HomeMy WebLinkAboutItem 7 TPC Memo 8-6-21
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
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MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 6 August 2021
RE: Lakeville – Zoning Ordinance
TPC FILE: 135.01
BACKGROUND
The Planning Department initiates an annual review of the Zoning Ordinance, Subdivision
Ordinance, and/or City Code to address issues identified in the course of ongoing
administration of the City’s development regulations and review of development applications.
The Planning Commission held a public hearing on 20 May 2021 to consider proposed updates
of the Zoning Ordinance and City Code prepared by City staff and reviewed previously by the
Planning Commission and City Council during work sessions.
The public hearing was closed and the Planning Commission made recommendations to the
City Council for approval of the proposed amendments. The City Council at their work session
on 26 April 2021 removed a number of proposed amendments from consideration until after
the conclusion of the 2021 state legislative session. City staff is also presenting additional items
for consideration related to the 2021 review of the Zoning Ordinance. A public hearing to
consider the proposed amendments has been noticed for the Planning Commission meeting on
19 August 2021.
Exhibits:
Draft ordinance
ANALYSIS
Definitions. City staff is proposing to add the following definitions to the Zoning Ordinance:
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Agriculture. The Zoning Ordinance and Building Code provide exceptions from certain
performance standards for agricultural uses. These exceptions can lead to discussions
between property owners and City staff as to what constitutes an agricultural use. City
staff proposes adding definitions of agricultural buildings and agricultural purposes
based on language from State Statue to provide clarity for property owners.
Floor Area Ratio. Performance standards based on floor area ratio have been
established related to uses within the M and CBD Districts. Floor area ratio is simply
the area of buildings on a lot divided by the lot area. The proposed definition includes
that floor area ratio does not include attached garages, which is space accessory to the
principal use or other area below grade that does not affect the bulk of a structure.
Residential Shelters. City staff has been responding to an increase in inquiries related to
residential shelters. The Zoning Ordinance was amended in 2000 to include language
separating case facilities licensed by the State from other forms of shelters such as domestic
abuse, sober houses. Amendments were made in 2020 such that residential shelters would be
allowed by interim use permit within residential districts and include performance standards
related to occupancy, access, off-street parking and distance from other such facilities. The City
Attorney commented that the current language providing a hard limit on the number of
occupants may be in conflict with the Fair Housing Act. To address this issue, the number of
occupants allowed in a facility within the RS District accessed from a major collector street, RM
District, or RH District would be allowed to have more than 16 occupants based on fire
occupancy rating. The proposed amendment also includes revisions clarifying the definition of
residential shelters and establishing a specific off-street parking requirement.
Swimming Pools. City staff is proposing amendments to the fence provisions of the Zoning
Ordinance related to security protection for swimming pools. The existing language references
“other enclosures” that may be interpreted to include less than solid physical barriers such as
landscaping or pool covers. City staff’s interpretation of the provision is to require an
impenetrable physical barrier such as a fence or wall of a building that does not have to be
actively engaged like a pool cover. To this end, Section 11-19-5.G of the Zoning Ordinance is
proposed to be amended to specify that only a fence or wall will satisfy the security protection
requirement of the Zoning Ordinance for pools.
Motor Fuel Signs. While reviewing changes to the Zoning Ordinance to allow greater use of
contrasting colors and lighting on canopy structures for motor fuel facilities, the City Council
discussed allowances for wall signs. Currently the Zoning Ordinance allows one wall sign facing
a public street, or two wall signs facing a public street in the case of a corner or through lot.
Section 11-23-15.O.2 of the Zoning Ordinance allows the wall sign to be moved from the
principal building to the canopy for motor fuel facilities where it would likely be more visible.
The City Council thought that the allowance of the wall sign on the canopy should be in addition
to, not in lieu of, the wall sign on the principal building. The draft Zoning Ordinance
amendment would allow one sign on the canopy as an additional sign upon the property given
the direction provided by the City Council.
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Development Density. The RM and RH districts include provisions stating requirements for
development density and lot area per unit. Allowed development density is a regulatory
function of the Comprehensive Plan. The draft ordinance provides more clarity between the
distinct definition of density and minimum lot area:
Density: The maximum development density 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) consistent with the definition established by the
Comprehensive Plan.
Lot Area: The area of a lot (or lot area per dwelling unit) is measured as the area of a
horizontal plane within the lot lines excluding major drainageways, as defined by the
water resources management plan, wetlands, water bodies, street rights-of-way,
required buffer strips, regional utility/pipeline easements, and slopes steeper than three
to one (3:1) consistent with Section 11-17-21 of the Zoning Ordinance.
RST-2 Single Family Lots. The City has seen increased interest in development of traditional,
individually owned single family lots occurring within Spirit of Brandtjen Farm and Avonlea (and
Pinnacle Reserve at Avonlea) that are less than the 8,400 square foot area and 70 foot width
required in the RS-4 District accounting for approximately 30 percent of all of the single family
lots within each of these PUDs. The City has also received development sketch plans that
propose lots that are 45 to 65 feet in width.
To provide a means to address these proposals without resorting to use of a PUD District, City
staff is proposing to provide an opportunity for reduced lot area and lot width by conditional
use permit within the RST-2 District. City staff is concerned that simply reducing the minimum
area requirements would not be consistent with the densities guided by the Comprehensive
Plan and would apply so broadly as to have potential impacts to utility and transportation
infrastructure. The RST-2 District currently allows single family lots subject to the same
requirements as the R-4 District, but the conditional use permit would allow lots to be a
minimum of 7,500 square feet and 55 feet in width, provided that:
The lots are within a preliminary plat with a net developable area of at least 100 acres.
The mean area of all single family lots within the preliminary plat is equal to or greater
than the standard minimum lot area required in the RST-2 District.
Not more than 35 percent of the total number of single family lots within the
preliminary plat may have reduced area or width.
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There must be adequate utility capacity to accommodate any increase in the number of
lots within the preliminary plat.
The preliminary plat must have local street access to an arterial or major collector
street.
Twinhome Lot Area. The Zoning Ordinance allows for a townhouse form of twinhome in a
unit/base lot configuration within the RST-2 and RM Districts. City staff recommends that the
minimum lot area requirement for two-family dwellings developed in this form be consistent
with the lot area requirement for detached townhouse and townhouse dwellings. The draft
ordinance reduces the minimum lot area requirement for twinhomes from 7,500 square feet to
5,000 square feet within the RST-2, RM-1, and RM-2 Districts. The minimum lot area
requirement for twinhomes in the RM-3 District is already the same as required for detached
townhome or townhome dwellings.
Detached Townhouse HOAs. Existing provisions in the RST-2 and RM Districts require an HOA be
established to govern and maintain the common areas of the development as well as provide for
management of architectural changes. The existing provisions state that the HOA is to provide for
exterior maintenance of all structures. For detached townhouse buildings, it is more common in the
market that individual property owners maintain the exterior of their dwelling. City staff has included
language in the draft ordinance specifying that the HOA provided building exterior maintenance applies
only to two family, townhouse and commonly owned secondary or accessory buildings.
Garage Area. Section 11-18-7.D.2 of the Zoning Ordinance regulates the area of an attached garage for
single family dwellings including a provision specifying that the dimensions are measured based on
interior dimensions. This provision applies only to single family dwellings and not detached
townhouses, twinhomes, or townhouses whereby the design and construction of the garages are
regulated within the RST-2, RM-1, RM-2, and RH Districts. City staff recommends that the provision
specifying that the minimum width and area are determined based on interior dimensions be added to
the design and construction standards for these districts for clarity as this approach is not industry
standard but consistent with the intent of the Zoning Ordinance.
Affordable Housing. The Zoning Ordinance makes allowances for exceptions to design and construction
standards for detached townhomes, twinhomes, and townhouses within the RST-2, RM, RH, and M
districts subject to meeting criteria for regional affordable housing goals and entering into an agreement
to continue to meet these benchmarks for owner occupied or rental housing for a minimum of 10 years
from occupancy. The current provisions within the RST-2, RM, and RH districts allow for these
exceptions by administrative permit. City staff recommends amending the Zoning Ordinance to allow
these exceptions by conditional use permit to allow for review by the Planning Commission and City
Council that the requested exceptions are consistent with the policies of the Comprehensive Plan.
RM-3 District Exterior Materials. Staff is proposing amendments to the exterior finish requirements for
RM-3 District developments to reduce the percentage of brick or stone materials on the exterior to be
consistent with the 25 percent required within the RST-2 and other RM Districts. City staff has drafted
language to revise the exterior material requirements for the RM-3 District to lower the required
percentage of brick and stone to 25 percent. At the same time, the allowed exterior materials would be
limited to brick, stone, cement fiber, or engineered wood based.
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M-1 District Townhouses. The Economic Development Commission, Planning Commission, and City
Council reviewed sketch plans for development of hybrid townhouse/apartment type dwellings as
allowed within the RM-3 District on sites that would be guided by the Comprehensive Plan for corridor
mixed uses within the I-35 corridor. To provide opportunity for this type of housing within areas guided
for CMU land uses within the I-35 corridor, the draft ordinance includes provisions making townhouse
dwellings a conditional use within the M-1, Mixed Use I-35 Corridor District. Townhouse development
within the M-1 District would be subject to the same performance standards as apply within the RM-1
District, except that M-1 District setbacks would apply.
Temporary Outdoor Sales. There are provisions with the C-1, C-2, C-3, C-CBD, and O-P District allowing
for temporary outdoor sales events. The language adopted with the 2000 Zoning Ordinance update
includes two types of outdoor sales: one involving sales of goods incidental to the activity on the premises
and the other addressing seasonal sales such as produce, Christmas trees, or fireworks. The existing
language is difficult to read and apply so City staff is proposing a comprehensive revision to these
provisions to apply one set of standards to all outdoor sales activities. The intent of these regulations is
to simplify the performance standards and provide for more consistent administration.
O-P District Off-Street Parking. Section 11-75-5.F of the Zoning Ordinance provides for off-street parking
as an accessory use. The provision limits parking of semi-tractor/trailers to only loading areas and only
for four hours. The location and time restrictions are likely difficult for business operations and would be
problematic for the City to administer. City staff recommends that the limitations on semi-tractor/trailer
parking be deleted.
CONCLUSION
City staff recommends approval of the proposed Zoning Ordinance amendment in the form
attached hereto.
c. Justin Miller, City Administrator
David Olson, Community and Economic Development Director
Andrea McDowell-Poehler, City Attorney
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ORDINANCE NO. _________
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE.
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
Section 1. Section 11-2-3 of the Zoning Ordinance (Definitions) is hereby amended to add
the following definitions:
AGRICULTURAL BUILDING: All buildings, other than dwellings and accessory garages, which are
incidental for agricultural purposes, including, but not limited to, barns, granaries, silos, farm
implement storage buildings, and milk houses.
AGRICULTURAL PURPOSES: The raising, cultivation, drying, or storage of agricultural products for
sale, or the storage of machinery or equipment used in support of agricultural production by the
same farm entity. For a property to be classified as agricultural based only on the drying or storage
of agricultural products, the products being dried or stored must have been produced by the same
farm entity as the entity operating the drying or storage facility.
FLOOR AREA RATIO: The floor area, not including enclosed areas below grade or garage space, in
square feet of all buildings on a lot, divided by the area of such lot in square feet.
Section 2. Section 11-2-3 of the Zoning Ordinance (Definitions) is hereby amended to
revise the following definitions:
RESIDENTIAL SHELTER: A facility providing short term housing, food, and protection for individuals
for purposes such as chemical dependency treatment, and domestic abuse, senior assisted
housing with services or memory care, but not including provision of on-site supportive services
to residents, including the following: mental health services; clinical rehabilitation services; social
services; medical, dental, nutritional and other health care services; financial management
services; legal services; vocational services; and other similar supportive services, and not
including state licensed residential care facilities, community correctional facilities, daycare
facilities, or hotels, or motels.
Section 3. Section 11-17-13 of the Zoning Ordinance (Minimum Floor Area Per Dwelling
Unit) is hereby amended to add the following provision:
E. Detached townhouse, two-family, townhouse, and multiple family dwellings qualified for
meeting the city's allocation of regional affordable housing as defined by the
comprehensive plan may be exempted from the minimum floor area requirement of this
section by approval of an administrative permit, provided guarantees satisfactory to the
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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 4. Section 11-19-13 of the Zoning Ordinance (Off-Street Parking – Number of
Stalls Required) is hereby amended to read as follows:
Nursing homes, rest homes
Residential care facility
Residential care facility: 2 spaces per unit for
uses serving 6 or fewer persons in a residential
district.
Other: 4 spaces plus 1 space for each 3 beds and
additional space as determined by the Zoning
Administrator.
Residential Shelter 2 spaces plus 1 space for each 2 occupants of
maximum capacity.
Section 5. Section 11-21-5.G.3 of the Zoning Ordinance (Fences – Swimming Pool
Protection) is hereby amended to read as follows:
3. All swimming pools for which a permit is required and granted shall be provided
with a physical barrier as a safeguards to prevent children from gaining
uncontrolled access. This can be accomplished with fencing, screening or other
enclosure, or any combination thereof, or the walls of a principal or accessory
structure of sufficient density as to be impenetrable. If fences are employed,
theyThe fence or wall shall be at least four feet (4') in height. The bottoms of the
fences shall not be more than four inches (4") from the ground nor shall any open
space in the fence be more than four inches (4"). Fences shall be of a noncorrosive
material and shall be constructed as to be not easily climbable. All fence openings
or points of entry into the pool enclosure shall be equipped with gates or doors.
All gates or doors to swimming pools shall be equipped with self-closing and self-
latching devices placed at a sufficient height so as to be inaccessible to all small
children. The fencing requirements of this subsection G need only be provided
around the means of access on aboveground pools which have four feet (4') high,
vertical or outward inclined side walls. Prior to filling the pool, the approved fence
and/or screenphysical barrier must be completely in place and inspected and
approved by the city building official.
Section 6. Section 11-23-15.O.2 of the Zoning Ordinance (Signs – General Provisions) is
hereby repealed in its entirety and amended to read as follows:
2. Wall signs:
a. One (1) wall sign shall be allowed on the canopy elevation in addition to
the wall signs allowed by Section 11-23-19 of this title.
b. The area of the individual wall signs shall not exceed the area allowed for
wall signs within the zoning district as established by Section 11-23-19 of
this title.
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Section 7. Section 11-33-5.B.1.b of the Zoning Ordinance (Specialized Housing –
Residential Shelters) is hereby amended to add the following provisions:
b. Within an RS District on a lot accessed from a minor collector or higher
functional classification roadway as may be allowed by Chapter 11-19 of
this title, a RM, or a RH District, there shall be no more than sixteen (16)
residents within a residential shelter unless the following conditions are
met:
(1) The maximum number of residents permitted shall not exceed
the fire certificate of occupancy
(2) The use complies with all other performance standards of this
section.
Section 8. Section 11-57-13 of the Zoning Ordinance (RST-2 District – Development
Density) is hereby amended to read as follows:
11-57-13: DEVELOPMENT DENSITY:
A. The maximum development density within an RST-2 district will be based on the net
buildable area for either a single-family detached townhome or a two-family dwelling, or
a condominium subdivision exclusive of public street rights of way, wetlands, 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 RST-2 zoning 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:
1. Single-family dwellings: As provided for in subsection 11-57-15.A of this chapter.
2. Detached townhome and two-family dwellings: Seven thousand five hundred
(7,500)Five thousand (5,000) square feet per unit.
3. Two-family dwellings: Seven thousand five hundred (7,500) square feet per unit.
Section 9. Section 11-57-7 of the Zoning Ordinance (RST-2 District – Conditional Uses) is
hereby amended to add the following provision and renumber subsequent sections accordingly:
H. Single-family detached dwellings; reduction of minimum lot area and width
requirements for a preliminary plat having a net developable area of one hundred (100)
acres or greater, provided that:
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1. The mean area of all single family lots within the preliminary plat shall be equal
to or greater than the minimum lot area required by Section 11-57-15.A of this
title.
2. Not more than thirty five (35) percent of the lots within the preliminary plat
shall have a lot area or width less than the minimums required by Section 11-57-
15.A of this title.
3. Lots less than the minimum area and width required by Section 11-57-15.A of
this title shall comply with the following, subject to additional requirements,
exceptions, and modifications set forth in this title:
Lot area:
Corner 9,520 square feet
Interior 7,500 square feet
Lot width:
Corner 70 feet
Interior 55 feet
Setbacks:
Front
yards
20 feet to the principal building; and 25 feet to the face of the
garage
Rear yards 30 feet
Side yards 7 feet from the adjacent lot, or 20 feet on the side yard
abutting a public right of way
Maximum
building
coverage
45 percent
Buffer yard Refer to subsection 11-21-9.E.1 of this title
4. Sewer and water utility capacity consistent with the Comprehensive Plan is
sufficient and available to accommodate the preliminary plat, subject to review
and approval of the City Engineer.
5. The preliminary plat shall have direct access via minor collector or local streets
to an arterial or major collector street as defined by the Comprehensive Plan.
Section 10. Section 11-57-17.B of the Zoning Ordinance (RST-2 District – Common Areas)
is hereby amended to read as follows:
B. A homeowners' association subject to review and approval of the City Council responsible
for all exterior building maintenance of two-family dwellings and common accessory
buildings or structures, approval of any exterior architectural modifications, landscaping,
snow clearing and regular maintenance of private driveways and other areas owned in
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common when there is more than one (1) individual property owner having interest
within the development.
Section 11. Section 11-57-19.C of the Zoning Ordinance (RST-2 District – Two-Family and
Detached Townhome Design and Construction Standards) is hereby amended to add the following
provision:
3. The area of an attached garage shall be measured by interior dimensions.
Section 12. 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 11-57-19.C, D, and I of this chapter by administrativeconditional use 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 13. Section 11-58-15 of the Zoning Ordinance (RM-1 District – Development
Density) is hereby amended to read as follows:
11-58-15: DEVELOPMENT DENSITY:
A. The maximum development density within an RM-1 district will be based on the net
buildable area for either a single-family detached townhome or a two-family dwelling, or
a condominium subdivision exclusive of public street rights of way, wetlands, 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 RM-1 zoning 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:
1. Detached townhouses, two-family dwellings, and townhomestownhouse
dwellings: Five thousand (5,000) square feet per unit.
Section 14. Section 11-58-19.B of the Zoning Ordinance (RM-1 District – Common Areas)
is hereby amended to read as follows:
B. A homeowners' association subject to review and approval of the City Council responsible
for all exterior building maintenance of two-family dwellings, townhouse dwellings, and
common accessory buildings or structures, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance of private driveways
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and other areas owned in common when there is more than one (1) individual property
owner having interest within the development.
Section 15. Section 11-58-21.C of the Zoning Ordinance (RM-1 District – Design and
Construction Standards) is hereby amended to add the following provision:
3. The area of an attached garage shall be measured by interior dimensions.
Section 16. Section 11-58-27 of the Zoning Ordinance (RM-1 District – Affordable
Housing) is hereby amended to read as follows:
11-58-23: 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-
58-21.C, D, and I of this chapter by administrativeconditional use 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 17. Section 11-59-15 of the Zoning Ordinance (RM-2 District – Development
Density) is hereby amended to read as follows:
11-59-15: DEVELOPMENT DENSITY:
A. The maximum development density within an RST-2 district will be based on the net
buildable area for either a single-family detached townhome or a two-family dwelling, or
a condominium subdivision exclusive of public street rights of way, wetlands, 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 RM-2 zoning 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:
1. Detached townhouse, two-family dwellings, and townhomestownhome
dwellings: Five thousand (5,000) square feet per unit.
Section 18. Section 11-59-19.B of the Zoning Ordinance (RM-2 District – Common Areas)
is hereby amended to read as follows:
B. A homeowners' association subject to review and approval of the City Council responsible
for all exterior building maintenance of two-family dwellings, townhouse dwellings, and
common accessory buildings or structures, 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.
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Section 19. Section 11-59-21.C of the Zoning Ordinance (RM-2 District – Design and
Construction Standards) is hereby amended to add the following provision:
3. The area of an attached garage shall be measured by interior dimensions.
Section 20. Section 11-59-27 of the Zoning Ordinance (RM-2 District – Affordable
Housing) is hereby amended to read as follows:
11-59-23: 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-
59-21.C, D, and I of this chapter by administrativeconditional use 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 21. Section 11-60-15 of the Zoning Ordinance (RM-3 District – Development
Density) is hereby amended to read as follows:
11-60-15: DEVELOPMENT DENSITY:
A. The maximum development density within an RST-2 district will be based on the net
buildable area for either a single-family detached townhome or a two-family dwelling, or
a condominium subdivision exclusive of public street rights of way, wetlands, 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 RM-3 zoning 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:
1. Detached townhouse, two-family dwellings, and townhomestownhome
dwellings: Three thousand eight hundred (3,800) square feet per unit.
Section 22. Section 11-60-19.B of the Zoning Ordinance (RM-3 District – Common Areas)
is hereby amended to read as follows:
B. A homeowners' association subject to review and approval of the City Council responsible
for all exterior building maintenance of two-family dwellings, townhouse dwellings, and
common accessory buildings or structures, 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 23. Section 11-60-21.B.3 of the Zoning Ordinance (RM-3 District – Design and
Construction Standards) is hereby amended to read as follows:
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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. 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.
b. 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.
a. 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.
b. 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.
c. Except for brick, stucco, and/or natural or artificial stone, no single
elevation shall have more than seventy five percent (75%) of one (1) type
of exterior finish.
d. 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.
e. For the purpose of this section:
(1) The area of the elevation shall not include area devoted to
windows, entrance doors, garage doors, or roof areas.
(2) Variations in texture or style (i.e., lap siding versus shake shingle
siding) shall be considered as different materials meeting the
requirements of this section.
(3) Integral colored split face (rock face) concrete block, engineered
wood siding, or cement fiberboard shall qualify for meeting the
brick, stucco and/or natural or artificial stone exterior material
requirements for any elevation of a building that is not its front
defined by the primary exterior entrance.
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Section 24. Section 11-60-25 of the Zoning Ordinance (RM-3 District – Affordable
Housing) is hereby amended to read as follows:
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-
60-19.B, C, and I of this chapter by administrativeconditional use 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 25. Section 11-61-13 of the Zoning Ordinance (RH-1 District – Development
Density) is hereby amended to read as follows:
11-61-13: DEVELOPMENT DENSITY:
A. The maximum development density within an RST-2 district will be based on the net
buildable area for either a single-family detached townhome or a two-family dwelling, or
a condominium subdivision exclusive of public street rights of way, wetlands, 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-1 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
1. Two-family dwellings and townhomesTownhome dwellings: Five thousand
(5,000) square feet per unit.
2. Multiple-family dwellings: Two thousand five hundred (2,500) square feet per
unit.
3. Senior assisted living or continuing care retirement communities: One thousand
five hundred (1,500) square feet per unit.
Section 26. Section 11-61-17.B of the Zoning Ordinance (RH-2 District – Common Areas)
is hereby amended to read as follows:
B. Homeowners' Association: A homeowners' association shall be established for all two-
family, townhome and multiple-family developments within the RH-1 district, subject to
review and approval of the city attorney, and shall be responsible for all exterior building
maintenance, approval of any exterior architectural modifications, landscaping, snow
clearing and regular maintenance of private driveways and other areas owned in common
when there is more than one individual property owner having interest within the
development.
10
Section 27. 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-
58-21.C, D, K, and L where required by subsection 11-61-19.A of this chapter by
administrativeconditional use 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 28. Section 11-62-13 of the Zoning Ordinance (RH-2 District – Development
Density) is hereby amended to read as follows:
11-62-13: DEVELOPMENT DENSITY:
A. The maximum development density within an RST-2 district will be based on the net
buildable area for either a single-family detached townhome or a two-family dwelling, or
a condominium subdivision exclusive of public street rights of way, wetlands, 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-2 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:
1. townhomesTownhome dwellings: 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 29. Section 11-62-17.B of the Zoning Ordinance (RH-2 District – Common Areas)
is hereby amended to read as follows:
B. A homeowners' association subject to review and approval of the City Council responsible
for all exterior building maintenance of two-family dwellings, townhouse dwellings, and
common accessory buildings or structures, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance of private driveways
11
and other areas owned in common when there is more than one (1) individual property
owner having interest within the development.
Section 30. Section 11-62-25 of the Zoning Ordinance (RH-2 District – Affordable
Housing) is hereby amended to read as follows:
11-62-25: 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-
58-21.C, D, K, and L where required by subsection 11-6162-19.A of this chapter by
administrativeconditional use 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 31. Section 11-65-7.N.1 of the Zoning Ordinance (M-1 District – Conditional Uses)
is hereby amended to read as follows:
1. Development density:
a. The maximum development density within a M-1 district will be based on
the net buildable area for either a single-family detached townhome or a
two-family dwelling, or a condominium subdivision exclusive of public
street rights of way, wetlands, 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 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:
(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 (1,000) square feet per unit.
Section 32. Section 11-65-7 of the Zoning Ordinance (M-1 District – Conditional Uses) is
hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
12
U. Townhome dwellings, provided that:
1. Development density:
a. The maximum development density within a M-1 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 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:
(1) Townhome dwellings: One thousand six hundred seventy five
(1,675) square feet per unit.
2. Common Areas: The following minimum requirements shall be observed
governing common areas:
a. Ownership: All common areas within a 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) 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. A homeowners' association subject to review and approval of the City
Council responsible for exterior building maintenance of two-family
dwellings, townhouse dwellings, and common accessory buildings or
structures, 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.
3. 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:
13
(1) Subdivision Requests: Building elevations and floor plans shall be
furnished with subdivision requests illustrating exterior building
material and colors to demonstrate compliance with chapter
17 of this title. Building floor plans shall identify the interior
storage space within each unit.
(2) Decks Or Porches: Provision shall be made for possible decks,
porches or additions as part of the initial dwelling unit building
plans. The unit lot shall be configured and sized to include decks
or porches.
c. 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:
(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 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.
(3) 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.
(4) 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.
(5) For the purpose of this section:
(A) The area of the elevation shall not include area devoted
to 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) Integral colored split face (rock face) concrete block, shall
qualify for meeting the brick, stucco and/or natural or
artificial stone exterior material requirements for any
14
elevation of a building that is not its front defined by the
primary exterior entrance.
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.
f. Utilities:
(1) Underground Or Exterior Service: All utilities, 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 (1) unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the property owners' association or owners.
g. Streets: All streets shall be public and shall comply with the design
standards and specifications as governed by title 10 of this code, except
that the required right of way width may be reduced to fifty feet (50') and
the required street width reduced to twenty eight feet (28') (back of curb
to back of curb) by conditional use permit.
h. Drives:
(1) 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.
15
(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.
i. Landscaping/Screening/Lighting: A detailed landscaping and lighting plan
shall be provided and implemented pursuant to section 11-16-
17 and chapter 21 of this title. Said landscaping and screening shall
address the following:
(1) All open areas of the development project which are not used or
improved for required parking areas, drives or storage shall be
landscaped with a combination of overstory trees, understory
trees, shrubs, flowers and ground cover materials. The plan for
landscaping shall include ground cover, bushes, shrubbery, trees,
sculpture, fountains, decorative walks or other similar site design
features or materials in a quantity having a minimum value in
conformance with the following table:
Project Value Including Building
Construction, Site Preparation,
And Site Improvements
Minimum Landscape Value
Below $1,000,000.00 2 percent
$1,000,001.00 - $2,000,000.00 $20,000.00 plus 1 percent of project value in
excess of $1,000,000.00
$2,000,001.00 - $3,000,000.00 $30,000.00 plus 0.75 percent of project value
in excess of $2,000,000.00
$3,000,001.00 - $4,000,000.00 $37,500.00 plus 0.25 percent of project value
in excess of $3,000,000.00
Over $4,000,000.00 1 percent
(2) Landscaping at the boundary of the site adjoining another
property and the immediate perimeter of the principal structure.
(3) Screening of guest parking areas.
(4) All boulevards shall be sodded.
(5) Screening of designated outdoor storage areas.
(6) 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.
16
4. 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 three (3) stories or forty two feet (42') in height.
5. 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 11-65-7.U.3.c, 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 33. Section 11-66-7.K.1 of the Zoning Ordinance (M-2 District – Conditional Uses)
is hereby amended to read as follows:
1. Development density:
a. The maximum development density within a M-2 district will be based on
the net buildable area for either a single-family detached townhome or a
two-family dwelling, or a condominium subdivision exclusive of public
street rights of way, wetlands, 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 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:
(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 (1,000) square feet per unit.
Section 34. Section 11-71-11.E of the Zoning Ordinance (C-1 District – Uses by
Administrative Permit) is hereby repealed in its entirely and amended to read as follows:
E. 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 towards the general public and includes grand
openings, warehouse sales, sidewalk sales, inventory reduction or
17
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 towards 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.
18
3. General Standards:
a. The event shall be clearly accessory to or promoting the permitted or
conditional use approved for the site. Only merchandise which is
normally manufactured, sold, or stocked by the occupant on the subject
premises, except Christmas trees and plant sales, shall be sold and/or
promoted.
b. Tents, stands, and other similar temporary structures may be utilized,
provided they are clearly identified on the submitted plan and provided
that it is determined by the zoning administrator that they will not impair
the parking capacity, emergency access, or the safe and efficient
movement of pedestrian and vehicular traffic on or off the site.
c. The submitted plan shall clearly demonstrate that adequate off street
parking for the proposed event can and will be provided for the duration
of the event. Determination of compliance with this requirement shall be
made by the zoning administrator who shall consider the nature of the
event and the applicable parking requirements of chapter 19 of this title.
Consideration shall be given to the parking needs and requirements of
other occupants in the case of multiple-tenant buildings. Parking on
public right of way and streets is prohibited; except that parking on local
streets may be allowed on Saturday and Sunday only, provided that the
petitioner arranges for traffic control by authorized enforcement officers,
as approved in writing by the chief of police, at the petitioner's expense.
d. Signage related to the event shall be in compliance with the temporary
sign standards of chapter 23 of this title and shall be allowed for the
duration of the event. Special signage for purposes of traffic direction and
control may be authorized by the zoning administrator; the erection and
removal of such signage shall be the responsibility of the applicant.
e. The approved permit shall be displayed on the premises for the duration
of the event.
E. Temporary outdoor sales, not including mobile food units, provided that:
1. The sales are directed towards the general public and includes grand openings,
warehouse sales, sidewalk sales, inventory reduction or liquidation sales,
distressed merchandise sales, and seasonal merchandise sales such as cut
evergreen trees, boughs, wreaths and other natural holiday decorations and
related products, sales of produce, other licensed transient sales, and displays of
materials that are typically not sold or serviced on the site.
2. The maximum total time for temporary outdoor sales shall be the period specified
in the administrative permit and, in no case, shall exceed ninety (90) days per
calendar year per property.
19
3. Temporary outdoor sales 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 with a minimum setback of ten feet (10’) required
from property lines.
4. Hours of operation for the temporary outdoor sales shall be limited to 7:00A.M.
to 10:00P.M. each day.
5. Tents, stands, and other similar temporary structures may be utilized, provided
they are clearly identified on a site plan.
6. A site plan shall be submitted that demonstrates that adequate off-street parking
as required by chapter 19 of this title will be provided for the duration of the
temporary outdoor stales and it is determined by the zoning administrator that
the activity will not impair the parking capacity, emergency access, or the safe
and efficient movement of pedestrian and vehicular traffic on or off the site.
7. Signage related to the temporary outdoor sales shall comply with chapter 23 of
this title and shall be allowed only for the duration of the event.
8. The approved permit shall be displayed on the premises for the duration of the
temporary outdoor stales.
Section 35. Section 11-72-11.D of the Zoning Ordinance (C-2 District – Uses by
Administrative Permit) is hereby repealed in its entirely and amended to read as follows:
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 towards 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.
20
(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 towards the general public and consists of the
sales of cut evergreen trees, boughs, wreaths and other natural holiday
decorations and related products, sales of produce or other licensed
transient sales and displays of materials that are typically not sold or
serviced on the site.
b. The following specific standards shall apply to all proposed outdoor
events and sales allowed by this subsection and by city code business
licensing provisions in addition to other applicable building and safety
code requirements as determined by the zoning administrator:
(1) The maximum total time for sales activities shall be the period
specified in the administrative permit and, in no case, shall
exceed ninety (90) days per calendar year per property.
(2) There shall be no more than one sales activity per year per
property, which shall be in addition to any promotional events or
other outdoor sales permitted on the property.
(3) Sales activities may be conducted within a required yard
provided the area is paved and the activity does not interfere
with seasonal parking demand, traffic, circulation or emergency
vehicle access. Sales on unpaved landscaped areas are
prohibited.
3. General Standards:
a. The event shall be clearly accessory to or promoting the permitted or
conditional use approved for the site. Only merchandise which is
normally manufactured, sold, or stocked by the occupant on the subject
premises, except Christmas trees and plant sales, shall be sold and/or
promoted.
b. Tents, stands, and other similar temporary structures may be utilized,
provided they are clearly identified on the submitted plan and provided
that it is determined by the zoning administrator that they will not impair
the parking capacity, emergency access, or the safe and efficient
movement of pedestrian and vehicular traffic on or off the site.
21
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.
D. Temporary outdoor sales, not including mobile food units, provided that:
1. The sales are directed towards the general public and includes grand openings,
warehouse sales, sidewalk sales, inventory reduction or liquidation sales,
distressed merchandise sales, and seasonal merchandise sales such as cut
evergreen trees, boughs, wreaths and other natural holiday decorations and
related products, sales of produce, other licensed transient sales, and displays of
materials that are typically not sold or serviced on the site.
2. The maximum total time for temporary outdoor sales shall be the period specified
in the administrative permit and, in no case, shall exceed ninety (90) days per
calendar year per property.
3. Temporary outdoor sales 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 with a minimum setback of ten feet (10’) required
from property lines.
4. Hours of operation for the temporary outdoor sales shall be limited to 7:00A.M.
to 10:00P.M. each day.
5. Tents, stands, and other similar temporary structures may be utilized, provided
they are clearly identified on a site plan.
6. A site plan shall be submitted that demonstrates that adequate off-street parking
as required by chapter 19 of this title will be provided for the duration of the
22
temporary outdoor stales and it is determined by the zoning administrator that
the activity will not impair the parking capacity, emergency access, or the safe
and efficient movement of pedestrian and vehicular traffic on or off the site.
7. Signage related to the temporary outdoor sales shall comply with chapter 23 of
this title and shall be allowed only for the duration of the event.
8. The approved permit shall be displayed on the premises for the duration of the
temporary outdoor stales.
Section 36. Section 11-73-11.D of the Zoning Ordinance (C-3 District – Uses by
Administrative Permit) is hereby repealed in its entirely and amended to read as follows:
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 towards 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 towards 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.
23
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
24
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.
D. Temporary outdoor sales, not including mobile food units, provided that:
1. The sales are directed towards the general public and includes grand openings,
warehouse sales, sidewalk sales, inventory reduction or liquidation sales,
distressed merchandise sales, and seasonal merchandise sales such as cut
evergreen trees, boughs, wreaths and other natural holiday decorations and
related products, sales of produce, other licensed transient sales, and displays of
materials that are typically not sold or serviced on the site.
2. The maximum total time for temporary outdoor sales shall be the period specified
in the administrative permit and, in no case, shall exceed ninety (90) days per
calendar year per property.
3. Temporary outdoor sales 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 with a minimum setback of ten feet (10’) required
from property lines.
4. Hours of operation for the temporary outdoor sales shall be limited to 7:00A.M.
to 10:00P.M. each day.
5. Tents, stands, and other similar temporary structures may be utilized, provided
they are clearly identified on a site plan.
6. A site plan shall be submitted that demonstrates that adequate off-street parking
as required by chapter 19 of this title will be provided for the duration of the
temporary outdoor stales and it is determined by the zoning administrator that
the activity will not impair the parking capacity, emergency access, or the safe
and efficient movement of pedestrian and vehicular traffic on or off the site.
7. Signage related to the temporary outdoor sales shall comply with chapter 23 of
this title and shall be allowed only for the duration of the event.
8. The approved permit shall be displayed on the premises for the duration of the
temporary outdoor stales.
Section 37. Section 11-74-11.E of the Zoning Ordinance (C-CBD District – Uses by
Administrative Permit) is hereby repealed in its entirely and amended to read as follows:
E. Temporary, outdoor promotional events and sales provided that:
25
1. Outdoor Sales (Except Promotional Events, Christmas Trees And Transient
Merchant Sales):
a. Such activity is directed towards 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 towards 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.
26
(3) Sales activities may be conducted within a required yard
provided the area is paved and the activity does not interfere
with seasonal parking demand, traffic, circulation or emergency
vehicle access. Sales on unpaved landscaped areas are
prohibited.
3. General Standards:
a. The event shall be clearly accessory to or promoting the permitted or
conditional use approved for the site. Only merchandise which is
normally manufactured, sold, or stocked by the occupant on the subject
premises, except Christmas trees and plant sales, shall be sold and/or
promoted.
b. Tents, stands, and other similar temporary structures may be utilized,
provided they are clearly identified on the submitted plan and provided
that it is determined by the zoning administrator that they will not impair
the parking capacity, emergency access, or the safe and efficient
movement of pedestrian and vehicular traffic on or off the site.
c. The submitted plan shall clearly demonstrate that adequate off street
parking for the proposed event can and will be provided for the duration
of the event. Determination of compliance with this requirement shall be
made by the zoning administrator who shall consider the nature of the
event and the applicable parking requirements of chapter 19 of this title.
Consideration shall be given to the parking needs and requirements of
other occupants in the case of multiple-tenant buildings. Parking on
public right of way and streets is prohibited; except that parking on local
streets may be allowed on Saturday and Sunday only, provided that the
petitioner arranges for traffic control by authorized enforcement officers,
as approved in writing by the chief of police, at the petitioner's expense.
d. Signage related to the event shall be in compliance with the temporary
sign standards of chapter 23 of this title and shall be allowed for the
duration of the event. Special signage for purposes of traffic direction and
control may be authorized by the zoning administrator; the erection and
removal of such signage shall be the responsibility of the applicant.
e. The approved permit shall be displayed on the premises for the duration
of the event.
E. Temporary outdoor sales, not including mobile food units, provided that:
1. The sales are directed towards the general public and includes grand openings,
warehouse sales, sidewalk sales, inventory reduction or liquidation sales,
distressed merchandise sales, and seasonal merchandise sales such as cut
evergreen trees, boughs, wreaths and other natural holiday decorations and
27
related products, sales of produce, other licensed transient sales, and displays of
materials that are typically not sold or serviced on the site.
2. The maximum total time for temporary outdoor sales shall be the period specified
in the administrative permit and, in no case, shall exceed ninety (90) days per
calendar year per property.
3. Temporary outdoor sales 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 with a minimum setback of ten feet (10’) required
from property lines.
4. Hours of operation for the temporary outdoor sales shall be limited to 7:00A.M.
to 10:00P.M. each day.
5. Tents, stands, and other similar temporary structures may be utilized, provided
they are clearly identified on a site plan.
6. A site plan shall be submitted that demonstrates that adequate off-street parking
as required by chapter 19 of this title will be provided for the duration of the
temporary outdoor stales and it is determined by the zoning administrator that
the activity will not impair the parking capacity, emergency access, or the safe
and efficient movement of pedestrian and vehicular traffic on or off the site.
7. Signage related to the temporary outdoor sales shall comply with chapter 23 of
this title and shall be allowed only for the duration of the event.
8. The approved permit shall be displayed on the premises for the duration of the
temporary outdoor stales.
Section 38. Section 11-75-11.C of the Zoning Ordinance (O-P District – Uses by
Administrative Permit) is hereby repealed in its entirely and amended to read as follows:
C. 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 towards 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:
28
(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 towards 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.
29
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.
C. Temporary outdoor sales, not including mobile food units, provided that:
1. The sales are directed towards the general public and includes grand openings,
warehouse sales, sidewalk sales, inventory reduction or liquidation sales,
distressed merchandise sales, and seasonal merchandise sales such as cut
evergreen trees, boughs, wreaths and other natural holiday decorations and
related products, sales of produce, other licensed transient sales, and displays of
materials that are typically not sold or serviced on the site.
2. The maximum total time for temporary outdoor sales shall be the period specified
in the administrative permit and, in no case, shall exceed ninety (90) days per
calendar year per property.
3. Temporary outdoor sales 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 with a minimum setback of ten feet (10’) required
from property lines.
4. Hours of operation for the temporary outdoor sales shall be limited to 7:00A.M.
to 10:00P.M. each day.
30
5. Tents, stands, and other similar temporary structures may be utilized, provided
they are clearly identified on a site plan.
6. A site plan shall be submitted that demonstrates that adequate off-street parking
as required by chapter 19 of this title will be provided for the duration of the
temporary outdoor stales and it is determined by the zoning administrator that
the activity will not impair the parking capacity, emergency access, or the safe
and efficient movement of pedestrian and vehicular traffic on or off the site.
7. Signage related to the temporary outdoor sales shall comply with chapter 23 of
this title and shall be allowed only for the duration of the event.
8. The approved permit shall be displayed on the premises for the duration of the
temporary outdoor stales.
Section 39. Section 11-75-5.F of the Zoning Ordinance (O-P District – Permitted
Accessory Uses) is hereby amended to read as follows:
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.
Section 40. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this ____ day of ________, 2021, by the City Council of the City of Lakeville,
Minnesota.
CITY OF LAKEVILLE
BY:_________________________________
Douglas P. Anderson, Mayor
ATTEST:__________________________________
Charlene Friedges, City Clerk