rear
30 feet
yards
Side 20 feet on any one side, or 30 feet on the side yard abutting the major
yards 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.
52
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:
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:
A car wash that is accessory to a convenience store/motor fuel facility shall be
included as part of the principal building.
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
53
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:
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
54
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:
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.
55
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:
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.
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.
56
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.
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 fora 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:
57
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 11-19-71 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:
(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.
9�sl
(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.
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 W), 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.
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 30 feet
yard
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.
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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:
1. Development density:
a. The maximum development density within a M-1 district will be based on
the net buildable area 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:
a. One thousand six hundred seventy five (1,675) square feet
per unit.
b. Buildings on lots abutting a RS district shall not exceed a
floor area ratio of seven -tenths (0.7).
(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. Design and construction standards for principal and accessory buildings:
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a. The exterior of multiple -family dwelling structures 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, multiple -family dwelling
structures shall comply with the following requirements
(1) A minimum of fifty percent (50%) of the combined area of all elevations
of a structure shall have an exterior finish of brick, stucco and/or natural
or artificial stone.
(2) For the purposes of this section, the area of the building elevation shall
not include area devoted to windows, entrance doors, garage doors,
or roof areas.
b. The exterior of mixed use buildings combining commercial and multiple
family dwelling uses shall be as specified in section 11-17-9.D of this title.
4. An internal site pedestrian circulation system consisting of sidewalks with a
minimum width of five feet (5) shall be defined and appropriate provisions made
to protect such areas from encroachments by parked cars or moving vehicles clear
of any obstacles or impediments.
5. 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.
6. Buffer Yard. A yard 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.
7. Affordable Housing. Housing qualified for meeting city's allocation of regional
affordable housing as defined by the comprehensive plan may be exempted from
subsections 11-65-7.N.3 and 5 of this title provided that 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:
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:
a. All of the property including buildings and common areas shall be owned
by a single entity.
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b. Common interest community ownership pursuant to Minnesota Statutes
5156.
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:
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.
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.
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).
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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 (600) 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.
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:
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
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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.
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:
A. Outdoor service, sale and rental as an accessory use, provided that:
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.
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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:
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,
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
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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
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.
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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 (T) 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.
11-65-13: 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
'Rear
yards
30 feet
10 feet, or 30 feet abutting a street or residential zoned property
Side 10 feet on any 1 side, or 30 feet on the side yard abutting a street or
yards 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 118. 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:
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.
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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:
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.
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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.
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:
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:
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.
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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.
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.
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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.
E. Convenience restaurants, provided that:
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.
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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.
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.
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.
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. 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.
7. 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 (6) wide and clear of
any obstacle or impediment.
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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 11-19-71 of
this title.
8. 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.
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 when approved subject to section 11-66-7.G of this title, 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.
F. Daycare facilities as a principal use provided that the use complies with the provisions of
chapter 31 of this title.
G. Drive-through service windows accessory to an allowed use provided that the following
additional criteria are satisfied:
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1. Stacking: Not less than one hundred eighty feet (180') of segregated automobile
stacking lane must be provided for the service window.
2. 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.
3. Use Of Street: No part of the public street or boulevard may be used for stacking of
automobiles.
H. 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.
I. Governmental and public utility buildings and structures; other than City of Lakeville.
J. 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 30 feet
yard
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.
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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.
Street and storm sewer improvements.
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.
K. Multiple family dwellings within a stand-alone or mixed-use building, provided that:
Development density:
a. The maximum development density within an M-2 district will be based on the
net buildable area 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.
(2) Senior assisted living or continuing care retirement communities: One
thousand hundred (1,000) square feet per unit.
2. Design and construction standards for principal and accessory buildings:
a. The exterior of multiple -family dwelling structures 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, multiple -family dwelling
structures shall comply with the following requirements
(1) A minimum of fifty percent (50%) of the combined area of all elevations
of a structure shall have an exterior finish of brick, stucco and/or natural
or artificial stone.
(2) For the purposes of this section, the area of the building elevation shall
not include area devoted to windows, entrance doors, garage doors,
or roof areas.
b. The exterior of mixed use buildings combining commercial and multiple
family dwelling uses shall be as specified in section 11-17-9.D of this title.
3. An internal site pedestrian circulation system consisting of sidewalks with a
minimum width of five feet (5) shall be defined and appropriate provisions made
V1.11
to protect such areas from encroachments by parked cars or moving vehicles clear
of any obstacles or impediments.
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. Affordable Housing. Housing qualified for meeting city's allocation of regional
affordable housing as defined by the comprehensive plan may be exempted from
subsections 11-65-7. K.2 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.
L. Multiple principal buildings on one lot of record, provided that:
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:
a. All of the property including buildings and common areas shall be owned
by a single entity.
b. Common interest community ownership pursuant to Minnesota Statutes
5156.
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:
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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.
M. Nursing homes, residential care facilities, continuing care retirement communities and
senior housing with services establishments licensed by the Minnesota department of
health provided that:
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.
N. Personal wireless service antennas not located on an existing structure or tower, as
regulated by chapter 30 of this title.
O. 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.
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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.
P. 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.
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.
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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.
Q. Commercial kennels for dogs, cats, and other domestic animals provided that:
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.
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.
R. Microdistilleries with tasting rooms.
S. 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.
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.
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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.
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:
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).
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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.
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.
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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.
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.
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:
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
Yards abutting a major collector or arterial street
30 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.
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Section 119. Section 11-70-7.K.4.b the City Code (O -R District — Multiple Principal
Buildings) is hereby amended read as follows:
b. Common interest community pursuant to Minnesota statutes 5158.
Section 120. Section 11-71-3.E the City Code (C-1 District - Permitted Uses) is hereby
amended read as follows:
E. Offices, general and medical.
Section 121. Section 11-71-7.H.3.b the City Code (C-1 District — Multiple Principal
Buildings) is hereby amended read as follows:
b. Common interest community pursuant to Minnesota statutes 515B.
Section 122. Section 11-71-11.D.5 the City Code (C-1 District— Uses By Administrative
Permit) is hereby amended read as follows:
5. Only one (1) business in a multiple tenant building may obtain an administrative permit
for accessory seating.
Section 123. 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 124. Section 11-72-3.1 the City Code (C-2 District - Permitted Uses) is hereby
amended read as follows:
I. Offices, general and medical.
Section 125. Section 11-72-31 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.
Section 126. 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.
Section 127. Section 11-72-7.G.12 the City Code (C-2 District — Convenience
Restaurants; Additional Stipulations) is hereby repealed in its entirety.
::
Section 128. Section 11-72-7.M.3.b the City Code (C-2 District — Multiple Principal
Buildings) is hereby amended read as follows:
b. Common interest community pursuant to Minnesota statutes 5158.
Section 129. 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 130. Section 11-73-3.H the City Code (C-3 District - Permitted Uses) is hereby
amended read as follows:
H. Offices, general and medical.
Section 131. 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.
Section 132. Section 11-73-31 the City Code (C-3 District - Permitted Uses) is hereby
amended read as follows:
L. Restaurants, general with on -sale liquor.
Section 133. Section 11-73-7.G.12 the City Code (C-2 District - Conditional Uses;
Additional Stipulations) is hereby repealed in its entirety:
Section 134. Section 11-73-7.L.3.b the City Code (C-3 District — Multiple Principal
Buildings) is hereby amended read as follows:
b. Common interest community pursuant to Minnesota statutes 5158.
Section 135. 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 136. Section 11-74-3.G the City Code (C -CBD District - Permitted Uses) is
hereby amended read as follows:
G. Offices, general and medical.
We
Section 137. 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:
Private clubs or lodges serving food and beverages with on -sale liquor.
Section 138. Section 11-74-31 the City Code (C -CBD District - Permitted Uses) is
hereby amended read as follows:
L. Restaurants, general with on -sale liquor.
Section 139. Section 11-74-7.B the City Code (C -CBD District — Conditional Uses;
Automobile repair, major) is hereby repealed with subsequent sections renumbered accordingly.
Section 140. Section 11-74-7.F the City Code (C -CBD District — Convenience
Restaurants) is hereby amended read as follows:
F. Convenience restaurants, provided that:
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.
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.
a
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 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.
7. 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.
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 (6) 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 11-19-71 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.
91
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. 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.
Section 141. Section 11-74-7 the City Code (C -CBD District — Conditional Uses) is
hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
Drive-through service windows accessory to an allowed use provided that the following
additional criteria are satisfied:
1. Stacking: Not less than one hundred eighty feet (180') of segregated automobile
stacking lane must be provided for the service window.
2. 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.
3. Use Of Street: No part of the public street or boulevard may be used for stacking of
automobiles.
Section 142. Section 11-74-7.M.3.b the City Code (C -CBD District — Multiple Principal
Buildings) is hereby amended read as follows:
b. Common interest community pursuant to Minnesota statutes 515B.
Section 143. Section 11-75-3.G the City Code (O -P District - Permitted Uses) is hereby
amended read as follows:
G. Offices, general and medical.
92
Section 144. Section 11-75-7.J.3.b the City Code (O -P District — Multiple Principal
Buildings) is hereby amended read as follows:
b. Common interest community pursuant to Minnesota statutes 5156.
Section 145. Section 11-85-3.H the City Code (I -CBD District - Permitted Uses) is hereby
amended read as follows:
H. Offices, general and medical.
Section 146. Section 11-85-7.F.3.b the City Code (I -CBD District — Multiple Principal
Buildings) is hereby amended read as follows:
b. Common interest community pursuant to Minnesota statutes 515B.
Section 147. Section 11-86-7.H.3.b the City Code (I -CBD District — Multiple Principal
Buildings) is hereby amended read as follows:
b. Common interest community pursuant to Minnesota statutes 515B.
Section 148. Section 11-87-7.H.3.b the City Code (I -CBD District — Multiple Principal
Buildings) is hereby amended read as follows:
b. Common interest community pursuant to Minnesota statutes 515B.
Section 149. This Ordinance shall be effective immediately upon its passage and
publication according to law.
ADOPTED by the Lakeville City Council this 1 sc day of June 2020
ATTGCT
BY:
CITY OF LAKEVILLE
/"Mir=W -�
�• •Anderson, -Mayor
93
SUMMARY OF ORDINANCE NO. 1031
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLES 4, 10 AND 11 OF THE
LAKEVILLE CITY CODE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
NOTICE IS HEREBY GIVEN that on June 1, 2020, Ordinance No. 1031 was
adopted by the City Council of the City of Lakeville, Minnesota.
NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council
amends: 1) Section 4-1-3 concerning the length of weeds and grass; 2) the Subdivision
Ordinance concerning final plat procedures, procedures for filing and review related to
Common Interest Communities and Design Standards for streets, alleys, sidewalks and
trails; and 3) numerous sections of the City's Zoning Ordinance for consistency with the
2040 Comprehensive Plan and an annual update.
ADOPTED by the Lakeville City Council this 1 st day of June 2020
CITY OF LAKEVILLE
Douglas -P. Anderson, Mayor
ATTEST
BY:
Charlene Friedges, City Cir(
Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance
is published in summary form. Complete copies of the ordinance are available for
inspection by contacting the City Clerk, Lakeville City Hall, 20195 Holyoke Avenue,
Lakeville, Minnesota 55044 during regular office hours.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF DAKOTA
Diane Erickson being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
STW Lakeville
with the known office of issue being located
in the county of:
DAKOTA
with additional circulation in the counties of:
SCOTT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 06/05/2020 and the last
insertion being on 06/05/2020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 06/05/2020 by Diane Erickson.
0
Notary Public
DARLENE MARIE MACPHERSON
Notary Public
Minnesota
MyCornmission EloresJanuary 31, 2024
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$27.40 per column inch
Ad ID 1050872
1 4
CITY OF LAKEVILLE
DAKOTA COUNTY,
MINNESOTA
SUMMARY OF
ORDINANCE NO. 1031
AN ORDINANCE AMENDING
TITLES 4, 10 AND 11 OF THE
LAKEVILLE CITY CODE
THE CITY COUNCIL OF THE
CITY OF LAKEVILLE ORDAINS:
NOTICE IS HEREBY GIVEN
that on June 1, 2020, Ordinance
No. 1031 was adopted by the City
Council of the City of Lakeville,
Minnesota.
NOTICE IS FURTHER GIVEN
that the ordinance adopted by the
City Council amends: 1) Section
4-1-3 concerning the length of
weeds and grass; 2) the Subdivi-
sion Ordinance concerning final
plat procedures, procedures for fil-
ing and review related to Common
Interest Communities and Design
Standards for streets, alleys, side-
walks and trails; and 3) numerous
sections of the City's Zoning Or-
dinance for consistency with the
2040 Comprehensive Plan and an
annual update.
ADOPTED by the Lakeville City
Council this 1st day of June 2020
CITY OF LAKEVILLE
BY: Douglas P. Anderson
Mayor
ATTEST: Charlene Friedges
City Clerk
Pursuant to Minnesota Statutes
412.191, Subd. 4 and 331A.01,
Subd.10, this Ordinance is pub-
lished in summary form. Complete
copies of the ordinance are avail-
able for inspection by contacting
the City Clerk, Lakeville City Hall,
20195 Holyoke Avenue, Lakeville,
Minnesota 55044 during regular
office hours.
Published in the
Sun Thisweek
June 5, 2020
1050872