Loading...
HomeMy WebLinkAboutItem 06a - Development and Residential Districts 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com MEMORANDUM TO: Community Development Director Tina Goodroad Planning Manager Kris Jenson FROM: D. Daniel Licht DATE: 9 July 2025 RE: Lakeville – Zoning Ordinance; Missing Middle Housing TPC FILE: 135.01 BACKGROUND Mayor Luke Hellier convened a discussion on 26 August 2024 with several builders active in Lakeville regarding Missing Middle housing issues. Missing Middle housing is the gap in the market of new housing supply attainable by median or lower income households caused by economic and regulatory factors that include land values, materials, labor, interest rates, regional development policies, and development regulations. Mayor Hellier’s intent for the discussion session is for the City to proactively engage with residential builders to collaborate on potential solutions that benefit Lakeville, its existing and future residents, and the residential builders. Session participants all agreed that changes only to local development regulations would not significantly address housing cost issues, but the residential builders believed that such changes may expand the range of new housing values available in Lakeville. Many of the Lakeville development regulations mentioned by the residential builders at the discussion session were implemented following the completion of the 1994 Growth Management Strategic Plan, adoption of the 1998 Comprehensive Plan, and amendments of the Zoning Ordinance in 2000. Based on the history of our office’s service to Lakeville and involvement in these and subsequent planning efforts, City staff requested we provide background information on these regulations for consideration by the Planning Commission. The Planning Commission discussed Missing Middle housing issues and potential development regulation amendments at a work session on 5 December 2024. Based on the discussion of the Planning Commission, City staff began drafting language to amend the City’s existing development regulations. This effort was set aside until after the conclusion of the receipt legislative session to ensure that any modifications didn’t contradict statutory requirements that may have been approved and signed into law by the Governor. With the legislative session adjourned consideration of these proposed amendments has been noticed for a public hearing to be held by the Planning Commission on 17 July 2025. Exhibits:  Draft ordinance ANALYSIS Regional Density Requirements. The Metropolitan Council establishes minimum density thresholds for residential development within the Twin Cities Metropolitan Area within the regional development plan adopted every 10 years. The current ThiveMSP 2040 plan requires that the overall density of residential development in Lakeville be a minimum of 3.0 to 5.0 dwelling units per acre, which is effectively an increase from the prior 2030 regional plan requirement of a minimum of 3.0 dwelling units per acre. The Imagine 2050 regional development plan further increases the minimum residential density requirement to 3.5 dwelling units per acre. There is no reason to expect that the required minimum residential development density requirement will not stay the same or even increase with subsequent regional development plans. The increases in minimum development density required for residential land uses necessitates that the City review its development regulations to consider opportunities to achieve the required density with housing consistent with the City’s goals. 1994 Growth Management Strategic Plan. The City initiated a strategic planning effort in 1994 to identify means of ensuring growth in Lakeville was managed and fiscally sustainable. Following approval of the 1994 Growth Management Plan, the Zoning Ordinance was updated to increase minimum lot area requirements, establish residential buffer yard and tree preservation requirements, include a provision that site plans for single family dwellings include space for three car garages, etc.. Many of these development regulations have been modified over time, but remain in place today. 2000 Zoning Ordinance Update. A fundamental goal of the 1998 Comprehensive Plan and 2000 Zoning Ordinance update was to standardize development requirements and allow for certain flexibilities through administrative permit, conditional use permit, or interim use permit processes. The objective of this effort was to minimize the use of Planned Unit Development as either a PUD, Planned Unit Development District that would allow for approval of any density or land use allowed by the Zoning Ordinance within a single project or as a Planned Unit Development – Conditional Use Permit that allowed for flexibility from any setback, height, lot area, width and depth, yards, or other dimensional standard. PUDs are meant to allow for a higher level of development than can be realized through standard zoning requirements that benefit both the City and the developer. In practice, PUDs can be overutilized resulting in a myriad of standards applied from development-to-development with no consistency and providing no expectation on the part of residential builders as to what the City’s minimum requirements are. A primary example of this would be townhouse developments in the City approved prior to 1998 that were required to be completed as PUD Districts as there were no performance standards set forth for multiple principal buildings on one lot, use of private drives, or design and construction standards for this form of residential land use. The City prohibited use of PUD Districts for land guided by the Comprehensive Plan for Low Density Residential uses and eliminated Planned Unit-Development-Conditional Use permit as a planning tool with the 2000 Zoning Ordinance update. The 2000 Zoning Ordinance update also resulted in establishing the RST-2, Residential Single and Two Family District, RM, Residential Medium Density Districts, and RH, Residential High Density Districts that included lot requirements and design construction standards for townhouses and multiple family dwellings. The development of these standards was based initially on ensuring sustainability of the City’s housing supply in terms of livability, durability, and finance. Residential builders participating in the discussion session were divided between wanting to see greater opportunity to utilize PUD Districts for their projects or a preference for the standardized approach implemented with the 2000 Zoning Ordinance Update. Missing Middle Amendments: The following paragraphs outline specific provisions of the Zoning Ordinance noted at the discussion session that the Planning Commission proposes to be amended in response to Missing Middle housing issues. We have provided these in the order in which they are included in the Zoning Ordinance for ease of reference. The Planning Commission may discuss the opportunity to amend any or all of these provisions without regard to preference or priority.  Attached Garages. The City established minimum area requirements for garages attached to single, two family, detached townhouse, and townhouse dwellings with the 2000 Zoning Ordinance update. The Zoning Ordinance was later amended to add minimum width requirements. Basement Basement Width The purpose of the minimum area requirements is to ensure that there is sufficient space within the garage for parking two vehicles, which is the off-street parking requirement established by the Zoning Ordinance for single family, two family, detached townhouse, and townhouse dwellings. The minimum area requirements also provide for storage space within the garage for storage of waste containers, bicycles, outdoor recreation equipment, seasonal decorations, etc. The minimum area required for dwellings without basements reflects that storage use within the garage is often needed when there is less space inside the dwelling itself. Residential builders offered the following points regarding the minimum garage space requirements, particularly the additional space required for dwellings without basements: − No other cities have a similar requirement for additional storage space for dwellings without basements. − The minimum area requirement, especially that for dwelling units without basements, requires residential builders to modify their building plans specifically for Lakeville. − A garage area less than 480 square feet is functional and other areas of the country are seeing increased use of one-car garages for townhouse dwellings. The Planning Commission recommended amending the Zoning Ordinance to eliminate minimum area requirements for all dwellings without basements. City staff is also recommending that the provision requiring lots established after January 1, 1994 be required to provide a site plan accommodating a three-stall attached garage whether construction is intended or not. Development on the remaining vacant lots within the RS-1, RS-2, and RS-3 District are likely to include a three-stall attached garage. Single family lots within the RS-4, RST-1, RST-2 are sized to allow for three-stall garages if the market desires them making the existing site plan requirement unnecessary.  Single Family Lot Requirements. Single family zoning districts consisted of the R-1, R-2, and R-3 Districts until 2010. The RS-4 District was established with the 2010 Zoning Ordinance update to provide an additional “small-lot” single family district reflecting changes to the housing market after the Great Recession of the 2000s. The single family lot standards for the RS-4 District are used for single family lots allowed in the RST-1, RST-2 and RM-1 Districts, or where a transitional land use is required in the RM-1, RM-2, RH-1, or RH-2 Districts. 1 1 The City recently amended the Zoning Ordinance to include Section 11-57-7.H allowing greater flexibility from the single family lot requirements within the RST-2 District by approval of a conditional use permit, shown above. The intent of these provisions was to codify the flexibilities allowed by the PUD Districts for Spirit of Brandtjen Farm and Avonlea such that lots of varied area and width could be incorporated into an individual neighborhood. Lots with varied lot areas and lot width expands housing choices within these developments, utilizes developable land more efficiently, and helps to achieve regional density requirements. Brookshire was the template development that these standards were first utilized for. These provisions of the lot area/width flexibility were raised at the developer discussion session and discussed by the Planning Commission: − Zoning District. The lot area flexibility is limited to only the RST-2 District. The Planning Commission amending the Zoning Ordinance to make use of the lot flexibility more easily to implement in the RST-2 District by removing the requirement for a Conditional Use Permit. The Planning Commission also recommended expanding the opportunity to for this same lot area and width flexibility more to more areas of the City by allowing lots less than 8,400 square feet or 70 feet in width within the RS-4 and RST-1 District with approval of a Conditional Use Permit. − Minimum Lot Area. The minimum lot area required is 7,500 square feet, but the existing Zoning Ordinance provisions includes additional limitations. The mean and median area of the lots within the preliminary plat must be equal to or greater than the base district allowance. By making the smaller lot area and width standards the minimum requirement in the RST-2 District, these limitations are removed allowing for ease of implementation. As for the allowance of smaller lots in the RS-4 District, the proposed conditional use standards only includes a maximum percentage of lots smaller than the district base standards, again with the intent to ease implementation. These changes are responsive to comments from the residential builders that the existing provisions are cumbersome to navigate as part of the subdivision design process. City staff believes changes that make these provisions easier to administer would be beneficial and would help meet minimum regional density requirements. One concern of City staff with reducing the minimum lot area and lot width requirement other than with these additional criteria or through a conditional use permit process is the City’s ability to influence the subdivision design is minimized. The Comprehensive Plan encourages subdivision design to utilize a curvilinear street layout that responds to existing natural conditions of a parcel, results in variations in lot areas and widths, and minimizes through traffic and vehicle speeds opposed to a grid layout for streets and blocks. A condition requiring curvilinear subdivision design is proposed in combination with the other modifications to address this issue. − Minimum Plat Area. A minimum preliminary plat area of 100 acres is required to qualify for the lot area flexibility as a conditional use. The intent was to approach such flexibility conservatively, at least initially, limiting the potential application to large tracts. The proposed ordinance amendment would eliminate the minimum preliminary plat area criteria for the RST-2 District. In order to provide a reasonable variety of lot areas/widths for plats within the RS-4 District, a development does need to have a certain scale. Thus, the allowance of lots less than the required based minimum lot area and width requirements for the RS-4 District would be available only for preliminary plats of at least 20 acres.  Base Lot Setbacks. Detached townhouses and townhouse dwellings can be platted in two ways: as a unit and base lot or as a Common Interest Community. When townhouses are platted in a unit and base lot, the building and its dwellings are sited within an individual unit lot(s) surrounded by a base lot owned in common by the homeowners association. The Zoning Ordinance requires a 30 foot setback from a detached townhouse or townhouse building to the base lot perimeter lot line. The 30 foot setback was established with the 2000 Zoning Ordinance update when the City required a typical 30 foot front yard setback requirement and was meant to separate the townhouse dwellings from surrounding land uses. The Zoning Ordinance has been amended to allow a smaller 20 foot setback on the side of a townhouse building to public rights-of-way. Interior to the base lot, a minimum setback of 14 feet between detached townhouse buildings and 20 feet between townhouse buildings is required and the garage face of a town house must be setback 25 feet from public rights-of-way. The residential builders at the discussion session and City staff agree that overlapping and varied setback requirements are difficult to apply and reduce the efficiency of development. The Planning Commission recommends the following changes to the RST-2, RM-1, RM-2, RH-1 and RH-2 Districts, which mirror the requirements of the R-3 District: − Reduce perimeter setback to 10 feet. − Minimum setbacks between all buildings within the same base lot of 14 feet.  Exterior materials. One of the requirements standardized with the 2000 Zoning Ordinance update was exterior finishes for detached townhouse and townhouse dwellings. The intent of the regulations is to require durable materials that will minimize long-term maintenance for homeowners associations. These requirements have been modified over time to include new materials such as fiber cement siding or engineered wood: 1. A minimum 25% of each elevation must be brick or stone. 2. No one elevation may have more than 75 percent of one finish except for brick or stone. 3. No material may be used for more than 60 percent of all elevations except for brick or stone. 4. Except on the front elevation, rock face block, cement fiberboard, or engineered wood qualifies for meeting the brick or stone requirement provided that is extends the full width of the foundation and is at least 60 percent of the area of the elevation. The Planning Commission recommended changes to these exterior material requirements, including eliminating the minimum requirements for brick or stone exterior materials for detached townhouse, two family, and townhouse buildings. The proposed amendments also allow for broader use of cement fiber or engineered wood exterior finishes towards meeting the percentages of high quality materials comprising the exterior of these buildings.  Planned Unit Development. The 2000 Zoning Ordinance update include prohibiting use of PUD Districts for land guided Low Density Residential uses by the Comprehensive Plan. This provision was amended to provide for a PUD District for a development of at least 540 acres allowing for the Spirit of Brandjen Farm development and amended again to require a minimum of 320 acres allowing for the Avonlea development. Both of these developments were considered to extraordinary projects that had been the subject of years of planning and include amenities well over and above any City requirement, especially as it relates to parks and open space. As Lakeville continues to develop at a sustained pace, the number of large tracts to which the option of using a PUD District for development will continue to decrease. Furthermore, remaining, smaller undeveloped parcels may have challenges that cannot be easily addressed through the conventional standards of the Zoning Ordinance. Areas west of I-35 Lakeville are examples. Whereas the 1994 Growth Management Strategic Plan recommended addressing these challenges through larger lot sizes and less dense development, such considerations are not practical given regional minimum residential development densities that are now required to be maintained. This approach to development also does not provide for the same level of natural resource or open space protection that the City achieved through the PUD Districts of Spirit of Brandtjen Farm and Avonlea. The Planning Commission recommended eliminating the minimum area required for use of a PUD District to allow for greater flexibility in the use of such tools. Use of PUD District would remain at the discretion of the City with Planning Commission review and City Council approval. The purpose statements in Section 11-96-1 of the Zoning Ordinance provide guidance as to the appropriate use of PUD Districts: A. Provide for the establishment of PUD districts in appropriate settings and situations to create or maintain a development pattern that complies with the comprehensive plan. B. Allow for the mixing of land uses within a development when such mixing of land uses could not otherwise be accomplished under this title. C. Provide for variations to the strict application of the land use regulations in this title in order to improve site design and operation, while at the same time incorporating design elements (e.g., construction materials, landscaping, lighting, etc.) that exceed the city's standards to offset the effect of any variations. D. Promote a more creative and efficient approach to land use within the city, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the city. E. Preserve and enhance natural features and open spaces. F. Maintain or improve the efficiency of public streets and utilities. G. Ensure the establishment of appropriate transitions between differing land uses. Other Amendments. 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. City staff and our office have collaborated on drafting of proposed amendment language to address the current list of housekeeping related items for consideration in conjunction with the proposed Missing Middle amendments. The following changes are included in the proposed ordinance amendment:  Encroachments. Code enforcement staff requested a provision be added to the City Code specifically prohibiting land disturbing activities or placement of materials or structures on City properties. This umbrella provision added to Title 7 of the City Code will create the ability to address trespass on City properties through established code enforcement proceedures.  Street Extensions. Section 10-4-3.A of the Subdivision Ordinance requires that plats provide for arrangement and extension of streets to connect within existing subdivisions or provide opportunity for subdivision of adjacent unplatted parcels. The Subdivision Ordinance is proposed to be amended to specify that public streets constructed within a plat must be extended to the plat line to allow for continuation of the streets when adjacent parcels are subdivided.  Temporary Cul-De-Sacs. Section 104-3.D.1 of the Subdivision Ordinance requires a temporary cul-de-sac be provided at the terminus end of streets that will be extended in the future, either as part of a future phase of the same plat or for an abutting unplatted parcel. The Subdivision Ordinance is proposed to be amended to clarify that a temporary cul-de-sac is required when the temporary dead-end street is more than two hundred feet in length or accesses more than two dwelling units.  Subdivision Ordinance Variances. The City Attorney is recommending that the provisions for variance within the Subdivision Ordinance be amended to be the same as that of the Zoning Ordinance. The Zoning Ordinance provisions are consistent with the statutory language regarding practical difficulties versus the prior standard of undue hardship.  Definitions. The definition of wall signs within the Zoning Ordinance is proposed to be amended to include canopy and marquee signs for greater clarity in applying the regulations for walls signs established in Chapter 23 of the Zoning Ordinance.  Application Administration. The application sections of the Zoning Ordinance for amendment, conditional use permits, interim use permits, variances, and administrative permits reference fees as provided for by City Council resolution. The reference to City Council resolution is to be replaced by a cross reference to Section 11-1-19 of the Zoning Ordinance that addresses establishment of fees and responsibilities for costs related to zoning applications.  Approval Extension. Approvals for conditional use permits, interim use permits, and variances expire one year from the date of City Council action unless an extension is requested. In order to streamline the extension process, the following modifications are proposed: o Terminate one year from the date of approval or from the date a final plat is recorded, whichever is later. o Allow administrative approval of a one year extension. o Require only City Council approval for extensions; the City Council may refer extension requests to the Planning Commission if warranted.  Interim Use Permits. The Zoning Ordinance currently cross references the process, standards, and criteria for interim use permit applications with the provisions set forth for conditional use permits. Cross referencing was used in the past for duplicative sections of the Zoning Ordinance to reduce the bulk of the printed code book. However, as the regulations are now more often accessed online, reducing the number of clicks necessary to obtain information is a priority. As such, the Zoning Ordinance is to be amended to include procedures and standards for interim use permit applications within Chapter 5 of the Zoning Ordinance.  Variance Procedures. The City Attorney is recommending amendments to the procedures for variance applications set forth by Section 11-6-7 of the Zoning Ordinance, including eliminating the distinct minor and major variance applications. All variance applications will require a public hearing at the Planning Commission with recommendation to the City Council, sitting as the Board of Adjustment, for a final decision consistent with the process outlined by Statute.  Exterior Finishes. Section 11-17-9.B of the Zoning Ordinance establishes various grades of materials used for exterior finishes. This section of the Zoning Ordinance is often amended as new materials or finish techniques are developed that maintain desired aesthetics and durability. City staff is recommending that concrete based exterior cladding systems that are non-structural (opposed to pre-cast concrete panels) be included as a Grade A material.  Accessory Building Height. City staff is recommending modifications of building height limits for detached accessory structures established by Section 11-18-9.C of the Zoning Ordinance for residential uses to better align the allowed heights with the character of development.  Off-Street Parking. City staff is proposing amendment to the number of off-street parking spaces required by Section 11-19-13 of the Zoning Ordinance for commercial recreation uses. The proposed amendments include breaking down commercial recreation uses into various subcategories. The proposed number of spaces to be required for the specific uses are based on Institute of Transportation Engineer Parking Demand Studies, American Planning Association research, and review of other Twin Cities Metropolitan Area city zoning standards.  Signs. The provisions of Section 11-23-15.R.3.a of the Zoning Ordinance require amendment to include the M-1 and M-2 District related signs for multiple tenant buildings.  Antennas: o The City Attorney is recommending amendment of Section 11-25-1 and 11-30-23.C of the Zoning Ordinance to address placement of antennas within public rights-of-way, including exemptions from obtaining a conditional use permit. o Section 11-30-17.C.2 of the Zoning Ordinance must be amended to correct that a conditional use permit is required for placement of an antenna on other than a public structure or existing tower.  Renting Rooms. The Zoning Ordinance allows renting of rooms within single family dwellings by administrative permit within the RH-1 and RH-2 Districts. As single family dwellings are no longer an allowed use within these districts, the renting of room provisions are proposed to be repealed.  RH Districts: o City staff proposes that the Zoning Ordinance be amended to reduce the minimum lot area per dwelling unit requirement for townhomes within the RH-1 District from 5,000 square feet to 3,800 square feet consistent with RM-3 and RH-2 District density. o The design and construction standards for townhouses within the RH-1 and RH-2 Districts are also proposed to be revised to mirror the requirements of the RM-3 District rather than the RM-1 District. o The transition requirement for RH-1 and RH-2 District zoned property abutting RS Districts is proposed to be amended to only require one tier of townhouse dwellings in order to maintain the density guided by the Comprehensive Plan.  Downtown Lakeville. Development in downtown Lakeville is guided by the Downtown Development Guide. City staff recommends making compliance with the Downtown Development Guide an overall requirement of the District. This change will allow for multile family dwellings to be listed as a permitted instead of conditional use within the district. This change is proposed to make it easier to develop multiple family dwellings within downtown Lakeville while adhering to the Downtown Development Guide as to appropriate locations for such uses.  Data Centers. City staff recommends changing data centers from a permitted to conditional use within the O-P District due to potential infrastructure and compatibility issues with such uses and intended character of O-P District development. Data centers are to remain a permitted use within the I-1 and I-2 districts. CONCLUSION The information outlined herein is provided as background as to many of the development regulations discussed by Mayor Hellier, City staff, and residential builders current active in Lakeville related to Missing Middle housing issues. City staff has expanded the list of proposed amendments to also address the routine annual review of the City’s development regulations aimed at streamlining processes, maintaining best practices, or addressing administration and implementation issues. City staff recommends approval of the proposed ordinance amendments of the City’s development regulation in the form presented. c. Justin Miller, City Administrator Zachary Johnson, City Engineer Andrea McDowell Poehler, City Attorney 1 ORDINANCE NO.________ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE AND ZONING ORDINANCE OF THE LAKEVILLE CITY CODE THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Title 7 of the City Code (Public Ways and Property) is hereby amended to add the following chapter: CHAPTER 17 ENCROACHMENTS Section: 7-17-1: Encroachments Generally 7-17-1: ENCROACHMENTS GENERALLY: It is a violation of this code for any person other than the City or its authorized representatives to conduct land disturbance activities or to erect and/or place any improvements, materials, structure or building upon City owned easements, right-of-way, parcels, lots, or outlots except as may be allowed by this code or by written agreement approved by the City Council. Section 2. Section 10-4-3.A of the Subdivision Ordinance (Design Standards – Streets and Alleys) is hereby amended to read as follows: A. Streets, Continuous: Except for cul-de-sacs, streets shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of arterial and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff of stormwater, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. 1. The arrangement of arterial and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff 2 of stormwater, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served in accordance with Comprehensive Plan. 2. Streets within a plat shall connect with existing streets already dedicated in abutting subdivisions, or provide for future connections to adjoining unsubdivided tracts by providing a reasonable projection of streets constructed to the plat line and including a temporary cul-de-sac. 3. For streets within a plat connecting to existing streets in an abutting subdivision that were terminated at the plat line with a temporary cul-de-sac, the subdivider of the connecting plat shall be responsible at their cost for removal of the temporary cul-de-sac, replacement of the curb and street, and restoration of the boulevard and yard. Section 3. Section 10-4-3.D.1 of the Subdivision Ordinance (Design Standards – Streets and Alleys) is hereby amended to read as follows: 1. In those instances where a street is terminated pending future extension in conjunction with future subdivision and there is more than two hundred feet (200') or more than two (2) dwelling units accessed between the dead end and the nearest intersection, a temporary turnaround shall be provided at the closed end in conformance with cul-de-sac requirements. Section 4. Section 10-6-2 of the Subdivision Ordinance (Administration and Enforcement - Variances, Planning Commission Recommendations, Standards) is hereby repealed in its entirety and amended to read as follows: 10-6-2: VARIANCES A. Board of Adjustment. The city council shall act as the board of adjustments and appeals. B. Findings: 1. The planning commission may recommend, and the board of adjustment may approve a variance from the minimum standards of this title (not procedural provisions) when, in its opinion, the requirements of Section 10-6-2.B.3 have been met. 2. In recommending any variance, the planning commission shall prescribe and the board of adjustment shall impose any conditions related to and bearing a rough proportionality to the impact created by the variance that it deems necessary to or desirable for the public interest. 3 3. The planning commission shall not recommend and the board of adjustment shall not approve any variance request unless they find failure to grant the variance will result in practical difficulties. " Practical difficulties" means that the property owner proposes to use the property in a reasonable manner not permitted by this title, the plight of the landowner is due to circumstances unique to the property not caused by the landowner, and the granting of the variance will not alter the essential character of the neighborhood in which the land is located. Economic considerations alone do not constitute practical difficulties. Practical difficulties includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. The following criteria must also be met: a. That the variance would be consistent with the comprehensive plan. b. That the variance would be in harmony with the general purposes and intent of this title. c. That the variance would not allow a use that is not permitted in the zoning district in which the subject property is located, except as allowed by section 10-6-2.B.5 of this section. 4. Variances shall be granted for earth sheltered construction, as defined in Minnesota Statutes, Section 216C.06, subd. 14, when in harmony with this title. 5. Variances may be permitted for the temporary use of a single-family dwelling as a two-family dwelling. C. Procedures. Pursuant to Minnesota statutes 15.99, an application for a conditional use permit shall be approved or denied within sixty (60) days from the date of its complete submission unless extended by the city pursuant to statute or a time waiver is granted by the applicant. 1. Requests for a variance shall be filed with the zoning administrator on an official application form. 2. The application shall be considered as being officially submitted complete when the applicant has complied with all of the following information requirements: a. A written description of the request for the variance, including an explanation of compliance with the variance criteria set forth in section 10- 6-2.B of this section. b. Supporting materials as determined by the zoning administrator as applicable to be necessary for the complete and clear definition and understanding of the request. 4 c. A fee as established by ordinance in accordance with Section 11-1-19 of this title, which shall not be refunded. d. A list of property owners located within five hundred feet (500’) of the subject property obtained from and certified by an abstract company. d. Certification that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the variance application relates. 3. If a variance application is deemed to be incomplete by the zoning administrator, the applicant shall be notified in writing of what information must be provided within fifteen (15) business days of the notice of incompleteness in order for the application to be deemed complete. Failure to provide the required information within fifteen (15) business days shall result in the application being denied as incomplete. 4. Once a variance application is deemed complete by the zoning administrator, the zoning administrator shall direct the application materials to the appropriate city staff to assist the planning commission with developing a recommendation on the application to the board of adjustment. City staff may request additional information from the applicant concerning operational factors or retain expert testimony with the consent and at the expense of the applicant concerning operational factors. 5. A public hearing before the planning commission shall be scheduled no later than thirty (30) days after the date of the completed variance application. The applicant or the applicant’s representative shall have an opportunity to appear and discuss the requested variance at the public hearing. 6. Notice of the public hearing before the planning commission shall be mailed to all property owners within five hundred feet (500’) of the property to which the variance relates no later than ten (10) days in advance of the public hearing. Failure of a property owner to receive notice shall not invalidate the variance proceedings. 7. The planning commission shall issue a recommendation and findings of fact to the board of adjustment no later than fifteen (15) days after the public hearing. The planning commission may recommend such conditions on the requested variance as may secure the objectives of the regulations or provisions to which the adjustment or variance is granted, as to light, air, and the public health, safety, comfort, convenience and general welfare in rough proportionality to the impact created by the variance. 8. The board of adjustments shall make final findings of fact and approve or deny the variance application within thirty (30) days after the close of the public hearing before the planning commission, including any approved conditions for the variance. A variance application may only be approved by a four-fifths (4/5) vote of the full board of adjustment. A copy of this final decision shall be served upon the applicant or the applicant’s representative. 5 9. Any person aggrieved by the final decision of the board adjustment on a variance application shall have the right to appeal that decision within thirty (30) days of the date of service of the final decision, to the Dakota County District Court. Any person seeking judicial review under this chapter must serve their appeal on the city and all necessary parties, including any landowners, within the thirty (30) day period defined above. 10. Whenever an application for a variance has been considered and denied by the board of adjustment, a similar application for a variance affecting substantially the same property shall not be considered again by the planning commission or board of adjustment for at least six (6) months from the date of the denial unless four- fifths (4/5) of the board of adjustment votes to reconsider the application. D. Expiration: 1. Unless the board of adjustment specifically approves a different time when action is officially taken on the request, approvals which have been issued under the provisions of this chapter shall expire without further action by the planning commission or the board of adjustment, unless the applicant commences the authorized use or improvement within one (1) year of the date the variance is issued. 2. A request for extension of a variance use permit shall be in writing and filed with the City at least thirty (30) days prior to the expiration of the conditional use permit. 3. The request for extension of a variance shall state facts demonstrating that a good faith attempt has been made to complete or utilize the use or activity permitted in the variance. 4. The zoning administrator may administratively approve an extension of a variance, provided that: a. The administrative extension shall not exceed one (1) year from the initial variance expiration date. b. Only one (1) administrative extension shall be granted. c. There shall be no fee for the filing of a request for an administrative extension. 5. The city council may grant an extension of the variance of greater than one (1) year or any additional extensions, provided that: a. The city council may refer an extension request to the planning commission for review to consider if any circumstances related to the initial variance 6 have changed and provide a recommendation as to approval of an extension. b. An extension approved by the city council shall not exceed one (1) year. c. The filing of a petition to the city council for extension shall be accompanied by a fee as provided for by ordinance in accordance with section 1-1-9 of this title. Section 5. Section 11-2-3 of the Zoning Ordinance (Definitions) is hereby amended to revise the following definition: WALL SIGN: Any building sign attached parallel to, but within two feet (2') of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface; includes canopy and marquee signs. Section 6. Section 11-3-2.A of the Zoning Ordinance (Amendment; Administration – Procedure) is hereby amended to read as follows: A. Request for text and map amendments to the zoning ordinance shall be filed with the zoning administrator on an official application form. Such application shall be accompanied by a fee as provided by city council resolutionordinance in accordance with Section 11-1-19 of this title. The request shall be considered as being officially submitted when all the information requirements are complied with as determined by the zoning administrator. In cases when an application is judged to be incomplete, the zoning administrator or their designee shall notify the applicant, in writing, of what information must be provided for the application to be deemed complete within fifteen (15) business days from the date of submission. Section 7. Section 11-4-3.A of the Zoning Ordinance (Conditional Use Permits; Administration – Procedure) is hereby amended to read as follows: A. Request for conditional use permits, 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 resolutionordinance in accordance with Section 11-1-19 of this title. 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 or their designee shall notify the applicant, in writing, of what information must be provided for the application to be deemed complete within fifteen (15) business days from the date of submission. 7 Section 8. Section 11-4-13 of the Zoning Ordinance (Conditional Use Permits; Administration – Expiration) is hereby amended to read as follows: 11-4-13: EXPIRATION: Unless the city council specifically approves a different time when action is officially taken on the request, conditional use permits which have been issued under the provisions of this chapter shall expire without further action by the planning commission or the city council, unless the applicant commences the authorized use within one year of the date the conditional use permit is issued; or, unless before the expiration of the one year period; the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by city council resolution. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. A request for an extension not exceeding one year shall be subject to the review and approval of the zoning administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the planning commission for a recommendation and to the city council for a decision. A. Unless otherwise specified at the time it is approved by the city council, a conditional use permit shall be null and void and expire if the applicant fails to utilize such conditional use permit and fulfill each and every condition attached thereto within one (1) year from the date of its authorization or from the date a final plat is recorded, whichever is later, unless a petition for an extension of time in which to complete or utilize an extension has been granted. B. Extensions: 1. A request for extension of a conditional use permit shall be in writing and filed with the City at least thirty (30) days prior to the expiration of the conditional use permit. 2. The request for extension of a conditional use permit shall state facts demonstrating that a good faith attempt has been made to complete or utilize the use or activity permitted in the conditional use permit. 3. The zoning administrator may administratively approve an extension of a conditional use permit, provided that: a. The administrative extension shall not exceed one (1) year from the initial conditional use permit expiration date. b. Only one (1) administrative extension shall be granted. c. There shall be no fee for the filing of a request for an administrative extension. 8 4. The city council may grant an extension of the conditional use permit of greater than one (1) year or any additional extensions, provided that: a. The city council may refer an extension request to the planning commission for review to consider if any circumstances related to the initial conditional use permit have changed and provide a recommendation as to approval of an extension. b. An extension approved by the city council shall not exceed one (1) year. c. The filing of a petition to the city council for extension shall be accompanied by a fee as provided for by ordinance in accordance with section 1-1-9 of this title. Section 9. Section 11-5-3 of the Zoning Ordinance (Interim Use Permits; Administration – Procedure) is hereby amended to read as follows: 11-5-3: PROCEDURE: Uses defined as “interim uses” shall be processed according to the standards and procedures for a conditional use permit as established by chapter 4 of this title. Pursuant to Minnesota statutes 15.99, an application for an interim use permit shall be approved or denied within sixty (60) days from the date of its official and complete submission unless extended by the city pursuant to statute or a time waiver is granted by the applicant. Additional city requirements are as follows: A. Request for interim use permits, 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. 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 or their designee shall notify the applicant, in writing, of what information must be provided for the application to be deemed complete within fifteen (15) business days from the date of submission. B. Upon receipt of said application, the city clerk shall set a public hearing following proper hearing notification. The planning commission shall conduct the hearing, report its findings and make recommendations to the city council. Notice of said hearing shall consist of a legal property description, description of request and property location, and be published in the official newspaper at least ten (10) days prior to the hearing. Written notification of said hearing shall be mailed at least ten (10) days prior to all owners of land within five hundred feet (500') of the boundary of the property in question. C. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this title. 9 D. The zoning administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the city council. E. The planning commission shall consider possible effects of the proposed use with its judgment based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official city comprehensive plan. 2. The proposed use is or will be compatible with present and future land uses of the area. 3. The proposed use conforms with all performance standards contained in this code. 4. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. F. The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors. Said information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this title. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request. G. Unless excused by the planning commission chair, the applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed request. H. The planning commission shall make findings of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this title. Such recommendation shall be in writing and accompanied by the report and recommendation of the city staff, and shall be entered in and made part of the permanent written record of the city council meeting. I. The city council shall not grant an interim use permit until the planning commission has held a public hearing on the request. The city council shall act upon the conditional use permit within sixty (60) days from the date of submission of a complete application, unless an extension has been provided, pursuant to Minnesota statutes 15.99. 10 J. Upon receiving the report and recommendation of the planning commission and the city staff, the city council shall have the option to set and hold a public hearing if deemed necessary, shall make recorded findings of fact and may impose any condition it considers necessary to protect the public health, safety and welfare. K. Subject to limitations of Minnesota statutes 15.99, if, upon receiving said report and recommendations of the planning commission and city staff, the city council finds that specific inconsistencies exist in the review process and thus the final recommendation of the city council may differ from that of the planning commission, the city council may, before taking final action, refer the matter back to the planning commission for further consideration. The city council shall provide the planning commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action. L. Approval of a request shall require passage by a majority vote of the city council. M. All decisions made by the city regarding an interim use permit shall be final, except that any aggrieved person shall have the right to appeal within thirty (30) days after delivery of the decision to the appellant, to the District Court in Dakota County. Any person seeking judicial review under this chapter must serve the city and all necessary parties, including any landowners, within the thirty (30) day period defined above N. Whenever an application for an interim use permit has been considered and denied by the city council, a similar application for the interim use permit affecting substantially the same property shall not be considered again by the planning commission or city council for at least six (6) months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the planning commission or city council for an additional six (6) months from the date of the second denial unless a decision to reconsider such matter is made by a majority vote of the city council. Section 10. Section 11-5-5 of the Zoning Ordinance (Interim Use Permits; Administration – General Standards) is hereby amended to read as follows: 11-5-5: GENERAL PERFORMANCE STANDARDS: An interim use shall comply with the following: A. Meet the standards of a conditional use permit set forth in subsection 11-4-3E of this title. B. Conform to the applicable general performance standards of section 11-4-7 of this title. C. The use is allowed as an interim use in the respective zoning district. 11 A. In reviewing applications for interim use permits, the planning commission and the city council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses and to achieve the goals and objectives of the comprehensive plan including, but are not limited to, the following: 1. The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated and adequate right of way shall be provided. 2. The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with chapter 19 of this title. 3. If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles. 4. Adequate off street parking and off street loading shall be provided in compliance with chapters 19 and 20 of this title. 5. Loading areas and drive-up facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any "adjacent" residential use or district, and provided in compliance with chapter 20 of this title. 6. Whenever a nonresidential use "is adjacent to" a residential use or district, a buffer area with screening and landscaping shall be provided in compliance with chapter 21 of this title. 7. General site screening and landscaping shall be provided in compliance with chapter 21 of this title. 8. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right of way or neighboring residential uses or districts, and shall be in compliance with section 11-16-17 of this title. 9. Potential exterior noise generated by the use shall be identified and mitigation measures as may be necessary shall be imposed to ensure compliance with section 11-16-25 of this title. 10. The site drainage system shall be subject to the review and approval of the city engineer. 12 11. The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment. 12. Provisions shall be made for daily litter control, an interior location for recycling, and trash handling and storage or an outdoor, enclosed receptacle area shall be provided in compliance with section 11-18-11 of this title. 13. All signs and informational or visual communication devices shall be in compliance with chapter 23 of this title. 14. The use and site shall be in compliance with any federal, state or county law or regulation that is applicable and any related permits shall be obtained and documented to the city. 15. Any applicable business licenses mandated by this code are approved and obtained. 16. The hours of operation may be restricted when there is judged to be an incompatibility with a residential use or district. 17. The use complies with all applicable performance standards of the zoning district in which it is located and where applicable. DB. The date or event that will terminate the use can be identified with certainty. E. The use will not impose additional unreasonable costs on the public. FC. The user agreesproperty owner shall agree to any conditions that the city council deems appropriate for permission of the use. Section 11. Section 11-5-11 of the Zoning Ordinance (Interim Use Permits; Administration – Expiration) is hereby amended to read as follows: 11-5-11: EXPIRATION: Unless the city council specifically approves a different time when action is officially taken on the request, permits which have been issued under the provisions of this chapter shall expire without further action by the planning commission or the city council, unless the applicant commences the authorized use within one year of the date the interim use permit is issued; or, unless before the expiration of the one year period; the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by city council resolution. The request for extension shall state facts showing a 13 good faith attempt to complete or utilize the use permitted in the interim use permit. A request for an extension not exceeding one year shall be subject to the review and approval of the zoning administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the planning commission for a recommendation and to the city council for a decision. A. Unless otherwise specified at the time it is approved by the city council, an interim use permit shall be null and void and expire if the applicant fails to utilize such interim use permit and fulfill each and every condition attached thereto within one (1) year from the date of its authorization or recording a final plat, whichever is later, unless a petition for an extension of time in which to complete or utilize an extension has been granted. B. Extensions: 1. A request for extension of an interim use permit shall be in writing and filed with the City at least thirty (30) days prior to the expiration of the conditional use permit. 2. The request for extension of an interim use permit shall state facts demonstrating that a good faith attempt has been made to complete or utilize the use or activity permitted in the conditional use permit. 3. The zoning administrator may administratively approve an extension of an interim use permit, provided that: a. The administrative extension shall not exceed one (1) year from the initial conditional use permit expiration date. b. Only one (1) administrative extension shall be granted. c. There shall be no fee for the filing of a request for an administrative extension. 4. The city council may grant an extension of the interim use permit of greater than one (1) year or any additional extensions, provided that: a. The city council may refer an extension request to the planning commission for review to consider if any circumstances related to the initial interim use permit have changed and provide a recommendation as to approval of an extension. b. An extension approved by the city council shall not exceed one (1) year. 14 c. The filing of a petition to the city council for extension shall be accompanied by a fee as provided for by ordinance in accordance with section 1-1-9 of this title. Section 12. Section 11-6-7 of the Zoning Ordinance (Variances; Administration – Procedures) is hereby repealed in its entirety and amended to read as follows: 11-6-7: PROCEDURES: Pursuant to Minnesota statutes 15.99, an application for a conditional use permit shall be approved or denied within sixty (60) days from the date of its complete submission unless extended by the city pursuant to statute or a time waiver is granted by the applicant. A. Requests for a variance shall be filed with the zoning administrator on an official application form. B. The application shall be considered as being officially submitted complete when the applicant has complied with all of the following information requirements: 1. A written description of the request for the variance, including an explanation of compliance with the variance criteria set forth in section 10-6-2.B of this section. 2. Supporting materials as determined by the zoning administrator as applicable to be necessary for the complete and clear definition and understanding of the request. 3. A fee as established by ordinance in accordance with Section 11-1-19 of this title, which shall not be refunded. 4. A list of property owners located within five hundred feet (500’) of the subject property obtained from and certified by an abstract company. 5. Certification that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the variance application relates. C. If a variance application is deemed to be incomplete by the zoning administrator, the applicant shall be notified in writing of what information must be provided within fifteen (15) business days of the notice of incompleteness in order for the application to be deemed complete. Failure to provide the required information within fifteen (15) business days shall result in the application being denied as incomplete. D. Once a variance application is deemed complete by the zoning administrator, the zoning administrator shall direct the application materials to the appropriate city staff to assist the planning commission with developing a recommendation on the application to the board of adjustment. City staff may request additional information from the applicant concerning 15 operational factors or retain expert testimony with the consent and at the expense of the applicant concerning operational factors. E. A public hearing before the planning commission shall be scheduled no later than thirty (30) days after the date of the completed variance application. The applicant or the applicant’s representative shall have an opportunity to appear and discuss the requested variance at the public hearing. F. Notice of the public hearing before the planning commission shall be mailed to all property owners within five hundred feet (500’) of the property to which the variance relates no later than ten (10) days in advance of the public hearing. Failure of a property owner to receive notice shall not invalidate the variance proceedings. G. The planning commission shall issue a recommendation and findings of fact to the board of adjustment no later than fifteen (15) days after the public hearing. The planning commission may recommend such conditions on the requested variance as may secure the objectives of the regulations or provisions to which the adjustment or variance is granted, as to light, air, and the public health, safety, comfort, convenience and general welfare in rough proportionality to the impact created by the variance. H. The board of adjustments shall make final findings of fact and approve or deny the variance application within thirty (30) days after the close of the public hearing before the planning commission, including any approved conditions for the variance. A variance application may only be approved by a four-fifths (4/5) vote of the full board of adjustment. A copy of this final decision shall be served upon the applicant or the applicant’s representative. I. Any person aggrieved by the final decision of the board adjustment on a variance application shall have the right to appeal that decision within thirty (30) days of the date of service of the final decision, to the Dakota County District Court. Any person seeking judicial review under this chapter must serve their appeal on the city and all necessary parties, including any landowners, within the thirty (30) day period defined above. J. Whenever an application for a variance has been considered and denied by the board of adjustment, a similar application for a variance affecting substantially the same property shall not be considered again by the planning commission or board of adjustment for at least six (6) months from the date of the denial unless four-fifths (4/5) of the board of adjustment votes to reconsider the application. Section 13. Section 11-6-9 of the Zoning Ordinance (Variances; Administration – Expiration) is hereby repealed in its entirety and amended to read as follows: 11-6-9: EXPIRATION: A. Unless the board of adjustment specifically approves a different time when action is officially taken on the request, approvals which have been issued under the provisions of this chapter shall expire without further action by the planning commission or the board of 16 adjustment, unless the applicant commences the authorized use or improvement within one (1) year of the date the variance is issued. B. A request for extension of a variance use permit shall be in writing and filed with the City at least thirty (30) days prior to the expiration of the conditional use permit. C. The request for extension of a variance shall state facts demonstrating that a good faith attempt has been made to complete or utilize the use or activity permitted in the variance. D. The zoning administrator may administratively approve an extension of a variance, provided that: 1. The administrative extension shall not exceed one (1) year from the initial variance expiration date. 2. Only one (1) administrative extension shall be granted. 3. There shall be no fee for the filing of a request for an administrative extension. E. The city council may grant an extension of the variance of greater than one (1) year or any additional extensions, provided that: 1. The city council may refer an extension request to the planning commission for review to consider if any circumstances related to the initial variance have changed and provide a recommendation as to approval of an extension. 2. An extension approved by the city council shall not exceed one (1) year. 3. The filing of a petition to the city council for extension shall be accompanied by a fee as provided for by ordinance in accordance with section 1-1-9 of this title. Section 14. Section 11-7-9.A of the Zoning Ordinance (Appeals; Administration – Procedures) is hereby amended to read as follows: A. The property owner or their agent shall file with the zoning administrator a notice of appeal stating the specific grounds upon which the appeal is made. Said application shall be accompanied by a fee as established by city council resolutionordinance in accordance with Section 11-1-19 of this title. In cases where the application is judged to be incomplete, the zoning administrator or their designee shall notify the applicant, in writing, of what information must be provided for the application to be deemed complete within fifteen (15) business days of the date of submission. 17 Section 15. Section 11-8-3.A.2 of the Zoning Ordinance (Administrative Permits and Approvals; Administration – Procedures) is hereby amended to read as follows: 2. The application shall be accompanied by a fee as established by city council resolution. Applications for amending administrative permits shall be accompanied by a fee as established by city council resolutionordinance in accordance with Section 11-1-19 of this title. Section 16. Section 11-9-7.A of the Zoning Ordinance (Site Plan Review; Administration – Procedures) is hereby amended to read as follows: A. Filing Of Request: Request for site plan approval, as provided within this title, shall be filed with the zoning administrator on an official application form. Such application shall be accompanied by a fee as established by resolutionordinance in accordance with Section 11-1-19 of this title. Such application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the zoning administrator, fully explaining the proposed change, development, or use. The request shall be considered as being officially submitted and complete when the applicant has complied with all specified information requirements. In cases where an application is judged to be incomplete, the zoning administrator or their designee shall notify the applicant, in writing, of what information must be provided for the application to be deemed complete within fifteen (15) business days of the date of submission. Section 17. Section 11-17-9.B.1.d of the Zoning Ordinance (General Yard, Lot Area, and Building Regulations – Building Type and Construction) is hereby amended to add the following provision with subsequent sections renumbered accordingly: d. Concrete exterior cladding systems (non-structural) with a brick, stone, or other masonry-type appearance. Section 18. Section 11-17-9.F of the Zoning Ordinance (General Yard, Lot Area, and Building Regulations – Building Type and Construction) is hereby amended to read as follows: F. Site Plan: 1. For lots of record and preliminary platted lots having legal standing established on January 1, 1994, all site plans for single-family homes shall provide for the location of a two (2) stall garage, whether or not construction is intended. 18 2. For lots of record established after January 1, 1994, all site plans for single-family homes must provide for the location of a three (3) stall attached garage, whether or not construction is intended. F. For lots of record established after January 1, 1994, each single family dwelling shall include an attached garage meeting the requirements of section 11-18-7.D of this title. Section 19. Section 11-18-7.D of the Zoning Ordinance (Accessory Buildings, Structures, Uses and Equipment – Single Family Dwelling Accessory Uses) is hereby amended to read as follows: D. Attached Garages: 1. The area and width of an attached garage shall be measured by interior dimensions. 2. Attached garages shall comply with the following dimension standardsMinimum Requirements: a. Minimum Floor Area Of An Attached Garage: (1) For dwellings with basements: Four hundred eighty (480) square feet. (2) For dwellings without basements: Five hundred forty (540) square feet. a. The minimum floor area of an attached garage shall be four hundred (480) square feet. b. Attached garages shall be a minimum of twenty two feet (22') in width. c. The maximum width of the facade of an attached garage within the RS-4, RST-2, RM-1, and RM-2, RH-1 and RH-2 Districts shall be thirty six feet (36'). 3. Allowed Floor Area: a. The maximum floor area of an attached garage shall be one thousand (1,000) square feet except allowed by section 11-18-7.D.3.b of this title. 19 b. An attached garage for a single-family dwelling with an above grade finished floor area of more than two thousand (2,000) square feet within the RS-1, RS-2, and RS-3 Districts: (1) The maximum floor area shall be one thousand two hundred fifty (1,250) square feet. (2) For lots greater than one (1) acre in area the maximum floor area may be greater than one thousand two hundred fifty (1,250) square feet by conditional use permit subject to the provisions listed in section 11-18-5 of this chapter. ca. The area of the attached garage shall comply with the limitations specified in Section 11-18-9.D of this title. db. Storage spaces located directly below attached garages shall not be considered in determining allowable accessory building floor area. 4. An attached garage shall comply with all building and setback requirements applicable to the principal building. Section 20. Section 11-18-9.C of the Zoning Ordinance (Accessory Buildings, Structures, Uses and Equipment – All Zoning Districts) is hereby amended to read as follows: C. Height: Accessory structures and buildings shall comply with the following height limitations, except as may be allowed by conditional use permit: 1. Buildings and Structures Accessory to Detached Single-Family Dwellings: 20 2. Structures and buildings accessory to Detached Accessory Buildings Other Than Garages: Detached accessory buildings other than garages shall be limited to fifteen feet (15') in height on all two-family, or townhouse unit lots, or multiple family uses: shall be limited to tTwenty feet (20’) in height. 3. Structures and buildings accessory to Multiple-Family And nonresidential uses: a. Detached accessory buildings and structures shall be limited to twenty feet (20') in height for all multiple-family uses. b. Accessory buildings and structures for non-residential uses shall be limited to the height allowed for principal buildings within the respective zoning districts, unless otherwise limited by this title. 4. Conditional Use Permit: Application for a conditional use permit to allow a structure or building with a height greater than that allowed under this section may be granted provided that: a. There is a functional need for the additional height while maintaining that the structure is accessory to the principal use consistent with the intent of this title. b. The additional height is necessary to maintain an evident architectural character compatible to the principal building. c. In no case shall the height of an accessory building exceed that of the principal building on the lot on which it is located within the RS-3, RS-4, RST-1, RST-2, RM-1, RM-2, RH-1, RH-2, districts. Section 21. Section 11-18-9.D of the Zoning Ordinance (Accessory Buildings, Structures, Uses and Equipment – All Zoning Districts) is hereby amended to read as follows: D. Except for agricultural buildings on farms, as expressly permitted by conditional use permit, the combination of accessory buildings and garages shall not exceed either of the following area limitations per unit or the total gross floor area of the principal structure, whichever is least: 21 Zoning District Area That May Be Occupied By The Accessory Building Combined Allowable Floor Area Per Unit A-P All uses Not applicable Not applicable RA Single-family 10 percent 8,712 RS-1 Single-family 10 percent 2,000 RS-2 Single-family 10 percent 1,500 RS-3 Single-family 10 percent 1,500 RS-4 Single-family 10 percent 1,100 (interior lot) 1,250 (corner lot) 1,250 (corner lot) and RM-3 Section 22. Section 11-19-13.A of the Zoning Ordinance (Off-Street Parking - Number of Spaces Required) is hereby amended to include the following rows: 22 Recreation this section space for every 2 persons design capacity for group activity areas, plus or other ancillary uses as required by this section of the parking space requirement for any associated retail use; on site provide additional spaces for that use as required by this section. square feet of floor area. square feet over 2,000 square feet maximum fire code capacity maximum design capacity. Section 23. Section 11-19-13.A of the Zoning Ordinance (Off-Street Parking - Number of Spaces Required) is hereby amended to delete the following rows: 23 ancillary uses. Section 24. Section 11-19-13.A of the Zoning Ordinance (Off-Street Parking - Number of Spaces Required) is hereby amended to revise the following rows: Section 25. Section 11-23-15.R.3.a of the Zoning Ordinance (Signs – General Regulations) is hereby amended to read as follows: a. Within the O-R, M-1, M-2, C-1, C-2, C-3, C-CBD, and O-P districts: (1) The number of individual wall, canopy, or marquee signs shall be limited to one (1) elevation per tenant space except additional sign(s) may be displayed on a second elevation for the tenant of a corner suite or a suite that extends through the building thus having two (2) exterior walls. (2) The tenant's business shall have an exclusive exterior entrance except when the tenant occupies greater than twenty percent (20%) of the net leasable area of the building. 24 (3) The sign(s) shall be located only on the exterior wall of the tenant space to which the sign permit is issued, except when the tenant occupies greater than twenty percent (20%) of the net leasable area of the building, but is (are) not required to face a public street. (4) Each sign and the total area of all signs on a single elevation for an individual tenant shall be limited to the maximum wall sign size permitted in the applicable zoning district provisions in section 11- 23-19 of this chapter. Section 26. Section 11-25-1 of the Zoning Ordinance (Public Property/Rights of Way) is hereby repealed in its entirety and amended to read as follows: 11-25-1: COVERAGE: The erection and/or placement of any structure in the public right of way or on city property by any person, or group other than the city of Lakeville, Dakota County, metropolitan council, the state of Minnesota, federal government or franchised utility shall require the processing of a conditional use permit in accordance with chapter 4 of this title. Exceptions to this provision include newsstands; USPS mailboxes, essential services, signs allowed under chapter 23 of this title, radio receivers and transmitters as an accessory use to essential services, personal wireless communication antennas located on existing lattice electrical transmission towers, and small wireless facilities and wireless support structures as defined in Minnesota Statutes section 237.162, provided that the use and equipment comply with all applicable requirements of this title. Section 27. Section 11-30-17.C.2 of the Zoning Ordinance (Antennas – Personal Wireless Service Antennas) is hereby amended to read as follows: 2. Antennas Not Located Upon An Existing Structure Or Existing Tower: Personal wireless service antennas not located upon a public structure or tower shall require the processing of an administrativeconditional use permit and shall comply with the following standards: a. If there is no existing structure which meets the height requirements for mounting the antennas, the antennas may be mounted upon a monopole tower not exceeding one hundred fifty feet (150') in height. The tower shall be located on a parcel having a setback equal to the height of the tower measured between the base of the pole or tower located nearest the property line and said property line, unless a qualified engineer specifies in writing that the collapse of the pole or tower will occur within a lesser distance under all foreseeable circumstances. b. An administrativeconditional use permit is issued in compliance with the provisions of chapter 84 of this title. 25 Section 28. Section 11-30-23.C of the Zoning Ordinance (Antennas – Telecommunications Right-of-Way Users) is hereby repealed in its entirety and amended to read as follows: C. Conditional Use Permit Required: The following require a conditional use permit based upon procedures set forth in and regulated by chapter 4 of this title. Additionally, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 11-4-3.E and section 11-4-7 of this title. 1. Poles and towers used exclusively for the placement of wireless antennas, provided the pole or tower complies with the standards and criteria set forth in this chapter, except that a conditional use permit shall not be required for a wireless support structure as defined in Minnesota Statutes section 237.162. 2. Ground mounted equipment that exceeds the size limit specified in section 11-30- 23.B.2 of this section. Section 29. 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: H. Single-family detached dwellings; reduction of minimum lot area and width requirements, provided that: 1. The preliminary plat shall have a minimum net developable area of twenty (20) acres or greater. 2. Not more than thirty five (35) percent of the lots within the preliminary plat shall have a lot area or width less than the minimums required by Section 11-53-13 of this title. 3. The preliminary plat shall have direct access via minor collector or local streets to an arterial or major collector street as defined by the Comprehensive Plan. 4. Sewer and water utility capacity consistent with the Comprehensive Plan is sufficient and available to accommodate the preliminary plat, subject to review and approval of the City Engineer. 5. Lots less than the minimum area and width required by Section 11-53-13 of this title shall comply with the following, subject to additional requirements, exceptions, and modifications set forth in this title: 26 6. The subdivision design shall provide for a curvilinear form of street layout, opposed to a grid pattern, based on consideration for natural and man-made barriers to organize lots and blocks, minimize through traffic, and calm traffic speeds. Section 30. Section 11-57-7.H of the Zoning Ordinance (RST-2 District – Conditional Uses) is hereby repealed and subsequent sections renumbered accordingly: H. Single-family detached dwellings; reduction of minimum lot area and width requirements for a preliminary plat having a net developable area of one hundred (100) acres or greater, provided that: 1. The mean area of all single family lots within the preliminary plat shall be equal to or greater than the minimum lot area required by Section 11-57-15.A of this title. 2. Not more than thirty five (35) percent of the lots within the preliminary plat shall have a lot area or width less than the minimums required by Section 11-57-15.A of this title. 27 3. Lots less than the minimum area and width required by Section 11-57-15.A of this title shall comply with the following, subject to additional requirements, exceptions, and modifications set forth in this title: 4. Sewer and water utility capacity consistent with the Comprehensive Plan is sufficient and available to accommodate the preliminary plat, subject to review and approval of the City Engineer. 5. The preliminary plat shall have direct access via minor collector or local streets to an arterial or major collector street as defined by the Comprehensive Plan. Section 31. Section 11-57-15.B of the Zoning Ordinance (RST-2 District – Lot Requirements and Setbacks) is hereby amended to read as follows: B. Detached townhome and two-family dwellings: 1. Unit Lots: The following minimum unit lot requirements shall be applied to the subdivision of detached townhome and two-family dwellings to permit individual private ownership of a single dwelling within such a structure: a. Lot Area: Detached townhome and two-family unit lots shall have sufficient lot area to include the living area, garages, decks, patios, or porches of the individual dwelling units. 2. Base Lot Setbacks: a. A minimum setback of thirty feet (30') shall be required at the periphery of the base lot development. 3. Building Setbacks: The following minimum internal setbacks shall be imposed on detached townhome and two-family developments that include more than one principal structure on a base lot: 28 a. Setback between buildings within the same base lot preliminary platted after April 5, 2004, shall maintain a minimum separation of fourteen feet (14'). b. Buildings shall be set back a minimum of twenty feet (20') from public rights of way except that the garage face shall be set back twenty five feet (25') from public rights of way. c. A protective natural buffer and building setback shall be provided for all designated wetlands in conformance with section 11-16-13 of this title. B. Detached townhome and two-family dwellings. The following minimum unit and base lot requirements shall be applied to the subdivision of detached townhome and two-family dwellings to permit individual private ownership of a single dwelling within a structure: 1. Unit Lots. Unit lots shall have sufficient lot area to include the living area, garage, decks, patios, or porches of the individual dwelling units. 2. Base Lot Setbacks. A minimum setback of ten feet (10') shall be required at the periphery of the base lot. 3. Setbacks Between Buildings. A minimum setback of fourteen feet (14') shall be required between buildings within the same base lot. 4. Setback from Public Rights-of-Way. Buildings shall be set back a minimum of twenty feet (20') from public rights of way, except that the garage face shall be set back twenty five feet (25') from public rights of way. 5. Wetlands. A protective natural buffer and building setback shall be provided for all designated wetlands in conformance with section 11-16-13 of this title. Section 32. Section 11-57-15.A of the Zoning Ordinance (RST-2 District – Lot Requirements and Setbacks) is hereby amended to read as follows: A. Single-family detached dwellings: 29 face of the garage yard abutting a public right of way Section 33. Section 11-57-19.B.3 of the Zoning Ordinance (RST-2 District – Two Family and Detached Townhome Design and Construction Standards) is hereby amended to read as follows: 3. Exterior Building Finish, Detached Townhome Dwelling And Two-Family Dwelling Units: The exterior of detached townhome and two-family dwelling units shall include a variation in building materials which are to be distributed throughout the building elevations and coordinated into the architectural design of the structure to create an architecturally balanced appearance. In addition, detached townhome and two-family dwelling structures shall comply with the following requirements: a. A minimum of twenty five percent (25%) of the area of each elevation of a structure shall have an exterior finish of brick, stucco and/or natural or artificial stone. b. Except for brick, stucco, and/or natural or artificial stone, no single elevation shall have more than seventy five percent (75%) of one type of exterior finish. c. Except for brick, stucco, and/or natural or artificial stone, no townhome dwelling structure shall have more than sixty percent (60%) of all elevations of one type of exterior finish. d. For the purpose of this section: 30 (1) The area of the elevation shall not include area devoted to windows, entrance doors, garage doors, or roof areas. (2) Variations in texture or style (i.e., lap siding versus shake shingle siding) shall be considered as different materials meeting the requirements of this section. (3) Integral colored split face (rock face) concrete block or cement fiberboard shall qualify for meeting the brick, stucco and/or natural or artificial stone exterior material requirements for any elevation of a building that is not its front defined by the primary exterior entrance. If these materials are used to meet the brick, stucco and/or natural or artificial stone exterior material requirement for the other elevations, the material shall extend the full width of the foundation adjacent at ground level and shall be used for at least sixty percent (60%) of the area of that elevation. 3. Exterior Building Finish: The exterior of detached townhome and two-family dwelling units shall include a variation in building materials that are to be distributed throughout the building elevations and coordinated into the architectural design of the structure to create an architecturally balanced appearance and shall comply with the following requirements: a. Except for brick, stucco, and/or natural or artificial stone, no single elevation shall have more than seventy five percent (75%) of one type of exterior finish. b. Except for brick, stucco, and/or natural or artificial stone, no townhome dwelling structure shall have more than sixty percent (60%) of all elevations of one type of exterior finish. c. For the purpose of this section: (1) The area of the elevation shall not include area devoted to windows, entrance doors, garage doors, or roof areas. (2) Variations in texture or style (i.e., lap siding versus shake shingle siding) shall be considered as different materials meeting the requirements of this section. (3) Integral colored split face (rock face) concrete block, cement fiberboard, or engineered wood shall be considered the same as brick, stucco, and/or natural or artificial stone exterior materials for 31 any elevation of a building that is not its front defined by the primary exterior entrance. Section 34. Section 11-57-19.C.2 of the Zoning Ordinance (RST-2 District – Two Family and Detached Townhome Design and Construction Standards) is hereby amended to read as follows: 2. Garages shall comply with the following minimum size standardsMinimum Requirements: a. For dwellings with basements: Garages shall have a minimum area of four hundred forty (440) square feet. b. For dwellings without basements: Five hundred forty (540) square feet. c. Garages shall be a minimum of twenty feet (20') in width measured by interior dimensions. Section 35. Section 11-58-17 of the Zoning Ordinance (RM-1 District – Lot Requirements and Setbacks) is hereby amended to read as follows: 11-58-17: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements shall be observed in an RM-1 district subject to additional requirements, exceptions and modifications set forth in this title: A. Single-Family Detached Dwellings: face of the garage yard abutting a public right of way 32 Buffer yard requirements as applicable to the RS-4 district shall apply to single-family lots within the RM-1 district. B. Two-Family And Townhome Dwellings: 1. Unit Lots: The following minimum unit lot requirements shall be applied to the subdivision of detached townhome and two-family dwellings to permit individual private ownership of a single dwelling within such a structure: a. Lot Area: Detached townhome and two-family unit lots shall have sufficient lot area to include the living area, garages, decks, patios, or porches of the individual dwelling units. 2. Base Lot Setbacks: a. A minimum setback of thirty feet (30') shall be required at the periphery of the base lot development. 3. Building Setbacks: The following minimum internal setbacks shall be imposed on detached townhome and two-family developments that include more than one principal structure on a base lot: a. Setback between buildings within the same base lot preliminary platted after April 5, 2004, shall maintain a minimum separation of fourteen feet (14'). b. Buildings shall be set back a minimum of twenty feet (20') from public rights of way except that the garage face shall be set back twenty five feet (25') from public rights of way. c. A protective natural buffer and building setback shall be provided for all designated wetlands in conformance with section 11-16-13 of this title. 4. Buffer Yard: The additional screening and lot requirements of subsection 11-21-9E of this title shall apply. 11-58-17: LOT REQUIREMENTS AND SETBACKS: The following minimum unit and base lot requirements shall be observed in an RM-1 District, subject to additional requirements, exceptions and modifications set forth in this title, and applied to the subdivision of detached townhome, two- family, and townhome dwellings to permit individual private ownership of a single dwelling within such a structure: 33 A. Unit Lots. Unit lots shall have sufficient lot area to include the living area, garages, decks, patios, or porches of the individual dwelling units. B. Base Lot Setbacks. A minimum setback of ten feet (10') shall be required at the periphery of the base lot. C. Setbacks Between Buildings. A minimum setback of fourteen feet (14') shall be required between buildings within the same base lot. D. Setbacks from Public Rights-of-Way. Buildings shall be set back a minimum of twenty feet (20') from public rights of way, except that the garage face shall be set back twenty five feet (25') from public rights of way. E. Private Drive Setbacks. Buildings shall be set back a minimum of thirty feet (30') from the back of curb line of private drives. F. Wetlands. A protective natural buffer and building setback shall be provided for all designated wetlands in conformance with section 11-16-13 of this title. G. Buffer Yard: The additional screening and lot requirements of subsection 11-21-9E of this title shall apply. Section 36. Section 11-58-21.B.3 of the Zoning Ordinance (RM-1 District –Design and Construction Standards) is hereby amended to read as follows: 3. Exterior Building Finish, Detached Townhome Dwelling, Two-Family, And Townhouse Dwelling Units: The exterior of detached townhome, two-family, and townhouse dwelling units shall include a variation in building materials which are to be distributed throughout the building elevations and coordinated into the architectural design of the structure to create an architecturally balanced appearance. In addition, detached townhome, two-family, and townhouse dwelling structures shall comply with the following requirements: a. A minimum of twenty five percent (25%) of the area of each elevation of a structure shall have an exterior finish of brick, stucco, and/or natural or artificial stone. b. Except for brick, stucco, and/or natural or artificial stone, no single elevation shall have more than seventy five percent (75%) of one type of exterior finish. 34 c. Except for brick, stucco, and/or natural or artificial stone, no townhome dwelling structure shall have more than sixty percent (60%) of all elevations of one type of exterior finish. d. For the purpose of this section: (1) The area of the elevation shall not include area devoted to windows, entrance doors, garage doors, or roof areas. (2) Variations in texture or style (i.e., lap siding versus shake shingle siding) shall be considered as different materials meeting the requirements of this section. (3) Integral colored split face (rock face) concrete block or cement fiberboard shall qualify for meeting the brick, stucco and/or natural or artificial stone exterior material requirements for any elevation of a building that is not its front defined by the primary exterior entrance. If these materials are used to meet the brick, stucco and/or natural or artificial stone exterior material requirement for the other elevations, the material shall extend the full width of the foundation adjacent at ground level and shall be used for at least sixty percent (60%) of the area of that elevation. 3. Exterior Building Finish: The exterior of detached townhome, two-family and townhome dwelling units shall include a variation in building materials that are to be distributed throughout the building elevations and coordinated into the architectural design of the structure to create an architecturally balanced appearance and shall comply with the following requirements: a. Except for brick, stucco, and/or natural or artificial stone, no single elevation shall have more than seventy five percent (75%) of one type of exterior finish. b. Except for brick, stucco, and/or natural or artificial stone, no townhome dwelling structure shall have more than sixty percent (60%) of all elevations of one type of exterior finish. c. For the purpose of this section: (1) The area of the elevation shall not include area devoted to windows, entrance doors, garage doors, or roof areas. 35 (2) Variations in texture or style (i.e., lap siding versus shake shingle siding) shall be considered as different materials meeting the requirements of this section. (3) Integral colored split face (rock face) concrete block, cement fiberboard, or engineered wood shall be considered the same as brick, stucco, and/or natural or artificial stone exterior materials for any elevation of a building that is not its front defined by the primary exterior entrance. Section 37. Section 11-58-21.C.2 of the Zoning Ordinance (RM-1 District – Design and Construction Standards) is hereby amended to read as follows: 2. Garages shall comply with the following minimum size standardsMinimum Requirements: a. For dwellings with basements: FGarages shall have a minimum area of four hundred forty (440) square feet. b. For dwellings without basements: Five hundred forty (540) square feet. c. Garages shall be a minimum of twenty feet (20') in width measured by interior dimensions. Section 38. Section 11-59-17 of the Zoning Ordinance (RM-2 District – Lot Requirements and Setbacks) is hereby amended to read as follows: 11-59-17: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements shall be observed in an RM-2 district subject to additional requirements, exceptions and modifications set forth in this title: A. Two-Family And Townhome Dwellings: 1. Unit Lots: The following minimum unit lot requirements shall be applied to the subdivision of detached townhome and two-family dwellings to permit individual private ownership of a single dwelling within such a structure: a. Lot Area: Detached townhome and two-family unit lots shall have sufficient lot area to include the living area, garages, decks, patios, or porches of the individual dwelling units. 2. Base Lot Setbacks: 36 a. A minimum setback of thirty feet (30') shall be required at the periphery of the base lot development. 3. Building Setbacks: The following minimum internal setbacks shall be imposed on detached townhome and two-family developments that include more than one principal structure on a base lot: a. Setback between buildings within the same base lot preliminary platted after April 5, 2004, shall maintain a minimum separation of fourteen feet (14'). b. Buildings shall be set back a minimum of twenty feet (20') from public rights of way except that the garage face shall be set back twenty five feet (25') from public rights of way. c. A protective natural buffer and building setback shall be provided for all designated wetlands in conformance with section 11-16-13 of this title. 4. Buffer Yard: The additional screening and lot requirements of subsection 11-21-9E of this title shall apply. 11-59-17: LOT REQUIREMENTS AND SETBACKS: The following minimum unit and base lot requirements shall be observed in an RM-2 District, subject to additional requirements, exceptions and modifications set forth in this title, and applied to the subdivision of detached townhome, two- family, and townhome dwellings to permit individual private ownership of a single dwelling within such a structure: A. Unit Lots. Unit lots shall have sufficient lot area to include the living area, garages, decks, patios, or porches of the individual dwelling units. B. Base Lot Setbacks. A minimum setback of ten feet (10') shall be required at the periphery of the base lot. C. Setbacks Between Buildings. A minimum setback of fourteen feet (14') shall be required between buildings within the same base lot. D. Setbacks from Public Rights-of-Way. Buildings shall be set back a minimum of twenty feet (20') from public rights of way, except that the garage face shall be set back twenty five feet (25') from public rights of way. E. Private Drive Setbacks. Buildings shall be set back a minimum of thirty feet (30') from the back of curb line of private drives. 37 F. Wetlands. A protective natural buffer and building setback shall be provided for all designated wetlands in conformance with section 11-16-13 of this title. G. Buffer Yard: The additional screening and lot requirements of subsection 11-21-9E of this title shall apply. Section 39. Section 11-59-21.B.3 of the Zoning Ordinance (RM-1 District –Design and Construction Standards) is hereby amended read as follows: 3. Exterior Building Finish, Detached Townhome Dwelling, Two-Family, And Townhouse Dwelling Units: The exterior of detached townhome, two-family, and townhouse dwelling units shall include a variation in building materials which are to be distributed throughout the building elevations and coordinated into the architectural design of the structure to create an architecturally balanced appearance. In addition, detached townhome, two-family, and townhouse dwelling structures shall comply with the following requirements: a. A minimum of twenty five percent (25%) of the area of each elevation of a structure shall have an exterior finish of brick, stucco and/or natural or artificial stone. b. Except for brick, stucco, and/or natural or artificial stone, no single elevation shall have more than seventy five percent (75%) of one type of exterior finish. c. Except for brick, stucco, and/or natural or artificial stone, no townhome dwelling structure shall have more than sixty percent (60%) of all elevations of one type of exterior finish. d. For the purpose of this section: (1) The area of the elevation shall not include area devoted to windows, entrance doors, garage doors, or roof areas. (2) Variations in texture or style (i.e., lap siding versus shake shingle siding) shall be considered as different materials meeting the requirements of this section. (3) Integral colored split face (rock face) concrete block or cement fiberboard shall qualify for meeting the brick, stucco and/or natural or artificial stone exterior material requirements for any elevation of a building that is not its front defined by the primary exterior entrance. If these materials are used to meet the brick, stucco 38 and/or natural or artificial stone exterior material requirement for the other elevations, the material shall extend the full width of the foundation adjacent at ground level and shall be used for at least sixty percent (60%) of the area of that elevation. 3. Exterior Building Finish: The exterior of detached townhome, two-family and townhome dwelling units shall include a variation in building materials that are to be distributed throughout the building elevations and coordinated into the architectural design of the structure to create an architecturally balanced appearance and shall comply with the following requirements: a. Except for brick, stucco, and/or natural or artificial stone, no single elevation shall have more than seventy five percent (75%) of one type of exterior finish. b. Except for brick, stucco, and/or natural or artificial stone, no townhome dwelling structure shall have more than sixty percent (60%) of all elevations of one type of exterior finish. c. For the purpose of this section: (1) The area of the elevation shall not include area devoted to windows, entrance doors, garage doors, or roof areas. (2) Variations in texture or style (i.e., lap siding versus shake shingle siding) shall be considered as different materials meeting the requirements of this section. (3) Integral colored split face (rock face) concrete block, cement fiberboard, or engineered wood shall be considered the same as brick, stucco, and/or natural or artificial stone exterior materials for any elevation of a building that is not its front defined by the primary exterior entrance. Section 40. Section 11-59-21.C.2 of the Zoning Ordinance (RM-2 District – Design and Construction Standards) is hereby amended to read as follows: 2. Garages shall comply with the following minimum size standardsMinimum Requirements: a. For dwellings with basements: FGarages shall have a minimum area of four hundred forty (440) square feet. 39 b. For dwellings without basements: Five hundred forty (540) square feet. c. Garages shall be a minimum of twenty feet (20') in width measured by interior dimensions. Section 41. Section 11-60-17 of the Zoning Ordinance (RM-3 District – Lot Requirements and Setbacks) is hereby amended to read as follows: 11-60-17: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements shall be observed in an RM-3 district subject to additional requirements, exceptions and modifications set forth in this title: A. Detached Townhouse, Two-Family And Townhome Dwellings: 1. Unit Lots: The following minimum unit lot requirements shall be applied to the subdivision of two-family or townhome dwellings to permit individual private ownership of a single dwelling within such a structure: a. Lot Area: Detached townhouse, two-family or townhome unit lots shall have sufficient lot area to include the living area, garages, decks, patios or porches of the individual dwelling units. 2. Base Lot Setbacks: a. A minimum setback of ten feet (10') shall be required at the periphery of the base lot development. 3. Building Setbacks: The following minimum internal setbacks shall be imposed on medium density developments that include more than one (1) principal structure on a base lot: a. Minimum setback between buildings within the same base lot: Fourteen feet (14'). b. Buildings shall be set back a minimum of thirty feet (30') from the back of curb line of private drives, thirty feet (30') from major collector or arterial streets and ten feet (10') from other public rights of way except that the garage face shall be set back twenty five feet (25') from public rights of way. c. A protective natural buffer and setback shall be provided for all designated wetlands in conformance with section 11-16-13 of this title. 40 11-60-17: LOT REQUIREMENTS AND SETBACKS: The following minimum unit and base lot requirements shall be observed in an RM-3 District, subject to additional requirements, exceptions and modifications set forth in this title, and applied to the subdivision of two-family and townhome dwellings to permit individual private ownership of a single dwelling within a structure: A. Unit Lots. Unit lots shall have sufficient lot area to include the living area, garages, decks, patios, or porches of the individual dwelling units. B. Base Lot Setbacks. A minimum setback of ten feet (10') shall be required at the periphery of the base lot. C. Setbacks Between Buildings. A minimum setback of fourteen feet (14') shall be required between buildings within the same base lot. D. Setbacks from Public Rights-of-Way. Buildings shall be set back a minimum of thirty feet (30') from major collector or arterial streets and ten feet (10') from other public rights of way, except that the garage face shall be set back twenty five feet (25') from public rights of way. E. Private Drive Setbacks. Buildings shall be set back a minimum of thirty feet (30') from the back of curb line of private drives. F. Wetlands. A protective natural buffer and building setback shall be provided for all designated wetlands in conformance with section 11-16-13 of this title. Section 42. Section 11-60-21.B.3 of the Zoning Ordinance (RM-3 District – Design and Construction Standards) is hereby amended to read as follows: 3. Exterior Building Finish, Detached Townhome Dwelling, Two-Family, And Townhouse Dwelling Units: The exterior of principal and accessory structures shall include a variation in building materials whichthat are to be distributed throughout the building elevations and coordinated into the architectural design of the structure to create an architecturally balanced appearance to comply with the following requirements: a. Allowed exterior finish materials, not including for use on facias, trim, or roof, shall be limited to brick, stucco, natural or artificial stone, split face (rock face) concrete block, engineered wood siding, and/or cement fiberboard. b. A minimum of twenty five percent (25%) of the area of each elevation of a townhouse structure shall have an exterior finish of brick, stucco, and/or natural or artificial stone. 41 c. Except for brick, stucco, and/or natural or artificial stone, no single elevation shall have more than seventy five percent (75%) of one (1) type of exterior finish. d. Except for brick, stucco, and/or natural or artificial stone, no townhome dwelling structure shall have more than sixty percent (60%) of all elevations of one type of exterior finish. e. For the purpose of this section: (1) The area of the elevation shall not include area devoted to windows, entrance doors, garage doors, or roof areas. (2) Variations in texture or style (i.e., lap siding versus shake shingle siding) shall be considered as different materials meeting the requirements of this section. (3) Integral colored split face (rock face) concrete block, engineered wood siding, or cement fiberboard, or engineered wood shall qualify for meeting the brick, stucco, and/or natural or artificial stone exterior material requirements for any elevation of a building that is not its front defined by the primary exterior entrance. Section 43. Section 11-61-11.F of the Zoning Ordinance (RH-1 District – Uses by Administrative Permit) is hereby repealed with subsequent sections renumbered accordingly: F. Renting of rooms within an owner occupied single-family dwelling to not more than two (2) individuals who are each unrelated to the principal family as an accessory use provided that: 1. The property owner shall not enter into a rental agreement with more than two (2) individuals within a thirty (30) day period. 2. There shall be one off street parking stall provided for each rental occupant on the property in addition to the parking stalls required by chapter 19 of this title. Section 44. Section 11-61-13.A of the Zoning Ordinance (RH-1 District – Development Density) is hereby amended to read as follows: A. Townhome dwellings: Five thousand (5,000) Three thousand eight hundred (3,800) square feet per unit. 42 Section 45. Section 11-61-15 of the Zoning Ordinance (RH-1 District – Lot Requirements and Setbacks) is hereby amended to read as follows: 11-61-15: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements shall be observed in an RH-1 district subject to additional requirements, exceptions and modifications set forth in this title: A. Base Lot Minimums: Within the RH-1 district, the following minimum base lot requirements shall be imposed. The base lot shall represent the smallest lot or parcel which may accommodate development within the framework of the permitted density of section 11- 61-13 of this chapter prior to subdivision of unit lots. 1. Lot area: Twenty thousand (20,000) square feet. 2. Lot width: One hundred feet (100'). B. Unit Lots; Two-Family And Townhome Units: The following minimum unit lot requirements shall be applied to the subdivision of two-family dwellings or townhomes to permit individual private ownership of a single dwelling within such a structure: 1. Lot Area: Two-family or townhome unit lots shall have sufficient lot area to include the living area, garages, decks, patios or porches of the individual dwelling units. C. Unit Lots; Single-Family Detached Dwellings: Lot sizes and setback requirements for transitional single-family detached dwellings required by section 11-61-23 of this chapter shall be subject to the same standards imposed by the abutting residential district for which the transition is intended to buffer. D. Base Lot Setbacks: A minimum setback of thirty feet (30') shall be required at the periphery of the base lot development. E. Building Setbacks: The following minimum internal setbacks shall be imposed on developments that include more than one principal structure on a base lot: 1. Minimum setback between buildings within the same base lot preliminary platted after April 5, 2004: a. Detached townhome: Fourteen feet (14'). b. Townhome: Twenty feet (20'). c. Multiple-family: Twenty five feet (25'). 43 2. Buildings shall be set back a minimum of thirty feet (30') from the back of curb line of private drives, twenty feet (20') from public rights of way except that the garage face shall be set back twenty five feet (25') from public rights of way, and fifteen feet (15') from parking areas. 3. A protective natural buffer and building setback shall be provided for all designated wetlands in conformance with section 11-16-13 of this title. F. Buffer Yard: The additional screening and lot requirements of subsection 11-21-9E of this title shall apply 11-61-15: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements shall be observed in an RH-1 district subject to additional requirements, exceptions, and modifications set forth in this title: A. Base Lot Minimums: Within the RH-1 district, the following minimum base lot requirements shall be imposed. The base lot shall represent the smallest lot or parcel which may accommodate development within the framework of the permitted density of section 11- 61-13 of this chapter prior to subdivision of unit lots. 1. Lot area: Twenty thousand (20,000) square feet. 2. Lot width: One hundred feet (100'). B. Unit Lots: Unit lots shall have sufficient lot area to include the living area, garage, decks, patios, or porches of the individual dwelling units for the subdivision of townhomes to permit individual private ownership of a single dwelling within a structure. C. Base Lot Setbacks. A minimum setback of ten feet (10') shall be required at the periphery of the base lot. D. Minimum Setbacks Between Buildings Within the Same Base Lot: 1. Townhome: Fourteen feet (14'). 2. Multiple Family: Twenty feet (20’). E. Setbacks from Public Rights-of-Way. Buildings shall be set back a minimum of twenty feet (20') from public rights of way, except that the garage face shall be set back twenty five feet (25') from public rights of way. 44 F. Private Drive and Parking Area Setbacks. Buildings shall be set back a minimum of thirty feet (30') from the back of curb line of private drives and fifteen feet (15') from off-street parking areas. G. Wetlands. A protective natural buffer and building setback shall be provided for all designated wetlands in conformance with section 11-16-13 of this title. H. Buffer Yard: The additional screening and lot requirements of subsection 11-21-9E of this title shall apply. Section 46. Section 11-61-19.A of the Zoning Ordinance (RH-1 District – Design and Construction Standards) is hereby amended to read as follows: A. Design and construction standards for townhome uses shall be as provided for within the RM-3 District specified in section 11-5860-21 of this title. Section 47. Section 11-61-23 of the Zoning Ordinance (RH-1 District – Transition Requirements and Setbacks) is hereby amended to read as follows: 11-61-23: TRANSITION REQUIREMENT: Any RH-1 zoned property abutting an RS-1, RS-2, RS-3, RS-4, RS-CBD district shall have a minimum of one (1) tier of single-family detached, two- family dwelling lots, or detached townhomes bordering such a district and shall be subject to the same lot and building standards as the RST-2RM-1 district. Exemptions to the provisions of this section may be granted subject to the approval of an administrative permit at the time of development, provided one (1) 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 48. Section 11-62-11.F of the Zoning Ordinance (RH-2 District – Uses by Administrative Permit) is hereby repealed: F. Renting of rooms within an owner occupied single-family dwelling to not more than two (2) individuals who are each unrelated to the principal family as an accessory use provided that: 45 1. The property owner shall not enter into a rental agreement with more than two (2) individuals within a thirty (30) day period. 2. There shall be one off street parking stall provided for each rental occupant on the property in addition to the parking stalls required by chapter 19 of this title. Section 49. Section 11-62-15 of the Zoning Ordinance (RH-2 District – Lot Requirements and Setbacks) is hereby amended to read as follows: 11-62-15: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements shall be observed in an RH-2 district subject to additional requirements, exceptions and modifications set forth in this title: A. Base Lot Minimums: Within the RH-2 district, the following minimum base lot requirements shall be imposed. The base lot shall represent the smallest lot or parcel which may accommodate development within the framework of the permitted density of section 11- 62-13 of this chapter prior to subdivision of unit lots. 1. Lot area: Twenty thousand (20,000) square feet. 2. Lot width: One hundred feet (100'). B. Unit Lots; Two-Family And Townhome Units: The following minimum unit lot requirements shall be applied to the subdivision of two-family dwellings or townhomes to permit individual private ownership of a single dwelling within such a structure: 1. Lot Area: Two-family or townhome unit lots shall have sufficient lot area to include the living area, garages, decks, patios or porches of the individual dwelling units. C. Unit Lots; Single-Family Detached Dwellings: Lot sizes and setback requirements for transitional single-family detached dwellings required by section 11-62-23 of this chapter shall be subject to the same standards imposed by the abutting residential district for which the transition is intended to buffer. D. Base Lot Setbacks: A minimum setback of thirty feet (30') shall be required at the periphery of the base lot development. E. Building Setbacks: The following minimum internal setbacks shall be imposed on developments that include more than one principal structure on a base lot: 1. Minimum setback between buildings within the same base lot preliminary platted after April 5, 2004: 46 a. Detached townhome: Fourteen feet (14'). b. Townhome: Twenty feet (20'). c. Multiple-family: Twenty five feet (25'). 2. Buildings shall be set back a minimum of thirty feet (30') from the back of curb line of private drives, twenty feet (20') from public rights of way except that the garage face shall be set back twenty five feet (25') from public rights of way, and fifteen feet (15') from parking areas. 3. A protective natural buffer and building setback shall be provided for all designated wetlands in conformance with section 11-16-13 of this title. F. Buffer Yard: The additional screening and lot requirements of subsection 11-21-9E of this title shall apply 11-62-15: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements shall be observed in an RH-2 district subject to additional requirements, exceptions and modifications set forth in this title: A. Base Lot Minimums: Within the RH-2 district, the following minimum base lot requirements shall be imposed. The base lot shall represent the smallest lot or parcel which may accommodate development within the framework of the permitted density of section 11- 62-13 of this chapter prior to subdivision of unit lots. 1. Lot area: Twenty thousand (20,000) square feet. 2. Lot width: One hundred feet (100'). B. Unit Lots: Unit lots shall have sufficient lot area to include the living area, garage, decks, patios, or porches of the individual dwelling units for the subdivision of two-family dwellings or townhomes to permit individual private ownership of a single dwelling within a structure. C. Base Lot Setbacks. A minimum setback of ten feet (10') shall be required at the periphery of the base lot. D. Minimum Setbacks Between Buildings Within The Same Base Lot: 1. Townhome: Fourteen feet (14'). 2. Multiple Family: Twenty feet (20’). 47 E. Setbacks from Public Rights-of-Way. Buildings shall be set back a minimum of twenty feet (20') from public rights of way, except that the garage face shall be set back twenty five feet (25') from public rights of way. F. Private Drive and Parking Area Setbacks. Buildings shall be set back a minimum of thirty feet (30') from the back of curb line of private drives and fifteen feet (15') from off-street parking areas. G. Wetlands. A protective natural buffer and building setback shall be provided for all designated wetlands in conformance with section 11-16-13 of this title. H. Buffer Yard: The additional screening and lot requirements of subsection 11-21-9E of this title shall apply. Section 50. Section 11-62-19.A of the Zoning Ordinance (RH-2 District – Design and Construction Standards) is hereby amended to read as follows: A. Design and construction standards for townhome uses shall be as provided for within the RM-3 District specified in section 11-5860-21 of this title. Section 51. Section 11-62-23 of the Zoning Ordinance (RH-2 District – Transition Requirements and Setbacks) is hereby amended to read as follows: 11-62-23: TRANSITION REQUIREMENT: Any RH-2 zoned property abutting an RS-1, RS-2, RS-3, RS-4, RS-CBD district shall have a minimum of one (1) tier of single-family detached, two- family dwelling lots, or detached townhomes bordering such a district and shall be subject to the same lot and building standards as the RST-2RM-1 district. Exemptions to the provisions of this section may be granted subject to the approval of an administrative permit at the time of development, provided one (1) 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 52. Section 11-63-3 of the Zoning Ordinance (RH-CBD District – Processing) is hereby repealed in its entirety and amended to read as follows: 48 11-63-3: DOWNTOWN DEVELOPMENT GUIDE: Those permitted uses, conditional uses, interim uses, and uses by administrative permit provided for by this chapter within the RH-CBD district shall only be allowed provided that the specific property is guided for such uses by the Comprehensive Plan and Downtown Development Guide. Section 53. Section 11-63-5 of the Zoning Ordinance (RH-CBD District – Permitted Uses) is hereby amended to add the following provision with subsequent sections renumbered accordingly: B. Multiple family dwellings. Section 54. Section 11-63-9.E of the Zoning Ordinance (RH-CBD District – Conditional Uses) is hereby repealed in its entirety with subsequent sections renumbered accordingly. E. Multiple family dwellings, provided that: 1. The property shall be guided for high density residential use by the Comprehensive Plan and Downtown Development Guide. Section 55. Section 11-75-3.L of the Zoning Ordinance (OP District – Permitted Uses) is hereby repealed in its entirety with subsequent sections renumbered accordingly. L. Data centers. Section 56. Section 11-75-7 of the Zoning Ordinance (OP District – Conditional Uses) is hereby repealed in its entirety with subsequent sections renumbered accordingly. D. Data centers. Section 57. Section 11-96-3 of the Zoning Ordinance (PUD District – Application) is hereby amended read to as follows: 11-96-3: APPLICATION: Except for the portion of the city defined as the central area by the comprehensive plan, aA PUD district shall not be established for parcels guided for low density residential, rural or agricultural land uses by the comprehensive plan with a district area less than three hundred twenty (320) acres, except to allow for public or quasi-public uses. 49 Section 57. This ordinance shall be effective immediately upon its passage and publication according to law. (remainder of page intentionally blank signatures follow) 50 ADOPTED by the Lakeville City Council this ______ day of ______________, 2025. CITY OF LAKEVILLE BY: ________________________ Luke Hellier, Mayor ATTEST BY: ________________________ Ann Orlofsky, City Clerk