HomeMy WebLinkAbout1108 ORDINANCE NO.�I�
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE AND ZONING ORDINANCE
OF THE LAKEVILLE CITY CODE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Section 10-4-3.A of the Subdivision Ordinance (Design Standards — Streets
and Alleys) is hereby amended to read as follows:
A. Streets, Continuous:
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
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 2. 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 befinreen the dead end and the
1
nearest intersection, a temporary turnaround shall be provided at the closed end
in conformance with cul-de-sac requirements.
Section 3. 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- Variances, Planning Commission Recommendations, Standards) is hereby repealed in its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 10-6-2.6.3 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. 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�easonable 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 10-6-2.6.5 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.
2
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 variance 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.
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.
e. 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.
3
5. A public hearing before the planning commission shall be scheduled to consider
the variance application once deemed complete by the Zoning Administrator. The
applicant or the applicanYs 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 applicanYs representative.
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 senre 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.
4
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 e�ension 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
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 11-1-9 of
this title.
Section 4. Section 11-2-3 of the Zoning Ordinance (Definitions) is hereby amended to
revise the following definition:
WALL SIGN: Any 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 5. Section 11-3-2.A of the Zoning Ordinance (Amendment; Administration —
Procedure) is hereby amended to read as follows:
5
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 ordinance 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 6. 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 ordinance
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.
Section 7. Section 11-4-13 of the Zoning Ordinance (Conditional Use Permits;
Administration — Expiration) is hereby amended to read as follows:
11-4-13: EXPIRATION:
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.
6
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.
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 8. Section 11-5-3 of the Zoning Ordinance (Interim Use Permits; Administration
— Procedure) is hereby amended to read as follows:
11-5-3: PROCEDURE: 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
7
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.
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
8
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.
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 councit 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 9. Section 11-5-5 of the Zoning Ordinance (Interim Use Permits;Administration
—General Standards) is hereby amended to read as follows:
9
11-5-5: GENERAL PERFORMANCE STANDARDS: An interim use shall comply with the
following:
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 su�cient 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.
10
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.
B. The date or event that will terminate the use can be identified with certainty.
C. The property owner shall agree to any conditions that the city council deems appropriate
for permission of the use.
Section 10. Section 11-5-11 of the Zoning Ordinance(Interim Use Permits;Administration
— Expiration) is hereby amended to read as follows:
11-5-11: EXPIRATION:
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:
11
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 interim 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 e�ension 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.
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 11. 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
variance 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 fo� a variance shall be filed with the zoning administrator on an official
application form.
12
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 10-6-2.6 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
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 to consider the
variance application once deemed complete by the Zoning Administrator.The applicant or
the applicanYs 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
13
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 applicanYs
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 12. 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
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 shall be in writing and filed with the City at least thirty
(30) days prior to the expiration of the variance.
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.
14
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 app�oval 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 13. 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 ordinance 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.
Section 14. Section 11-8-3.A.2 of the Zoning Ordinance (Administrative Permits and
Approvals;Administration —Procedures) is hereby amended to read as follows:
2. Applications for amending administrative permits shall be accompanied by a fee
as established by-ordinance in accordance with Section 11-1-19 of this title.
Section 15. 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 ordinance 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 ioning 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
15
information must be provided for the application to be deemed complete within fifteen(15)
business days of the date of submission.
Section 16. Section 11-17-9.B.1.d of the Zoning Ordinance(General Yard, LotArea, 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 17. 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. 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 18. Section 11-18-7.D ofthe 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. Minimum Requirements:
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 Districts shall be thirty six feet (36').
3. Allowed Floor Area:
a. The area of the attached garage shall comply with the limitations specified
in Section 11-18-9.D of this title.
b. Storage spaces located directly below attached garages shall not be
considered in determining allowable accessory building floor area.
16
4. An attached garage shall comply with all building and setback requirements
applicable to the principal building.
Section 19. Section 11-18-9.0 ofthe 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�allowed by conditional use permit:
1. Buildings and Structures Accessory to Detached Single-Family Dwellings:
Zoning District Maximum Height
A-P 20 feet
RA 20 feet
RS-1 20 feet
RS-2 15 feet
RS-3 15 feet
RS-4 15 feet
RS-CBD 15 feet
RSMH 15 feet
RST 1 15 feet
RST-2 15 feet
RM-1 15 feet
RM-2 15 feet
RH-1 15 feet
RH-2 15 feet
2. Structures and buildings accessory to two-family, townhouse, or multiple family
uses: Twenty feet (20')
3. Structures and buildings accessory to nonresidential 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:
17
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, and RM-2 districts.
Section 20. 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 e�the
following area limitations per unit or the total gross floor area of the principal structure,
whichever is least:
Zoning Use Maximum
District Combined
Allowable Floor
Area Per Unit
(Square Feet)
A-P All uses Not applicable
RA Single-family 8,712
RS-1 Single-family 2,000
RS-2 Single-family 1,500
RS-3 Single-family 1,500
RS-4 Single-family 1,100 (interior lot)
1,250 (corner lot)
RS-CBD Single-family 840 (interior lot)
1,008 (corner lot)
RST 1 Single-family 1,500
Two-family 750
RST-2 Single-family 1,100 (interior lot)
1,250 (corner lot)
Detached 750
townhomes
Two-family 750
18
RM-1, RM-2, Single-family 1,100 (interior lot)
and RM-3 1,250 (corner lot)
Detached, 750
townhomes, two-
family, and
Townhouses
RH-1 and RH-2 Single-family 1,100 (interior lot)
1,250 (corner lot)
Two-family, and 750
Townhouses
Multiple Family 10 percent of lot area
Section 21. Section 11-19-13.A of the Zoning Ordinance (Off-Street Parking - Number of
Spaces Required) is hereby amended to include the following rows:
Commercial/industrial:
Commercial Bowling alleys 5 spaces for each lane plus additional
Recreation spaces for ancillary uses as required by
his section
Fitness centers 1 space for each exercise station, plus 1
space for every 2 persons design
capacity for group activity areas, plus
additional spaces for office, food service
or other ancillary uses as required by
his section
Golf courses spaces for each green plus 50 percen
of the parking space requirement for
any associated retail use; on site
restaurant and/or banquet facilities shall
provide additional spaces for that use
as required by this section.
Golf driving ranges 10 spaces plus 1 space for each 100
square feet of floor area.
Pickleball, racquet, or 5 spaces for each court
ennis court
19
Skating rink 20 spaces plus 1 space for each 200
square feet over 2,000 square feet
Other indoor facilities 1 space for every 2 persons at
maximum fire code capacity
Other outdoor facilities 1 space for every 2 persons of
maximum design capacity.
Section 22. Section 11-19-13.A of the Zoning Ordinance (Off-Street Parking - Number of
Spaces Required) is hereby amended to delete the following rows:
Commercial/industrial:
qe-pl�►s-s�ases-as
F-et�ieft►ses�i�ie
.69-fi�IOn /�
�6�?IFi@-AFf�fF�lAYafi�6H�31��
e
Section 23. Section 11-19-13.A of the Zoning Ordinance (Off-Street Parking- Number of
Spaces Required) is hereby amended to revise the following rows:
Commercial/industrial:
Banquet hall, private or public 0 spaces plus 1 space per 200 square
auction house eet over 2,000 square feet.
Section 24. Section 11-23-15.R.3.a of the Zoning Ordinance (Signs — General
Regulations) is hereby amended to read as follows:
20
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.
(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 25. 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 26. Section 11-27-3.A of the Zoning Ordinance (Model Homes - Qualification) is
hereby amended to read as follows:
A. The number of model homes within the final plat shall not exceed:
1. Prior to completion of public infrastructure improvements provided that at least a
maintainable Class 5 aggregate base, structurally sufficient to allow public safety
21
access to each building site approved by the City Engineer is installed prior to
issuance of a building permit:
a: One (1) building per homebuilder or the following, whichever is greater:
(1) Plats with less than forty (40) lots:
(a) Two (2) single family or detached townhouse buildings.
(b) One (1)two family or townhouse building.
(2) Plats with forty (40) lots or more:
(a) Three (3) single family or detached townhouse buildings.
(b) One (1)two family or townhouse building.
b. Construction of more than one (1) model home building allowed under this
subsection shall require the buildings be located on abutting lots.
2. After completion of public infrastructure improvements, including a first lift of
asphalt, approved by the City Engineer:
a. Single family or detached townhouse dwellings: Three (3) buildings or ten
percent (10%) of the single family or detached townhouse lots within the
final plat, whichever is greater.
b. Two family or townhouse dwellings: Six (6) units or 10 percent (10%) of
the total number of attached units within the final plat, whichever is greater.
Section 27. Section 11-30-17.C.2 ofthe 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 a conditional 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.
22
-
b. A conditional use ermit is issued in com liance with the rovisions of
P P P
chapter 4 of this title.
' Section 28. Section 11-30-23.0 of the Zonin Ordinance Antennas —
9 (
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-
23.6.2 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. 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.
2. 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.
3. 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.
4. 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.
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:
23
Lot area:
Corner 9,520 square feet
Interior 7,500 square feet
Lot width:
Corner 70 feet
Interior 55 feet
Setbacks:
Front yards 20 feet to the principal building; and 25 feet to the
face of the garage
Rear yards 30 feet
Side yards 7 feet from the adjacent lot, or 20 feet on the side
yard abutting a public right of way
Maximum building coverage 40 percent
Buffer yard Refer to subsection 11-21-9E1 of this title
Section 30. Section 11-57-7.H of the Zoning Ordinance (RST 2 District — Conditional
Uses) is hereby repealed and subsequent sections renumbered accordingly.
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:
Detached townhome and two-familv dwellinas. The followina minimum unit and base I
reauirements shall be an�lied to the subdivision of detached townhome and two-familv
s�wellinas to nermit individual nrivate ownershi�of a sinale dwellina within a structure:
1. Unit Lots. Unit lots shall have sufficient lot area to include the livina area_aaraae.
decks. natios. or norches of the individual dwellina units.
Base Lot Setbacks. A minimum setback of ten feet (10') shall be reauired at
t�eri�herv of the base lot.
Setbacks Between Buildinas.A minimum setback of fourteen feet (14'1 shall be
rPauired between buildinas within the same base lot.
Setback from Public Riahts-of-Wav. Buildinas shall be set back a minimum
twentv feet(20'1 from oublic riahts of wav. excent that the.�araae face shall be set
ack twentv five feet(25') from nublic riahts of wav.
Wetlands. A nrotective natural buffer and buildina setback shall be nrovided for al
desianated wetlands in conformance with section 11-16-13 of this title.
24
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:
Lot area:
Corner 9,520 square feet
Interior 7,500 square feet
Lot width:
Corner 70 feet
Interior 55 feet
Setbacks:
Front yards 20 feet to the principal building; and 25 feet to the
face of the garage
Rear yards 30 feet
Side yards 7 feet from the adjacent lot, or 20 feet on the side
yard abutting a public right of way
Maximum building coverage 40 percent
Buffer yard Refer to subsection 11-21-9E1 of this title
Section 33. Section 11-57-19.6.3 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: 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:
25
(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 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. Minimum Requirements:
a. Garages shall have a minimum area of four hundred forty (440) square
feet.
b. Garages shall be a minimum of twenty feet(20') in width.
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 unit and base lot
requirements shall be observed in an RM-1 District, subjectto 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
befinreen buildings within the same base lot.
26
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: 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.
27
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. Minimum Requirements:
a. Garages shall have a minimum area of four hundred forty (440) square
feet.
b. Garages shall be a minimum of twenty feet(20') in width.
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 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, finro-
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.
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-2 District —Design and
Construction Standards) is hereby amended read as follows:
28
3. Exterior Building Finish: The exterior of detached townhome, finro-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 structu�e 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. Minimum Requirements:
a. Garages shall have a minimum area of four hundred forty (440) square
feet.
b. Garages shall be a minimum of twenty feet(20') in width.
Section 41. Section 11-60-17 of the Zoning Ordinance(RM-3 District—Lot Requirements
and Setbacks) is hereby amended to read as follows:
29
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 11-60-21.6.3 of the Zoning Ordinance (RM-3 District— Design and
Construction Standards) is hereby amended to read as follows:
3. E�erior Building Finish= The exterior of principal and accessory structures 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 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 finrenty 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.
30
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 sixry percent(60%)of all elevations
of one type of e�erior 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, cement fiberboard, or engineered wood shall qualify
for meeting the brick, stucco, and/or natural or artificial stone
euterior 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.
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: Three thousand eight hundred (3,800) square feet per unit.
Section 45. Section 11-61-15 ofthe 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:Wthin 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.
31
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.
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 11-60-21 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 townhomes bordering such
a district and shall be subject to the same lot and building standards as the RM-1 district.
Exemptions to the provisions of this section may be granted subject to the approval of an
32
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 in its entirety with subsequent sections renumbered
accordingly.
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: Unit lots shall have su�cient 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').
33
E. Setbacks from Public Rights-of-Way. Buildings shall be set back a minimum of finrenty 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 11-21-9.E 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 11-60-21 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 townhomes bordering such
a district and shall be subject to the same lot and building standards as the RM-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:
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
34
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.
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.
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 56. Section 11-96-3 of the Zoning Ordinance (PUD District — Application) is
hereby amended read to as follows:
11-96-3: APPLICATION: A PUD district shall not be established for parcels guided for rural or
agricultural land uses by the comprehensive plan, except to allow for public or quasi-public uses.
Section 57. This ordinance shall be effective immediately upon its passage and
publication according to law.
(remainder of page intentionally blank signatu►�es follow)
35
�
ADOPTED by the Lakeville City Council this day of � , 2025.
CITY OF LAKEVILLE
BY: � V
Luk ellier, Mayor
ATTEST
BY:
Ann rl sky, City Cler
36