HomeMy WebLinkAboutItem 05a - Ordinance Amendments Subdivision and Zoning
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: 16 July 2026
RE: Lakeville – Zoning Ordinance; Annual Review
TPC FILE: 135.01
BACKGROUND
The Community Development 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 to draft proposed amendment language addressing topics identified by
City staff for review in 2026. The proposed amendments are attached to this memorandum with deleted
text stricken and added text shown as double underlined.
The Planning Commission reviewed the proposed amendments at a work session on 24 June 2026. City
staff took questions and comments regarding the proposed amendments, and, following the work
session, proceeded to prepare final ordinance language. A public hearing to consider amendments to
the Zoning Ordinance and Subdivision Ordinance has been noticed for the Planning Commission meeting
on 23 July 2026.
Exhibits:
• Draft ordinance
ANALYSIS
Required Garages. Section 10-4-2.M and Section 10-4-3.S.4.b(2) of the Subdivision Ordinance address
lot and street design standards requiring either construction of, or space for, a three car attached garage
on single family lots. In 2025, to proactively address Missing Middle Housing issues, the Zoning
Ordinance was amended to remove those requirements. These provisions of the Subdivision Ordinance
are likewise proposed to be repealed.
City staff has further identified provisions within Section 11-17-9.F and Section 11-17-23 of the Zoning
Ordinance addressing requirements for providing space or construction of three car attached garages.
These provisions are either redundant of other sections of the Zoning Ordinance or were not repealed
with the Missing Middle Housing changes in 2025. The draft ordinance amendment repeals these
sections.
Definitions: The following are proposed amendments of Section 11-2-2 of the Zoning Ordinance related
to definitions:
• The City Attorney identified that the current definition of residential care facilities included in
the Zoning Ordinance should be revised to align with current statue language.
• The Zoning Ordinance is to be amended to include definitions for data centers and data center
campus uses as a basis for establishing allowances and regulations for data centers by zoning
district.
Non-Conforming Lots. Section 11-15-9 of the Zoning Ordinance establishes provisions regulating
development of non-conforming lots. The current regulations include that abutting non-conforming
undeveloped lots of record must be combined or, at a minimum, considered as one lot for zoning
purposes. This requirement is mandated for shoreland-regulated properties, but outside of the
Shoreland Overlay District it is a local policy choice.
The Zoning Ordinance also establishes provisions by which non-conforming lots may be developed or
redeveloped subject to approval of a Conditional Use Permit. From City staff’s perspective, if any non-
conforming lot of record meets the requirements established by the Zoning Ordinance for development
or redevelopment, then the improvements should be allowed notwithstanding ownership of one or
more abutting lots.
In reviewing this section of the Zoning Ordinance regarding a proposal for non-conforming platted lots
within the Orchard Lake area, City staff also identified a circular reference within the Zoning Ordinance
related to minimum lot area for unsewered parcels. Section 11-15-9.C requires that lots without access
to public sewer must comply with the minimum lot area requirement established by Section 11-17-19 of
the Zoning Ordinance. However, if the lot in question is non-conforming due to lot area for an
unsewered lot, the non-conforming lot provisions of the Zoning Ordinance do not provide opportunity
for a reasonable use except by variance. To address this circumstance, the provisions of Section 11-15-
9.C of the Zoning Ordinance are proposed to include minimum standards for lot area (one acre) and
adequate area for installation of a Subsurface Sewage Treatment System in accordance with Minnesota
Rules to be deemed to be buildable.
Building Height. Section 11-7-7.D of the Zoning Ordinance includes an exception from building height
limits for “church spires and crosses or other symbols as an element of the principal building”. From a
land use regulation standpoint, the term “church” is outdated. City staff has revised this section of the
Zoning Ordinance to restate the exemption as “belfries, cupolas, domes, and spires that do not contain
usable space” as part of an overall reorganization of the listing of structures exempt from building height
limits.
Deck Setbacks. Section 11-17-11 of the Zoning Ordinance outlines application of setback requirements
to buildings within a lot. Included in these provisions are allowed encroachments into principal building
setbacks for open decks. The extent of the allowed encroachment is based upon whether the deck is up
to a height of 30 inches above grade or if it is higher when attached at the first level of a home having a
lookout or walkout basement. As currently adopted, any deck greater than 30 inches above grade is
subject to the same setbacks as the principal building with the intent of not having an elevated deck
overlook adjacent properties to maintain privacy. However, the smaller lot area and depth of the RS-4
and RST-2 Districts makes compliance with the same setback requirement not practical. The deck
setback requirement is also in conflict with the need for decking around above-ground pools. City staff
recommends allowing the rear yard setback of a deck more than 30 inches above grade to be 10 feet to
allow greater flexibility and options for homeowners to determine the size and location of a deck within
their properties.
Accessory Buildings. The City has been processing numerous requests for conditional use permits to
allow construction of accessory buildings for single family properties greater than the limits established
by Section 11-18-9.D of the Zoning Ordinance. Almost all these requests are being approved by the
Planning Commission and City Council suggesting it would be appropriate to amend the Zoning
Ordinance to allow greater accessory building area than currently established. City staff has discussed
this idea, but not yet prepared language for consideration by the Planning Commission. This will be
addressed as part of a future Zoning Ordinance amendment.
Off-Street Parking. Proposed amendments of Chapter 19 of the Zoning Ordinance establishing
requirements for off-street parking include:
• Repeal of Section 11-16-5 of the Zoning Ordinance that duplicates an existing provision in
Chapter 19 regarding required access to a public street.
• Revised language clarifying the number of off-street parking spaces required for motor fuel
facilities by Section 11-19-13.A of the Zoning Ordinance.
• Section 11-19-13.A includes an off-street parking space requirement for auto repair uses
established after 17 March 2003, but no standard for uses in place prior to that date. The
existing language reflects an amendment in 2003 whereby non-retail uses in commercial
districts were required to provide parking necessary for a retail use in anticipation of future
changes in occupancy. The proposed draft ordinance establishes an off-street parking space
requirement specific to auto repair uses existing prior to March 17, 2003.
• The City in 2025 adopted a provision requiring a Conditional Use Permit for any proposed
commercial off-street parking area that had more than 125 percent of the number of parking
spaces required by the Zoning Ordinance. The intent of the requirement was to encourage
appropriately sized off-street parking areas to maximize the use of property, minimize initial
investment and maintenance costs, and reduce impervious surfaces. City staff has found the
limit on maximum number of off-street parking spaces to be impractical to administer on a case-
by-case basis to the extent that it can hinder economic development efforts. The Planning
Commission agreed and recommended that the requirement establishing a maximum number
of off-street parking spaces be repealed.
Residential Buffer Yards. The Zoning Ordinance has been amended to establish minimum lot
requirements for single family dwellings within the RST-2 District based on the standards of the RS-4
District and made even smaller for detached townhouse dwellings. Section 11-21-9.E of the Zoning
Ordinance establishes lot width and lot depth requirements increased over the base district
requirements for lots abutting major collector or arterial streets to allow for planting a residential buffer
yard. The buffer yard lot width standards for RST-2 Districts remain based on the former RS-3 District
minimums and are proposed to be reduced to maintain the same minimum building pad width as an
interior lot in consideration of the required buffer yard setbacks.
Signs. Proposed amendments of Chapter 23 of the Zoning Ordinance regulating signs include:
• Clarification that the maximum area of any individual wall sign within a multiple occupancy
commercial or industrial building established by Section 11-23-15.R of the Zoning Ordinance is
limited to the maximum area of an individual sign for a single occupancy building allowed in the
same zoning district.
• Changes to 11-23-15.X of the Zoning Ordinance address timing of approval for installation of
permanent subdivision identification signs and the duration that temporary signs are allowed
for new development sites.
• City staff recommends repealing the minimum lot area requirement for religious facilities to
have dynamic display signs. The remaining regulations requiring an operation license, that the
sign be in a yard abutting a major collector or arterial street, and that the sign be set back a
minimum of 50 feet from any residential zoning district is sufficient to maintain land use
compatibility with surrounding properties.
• The I-3, Special Industrial District designated for Airlake Airport is included within provisions
regulating signs for the O-P, I-CBD, I-1, and I-2 Districts.
• Sign standards included for convenience food uses within the M-2 District adopted in Section
11-66-7 of the Zoning Ordinance are to be repealed to reference only the standards in Chapter
23 of the Zoning Ordinance.
Animals. The Zoning Ordinance allows for keeping of chickens on residential properties with approval of
an administrative permit. To date, there have been 100 permits issued to allow keeping of chickens. The
primary complaint that City staff has received since instituting allowances for chickens is that they are
being kept without the required administrative permit. The City Council discussed regulations for
keeping chickens on residential properties at a work session. Based on these discussions, City staff is
proposing the following changes to Section 11-35-3.C of the Zoning Ordinance:
• The number of allowed chickens is to be increased from three to six birds.
• The revised text specifies that the chickens must be kept within a coop or run.
• Allowed exterior finish materials for the required coop are to be expanded to include painted
metal or weather resistant composite materials, in addition to wood.
• Sale of eggs produced by chickens kept upon a property will be allowed subject to use of
temporary, unenclosed display areas and signs.
The Planning Commission also discussed keeping bees on residential properties. This use currently
requires approval of an interim use permit, which is time and cost prohibitive. The Planning Commission
recommended amending the Zoning Ordinance to allow keeping of bees and apiaries with approval of
an administrative permit. City staff has included language in the proposed amendment to effect this
change.
Motor Fuel Facilities. City staff is recommending the Planning Commission consider making allowance
for motor vehicle fuel sales and including those uses with convenience grocery and/or prepared food
(but not including truck stops) within the I-1 District. With the increase in industrial development along
the CSAH 70 corridor, there is increased demand for vehicle fuel, both for employee and business
vehicles, as well as convenience shopping opportunities. The addition of motor fuel facilities is
considered by City staff to be an opportunity to expand retail and service businesses in the area that will
be complementary to existing and planned industrial development. Allowance of motor fuel facilities
within the I-1 District is to be subject to the same performance standards as apply within the M-1, C-2,
C-3, and C-CBD Districts ensuring high standards of development, functional site plans, and adequate
consideration of potential negative impacts or compatibility issues through a Conditional Use Permit
process.
Secondary Dwelling Units. The Zoning Ordinance makes allowance for multigenerational housing within
single family dwellings through an administrative permit within the RS-1, RS-2, RS-3, and RS-4 Districts.
To increase the opportunity for property owners to have a secondary dwelling area within their homes,
City staff recommends removing the requirement that there be a three-car attached garage with direct
access to each stall. The Zoning Ordinance continues to require a minimum number of off-street parking
spaces and the City Code addresses limits on on-street parking. Removal of the requirement for a three-
car garage will allow the property owner to manage their own parking needs, which in the case of
multigenerational housing, may not include having additional drivers within the household. City staff
also recommends amending the Zoning Ordinance to allow secondary dwelling units as an allowed use
by Administrative Permit within the RS-CBD District as this type of housing is commonly found in older,
more traditional city neighborhoods characteristic of Downtown Lakeville.
Private Drive Setbacks. Within the RM and RH Districts, townhouse and multiple family buildings are
required to be set back a minimum of 30 feet from the back-of-curb of private drives. To be able to
achieve the minimum density required by the Comprehensive Plan, it is necessary to consider reducing
the setback between the building and private drive to 20 feet. However, City staff recommends
maintaining a minimum 30-foot setback between the back-of-curb of a private drive to a garage face to
allow parking on the apron in front of the garage.
RH District Townhouses. Within the RH Districts, townhouses are allowed to be up to six units in a row
or twelve units back-to-back. However, as written, the permitted use language does not include the “up
to” clause and is to be amended for clarification so as not to require townhouse buildings to be only
built six in a row or 12 unit back-to-back.
RH-CBD District. There are single family properties within Downtown Lakeville zoned as RH-CBD District
to allow for redevelopment based on the recommendations of the Downtown Development Guide and
land uses guided by the 2040 Land Use Plan. As the RH-CBD District does not allow for single family
dwellings, the uses are non-conforming. The non-conforming status of the use limits the current
property owners’ ability to make desired improvements that would otherwise comply with the Zoning
Ordinance standards for single family dwellings in Downtown Lakeville. To remove the non-conforming
status, City staff recommends making single family dwellings established before 17 June 2000, when the
RH-CBD District was adopted, interim uses within the RH-CBD District. The conditions on the interim use
are that the requirements of the RS-CBD District apply to the lot. The interim use permit is terminated
upon redevelopment of the single family property to another permitted or conditional use of the RH-
CBD District.
M-2 District Convenience Food. Convenience food uses are allowed in the M-2 District with approval of
a conditional use permit. City staff recommends amending the standards applicable to a convenience
food use within the M-2 District to establish minimum design standards for a drive through facility,
including minimum stacking space and to adopt regulations for menu signs the same as provided for
within the C-2, C-3, and M-1 Districts.
O-R District Retail Uses. The O-R District allows for retail sales as a conditional use up to 15 percent of
the gross floor area of a building. City staff recommends that the Zoning Ordinance be amended to allow
retail sales up to 15 percent of a building’s floor area by approval of an Administrative Permit to
facilitate the review and approval process for property owners and businesses.
Data Centers. Considerable attention is being given to development of data centers as the demand for
these facilities has increased with expansion of internet-based services that has resulted in both more
and larger facilities.
• The Zoning Ordinance currently allows data centers as a permitted use within the O-P, I-1, and
I-2 Districts.
The O-P District is no longer considered by City staff to be an appropriate zoning district for
data center uses based on it being designated generally adjacent to existing residential
neighborhoods and the lot characteristics that are too small for these contemporary facilities.
Due to potential negative impacts of data centers, including but not limited to noise, exterior
lighting, water use, and electric utilities, City staff further recommends that continued
allowance of data centers within the City be as a conditional use to allow the City a thorough
review process for any specific development. To this end, data centers are to be defined as
single building facilities and allowed in only the I-1 District. Data center campuses, defined as
multiple building facilities, is not to be included as an allowed use within any zoning district and
are therefore prohibited in accordance with Section 11-1-9 of the Zoning Ordinance.
• Allowance of data centers is to be subject to performance standards to address potential
negative impacts of the facilities:
o Data centers and data center campuses would be required to be set back a minimum
of 500 feet from CSAH 70, any existing residential use, or any residential zoning district.
The setback requirement would also apply from the jurisdictional boundary of the City
to avoid any spillover of off-site impacts into adjacent jurisdictions where the City does
not control the allowed land use. The intent of the setback requirements further
concentrates the location of potential data centers and data center campuses in areas
surrounded by other existing or planned industrial uses based on the current 2040
Land Use Plan map.
o Impacts to electric utilities from a data center or data center campus are largely
regulated beyond the City’s jurisdiction. However, an application for development of a
data center or data center campus would require an energy consumption plan to be
submitted to identify electric service needs as represented by the utility provider and
any improvements associated with the proposed use. The need for additional
transmission lines to provide service to a proposed facility would also be required to be
identified so that the potential impacts of that infrastructure within the scope that
cities are allowed to regulate essential services can be evaluated concurrent with the
data center proposal. Finally, all electric utility improvements required to serve the
proposed data center are to be paid for by the developer.
o Water use for cooling systems is a primary concern for allowance of data centers. An
application for development of a data center would include a requirement for a water
consumption plan to outline water use requirements for the proposed use and impacts
to municipal water supplies and groundwater or surface water resources applicable to
Department of Natural Resources review. The standards specify that cooling systems
must be a closed-loop system to minimize water use or air-cooling systems must be
employed have also been included as a performance standard.
o The cooling systems utilized by data centers create concern regarding potential noise
impacts, not only from the sound level but also because the noise is constant.
An application to develop a data center would require a noise study be submitted that
details existing noise levels, outlines noise mitigation to be employed by the facility,
and estimates post-development noise levels, which are required to comply with
applicable Minnesota Pollution Control Agency standards. A post-development sound
study is also to be required to demonstrate the accuracy of the initial study estimates
and effectiveness of the noise mitigation once the facility is operational. A provision is
included to allow the City to require additional noise studies to verify compliance.
The setback requirement stated above is also a means of mitigation to ensure
separation from uses that may be impacted by noise generated by a data center.
o Data centers may have equipment or facilities that are not fully enclosed within a
building. The draft performance standards include a requirement that any equipment
or facility not enclosed within a building must be screened using berms, landscaping,
fences/walls, or a combination thereof. The required screening is to be to a minimum
height of 14 feet and must fully screen the equipment or facilities from adjacent public
rights-of-way and from the windows of abutting residential dwellings. Again, the
setback requirement established as a performance standard is also intended to be a
means of screening a data center from view of major roadways and residential uses.
o The Zoning Ordinance establishes limits for exterior lighting in Section 11-16-17 of the
Zoning Ordinance. These standards are increased for data centers to limit the amount
of blue light allowed, decrease the maximum intensity of light cast at property lines,
and require that exterior lighting be reduced in intensity by 50 percent during
overnight hours.
o A decommissioning plan is to be required for the eventual shutdown of a data center
and conversion to a different use. The provisions for the decommissioning plan require
a security to be provided to ensure that the processes be completed.
Shoreland Overlay District. The following amendments are proposed within Chapter 102 of the Zoning
Ordinance regulating lands within the Shoreland Overlay District:
• The City annexed land for Airlake Airport that includes a tributary waterway. The table in
Section 11-102-9.B.2 of the Zoning Ordinance designating public waters that are subject to
regulation under the Shoreland Overlay District must be updated to include this segment of the
tributary.
• The City deals regularly with requests to expand existing homes that were constructed prior to
establishment of the Shoreland Overlay District. The Department of Natural Resources’ model
ordinance for shoreland regulations includes a provision allowing for construction of an open
deck onto an existing dwelling not meeting the minimum setback requirement from the
Ordinary High Water Level. City staff recommends including these provisions in the Zoning
Ordinance, which would allow certain improvements consistent with shoreland standards
without application for a variance.
CONCLUSION
The Planning Commission will conduct a public hearing on 23 July 2026 to consider the proposed
amendments of the Zoning Ordinance and Subdivision Ordinance. After receiving any comments, the
public hearing should be closed. City staff and our office will address any questions or comments from
the public hearing or discussion by the Planning Commission. City staff and our office recommend
approval of the proposed Zoning Ordinance and Subdivision Ordinance amendments as presented.
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ORDINANCE NO.________
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE AND ZONING ORDINANCE
OF THE LAKEVILLE CITY CODE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Section 10-4-2.M of the Subdivision Ordinance (Design Standards – Lots) is hereby
repealed and subsequent sections renumbered accordingly.
M. Lots Platted After February 16, 1999: All single-family residential lots in the RS-1, RS-2, and RS-
3 districts platted after February 16, 1999, shall be designed in consideration of potentials for
buildings accommodating three (3) car garages, porches and decks, etc. Said buildings and
structures are to be compatible in size and character with the surrounding area.
Section 2. Section 10-4-3.S.4.b(2) of the Subdivision Ordinance (Design Standards – Streets and
Alleys) is hereby repealed and subsequent sections renumbered accordingly.
(2) All houses shall have an attached accessory garage of three (3) stalls with
corresponding front driveway parking apron. The curb cut opening on the
street shall, however, meet established standards.
Section 3. Section 10-4-4.A of the Subdivision Ordinance (Design Standards – Easements) is
hereby amended to read as follows:
A. Width And Location: An easement for drainage and utilities at least ten feet (10') wide along front
and rear lot lines and five feet (5') wide along all abutting side lot lines shall be provided. An
easement for drainage and utilities not less than ten feet (10') wide shall be provided adjacent to all
plat boundaries when no easement exists on the abutting parcels. If necessary for the extension of
main water or sewer lines or similar utilities, easements of greater width may be required along lot
lines or across lots.
Section 4. Section 11-2-3 of the Zoning Ordinance (Rules and Definitions – Definitions) is hereby
amended to revise the following existing definition:
RESIDENTIAL FACILITY, STATE LICENSED: Any residential care program, defined by Minnesota
Statutes section 245A.02 and A state licensed residential facility, including an assisted living facility under
chapter 144G, licensed by the State of Minnesota.
Section 5. Section 11-2-3 of the Zoning Ordinance (Rules and Definitions – Definitions) is hereby
amended to add the following definitions alphabetically:
DATA CENTER: A facility within a single building used primarily for the storage, management,
processing, and transmission of digital data that houses computer or network equipment, systems, services,
appliances, and other associated components related to digital data storage and operations, together with its
accessory and appurtenant facilities. A data center may also include offices, air handlers, electric power
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generators, water cooling systems, water storage facilities, utility substations, and other associated
infrastructure necessary to support sustained operations at the facility.
DATA CENTER CAMPUS: A facility consisting of more than one (1) data center building, but otherwise
interconnected by power supply, communication systems, power generation, or other operational systems
to form a unified data center facility; this definition may include the terms “technology campus”, “cloud
computing campus”, or similar phrases and terms.
Section 6. Section 11-2-3 of the Zoning Ordinance (Rules and Definitions – Definitions) is hereby
amended to repeal the following definition:
RESIDENTIAL CARE FACILITY: Any residential care program, defined by Minnesota Statutes section
245A.02 and licensed by the State of Minnesota.
Section 7. Section 11-15-9.B of the Zoning Ordinance (Non-conforming Buildings, Structures and
Uses – Non-Conforming Lots) is hereby amended to read as follows:
B. Required Merger Of Common Ownership Lots: Except as provided for in section 11-102-15 of this
title or as may otherwise be allowed pursuant to this chapter,
1. If in a group of two (2) or more contiguous lots or parcels of land owned or controlled by
the same person, any individual lot or parcel is nonconforming as to lot width, lot area, or
lot frontage such individualthe non-conforming lot(s) or parcel(s) shall not be sold or
developed as a separate parcel of landlot of record, except as provided for by sections 11-
15-9.B.2 or 11-16-9.C of this section, but shall be combined with adjacent lots or parcels
under the same ownership or control so that the combination of lots or parcels will equal
one (1) or more zoning lots each meeting the full lot requirements of this title or lessening
the nonconformity.
1a. The designation of a zoning lot pursuant to this section shall be approved by the
Zoning Administrator if the zoning lot complies with the lot requirements of the
district in which it is located and will have a single tax identification number.
2b. Interior lot lines within a designated zoning lot shall be disregarded in applying
setbacks and other zoning ordinance standards.
3c. The subdivision of a designated zoning lot shall be in accordance with title 10 of
this Code.
2. A lot or parcel within the Shoreland Overlay District shall be regulated by section 11-102-
15 of this title.
Section 8. Section 11-15-9.C.3.b of the Zoning Ordinance (Non-conforming Buildings, Structures
and Uses – Non-Conforming Lots) is hereby amended to read as follows:
b. Unsewered Lots: A legal nonconforming lot or parcel not having access to
Municipal sewer shall be considered buildable provided it complies with
section 11-17-19 of this title.that:
(1) The lot or parcel is a minimum of one (1) acre in area.
(2) The lot or parcel is of sufficient area and dimensions that all structures and
buildings comply with applicable setback requirements.
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(3) There is an ability to provide for a subsurface sewerage treatment system
within the lot or parcel in accordance with Minnesota Rules.
Section 9. Section 11-16-5.H of the Zoning Ordinance (General Performance Standards – Platted
and Unplatted Property) is hereby repealed in its entirety:
H. Except as may be allowed by conditional use permit and property subdivision, each lot shall have
frontage and access directly onto an abutting, improved and city accepted public street.
Section 10. Section 11-17-7.D of the Zoning Ordinance (General Yard, Lot Area and Building
Regulations – Building Height) is hereby amended to read as follows:
D. The building height limits established herein for districts shall not apply to the following:
1. Belfries.
2. Church spires and crosses or other symbols as an element of the principal building.
3. Cupolas and domes which do not contain usable space.
4. Flagpoles.
5. Parapet walls extending not more than three feet (3') above the limiting height of the
building.
6. Poles, towers and other structures for essential services.
7. Necessary mechanical and electrical appurtenances, including, but not limited to,
chimneys or flues, cooling towers or elevator penthouses.
8. Agricultural buildings on farm properties.
9. Wind energy conversion system towers as regulated by chapter 29 of this title.
10. Antenna support structures as regulated by chapter 30 of this title.
1. Agricultural buildings as defined by this title located on a farm.
2. Antenna support structures as regulated by chapter 30 of this title.
3. Belfries, cupolas, domes, and spires that do not contain usable space.
4. Flagpoles.
5. Necessary mechanical and electrical appurtenances, including, but not limited to,
chimneys or flues, cooling towers, or elevator penthouses.
6. Parapet walls extending not more than three feet (3') above the limiting height of the
building.
7. Poles, towers, and other structures for essential services.
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8. Wind energy conversion system towers as regulated by chapter 29 of this title.
Section 11. Section 11-17-11.A.2 of the Zoning Ordinance (General Yard, Lot Area and Building
Regulations – Yards) is hereby amended to read as follows:
2. Terraces, steps, decks, stoops or similar structures:
a. For lots of record or preliminary platted lots established prior to March 17, 2003:
Except as may be limited within environmental protection districts, tTerraces,
steps, decks, stoops or similar structures constructed to the height of the ground
floor of the principal structure may extend up to five feet (5') of a side yard lot line
or ten feet (10') of a rear yard lot line, but not more than five feet (5') into a required
front yard or side yard adjacent to a public right-of-way.
b. For lots of record or preliminary platted lots established after March 17, 2003:
Except as may be limited within environmental protection districts,
(1) the required side yard and rear yard setbacks for terraces, steps, decks, and
stoops that are thirty inches (30") or less above grade shall be:
(1A) Side yard: Five feet (5') but not encroaching more than five feet
(5') into the required side yard adjacent to a public right- of-way.
(2B) Rear yard: Ten feet (10').
c.(2) Except as may be limited within environmental protection districts, tThe
required rear yard setbacks for steps, decks, and stoops that are more than
thirty inches (30") above grade shall be: twenty feet (20').
(A) Side yard: Equal to the side yard setback applicable to the
principal building.
(B) Rear yard: Ten feet (10’)
c. The building and structure setback requirements of the environmental protection
district shall apply.
Section 12. Section 11-17-19.A of the Zoning Ordinance (General Yard, Lot Area and Building
Regulations – Minimum Lot Area, Unsewered Lots) is hereby amended to read as follows:
A. Single-Family Dwellings:
1. Except as herein provided, tThe minimum single-family lot size is shall be ten (10) acres.
2. The minimum lot size of ten (10) acres shall not apply to smaller separate parcels of record
in separate ownership existing prior to January 1, 1984, provided that they comply with
minimum standards for the district in which they are located or chapter 15 of this title and
that it can be demonstrated by means satisfactory to the City that the smaller parcels will
not result in groundwater, soil or other contamination which may endanger the public
health.
Section 13. Section 11-17-23.F of the Zoning Ordinance (General Yard, Lot Area and Building
Regulations – Single Family Dwellings) is hereby amended to read as follows:
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F. Site Plan:
1. For lots of record and preliminary platted lots having legal standing established on January
1, 1994, aAll site plans for single-family homes shall provide for the location of a two (2)
stall garage, whether or not construction is intended.
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 each single family dwelling shall include an attached garage
meeting the requirements of section 11-18-7.D of this title.
Section 14. Section 11-19-13.A of the Zoning Ordinance (Off-Street Parking Requirements –
Number of Spaces Required) is hereby amended to revise the following rows:
repairfacilities each service stall plus
convenience food, auto repair, or uses not directly auto related to
Section 15. Section 11-19-13.A of the Zoning Ordinance (Off-Street Parking Requirements –
Number of Spaces Required) is hereby amended to add the following row alphabetically:
Section 16. Section 11-19-13.J of the Zoning Ordinance (Off-Street Parking Requirements –
Number of Spaces Required) is hereby repealed in its entirety:
J. Maximum Number Of Spaces. Construction of more than one hundred twenty-five percent (125%)
of the number of spaces required by section 11-19-13.A of this section for a specific use shall
require approval of a conditional use permit based on a parking demand study prepared by a
qualified professional.
Section 17. Section 11-21-9.B.2 of the Zoning Ordinance (Fencing/Screening/Landscaping –
Required Screening and Landscaping) is hereby amended to read as follows:
2. Detached townhouses, two family, and townhouse and multiple family uses shall comply
with the landscape requirements of the RST-12, RM-1, RM-2, and RM-3, RH-1, RH-2, M-
1, and M-2 Districts.
Section 18. Section 11-21-9.E.1.b of the Zoning Ordinance (Fencing/Screening/Landscaping –
Required Screening and Landscaping) is hereby amended to read as follows:
b. For corner lots where the side yard abuts the major collector or arterial street,
following standards shall apply:
RS-1 RS-2 RS-3 RS-4 RST-1 RST-2
Lot width 130’ 130' 110' 95' 95'
6
Section 19. Section 11-23-15.R.3.a(4) of the Zoning Ordinance (Signs – General Regulations) is
hereby amended to read as follows:
(4) Each sign and the total area of all wall signs on a single elevation for an
individual tenant shall be limited to the maximum wall sign size permitted
area that is allowed for individual signs in the applicable zoning district
provisions in section 11-23-19 of this chapter.
Section 20. Section 11-23-15.X.1 of the Zoning Ordinance (Signs – General Regulations) is hereby
amended to read as follows:
1. Permanent Signs: For a subdivision having not less than three (3) lots or principal
buildings, one (1) sign shall be allowed upon recording of a final plat at each corner of an
intersection within the plat or abutting a lot or outlot within the plat with a collector or
arterial street defined by the Lakeville transportation plan, provided that:
a. The area of the face of each sign shall not exceed one hundred (100) square feet.
b. Freestanding signs shall be limited to a maximum height of:
(1) Ten feet (10') for residential uses.
(2) Twenty feet (20') for commercial, industrial, and institutional uses.
Section 21. Section 11-23-15.X.2.c of the Zoning Ordinance (Signs – General Regulations) is
hereby amended to read as follows:
c. Unless extended by the Zoning Administrator, the temporary signs and flags
allowed by this section shall only be displayed for a period not to exceed:
(1) Single family, two family, detached townhouse, and townhouse uses:
Tthree (3) years from the date a permit is issued for the sign or flag or until
building permits have been issued for one hundred percent (100%) of the
lots within a final plat or subsequent phases of the same preliminary plat
of a subdivision.
(2) Multiple family, commercial, industrial, or institutional uses:
(A) Subdivisions: Three (3) years from the date a permit is issued for
the sign or flag or until building permits have been issued for one
hundred percent (100%) of the lots within a final plat or
subsequent phases of the same preliminary plat of a subdivision.
(B) Individual Lots: Not more than ninety (90) days after issuance of
a Certificate of Occupancy, after which the provisions of section
11-23-7.F shall govern.
Section 22. Section 11-23-19.B.1.a(4)(B) of the Zoning Ordinance (Signs – District Regulations)
is hereby amended to read as follows:
(B) One (1) dynamic display sign may be allowed for lots each lot that
are a minimum of five (5) acres in area or greater provided that:
7
(i) Operation: The operation of the dynamic display sign
shall require issuance of a license pursuant to section 3-
22-3 of this Code.
(ii) The sign shall be displayed only in a yard abutting a major
collector or arterial street as defined by the
Comprehensive Plan.
(iii) The sign shall be set back a minimum of fifty feet (50')
from any side or rear lot line abutting a residential district.
Section 23. Section 11-23-19.E of the Zoning Ordinance (Signs – District Regulations) is hereby
amended to read as follows:
E. Within the O-P, I-CBD, I-1, I-2, and I-23 Districts, but not those properties within the freeway
corridor district regulated by section 11-23-19.F of this section, the following additional regulations
shall apply:
1. Freestanding Signs:
a. Number Allowed: One (1) sign is allowed upon each lot.
b. Area: The area of each sign shall not exceed one hundred (100) square feet for
each sign face.
c. Height: The sign shall be a maximum height not to exceed ten feet (10').
2. Wall Signs:
a. Area:
(1) For principal buildings with a gross floor area less than forty-five thousand
(45,000) square feet.
(A) The total area of all wall signs shall not exceed one hundred (100)
square feet.
(B) The maximum area of any one (1) individual wall sign shall not
exceed one hundred (100) square feet.
(2) For principal buildings with a gross floor area of forty-five thousand
(45,000) square feet and less than two hundred fifty thousand (250,000)
square feet:
(A) The total area of all wall signs shall not exceed four hundred (400)
square feet.
(B) The maximum area of any one (1) individual wall sign shall not
exceed two hundred (200) square feet.
(3) For principal buildings with a gross floor area of two hundred fifty
thousand (250,000) square feet or greater:
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(A) The total area of all wall signs shall not exceed eight hundred
(800) square feet.
(B) The maximum area of any one (1) individual wall sign shall not
exceed four hundred (400) square feet.
b. Number. There is no limit as to the number of wall signs except as governed by
the total area of all wall signs allowed by section 11-23-19.E.2.a of this section.
c. Elevations. Wall signs may be located on any elevation of the principal structure
except that facing a side or rear lot line abutting a residential district.
Section 24. Section 11-35-3.C.2.b of the Zoning Ordinance (Animals – Keeping Animals) is
hereby amended to read as follows:
(1) The maximum number of chickens allowed to be kept on a property shall
be three (3) six (6) chickens.
(2) The keeping of roosters is prohibited.
(3) Chickens shall be kept within a coop and outdoor exercise area at all times.
Section 25. Section 11-35-3.C.2.c(2) of the Zoning Ordinance (Animals – Keeping Animals) is
hereby amended to read as follows:
(2) Coop Exterior: The exterior finish of the coop shall be wood, provided that
the surfaces are painted or stained for exterior use or the wood is of proven
durability for exterior use, such as cedar, redwood, or cypress; painted
metal; or composite weather-resistant material.
Section 26. Section 11-35-3.C.2.c(6)(D) of the Zoning Ordinance (Animals – Keeping Animals)
is hereby repealed in its entirety with subsequent sections renumbered accordingly:
(D) The coop and run shall be located closer to the principal dwelling
upon the property to which the administrative permit is issued than
any other residential dwelling on an abutting property.
Section 27. Section 11-35-3.C of the Zoning Ordinance (Animals – Keeping Animals) is hereby
amended to include the following provisions:
3. Sales of eggs produced solely upon the property shall be allowed provided that:
a. Only occupants of the property are engaged in the sales operation.
b. Only temporary, unenclosed display facilities are allowed.
c. Signs:
1. One (1) sign not to exceed four (4) square feet shall be allowed to be
displayed upon the property with the sales operation.
2. Signs shall only be displayed at times when the sales operation is open.
9
Section 28. Section 11-35-3 of the Zoning Ordinance Animals – Keeping Animals) is hereby
amended to include the following provisions with subsequent sections renumbered accordingly:
D. Honey bees and apiaries accessory to a single family dwelling within agriculture/rural or residential
districts, provided that:
1. Administrative Permit Required:
a. The keeping of honey bees and apiaries may be allowed upon a property developed
with a single-family dwelling within a residential zoning district subject to
approval of an administrative permit in accordance with chapter 8 of this title and
the provisions of this section.
b. The application for an administrative permit shall include the information required
by subsection 11-8-3.B of this title and the following additional information:
(1) The number of colonies to be kept.
(2) A detailed sketch plan of the property drawn to scale including, but not
limited to, the location and dimensions of the hive(s).
(3) Specifications for the hive(s) including, but not limited to, dimensions,
exterior finish materials and construction methods.
(4) Plans and specifications for a solid fence, wall, or dense vegetative barrier
capable required by subsection 11-35-3.D.4.b of this title.
(5) Any other information the Zoning Administrator deems necessary to
evaluate the application for compliance with the requirements of this
section and this Code.
c. The premises for which an administrative permit is issued in accordance with this
subsection shall at all reasonable times be open to inspection by community service
officers, the Zoning Administrator, or other City official to determine compliance
with the requirements of the permit, this section or other provisions of this title and
this Code relating to public health, safety, and welfare.
d. An administrative permit approved in accordance with this section shall not be
transferred to another owner upon the sale or change in occupancy of the property
to which it is issued and shall not be transferred to another property.
2. Colony Density: The number of colonies allowed upon a lot shall be subject to the
following limits:
Lot Area Maximum Number
Of Colonies
<25,000 square feet 2
25,000 square feet to <40,000 square feet 4
40,000 square feet to <5 acres 6
5 acres or greater 8
10
3. Colony Location:
a. A hive shall be located only within a rear yard.
b. A hive shall be set back a minimum of twenty feet (20') from any lot line.
c. A hive shall not encroach upon any wetland buffer or drainage and utility
easement.
4. Performance Standards:
a. Colonies shall be kept in hives with removable frames, which frames shall be kept
in sound and usable condition.
b. A solid fence, wall, or dense vegetative barrier capable of interrupting the direct
flight of bees shall be used to redirect the bee's flight pattern and prevent a direct
line of flight from the hive entry into neighboring properties. The barrier shall start
at the ground, be a minimum of six feet (6') in height, and shall extend beyond the
direct line of sight from the entrance to the hive to the adjacent property.
c. Each colony on the apiary site shall be provided with a convenient source of water
located on the apiary site so long as colonies remain active outside the hive.
d. Materials from a hive or colony which might encourage the presence of honeybees,
such as wax comb, shall be promptly disposed of in a sealed container or placed
within a building or other bee-proof enclosure.
e. For each colony permitted to be maintained under this section, there may also be
maintained upon the same apiary site, one nucleus colony in a hive structure not to
exceed one standard nine and five-eighths inch (95/8") depth ten-frame hive body,
with no supers.
f. Beekeeping equipment shall be maintained in good condition. Unused beekeeping
equipment must be protected to prevent occupancy by swarming honeybees.
g. Hives shall be continuously managed to provide adequate living space for their
resident honeybees to control swarming.
h. In any instance in which a colony exhibits unusual aggressive behavior, it shall be
the duty of the beekeeper to promptly implement appropriate actions to address the
behavior. If requeening is required, queens shall be selected from European stock
bred for gentleness and non-swarming characteristics.
i. Fruit trees and other flowering trees, which are located on an apiary site, shall not
be sprayed, while in full bloom, with any substance which is injurious to
honeybees.
Section 29. Section 11-35-3.F.2 of the Zoning Ordinance Animals – Keeping Animals; Honey
Bees and Apiaries) is hereby repealed in its entirety.
Section 30. Section 11-37-3.A of the Zoning Ordinance (Motor Vehicle Fuel Facilities – Motor
Vehicle Fuel Sales, Not Including Truck Stops or Automobile Repair) is hereby amended to read as follows:
11
A. District Application: Motor vehicle fuel sales shall be allowed in a M-1, C-1, C-2, and C-3, and I-
1 district as a conditional use. The standards and requirements for motor fuel sales shall be in
addition to those which are imposed for other uses and activities occurring on the property.
Section 31. Section 11-37-3.D of the Zoning Ordinance (Motor Vehicle Fuel Facilities – Motor
Vehicle Fuel Sales, Not Including Truck Stops or Automobile Repair) is hereby amended to read as follows:
D. Hours: Hours of operation shall be limited within the respective zoning districts as follows, unless
extended by the city council as part of the conditional use permit.
1. M-1 district: No limit except as may be required by the city council.
2. C-1 district: Five o’clock (5:00) A.M. to eleven o’clock (11:00) P.M.
32. C-2 district: No limit except as may be required by the city council.
43. C-3 district: No limit except as may be required by the city council.
4. I-1 district: No limit except as may be required by the city council.
Section 32. Section 11-37-5.A of the Zoning Ordinance (Motor Vehicle Fuel Facilities – Motor
Vehicle Fuel Sales, Including Convenience Grocery And/Or Prepared Food, Not Including Truck Stops or
Automobile Repair) is hereby amended to read as follows:
A. Conditional Use: Motor vehicle fuel sales including convenience grocery and/or prepared food
shall be allowed in the M-1, C-1, C-2, C-3, and C-CBD, and I-1 Districts subject to approval of a
conditional use permit.
Section 33. Section 11-37-5.D.1 of the Zoning Ordinance (Motor Vehicle Fuel Facilities – Motor
Vehicle Fuel Sales, Including Convenience Grocery And/Or Prepared Food, Not Including Truck Stops or
Automobile Repair) is hereby amended to read as follows:
1. Food is to be prepackaged and warmed only and no drive-through window is provided;
convenience food may be allowed as a secondary use with approval of a conditional use
permit as provided for within the respective zoning district. Furthermore, that the enclosed
area devoted to such activity, use and merchandise shall not exceed fifteen percent (15%)
of the gross floor area.
Section 34. Section 11-50-11.F.6 of the Zoning Ordinance (RS-1 District – Uses by Administrative
Permit) is hereby repealed in its entirety:
6. There shall be a minimum of three (3) garage having direct exterior access (not in a tandem
arrangement) attached to the principal building with a driveway access in front of each stall
so as to allow direct vehicle maneuvering to each of the stalls.
Section 35. Section 11-51-11.F.6 of the Zoning Ordinance (RS-2 District – Uses by Administrative
Permit) is hereby repealed:
6. There shall be a minimum of three (3) garage having direct exterior access (not in a tandem
arrangement) attached to the principal building with a driveway access in front of each stall
so as to allow direct vehicle maneuvering to each of the stalls.
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Section 36. Section 11-52-11.F.6 of the Zoning Ordinance (RS-3 District – Uses by Administrative
Permit) is hereby repealed in its entirety:
6. There shall be a minimum of three (3) garage having direct exterior access (not in a tandem
arrangement) attached to the principal building with a driveway access in front of each stall
so as to allow direct vehicle maneuvering to each of the stalls.
Section 37. Section 11-53-11.F.6 of the Zoning Ordinance (RS-4 District – Uses by Administrative
Permit) is hereby repealed in its entirety:
6. There shall be a minimum of three (3) garage having direct exterior access (not in a tandem
arrangement) attached to the principal building with a driveway access in front of each stall
so as to allow direct vehicle maneuvering to each of the stalls.
Section 38. Section 11-54-11 of the Zoning Ordinance (RS-CBD District – Uses by Administrative
Permit) is hereby amended to include the following provisions:
G. Separate living quarters that include kitchen facilities for housing multiple generations as an
accessory use within a single-family dwelling provided that:
1. The design and construction of the principal building is not a two-family dwelling as
defined by this title and shall comply with the following:
a. The area of the accessory dwelling unit shall be limited to not more than thirty (30)
percent of the gross floor area of the principal building (not including attached
accessory floor area).
b. There shall be no more than two (2) bedrooms as defined by the building code
within the accessory dwelling unit.
2. There shall be an interior connection between the main living area and accessory living
quarters that is able to be unlocked from each side of the connection and that is not secured
by a deadbolt or keyed lockset.
3. The principal building shall be served by single municipal water, sanitary sewer, gas and/or
electric utility service lines each with a single meter for the respective utility where
applicable.
4. The principal building shall have one heating and air conditioning system.
5. The property shall have one postal address.
Section 39. Section 11-58-17.E of the Zoning Ordinance (RM-1 District – Lot Requirements and
Setbacks) is hereby amended to read as follows:
E. Private Drive Setbacks. Buildings shall be set back a minimum of twenty feet (20’) to the principal
building and thirty feet (30’) to the garage face from the back of curb line of private drives.
Section 40. Section 11-59-17.E of the Zoning Ordinance (RM-2 District – Lot Requirements and
Setbacks) is hereby amended to read as follows:
E. Private Drive Setbacks. Buildings shall be set back a minimum of twenty feet (20’) to the principal
building and thirty feet (30’) to the garage face from the back of curb line of private drives.
13
Section 41. Section 11-60-17.E of the Zoning Ordinance (RM-3 District – Lot Requirements and
Setbacks) is hereby amended to read as follows:
E. Private Drive Setbacks. Buildings shall be set back a minimum of twenty feet (20’) to the principal
building and thirty feet (30’) to the garage face from the back of curb line of private drives.
Section 42. Section 11-61-3.F of the Zoning Ordinance (RH-1 District – Permitted Uses) is hereby
amended to read as follows:
F. Townhouses, six (6) units in a row or twelve (12) units back to backTownhomes with no more than
six (6) dwelling units per structure if in a row or no more than twelve (12) dwelling units if back to
back.
Section 43. Section 11-61-15.F of the Zoning Ordinance (RH-1 District – Lot Requirements and
Setbacks) is hereby amended to read as follows:
F. Private Drive Setbacks. Buildings shall be set back a minimum of fifteen feet (15’) to the principal
building and thirty feet (30’) to the garage face from the back of curb line of private drives and off-
street parking areas.
Section 44. Section 11-62-3.F of the Zoning Ordinance (RH-2 District – Permitted Uses) is hereby
amended to read as follows:
F. Townhouses, six (6) units in a row or twelve (12) units back to backTownhomes with no more than
six (6) dwelling units per structure if in a row or no more than twelve (12) dwelling units if back to
back.
Section 45. Section 11-62-11 of the Zoning Ordinance (RH-2 District – Interim Uses) is hereby
amended to include the following provisions with subsequent sections renumbered accordingly:
C. Single-family dwellings existing as of July 17, 2000, provided that:
1. The use shall be subject to the requirements applicable to single-family uses within the
RS-CBD district.
2. The interim use shall terminate upon subdivision or redevelopment of the property for a
use allowed within the RH-CBD district or as provided for by section 11-5-7 of this title.
Section 46. Section 11-62-15.F of the Zoning Ordinance (RH-2 District – Lot Requirements and
Setbacks) is hereby amended to read as follows:
F. Private Drive Setbacks. Buildings shall be set back a minimum of fifteen feet (15’) to the principal
building and thirty feet (30’) to the garage face from the back of curb line of private drives and off-
street parking areas.
Section 47. Section 11-63-11 of the Zoning Ordinance (RH-CBD District – Interim Uses) is hereby
amended to add the following provisions with subsequent sections ren:
C. Single-family dwellings existing as of July 17, 2000, provided that:
1. The use shall be subject to the requirements applicable to single-family uses within the
RS-CBD district.
14
2. The interim use shall terminate upon redevelopment of the single family property to
another permitted or conditional use of the RH-CBD District.
Section 48. Section 11-66-7.F of the Zoning Ordinance (M-2 District – Conditional Uses) is hereby
amended to include the following provisions with subsequent sections renumbered accordingly:
7. Drive-Through Windows: Service windows shall be allowed if the following additional
criteria are satisfied:
a. Not less than one hundred eighty feet (180') of segregated automobile stacking lane
must be provided for the service window.
b. No part of the public street or boulevard may be used for stacking of automobiles.
Section 49. Section 11-66-7.E.8 of the Zoning Ordinance (M-2 District – Conditional Uses) is
hereby amended to read as follows:
8. Signs: All signs and informational or visual communication devices shall be minimized
and shall be in compliance with chapter 23 of this title, and the following provisions:
a. Comprehensive Sign Plan: A Comprehensive Sign Plan must be submitted as part
of a conditional use permit application.
b. Freestanding Sign: A freestanding sign allowed by chapter 23 of this title shall be
a monument sign constructed as follows:
(1) The sign shall be self-supported vertically by a solid base extending
horizontally for a minimum of the entire width of the sign face. Total
height of the monument sign including the base shall not exceed fifteen
feet (15').
(2) The sign base and supporting material shall be equal to at least forty
percent (40%) of the total allowable sign square footage, and shall not be
counted toward the sign area. The base shall be attached to the ground for
its entire horizontal width of the sign. The base shall be stone, brick, or
decorative masonry and shall not contain any sign copy.
c1. Menu Signs: In addition to the freestanding sign allowed by chapter 23 of this title,
cConvenience food uses may display menu signs related to drive-through facilities
when approved subject to section 11-66-7.F of this title, provided that:
(1) Not more than two (2) menu signs per drive-through lane are allowed.
(2) The menu sign(s) shall be single sided with an area not to exceed fifty (50)
square feet.
(3) The height of the menu sign(s) shall not exceed eight feet (8') including its
base or pole measured from grade to the top of the structure.
(4) The menu sign(s) shall not encroach into any principal building setback
and shall be located directly adjacent to the drive-through aisle and
oriented in such a manner so that the sign provides information to the
15
drive-through patrons only and does not provide supplemental advertising
to pass-by traffic and does not impair site visibility or obstruct circulation.
Section 50. Section 11-70-7.B of the Zoning Ordinance (O-R District – Conditional Uses) is hereby
repealed in its entirety subsequent sections renumbered accordingly:
B. Commercial Activities: Retail commercial activities, provided that:
1. Merchandise is sold at retail.
2. The retail activity is located within a structure whose principal use is not commercial sales.
3. The retail activity shall not occupy more than fifteen percent (15%) of the gross floor area
of the building.
4. No directly or indirectly illuminated sign or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building.
5. No signs or posters of any type advertising products for sale shall be located on the outside
of the building.
Section 51. Section 11-70-11.A of the Zoning Ordinance (O-R District – Uses by Administrative
Permit) is hereby amended to include the following provision and subsequent sections renumbered
accordingly:
A. Commercial Activities: Retail commercial activities, provided that:
1. Merchandise is sold at retail.
2. The retail activity is located within a structure whose principal use is not commercial sales.
3. The retail activity shall not occupy more than fifteen percent (15%) of the gross floor area
of the building.
4. No directly or indirectly illuminated sign or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building.
5. No signs or posters of any type advertising products for sale shall be located on the outside
of the building.
Section 52. Section 11-75-3.L of the Zoning Ordinance (O-P District – Permitted Uses) is hereby
repealed in its entirety and subsequent sections renumbered accordingly.
L. Data centers.
Section 53. Section 11-86-3.T of the Zoning Ordinance (I-1 District- Permitted Uses) is hereby
repealed in its entirety and subsequent sections renumbered accordingly:
T. Data centers.
Section 54. Section 11-86-7 of the Zoning Ordinance (I-1 District – Conditional Uses) is hereby
amended to add the following provisions with subsequent sections renumbered accordingly:
16
D. Data centers, provided that:
1. All buildings, structures, and outdoor equipment (including generators) shall be setback a
minimum of five hundred feet (500’) from:
a. Right-of-way for CSAH 70.
b. Residential zoned property and existing residential uses.
c. Corporate limits of the City of Lakeville.
2. An energy consumption plan, prepared by a qualified licensed engineer, shall be submitted
outlining:
a. Estimates of peak electricity demand and strategies for mitigating strain on local
power infrastructure.
b. Proposed improvements or alternatives to minimize the need for additional
transmission lines.
c. Identifying the need for new or upgraded transmission lines to be installed at
developers’ expense to meet the use's electricity requirements.
3. A water consumption plan, prepared by a qualified licensed engineer, shall be submitted
outlining:
a. Estimated total water requirements of the use including average daily and peak
water demand.
b. Potential impacts on municipal water supply infrastructure.
c. Potential impacts on groundwater and surface water resources.
d. Available water utility capacity to serve the use.
e. Consistency with the goals, policies, and plans of the Comprehensive Plan,
including, but not limited to, the Water Management Plan and the Capital
Improvement Plan.
f. The use shall use water-efficient cooling technologies and closed-loop cooling
systems or alternative technologies that demonstrate equal or lower water
consumption; alternative cooling methods are encouraged, such as air-cooled
systems.
4. Noise: Sound generated by the use shall comply with section 11-16-25 of this title and the
following additional requirements:
a. A sound study prepared by an acoustic engineer shall be submitted documenting:
(1) Existing baseline noise levels in the area of the data centers.
17
(2) Proposed sound mitigation measures to be incorporated in construction of
the data center to reduce noise and estimating proposed noise levels of the
use measured at the property lines of receiving land uses.
(3) A-weighted (dBA) and C-weighted (dBC) measurements with full
frequency spectra to identify low-frequency and tonal components.
(4) Expected daytime and nighttime operation noise levels, including cooling
systems, generators, and other equipment, for indoors and outdoors at
multiple radii from the subject property.
b. Maximum sound levels:
(1) With the exception of sound levels elsewhere specifically authorized or
allowed by this code, the following are maximum permissible sound levels
generated by the data center allowed at the property boundary of a
receiving land use for unamplified sound:
Land Use
Land Use
(2) If the volume of sound exceeds the maximum permissible sound level by
a measurement of L5A or L5C, at any time during a ten (10) minute meter
reading, the sound is prohibited and is in violation of this chapter.
c. Noise Verification:
(1) An additional sound study shall be prepared by the operator at such time
as the use becomes fully operational to document compliance with section
11-16-10 of this title and this section.
(2) The City may order an additional noise study once within any three
hundred sixty-five (365) period to be conducted during peak operation of
the use to document compliance with section 11-16-10 of this title and this
section.
(3) Where any noise study identifies greater than maximum permissible sound
levels in violation of this title, the city may seek to suspend or revoke the
conditional use permit in accordance with section 11-4-9 of this title.
18
5. Generators shall operate, including testing, only between the hours of 9:00 am and 5:00
pm, Monday through Friday, excluding Federal holidays, except when providing
emergency electric power during an outage, which is not a voluntary curtailment or
shutdown of electric service.
6. Principal and accessory buildings shall comply with the exterior finish material and design
requirements as required in Section 11-17-9 D of this title.
7. Any accessory structures or any equipment not enclosed within a building shall be fully
screened to a minimum height of fourteen feet (14’) through the use of topography, berms,
landscaping, fences, and walls in accordance with section 11-19-13 of this title so as not to
be visible from abutting public rights-of-way, residential districts, or residential uses from
the perspective measured at a point five feet (5’) above grade or from the view of any
window of a residential building facing the data center.
8. All exterior lighting shall comply with the requirements of Section 11-16-17 of this title
and the following:
a. Manufacturer specifications for all sources of exterior lighting shall not exceed a
maximum Correlated Color Temperature of 3,000 degrees Kelvin.
b. All exterior lighting fixtures shall be reduced in intensity by fifty percent (50%)
between the hours of 10:00 P.M. and 5:00 A.M.
c. For a use abutting property guided by the Comprehensive Plan for residential,
public and quasi-public, or park land uses; zoned residential or public-open space
district; or developed with a residential use:
(1) All exterior lighting fixtures shall setback a minimum of fifty feet (50’)
feet from any property line.
(2) The intensity of exterior lighting measured at a setback of ten feet (10’)
from all property lines shall not exceed 0.0 footcandles.
9. Decommissioning:
a. A decommissioning plan, prepared by a qualified professional, outlining the
estimated timeframe, cost, and procedures for discontinuance of the use, removal
of equipment, disposal of waste or recycling of materials, and site restoration shall
be required.
b. Financial Security:
(1) Prior to issuance of a building permit, the property owner shall provide the
City a financial security in a form approved by the City Attorney to insure
decommissioning of the use and restoration of the property.
(2) The amount of the financial security shall be one hundred five percent
(105%) of the estimated cost of decommissioning cost and restoration of
the property, as determined by the city, including, but not limited to, the
following:
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(A) Removal and disposal of buildings and structures; electrical
substations and infrastructure; and generators and fuel storage.
(B) Removal and disposal of hazardous materials and environmental
remediation.
(C) Grading, erosion control, and site stabilization.
(3) The financial security shall be reviewed every five (5) years to ensure the
amount equals the current estimated cost, as determined by the city, of
decommissioning.
10. The applicant and property owner shall be responsible for all costs incurred by the City
related to consideration of the request, including costs for city staff and consultants the city
deems necessary to evaluate the application on behalf of the city, in accordance with
section 11-1-9 of this title.
Section 55. Section 11-102-9.B.2 of the Zoning Ordinance (Shoreland Overlay District – Shoreland
Classification) is hereby amended to read as follows:
2. Rivers:
Name Classification
Tributary (T)
Tributary (T)
Unnamed to unnamed Tributary (T)
Unnamed to unnamed Tributary (T)
Tributary (T)
Unnamed to unnamed Tributary (T)
Unnamed to unnamed Tributary (T) T 114 R 20
Sec 4
Sec 34
T 114 R 20
Section 56. Section 11-102-17 of the Zoning Ordinance (Shoreland Overlay District –
Development Regulations) is hereby amended to add the following provisions:
J. Decks. Deck additions may be allowed without a variance to a structure not meeting the required
setback from the ordinary high water level if all of the following criteria are met:
1. The structure existed on the date the structure setbacks were established.
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2. A thorough evaluation of the property and structure reveals no reasonable location for a
deck meeting or exceeding the existing ordinary high water level setback of the structure
as determined by the Zoning Administrator.
3. The deck encroachment toward the ordinary high water level does not exceed fifteen (15)
percent of the existing setback of the structure from the ordinary high water level or is no
closer than thirty feet (30’) from the ordinary high water level, whichever is more
restrictive.
4. The deck shall not be roofed or screened.
(Remainder of page intentionally blank; signatures follow)
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Section 57. This Ordinance shall be effective immediately upon its passage and publication
according to law.
ADOPTED by the Lakeville City Council this ____ day of _______, 2026.
CITY OF LAKEVILLE
BY: ________________________
Luke M. Hellier, Mayor
ATTEST
BY: ________________________
Ann Orlofsky, City Clerk