HomeMy WebLinkAbout1052ORDINANCE NO. 1052
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 to 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 the several floors of 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 CARE FACILITY, STATE LICENSED: Any residential care program, defined by
Minnesota Statutes section 245A.02 and licensed by the State of Minnesota.
RESIDENTIAL SHELTER: Afacility providing short term housing, food, and protection for individuals
for purposes such as chemical dependency tFeatment and domestic abuse, 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.
Section 3. Section 11-17-13 of the Zoning Ordinance (Minimum Floor Area Per Dwelling
Unit) is hereby amended to add the following provision:
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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 a conditional 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 4. Section 11-19-13 of the Zoning Ordinance (Off -Street Parking — Number of
Stalls Required) is hereby amended to read as follows:
Section S. 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 safeguard to prevent children from gaining
uncontrolled access. This can be accomplished with fencing or the walls of a
principal or accessory structure of sufficient density as to be impenetrable. The
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
physical barrier must be completely in place and inspected and approved by the
city building official.
Section 6. Section 11-23-15.0.2 of the Zoning Ordinance (Signs — General Provisions) is
hereby repealed in its entirety and amended to read as follows:
2. Wall signs:
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.
Residential care facility
2 spaces per unit for uses serving 6 or fewer
persons in a residential district.
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 S. 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 safeguard to prevent children from gaining
uncontrolled access. This can be accomplished with fencing or the walls of a
principal or accessory structure of sufficient density as to be impenetrable. The
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
physical barrier must be completely in place and inspected and approved by the
city building official.
Section 6. Section 11-23-15.0.2 of the Zoning Ordinance (Signs — General Provisions) is
hereby repealed in its entirety and amended to read as follows:
2. Wall signs:
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.
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 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 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 thousi"d five "u^'�"^�'
(:7,500)Five thousand (5,000) 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 11-57-17.6 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 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 11-57-19.0 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 conditional use permit, provided guarantees
satisfactory to the city are in place to ensure that "for sale" housing will meet the affordable
housing requirement for initial sales and "for rent" housing will meet the affordable housing
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 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 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 townhouse dwellings: Five
thousand (5,000) square feet per unit.
Section 14. Section 11-58-19.6 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 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 15. Section 11-58-21.0 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 conditional use permit, provided guarantees satisfactory to
the city are in place to ensure that "for sale" housing will meet the affordable housing
requirement for initial sales and "for rent" housing will meet the affordable housing 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 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 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 townhome dwellings: Five
thousand (5,000) square feet per unit.
Section 18. Section 11-59-19.6 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 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 19. Section 11-59-21.0 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.
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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 conditional use permit, provided guarantees satisfactory to
the city are in place to ensure that "for sale" housing will meet the affordable housing
requirement for initial sales and "for rent" housing will meet the affordable housing 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 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 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 townhome 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 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 11-60-21.6.3 of the Zoning Ordinance (RM -3 District — Design and
Construction Standards) is hereby amended to read as follows:
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
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of the structure to create an architecturally balanced appearance to comply with
the following requirements:
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.
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-
60-19.6, C, and I of this chapter by conditional use permit, provided guarantees satisfactory to the
city are in place to ensure that "for sale" housing will meet the affordable housing requirement
for initial sales and "for rent" housing will meet the affordable housing 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:
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11-61-13: DEVELOPMENT DENSITY:
A. The maximum development density within an RST -2 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-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. Townhome 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 11-61-17.13 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 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.
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 conditional use
permit, provided guarantees satisfactory to the city are in place to ensure that "for sale" housing
will meet the affordable housing requirement for initial sales and "for rent" housing will meet the
affordable housing 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:
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A. The maximum development density within an RST -2 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-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. Townhome 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 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 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 11-62-19.A of this chapter by conditional use
permit, provided guarantees satisfactory to the city are in place to ensure that "for sale" housing
will meet the affordable housing requirement for initial sales and "for rent" housing will meet the
affordable housing 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:
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a. The maximum development density within a M-1 district as defined by
affordable housing affordable housing 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:
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.
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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
5158.
(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:
(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:
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(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
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
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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 forthe
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.
L 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:
14
Project Value Including Building
Minimum Landscape Value
Construction, Site Preparation,
And Site Improvements
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.
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.
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 affordable housing requirement for initial sales and "for
rent" housing will meet the affordable housing 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:
Development density:
The maximum development density within a M-2 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
15
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 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:OOA.M.
to 10:OOP.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.
16
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 3S. Section 11-72-11.13 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 sales, not including mobile food units, provided that:
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.
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.
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:OOA.M.
to 10:OOP.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.
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.
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 sales, not including mobile food units, provided that:
17
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.
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:OOA.M.
to 10:OOP.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:
Temporary outdoor sales, not including mobile food units, provided that:
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.
18
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:OOA.M.
to 10:OOP.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 11-75-11.0 of the Zoning Ordinance (0-P District — Uses by
Administrative Permit) is hereby repealed in its entirely and amended to read as follows:
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.
19
4. Hours of operation for the temporary outdoor sales shall be limited to 7:OOA.M.
to 10:OOP.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 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.
Section 40. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this 7th day of September 2021 by the City Council of the City of Lakeville,
Minnesota.
CITY OF LAKEVILLE
BY:
Douglas rAnderson, Mayor
ATTEST:6
4A4,c�4wz . il-
Charlene Friedges, Cit erk
20
SUMMARY ORDINANCE NO. 1052
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 11 (THE ZONING ORDINANCE)
OF THE LAKEVILLE CITY CODE
This ordinance amends Title 11 of the Lakeville City Code. Amendments have been
made to the following chapters of the Lakeville City Code:
Title 11 (Zoning)
Chapter 2-3 (Definitions)
Chapter 17-13 (Minimum Floor Area Per Dwelling Unit)
Chapter 19-13 (Off -Street Parking)
Chapter 21-5 (Fences)
Chapter 23-15 (Signs)
Chapter 33-5 (Specialized Housing)
Chapter 57 (RST -2 District)
Chapter 58 (RM -1 District)
Chapter 59 (RM -2 District)
Chapter 60 (RM -3 District)
Chapter 61 (RH-I District)
Chapter 62 (RH-2 District)
Chapter 65 (M-1 District)
Chapter 66 (M-2 District)
Chapter 71 (C-1 District)
Chapter 72 (C-2 District
Chapter 73 (C-3 District)
Chapter 74 (C -CBD District)
Chapter 75 (O -P District)
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 7t1i
day of September 2021.
CITY OF LAKEVILLE
ATTEST:
Charlene Friedges, City Cler
EAST CENTRAL MINNESOTA
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Customer:
CITY OF LAKEVILLE
Address:
20195 HOLYOKE AVE
09/17/2021
LAKEVILLE
Telephone:
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Ad ID:
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CITY OF LAKEVILLE
DAKOTA COUNTY,
MINNESOTA
SUMMARY
ORDINANCE NO. 1052
AN ORDINANCE AMENDING
TITLE 11 (THE ZONING
ORDINANCE) OF THE
LAKEVILLE CITY CODE
This ordinance amends Title 11
of the Lakeville City Code. Amend-
ments have been made to the fol-
lowing chapters of the Lakeville
City Code:
Title 11(Zoning)
Chapter 2-3 (Definitions)
Chapter 17-13 (Minimum Floor
Area Per Dwelling Unit)
Chapter 19-13 (Off -Street Parking)
Chapter 21-5 (Fences)
Chapter 23-15 (Signs)
Chapter 33-5 (Specialized Housing)
Chapter 57 (RST -2 District)
Chapter 58 (RM -1 District)
Chapter 59 (RM -2 District)
Chapter 60 (RM -3 District)
Chapter 61 (RH-1 District)
Chapter 62 (RH-2 District)
Chapter 65 (M-1 District)
Chapter 66 (M-2 District)
Chapter 71 (C-1 District)
Chapter 72 (C-2 District
Chapter 73 (C-3 District)
Chapter 74 (C -CBD District)
Chapter 75 (O -P District)
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 the City of Lakeville,
Minnesota, this 7th day of Septem-
ber 2021.
CITY OF LAKEVILLE
BY: Douglas P. Anderson, Mayor
ATTEST:
Charlene Friedges, City Clerk
Published in the
Sun ThisWeek
September 17, 2021
1166988