HomeMy WebLinkAboutItem 06b - Zoning Ordinance Annual Review and Update3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
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MEMORANDUM
TO: Tina Goodroad/Kris Jenson
FROM: D. Daniel Licht
DATE: 17 April 2022
RE: Lakeville – Zoning Ordinance; Annual review/update (2024)
TPC FILE: 135.01
BACKGROUND
The Planning Department initiates an annual review of the Zoning Ordinance, Subdivision
Ordinance, and/or City Code to address issues identified in the course of ongoing administration
of the City’s development regulations and review of development applications. An initial work
session was held by the Planning Commission on February 8, 2024 to discuss the list of topics
compiled by City staff during the prior year to provide direction as to possible amendments. City
staff and our office have collaborated on drafting of proposed amendment language addressing
the comments provided by the Planning Commission to be considered at a public hearing noticed
for April 25, 2024. The proposed amendments are attached to this memorandum with text to be
deleted stricken and added text double underlined.
Exhibits:
▪Draft ordinance
ANALYSIS
Outlot Subdivision. Section 10-1-5 of the Subdivision Ordinance outlining processes for
administrative subdivisions is to be amended to state that subdivision of an outlot requires
application for a preliminary plat and final plat. As written, the administrative subdivision process
states that a “lot” may be subdivided with administrative approval. The proposed amendment
provides clarity that use of the term “lot” specifically excludes a request involving an outlot.
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Subdivision Applications. Chapter 2 of the Subdivision Ordinance establishes procedures for
subdivision applications. The current provisions require applicants to submit multiple paper
copies of application information for City staff review. However, the City currently accepts and
encourages application information to be submitted electronically. The proposed amendments
eliminate the requirement for hard copies of information to be submitted. The proposed
amendment also revises the number of days for City staff to inform an applicant if the application
is complete to be the 15 days as required by Minnesota Statutes 15.99.
Zoning Definitions. The proposed amendments include revising the definitions of auto repair
(minor), commercial uses, daycare facility, and religious institution. Definitions are to be added
for adult education, funeral home or mortuary, micro unit (dwelling), and scared community.
Natural Landscaping. In 2023, the Legislature passed and the Governor signed a law requiring
that cities allow for installation of natural landscaping. Section 11-21-7 of the Zoning Ordinance
regulating General Mandatory Landscaping and Maintenance is to be amended to establish that
natural landscaping is to be allowed within private yards subject to approval of an Administrative
Permit by the Zoning Administrator. A planting and maintenance plan is to be submitted with
application for the Administrative Permit detailing a planting diagram showing the location and
mature height of all specimens of natural landscaping, information on the upkeep of each
specimen, details for long term maintenance required for natural landscaping. There is an
additional requirement that the natural landscaping be setback 10 feet from any property line
and five feet from any public right-of-way.
Plant Sizes. City staff is recommending that the minimum evergreen tree size requirements
established by Section 11-21-9.C.1 be reduced from eight feet to six feet. There is less available
nursery stock meeting the minimum eight foot height requirement. The City Forester has
indicated support for the proposed amendment to these requirements. This change also requires
amendment of Section 11-21-9.E.5.a of the Zoning Ordinance, which specifies the minimum
screening height for residential buffer yards.
Outdoor Storage. City staff is recommending the following amendments related to accessory
outdoor storage uses:
▪Amendment of Section 11-22-5.D of the Zoning Ordinance to require outdoor storage of
land/sea containers or semi-trailers on an asphalt, concrete, or paver surface with
perimeter concrete curb, unless the City Engineer approves an exemption of the curb for
stormwater management purposes. This amendment is consistent with the language in
Section 11-22-5.B of the Zoning Ordinance for general outdoor storage uses. City staff
recommends this change for consistency and also increased environmental protection
within Shoreland Overlay Districts and the Vermillion River Watershed.
▪The O-P Office Park District lists standards in 11-75-13 of the Zoning Ordinance for
outdoor storage. However, outdoor storage is not listed as a permitted accessory use in
Section 11-75-5 of the Zoning Ordinance. City staff recommends amending Section 11-75-
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5 of the Zoning Ordinance to include outdoor storage as a permitted accessory use,
provided compliance with Section 11-75-13.J of the Zoning Ordinance.
Education Uses. Public and private education institutions limited to accredited elementary,
middle or junior high, and senior high schools are a conditional use within residential zoning
districts. Community preschool, latchkey, and adult education facilities are conditional uses
within the commercial zoning districts. City staff is recommending the following amendments
related to education uses:
▪Allowance of elementary, middle, and senior high schools as conditional uses in
residential districts is expanded to include preschool, head start, early childhood
education, and adult education as inclusive of such programs.
▪The definition of daycare, and performance standards for daycare uses set forth in
Chapter 31, and the listing of daycares as allowed uses within the respective zoning
districts are to be amended to include early childhood education and head start education
programs. Including early childhood education and head start programs within the
definition and performance standards for daycares makes these programs allowed in
residential, commercial, and industrial zoning districts the same as daycares.
▪The terms daycare, early childhood education, and early start education programs replace
use of the term latchkey, which is an older term generally used to describe afterschool
care for students. Currently, before- and after-school care is available to students at all
elementary schools in ISD 194. This type of program is now standard at schools and is
utilized by the students attending that same elementary school. City staff recommends
that Latchkey as a separate use be eliminated in the Zoning Ordinance.
▪Adult education facilities are added as permitted uses within the M-1, M-2, O-R, C-1, C-2,
and C-3 Districts.
Home Occupations. The Zoning Ordinance presently does not allow home occupations to have
employees that are not residents of the premises. With continuing changes to the office work
environments since the COVID-19 Pandemic, City staff is recommending that Section 11-32-7.K
of the Zoning Ordinance be amended to allow one non-resident employee to work at a home
occupation not involving on-site services provided off-street parking is available.
Sacred Communities. The Legislature passed and Governor signed in to law provisions allowing
religious institutions to locate micro dwelling units on their campus for the purpose of providing
expanded affordable housing options. The Statute provides that cities must allow for these
dwellings regulated only to the extent specified by the law. As such, provisions referencing the
performance standards outlined by Statute for micro dwelling units within scared communities
have been added to the specialized housing provisions in Section 33 of the Zoning Ordinance and
allowances for religious institutions in the various zoning districts are to be amended to allow
scared communities as a conditional use.
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Motor Fuel Facility Signs. In 2023, the Zoning Ordinance was amended to allow signage on a
motor vehicle fuel canopy in addition to a wall sign on the building. It was identified that minor
updates needed to be made to language in Chapter 37 of the Zoning ordinance to be consistent
with the changes made in Chapter 23 of the Zoning Ordinance regulating signs.
Transition Requirements. The 2000 Zoning Ordinance included establishment of RM, Medium
Density Residential Districts and RH, High Density Residential Districts to provide for
development of townhouse and multiple family uses through conventional zoning districts with
standardized performance standards opposed to the PUD, Planned Unit Development District
approach that had been common practice previously.
The transition requirement is intended to address development of areas guided for medium and
high-density residential uses as guided by the 1998 Comprehensive Plan adjacent to existing
developed single-family subdivisions that zoned RS-1, RS-2, and RS-3 Districts. In 2010, the
Zoning Ordinance was amended to include the RS-4, Single Family Residential District with
smaller minimum lot area and lot width requirements than the RS-1, RS-2, and RS-3 Districts. Our
office recommends that the transition provisions be amended to remove the application for
these requirements when abutting an RS-4 District.
The lot area and width requirements of the RS-4 District serve as a transitional land use when
located adjacent to medium and high-density residential land uses. The transition requirements
allow for the transition requirement to be satisfied by uses within the RST-2 District, which
includes single family uses meeting RS-4 District standards. We would further recommend that
the transition requirements be amended to apply when abutting RS-1, RS-2, and RS-3 Districts
within the MUSA consistent with the original purpose of buffering existing single-family
subdivisions from new medium and high-density residential development.
Commercial Car Washes. City staff is proposing
amendment of the performance standards for
commercial car washes allowed within the C-2,
C-3, and M-1 Districts as conditional uses in
order to mitigate potential noise impacts. These
standards include a requirement that the door of
the car wash be closed while in operation when
the use is within 500 feet of a residential district
and that vacuums be limited to 70 decibels levels
at the property line. Car washes are to be
removed from the C-1 District.
M-2 District Uses. The Planning Commission had discussion with Oppidan Development, Inc.
regarding a potential development at Cedar Avenue (CSAH 23) and 179th Street (CSAH 9) as to
appropriate uses given the current character of mixed use and commercial development. The M-
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2 District was developed following adoption of the 2018 Lakeville Comprehensive Plan to provide
for mixed use development similar in character to that of Arbor Lakes in Maple Grove or Heart
of the City in Burnsville.
I-1 District Uses. Many of the buildings located within the Air Lake Industrial Park are older and
are smaller in size and were constructed with lower ceiling clearances than those facilities
constructed in recent years. To ensure the viability of these buildings, City staff would like to
consider additional uses be appropriate within the I-1 District that includes most of these
properties.
▪Adding permitted uses including commercial catering businesses, indoor firearms and
archery ranges and instructional classes.
▪Moving outdoor civic events and servicing of motor freight and heavy construction
vehicles from permitted uses to uses allowed by administrative permit as the uses include
specific performance standards that need to be approved by City staff.
▪Moving indoor enclosed accessory retail, commercial recreation, and daycare facilities
from conditional uses to uses allowed by administrative permit to expedite the review
process.
▪Adding as uses by administrative permit fitness centers and health clubs, motor vehicle
sales, leasing, or rental (without outdoor storage or display), and veterinary services.
Future Topics. The topics addressed by the proposed amendments involve relatively basic
changes to single performances standards for current best practices or changes intended to
facilitate ease of the development approval process. Larger scale changes require additional
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review by the Planning Commission based on more on establishment of policy include the
following topics that will be presented at a future date:
▪Comprehensive revision of Chapter 19 regulating off-street parking stall to update for
best management practices, clarity, and ease of use and reference.
▪
▪Comprehensive revision of Chapter 23 regulating signs to clarity, and ease of use and
reference.
▪Review options for increasing density allowances for medium and high-density residential
development meeting affordable housing requirements.
▪Consideration of expanded options for uses within mixed-use and commercial zoning
districts reflecting current retail, service, and office development trends.
CONCLUSION
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ORDINANCE NO.________
Section 10-1-5 of the Subdivision Ordinance (General Subdivision Provisions
- Administrative Subdivisions) is hereby amended to include the following provision:
D. Any subdivision of an outlot shall be processed as a preliminary and final plat in
accordance with this title.
Section 10-2-1 of the Subdivision Ordinance (Procedures for Filing and
Review – Sketch Plan) is hereby amended to read as follows:
In order to ensure that all applicants are informed of the procedural
requirements and minimum standards of this title, and the requirements or limitations imposed by
other city ordinances, plans and/or policies, prior to the preparation of a preliminary plat, all
applicants shall present a sketch plan to the zoning administrator prior to filing a preliminary plat.
Approval of the sketch plan shall not be considered binding in regard to subsequent plat review.
The zoning administrator, notably in the case of multiphased projects, shall have the authority to
refer the sketch plan to the planning commission and/or city council for review and comment. The
sketch plan submission shall include, but not be limited to, electronic files of the following:
A. Formal request for subdivision.
B. Ten (10) copies of the A plat sketch plan at a scale not less than one inch equals one
hundred feet (1" = 100').
C. An eight and one-half inch by eleven inch (81/2" x 11") reduction of the sketch plan.
DC. Escrow deposit to pay review costs of city staff and consultants.
ED. In cases of multiphased subdivisions, applicable preliminary plat submission information
as regulated by section 10-3-2 of this title.
Section 10-2-2.A of the Subdivision Ordinance (Procedures for Filing and
Review - Preliminary Plat) is hereby amended to read as follows:
A. Filing: Ten (10) copies of theThe preliminary plat including all information outlined in
section 10-3-2 of this title and list of property owners located within five hundred feet (500')
of the subject property obtained from and certified by an abstract company, shall be
submitted as electronic files to the zoning administrator. The required filing fee(s) as
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established by city council resolution shall be paid and any necessary applications for
variances from the provisions of this title shall be submitted with the required fee. The plat
shall be officially submitted when all the information requirements are complied with. In
cases where an application is judged to be incomplete, the zoning administrator shall
notify the applicant, in writing, within fifteen (15) days of the date of submission.
Section 4. Section 10-2-3.B of the Subdivision Ordinance (Procedures for Filing and
Review – Common Interest Communities) is hereby amended to read as follows:
B. Review: A request for common interest community approval, as provided within this title,
shall be filed with the zoning administrator on an official application form. Unless modified
by the zoning administrator, such application shall be accompanied by a fee as provided
for by city council resolution. Such application shall also be accompanied by detailed
written and graphic materials fully explaining the proposed common interest community.
The request shall be considered as being officially submitted when all the information
requirements are satisfied. In cases where an application is judged to be incomplete, the
zoning administrator shall notify the applicant, in writing, within ten (10)fifteen (15) days of
the date of submission.
Section 5. Section 10-2-3.C.1 of the Subdivision Ordinance (Procedures for Filing and
Review – Common Interest Communities) is hereby amended to read as follows:
1. Five (5) copiesElectronic files shall be submitted to the zoning administrator of the
following information regarding the common interest community, including:
a. All information outlined in section 10-3-3 of this title as determined
applicable by the zoning administrator.
b. Proposed declaration and bylaws prepared in accordance with Minnesota
Statutes 515B, as may be amended.
Section 6. Section 10-2-4.A of the Subdivision Ordinance (Procedures for Filing and
Review - Final Plat) is hereby amended to read as follows:
A. Review: After the preliminary plat has been approved, the final plat shall be submitted for
review as set forth in the subsections which follow. The city may agree to review the
preliminary and final plats simultaneously. Request for final plat approval, as provided
within this title, shall be filed with the zoning administrator on an official application form.
Unless modified by the zoning administrator, such application shall be accompanied by a
fee as provided for by city council resolution. Such application shall also be accompanied
by detailed written and graphic materials fully explaining the proposed final plat. The
request shall be considered as being officially submitted when all the information
requirements are satisfied. In cases where an application is judged to be incomplete, the
zoning administrator shall notify the applicant, in writing, within ten (10) fifteen (15) days
of the date of submission.
Section 7. Section 10-2-4.B.1 of the Subdivision Ordinance (Procedures for Filing and
Review - Final Plat) is hereby amended to read as follows:
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1. Five (5) copies of theThe final plat including all information outlined in section 10-3-3 of
this title shall be submitted as electronical files to the zoning administrator.
Section 8. Section 11-2-3 of the Zoning Ordinance (Rules and Definitions - Definitions)
is hereby amended to revise the following definitions and list them alphabetically:
COMMERCIAL USE: The principal use of land or buildings for the sale, lease, rental or trade of
products, goods, and services., including, but not limited to, the following unless specifically
defined by this title:
A. Office (General)OFFICE (GENERAL): An establishment located within a building or
portion of a building for the conduct of business activities involving predominantly
professional, or administrative service operations including attorneys, financial advisors,
consultants, insurance, and other uses of similar character.
B. Office (Medical)OFFICE (MEDICAL): An establishment located within a building or portion
of a building for the conduct of business activities involving predominantly professional
medical or dental service operations, outpatient health services, and other uses of similar
character.
C. Restaurant (Convenience)RESTAURANT (CONVENIENCE): An establishment that
serves food and/or beverages, in or on disposable or edible containers, for consumption
on or off premises, including drive-in restaurants, and including drive- through facilities.
D. Restaurant (General)RESTAURANT (GENERAL): An establishment which serves food in
or on nondisposable dishes to be consumed primarily while seated at tables or booths
within the building.
E. Retail BusinessRETAIL BUSINESS: An establishment engaged in the display and sale of
products produced off site directly to consumers within a building or portion of a building,
excluding any exterior display and sales.
F. Service Business (Off Site)SERVICE BUSINESS (OFF SITE): A company that provides
labor, maintenance, repair and activities incidental to business production or distribution
where the service is provided at the customer's location, including delivery services,
catering services, plumbing and sewer services, and other uses of similar character.
G. Service Business (On Site)SERVICE BUSINESS (ON SITE): An establishment that
provides labor, maintenance, repair and activities incidental to business production or
distribution where the customer patronizes the location of the operation, such as banks,
copy centers, barber/beauty salons, tanning salons, laundromats, dry cleaners, funeral
homes and mortuaries, animal grooming, appliance repair, tailor shops, travel bureaus,
but not including auto repair (major or minor).
Section 9. Section 11-2-3 of the Zoning Ordinance (Rules and Definitions - Definitions)
is hereby amended to revise the following definitions:
AUTOMOBILE REPAIR, MINOR: Installation, including cellular telephones, audio electronics
systems, and minor repairs, upholstering, replacement of parts (tires, glass, etc.), exterior and
interior detailing, window tinting, and minor motor services to passenger automobiles and trucks
not exceeding twelve thousand (12,000) pounds' gross weightclassified by the Federal Highway
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Administration as Class 3 or smaller, but not including any operation specified under the definition
of "automobile repair, major" in this section.
Section 10. Section 11-2-3 of the Zoning Ordinance (Rules and Definitions - Definitions)
is hereby amended to add the following definitions:
Section 11. Section 11-21-7 of the Zoning Ordinance (Fencing/Screening/Landscaping
– General Mandatory Landscaping and Maintenance) is hereby amended to include the following
provisions with subsequent sections renumbered accordingly:
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(2) Location of principal and accessory buildings.
(3) Any drainage and utilities easements upon the property.
(4) Boundaries of wetlands, wetland buffers, required buffer yards,
stormwater basins, drainageways or public waters within the
property.
(5) Location of the proposed natural landscaping.
c. Latin and common names of the species the property owner or occupant
plans to cultivate.
d. Name and address of the person(s) who will be responsible for
maintenance of the natural landscaping.
e. A maintenance plan, which shall contain the following:
(1) Planting diagram showing the location and mature height of all
specimens of natural landscaping; and
(2) Detailed information on the upkeep of each specimen; and
(3) Details of any long term maintenance required for natural
landscaping; and
(4) Other information as may be required by the Zoning Administrator.
2. Setbacks. Natural landscaping shall be set back ten feet (10') from any lot line
abutting a public right-of-way and five feet (5') from interior side and rear lot lines.
Section 12. Section 11-21-9.C.1 of the Zoning Ordinance
(Fencing/Screening/Landscaping – Required Screening and Landscaping) is hereby amended to
revise the following row:
Coniferous evergreen trees 86 feet
Section 13. Section 11-21-9.E.5.a of the Zoning Ordinance
(Fencing/Screening/Landscaping – Required Screening and Landscaping) is hereby amended to
read as follows:
a. Buffer Yards: Except where natural vegetation is acceptable, buffer yards
shall contain a combination of earth berms, plantings, or privacy fencing of
a sufficient density to provide a minimum visual screen and a reasonable
buffer a minimum height of ten feet (10')eight feet (8’):
(1) The height of the buffer yard shall be measured along a line drawn
at the back of the curb of the roadway, or the edge of bituminous,
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to the ground elevation at the rear line of the building pad to the
height of the plantings to be installed as defined by this section.
(2) Where the grade elevation of the first floor of the building for which
the buffer is providing protection is more than ten feet (10')eight feet
(8’) above the grade of an adjacent major collector or arterial street,
the minimum screening height requirements of this section shall not
apply.
(3) Where the grade elevation of the first floor of the building for which
the buffer is providing protection is more than six feet (6') below the
centerline grade of an adjacent major collector or arterial street, the
minimum screening height requirements shall be reduced by four
feet (4') along major collector or arterial streets.
Section 14. Section 11-22-7.D of the Zoning Ordinance (Outdoor Storage – Land/Sea
Containers or Parking of Semitractor Trailers) is hereby amended to read as follows:
D. Surface: All land/sea containers and semitractor trailers used for outdoor storage shall be
parked on a concrete, bituminous, one hundred percent (100%) crushed rock, or crushed
concrete surfaceThe area upon which the land/sea containers and semitractor trailers are
located shall be surfaced with asphalt, concrete or pavers with perimeter concrete curb,
unless the city engineer exempts all or portions of the curb for stormwater management
purposes.
Section 15. Section 11-31-1 of the Zoning Ordinance (Daycares – Purpose) is hereby
amended to read as follows:
11-31-1: PURPOSE: The regulation of daycare, head start, and early childhood education
facilities in this title (herein after “daycare” or “daycares”) is to establish standards and procedures
by which daycare facilities can be conducted within the City without jeopardizing the health,
safety, and general welfare of the daycare participants and/or the surrounding neighborhood. This
chapter establishes the City's minimum requirements for the establishment of a daycare facility
not allowed established in accordance with Minnesota Statutes as permitted uses.
Section 16. Section 11-31-3.A of the Zoning Ordinance (Daycares – Application) is
hereby amended to read as follows:
A. Conditional Use: Daycare facilities, except as otherwise provided for, shall be allowed as
a conditional use within the zoning districts established by chapter 45 of this title, subject
to the regulations and requirements of chapter 4 of this title. In addition to the City
regulation, all daycare facility operations shall comply with the minimum requirements of
the applicable Minnesota Department of Human Services regulations.
Section 17. Section 11-31-7 of the Zoning Ordinance (Daycares – Nonconforming Use)
is hereby repealed:
11-31-7: NONCONFORMING USE: Existing daycare facilities lawfully existing on the effective
date hereof may continue as nonconforming uses. They shall, however, be required to obtain
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applicable State and City permits for their continued operation. Any existing daycare facility that
is discontinued for a period of more than thirty (30) days, or is in violation of the title provisions
under which it was initially established, shall be brought into conformity with the provisions of this
chapter.
Section 18. Section 11-32-7.K of the Zoning Ordinance (Home Occupations – General
Provisions) is hereby amended to read as follows:
Section 19. Chapter 33 of the Zoning Ordinance (Specialized Housing) is hereby
amended to include the following provisions:
11-33-7: SACRED COMMUNITIES:
.
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fixtures required for an R-2 boarding house under Minnesota Rules, part
1305.2902.
3. Any units that are plumbed shall not be included in determining the minimum
number of fixtures required for the common facilities.
D. Setbacks. Micro units shall be setback a minimum of ten feet (10;) from other structures
or property lines.
E. Insurance. Micro units within a scared community as allowed by this section shall be
appropriately insured.
F. Occupancy. Between one third (1/3) and forty (40) percent of the micro units shall be
occupied by designated volunteers as defined by Minnesota Statutes 327.30, Subd. 1.
G. Annual Certification. The religious institutional shall annually certify to the Zoning
Administrator that it has complied with the eligibility requirements set forth by Minnesota
Statutes 327.30, Subd. 2 for residents dwelling in micro units within a scared community
allowed by this section.
Section 20. Section 11-37-3.E.6.b(4) of the Zoning Ordinance (Motor Vehicle Fuel
Facilities – Motor Vehicle Fuel Sales, Not Including Truck Stops or Automobile Repair) is hereby
repealed:
(4) The use of contrasting colors upon the canopy elevations shall be
in lieu of a walls sign(s) mounted upon the principal building.
Section 21. Section 11-37-3.F.4 of the Zoning Ordinance (Motor Vehicle Fuel Facilities
– Motor Vehicle Fuel Sales, Not Including Truck Stops or Automobile Repair) is hereby amended
to read as follows:
4. Canopy lighting shall consist of canister spotlights recessed into the canopy with
no portion of the light source or fixture extending below the bottom face of the
canopy. Total canopy illumination may not exceed the limits established by
subsection 11-16-17.A of this title. The fascia of the canopy shall not be illuminated
except as allowed by Section 11-37-3.E.6 of this title.
Section 22. Section 11-37-3.F.6 of the Zoning Ordinance (Motor Vehicle Fuel Facilities
– Motor Vehicle Fuel Sales, Not Including Truck Stops or Automobile Repair) is hereby amended
to read as follows:
6. Signage may be allowed on a detached canopy in lieu of wall signage on the
principal structure as provided for by Section 11-23-15.O of this title, provided that:
a. The individual canopy sign does not exceed more than twenty percent
(20%) of the canopy facade facing a public right-of-way.
b. The canopy fascia shall not be illuminated, except for permitted canopy
signage.
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Section 23. Section 11-37-7.B.6.f(2)(D) of the Zoning Ordinance (Motor Vehicle Fuel
Facilities –Truck Stops) is hereby repealed:
(D) The use of contrasting colors upon the canopy elevations
shall be in lieu of a walls sign(s) mounted upon the principal
building.
Section 24. Section 11-37-7.B.7.d of the Zoning Ordinance (Motor Vehicle Fuel Facilities
–Truck Stops) is hereby amended to read as follows:
d.Canopy lighting shall consist of canister spotlights recessed into the canopy
with no portion of the light source or fixture extending below the bottom
face of the canopy. Total canopy illumination may not exceed the limits
established by subsection 11-16-17.A of this title. The fascia of the canopy
shall not be illuminated except as allowed by Section 11-37-7.B.6.f of this
title.
Section 25. Section 11-37-7.B.7.f of the Zoning Ordinance (Motor Vehicle Fuel Facilities
–Truck Stops) is hereby amended to read as follows:
f. Signage may be allowed on a detached canopy in lieu of wall signage on
the principal structure as provided for by Section 11-23-15.O of this title,
provided that:
(1) The individual canopy sign does not exceed more than twenty
percent (20%) of the canopy facade facing a public right-of-way.
(2) The canopy fascia shall not be illuminated, except for permitted
canopy signage.
Section 26. Section 11-50-7.A of the Zoning Ordinance (RS-1 District – Conditional Uses)
is hereby amended to read as follows:
A. Daycare, head start, and early childhood education facilities as a principal or an accessory
use provided that the use complies with the provisions of chapter 31 of this title.
Section 27. Section 11-50-7.D of the Zoning Ordinance (RS-1 District – Conditional Uses)
is hereby amended to read as follows:
D. Government buildings and structures; public or quasi-public or private recreational
buildings and neighborhood or community centers; public and private educational
institutions limited to accredited elementary, middle or junior high and senior high school,
including preschool, head start, early childhood education, before and after school care,
and adult education programing,; and religious institutions such as churches, chapels,
temples, and synagogues provided that side yards shall be double that required for the
district, but no greater than thirty feet (30').
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Section 28. Section 11-50-7 of the Zoning Ordinance (RS-1 District – Conditional Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
G. Religious institutions, provided that:
1. Minimum side yards shall be double that required for the district, but no greater
than thirty feet (30').
2. Dwelling in micro units within a sacred community shall be allowed subject the
provisions of section 11-33-7 of this title.
Section 29. Section 11-51-7.A of the Zoning Ordinance (RS-2 District – Conditional Uses)
is hereby amended to read as follows:
A. Daycare, head start, and early childhood education facilities as a principal or an accessory
use provided that the use complies with the provisions of chapter 31 of this title.
Section 30. Section 11-51-7.D of the Zoning Ordinance (RS-2 District – Conditional Uses)
is hereby amended to read as follows:
D. Government buildings and structures; public or quasi-public or private recreational
buildings and neighborhood or community centers; public and private educational
institutions limited to accredited elementary, middle or junior high and senior high school,
including, preschool, head start, early childhood education, before and after school care,
and adult education programing,; and religious institutions such as churches, chapels,
temples, and synagogues provided that side yards shall be double that required for the
district, but no greater than thirty feet (30').
Section 31. Section 11-51-7 of the Zoning Ordinance (RS-2 District – Conditional Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
G. Religious institutions, provided that:
1. Minimum side yards shall be double that required for the district, but no greater
than thirty feet (30').
2. Dwelling in micro units within a sacred community shall be allowed subject the
provisions of section 11-33-7 of this title.
Section 32. Section 11-52-7.A of the Zoning Ordinance (RS-3 District – Conditional Uses)
is hereby amended to read as follows:
A. Daycare, head start, and early childhood education facilities as a principal or an accessory
use provided that the use complies with the provisions of chapter 31 of this title.
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Section 33. Section 11-52-7.D of the Zoning Ordinance (RS-3 District – Conditional Uses)
is hereby amended to read as follows:
D. Government buildings and structures; public or quasi-public or private recreational
buildings and neighborhood or community centers; public and private educational
institutions limited to accredited elementary, middle or junior high and senior high school,
including preschool, head start, early childhood education, before and after school care,
and adult education programing,; and religious institutions such as churches, chapels,
temples, and synagogues provided that side yards shall be double that required for the
district, but no greater than thirty feet (30').
Section 34. Section 11-52-7 of the Zoning Ordinance (RS-3 District – Conditional Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
G. Religious institutions, provided that:
1. Minimum side yards shall be double that required for the district, but no greater
than thirty feet (30').
2. Dwelling in micro units within a sacred community shall be allowed subject the
provisions of section 11-33-7 of this title.
Section 35. Section 11-53-7.A of the Zoning Ordinance (RS-4 District – Conditional Uses)
is hereby amended to read as follows:
A. Daycare, head start, and early childhood education facilities as a principal or an accessory
use provided that the use complies with the provisions of chapter 31 of this title.
Section 36. Section 11-53-7.D of the Zoning Ordinance (RS-4 District – Conditional Uses)
is hereby amended to read as follows:
D. Government buildings and structures; public or quasi-public or private recreational
buildings and neighborhood or community centers; public and private educational
institutions limited to accredited elementary, middle or junior high and senior high school,
including preschool, head start, early childhood education, before and after school care,
and adult education programing,; and religious institutions such as churches, chapels,
temples, and synagogues provided that side yards shall be double that required for the
district, but no greater than thirty feet (30').
Section 37. Section 11-53-7 of the Zoning Ordinance (RS-4 District – Conditional Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
G. Religious institutions, provided that:
1. Minimum side yards shall be double that required for the district, but no greater
than thirty feet (30').
12
2. Dwelling in micro units within a sacred community shall be allowed subject the
provisions of section 11-33-7 of this title.
Section 38. Section 11-54-7.A of the Zoning Ordinance (RS-CBD District – Conditional
Uses) is hereby amended to read as follows:
A. Daycare, head start, and early childhood education facilities as a principal or an accessory
use provided that the use complies with the provisions of chapter 31 of this title.
Section 39. Section 11-54-7.C of the Zoning Ordinance (RS-CBD District – Conditional
Uses) is hereby amended to read as follows:
C. Government buildings and structures; public or quasi-public or private recreational
buildings and neighborhood or community centers; public and private educational
institutions limited to accredited elementary, middle or junior high and senior high school,
including preschool, head start, early childhood education, before and after school care,
and adult education programing,; and religious institutions such as churches, chapels,
temples, and synagogues provided that side yards shall be double that required for the
district, but no greater than thirty feet (30').
Section 40. Section 11-54-7 of the Zoning Ordinance (RS-CBD District – Conditional
Uses) is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
G. Religious institutions, provided that:
1. Minimum side yards shall be double that required for the district, but no greater
than thirty feet (30').
2. Dwelling in micro units within a sacred community shall be allowed subject the
provisions of section 11-33-7 of this title.
Section 41. Section 11-55-7.A of the Zoning Ordinance (RSMH District – Conditional
Uses) is hereby amended to read as follows:
A. Daycare, head start, and early childhood education facilities as a principal or an accessory
use provided that the use complies with the provisions of chapter 31 of this title.
Section 42. Section 11-55-7.D of the Zoning Ordinance (RSMH District – Conditional
Uses) is hereby amended to read as follows:
D. Government buildings and structures; public or quasi-public or private recreational
buildings and neighborhood or community centers; public and private educational
institutions limited to accredited elementary, middle or junior high and senior high school,
including preschool, head start, early childhood education, before and after school care,
and adult education programing,; and religious institutions such as churches, chapels,
temples, and synagogues provided that side yards shall be double that required for the
district, but no greater than thirty feet (30').
13
Section 43. Section 11-55-7 of the Zoning Ordinance (RSMH District – Conditional Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
G. Religious institutions, provided that:
1. Minimum side yards shall be double that required for the district, but no greater
than thirty feet (30').
2. Dwelling in micro units within a sacred community shall be allowed subject the
provisions of section 11-33-7 of this title.
Section 44. Section 11-55-7.A of the Zoning Ordinance (RST-1 District – Conditional
Uses) is hereby amended to read as follows:
A. Daycare, head start, and early childhood education facilities as a principal or an accessory
use provided that the use complies with the provisions of chapter 31 of this title.
Section 45. Section 11-56-7.D of the Zoning Ordinance (RST-1 District – Conditional
Uses) is hereby amended to read as follows:
D. Government buildings and structures; public or quasi-public or private recreational
buildings and neighborhood or community centers; public and private educational
institutions limited to accredited elementary, middle or junior high and senior high school,
including preschool, head start, early childhood education, before and after school care,
and adult education programing,; and religious institutions such as churches, chapels,
temples, and synagogues provided that side yards shall be double that required for the
district, but no greater than thirty feet (30').
Section 46. Section 11-56-7 of the Zoning Ordinance (RST-1 District – Conditional Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
H. Religious institutions, provided that:
1. Minimum side yards shall be double that required for the district, but no greater
than thirty feet (30').
2. Dwelling in micro units within a sacred community shall be allowed subject the
provisions of section 11-33-7 of this title.
Section 47. Section 11-57-7.A of the Zoning Ordinance (RST-2 District – Conditional
Uses) is hereby amended to read as follows:
A. Daycare, head start, and early childhood education facilities as a principal or an accessory
use provided that the use complies with the provisions of chapter 31 of this title.
14
Section 48. Section 11-57-7.D of the Zoning Ordinance (RST-2 District – Conditional
Uses) is hereby amended to read as follows:
D. Government buildings and structures; public or quasi-public or private recreational
buildings and neighborhood or community centers; public and private educational
institutions limited to accredited elementary, middle or junior high and senior high school,
including preschool, head start, early childhood education, before and after school care,
and adult education programing,; and religious institutions such as churches, chapels,
temples, and synagogues provided that side yards shall be double that required for the
district, but no greater than thirty feet (30').
Section 49. Section 11-57-7 of the Zoning Ordinance (RST-2 District – Conditional Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
H. Religious institutions, provided that:
1. Minimum side yards shall be double that required for the district, but no greater
than thirty feet (30').
2. Dwelling in micro units within a sacred community shall be allowed subject the
provisions of section 11-33-7 of this title.
Section 50. Section 11-58-9.A of the Zoning Ordinance (RM-1 District – Conditional
Uses) is hereby amended to read as follows:
A. Daycare, head start, and early childhood education facilities as a principal or an accessory
use provided that the use complies with the provisions of chapter 31 of this title.
Section 51. Section 11-58-9.D of the Zoning Ordinance (RM-1 District – Conditional
Uses) is hereby amended to read as follows:
D. Government buildings and structures; public or quasi-public or private recreational
buildings and neighborhood or community centers; public and private educational
institutions limited to accredited elementary, middle or junior high and senior high school,
including preschool, head start, early childhood education, before and after school care,
and adult education programing,; and religious institutions such as churches, chapels,
temples, and synagogues provided that side yards shall be double that required for the
district, but no greater than thirty feet (30').
Section 52. Section 11-58-9 of the Zoning Ordinance (RM-1 District – Conditional Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
H. Religious institutions, provided that:
1. Minimum side yards shall be double that required for the district, but no greater
than thirty feet (30').
15
2. Dwelling in micro units within a sacred community shall be allowed subject the
provisions of section 11-33-7 of this title.
Section 53. Section 11-58-25 of the Zoning Ordinance (RM-1 District – Transition
Requirement) is hereby amended to read as follows:
11-58-25: TRANSITION REQUIREMENT: Any RM-1 zoned property abutting an RS-1, RS-
2, or RS-3, RS-4, RS-CBD district within the MUSA shall have a minimum of one tier of single-
family detached, two-family dwelling lots, or detached townhomes bordering such a district and
shall be subject to the lot and design standards of the RST-2 district. Exemptions to the provisions
of this section may be granted at the time of preliminary plat approval, provided one or more of
the following conditions exist:
A. The properties are separated by a major collector or arterial street.
B. The abutting land use is a nonresidential use allowed in the district in which it is located.
C. The properties are separated by a railroad right of way, wetland, water body, floodplain,
public open space, park or other such similar publicly reserved and development restricted
area with a minimum width of one hundred feet (100') across its entire length.
D. The properties are separated by a buffer yard subject to the following provisions:
1. The buffer yard shall be a minimum width of twenty feet (20') across its entire length
for properties separated by a minor collector or local street right of way. The buffer
yard separation between properties not divided by a minor collector or local street
right of way shall be sixty feet (60').
2. The buffer yard is installed in accordance with requirements for a buffer yard
providing a minimum ten foot (10') screening height, subject to subsection 11-21-
9.E of this title.
3. There shall be no direct unit access from the RM-1 district use through the buffer
yard to any minor collector or local street separating the properties.
E. The requirements of this section shall not apply to any RM-1 zoned property abutting an
RS-1, RS-2, or RS-3, RS-4, RS-CBD district within the same preliminary plat.
Section 54. Section 11-59-9.A of the Zoning Ordinance (RM-2 District – Conditional
Uses) is hereby amended to read as follows:
A. Daycare, head start, and early childhood education facilities as a principal or an accessory
use provided that the use complies with the provisions of chapter 31 of this title.
Section 55. Section 11-59-9.D of the Zoning Ordinance (RM-2 District – Conditional
Uses) is hereby amended to read as follows:
D. Government buildings and structures; public or quasi-public or private recreational
buildings and neighborhood or community centers; public and private educational
institutions limited to accredited elementary, middle or junior high and senior high school,
16
including preschool, head start, early childhood education, before and after school care,
and adult education programing,; and religious institutions such as churches, chapels,
temples, and synagogues provided that side yards shall be double that required for the
district, but no greater than thirty feet (30').
Section 56. Section 11-59-9 of the Zoning Ordinance (RM-2 District – Conditional Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
H. Religious institutions, provided that:
1. Minimum side yards shall be double that required for the district, but no greater
than thirty feet (30').
2. Dwelling in micro units within a sacred community shall be allowed subject the
provisions of section 11-33-7 of this title.
Section 57. Section 11-59-25 of the Zoning Ordinance (RM-2 District – Transition
Requirement) is hereby amended to read as follows:
11-59-25: TRANSITION REQUIREMENT: Any RM-2 zoned property abutting an RS-1, RS-
2, or RS-3, RS-4, RS-CBD district within the MUSA shall have a minimum of one tier of single-
family detached, two-family dwelling lots, or detached townhomes bordering such a district and
shall be subject to the lot and design standards of the RST-2 district. Exemptions to the provisions
of this section may be granted at the time of preliminary plat approval, provided one or more of
the following conditions exist:
A. The properties are separated by a major collector or arterial street.
B. The abutting land use is a nonresidential use allowed in the district in which it is located.
C. The properties are separated by a railroad right of way, wetland, water body, floodplain,
public open space, park or other such similar publicly reserved and development restricted
area with a minimum width of one hundred feet (100') across its entire length.
D. The properties are separated by a buffer yard subject to the following provisions:
1. The buffer yard shall be a minimum width of twenty feet (20') across its entire length
for properties separated by a minor collector or local street right of way. The buffer
yard separation between properties not divided by a minor collector or local street
right of way shall be sixty feet (60').
2. The buffer yard is installed in accordance with requirements for a buffer yard
providing a minimum ten foot (10') screening height, subject to subsection 11-21-
9.E of this title.
3. There shall be no direct unit access from the RM-2 district use through the buffer
yard to any minor collector or local street separating the properties.
E. The requirements of this section shall not apply to any RM-2 zoned property abutting an
RS-1, RS-2, or RS-3, RS-4, RS-CBD district within the same preliminary plat.
17
Section 58. Section 11-60-9.A of the Zoning Ordinance (RS-2 District – Conditional Uses)
is hereby amended to read as follows:
A. Daycare, head start, and early childhood education facilities as a principal or an accessory
use provided that the use complies with the provisions of chapter 31 of this title.
Section 59. Section 11-60-9.C of the Zoning Ordinance (RM-3 District – Conditional
Uses) is hereby amended to read as follows:
C. Government buildings and structures; public or quasi-public or private recreational
buildings and neighborhood or community centers; public and private educational
institutions limited to accredited elementary, middle or junior high and senior high school,
including preschool, head start, early childhood education, before and after school care,
and adult education programing,; and religious institutions such as churches, chapels,
temples, and synagogues provided that side yards shall be double that required for the
district, but no greater than thirty feet (30').
Section 60. Section 11-60-9 of the Zoning Ordinance (RM-3 District – Conditional Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
H. Religious institutions, provided that:
1. Minimum side yards shall be double that required for the district, but no greater
than thirty feet (30').
2. Dwelling in micro units within a sacred community shall be allowed subject the
provisions of section 11-33-7 of this title.
Section 61. Section 11-60-25 of the Zoning Ordinance (RM-3 District – Affordable
Housing) is hereby amended to read as follows:
11-60-25: AFFORDABLE HOUSING: Housing qualified for meeting the city's allocation of
regional affordable housing as defined by the comprehensive plan may be exempted from
subsections 11-60-1921.B, C, and H of this chapter by conditional use permit, provided
guarantees satisfactory to the city are in place to ensure that "for sale" housing will meet the
affordable housing requirement for initial sales and "for rent" housing will meet the affordable
housing requirement for the initial ten (10) year rental period.
Section 62. Section 11-61-7.A of the Zoning Ordinance (RH-1 District – Conditional Uses)
is hereby amended to read as follows:
A. Daycare, head start, and early childhood education facilities as a principal or an accessory
use provided that the use complies with the provisions of chapter 31 of this title.
Section 63. Section 11-61-7.D of the Zoning Ordinance (RH-1 District – Conditional
Uses) is hereby amended to read as follows:
18
D. Government buildings and structures; public or quasi-public or private recreational
buildings and neighborhood or community centers; public and private educational
institutions limited to accredited elementary, middle or junior high and senior high school,
including preschool, head start, early childhood education, before and after school care,
and adult education programing,; and religious institutions such as churches, chapels,
temples, and synagogues provided that side yards shall be double that required for the
district, but no greater than thirty feet (30').
Section 64. Section 11-61-7 of the Zoning Ordinance (RH-1 District – Conditional Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
I. Religious institutions, provided that:
1. Minimum side yards shall be double that required for the district, but no greater
than thirty feet (30').
2. Dwelling in micro units within a sacred community shall be allowed subject the
provisions of section 11-33-7 of this title.
Section 65. Section 11-61-23 of the Zoning Ordinance (RH-1 District – Transition
Requirement) is hereby amended to read as follows:
11-61-23: TRANSITION REQUIREMENT: Any RH-1 zoned property abutting an RS-1, RS-
2, or RS-3, RS-4, RS-CBD district within the MUSA shall have a minimum of one tier of single-
family detached, two-family dwelling lots, or detached townhomes bordering such a district and
shall be subject to the lot and design standards of the RST-2 district. Exemptions to the provisions
of this section may be granted at the time of preliminary plat approval, provided one or more of
the following conditions exist:
A. The properties are separated by a major collector or arterial street.
B. The abutting land use is a nonresidential use allowed in the district in which it is located.
C. The properties are separated by a railroad right of way, wetland, water body, floodplain,
public open space, park or other such similar publicly reserved and development restricted
area with a minimum width of one hundred feet (100') across its entire length.
Section 66. Section 11-62-7.A of the Zoning Ordinance (RH-2 District – Conditional Uses)
is hereby amended to read as follows:
A. Daycare, head start, and early childhood education facilities as a principal or an accessory
use provided that the use complies with the provisions of chapter 31 of this title.
Section 67. Section 11-62-7.D of the Zoning Ordinance (RH-2 District – Conditional
Uses) is hereby amended to read as follows:
19
D. Government buildings and structures; public or quasi-public or private recreational
buildings and neighborhood or community centers; public and private educational
institutions limited to accredited elementary, middle or junior high and senior high school,
including preschool, head start, early childhood education, before and after school care,
and adult education programing,; and religious institutions such as churches, chapels,
temples, and synagogues provided that side yards shall be double that required for the
district, but no greater than thirty feet (30').
Section 68. Section 11-62-7 of the Zoning Ordinance (RH-2 District – Conditional Uses)
is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
Section 69. Section 11-62-23 of the Zoning Ordinance (RH-2 District – Transition
Requirement) is hereby amended to read as follows:
11-62-23: TRANSITION REQUIREMENT: Any RH-2 zoned property abutting an RS-1, RS-
2, or RS-3, RS-4, RS-CBD district within the MUSA shall have a minimum of one tier of single-
family detached, two-family dwelling lots, or detached townhomes bordering such a district and
shall be subject to the lot and design standards of the RST-2 district. Exemptions to the provisions
of this section may be granted at the time of preliminary plat approval, provided one or more of
the following conditions exist:
Section 70. Section 11-63-9.A of the Zoning Ordinance (RH-CBF District – Conditional
Uses) is hereby amended to read as follows:
Section 71. Section 11-63-9.C of the Zoning Ordinance (RH-CBD District – Conditional
Uses) is hereby amended to read as follows:
20
institutions limited to accredited elementary, middle or junior high and senior high school,
including preschool, before and after school care, and adult education programing,; and
religious institutions such as churches, chapels, temples, and synagogues provided that
side yards shall be double that required for the district, but no greater than thirty feet (30').
Section 72. Section 11-63-9 of the Zoning Ordinance (RH-CBD District – Conditional
Uses) is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
I. Religious institutions, provided that:
1. Minimum side yards shall be double that required for the district, but no greater
than thirty feet (30').
2. Dwelling in micro units within a sacred community shall be allowed subject the
provisions of section 11-33-7 of this title.
Section 73. Section 11-65-3 of the Zoning Ordinance (M-1 District – Permitted Uses) is
hereby amended to include the following provision with subsequent sections renumbered
accordingly:
A. Adult education facilities.
Section 74. Section 11-65-3.E of the Zoning Ordinance (M-1 District – Permitted Uses)
is hereby amended to read as follows:
E. Daycare, head start, and early childhood education facilities as a principal use provided
that the use complies with the provisions of chapter 31 of this title.
Section 75. Section 11-65-7.A of the Zoning Ordinance (M-1 District – Conditional Uses)
is hereby amended to read as follows:
A. Auto repair, minor, provided that:
1.The entire site other than that taken up by a building, structure or plantings shall
be surfaced with a material to control dust and drainage which is subject to the
approval of the city engineer.
2. A minimum lot area of twenty thousand (20,000) square feet and minimum lot width
of one hundred fifty feet (150').
3. A curb not less than six inches (6") above grade shall separate the public sidewalk
from motor vehicle service areas.
4. Parking space shall be screened from view of abutting residential districts in
compliance with section 11-21-9 of this title.
21
5. No outside storage except as allowed in compliance with this chapter of any
product (whether new, used or to be discarded or recycled) and no overnight
parking shall be allowed.
6. Service bay doors shall not face any residential district or use and shall remain
closed at all times unless open to more a vehicle into or out of a service bay.
67. Sale of products other than those specifically mentioned in this section be subject
to a conditional use permit and be in compliance with this section.
8. Building and off-street parking stalls and drive aisles related to the use shall be
located no closer than five hundred feet (500’) of a principal arterial roadway.
79. All conditions pertaining to a specific site are subject to change when the council,
upon investigation in relation to a formal request, finds that the general welfare and
public betterment can be served as well or better by modifying the conditions.
Section 76. Section 11-65-7.D.5 of the Zoning Ordinance (M-1 District – Conditional
Uses) is hereby amended read as follows:
D. Commercial car washes (drive-through, mechanical and self-service) provided that:
1. A car wash that is accessory to a convenience store/motor fuel facility shall be
included as part of the principal building.
2.Magazine or stacking space is constructed to accommodate six (6) vehicles per
wash stall and shall be subject to the approval of the city engineer.
3. Magazine or stacking space must not interfere with onsite circulation patterns or
required on site parking or loading areas.
4. Parking or car magazine storage space shall be screened from view of abutting
residential districts in compliance with section 11-21-9 of this title.
5. Provisions are made to control and reduce noise and special precautions shall be
taken to limit the effects of noise associated with the car wash operation, dryer and
vacuum machines.
a. Where the car wash operation is within five hundred feet (500') of a
residential district, tThe exterior vehicle doors of the car wash must remain
closed during the entire operation cycle.
b. Mechanical equipment for vacuum machines shall be located such that
sound levels measured at the property line do not exceed seventy decibels
(70 dB).
6. Building and parking related to the use shall be located no closer than five hundred
feet (500’) of a principal arterial roadway.
67. The location and operation of vacuum machines must not interfere with magazines
or stacking areas, on site circulation or on-site parking and loading areas, and may
not be located in a yard abutting residentially zoned property.
22
78. Untreated water from the car wash shall not be discharged into the storm sewer.
If the water is to be pretreated and discharged into the storm sewer, the
pretreatment plans shall be subject to review and approval of the city engineer and
building official, and subject to applicable requirements of metropolitan council
environmental services and MPCA.
9. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. unless further limited
by the city council.
Section 77. Section 11-65-7.F of the Zoning Ordinance (M-1 District – Conditional Uses)
is hereby repealed with subsequent sections renumbered accordingly:
F. Community preschool, latchkey and adult education facilities provided that:
1. Licensing: The employees and facility are licensed by the state department of
human services and comply with the minimum requirements of the department of
welfare.
2. Ages: The ages of the children attending the preschool range from three (3) years
to twelve (12) years.
3. Hours: The hours of operation coincide with those of the commercial retail stores
in the area or complex.
4. Attendance: The attendance of children in the latchkey and preschool program is
on a long term scheduled enrollment program instead of on a temporary, sporadic
basis.
5. Lot Requirements And Setbacks: The proposed site for a community preschool,
latchkey and adult education facility must have a minimum lot area as determined
by the Minnesota department of welfare. The city council may increase the
required lot area in those cases where such an increase is considered necessary
to ensure compatibility of activities and maintain public health, safety and general
welfare. The community preschool, latchkey and adult education facility must meet
the minimum setback requirements of the respective zoning district.
6. Sewer And Water: All community preschool, latchkey and adult education facilities
shall have access to municipal sewer and water or have adequate private sewer
and water to protect the health and safety of all persons who occupy the facility.
7. Screening: Where the community preschool, latchkey and adult education facility
is in or abuts any residential use or zoned property, the community preschool,
latchkey and adult education facility shall provide screening along the shared
boundary of the two (2) uses. All of the required fencing and screening shall comply
with the fencing and screening requirements in sections 11-21-5 and 11-21-9 of
this title.
8. Parking:
a. When a community preschool, latchkey and adult education facility is a use
within a structure containing another principal use, each use shall be
23
calculated separately for determining the total off street parking spaces
required.
b. Parking and loading areas shall be separate from any outdoor play area.
9. Community Preschool, Latchkey And Adult Education Building/Space: The
building plans for the construction or alteration of a structure that shall be used as
a community preschool, latchkey and adult education facility shall be submitted to
the city for review by the building official to ensure the structure is in compliance
with the state fire and building codes. The facility shall meet the following
conditions.
a. The architectural appearance and functional plan of the building and site
shall comply with the requirements of section 11-17-9 of this title.
b. When the community preschool, latchkey and adult education facility is a
use within a multi-tenant building, it shall be located in a portion of the
building separated from the other uses located within the structure.
c. The community preschool, latchkey and adult education facility shall be
adequately soundproofed to remove extraneous noise that would interfere
with the community preschool, latchkey and adult education operation and
would affect the health, safety and welfare of the community preschool,
latchkey and adult education participants.
Section 78. Section 11-65-7.P of the Zoning Ordinance (M-1 District – Conditional Uses)
is hereby amended to read as follows:
P. Religious institutions such as churches, chapels, temples, and synagogues, including
social services; also dwelling in micro units within a sacred community subject to Section
11-33-7 of this title.
Section 79. Section 11-66-3 of the Zoning Ordinance (M-2 District – Permitted Uses) is
hereby amended to include the following provision with subsequent sections renumbered
accordingly:
A. Adult education facilities.
Section 80. Section 11-66-3.E of the Zoning Ordinance (M-2 District – Permitted Uses)
is hereby amended to read as follows:
E. Daycare, head start, and early childhood education facilities as a principal use provided
that the use complies with the provisions of chapter 31 of this title.
Section 81. Section 11-66-7 of the Zoning Ordinance (M-2 District – Conditional Uses) is
hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
A. Auto repair, minor, provided that:
24
1.The entire site other than that taken up by a building, structure or plantings shall
be surfaced with a material to control dust and drainage which is subject to the
approval of the city engineer.
2. A minimum lot area of twenty thousand (20,000) square feet and minimum lot width
of one hundred fifty feet (150').
3. A curb not less than six inches (6") above grade shall separate the public sidewalk
from motor vehicle service areas.
4. Parking space shall be screened from view of abutting residential districts in
compliance with section 11-21-9 of this title.
5. No outside storage of any product (whether new, used or to be discarded or
recycled) and no overnight parking shall be allowed.
6. Service bay doors shall not face any residential district or use and shall remain
closed at all times unless open to more a vehicle into or out of a service bay.
7. Sale of products other than those specifically mentioned in this section be subject
to a conditional use permit and be in compliance with this section.
8. Building and off-street parking stalls and drive aisles related to the use shall be
located no closer than five hundred feet (500’) of a principal arterial roadway.
9. All conditions pertaining to a specific site are subject to change when the council,
upon investigation in relation to a formal request, finds that the general welfare and
public betterment can be served as well or better by modifying the conditions.
Section 82. Section 11-66-7 of the Zoning Ordinance (M-2 District – Conditional Uses) is
hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
D. Commercial car washes (drive-through, mechanical and self-service) provided that:
1.Magazine or stacking space is constructed to accommodate six (6) vehicles per
wash stall and shall be subject to the approval of the city engineer.
2. Magazine or stacking space must not interfere with onsite circulation patterns or
required on site parking or loading areas.
3. Parking or car magazine storage space shall be screened from view of abutting
residential districts in compliance with section 11-21-9 of this title.
4. Provisions are made to control and reduce noise and special precautions shall be
taken to limit the effects of noise associated with the car wash operation, dryer and
vacuum machines.
a. The exterior vehicle doors of the car wash must remain closed during the
entire operation cycle.
25
b. Mechanical equipment for vacuum machines shall be located such that
sound levels measured at the property line do not exceed seventy decibels
(70 dB).
5. Building and parking related to the use shall be located no closer than five hundred
feet (500’) of a principal arterial roadway.
6. The location and operation of vacuum machines must not interfere with magazines
or stacking areas, on site circulation or on-site parking and loading areas, and may
not be located in a yard abutting residentially zoned property.
7. Untreated water from the car wash shall not be discharged into the storm sewer.
If the water is to be pretreated and discharged into the storm sewer, the
pretreatment plans shall be subject to review and approval of the city engineer and
building official, and subject to applicable requirements of metropolitan council
environmental services and MPCA.
8. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. unless further limited
by the city council.
Section 83. Section 11-66-7.C of the Zoning Ordinance (M-2 District – Conditional Uses)
is hereby repealed with subsequent sections renumbered accordingly:
C. Community preschool, latchkey and adult education facilities provided that:
1. Licensing: The employees and facility are licensed by the state department of
human services and comply with the minimum requirements of the department of
welfare.
2. Ages: The ages of the children attending the preschool range from three (3) years
to twelve (12) years.
3. Hours: The hours of operation coincide with those of the commercial retail stores
in the area or complex.
4. Attendance: The attendance of children in the latchkey and preschool program is
on a long term scheduled enrollment program instead of on a temporary, sporadic
basis.
5. Lot Requirements And Setbacks: The proposed site for a community preschool,
latchkey and adult education facility must have a minimum lot area as determined
by the Minnesota department of welfare. The city council may increase the
required lot area in those cases where such an increase is considered necessary
to ensure compatibility of activities and maintain public health, safety and general
welfare. The community preschool, latchkey and adult education facility must meet
the minimum setback requirements of the respective zoning district.
6. Sewer And Water: All community preschool, latchkey and adult education facilities
shall have access to municipal sewer and water or have adequate private sewer
and water to protect the health and safety of all persons who occupy the facility.
26
7. Screening: Where the community preschool, latchkey and adult education facility
is in or abuts any residential use or zoned property, the community preschool,
latchkey and adult education facility shall provide screening along the shared
boundary of the two (2) uses. All of the required fencing and screening shall comply
with the fencing and screening requirements in sections 11-21-5 and 11-21-9 of
this title.
8. Parking:
a. When a community preschool, latchkey and adult education facility is a use
within a structure containing another principal use, each use shall be
calculated separately for determining the total off street parking spaces
required.
b. Parking and loading areas shall be separate from any outdoor play area.
9. Community Preschool, Latchkey And Adult Education Building/Space: The
building plans for the construction or alteration of a structure that shall be used as
a community preschool, latchkey and adult education facility shall be submitted to
the city for review by the building official to ensure the structure is in compliance
with the state fire and building codes. The facility shall meet the following
conditions.
a. The architectural appearance and functional plan of the building and site
shall comply with the requirements of section 11-17-9 of this title.
b. When the community preschool, latchkey and adult education facility is a
use within a multi-tenant building, it shall be located in a portion of the
building separated from the other uses located within the structure.
c. The community preschool, latchkey and adult education facility shall be
adequately soundproofed to remove extraneous noise that would interfere
with the community preschool, latchkey and adult education operation and
would affect the health, safety and welfare of the community preschool,
latchkey and adult education participants.
Section 84. Section 11-70-3 of the Zoning Ordinance (O-R District – Permitted Uses) is
hereby amended to include the following provision with subsequent sections renumbered
accordingly:
A. Adult education facilities.
Section 85. Section 11-70-3 of the Zoning Ordinance (O-R District – Permitted Uses) is
hereby amended to include the following provision with subsequent sections renumbered
accordingly:
C. Daycare, head start, and early childhood education facilities as a principal use provided
that the use complies with the provisions of chapter 31 of this title.
Section 86. Section 11-70-7.C of the Zoning Ordinance (O-R District – Conditional Uses)
is hereby repealed with subsequent sections renumbered accordingly:
27
C. Community preschool, latchkey and adult education facilities provided that:
1. Licensing: The employees and facility are licensed by the state department of
human services and comply with the minimum requirements of the department of
welfare.
2. Ages: The ages of the children attending the preschool range from three (3) years
to twelve (12) years.
3. Hours: The hours of operation coincide with those of the commercial retail stores
in the area or complex.
4. Attendance: The attendance of children in the latchkey and preschool program is
on a long term scheduled enrollment program instead of on a temporary, sporadic
basis.
5. Lot Requirements And Setbacks: The proposed site for a community preschool,
latchkey and adult education facility must have a minimum lot area as determined
by the Minnesota department of welfare. The city council may increase the
required lot area in those cases where such an increase is considered necessary
to ensure compatibility of activities and maintain public health, safety and general
welfare. The community preschool, latchkey and adult education facility must meet
the minimum setback requirements of the respective zoning district.
6. Sewer And Water: All community preschool, latchkey and adult education facilities
shall have access to municipal sewer and water or have adequate private sewer
and water to protect the health and safety of all persons who occupy the facility.
7. Screening: Where the community preschool, latchkey and adult education facility
is in or abuts any residential use or zoned property, the community preschool,
latchkey and adult education facility shall provide screening along the shared
boundary of the two (2) uses. All of the required fencing and screening shall comply
with the fencing and screening requirements in sections 11-21-5 and 11-21-9 of
this title.
8. Parking:
a. When a community preschool, latchkey and adult education facility is a use
within a structure containing another principal use, each use shall be
calculated separately for determining the total off street parking spaces
required.
b. Parking and loading areas shall be separate from any outdoor play area.
9. Community Preschool, Latchkey And Adult Education Building/Space: The
building plans for the construction or alteration of a structure that shall be used as
a community preschool, latchkey and adult education facility shall be submitted to
the city for review by the building official to ensure the structure is in compliance
with the state fire and building codes. The facility shall meet the following
conditions.
28
a. The architectural appearance and functional plan of the building and site
shall comply with the requirements of section 11-17-9 of this title.
b. When the community preschool, latchkey and adult education facility is a
use within a multi-tenant building, it shall be located in a portion of the
building separated from the other uses located within the structure.
c. The community preschool, latchkey and adult education facility shall be
adequately soundproofed to remove extraneous noise that would interfere
with the community preschool, latchkey and adult education operation and
would affect the health, safety and welfare of the community preschool,
latchkey and adult education participants.
Section 87. Section 11-70-7.D of the Zoning Ordinance (O-R District – Conditional Uses)
is hereby repealed with subsequent sections renumbered accordingly:
D.Daycare: Daycare facilities as a principal use provided that the use complies with the
provisions of chapter 31 of this title.
Section 88. Section 11-70-7.N of the Zoning Ordinance (O-R District – Conditional Uses)
is hereby amended to read as follows
N. Religious institutions such as churches, chapels, temples, and synagogues, including
social services; also dwelling in micro units within a sacred community subject to Section
11-33-7 of this title.
Section 89. Section 11-71-3 of the Zoning Ordinance (C-1 District – Permitted Uses) is
hereby amended to include the following provision with subsequent sections renumbered
accordingly:
A. Adult education facilities.
Section 90. Section 11-71-3.B of the Zoning Ordinance (C-1 District – Permitted Uses)
is hereby amended to read as follows:
B. Daycare, head start, and early childhood education facilities as a principal use provided
that the use complies with the provisions of chapter 31 of this title.
Section 91. Section 11-71-7.A. of the Zoning Ordinance (C-1 District – Conditional Uses)
is hereby repealed:
A. Commercial car washes (automatic mechanical drive-through only) as accessory use
associated with convenience store/motor fuel sales, provided:
1. The accessory car wash must be attached to the convenience store/motor fuel
sales facility.
29
2. Magazine or stacking space is constructed to accommodate six (6) vehicles per
wash stall and shall be subject to the approval of the city engineer.
3. Magazine or stacking space must not interfere with on site circulation patterns or
required on site parking or loading areas.
4. Parking or car magazine storage space shall be screened from view of abutting
residential districts in compliance with section 11-21-9 of this title.
5. Provisions are made to control and reduce noise and special precautions shall be
taken to limit the effects of noise associated with the car wash operation, dryer and
vacuum machines.
a. Where the car wash operation is within five hundred feet (500') of a
residential district, the exterior vehicle doors of the car wash must remain
closed during the entire operation cycle.
6. The location and operation of vacuum machines must not interfere with magazines
or stacking areas, on site circulation or on site parking and loading areas, and may
not be located in a yard abutting residentially zoned property.
7. Untreated water from the car wash shall not be discharged into the storm sewer.
If the water is to be pretreated and discharged into the storm sewer, the
pretreatment plans shall be subject to review and approval of the city engineer and
building official, and subject to applicable requirements of metropolitan council
environmental services and MPCA.
Section 92. Section 11-71-7.B of the Zoning Ordinance (C-1 District – Conditional Uses)
is hereby repealed with subsequent sections renumbered accordingly:
B. Community preschool, latchkey and adult education facilities provided that:
1. Licensing: The employees and facility are licensed by the state department of
human services and comply with the minimum requirements of the department of
welfare.
2. Ages: The ages of the children attending the preschool range from three (3) years
to twelve (12) years.
3. Hours: The hours of operation coincide with those of the commercial retail stores
in the area or complex.
4. Attendance: The attendance of children in the latchkey and preschool program is
on a long term scheduled enrollment program instead of on a temporary, sporadic
basis.
5. Lot Requirements And Setbacks: The proposed site for a community preschool,
latchkey and adult education facility must have a minimum lot area as determined
by the Minnesota department of welfare. The city council may increase the
required lot area in those cases where such an increase is considered necessary
to ensure compatibility of activities and maintain public health, safety and general
30
welfare. The community preschool, latchkey and adult education facility must meet
the minimum setback requirements of the respective zoning district.
6. Sewer And Water: All community preschool, latchkey and adult education facilities
shall have access to municipal sewer and water or have adequate private sewer
and water to protect the health and safety of all persons who occupy the facility.
7. Screening: Where the community preschool, latchkey and adult education facility
is in or abuts any residential use or zoned property, the community preschool,
latchkey and adult education facility shall provide screening along the shared
boundary of the two (2) uses. All of the required fencing and screening shall comply
with the fencing and screening requirements in sections 11-21-5 and 11-21-9 of
this title.
8. Parking:
a. When a community preschool, latchkey and adult education facility is a use
within a structure containing another principal use, each use shall be
calculated separately for determining the total off street parking spaces
required.
b. Parking and loading areas shall be separate from any outdoor play area.
9. Community Preschool, Latchkey And Adult Education Building/Space: The
building plans for the construction or alteration of a structure that shall be used as
a community preschool, latchkey and adult education facility shall be submitted to
the city for review by the building official to ensure the structure is in compliance
with the state fire and building codes. The facility shall meet the following
conditions.
a. The architectural appearance and functional plan of the building and site
shall comply with the requirements of section 11-17-9 of this title.
b. When the community preschool, latchkey and adult education facility is a
use within a multi-tenant building, it shall be located in a portion of the
building separated from the other uses located within the structure.
c. The community preschool, latchkey and adult education facility shall be
adequately soundproofed to remove extraneous noise that would interfere
with the community preschool, latchkey and adult education operation and
would affect the health, safety and welfare of the community preschool,
latchkey and adult education participants.
Section 93. Section 11-71-7.G of the Zoning Ordinance (C-1 District – Conditional Uses)
is hereby amended to read as follows
G. Religious institutions such as churches, chapels, temples, and synagogues, including
social services; also dwelling in micro units within a sacred community subject to Section
11-33-7 of this title.
31
Section 94. Section 11-72-3 of the Zoning Ordinance (C-2 District – Permitted Uses) is
hereby amended to include the following provision with subsequent sections renumbered
accordingly:
A. Adult education facilities.
Section 95. Section 11-72-3.E of the Zoning Ordinance (C-2 District – Permitted Uses)
is hereby amended to read as follows:
E. Daycare, head start, and early childhood education facilities as a principal use provided
that the use complies with the provisions of chapter 31 of this title.
Section 96. Section 11-72-7.D of the Zoning Ordinance (C-2 District – Conditional Uses)
is hereby amended to read as follows:
D. Commercial car washes (drive-through, mechanical and self-service) provided that:
1. A car wash that is accessory to a convenience store/motor fuel facility shall be
included as part of the principal building.
2.Magazine or stacking space is constructed to accommodate six (6) vehicles per
wash stall and shall be subject to the approval of the city engineer.
3. Magazine or stacking space must not interfere with onsite circulation patterns or
required on site parking or loading areas.
4. Parking or car magazine storage space shall be screened from view of abutting
residential districts in compliance with section 11-21-9 of this title.
5. Provisions are made to control and reduce noise and special precautions shall be
taken to limit the effects of noise associated with the car wash operation, dryer and
vacuum machines.
a. Where the car wash operation is within five hundred feet (500') of a
residential district, tThe exterior vehicle doors of the car wash must remain
closed during the entire operation cycle.
b. Mechanical equipment for vacuum machines shall be located such that
sound levels measured at the property line do not exceed seventy decibels
(70 dB).
6. The location and operation of vacuum machines must not interfere with magazines
or stacking areas, on site circulation or on-site parking and loading areas, and may
not be located in a yard abutting residentially zoned property.
7. Untreated water from the car wash shall not be discharged into the storm sewer.
If the water is to be pretreated and discharged into the storm sewer, the
pretreatment plans shall be subject to review and approval of the city engineer and
building official, and subject to applicable requirements of metropolitan council
environmental services and MPCA.
32
8. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. unless further limited
by the city council.
Section 97. Section 11-72-7.F of the Zoning Ordinance (C-2 District – Conditional Uses)
is hereby repealed with subsequent sections renumbered accordingly:
F. Community preschool, latchkey and adult education facilities provided that:
1. Licensing: The employees and facility are licensed by the state department of
human services and comply with the minimum requirements of the department of
welfare.
2. Ages: The ages of the children attending the preschool range from three (3) years
to twelve (12) years.
3. Hours: The hours of operation coincide with those of the commercial retail stores
in the area or complex.
4. Attendance: The attendance of children in the latchkey and preschool program is
on a long term scheduled enrollment program instead of on a temporary, sporadic
basis.
5. Lot Requirements And Setbacks: The proposed site for a community preschool,
latchkey and adult education facility must have a minimum lot area as determined
by the Minnesota department of welfare. The city council may increase the
required lot area in those cases where such an increase is considered necessary
to ensure compatibility of activities and maintain public health, safety and general
welfare. The community preschool, latchkey and adult education facility must meet
the minimum setback requirements of the respective zoning district.
6. Sewer And Water: All community preschool, latchkey and adult education facilities
shall have access to municipal sewer and water or have adequate private sewer
and water to protect the health and safety of all persons who occupy the facility.
7. Screening: Where the community preschool, latchkey and adult education facility
is in or abuts any residential use or zoned property, the community preschool,
latchkey and adult education facility shall provide screening along the shared
boundary of the two (2) uses. All of the required fencing and screening shall comply
with the fencing and screening requirements in sections 11-21-5 and 11-21-9 of
this title.
8. Parking:
a. When a community preschool, latchkey and adult education facility is a use
within a structure containing another principal use, each use shall be
calculated separately for determining the total off street parking spaces
required.
b. Parking and loading areas shall be separate from any outdoor play area.
9. Community Preschool, Latchkey And Adult Education Building/Space: The
building plans for the construction or alteration of a structure that shall be used as
33
a community preschool, latchkey and adult education facility shall be submitted to
the city for review by the building official to ensure the structure is in compliance
with the state fire and building codes. The facility shall meet the following
conditions.
a. The architectural appearance and functional plan of the building and site
shall comply with the requirements of section 11-17-9 of this title.
b. When the community preschool, latchkey and adult education facility is a
use within a multi-tenant building, it shall be located in a portion of the
building separated from the other uses located within the structure.
c. The community preschool, latchkey and adult education facility shall be
adequately soundproofed to remove extraneous noise that would interfere
with the community preschool, latchkey and adult education operation and
would affect the health, safety and welfare of the community preschool,
latchkey and adult education participants.
Section 98. Section 11-72-7.P of the Zoning Ordinance (C-2 District – Conditional Uses)
is hereby amended to read as follows
P. Religious institutions such as churches, chapels, temples, and synagogues, including
social services; also dwelling in micro units within a sacred community subject to Section
11-33-7 of this title.
Section 99. Section 11-73-3 of the Zoning Ordinance (C-3 District – Permitted Uses) is
hereby amended to include the following provision with subsequent sections renumbered
accordingly:
A. Adult education facilities.
Section 100. Section 11-73-3.E of the Zoning Ordinance (C-3 District – Permitted Uses)
is hereby amended to read as follows:
E. Daycare, head start, and early childhood education facilities as a principal use provided
that the use complies with the provisions of chapter 31 of this title.
Section 101. Section 11-73-7.D of the Zoning Ordinance (C-3 District – Conditional Uses)
is hereby amended to read as follows:
D. Commercial car washes (drive-through, mechanical and self-service) provided that:
1. A car wash that is accessory to a convenience store/motor fuel facility shall be
included as part of the principal building.
2.Magazine or stacking space is constructed to accommodate six (6) vehicles per
wash stall and shall be subject to the approval of the city engineer.
34
3. Magazine or stacking space must not interfere with onsite circulation patterns or
required on site parking or loading areas.
4. Parking or car magazine storage space shall be screened from view of abutting
residential districts in compliance with section 11-21-9 of this title.
5. Provisions are made to control and reduce noise and special precautions shall be
taken to limit the effects of noise associated with the car wash operation, dryer and
vacuum machines.
a. Where the car wash operation is within five hundred feet (500') of a
residential district, tThe exterior vehicle doors of the car wash must remain
closed during the entire operation cycle.
b. Mechanical equipment for vacuum machines shall be located such that
sound levels measured at the property line do not exceed seventy decibels
(70 dB).
6. The location and operation of vacuum machines must not interfere with magazines
or stacking areas, on site circulation or on-site parking and loading areas, and may
not be located in a yard abutting residentially zoned property.
7. Untreated water from the car wash shall not be discharged into the storm sewer.
If the water is to be pretreated and discharged into the storm sewer, the
pretreatment plans shall be subject to review and approval of the city engineer and
building official, and subject to applicable requirements of metropolitan council
environmental services and MPCA.
8. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. unless further limited
by the city council.
Section 102. Section 11-73-7.F of the Zoning Ordinance (C-3 District – Conditional Uses)
is hereby repealed with subsequent sections renumbered accordingly:
F. Community preschool, latchkey and adult education facilities provided that:
1. Licensing: The employees and facility are licensed by the state department of
human services and comply with the minimum requirements of the department of
welfare.
2. Ages: The ages of the children attending the preschool range from three (3) years
to twelve (12) years.
3. Hours: The hours of operation coincide with those of the commercial retail stores
in the area or complex.
4. Attendance: The attendance of children in the latchkey and preschool program is
on a long term scheduled enrollment program instead of on a temporary, sporadic
basis.
5. Lot Requirements And Setbacks: The proposed site for a community preschool,
latchkey and adult education facility must have a minimum lot area as determined
35
by the Minnesota department of welfare. The city council may increase the
required lot area in those cases where such an increase is considered necessary
to ensure compatibility of activities and maintain public health, safety and general
welfare. The community preschool, latchkey and adult education facility must meet
the minimum setback requirements of the respective zoning district.
6. Sewer And Water: All community preschool, latchkey and adult education facilities
shall have access to municipal sewer and water or have adequate private sewer
and water to protect the health and safety of all persons who occupy the facility.
7. Screening: Where the community preschool, latchkey and adult education facility
is in or abuts any residential use or zoned property, the community preschool,
latchkey and adult education facility shall provide screening along the shared
boundary of the two (2) uses. All of the required fencing and screening shall comply
with the fencing and screening requirements in sections 11-21-5 and 11-21-9 of
this title.
8. Parking:
a. When a community preschool, latchkey and adult education facility is a use
within a structure containing another principal use, each use shall be
calculated separately for determining the total off street parking spaces
required.
b. Parking and loading areas shall be separate from any outdoor play area.
9. Community Preschool, Latchkey And Adult Education Building/Space: The
building plans for the construction or alteration of a structure that shall be used as
a community preschool, latchkey and adult education facility shall be submitted to
the city for review by the building official to ensure the structure is in compliance
with the state fire and building codes. The facility shall meet the following
conditions.
a. The architectural appearance and functional plan of the building and site
shall comply with the requirements of section 11-17-9 of this title.
b. When the community preschool, latchkey and adult education facility is a
use within a multi-tenant building, it shall be located in a portion of the
building separated from the other uses located within the structure.
c. The community preschool, latchkey and adult education facility shall be
adequately soundproofed to remove extraneous noise that would interfere
with the community preschool, latchkey and adult education operation and
would affect the health, safety and welfare of the community preschool,
latchkey and adult education participants.
Section 103. Section 11-73-7.O of the Zoning Ordinance (C-3 District – Conditional Uses)
is hereby amended to read as follows
O. Religious institutions such as churches, chapels, temples, and synagogues, including
social services; also dwelling in micro units within a sacred community subject to Section
11-33-7 of this title.
36
Section 104. Section 11-74-3 of the Zoning Ordinance (C-CBD District – Permitted Uses)
is hereby amended to include the following provision with subsequent sections renumbered
accordingly:
A. Adult education facilities.
Section 105. Section 11-74-3.E of the Zoning Ordinance (C-CBD District – Permitted
Uses) is hereby amended to read as follows:
E. Daycare, head start, and early childhood education facilities as a principal use provided
that the use complies with the provisions of chapter 31 of this title.
Section 106. Section 11-74-7.D of the Zoning Ordinance (C-CBD District – Conditional
Uses) is hereby repealed with subsequent sections renumbered accordingly:
D. Community preschool, latchkey and adult education facilities provided that:
1. Licensing: The employees and facility are licensed by the state department of
human services and comply with the minimum requirements of the department of
welfare.
2. Ages: The ages of the children attending the preschool range from three (3) years
to twelve (12) years.
3. Hours: The hours of operation coincide with those of the commercial retail stores
in the area or complex.
4. Attendance: The attendance of children in the latchkey and preschool program is
on a long term scheduled enrollment program instead of on a temporary, sporadic
basis.
5. Lot Requirements And Setbacks: The proposed site for a community preschool,
latchkey and adult education facility must have a minimum lot area as determined
by the Minnesota department of welfare. The city council may increase the
required lot area in those cases where such an increase is considered necessary
to ensure compatibility of activities and maintain public health, safety and general
welfare. The community preschool, latchkey and adult education facility must meet
the minimum setback requirements of the respective zoning district.
6. Sewer And Water: All community preschool, latchkey and adult education facilities
shall have access to municipal sewer and water or have adequate private sewer
and water to protect the health and safety of all persons who occupy the facility.
7. Screening: Where the community preschool, latchkey and adult education facility
is in or abuts any residential use or zoned property, the community preschool,
latchkey and adult education facility shall provide screening along the shared
boundary of the two (2) uses. All of the required fencing and screening shall comply
with the fencing and screening requirements in sections 11-21-5 and 11-21-9 of
this title.
37
8. Parking:
a. When a community preschool, latchkey and adult education facility is a use
within a structure containing another principal use, each use shall be
calculated separately for determining the total off street parking spaces
required.
b. Parking and loading areas shall be separate from any outdoor play area.
9. Community Preschool, Latchkey And Adult Education Building/Space: The
building plans for the construction or alteration of a structure that shall be used as
a community preschool, latchkey and adult education facility shall be submitted to
the city for review by the building official to ensure the structure is in compliance
with the state fire and building codes. The facility shall meet the following
conditions.
a. The architectural appearance and functional plan of the building and site
shall comply with the requirements of section 11-17-9 of this title.
b. When the community preschool, latchkey and adult education facility is a
use within a multi-tenant building, it shall be located in a portion of the
building separated from the other uses located within the structure.
c. The community preschool, latchkey and adult education facility shall be
adequately soundproofed to remove extraneous noise that would interfere
with the community preschool, latchkey and adult education operation and
would affect the health, safety and welfare of the community preschool,
latchkey and adult education participants.
Section 107. Section 11-74-7.P of the Zoning Ordinance (C-CBD District – Conditional
Uses) is hereby amended to read as follows
P. Religious institutions such as churches, chapels, temples, and synagogues, including
social services; also dwelling in micro units within a sacred community subject to Section
11-33-7 of this title.
Section 108. Section 11-75-3.I of the Zoning Ordinance (O-P District – Permitted Uses)
is hereby amended to read as follows:
I. Trade and postsecondary schools, and adult education facilities.
Section 109. Section 11-75-5 of the Zoning Ordinance (O-P District – Permitted
Accessory Uses) is hereby amended to include the following provision and renumber subsequent
sections accordingly:
G. Outdoor storage subject to the provisions of section 11-75-13.J of this title.
38
Section 110. Section 11-75-7.D of the Zoning Ordinance (O-P District – Conditional
Uses) is hereby amended to read as follows:
D. Daycare, head start, and early childhood education facilities accessory to a principal use
provided that the use complies with the provisions of chapter 31 of this title.
Section 111. Section 11-86-3 of the Zoning Ordinance (I-1 District –Permitted Uses) is
hereby amended read as follows:
11-86-3: PERMITTED USES: In addition to other uses specifically identified elsewhere in this
title, the following are permitted uses in an I-1 district:
A. Automobile repair, minor.
B. Building materials sales.
C. Commercial catering businesses.
CD. Commercial printing establishments.
DE. Compounding, assembly, packaging, treatment, or storage of products and materials
except waste.
EF. Cross dock distribution facility.
FG. Governmental and public utility buildings and structures; city of Lakeville only.
H. Indoor firearm and archery ranges.
I. Instructional classes.
G. Laboratories, research and development facilities.
H. Manufacturing.
I. Office, general.
J. Outdoor civic events conducted by nonprofit organizations, each such outdoor event
being limited to fourteen (14) days in any calendar year.
K. Radio and television stations.
L. Servicing of motor freight vehicles and heavy construction equipment; directly related
accessory materials and parts sales for such repair and servicing (not including new or
used vehicle sales); and accessory materials and parts warehousing which is related to
and dependent upon such uses, provided that:
1. All servicing of vehicles and equipment shall occur entirely within the principal
structure;
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2. To the extent required by state law and regulations, painting shall be conducted
in an approved paint booth, which thoroughly controls the emission of fumes,
dust, or other particulate matter;
3. Storage and use of all flammable materials, including liquids and rags, shall
conform with applicable provisions of the Minnesota uniform fire code;
4. Parking, driveway, and circulation standards and requirements shall be subject to
the review and approval of the city engineer and shall be based upon the specific
needs of the operation and shall accommodate large vehicle equipment and
semitrailer/tractor trucks;
5. The storage of damaged vehicles and vehicle parts and accessory equipment
must be completely inside a principal or accessory building; and
6. The sale of products other than those specifically mentioned in this subsection L
shall be subject to a separate conditional use permit and shall be in compliance
with section 11-86-7 of this chapter.
M. Sexually oriented uses, principal.
N. Trade schools.
O. Transportation terminals.
P. Warehousing, including self-storage facilities.
Q. Wholesale businesses.
R. Data centers.
S. Breweries and small breweries.
T. Distilleries and microdistilleries.
Section 112. Section 11-86-7.E of the Zoning Ordinance (I-1 District – Conditional Uses)
is hereby amended to repeal the following provisions with subsequent sections renumbered
accordingly:
A. Accessory, enclosed retail, rental or service activity other than that allowed as a permitted
use or conditional use within this title, provided that:
1. Such use is allowed as a permitted use in a C-1 District.
2. Such use does not constitute more than thirty percent (30%) of the lot area and
not more than fifty percent (50%) of the gross floor area of the principal use.
D. Commercial recreation facilities, provided that:
1. The architectural appearance and function plan of the building and the site shall
be designed with a high standard of architectural and aesthetic compatibility with
surrounding properties. Building materials, orientation, colors, height, roof design,
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lighting, signage and site landscaping shall be designed to complement the
surrounding industrial properties and demonstrate potential industrial reuse. All
sides of the principal and accessory structures are to have essentially the same or
a coordinated, harmonious exterior finish treatment.
2. A commercial recreational use shall not be located within a shared tenancy
building containing a use classified as an "H" occupancy as defined by Minnesota
State Building Code, as may be amended.
3. In multiple-occupancy buildings, a Material Safety Data Sheet (MSDS) shall be
required identifying all materials stored or used in the operation of the tenant
businesses. Any change in building tenants shall require that the MSDS be
updated and provided to all other tenants in the multi-tenant building.
4. A commercial recreational use in a shared tenancy building shall have its own
exterior entrance and exit.
5. Vehicular access points shall create a minimum of conflict with through traffic
movement, shall comply with Chapter 19 of this title and shall be subject to the
approval of the City Engineer.
E. Daycare facilities accessory to an allowed principal use provided that the use complies
with the provisions of chapter 31 of this title.
Section 113. Section 11-86-11 of the Zoning Ordinance (I-1 District – Uses by
Administrative Permit) is hereby amended to read as follows:
A. Commercial recreation facilities, provided that:
1. The architectural appearance and function plan of the building and the site shall
be designed with a high standard of architectural and aesthetic compatibility with
surrounding properties. Building materials, orientation, colors, height, roof design,
lighting, signage and site landscaping shall be designed to complement the
surrounding industrial properties and demonstrate potential industrial reuse. All
sides of the principal and accessory structures are to have essentially the same or
a coordinated, harmonious exterior finish treatment.
2. A commercial recreational use shall not be located within a shared tenancy
building containing a use classified as an "H" occupancy as defined by Minnesota
State Building Code, as may be amended.
3. In multiple-occupancy buildings, a Material Safety Data Sheet (MSDS) shall be
required identifying all materials stored or used in the operation of the tenant
businesses. Any change in building tenants shall require that the MSDS be
updated and provided to all other tenants in the multi-tenant building.
4. A commercial recreational use in a shared tenancy building shall have its own
exterior entrance and exit.
5. Vehicular access points shall create a minimum of conflict with through traffic
movement, shall comply with chapter 19 of this title and shall be subject to the
approval of the City Engineer.
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B. Construction of solid wall or privacy fence within a required front yard or required side yard
of a corner lot abutting a public right-of-way as provided for in subsection 11-21-5H1b of
this title.
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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.
I. Outdoor civic events conducted by nonprofit organizations, each such outdoor event being
limited to fourteen (14) days in any calendar year.
CJ. Outside, aboveground storage facilities for fuels used for heating purposes, or for motor
fuel dispensing purposes related to the approved principal use, but not for sale. Such
facilities shall be limited to liquefied petroleum and propane gas used for standby heating
and to equipment used for dispensing such gaseous fuels to vehicles and containers
which are used in conjunction with the allowed principal use. The location and design of
such facilities for new developments shall be included with the site plan submitted for
review and approved as required by this title. The location and design of such facilities for
existing developments in all cases shall be subject to the approval of the Zoning
Administrator and the following criteria:
1. The design, construction, and location of the equipment must comply with State
and City codes including appropriate National Fire Protection Association
specifications, Minnesota Uniform Fire Code requirements, and manufacturer's
specifications.
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2. An accurate site plan for the development based upon a certified survey, shall be
submitted showing to scale the location of the storage equipment, including any
fencing and landscaping relating to the safety and screening of the equipment.
3. Solid wall enclosures should not be used to assure that fire hose streams can be
directed onto the storage equipment with minimal obstruction.
4. Equipment must be located so as not to obstruct approved parking spaces, driving
aisles, fire lanes, utility easements, or required building ingress or egress points.
5. No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
chapter, "signage" includes words, graphics, logos, and symbols.
DK. Personal wireless service antennas including temporary mobile towers, as regulated
by chapter 30 of this title.
EL. Sales, rental or display (indoor and outdoor) as an accessory use in association with an
allowed principal use provided that:
1. The area so occupied shall not exceed ten percent (10%) of the principal building.
2. No storage or display of merchandise shall be permitted in required rear, side or
front yards and shall be limited to the area of the customer entrances.
3. The outdoor sales, rental, or display area shall be included in the calculations for
parking spaces required for the use and shall not occupy space required for
parking as stipulated by chapter 19 of this title, except as may be exempted for
cause by the Zoning Administrator.
M. Servicing of motor freight vehicles and heavy construction equipment; directly related
accessory materials and parts sales for such repair and servicing (not including new or
used vehicle sales); and accessory materials and parts warehousing which is related to
and dependent upon such uses, provided that:
1. All servicing of vehicles and equipment shall occur entirely within the principal
structure;
2. To the extent required by state law and regulations, painting shall be conducted in
an approved paint booth, which thoroughly controls the emission of fumes, dust,
or other particulate matter;
3. Storage and use of all flammable materials, including liquids and rags, shall
conform with applicable provisions of the Minnesota uniform fire code;
4. Parking, driveway, and circulation standards and requirements shall be subject to
the review and approval of the city engineer and shall be based upon the specific
needs of the operation and shall accommodate large vehicle equipment and
semitrailer/tractor trucks;
5. The storage of damaged vehicles and vehicle parts and accessory equipment must
be completely inside a principal or accessory building; and
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6. The sale of products other than those specifically mentioned in this subsection L
shall be subject to a separate conditional use permit and shall be in compliance
with section 11-86-7 of this chapter.
FN. Temporary structures as regulated by chapter 28 of this title.
GO. WECS that comply with the height limit of this district, as regulated by chapter 29 of this
title.
H. Construction of solid wall or privacy fence within a required front yard or required side yard
of a corner lot abutting a public right-of-way as provided for in subsection 11-21-5H1b of
this title.
I. Daycare facilities as an accessory use provided that the use complies with the provisions
of chapter 31 of this title.
P. Veterinary clinics provided that:
1. All areas in which animals are confined are located indoors and are properly
soundproofed from adjacent properties.
2. Animal carcasses are properly disposed of in a manner not utilizing on site garbage
facilities or incineration and the carcasses are properly refrigerated during periods
prior to disposal.
3. An animal kennel is permitted as a use accessory to the veterinary clinic provided
that:
a. The number of animals boarded shall not exceed twenty (20).
b. An indoor exercise area shall be provided to accommodate the periodic
exercising of animals boarded at the kennel. No outdoor exercising of
animals shall be permitted.
c. A ventilation system shall be designed so that no odors or organisms will
spread between wards or to the outside air and will be capable of
completely exchanging internal air at a rate of at least twice per hour. Air
temperature must be maintained between sixty degrees (60°) and seventy
five degrees Fahrenheit (75°F).
d. A room separate from the kennel area shall be provided of sufficient size
to adequately separate animals that are sick or injured from healthy
animals.
e. Indoor animal kennel floors and walls shall be made of nonporous materials
or sealed concrete to make it nonporous.
f. Animal wastes shall be flushed down an existing sanitary sewer system or
enclosed in a container of sufficient construction to eliminate odors and
organisms and shall be properly disposed of at least once a day.
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g. The appropriate license is obtained from the City Clerk and the conditions
of section 5-1-12 of this Code are met.
h. All State Health Department and Minnesota Pollution Control Agency
requirements for such facilities are met.
4. There shall be adequate physical separation within a multiple occupancy building
between the veterinary clinic and other individual tenant spaces to protect public
health and safety.
Section 114. Section 11-87-7.D of the Zoning Ordinance (I-2 District – Conditional Uses)
is hereby amended to read as follows:
D. Daycare, head start, and early childhood education facilities accessory to a principal use
provided that the use complies with the provisions of chapter 31 of this title.
(Remainder of this page intentionally blank)
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Section 115. This Ordinance shall be effective immediately upon its passage and publication
according to law.
ADOPTED by the Lakeville City Council this ______ day of ______________, 2024.
CITY OF LAKEVILLE