HomeMy WebLinkAbout1047ORDINANCE NO. 1047
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE.
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
Section 1. Section 2-1-5 of the City Code (Boards and Commissions - Planning
Commission) is hereby amended to add the following provision with subsequent sections
renumbered accordingly:
B. The planning commission shall serve as the planning agency for the city of
Lakeville for the purposes of Minnesota statutes 462.351 to 462.365, except that
the planning department shall service this function pertaining only to the sale and
disposition of property in accordance with Minnesota statute 462.356, subd. 2.
Section 2. Title 6, Chapter 2 of the City Code (Motor Vehicles and Traffic - Junk
and Dismantled Vehicles) is hereby repealed it its entirety.
Section 3. Section 11-2-3 of the Zoning Ordinance (Definitions) is hereby
amended to revise the following definition:
AIRPORT: Any building, structure, hangar, runways, taxiways, drives, fencing, or other
facilities or improvements at the Airlake Airport that involve or are directly related to the
operation of aircraft, including uses and activities incidental to the feasible and safe operation
of aircraft or that are incidentally related or accessory to the movement of passengers,
baggage, mail, and cargo.
Section 4. Section 11-16-17.F of the Zoning Ordinance (General Performance
Standards- Exterior Lighting) is hereby amended to add the following provisions:
6. Exterior lighting required for and incidental to airport operations.
Section 5. Section 11-17-7.E.4 of the Zoning Ordinance (General Yard, Lot Area,
and Building Requirements - Building Height) is hereby amended to read as follows:
4. For each additional story -or for each additional ten feet (10') above the
maximum building height allowed within the applicable Zoning District, front
and side yard setback requirements shall be increased by five feet (6).
Section 6. Section 11-17-9.G.1 of the Zoning Ordinance (General Yard, Lot Area,
and Building Requirements - Building Type and Construction) is hereby amended to read
as follows:
The use is an airport or essential service as defined by this title; or
Section 7. Section 11-18-7.C.3.e of the Zoning Ordinance (Accessory Buildings,
Uses, Structures, and Equipment — Single Family Attached and Detached Accessory
Uses) is hereby amended to read as follows:
e. A paved driveway meeting the requirements of subsection 11-19-
7.1 of this title shall be constructed for any detached structures
having a structural exterior opening of eight feet (8') wide or greater.
Section 8. Section 11-18-9.C.3 of the Zoning Ordinance (Accessory Buildings,
Uses, Structures, and Equipment — All Zoning Districts) is hereby amended to read as
follows:
3. Multiple -Family And Nonresidential Uses:
a. Detached accessory buildings and structures shall be limited to
twenty feet (20') in height for all multiple -family uses.
b. Accessory buildings and structures for non-residential uses shall be
limited to the height allowed for principal buildings within the
respective zoning districts, unless otherwise limited by this title.
Section 9. Section 11-18-9.D of the Zoning Ordinance (Accessory Buildings,
Uses, Structures, and Equipment — All Zoning Districts) is hereby amended to read as
follows:
D. Except for agricultural buildings on farms, 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:
Zoning
District
Use
Percentage Of Lot
Area That May Be
Occupied By The
Accessory Building
Maximum
Combined
Allowable Floor
Area Per Unit
(Square Feet)
A -P
All uses
Not applicable
Not applicable
RA
Single-family
2 N 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)
Section 10. Section 11-19-7.1.4 of the Zoning Ordinance (Off -Street Parking —
General Provisions) is hereby amended to add the following provisions:
4. Circulation:
a. Except in the case of single-family, two-family, and townhouse
dwellings other than located within the RH-CBD district, access
and parking areas shall be designed so that circulation between
parking bays or aisles occurs within the designated parking lot and
does not depend upon a public street or alley.
b. Except in the case of single-family, two-family, and townhouse
dwellings other than located within the RH-CBD district, access
and parking area design which requires backing into the public
street is prohibited.
Section 11. Section 11-19-13 of the Zoning Ordinance (Off -Street Parking —
Number of Spaces Required) is hereby amended to add the following provisions:
Use Number of Required Spaces
Residential
1,250 (corner lot)
Detached
townhomes
10 percent
750
Two-family
10 percent
750
RM -1, RM-
2, and
RM -3
Single-family
10 percent
1,100 (interior lot)
1,250 (corner lot)
Two-family
10 percent
750
Townhouse
10 percent
750
RHA 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 10. Section 11-19-7.1.4 of the Zoning Ordinance (Off -Street Parking —
General Provisions) is hereby amended to add the following provisions:
4. Circulation:
a. Except in the case of single-family, two-family, and townhouse
dwellings other than located within the RH-CBD district, access
and parking areas shall be designed so that circulation between
parking bays or aisles occurs within the designated parking lot and
does not depend upon a public street or alley.
b. Except in the case of single-family, two-family, and townhouse
dwellings other than located within the RH-CBD district, access
and parking area design which requires backing into the public
street is prohibited.
Section 11. Section 11-19-13 of the Zoning Ordinance (Off -Street Parking —
Number of Spaces Required) is hereby amended to add the following provisions:
Use Number of Required Spaces
Residential
RH-CBD and 1.5 spaces per dwelling unit for
C -CBD Districts townhouse or multiple family uses.
Section 12. Section 11-21-5.1-1 of the Zoning Ordinance (Fences —Commercial,
Institutional, and Industrial Fencing) is hereby amended to add the following provisions:
4. Fencing accessory to an airport use as defined by this title shall be exempt
from the provisions of this section.
Section 13. Section 11-21-9.C.4.f of the Zoning Ordinance (Required Screening
and Landscaping) is hereby amended to add the following provisions:
Trees and shrubs shall not be planted in the right of way except for
developments within the RM -3, RH-CBD, C -CBD, M-2, and planned
unit development districts incorporating requirements for landscape
maintenance agreements or designated streets as determined by
the city council.
Section 14. Section 11-22-5 of the Zoning Ordinance (Outdoor Storage —
Accessory Use; Exceptions) is hereby amended to add the following provision:
C. An airport as defined by this title shall be exempt from the provisions of this section.
Section 15. Section 11-22-7.13 of the Zoning Ordinance (Outdoor Storage —
Land/Sea Containers or Parking of Semitractor Trailers) is hereby amended to read as
follows:
B. Exemptions:
An airport use as defined by this title shall be exempt from the provisions
of this section.
2. The prohibition against outdoor storage of semitractor trailers provided in
this section does not apply to the temporary parking of construction trailers
on a construction site during the period that the site is being developed.
Section 16. Section 11-23-15.T.3. of the Zoning Ordinance (Signs — General
Regulations) is hereby amended to read as follows:
3. For buildings with a gross floor area of seventy thousand (70,000) square
feet or larger within C-2 and C-3 Districts also within the Freeway Corridor
District, as defined on the zoning map, one (1) electronic changeable
copy or electronic graphic display sign may be allowed provided that:
a. Operation: The operation of the electronic sign shall require
issuance of a license pursuant to section 3-22-3 of this Code.
b. Location:
(1) The sign shall be displayed only in a yard abutting an
arterial, minor expander, minor connector or minor reliever
street, collector or local commercial street as defined by
the Comprehensive Plan.
(2) The sign shall be set back a minimum of fifty feet (50') from
any side or rear lot line abutting a residential district.
C. Sign Structure:
(1) The electronic changeable copy or graphic display shall be
incorporated as part of the freestanding sign allowed by
subsection 11-23-19.F of this chapter.
(2) The electronic changeable copy or graphic display element
shall not exceed one hundred fifty (150) square feet and
shall be integral and contiguous to the overall sign display.
(3) The total height of the sign structure including the base shall
not exceed +,.,8Rty foo+ (200 thirty feet (30').
Section 17. Section 11-23-19.E.1.b of the Zoning Ordinance (Signs — District
Regulations) is hereby amended to read as follows:
b. Wall, Canopy, Or Marquee Sign:
(1) For single occupancy buildings, not more than one1Lwall,
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.
(2) The area of individual signs shall not exceed one hundred
(100) square feet, except as allowed by one (1) of the
following provisions:
(A) 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.
(B) The area of individual signs shall not exceed four
hundred (400) square feet for single occupancy
building or an individual tenant space with a gross
floor area of two hundred fifty thousand (250,000)
square feet or more.
Section 18. Section 11-35-3.D.3.b(1) of the Zoning Ordinance (Animals —
Prescribed Grazing by Goats) is hereby amended to read as follows:
(1) Not more than two (2) goats per every one-tenth (0.10) acre
of the lot area shall be on the premises at one (1) time.
Section 19. Section 11-35-3.D.3.d(2)(B) of the Zoning Ordinance (Animals —
Prescribed Grazing by Goats) is hereby amended to add the following provisions:
(iii) Temporary electric fencing of not more than
4,500 volts may be used in all zoning districts
provided the fence is setback a minimum of
five (5) feet from all property lines.
Section 20. Section 11-35-3.D.3.d(2)(C) of the Zoning Ordinance (Animals —
Prescribed Grazing by Goats) is hereby amended to read as follows:
(C) All sides of the enclosure(s) shall be of sufficient
height and the bottom of the enclosures shall be
constructed or secured in a manner as to prevent the
goats from escaping over or under the enclosure(s).
Section 21. Section 11-35-3.D.3.e of the Zoning Ordinance (Animals —
Prescribed Grazing by Goats) is hereby amended to read as follows:
e. Signage: Signs shall be installed and maintained on the property
only for the duration of the administrative permit as follows:
(1) Signs shall warn of the presence of the goats with
information -including "Do Not Enter" and shall indicate if an
electric fence is being utilized for the goat enclosure.
(2) A minimum of one (1) sign shall be located every twenty
(20) feet on each side of the enclosed area.
(3) The signs shall not contain advertising, however the
contact information of the owner of the goat(s) may be
listed on the signs for emergency purposes.
(4) The signs shall be affixed on the enclosure fence.
Section 22. Section 11-45-1.13 of the Zoning Ordinance (General Zoning District
Provisions) is hereby amended to add the following provision:
RH-CBD, High Density Residential District — Central Business District
Section 23. Section 11-45-1.E of the Zoning Ordinance (General Zoning District
Provisions — Industrial Districts) is hereby amended to add the following provision:
1-3, Airport Industrial Zoning District
Section 24. 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 25. Title 11 the City Code (Zoning Ordinance) is hereby amended to add
Section 63 to include the following provisions:
SECTION 63
RH-CBD, HIGH DENSITY RESIDENTIAL DISTRICT — CENTRAL BUSINESS
DISTRICT
11-63-1: PURPOSE:
11-63-3: PROCESSING:
11-63-5: PERMITTED USES:
11-63-7:
PERMITTED ACCESSORY USES:
11-63-9:
CONDITIONAL USES:
11-63-11:
INTERIM USES:
11-63-13:
USES BY ADMINISTRATIVE PERMIT:
11-63-15:
DEVELOPMENT DENSITY:
11-63-17:
LOT REQUIREMENTS AND SETBACKS:
11-63-19:
COMMON AREAS:
11-63-21:
DESIGN AND CONSTRUCTION STANDARDS:
11-63-23:
BUILDING HEIGHT:
11-63-25:
AFFORDABLE HOUSING:
11-63-1: PURPOSE: The purpose of the RH-CBD district is to provide for high
density housing in townhouse and multiple -family structures and directly related
complementary uses within Downtown Lakeville consistent with the Comprehensive Plan
and Downtown Development Guide.
11-63-3: 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.
11-63-5: PERMITTED USES: In addition to other uses specifically identified
elsewhere in this title, the following are permitted uses in the RH-CBD 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. Senior housing.
F. Townhomes.
11-63-7: PERMITTED ACCESSORY USES:
In addition to other uses specifically identified elsewhere in this title, the following are
permitted accessory uses in the RH-CBD 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.
B. Administrative offices, meeting rooms, classrooms, and food preparation and
service areas in private and public recreational facilities, and the uses of which are
incidental and directly related to the primary use.
C. Community gardens as regulated by section 11-18-15 of this title; institutional uses
only.
D. Fences as regulated by chapter 21 of this title.
E. Gardens for produce not to be offered for sale.
F. Ground source heat pump systems as regulated by chapter 29 of this title.
G. Home occupations and home offices as regulated by chapter 32 of this title.
H. Keeping of animals subject to chapter 35 of this title.
I. Play and recreational facilities, only accessory to an existing principal permitted
use on the same lot and which are operated for the enjoyment and convenience
of the residents of the principal use and their occasional guests, except as
otherwise permitted.
J. Private garages and off street parking and off street loading as regulated by
chapters 19 and 20 of this title.
K. Secondary or accessory use antennas as regulated by chapter 30 of this title.
L. Signs as regulated by chapter 23 of this title.
M. Solar energy systems as regulated by chapter 29 of this title.
11-63-9: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere in this title, the following are
conditional uses in an RH-CBD 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:
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
j 20,000 square feet
Lot width:
Corner
120 feet
Interior
100 feet
3. The following principal structure setbacks are satisfactorily met:
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.
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8. Except as specifically regulated by this section, the provisions of
sections 11-55-13 through 11-55-19 of this title are considered and
satisfactorily met.
E. Multiple family dwellings, provided that:
1. The property shall be guided for high density residential use by the
Comprehensive Plan and Downtown Development Guide.
F. 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 a public 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.
G. Parks and recreational areas owned or operated by public bodies; other than the
city of Lakeville.
H. Personal wireless service antennas not located on a public structure, or existing
tower as regulated by chapter 30 of this title.
Social services or other activities which are not directly worship related as an
accessory use within a religious institutional building(s).
11-63-11: 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 RH-CBD 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.
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11-63-13: 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 RH-
CBD 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.
11-63-15: DEVELOPMENT DENSITY:
A. The maximum development density within the RH-CBD district as defined by the
Comprehensive Plan and the land uses guided by the land use plan shall be
determined based upon net developable acreage excluding from the area
calculations public parks and open space, arterial and major collector 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 RH-CBD district allows for a variety of residential housing types. The
maximum development density shall be determined by the following minimum lot
area per unit standards as defined by Section 11-17-21 of this title:
Townhome dwellings: No minimum requirement.
2. Multiple family dwellings: No minimum requirement.
3. Senior housing: No minimum requirement.
11-63-17: LOT REQUIREMENTS AND SETBACKS: The following minimum
requirements shall be observed in an RH-CBD district subject to additional requirements,
exceptions and modifications set forth in this title:
A. Unit Lots: Subdivision of townhome dwellings to permit individual private
ownership of a single dwelling within such a structure with have sufficient lot area
to Include the living area, garages, decks, patios or porches of the individual
dwelling units.
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B. Base Lot Setbacks:
Within a front yard or a side yard of a corner lot abutting a public right-of-
way, a build -to line shall be established for principal buildings:
a. The minimum setback shall be ten feet (10') and the maximum shall
be fifteen feet (15') from the right of way.
b. On lots with more than one street frontage, the build -to line shall
apply on each side fronting a street.
C. At least sixty five percent (65%) of the street frontage of any lot
shall be occupied by building facades meeting the build -to line.
Other portions of a building beyond the sixty five percent (65%)
may be set back farther than required by the build -to line.
d. The length of the building facade shall be measured as the
maximum width of the building projected to the front lot line on
lines perpendicular to the front lot line.
2. A minimum setback of five feet (5') shall be required from interior side or
rear lot lines.
3. A minimum setback of ten feet (10') shall be required where a side or rear
lot line abuts an RS -CBD District.
C. Building Setbacks: The following minimum internal setbacks shall be imposed on
developments that include more than one (1) principal structure on a base lot:
1. Minimum setback between buildings within the same base lot: Ten
feet (10').
2. Buildings shall be set back a minimum of twenty five (25') from the back of
curb line of private drives.
3. A protective natural buffer and setback shall be provided for all designated
wetlands in conformance with section 11-16-13 of this title.
11-63-19: COMMON AREAS: The following minimum requirements shall be observed in
the RH-CBD district governing common areas:
A. Ownership: All common areas within an RH-CBD 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. 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.
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B. Homeowners' Association: A homeowners' association subject to review and
approval of the City Council responsible for the maintenance of the building
exterior, 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.
11-63-21: 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 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 Design and Finish, Townhouse Dwelling Units and
Multiple Family Buildings: 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. Any exterior building wall adjacent to or visible from a public
street, public open space, or abutting property may not exceed
forty feet (40') in length without significant visual relief consisting
of two (2) or more of the following:
The facade shall be divided architecturally by means of
significantly different materials or textures.
2. Horizontal offsets of at least one foot (1') in depth.
3. Vertical offsets in the roofline of at least three feet.
b. Allowed exterior finish materials shall be limited to brick, stucco,
natural or artificial stone, split face (rock face) concrete block,
engineered wood siding, and/or cement fiberboard materials.
C. Townhome Dwelling Units:
(1) A minimum of twenty five percent (25% of the area of each
elevation of a structure shall have an exterior finish of brick,
stucco, and/or natural or artificial stone.
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(2) Except for brick, stucco, and/or natural or artificial stone, no
single elevation shall have more than seventy five percent
(75%) of one type of exterior finish.
(3) Except for brick, stucco, and/or natural or artificial stone, no
townhome dwelling structure shall have more than sixty
percent (60%) of all elevations of one type of exterior finish.
(4) No townhome dwelling structure shall have more than 60
percent (60%) of all elevations of one type of exterior finish.
(5) For the purpose of this section:
(A) The area of the elevation shall not include area
devoted to facias, trim, windows, entrance doors,
garage doors, or roof areas.
(B) Variations in texture or style (i.e., lap siding versus
shake shingle siding) shall be considered as
different materials meeting the requirements of this
section.
C. Multiple Family Buildings:
(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.
C. Off -Street Parking:
1. A minimum of one (1) of the off-street parking stalls required by Section 11-
19-13 of this title shall be provided within an enclosed garage attached to
the principal building.
2. Off-street parking areas shall only be located in side or rear yards.
3. Individual or shared garages only shall be accessed from a side or rear
yard.
D. 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.
E. Utilities:
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Underground Or Exterior Service: All utilities serving an RH-CBD 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.
F. 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.
G. 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.
H. 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:
Landscaping at the boundary of the site adjoining another property and the
immediate perimeter of the principal structure.
2. Screening of off-street parking areas.
3. All boulevards shall be sodded.
4. Screening of designated outdoor storage areas.
5. 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.
15
11-63-23: 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 RH-CBD district shall exceed the following height:
A. Principal buildings: Three (3) stories or thirty-five feet (35'), whichever is less.
B. Accessory buildings: As regulated by subsection 11-18-9C of this title.
11-63-25: 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 11-63-21.6.1 and 11-63-21.C.1 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 26. Section 11-74-7 of the Zoning Ordinance (C -CBD District —
Conditional Uses) is hereby amended to add the following provisions with subsequent
sections renumbered accordingly:
L. Multiple family dwellings within a building existing as of June 7, 2021, provided
that:
1. The residential dwelling units shall be located on the second floor or above.
2. Off-street parking for the residential use shall be provided as required by
Section 11-19-13 of this title.
M. Multiple family dwellings within a mixed-use building constructed after June 7,
2021, provided that:
1. The property shall be guided for mixed use by the and Downtown
Development Guide.
2. The maximum development density shall be determined by the following
minimum lot area per unit standards as defined by Section 11-17-21 of this
title:
(a) Multiple -family dwellings: No minimum requirement.
(b) Senior assisted living or continuing care retirement communities:
No minimum requirement.
3. 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:
16
(1) Allowed exterior finish materials, not including for use on
facias, trim, or roof, shall be limited to brick, stucco, natural
or artificial stone, split face (rock face) concrete block,
engineered wood siding, and/or cement fiberboard.
(2) 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.
(3) 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 (6) 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. Affordable Housing. Housing qualified for meeting city's allocation of
regional affordable housing as defined by the comprehensive plan may be
exempted from subsections 11-74-7.M.3(2) and 5 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.
Section 27. Title 11 the City Code (Zoning Ordinance) is hereby amended to add
Section 88 to include the following provisions:
SECTION 88
1-3, AIRPORT INDUSTRIAL DISTRICT
11-88-1:
PURPOSE:
11-88-3:
PERMITTED USES:
11-88-5:
PERMITTED ACCESSORY USES:
11-88-7:
CONDITIONAL USES:
11-88-9:
INTERIM USES:
11-88-11:
USES BY ADMINISTRATIVE PERMIT:
11-88-13:
LOT REQUIREMENTS AND SETBACKS:
11-88-15:
BUILDING HEIGHT:
17
11-88-1: PURPOSE: The purpose of the 1-3 district is to allow airport uses at the
Airlake Airport within the City of Lakeville based on the unique character and requirements
for site development, buildings, structures, facilities, and operations.
11-88-3: PERMITTED USES: In addition to other uses specifically identified
elsewhere in this title, the following are permitted uses in the 1-3 district:
A. Airport, Metropolitan Airports Commission only.
B. Governmental and public utility buildings and structures, city of Lakeville only.
11-88-5: PERMITTED ACCESSORY USES: In addition to other uses specifically
identified elsewhere in this title, the following are permitted accessory uses in the 1-3
District:
A. Community gardens as regulated by section 11-18-15 of this title.
B. Fences as regulated by chapter 21 of this title.
C. Ground source heat pump systems as regulated by chapter 29 of this title.
D. Off street loading as regulated by chapter 20 of this title.
E. Off street parking as regulated by chapter 19 of this title, including semitrailer
trucks.
F. Outdoor storage and parking of land/sea containers and semi- tractor trailers.
G. Satellite TVROs as regulated by chapter 30 of this title.
H. Secondary or accessory use antennas and satellite TVROs, as regulated
by chapter 30 of this title.
I. Signs as regulated by chapter 23 of this title.
J. Solar energy systems as regulated by chapter 29 of this title.
11-88-7: CONDITIONAL USES: In addition to other uses specifically identified
elsewhere in this title, the following are conditional uses in the 1-3 District and require a
conditional use permit based upon procedures set forth in and regulated by chapter 4 of
this title. Additionally, besides the specific standards and criteria which may be cited below
for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the standards and criteria set forth in subsection 11-4-3E and
section 11-4-7 of this title.
A. 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.
B. Daycare facilities as a principal use provided that the use complies with the
provisions of chapter 31 of this title.
18
C. Governmental and public utility buildings and structures; other than City of
Lakeville or Metropolitan Airports Commission.
D. Personal wireless service antennas not located on an existing structure or tower
as regulated by chapter 30 of this title.
E. Satellite TVROs greater than two meters (2 m) in diameter, other than those
incidental to an airport use, as regulated by chapter 30 of this title.
11-88-9: 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 A District and are governed by chapter 5 of this title:
A Commercial and public radio and television transmitting antennas, public safety
communication antennas other than those incidental to the airport use, and public
utility microwave antennas as regulated by chapter 30 of this title.
1-88-11: 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 the 1-3 District by administrative
permit as may be issued by the Zoning Administrator:
A. Accessory, enclosed retail, rental, restaurant or convenience restaurant (without
drive through facilities, only), or service activity other than that allowed as a
permitted use or conditional use within this title, provided that:
Such use is allowed in a C-3 District.
B. Essential services, except 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.
C. Multiple principal buildings on one lot of record, provided that:
Setbacks: Setbacks between multiple principal buildings within the same
base lot shall be a minimum of twenty feet (20').
2. 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 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
19
tenant spaces within the principal building, with each owner of a unit
lot having an equal and undivided interest in the common area.
d. Utilities:
(1) 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.
(2) Public Utility Service: Separate public utility services shall
be provided to each unit unless exempted by the City
Engineer.
(A) Water connection: A shutoff valve for each individual
unit shall be provided.
(B) 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.
F. Outside, aboveground storage facilities for fuel, or for fuel dispensing purposes
related to the approved principal use, but not for sale.
The design, construction, and location of the equipment must comply with
State and City codes including appropriate National Fire Protection
Association specifications, Minnesota Uniform Fire Code requirements,
and manufacturer's specifications.
2. An accurate site plan for the development based upon a certified survey,
shall be submitted showing to scale the location of the storage equipment,
including any fencing and landscaping relating to the safety and screening
of the equipment.
3. Solid wall enclosures should be used to assure that fire hose streams can
be directed onto the storage equipment with minimal obstruction.
4. Equipment must be located so as not to obstruct approved parking spaces,
driving aisles, fire lanes, utility easements, or required building ingress or
egress points.
5. No signage shall be permitted, other than required safety information,
product identification, product hazards, and operation instructions. For the
purpose of this chapter, "signage" includes words, graphics, logos, and
symbols.
G. Personal wireless service antennas including temporary mobile towers, as
regulated by chapter 30 of this title.
20
H. Temporary structures as regulated by chapter 28 of this title.
I. WECS as regulated by chapter 29 of this title.
11-88-13: LOT REQUIREMENTS AND SETBACKS:
A. The following minimum requirements shall be observed in the 1-3 District subject
to additional requirements, exceptions and modifications set forth in this title:
Lot area
1 acre
Lot width
100 feet
Setbacks:
Front yards
30 feet
Rear yards
30 feet
Side yards
30 feet
11-88-15: 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 1-3 District shall exceed the following height:
A. Principal buildings: No limit.
B. Accessory buildings: No limit.
Section 28. Section 11-102-9.6.2 the City Code (Shoreland Overlay District -
Rivers) is hereby amended to include the following:
Unnamed to Unnamed I Tributary (T) I Sec33 T114 R20 I Sec 34 T114 R20
Section 29. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this 7th day of June 2021 by the City Council of the City of Lakeville,
Minnesota.
CITY OF LAKEVILLE
ff-M-;Anderson, mayor r"W
ATTEST:
- �/) i t, -11,
Charlene riedgeS City Clerk
21
SUMMARY ORDINANCE NO. 1047
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLES 2 (BOARDS AND COMMISSIONS), 6 (MOTOR
VEHICLES AND TRAFFIC), AND 11 (ZONING) OF THE LAKEVILLE CITY CODE
This ordinance amends Titles 2, 6, and 11 of the Lakeville City Code. Amendments have
been made to the following chapters of the Lakeville City Code:
Title 2 Boards and Commissions — Planning Commission)
Chapter 1-5 (Functions, Powers and Duties)
Title 6 (Motor Vehicles and Traffic)
Chapter 2 (Junked, Dismantled Vehicles)
Title 11 (Zoning)
Chapter 2-3 (Definitions)
Chapter 16-17 (Exterior Lighting)
Chapter 17-7 (Building Height)
Chapter 17-9 (Building Type and Construction)
Chapter 18-7 and 9 (Accessory Buildings)
Chapter 19-7 and 13 (Off -Street Parking Requirements)
Chapter 21-5 (Fences)
Chapter 21-9 (Required Screening and Landscaping)
Chapter 22-5 and 7 (Outdoor Storage)
Chapter 23-15 and 19 (Signs)
Chapter 35-3 (Keeping of Animals — Goats)
Chapter 45-1 (Establishment of Zoning Districts)
Chapter 45-5 (Zoning Map)
Chapter 74-7 (C -CBD District Conditional Uses)
Chapter 102-9 (Shoreland Classification)
A printed copy of the entire ordinance is available for inspection by any person during
the City Clerk's regular office hours.
Approved for publication by the City Council of the City of Lakeville, Minnesota this 7'
day of June 2021
CITY OF LAKEVILLE
BY:
Douglas P.Knderson, Mayor
Charlene Friedges, Cit lerk
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )5s
COUNTY OF DAKOTA
Karen Nelson being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
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 quahlica-
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 fust
insertion being on 06/11/2021 and the last
insertion being on 06/11/2021.
MORTGAGE FORECLOSURE NOTICES
Pmstant 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: 4'� j # "
Designated Agent
Subscribed and sworn to or affirmed before
me on 06/11/2021 by Karen Nelson.
Notary Public
MARLENE M MITCHELL
Notary Public
Minnesota
My Commission Expires
Jan 31, 2025
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$27.40 per column inch
Ad ID 1145344
CITY OF LAKEVILLE
DAKOTA COUNTY,
MINNESOTA
SUMMARY ORDINANCE
NO.1047
AN ORDINANCE AMENDING
TITLES 2 ARDS AND
COMMISSIONS), 6 (MOTOR
VEHICLES AND TRAFFIC),
AND 11 (ZONING) OF THE
LAKEVILLE CITY CODE
This ordinance amends Titles
2, 6, and 11 of the Lakeville City
Code. Amendments have been
made to the following chapters of
the Lakeville City Code:
Title 2 (Boards and Commis-
sions - Pletvrino CommieskM
Chapter 1-5 (Functions, Powers
and Duties)
Title 6 (Motor Vehicles and
Traff lei
Chapter 2 (Junked, Dismantled
Vehicles)
Title 17 Z2nioW
Chapter 2-3 (Definitions)
Chapter 16-17 (Exterior Lightird
Chapter 17-7 (Building Height)
Chapter 17-0 (Building Type and
Constriction)
Chapter 18-7 and 9. (Accessory
Buildings)
Chapter 19.7 and 13 (OffSbeet
Parking RequirementB)
Chapter 21-5 (Fences)
Chapter 21-9 (Required Screen -
Ing and Landscaping)
Chapter 22-5 and 7 (Outdoor
Storage)
Chapter 23-15 and 19 (Signs)
Chapter 35-3 (Keeping of AM -
male — Goats)
Chapter 45-1 (Establishment of
Zoning Districts)
Chapter 45-5 (Zoning Map)
Chapter 74-7 (C -CBD District
Conditional Uses)
Chapter 102-9 (Shoreland Clas-
s18cation)
A printed copy of the entire ordi-
nance is available for inspection by
any person during the City Clerk's
regular office hours.
Approved for publication by the
City Council of tete City of Lakev-
Ilie, Minnesota this 7th day of June
2021
CITY OF LAKEVILLE
BY: Douglas P. Anderson, Mayor
ATTEST.
Charlene Frledges, City Clerk
Published in the
Sun Thisweek
June 11, 2021
1145344