HomeMy WebLinkAboutItem 05 City of LakevilleCity of Lakeville
Planning Department
M e morandum
To: Planning Commission
From: Kris Jenson, Associate Planner
Date: May 11, 2023
Subject: Packet Material for the May 18, 2023 Planning Commission Meeting
Agenda Item: Public Hearing for Amendments to Titles 10 and 11 of the Lakeville City
Code
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 work sessions on January 19 and April 6 of this year to discuss topics compiled
by City staff during the prior year to provide direction as to possible amendments.
EXHIBIT
A. Draft ordinance
A NALYSIS
Permanent Cul-De-Sac/Streets. Section 10-4-3.S of the Subdivision Ordinance establishes the
design standards for permanent cul-de-sacs. The proposed change is a minor amendment to
delete repetitive language about the maximum length of cul-de-sacs.
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Conditional Use Permit Amendments. Section 11-14-11.B of the Zoning Ordinance addresses
amendments to conditional use permits. City staff proposed allowing minor additions to the
floor area of a principal use to be processed administratively rather than requiring a public
hearing and City Council approval, provided there aren’t changes in the hours of operation or an
increase in the intensity of the use.
11-4-11.B. The permit modification shall not result in an increase of the floor area
of the principal use by more than twenty (20) percent, include any change in
hours of operation, traffic, employees, or number of dwelling units, expand any
principal building or otherwise increase the intensity of the use of the site as
determined by the Zoning Administrator for noise, traffic, employees, or other
relevant factors.
Residential Driveway Street Access. Planning Department staff has received requests for
secondary driveway access primarily on large single family residential properties (lots that exceed
the minimum lot size and lot frontage at a street). Consistent with the discussion at the April 6
work session, the ordinance is proposed to be amended as follows:
11-19-7.I.11. Number Allowed:
a. Each property shall be allowed on curb cut access for each one
hundred twenty-five feet (125”) of street frontage unless an
administrative permit is approved by the Zoning Administrator. All
property shall be entitled to at least one (1) curb cut access.
b. Single-family uses shall be limited to one (1) curb cut access per
property unless an administrative permit is approved by the zoning
Administrator. Administrative permits for additional curb cuts shall
be, subject to the following criteria:
a. The additional access is necessary to provide adequate on-site
circulation.
b. The additional access shall create a minimum of conflict with
through traffic movement and shall comply with the
requirements of this chapter.
(1) The property shall have a minimum width of one hundred
twenty-five feet (125’).
(2) No access shall be allowed to a collector or arterial street as
designated by the transportation plan where this is at least
one (1) other existing access to the property.
c. All other uses shall be allowed one curb cut access for each one
hundred twenty-five feet (125’) of street frontage.
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Subdivision Monument Signs. Section 11-23-15.X.1 currently allows subdivisions to have one
(1) identification sign for each entrance from a collector or arterial street. The proposed change
would permit a subdivision identification sign at each corner of an intersection with a collector
or arterial street.
11-23-15.X.1. Permanent Signs: For a subdivision having not less than three (3)
lots or principal buildings, Oone (1) sign shall be allowed for a subdivision having
not less than three (3) lots or principal buildings at its entrance each corner of an
intersection within the plat abutting a collector or arterial street defined by the
Lakeville transportation plan, provided that:
a. The area of the face of each sign shall not exceed 100 square feet.
b. Freestanding signs shall be limited to a maximum height of:
(1) Ten feet (10’) for residential uses.
(2) Twenty feet (20’) for commercial, industrial, and institutional uses.
Residential Solar Panels. Section 11-29-5.B.2 provides regulations for solar energy systems.
Solar panels are encouraged to be located on the roof of the house, yet ground mounted solar
panels are allowed. The current ordinance limits ground mounted solar energy systems to a
maximum of 120 square feet. Staff surveyed other metro area cities similar to Lakeville and found
that ground mounted panels are administered by rules similar or the same as accessory buildings
in terms of size, setbacks, and height, and impervious surface area where that restriction applies.
The proposed ordinance would permit ground mounted solar energy systems to be regulated as
an accessory structure in accordance with section 11-18-7 or 11-18-9 as to the number allowed,
setbacks, building coverage, and height.
Bed and Breakfast Establishments and Boarding Houses. The RA, Rural/Agricultural District
and the RS-CBD, Single Family Residential Central Business District both allow bed and
breakfast establishments and boarding houses as conditional uses. Staff recommends changing
these from a conditional use to an interim use permit, so the permission for the bed and
breakfast or boarding house use runs with the owner of the use rather than with the property
itself.
Development Density. The medium density and multiple family residential districts as well as
the mixed-use districts include language regarding the maximum development density, which is
taken from Lakeville’s 2040 Comprehensive Land Use Plan. These districts each include specific
language regarding lot size standards and the development density language isn’t needed. The
language is proposed to be deleted from the following sections:
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11-59-15: RM-2, Medium Density Residential District
11-60-15: RM-3, Medium Density Residential District
11-61-13: RH-1, Multiple Family Residential District
11-62-13: RH-2, Multiple Family Residential District
11-65-7: M-1, Mixed Use I-35 Corridor District
11-66-7: M-2, Mixed Use Cedar Corridor District
Building Height. Feedback from developers about changes in construction standards and
inconsistencies between districts prompted staff to survey other metro community’s building
height standards. The building heights proposed to be changed are listed in the table below:
District Stories Existing
Height
Proposed
Height
RH-2 4 45' 48'
I-1 4 45' 50'
I-2 4 45' 50'
The 48-foot height within the RH-2 district allows for 12 feet per floor, which appears to be a
typical height in current multi-family building construction. The I-1 and I-2 districts are
proposed to be increased slightly to 50 feet, as most new industrial construction is designed to
accommodate the higher ceilings for equipment and warehousing. The hope is that the increased
building height will nearly eliminate the requests for conditional use permits for additional
building height.
Multi-family Dwelling Structure Exterior Materials. Within the M-1 and M-2 districts,
language has been added regarding the exterior materials for stand-alone multiple family
dwelling structures such that the exterior material requirements are more consistent with the
exterior material standards of the RH-1 and RH-2 districts. The current ordinance language
requires exterior materials to meet more stringent commercial material standards.
Fitness Centers in C-1 District. The C-1, Neighborhood Commercial District currently requires
a conditional use permit for fitness centers limited to 2,000 square feet. Based on discussion with
the Planning Commission, staff recommends that fitness centers limited to 2,000 square feet be
changed to a permitted use.
Convenience Restaurants. Conditional use permits are required for convenience restaurants in
commercial districts due to the issues associated with the drive-through aspect of the use.
Planning staff recommends allowing convenience restaurants without a drive-through as a
permitted use in the same districts where convenience restaurants with a drive-through are
already a conditional use. Should a convenience restaurant choose to add a drive-through in the
future, a conditional use permit would be required at that time.
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Drive Through Facilities. In the M-2 district, drive-through facilities are currently a conditional
use permit but the language is geared towards the drive-through requirements of convenience
restaurants. The proposed language change would add language for commercial uses other than
convenience restaurants that may desire to have a drive-through as part of their business. Section
11-74-7.I (C-CBD district) also has language regarding drive-throughs for uses other than
convenience restaurants that will be amended to match the language within the M-2 district.
Convenience restaurants without a drive-through would be a permitted use and convenience
restaurants with a drive-through would remain a conditional use in the M-2 district.
Daycare Facilities. Currently, daycare facilities as a principal use require a conditional use
permit in nearly all zoning districts. Chapter 31 of the Zoning Ordinance includes the general
provisions required for daycare facilities. Based on discussion from the April 6 work session, staff
recommends that in nearly all commercial zoning districts that daycare facilities as a principal
use be changed from a conditional to a permitted use, subject to Chapter 31 of the Zoning
Ordinance. In the OP, I-1, and I-2 districts, daycare facilities will continue to be allowed by
conditional use but only when they are accessory to an allowed principal use. There are no
changes proposed to daycare facilities within residential districts.
Connection of Principal Buildings Across a Property Line and Multiple Principal Buildings
on One Lot of Record. The Planning Commission discussed these two items at their April 6
work session. Each are a conditional use in many of the commercial and industrial zoning
districts. The recommendation is to change these from a conditional use to a use allowed by
administrative permit, which would allow staff to ensure that applicable agreements for shared
responsibilities and common area maintenance are recorded against the property.
Commercial Kennels for Dogs, Cats, and Other D omestic Animals. Staff recommends
eliminating commercial kennels as a conditional use in the O-P, Office Park District due to
incompatibilities with the purpose of the district. The use remains a conditional use in several
other commercial and industrial districts.
PUD District Amendments. Section 11-96-21.B of the Zoning Ordinance addresses
amendments to planned unit developments. Consistent with the change proposed to conditional
use permit amendments, the following language would allow minor amendments to planned unit
developments.
11-96-21.B. The plan amendment shall not result in an increase of the floor area
of the principal use by more than twenty (20) percent, include any change in
hours of operation, traffic, employees, or number of dwelling units, expand any
principal building or otherwise increase the intensity of the use of the site as
determined by the Zoning Administrator for noise, traffic, employees, or other
relevant factors.
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RECOMMENDATION
The Planning Commission will consider the proposed amendments of the Subdivision
Ordinance and Zoning Ordinance and Planning Staff recommends approval of the proposed
amendments as presented.
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ORDINANCE NO.________
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE AND ZONING ORDINANCE
OF THE LAKEVILLE CITY CODE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Section 10-4-3.S of the Subdivision Ordinance (Design Standards – Streets
and Alleys) is hereby amended to read as follows:
S. Permanent Cul-De-Sacs/Dead End Streets:
1. Permanent dead end streets without cul-de-sac turnarounds are prohibited.
2. Permanent cul-de-sacs shall be allowed only where one or more of the following
criteria have been met:
a. Area topography or other physical site conditions warrant a cul-de-sac.
b. A through street is not physically feasible or desirable due to environmental
or access spacing considerations.
3. The length of a permanent cul-de-sac street shall not be less than one hundred
fifty feet (150') nor longer than six hundred feet (600') and shall include a
turnaround which shall be provided at the closed end, with a right of way radius
not less than sixty feet (60'). The length of the cul-de-sac shall be measured from
the intersection of the centerlines of the cul-de-sac and the intersecting street to
the center point of the cul-de-sac right of way turnaround.
4. In areas determined by the city to be environmentally sensitive due to topography,
forestation and/or wetlands, deviations to the design standards outlined in
subsection S3 of this section may be allowed, provided that:
a. Such deviations are limited to the following:
(1) Right of way dedication, excluding turnaround area, may be
reduced from sixty feet (60') to no less than fifty feet (50').
(2) Street widths measured from back of curb to back of curb may be
reduced from thirty two feet (32') to no less than twenty eight feet
(28').
b. The following standards are met:
(1) All lots shall meet or exceed the minimum standards for the
applicable zoning district.
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(2) All houses shall have an attached accessory garage of three (3)
stalls with corresponding front driveway parking apron. The curb cut
opening on the street shall, however, meet established standards.
(3) The required drainage and utility easement in the front yard of lots
shall be not less than fifteen feet (15').
(4) All custom graded lots shall have a custom grading plan, tree
preservation plan, and preapproved site/building plan prior to the
issuance of building permits.
(5) The cul-de-sac length shall not exceed six hundred feet (600').
(65) Any reduction in front yard setbacks shall be processed according
to provisions of the zoning ordinance
Section 2. Section 11-4-11.B of the Zoning Ordinance (Conditional Use Permits;
Administration – Permit Modifications) is hereby amended to read as follows:
B. The permit modification shall not result in an increase of the floor area of the principal use
by more than twenty (20) percent, include any change in hours of operation, traffic,
employees, or number of dwelling units, expand any principal building or otherwise
increase the intensity of the use of the site as determined by the Zoning Administrator for
noise, traffic, employees, or other relevant factors.
Section 3. Section 11-19-7.I.11 of the Zoning Ordinance (Off-Street Parking
Requirements – General Provisions) is hereby amended to read as follows:
11. Number Allowed:
a. Each property shall be allowed one curb cut access for each one hundred
twenty five feet (125') of street frontage unless an administrative permit is
approved by the Zoning Administrator. All property shall be entitled to at
least one (1) curb cut access.
b. Single-family uses shall be limited to one (1) curb cut access per property
unless an administrative permit is approved by the Zoning Administrator.
Administrative permits for additional curb cuts shall be, subject to the
following criteria:
a. The additional access is necessary to provide adequate on site
circulation.
b. The additional access shall create a minimum of conflict with
through traffic movement and shall comply with the requirements of
this chapter.
(1) The property shall have a minimum of width of one hundred twenty
five feet (125’).
(2) No access shall be allowed to a collector or arterial street as
designated by the transportation plan where there is at least one (1)
other existing access to the property.
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c. All other uses shall be allowed one curb cut access for each one hundred
twenty five feet (125') of street frontage.
Section 4. Section 11-23-15.X.1 of the Zoning Ordinance (Signs – General Regulations)
is hereby amended to read as follows:
1. Permanent Signs: For a subdivision having not less than three (3) lots or principal
buildings, Oone (1) sign shall be allowed for a subdivision having not less than
three (3) lots or principal buildings at its entrance each corner of an intersection
within the plat abutting a collector or arterial street defined by the Lakeville
transportation plan, provided that:
a. The area of the face of each sign shall not exceed one hundred (100)
square feet.
b. Freestanding signs shall be limited to a maximum height of:
(1) Ten feet (10') for residential uses.
(2) Twenty feet (20') for commercial, industrial, and institutional uses.
Section 5. Section 11-23-19.F.1.b(3)(A)(ii) of the Zoning Ordinance (Signs – District
Regulations) is hereby amended to read as follows:
(ii) If a second sign is allowed for a single occupancy
building or individual tenant with a gross floor area
of forty five thousand (45,000) square feet or larger
by subsection GF1b(1) of this section, the area of
the second individual sign shall not exceed two
hundred (200) square feet.
Section 6. Section 11-29-5.B.2 of the Zoning Ordinance (Alternative Energy Systems –
Solar Energy Systems) is hereby amended to read as follows:
2. Maximum Area: Ground mounted solar energy systems shall be limited to a
maximum area of one hundred twenty (120) square feet.Accessory Structure:
Ground mounted solar energy systems shall be regulated as an accessory
structure in accordance with section 11-18-7 or 11-18-9 of this title, as applicable,
as to the number allowed, setbacks, building coverage, and height,
Section 7. Section 11-32-7.M.1.b of the Zoning Ordinance (Home Occupations – General
Provisions) is hereby amended to read as follows:
b. Instructional classes with not more than one pupil at a time. Additional
students receiving instruction at one time may be allowed for single-family
uses subject to approval of an interim use permit.
Section 8. Section 11-33-3 of the Zoning Ordinance (Specialized Housing – Bed and
Breakfast and Boarding Houses) is hereby amended to read as follows:
11-33-3: BED AND BREAKFAST ESTABLISHMENTS AND BOARDING HOUSES:
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A. District Application: Bed and breakfast establishments and boarding houses are allowed
within the RA, RAO, and RS-CBD zoning districts subject to the approval of a conditional
use permitan interim use permit.
B. Conditions Of Approval: In addition to general standards and criteria provided in chapter
45 of this title, a bed and breakfast establishment or boarding house may be allowed
provided that:
1. A maximum of four (4) registered guest and transient resident sleeping rooms may
be established in a structure.
2. The facility shall have a state license (hotel and food), and comply with building
and fire codes as may be required or applicable.
3. The facility shall be owner or manager occupied.
4. The principal structure shall have a minimum size of one thousand five hundred
(1,500) gross square feet and shall be located on a lot which meets the minimum
lot size of the district in which it is located.
5. All registered guest and transient resident sleeping rooms shall be established
within the principal structure.
6. Not more than the equivalent of one (1) full time person shall be employed in the
operation of the facility who is not a resident of the structure.
7. Dining and other facilities shall not be open to the general public but shall be used
exclusively by the registered guests and transient residents.
8. Two (2) off street parking spaces shall be provided for the home plus one (1) off
street parking space for each registered guest and transient resident sleeping
room. Parking areas shall be screened and landscaped pursuant to subsection 11-
19-7I of this title.
9. Not more than one (1) identification sign not exceeding four (4) square feet in area
may be attached to each wall which faces a street. The sign shall be reflective of
the architectural features of the structure and may not be internally illuminated or
lighted between ten o'clock (10:00) P.M. and six o'clock (6:00) A.M.
10. Adequate lighting shall be provided between the principal structure and the parking
area for safety purposes. Any additional external lighting is prohibited.
Section 9. Section 11-47-7.A of the Zoning Ordinance (RA District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
A. Bed and breakfast establishments and boarding houses as regulated by section 11-33-
3 of this title.
Section 10. Section 11-47-9 of the Zoning Ordinance (RA District – Interim Uses) is
hereby amended to add the following provision with subsequent sections renumbered
accordingly:
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B. Bed and breakfast establishments and boarding houses as regulated by section 11-33-
3 of this title.
Section 11. Section 11-54-7.A of the Zoning Ordinance (RS-CBD District – Conditional
Uses) is hereby repealed and subsequent sections renumbered accordingly.
A. Bed and breakfast establishments and boarding houses as regulated by section 11-33-
3 of this title.
Section 12. Section 11-54-9 of the Zoning Ordinance (RS-CBD District – Interim Uses)
is hereby amended to add the following provision with subsequent sections renumbered
accordingly:
A. Bed and breakfast establishments and boarding houses as regulated by section 11-33-
3 of this title.
Section 13. 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 within the RM-2 district shall be determined by the following
minimum lot area per unit standards as defined by Section 11-17-21 of this title:
1A. Detached townhouse, two-family dwellings, and townhome dwellings: Five thousand
(5,000) square feet per unit.
Section 14. 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 within the RM-3 district shall be determined by the following
minimum lot area per unit standards as defined by Section 11-17-21 of this title:
1A. Detached townhouse, two-family dwellings, and townhome dwellings: Three thousand
eight hundred (3,800) square feet per unit.
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Section 15. 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 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 within the RH-1 District shall be determined by the following minimum lot
area per unit standards as defined by Section 11-17-21 of this title
1A. Townhome dwellings: Five thousand (5,000) square feet per unit.
2B. Multiple-family dwellings: Two thousand five hundred (2,500) square feet per unit.
3C. Senior assisted living or continuing care retirement communities: One thousand five
hundred (1,500) square feet per unit.
Section 16. 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 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 within the RH-2 district shall be determined by the following minimum lot
area per unit standards as defined by Section 11-17-21 of this title:
1A. Townhome dwellings: Three thousand eight hundred (3,800) square feet per unit.
2B. Multiple-family dwellings:
a1. One thousand six hundred seventy-five (1,675) square feet per unit.
b2. Buildings on lots abutting an RS or RST district shall not exceed a floor area ratio
of seven-tenths (0.7).
3C. Senior assisted living or continuing care retirement communities: One thousand (1,000)
square feet per unit.
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Section 17. Section 11-62-21.A of the Zoning Ordinance (RH-2 District – Building Height)
is hereby amended to read as follows:
A. Principal buildings: Four (4) stories or forty fiveeight feet (4548'), whichever is less.
Section 18. Section 11-65-3 of the Zoning Ordinance (M-1 District – Permitted Uses) is
hereby amended to add the following provision with subsequent sections renumbered
accordingly:
D. Convenience restaurants without a drive through service window.
Section 19. Section 11-65-3 of the Zoning Ordinance (M-1 District – Permitted Uses) is
hereby amended to add the following provision with subsequent sections renumbered
accordingly:
E. Daycare facilities as a principal use provided that the use complies with the provisions
of chapter 31 of this title.
Section 20. Section 11-65-7.G of the Zoning Ordinance (M-1 District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
G. Connection of principal buildings across a property line for interior pedestrian or vehicle
use, provided that:
1. The exterior materials for the structure connecting the principal buildings shall be
consistent with the materials used for the principal buildings and shall comply with
Section 11-17-9.D of this title.
2. Setbacks:
a. Except for the structure connecting the principal buildings, each principal
building shall comply with the setback requirements within each lot.
b. The structure connecting the principal buildings shall not encroach upon a
required front yard or the required side yard of a corner lot.
3. The property owner(s) shall execute an agreement in a form approved by the City
Attorney to be recorded with each lot for the structure connecting the principal
buildings that includes, but is not limited to, provisions that address:
a. Responsibilities for maintenance and repair to the structure connecting the
principal buildings.
b. Provision of utilities including temperature control, water, and/or electricity.
(1) Water service to the structure connecting the principal buildings
shall be extended from the City water meter of one (1) of the
connected principal buildings.
c. Removal of the structure connecting the principal buildings and termination
of the agreement.
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Section 21. Section 11-65-7.I of the Zoning Ordinance (M-1 District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
I. Daycare facilities as a principal use provided that the use complies with the provisions
of chapter 31 of this title.
Section 22. 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 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 within the M-1 District shall be
determined by the following minimum lot area per unit standards as defined
by Section 11-17-21 of this title:
(1)a. Multiple-family dwellings:
(A1) One thousand six hundred seventy-five (1,675) square feet per unit.
(B2) Buildings on lots abutting an RS or RST district shall not exceed a
floor area ratio of seven-tenths (0.7).
(2)b. Senior assisted living or continuing care retirement communities: One
thousand (1,000) square feet per unit.
Section 23. Section 11-65-7.N.3. of the Zoning Ordinance (M-1 District – Conditional
Uses) is hereby amended to read as follows:
3. Design and construction standards for principal and accessory buildings:
a. The exterior finish of stand-alone multiple-family dwelling structures shall
include a variation in building materials which are to be distributed
throughout the building elevations and coordinated into the architectural
design of the structure to create an architecturally balanced appearance.
In addition, multiple-family dwelling structures shall comply with the
following requirements
(1) A minimum of fifty percent (50%) of the combined area of all
elevations of a structure shall have an exterior finish of brick, stucco
and/or natural or artificial stone, with the remainder of the exterior
elevations having a finish of other grade A, grade B, and/or C
materials.
.
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(2) For the purposes of this section, the area of the building elevation
shall not include area devoted to windows, entrance doors, garage
doors, or roof areas.
b. The exterior finish of mixed use buildings combining commercial and
multiple family dwelling uses shall be as specified in section 11-17-9.D.1 of
this title.
Section 24. Section 11-65-7.O of the Zoning Ordinance (M-1 District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
O. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum lot area and lot width
requirements of section 11-65-13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks,
etc., shall be maintained in one of the following ways:
a. All of the property including buildings and common areas shall be owned
by a single entity.
b. Common interest community ownership pursuant to Minnesota Statutes
515B.
c. The property shall be divided into a base lot and unit lots to allow for
individual ownership of the principal buildings or individual tenant spaces
within the principal building, with each owner of a unit lot having an equal
and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive
exterior entrance.
(2) A management association shall be established for all commercial
developments with multiple principal buildings subdivided in a base
lot/unit lot configuration that is to be responsible for all exterior
building maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance
of driveways and parking areas, subject to review and approval of
the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone,
electricity, gas, and telecable shall be installed underground. Exterior utility
meters and fixtures shall be located in interior side or rear yards when
possible and shall be screened from view of adjacent properties and the
public right of way.
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b. Public Utility Service: Separate public utility services shall be provided to
each unit unless exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be
provided.
(2) Sewer connection: Where more than one unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the maintenance association or owners.
Section 25. Section 11-65-11 of the Zoning Ordinance (M-1 District – Uses by
Administrative Permit) is hereby amended to add the following provisions with subsequent
sections renumbered accordingly:
A. Connection of principal buildings across a property line for interior pedestrian or vehicle
use, provided that:
1. The exterior materials for the structure connecting the principal buildings shall be
consistent with the materials used for the principal buildings and shall comply with
Section 11-17-9.D of this title.
2. Setbacks:
a. Except for the structure connecting the principal buildings, each principal
building shall comply with the setback requirements within each lot.
b. The structure connecting the principal buildings shall not encroach upon a
required front yard or the required side yard of a corner lot.
3. The property owner(s) shall execute an agreement in a form approved by the City
Attorney to be recorded with each lot for the structure connecting the principal
buildings that includes, but is not limited to, provisions that address:
a. Responsibilities for maintenance and repair to the structure connecting the
principal buildings.
b. Provision of utilities including temperature control, water, and/or electricity.
(1) Water service to the structure connecting the principal buildings
shall be extended from the City water meter of one (1) of the
connected principal buildings.
c. Removal of the structure connecting the principal buildings and termination
of the agreement.
Section 26. Section 11-65-11 of the Zoning Ordinance (M-1 District – Uses by
Administrative Permit) is hereby amended to add the following provisions with subsequent
sections renumbered accordingly:
C. Multiple principal buildings on one lot of record, provided that:
11
1. Lot Requirements: The lot shall conform to the minimum lot area and lot width
requirements of section 11-65-13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks,
etc., shall be maintained in one of the following ways:
a. All of the property including buildings and common areas shall be owned
by a single entity.
b. Common interest community ownership pursuant to Minnesota Statutes
515B.
c. The property shall be divided into a base lot and unit lots to allow for
individual ownership of the principal buildings or individual tenant spaces
within the principal building, with each owner of a unit lot having an equal
and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive
exterior entrance.
(2) A management association shall be established for all commercial
developments with multiple principal buildings subdivided in a base
lot/unit lot configuration that is to be responsible for all exterior
building maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance
of driveways and parking areas, subject to review and approval of
the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone,
electricity, gas, and telecable shall be installed underground. Exterior utility
meters and fixtures shall be located in interior side or rear yards when
possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to
each unit unless exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be
provided.
(2) Sewer connection: Where more than one unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the maintenance association or owners.
12
Section 27. Section 11-66-3 of the Zoning Ordinance (M-2 District – Permitted Uses) is
hereby amended to add the following provision with subsequent sections renumbered
accordingly:
D. Convenience restaurants without a drive through service window.
Section 28. Section 11-66-3 of the Zoning Ordinance (M-2 District – Permitted Uses) is
hereby amended to add the following provision with subsequent sections renumbered
accordingly:
E. Daycare facilities as a principal use provided that the use complies with the provisions
of chapter 31 of this title.
Section 29. Section 11-66-7.D of the Zoning Ordinance (M-2 District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
D. Connection of principal buildings across a property line for interior pedestrian or vehicle
use, provided that:
1. The exterior materials for the structure connecting the principal buildings shall be
consistent with the materials used for the principal buildings and shall comply with
Section 11-17-9.D of this title.
2. Setbacks:
a. Except for the structure connecting the principal buildings, each principal
building shall comply with the setback requirements within each lot.
b. The structure connecting the principal buildings shall not encroach upon a
required front yard or the required side yard of a corner lot.
3. The property owner(s) shall execute an agreement in a form approved by the City
Attorney to be recorded with each lot for the structure connecting the principal
buildings that includes, but is not limited to, provisions that address:
a. Responsibilities for maintenance and repair to the structure connecting the
principal buildings.
b. Provision of utilities including temperature control, water, and/or electricity.
(1) Water service to the structure connecting the principal buildings
shall be extended from the City water meter of one (1) of the
connected principal buildings.
c. Removal of the structure connecting the principal buildings and termination
of the agreement.
Section 30. Section 11-66-7.F of the Zoning Ordinance (M-2 District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
F. Daycare facilities as a principal use provided that the use complies with the provisions
of chapter 31 of this title.
13
Section 31. Section 11-66-7.E of the Zoning Ordinance (M-2 District – Conditional Uses)
is hereby amended to read as follows:
E. Convenience restaurants with a drive through service window, provided that:
1. Hours: The hours of operation shall be limited to five o'clock (5:00) a.m. to eleven
o'clock (11:00) p.m., unless extended by the city council as part of the conditional
use permit.
2. Architectural Standards:
a. As a part of the conditional use permit application, a color illustration of all
building elevations must be submitted.
b. The architectural appearance, scale, construction materials, and functional
plan of the building and site shall not be dissimilar to the existing nearby
commercial and residential buildings, so as not to constitute a blighting
influence.
c. All sides of the principal and accessory structures are to have essentially
the same or a coordinated harmonious finish treatment pursuant to
section 11-17-9 of this title.
d. Exterior wall treatments like brick, stone (natural or artificial), decorative
concrete block and stucco shall be used.
e. Earth tone colors of exterior materials including the canopy columns shall
be required. "Earth tone colors" shall be defined as any various soft colors
like those found in nature in soil, vegetation, etc., such colors are limited to
brown, black, gray, tan, beige, soft green, soft blue, or white.
f. Ten percent (10%) of the building facade may contain contrasting colors.
Contrasting colors shall be those colors not defined as earth tones. The
canopy may have contrasting color bands or accent lines not to exceed an
accumulative width of four inches (4"). The color bands shall not be
illuminated.
3. Dust Control And Drainage: The entire area other than occupied by buildings,
structures or plantings shall be surfaced with asphalt, concrete, cobblestone, or
paving brick to control dust and drainage, which is subject to review and approval
of the City Engineer.
4. Exterior Lighting: The lighting shall be accomplished in such a way as to have no
direct source of light visible from adjacent land in residential use or from the public
right-of-way and shall be in compliance with section 11-16-17 of this title.
5. Access: Vehicular access points shall create a minimum of conflict with through
traffic movement and shall comply with chapter 19 of this title and shall be subject
to the approval of the City Engineer.
6. Circulation And Loading: The site design must accommodate adequate turning
radius and vertical clearance for a semitrailer truck. Designated loading areas must
be exclusive of off street parking stalls and drive aisles and shall not cause conflicts
14
with customer vehicles and pedestrian movement. A site plan must be provided to
illustrate adequate turning radius, using appropriate engineering templates.
7. Pedestrian Traffic:
a. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles. In front of the principal structure, the
pedestrian sidewalk must be a minimum of five feet (5') wide and clear of
any obstacle or impediment.
b. A continuous and permanent concrete curb not less than six inches (6")
above grade shall separate internal sidewalks for pedestrian traffic from
motor vehicle areas, pursuant to the provisions of subsection 11-19-7I of
this title.
8. Signs: All signs and informational or visual communication devices shall be
minimized and shall be in compliance with chapter 23 of this title and the following
provisions:
a. Comprehensive Sign Plan: A Comprehensive Sign Plan must be submitted
as part of a conditional use permit application.
b. Freestanding Sign: A freestanding sign allowed by chapter 23 of this title
shall be a monument sign constructed as follows:
(1) The sign shall be self-supported vertically by a solid base extending
horizontally for a minimum of the entire width of the sign face. Total
height of the monument sign including the base shall not exceed
fifteen feet (15').
(2) The sign base and supporting material shall be equal to at least
forty percent (40%) of the total allowable sign square footage, and
shall not be counted toward the sign area. The base shall be
attached to the ground for its entire horizontal width of the sign. The
base shall be stone, brick, or decorative masonry and shall not
contain any sign copy.
c. Menu Signs: In addition to the freestanding sign allowed by chapter 23 of
this title, convenience food uses may display menu signs related to drive-
through facilities when approved subject to section 11-66-7.G of this title,
provided that:
(1) Not more than two (2) menu signs per drive-through lane are
allowed.
(2) The menu sign(s) shall be single sided with an area not to exceed
fifty (50) square feet.
(3) The height of the menu sign(s) shall not exceed eight feet (8')
including its base or pole measured from grade to the top of the
structure.
15
(4) The menu sign(s) shall not encroach into any principal building
setback and shall be located directly adjacent to the drive-through
aisle and oriented in such a manner so that the sign provides
information to the drive-through patrons only and does not provide
supplemental advertising to pass-by traffic and does not impair site
visibility or obstruct circulation.
Section 32. Section 11-66-7.G of the Zoning Ordinance (M-2 District – Conditional Uses)
is hereby amended to read as follows:
G. Drive-through service windows accessory to an allowed use, other than convenience food,
provided that
1. Stacking: Not less than one hundred eighty feet (180') of segregated automobile
stacking lane must be provided for the service window. Drive Through Lane: A
segregated automobile stacking lane sufficient for the traffic generated by the use
shall be provided for the service window.
2. Traffic Control: The stacking lane and its access mustshall be designed to control
traffic in a manner to protect the pedestrians, buildings and green area on the site.
3. Use Of Street: No part of the public street or boulevard mayshall be used for
stacking of automobiles.
4.. The drive through service window and drive through lane shall be screened from
view of adjacent properties and public rights-of-way in accordance with section 11-
21-9 of this title.
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 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 within the M-2 District shall be
determined by the following minimum lot area per unit standards as defined
by Section 11-17-21 of this title:
(1)a. Multiple-family dwellings:
(A1) One thousand six hundred seventy-five (1,675) square feet per unit.
(B2) Buildings on lots abutting a RS district shall not exceed a floor area
ratio of seven-tenths (0.7).
16
(2)b. Senior assisted living or continuing care retirement communities: One
thousand (1,000) square feet per unit.
Section 34. Section 11-66-7.K.2 of the Zoning Ordinance (M-2 District – Conditional
Uses) is hereby amended to read as follows:
2. Design and construction standards for principal and accessory buildings:
a. The exterior finish of stand-alone multiple-family dwelling structures shall
include a variation in building materials which are to be distributed
throughout the building elevations and coordinated into the architectural
design of the structure to create an architecturally balanced appearance.
In addition, multiple-family dwelling structures shall comply with the
following requirements
(1) A minimum of fifty percent (50%) of the combined area of all
elevations of a structure shall have an exterior finish of brick, stucco
and/or natural or artificial stone, with the remainder of the exterior
elevations having a finish of other grade A, grade B, and/or C
materials.
(2) For the purposes of this section, the area of the building elevation
shall not include area devoted to windows, entrance doors, garage
doors, or roof areas.
b. The exterior finish of mixed use buildings combining commercial and
multiple family dwelling uses shall be as specified in section 11-17-9.D.1 of
this title.
Section 35. Section 11-66-7.K.5 of the Zoning Ordinance (M-2 District – Conditional
Uses) is hereby amended to read as follows:
5. Affordable Housing: Housing qualified for meeting city’s allocation of regional
affordable housing as defined by the comprehensive plan may be exempted from
subsections 11-6566-7K.2 and 4 of this title, provided guarantees satisfactory to
the city are in place to ensure that “for sale” housing will meet the requirement for
initial sales and “for rent” housing will meet the requirement for the initial ten (10)
year rental period.
Section 36. Section 11-66-7.L of the Zoning Ordinance (M-2 District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
L. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum lot area and lot width
requirements of section 11-66-13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks,
etc., shall be maintained in one of the following ways:
17
a. All of the property including buildings and common areas shall be owned
by a single entity.
b. Common interest community ownership pursuant to Minnesota Statutes
515B.
c. The property shall be divided into a base lot and unit lots to allow for
individual ownership of the principal buildings or individual tenant spaces
within the principal building, with each owner of a unit lot having an equal
and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive
exterior entrance.
(2) A management association shall be established for all commercial
developments with multiple principal buildings subdivided in a base
lot/unit lot configuration that is to be responsible for all exterior
building maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance
of driveways and parking areas, subject to review and approval of
the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone,
electricity, gas, and telecable shall be installed underground. Exterior utility
meters and fixtures shall be located in interior side or rear yards when
possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to
each unit unless exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be
provided.
(2) Sewer connection: Where more than one unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the maintenance association or owners.
Section 37. Section 11-66-11 of the Zoning Ordinance (M-2 District – Uses by
Administrative Permit) is hereby amended to add the following provisions with subsequent
sections renumbered accordingly:
A. Connection of principal buildings across a property line for interior pedestrian or vehicle
use, provided that:
1. The exterior materials for the structure connecting the principal buildings shall be
consistent with the materials used for the principal buildings and shall comply with
Section 11-17-9.D of this title.
18
2. Setbacks:
a. Except for the structure connecting the principal buildings, each principal
building shall comply with the setback requirements within each lot.
b. The structure connecting the principal buildings shall not encroach upon a
required front yard or the required side yard of a corner lot.
3. The property owner(s) shall execute an agreement in a form approved by the City
Attorney to be recorded with each lot for the structure connecting the principal
buildings that includes, but is not limited to, provisions that address:
a. Responsibilities for maintenance and repair to the structure connecting the
principal buildings.
b. Provision of utilities including temperature control, water, and/or electricity.
(1) Water service to the structure connecting the principal buildings
shall be extended from the City water meter of one (1) of the
connected principal buildings.
c. Removal of the structure connecting the principal buildings and termination
of the agreement.
Section 38. Section 11-66-11 of the Zoning Ordinance (M-2 District – Uses by
Administrative Permit) is hereby amended to add the following provisions with subsequent
sections renumbered accordingly:
C. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum lot area and lot width
requirements of section 11-66-13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks,
etc., shall be maintained in one of the following ways:
a. All of the property including buildings and common areas shall be owned
by a single entity.
b. Common interest community ownership pursuant to Minnesota Statutes
515B.
c. The property shall be divided into a base lot and unit lots to allow for
individual ownership of the principal buildings or individual tenant spaces
within the principal building, with each owner of a unit lot having an equal
and undivided interest in the common area, subject to the following
requirements:
19
(1) The tenant space related to each unit lot shall have an exclusive
exterior entrance.
(2) A management association shall be established for all commercial
developments with multiple principal buildings subdivided in a base
lot/unit lot configuration that is to be responsible for all exterior
building maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance
of driveways and parking areas, subject to review and approval of
the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone,
electricity, gas, and telecable shall be installed underground. Exterior utility
meters and fixtures shall be located in interior side or rear yards when
possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to
each unit unless exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be
provided.
(2) Sewer connection: Where more than one unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the maintenance association or owners.
Section 39. Section 11-71-3 of the Zoning Ordinance (C-1 District – Permitted Uses) is
hereby amended to add the following provision with subsequent sections renumbered
accordingly:
B. Daycare facilities as a principal use provided that the use complies with the provisions
of chapter 31 of this title.
Section 40. Section 11-71-3 of the Zoning Ordinance (C-1 District – Permitted Uses) is
hereby amended to add the following provision with subsequent sections renumbered
accordingly:
C. Fitness centers limited to two thousand (2,000) square feet of gross floor area or less.
Section 41. Section 11-71-7.C of the Zoning Ordinance (C-1 District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
C. Daycare facilities as a principal use provided that the use complies with the provisions
of chapter 31 of this title.
Section 42. Section 11-71-7.E of the Zoning Ordinance (C-1 District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
E. Fitness centers limited to two thousand (2,000) square feet of gross floor area or less
provided that:
20
1. Adequate off street parking and off street loading shall be provided in compliance
with chapters 19 and 20 of this title.
2. The total number of stations shall not exceed one per one hundred (100) square
feet of gross floor area.
3. The use is located and developed so as not to create an incompatible operation
problem with adjoining and neighboring commercial and/or residential uses.
4. Hours of operation shall be limited to five o'clock (5:00) A.M. to eleven o'clock
(11:00) P.M. unless otherwise allowed by the city council.
Section 43. Section 11-71-7.H of the Zoning Ordinance (C-1 District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
H. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum lot area and lot width
requirements of section 11-71-13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks,
etc., shall be maintained in one of the following ways:
a. All of the property including buildings and common areas shall be owned
by a single entity.
b. Common interest community ownership pursuant to Minnesota Statutes
515B.
c. The property shall be divided into a base lot and unit lots to allow for
individual ownership of the principal buildings or individual tenant spaces
within the principal building, with each owner of a unit lot having an equal
and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive
exterior entrance.
(2) A management association shall be established for all commercial
developments with multiple principal buildings subdivided in a base
lot/unit lot configuration that is to be responsible for all exterior
building maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance
of driveways and parking areas, subject to review and approval of
the city attorney.
4. Utilities:
21
a. Underground Or Exterior Service: All utilities including telephone,
electricity, gas, and telecable shall be installed underground. Exterior utility
meters and fixtures shall be located in interior side or rear yards when
possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to
each unit unless exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be
provided.
(2) Sewer connection: Where more than one unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the maintenance association or owners.
Section 44. Section 11-71-11 of the Zoning Ordinance (C-1 District – Uses by
Administrative Permit) is hereby amended to add the following provisions with subsequent
sections renumbered accordingly:
B. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum lot area and lot width
requirements of section 11-71-13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks,
etc., shall be maintained in one of the following ways:
a. All of the property including buildings and common areas shall be owned
by a single entity.
b. Common interest community ownership pursuant to Minnesota Statutes
515B.
c. The property shall be divided into a base lot and unit lots to allow for
individual ownership of the principal buildings or individual tenant spaces
within the principal building, with each owner of a unit lot having an equal
and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive
exterior entrance.
(2) A management association shall be established for all commercial
developments with multiple principal buildings subdivided in a base
lot/unit lot configuration that is to be responsible for all exterior
building maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance
22
of driveways and parking areas, subject to review and approval of
the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone,
electricity, gas, and telecable shall be installed underground. Exterior utility
meters and fixtures shall be located in interior side or rear yards when
possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to
each unit unless exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be
provided.
(2) Sewer connection: Where more than one unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the maintenance association or owners.
Section 45. Section 11-72-3 of the Zoning Ordinance (C-2 District – Permitted Uses) is
hereby amended to add the following provision with subsequent sections renumbered
accordingly:
D. Convenience restaurants without a drive through service window.
Section 46. Section 11-72-3 of the Zoning Ordinance (C-2 District – Permitted Uses) is
hereby amended to add the following provision with subsequent sections renumbered
accordingly:
E. Daycare facilities as a principal use provided that the use complies with the provisions
of chapter 31 of this title.
Section 47. Section 11-72-7.G of the Zoning Ordinance (C-2 District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
G. Connection of principal buildings across a property line for interior pedestrian or vehicle
use, provided that:
1. The exterior materials for the structure connecting the principal buildings shall be
consistent with the materials used for the principal buildings and shall comply with
Section 11-17-9.D of this title.
2. Setbacks:
a. Except for the structure connecting the principal buildings, each principal
building shall comply with the setback requirements within each lot.
b. The structure connecting the principal buildings shall not encroach upon a
required front yard or the required side yard of a corner lot.
23
3. The property owner(s) shall execute an agreement in a form approved by the City
Attorney to be recorded with each lot for the structure connecting the principal
buildings that includes, but is not limited to, provisions that address:
a. Responsibilities for maintenance and repair to the structure connecting the
principal buildings.
b. Provision of utilities including temperature control, water, and/or electricity.
(1) Water service to the structure connecting the principal buildings
shall be extended from the City water meter of one (1) of the
connected principal buildings.
c. Removal of the structure connecting the principal buildings and termination
of the agreement.
Section 48. Section 11-72-7.I of the Zoning Ordinance (C-2 District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
I. Daycare facilities as a principal use provided that the use complies with the provisions
of chapter 31 of this title.
Section 49. Section 11-72-7.N of the Zoning Ordinance (C-2 District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
N. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum lot area and lot width
requirements of section 11-72-13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks,
etc., shall be maintained in one of the following ways:
a. All of the property including buildings and common areas shall be owned
by a single entity.
b. Common interest community ownership pursuant to Minnesota Statutes
515B.
c. The property shall be divided into a base lot and unit lots to allow for
individual ownership of the principal buildings or individual tenant spaces
within the principal building, with each owner of a unit lot having an equal
and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive
exterior entrance.
24
(2) A management association shall be established for all commercial
developments with multiple principal buildings subdivided in a base
lot/unit lot configuration that is to be responsible for all exterior
building maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance
of driveways and parking areas, subject to review and approval of
the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone,
electricity, gas, and telecable shall be installed underground. Exterior utility
meters and fixtures shall be located in interior side or rear yards when
possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to
each unit unless exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be
provided.
(2) Sewer connection: Where more than one unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the maintenance association or owners.
Section 50. Section 11-72-11 of the Zoning Ordinance (C-2 District – Uses by
Administrative Permit) is hereby amended to add the following provision with subsequent sections
renumbered accordingly:
A. Connection of principal buildings across a property line for interior pedestrian or vehicle
use, provided that:
1. The exterior materials for the structure connecting the principal buildings shall be
consistent with the materials used for the principal buildings and shall comply with
Section 11-17-9.D of this title.
2. Setbacks:
a. Except for the structure connecting the principal buildings, each principal
building shall comply with the setback requirements within each lot.
b. The structure connecting the principal buildings shall not encroach upon a
required front yard or the required side yard of a corner lot.
3. The property owner(s) shall execute an agreement in a form approved by the City
Attorney to be recorded with each lot for the structure connecting the principal
buildings that includes, but is not limited to, provisions that address:
a. Responsibilities for maintenance and repair to the structure connecting the
principal buildings.
b. Provision of utilities including temperature control, water, and/or electricity.
25
(1) Water service to the structure connecting the principal buildings
shall be extended from the City water meter of one (1) of the
connected principal buildings.
c. Removal of the structure connecting the principal buildings and termination
of the agreement.
Section 51. Section 11-72-11 of the Zoning Ordinance (C-2 District – Uses by
Administrative Permit) is hereby amended to add the following provision with subsequent sections
renumbered accordingly:
C. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum lot area and lot width
requirements of section 11-72-13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks,
etc., shall be maintained in one of the following ways:
a. All of the property including buildings and common areas shall be owned
by a single entity.
b. Common interest community ownership pursuant to Minnesota Statutes
515B.
c. The property shall be divided into a base lot and unit lots to allow for
individual ownership of the principal buildings or individual tenant spaces
within the principal building, with each owner of a unit lot having an equal
and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive
exterior entrance.
(2) A management association shall be established for all commercial
developments with multiple principal buildings subdivided in a base
lot/unit lot configuration that is to be responsible for all exterior
building maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance
of driveways and parking areas, subject to review and approval of
the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone,
electricity, gas, and telecable shall be installed underground. Exterior utility
meters and fixtures shall be located in interior side or rear yards when
26
possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to
each unit unless exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be
provided.
(2) Sewer connection: Where more than one unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the maintenance association or owners.
Section 52. Section 11-72-13 of the Zoning Ordinance (C-2 District – Lot Requirements
and Setbacks) is hereby amended to revise the following row:
Rear yards 10 feet, or 30 feet abutting a street or residential zoned property
Section 53. Section 11-73-3 of the Zoning Ordinance (C-3 District – Permitted Uses) is
hereby amended to add the following provision with subsequent sections renumbered
accordingly:
D. Convenience restaurants without a drive through service window
Section 54. Section 11-73-3 of the Zoning Ordinance (C-3 District – Permitted Uses) is
hereby amended to add the following provision with subsequent sections renumbered
accordingly:
E. Daycare facilities as a principal use provided that the use complies with the provisions
of chapter 31 of this title.
Section 55. Section 11-73-7.G of the Zoning Ordinance (C-3 District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
G. Connection of principal buildings across a property line for interior pedestrian or vehicle
use, provided that:
1. The exterior materials for the structure connecting the principal buildings shall be
consistent with the materials used for the principal buildings and shall comply with
Section 11-17-9.D of this title.
2. Setbacks:
a. Except for the structure connecting the principal buildings, each principal
building shall comply with the setback requirements within each lot.
b. The structure connecting the principal buildings shall not encroach upon a
required front yard or the required side yard of a corner lot.
3. The property owner(s) shall execute an agreement in a form approved by the City
Attorney to be recorded with each lot for the structure connecting the principal
buildings that includes, but is not limited to, provisions that address:
27
a. Responsibilities for maintenance and repair to the structure connecting the
principal buildings.
b. Provision of utilities including temperature control, water, and/or electricity.
(1) Water service to the structure connecting the principal buildings
shall be extended from the City water meter of one (1) of the
connected principal buildings.
c. Removal of the structure connecting the principal buildings and termination
of the agreement.
Section 56. Section 11-73-7.I of the Zoning Ordinance (C-3 District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
I. Daycare facilities as a principal use provided that the use complies with the provisions
of chapter 31 of this title.
Section 57. Section 11-73-7.M of the Zoning Ordinance (C-2 District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
M. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum lot area and lot width
requirements of section 11-73-13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks,
etc., shall be maintained in one of the following ways:
a. All of the property including buildings and common areas shall be owned
by a single entity.
b. Common interest community ownership pursuant to Minnesota Statutes
515B.
c. The property shall be divided into a base lot and unit lots to allow for
individual ownership of the principal buildings or individual tenant spaces
within the principal building, with each owner of a unit lot having an equal
and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive
exterior entrance.
(2) A management association shall be established for all commercial
developments with multiple principal buildings subdivided in a base
lot/unit lot configuration that is to be responsible for all exterior
building maintenance, approval of any exterior architectural
28
modifications, landscaping, snow clearing and regular maintenance
of driveways and parking areas, subject to review and approval of
the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone,
electricity, gas, and telecable shall be installed underground. Exterior utility
meters and fixtures shall be located in interior side or rear yards when
possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to
each unit unless exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be
provided.
(2) Sewer connection: Where more than one unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the maintenance association or owners.
Section 58. Section 11-73-11 of the Zoning Ordinance (C-3 District – Uses by
Administrative Permit) is hereby amended to add the following provision with subsequent sections
renumbered accordingly:
A. Connection of principal buildings across a property line for interior pedestrian or vehicle
use, provided that:
1. The exterior materials for the structure connecting the principal buildings shall be
consistent with the materials used for the principal buildings and shall comply with
Section 11-17-9.D of this title.
2. Setbacks:
a. Except for the structure connecting the principal buildings, each principal
building shall comply with the setback requirements within each lot.
b. The structure connecting the principal buildings shall not encroach upon a
required front yard or the required side yard of a corner lot.
3. The property owner(s) shall execute an agreement in a form approved by the City
Attorney to be recorded with each lot for the structure connecting the principal
buildings that includes, but is not limited to, provisions that address:
a. Responsibilities for maintenance and repair to the structure connecting the
principal buildings.
b. Provision of utilities including temperature control, water, and/or electricity.
(1) Water service to the structure connecting the principal buildings
shall be extended from the City water meter of one (1) of the
connected principal buildings.
29
c. Removal of the structure connecting the principal buildings and termination
of the agreement.
Section 59. Section 11-73-11 of the Zoning Ordinance (C-3 District – Uses by
Administrative Permit) is hereby amended to add the following provision with subsequent sections
renumbered accordingly:
C. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum lot area and lot width
requirements of section 11-73-13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks,
etc., shall be maintained in one of the following ways:
a. All of the property including buildings and common areas shall be owned
by a single entity.
b. Common interest community ownership pursuant to Minnesota Statutes
515B.
c. The property shall be divided into a base lot and unit lots to allow for
individual ownership of the principal buildings or individual tenant spaces
within the principal building, with each owner of a unit lot having an equal
and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive
exterior entrance.
(2) A management association shall be established for all commercial
developments with multiple principal buildings subdivided in a base
lot/unit lot configuration that is to be responsible for all exterior
building maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance
of driveways and parking areas, subject to review and approval of
the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone,
electricity, gas, and telecable shall be installed underground. Exterior utility
meters and fixtures shall be located in interior side or rear yards when
possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to
each unit unless exempted by the city engineer.
30
(1) Water connection: A shutoff valve for each individual unit shall be
provided.
(2) Sewer connection: Where more than one unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the maintenance association or owners.
Section 60. Section 11-73-13 of the Zoning Ordinance (C-3 District – Lot Requirements
and Setbacks) is hereby amended to revise the following row:
Rear yards 10 feet, or 30 feet abutting a street or residential zoned property
Section 61. Section 11-74-3 of the Zoning Ordinance (C-CBD District – Permitted Uses)
is hereby amended to add the following provision with subsequent sections renumbered
accordingly:
D. Convenience restaurants without a drive through service window
Section 62. Section 11-74-3 of the Zoning Ordinance (C-CBD District – Permitted Uses)
is hereby amended to add the following provision with subsequent sections renumbered
accordingly:
E. Daycare facilities as a principal use provided that the use complies with the provisions
of chapter 31 of this title.
Section 63. Section 11-74-7.E of the Zoning Ordinance (C-CBD District – Conditional
Uses) is hereby repealed and subsequent sections renumbered accordingly.
E. Connection of principal buildings across a property line for interior pedestrian or vehicle
use, provided that:
1. The exterior materials for the structure connecting the principal buildings shall be
consistent with the materials used for the principal buildings and shall comply with
Section 11-17-9.D of this title.
2. Setbacks:
a. Except for the structure connecting the principal buildings, each principal
building shall comply with the setback requirements within each lot.
b. The structure connecting the principal buildings shall not encroach upon a
required front yard or the required side yard of a corner lot.
3. The property owner(s) shall execute an agreement in a form approved by the City
Attorney to be recorded with each lot for the structure connecting the principal
buildings that includes, but is not limited to, provisions that address:
a. Responsibilities for maintenance and repair to the structure connecting the
principal buildings.
b. Provision of utilities including temperature control, water, and/or electricity.
31
(1) Water service to the structure connecting the principal buildings
shall be extended from the City water meter of one (1) of the
connected principal buildings.
c. Removal of the structure connecting the principal buildings and termination
of the agreement.
Section 64. Section 11-74-7.G of the Zoning Ordinance (C-CBD District – Conditional
Uses) is hereby repealed and subsequent sections renumbered accordingly.
G. Daycare facilities as a principal use provided that the use complies with the provisions
of chapter 31 of this title.
Section 65. Section 11-74-7.I of the Zoning Ordinance (C-CBD District – Conditional
Uses) is hereby amended to read as follows:
I. Drive-through service windows accessory to an allowed use, other than for convenience
restaurants, provided that the following additional criteria are satisfied:
1. Stacking: Not less than one hundred eighty feet (180') of sSegregated automobile
stacking lane must sufficient for the traffic generated by the use shall be provided
for the service window.
2. Traffic Control: The stacking lane and its access mustshall be designed to control
traffic in a manner to protect the pedestrians, buildings and green area on the site.
3. Use Of Street: No part of the public street or boulevard mayshall be used for
stacking of automobiles.
4. Screening. The drive through service window and stacking lane shall be screened
from view of adjacent properties and public rights-of-way in accordance with
section 11-21-9 of this title.
Section 66. Section 11-74-7.N of the Zoning Ordinance (C-CBD District – Conditional
Uses) is hereby repealed and subsequent sections renumbered accordingly.
N. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum lot area and lot width
requirements of section 11-74-15 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks,
etc., shall be maintained in one of the following ways:
a. All of the property including buildings and common areas shall be owned
by a single entity.
32
b. Common interest community ownership pursuant to Minnesota Statutes
515B.
c. The property shall be divided into a base lot and unit lots to allow for
individual ownership of the principal buildings or individual tenant spaces
within the principal building, with each owner of a unit lot having an equal
and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive
exterior entrance.
(2) A management association shall be established for all commercial
developments with multiple principal buildings subdivided in a base
lot/unit lot configuration that is to be responsible for all exterior
building maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance
of driveways and parking areas, subject to review and approval of
the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone,
electricity, gas, and telecable shall be installed underground. Exterior utility
meters and fixtures shall be located in interior side or rear yards when
possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to
each unit unless exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be
provided.
(2) Sewer connection: Where more than one unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the maintenance association or owners.
Section 67. Section 11-74-11 of the Zoning Ordinance (C-CBD District – Uses by
Administrative Permit) is hereby amended to add the following provisions with subsequent
sections renumbered accordingly:
A. Connection of principal buildings across a property line for interior pedestrian or vehicle
use, provided that:
1. The exterior materials for the structure connecting the principal buildings shall be
consistent with the materials used for the principal buildings and shall comply with
Section 11-17-9.D of this title.
2. Setbacks:
a. Except for the structure connecting the principal buildings, each principal
building shall comply with the setback requirements within each lot.
33
b. The structure connecting the principal buildings shall not encroach upon a
required front yard or the required side yard of a corner lot.
3. The property owner(s) shall execute an agreement in a form approved by the City
Attorney to be recorded with each lot for the structure connecting the principal
buildings that includes, but is not limited to, provisions that address:
a. Responsibilities for maintenance and repair to the structure connecting the
principal buildings.
b. Provision of utilities including temperature control, water, and/or electricity.
(1) Water service to the structure connecting the principal buildings
shall be extended from the City water meter of one (1) of the
connected principal buildings.
c. Removal of the structure connecting the principal buildings and termination
of the agreement.
Section 68. Section 11-74-11 of the Zoning Ordinance (C-CBD District – Uses by
Administrative Permit) is hereby amended to add the following provisions with subsequent
sections renumbered accordingly:
C. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum lot area and lot width
requirements of section 11-73-13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks,
etc., shall be maintained in one of the following ways:
a. All of the property including buildings and common areas shall be owned
by a single entity.
b. Common interest community ownership pursuant to Minnesota Statutes
515B.
c. The property shall be divided into a base lot and unit lots to allow for
individual ownership of the principal buildings or individual tenant spaces
within the principal building, with each owner of a unit lot having an equal
and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive
exterior entrance.
(2) A management association shall be established for all commercial
developments with multiple principal buildings subdivided in a base
34
lot/unit lot configuration that is to be responsible for all exterior
building maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance
of driveways and parking areas, subject to review and approval of
the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone,
electricity, gas, and telecable shall be installed underground. Exterior utility
meters and fixtures shall be located in interior side or rear yards when
possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to
each unit unless exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be
provided.
(2) Sewer connection: Where more than one unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the maintenance association or owners.
Section 69. Section 11-75-7.A of the Zoning Ordinance (O-P District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
A. Commercial kennels for dogs, cats, and other domestic animals provided that:
1. The facility shall be licensed in accordance with the rules of the Minnesota Board
of Animal Health.
2. Indoor animal kennel floors and walls shall be made of nonporous materials or
sealed to make it nonporous.
3. A room or cage separate from the primary kennel area shall be provided to
adequately separate animals that are sick or injured from healthy animals.
4. All animal waste shall be disposed of at least once per day to prevent a public
nuisance by being flushed down an existing sanitary sewer system or enclosed in
a container of sufficient construction to eliminate odors and organisms that shall
be emptied by a waste disposal service a minimum of two (2) times every seven
(7) days, or as otherwise determined to be necessary to protect public health,
safety and welfare.
5. A ventilation system shall be provided capable of completely exchanging internal
air at a rate of 1.00 cfm/square foot of floor space per area dedicated for the
keeping of animals, exclusive of offices, pursuant to chapter 1346 of the Minnesota
State Building Code.
6. Within a multiple tenant building, there shall be adequate physical separation,
including soundproofing, between the kennel and other individual tenant spaces to
protect public health and safety and prevent nuisance issues.
35
7. Outdoor exercise areas shall be allowed for a kennel within a single occupancy
building only, subject to the following requirements:
a. The property shall be set back a minimum of five hundred feet (500') from
any Residential District.
b. The outdoor exercise area shall be located only within an interior side yard
or rear yard.
c. The outdoor exercise area shall be set back a minimum of fifteen feet (15')
from all lot lines.
d. A solid fence with a minimum height of six feet (6') shall be provided in
compliance with the requirements of section 11-21-5 of this title to screen
the outdoor exercise area from surrounding properties and public rights-of-
way.
e. The outdoor exercise area shall be contained within a raised curb to contain
waste runoff and must include a waste filtration bed with once per year
excavation and disposal or connection to the sanitary sewer system.
f. An attendant shall be present at all times to control animals that are
outdoors and prevent nuisance issues including, but not limited to, noise.
g. No animals shall be allowed to be outdoors between the hours of ten
o'clock (10:00) P.M. and six o'clock (6:00) A.M.
Section 70. Section 11-75-7.C of the Zoning Ordinance (O-P District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
C. Connection of principal buildings across a property line for interior pedestrian or vehicle
use, provided that:
1. The exterior materials for the structure connecting the principal buildings shall be
consistent with the materials used for the principal buildings and shall comply with
Section 11-17-9.D of this title.
2. Setbacks:
a. Except for the structure connecting the principal buildings, each principal
building shall comply with the setback requirements within each lot.
b. The structure connecting the principal buildings shall not encroach upon a
required front yard or the required side yard of a corner lot.
3. The property owner(s) shall execute an agreement in a form approved by the City
Attorney to be recorded with each lot for the structure connecting the principal
buildings that includes, but is not limited to, provisions that address:
a. Responsibilities for maintenance and repair to the structure connecting the
principal buildings.
36
b. Provision of utilities including temperature control, water, and/or electricity.
(1) Water service to the structure connecting the principal buildings
shall be extended from the City water meter of one (1) of the
connected principal buildings.
c. Removal of the structure connecting the principal buildings and termination
of the agreement.
Section 71. Section 11-75-7.D of the Zoning Ordinance (O-P District – Conditional Uses)
is hereby amended to read as follows:
E. Daycare facilities as a accessory to an allowed principal use provided that the use
complies with the provisions of chapter 31 of this title.
Section 72. Section 11-75-7.K of the Zoning Ordinance (O-P District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
K. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum lot area and lot width
requirements of section 11-75-13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks,
etc., shall be maintained in one of the following ways:
a. All of the property including buildings and common areas shall be owned
by a single entity.
b. Common interest community ownership pursuant to Minnesota Statutes
515B.
c. The property shall be divided into a base lot and unit lots to allow for
individual ownership of the principal buildings or individual tenant spaces
within the principal building, with each owner of a unit lot having an equal
and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive
exterior entrance.
(2) A management association shall be established for all commercial
developments with multiple principal buildings subdivided in a base
lot/unit lot configuration that is to be responsible for all exterior
building maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance
of driveways and parking areas, subject to review and approval of
the city attorney.
37
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone,
electricity, gas, and telecable shall be installed underground. Exterior utility
meters and fixtures shall be located in interior side or rear yards when
possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to
each unit unless exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be
provided.
(2) Sewer connection: Where more than one unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the maintenance association or owners.
Section 73. Section 11-75-11 of the Zoning Ordinance (O-P District – Uses by
Administrative Permit) is hereby amended to add the following provisions with subsequent
sections renumbered accordingly:
A. Connection of principal buildings across a property line for interior pedestrian or vehicle
use, provided that:
1. The exterior materials for the structure connecting the principal buildings shall be
consistent with the materials used for the principal buildings and shall comply with
Section 11-17-9.D of this title.
2. Setbacks:
a. Except for the structure connecting the principal buildings, each principal
building shall comply with the setback requirements within each lot.
b. The structure connecting the principal buildings shall not encroach upon a
required front yard or the required side yard of a corner lot.
3. The property owner(s) shall execute an agreement in a form approved by the City
Attorney to be recorded with each lot for the structure connecting the principal
buildings that includes, but is not limited to, provisions that address:
a. Responsibilities for maintenance and repair to the structure connecting the
principal buildings.
b. Provision of utilities including temperature control, water, and/or electricity.
(1) Water service to the structure connecting the principal buildings
shall be extended from the City water meter of one (1) of the
connected principal buildings.
c. Removal of the structure connecting the principal buildings and termination
of the agreement.
38
Section 74. Section 11-75-11 of the Zoning Ordinance (O-P District – Uses by
Administrative Permit) is hereby amended to add the following provisions with subsequent
sections renumbered accordingly:
C. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum design and performance
standards of section 11-75-13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks,
etc., shall be maintained in one of the following ways:
a. All of the property including buildings and common areas shall be owned
by a single entity.
b. Common interest community ownership pursuant to Minnesota Statutes
515B.
c. The property shall be divided into a base lot and unit lots to allow for
individual ownership of the principal buildings or individual tenant spaces
within the principal building, with each owner of a unit lot having an equal
and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive
exterior entrance.
(2) A management association shall be established for all commercial
developments with multiple principal buildings subdivided in a base
lot/unit lot configuration that is to be responsible for all exterior
building maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance
of driveways and parking areas, subject to review and approval of
the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone,
electricity, gas, and telecable shall be installed underground. Exterior utility
meters and fixtures shall be located in interior side or rear yards when
possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to
each unit unless exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be
provided.
39
(2) Sewer connection: Where more than one unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the maintenance association or owners.
Section 75. Section 11-85-7.C of the Zoning Ordinance (I-CBD District – Conditional
Uses) is hereby repealed and subsequent sections renumbered accordingly.
C. Daycare facilities as a principal use provided that the use complies with the provisions
of chapter 31 of this title.
Section 76. Section 11-86-7.E of the Zoning Ordinance (I-1 District – Conditional Uses)
is hereby amended to read as follows:
E. Daycare facilities as a accessory to an allowed principal use provided that the use
complies with the provisions of chapter 31 of this title.
Section 77. Section 11-86-7.H of the Zoning Ordinance (I-1 District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
H. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum lot area and lot width
requirements of section 11-86-13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks,
etc., shall be maintained in one of the following ways:
a. All of the property including buildings and common areas shall be owned
by a single entity.
b. Common interest community ownership pursuant to Minnesota Statutes
515B.
c. The property shall be divided into a base lot and unit lots to allow for
individual ownership of the principal buildings or individual tenant spaces
within the principal building, with each owner of a unit lot having an equal
and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive
exterior entrance.
(2) A management association shall be established for all commercial
developments with multiple principal buildings subdivided in a base
lot/unit lot configuration that is to be responsible for all exterior
building maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance
of driveways and parking areas, subject to review and approval of
the city attorney.
40
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone,
electricity, gas, and telecable shall be installed underground. Exterior utility
meters and fixtures shall be located in interior side or rear yards when
possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to
each unit unless exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be
provided.
(2) Sewer connection: Where more than one unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the maintenance association or owners.
Section 78. Section 11-86-11 of the Zoning Ordinance (I-1 District – Uses by
Administrative Permit) is hereby amended to add the following provisions with subsequent
sections renumbered accordingly:
B. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum lot area and lot width
requirements of section 11-86-13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks,
etc., shall be maintained in one of the following ways:
a. All of the property including buildings and common areas shall be owned
by a single entity.
b. Common interest community ownership pursuant to Minnesota Statutes
515B.
c. The property shall be divided into a base lot and unit lots to allow for
individual ownership of the principal buildings or individual tenant spaces
within the principal building, with each owner of a unit lot having an equal
and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive
exterior entrance.
(2) A management association shall be established for all commercial
developments with multiple principal buildings subdivided in a base
lot/unit lot configuration that is to be responsible for all exterior
41
building maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance
of driveways and parking areas, subject to review and approval of
the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone,
electricity, gas, and telecable shall be installed underground. Exterior utility
meters and fixtures shall be located in interior side or rear yards when
possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to
each unit unless exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be
provided.
(2) Sewer connection: Where more than one unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the maintenance association or owners.
Section 79. Section 11-86-15.A of the Zoning Ordinance (I-1 District – Building Height)
is hereby amended to read as follows:
A. Principal buildings: Four (4) stories or forty five fifty feet (4550'), whichever is less.
Section 80. Section 11-87-7.B of the Zoning Ordinance (I-2 District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
B. Airports.
Section 81. Section 11-87-7.E of the Zoning Ordinance (I-2 District – Conditional Uses)
is hereby amended to read as follows:
E. Daycare facilities as a accessory to an allowed principal use provided that the use
complies with the provisions of chapter 31 of this title.
Section 82. Section 11-87-7.H of the Zoning Ordinance (I-2 District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
H. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum lot area and lot width
requirements of section 11-87-13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks,
etc., shall be maintained in one of the following ways:
42
a. All of the property including buildings and common areas shall be owned
by a single entity.
b. Common interest community ownership pursuant to Minnesota Statutes
515B.
c. The property shall be divided into a base lot and unit lots to allow for
individual ownership of the principal buildings or individual tenant spaces
within the principal building, with each owner of a unit lot having an equal
and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive
exterior entrance.
(2) A management association shall be established for all commercial
developments with multiple principal buildings subdivided in a base
lot/unit lot configuration that is to be responsible for all exterior
building maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance
of driveways and parking areas, subject to review and approval of
the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone,
electricity, gas, and telecable shall be installed underground. Exterior utility
meters and fixtures shall be located in interior side or rear yards when
possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to
each unit unless exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be
provided.
(2) Sewer connection: Where more than one unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the maintenance association or owners.
Section 83. Section 11-87-11 of the Zoning Ordinance (I-2 District – Uses by
Administrative Permit) is hereby amended to add the following provisions with subsequent
sections renumbered accordingly:
B. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum lot area and lot width
requirements of section 11-87-13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
43
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks,
etc., shall be maintained in one of the following ways:
a. All of the property including buildings and common areas shall be owned
by a single entity.
b. Common interest community ownership pursuant to Minnesota Statutes
515B.
c. The property shall be divided into a base lot and unit lots to allow for
individual ownership of the principal buildings or individual tenant spaces
within the principal building, with each owner of a unit lot having an equal
and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive
exterior entrance.
(2) A management association shall be established for all commercial
developments with multiple principal buildings subdivided in a base
lot/unit lot configuration that is to be responsible for all exterior
building maintenance, approval of any exterior architectural
modifications, landscaping, snow clearing and regular maintenance
of driveways and parking areas, subject to review and approval of
the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone,
electricity, gas, and telecable shall be installed underground. Exterior utility
meters and fixtures shall be located in interior side or rear yards when
possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to
each unit unless exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be
provided.
(2) Sewer connection: Where more than one unit is served by a
sanitary sewer service, all maintenance and cleaning shall be the
responsibility of the maintenance association or owners.
Section 84. Section 11-87-15.A of the Zoning Ordinance (I-2 District – Building Height)
is hereby amended to read as follows:
A. Principal buildings: Four (4) stories or forty five fifty feet (4550'), whichever is less.
Section 85. Section 11-88-7.B of the Zoning Ordinance (I-3 District – Conditional Uses)
is hereby repealed and subsequent sections renumbered accordingly.
44
B. Daycare facilities as a principal use provided that the use complies with the provisions
of chapter 31 of this title.
Section 86. Section 11-96-21.B of the Zoning Ordinance (PUD District – PUD District
Amendment/Plan Amendment) is hereby amended to read as follows:
B. The plan amendment shall not result in an increase of the floor area of the principal use
by more than twenty (20) percent, include any change in hours of operation, traffic,
employees, or number of dwelling units, expand any principal building or otherwise
increase the intensity of the use of the site as determined by the Zoning Administrator for
noise, traffic, employees, or other relevant factors.
Section 87 This Ordinance shall be effective immediately upon its passage and
publication according to law.
ADOPTED by the Lakeville City Council this ______ day of ______________, 2023.
CITY OF LAKEVILLE
BY: ________________________
Luke Hellier, Mayor
ATTEST
BY: ________________________
Ann Orlofsky, City Clerk