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HomeMy WebLinkAbout1126ORDINANCE NO. 11 Z b 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 Section 10-4-2.M of the Subdivision Ordinance (Design Standards — Lots) is hereby repealed in its entirety and subsequent sections renumbered accordingly. Section 2. Section 10-4-3.S.4.b(2) of the Subdivision Ordinance (Design Standards — Streets and Alleys) is hereby repealed in its entirety and subsequent sections renumbered accordingly. 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: 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 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 l 1-2-3 of the Zoning Ordinance (Rules and Definitions — Definitions) is hereby amended to repeal the definition of RESIDENTIAL CARE FACILITY in its entirety. Section 7. Section I 1-15-9.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: 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 the non -conforming lot(s) or parcel(s) shall not be sold or developed as a separate lot of record, except as provided for by sections 11-15-9.B.2 or 11-15-9.0 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. a. 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. b. Interior lot lines within a designated zoning lot shall be disregarded in applying setbacks and other zoning ordinance standards. The subdivision of a designated zoning lot shall be in accordance with title 10 of this Code. 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 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. (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 11-16-5.11 of the Zoning Ordinance (General Performance Standards — Platted and Unplatted Property) is hereby repealed in its entirety. Section 10. Section 11-17-7.13 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: Agricultural buildings as defined by this title located on a farm. Antenna support structures as regulated by chapter 30 of this title. Belfries, cupolas, domes, and spires that do not contain usable space. 4. Flagpoles. 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. Poles, towers, and other structures for essential services. 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: Terraces, 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: (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: (A) 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. (B) Rear yard: Ten feet (10'). (2) The required rear yard setbacks for steps, decks, and stoops that are more than thirty inches (30") above grade shall be: (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: The minimum single-family lot area shall be ten (10) acres. 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: F. Site Plan: All 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, 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: Motor fuel facilities 2 spaces, in addition to spaces at fuel islands, plus other requirements for retail sales, convenience food, auto repair, or uses not directly related to the dispensing of fuel. 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: Commercial Auto repair uses established on or before March 17, 2003 2 spaces for each service bay plus other requirements for retail sales, office, or other uses not directly related to auto repair. 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. Section 17. Section 11-21-9.13.2 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 uses shall comply with the landscape requirements of the RST-2, RM-1, RM-2, and RM-3 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 comer lots where the side yard abuts the major collector or arterial street, following standards shall apply: RS-l' RS-2 RS-3 RS-4 RST-1 RST-2 Lot width 130' 130' 110' 95' 95' 80, 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 shall be limited to the maximum 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: 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: 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: Three (3) years from the date a pen -nit 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 pennits 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 each lot provided that: (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, 1-1, 1-2, and 1-3 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: 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: (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. 6 Section 24. Section 11-35-3.C.2.b of the Zoning Ordinance (Animals — Keeping Animals) is hereby amended to read as follows: b. Chickens: (1) The maximum number of chickens allowed to be kept on a property shall be (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. Section 27. Section 11-35-3.0 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: One (1) sign not to exceed four (4) square feet shall be allowed to be displayed upon the property with the sales operation. Signs shall only be displayed at times when the sales operation is open. 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: Administrative Pennit Required: 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 pennit in accordance with chapter 8 of this title and the provisions of this section. b. The application for an administrative pennit shall include the information required by subsection 11-8-3.13 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 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. 8 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. 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. 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. Beekeeping equipment shall be maintained in good condition. Unused beekeeping equipment must be protected to prevent occupancy by swanning honeybees. g. Hives shall be continuously managed to provide adequate living space for their resident honeybees to control swanning. 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 -swanning characteristics. 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: A. District Application: Motor vehicle fuel sales shall be allowed in a M-1, C-2, 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 11-37-3.13 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-2 district: No limit except as may be required by the city council. 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-2, C-3, 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: 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. 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. Section 35. Section 11-51-11.F.6 of the Zoning Ordinance (RS-2 District —Uses by Administrative Permit) is hereby repealed in its entirety. Section 36. Section 11-52-11.17.6 of the Zoning Ordinance (RS-3 District —Uses by Administrative Permit) is hereby repealed in its entirety. Section 37. Section 11-53-11.F.6 of the Zoning Ordinance (RS-4 District —Uses by Administrative Permit) is hereby repealed in its entiret. 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). There shall be no more than two (2) bedrooms as defined by the building code within the accessory dwelling unit. 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. 10 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. 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. Townhomes 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. Townhomes 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 11-62-15.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. 11 Section 46. Section 11-63-11 of the Zoning Ordinance (RH-CBD District — Interim Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: C. Single-family dwellings existing as of July 17, 2000, provided that: 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 redevelopment of the single family property to another permitted or conditional use of the RH-CBD District. Section 47. 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. No part of the public street or boulevard may be used for stacking of automobiles. Section 48. Section 11-66-7.E.8 of the Zoning Ordinance (M-2 District — Conditional Uses) is hereby amended to read as follows: 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. Menu Signs: Convenience 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 drive -through patrons only and does not provide supplemental advertising to pass -by traffic and does not impair site visibility or obstruct circulation. Section 49. Section 11-70-7.B of the Zoning Ordinance (O-R District — Conditional Uses) is hereby repealed in its entirety subsequent sections renumbered accordingly. 12 Section 50. Section 11-70-1 LA 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 51. Section 11-71-7 of the Zoning Ordinance (C-1 District — Conditional Uses) is hereby repealed in its entirety and subsequent sections renumbered accordingly. Section 52. Section 11-86-7 of the Zoning Ordinance (I-1 District — Conditional Uses) is hereby amended to add the following provision with subsequent sections renumbered accordingly: F. Motor Vehicle fuel sales with or without convenience grocery and/or prepared food as regulated by Chapter 37 of this title provided that: The property is a minimum of four (4) acres with direct frontage to a principle arterial roadway. Section 53. Section 11-102-9.B.2 of the Zoning Ordinance (Shoreland Overlay District — Shoreland Classification) is hereby amended to read as follows: 2. Rivers: Location Name Classification To From Unnamed to Vermillion River (south Tributary (T) Sec 8 Sec 29 branch of North Creek) T 114 R 20 T 114 R 19 Unnamed to Vermillion River (north Tributary (T) Sec 34 Sec 12 branch of North Creek) T 115 R 20 T 114 R 20 Unnamed to unnamed Tributary (T) Sec 17 Sec T114R20 T114 R19 Unnamed to unnamed Tributary (T) Sec 21 Sec23 T 114R20 T 114R20 Unnamed to Vermillion River (south Tributary (T) Sec 36 Sec36 branch of South Creek) T 114 R 21 T 114 R 20 Unnamed to unnamed Tributary (T) Sec 19 Sec33 T114 R20 T 114 R 20 13 Unnamed to unnamed Tributary (T) Sec 4 Sec 34 T113R20 T114R20 Section 54. Section 11-102-17 of the Zoning Ordinance (Shoreland Overlay District — Development Regulations) is hereby amended to add the following provisions: 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: The structure existed on the date the structure setbacks were established. 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. 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 f)lloiiy 14 Section 57. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED by the Lakeville City Council this 3' day of August, 2026. ATTEST BY: �z Tayl Snider, 11eputy City Clerk CITY OF LAKEVILLE BY: � Luk ellier, Mayor 15