HomeMy WebLinkAbout0674 CITY OF LAKEVILLE
DAKOTA COUNTY, NII:NNESOTA
SUMMARY OF ORDINANCE N0.674
AN ORDINANCE AMENDING TITLE 11 OF THE
LAKEVILLE CITY CODE, THE ZONING ORDINANCE
Title 11 is the zoning ordinance for Lakeville, Minnesota. This ordinance replaces
the prior zoning ordinance adopted July 7, 1980, and all amendments thereto, and
establishes a new zoning ordinance which contains the following chapters:
Chapter 1 Title and Application
Chapter 2 Rules and Definitions
Chapter 3 Administration -Amendment
Chapter 4 Administration -Conditional Use Permits
Chapter 5 Administration -Interim Use Permits
Chapter 6 Administration -Variances
Chapter 7 Administration -Appeals
Chapter 8 Administration -Administrative Permits and Approvals
Chapter 9 Administration -Site Plan Review
Chapter 10 Administration -General
Chapters 11-14 Reserved
Chapter 15 Non-Conforming Buildings,. Structures and Uses
Chapter 16 General Performance Standards
Chapter 17 General Yard, Lot Area and Building Regulations
Chapter 18 .Accessory Buildings, Structures, Uses and Equipment
Chapter 19 Off-Street Parking Requirements
Chapter 20 Off-Street Loading
Chapter 21 Fencing/Screening/Landscaping
Chapter 22 Outside Storage
Chapter 23 Signs
Chapter 24 Land Excavation and Mining
Chapter 25 Public Properry/Rights-of--Way
Chapter 26 Essential Services
Chapter 27 Model Homes
Chapter 28 Temporary Structures
Chapter 29 Wind Energy Conversions Systems (WECS)
Chapter 30 Antennas
Chapter 31 Day Care Facilities
Chapter 32 .Home Occupations
Chapter 33 Specialized Housing
Chapter 34 Sexually Oriented Uses
Chapter 35 Animals
Chapter 36 Airport Zoning
Chapter 37 Motor Vehicle Fuel Facilities
Chapters 3 8-44 Reserved
Chapter 45 General Zoning District Provisions
Chapter 46 A-P, Agricultural Preserve District
Chapter 47 RA, RuraUAgricultural District
Chapter 48 RAO, Rural/Agricultural Overlay District
Chapter 49 Reserved
Chapter 50 RS-1, Single Family Residential District
Chapter 51 RS-2, Single Family Residential District
Chapter 52 RS-3, Single Family Residential District
Chapter 53 RS-4, Single Family Residential District
Chapter 54 RS-CBD, Single Family Residential District. -Central Business
District Area
Chapter 55 RSMH, Single Family -Manufactured Home Park District
Chapter 56 RST-1, Single and Two Family Residential District
Chapter 57 RST-2, Single and Two Family Residential Transition District
Chapter 58 RM-l, Medium Density Residential District
Chapter 59 RM-2, Medium Density. Residential District
Chapter 60 Reserved
,Chapter 61 RH-1, Multiple Family Residential District
Chapter 62 RH-2, Multiple-Family Residential District
Chapters 63-69 Reserved
Chapter 70 O-R, Office/Residential Transition District
Chapter 71 C-1, Retail Commercial District
Chapter 72 C-2, Highway Oriented Commercial District
Chapter 73 C-3, General Commercial District
Chapter 74 CC, Corporate Campus Commercial District
Chapter 75 C-CBD, Central Business District Area -Commercial District
Chapter 76 C-W, Commercial Warehousing District
Chapters77-84 Reserved
Chapter 85 I-CBD, Central Business District Area -Industrial District
Chapter 86 I-1, Limited Industrial District
Chapter 87 I-2, General Industrial District
Chapters 88-95 Reserved
Chapter 96 PUD, Planned Unit Development District
Chapters 97-100 Reserved
Chapter 101 FP, Floodplain Overlay District
Chapter 102 S, Shoreland Overlay District
A printed copy of the entire zoning ordinance is available for inspection by any
person at City Hall during the City Clerk's regular office hours.
Approved for publication by the Lakeville City Council this 17~' day of July, 2000.
CITY OF LAKEVILLE
BY: ~
Duane R. Zaun, y r
A EST:
Charlene Friedges, City rk
ORDINANCE NO. 674
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 11 OF THE
LAKEVILLE CITY CODE, THE ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS;
SECTION 1. Title 11 of the Lakeville City Code is amended in its entirety to read as
shown on the attached Exhibit "A".
SECTION 2. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this 17th day of July, 2000, by the City. Council of the City of Lakeville,
Minnesota.
CITY OF LAKEVILLE
BY:
ane R. Zaun, Ma o
ATTEST:
~
Charlene Friedg ,City Cl k
87610
CITY OF LAKEVILLE
ZONING ORDINANCE
TABLE OF CONTENTS
Paae
Chapter 1 -TITLE AND APPLICATION
11-1-1: Title And Application 1-1
11-1-3: Conformity with this Title 1-2
1-2
11-1-5: Building.Compliance
11-1-7: Monuments 1-2
11-1-9: Uses Not Provided For Within Zoning Districts : 1-2
11-1-11: Separability 1-2
11-1-13: Authority -
1 3
11-1-15: Comprehensive Revision 1-3
Chapter 2 -RULES AND DEFINITIONS
11-2-1: Rules 2-1
11-2-3: Definitions 2-1
.Chapter 3 -ADMINISTRATION -AMENDMENT
14-3-1: Amendments, Initiation 3-1
11-3-3: Procedure 3-1
11-3-5: Certification of Taxes Paid 3-3
Chapter 4 -ADMINISTRATION -CONDITIONAL USE PERMITS
11-4-1: Purpose 4-1
11-4-3: Procedure 4-1
11-4-5: Information Requirement 4-3
11-4-7: General Performance Standards 4-4
11-4-9: Revocation 4-5
11-4-11: Permit Modifications ` 4-5
11-4-13: Expiration 4-6
14-4-15: Site Improvement PerFormance Agreement and
Financial Guarantee 4-7
11-4-17: Certification of Taxes Laid : 4-7
TC-1
~xH~~iT A
P-g-
Chapter 5 -ADMINISTRATION -INTERIM USE PERMITS
11-5-1: Purpose and Intent 5-1
11-5-3: Procedure 5-1
11-5-5: General Standards 5-1
11-5-7: Termination ~ 5-2
11-5-9: Certification of Taxes .Paid 5-2
11-5-11: Expiration 5-2
11-5-13; Site Improvement Performance Agreement and
Financial Guarantee 5-2
Chapter 6 -ADMINISTRATION -.VARIANCES
11-6-1: Purpose 6-1
11-6-3: Board of Zoning Adjustments and Appeals 6-1
11-6-5: Review Criteria 6-1
11-6-7: Procedures 6-2
11-6-9; Expiration 6-6
11-6-11: Site Improvement Performance Agreement and
Financial Guarantee 6-7
11-6-13: Certification of Taxes Paid 6-7
Chapter 7 -.ADMINISTRATION -.APPEALS
11-7-1: Board Designation 7-1
11-7-3: Applicability 7-1
11-7-5: Filing : 7-1
11-7-7: Stay of Proceedings 7-1
11-7-9: Procedure 7-1
Chapter 8 -ADMINISTRATION -ADMINISTRATIVE PERMITS AND APPROVALS`.
11-8-1: Purpose 8-1
11-8-3: Administrative Permits 8-1
11-8-5: Non-Permit Approvals : 8-3
11-8-7: Site Improvement Performance Agreement and
Financial Guarantee 8-3
Chapter 9 -ADMINISTRATION -SITE PLAN REVIEW
11-9-1: Purpose 9-1
11-9-3: Exceptions to Review 9-1
11-9-5: Sketch: Plan 9-1
11-9-7: Procedure 9-2
11-9-9: Certification of Taxes Paid 9-3
11-9-11: Evaluation.Criteria 9-3
11-9-13: Information Requirement 9-3
11-9-15: Plan Modifications 9-6
TC-2
P-~
11-9-17: Lapse of Approval 9-6
11-9-19: Site Improvement Performance Agreement and
Financial Guarantee 9-6
11-9-21: Minnesota State Building Code 9-9
11-9-23: ~ Plan Agreements 9-9
Chapter 10 -ADMINISTRATION -GENERAL
11-10-1: Enforcement 10-1
11-10-3: Violation 10-2
Chapters 11 -14 -RESERVED
Chapter 15 -NON-CONFORMING BUILDINGS, STRUCTURES AND USES
11-15-1: Purpose 15-1
11-15-3: General Provisions 15-1
11-15-5: Non-Conforming Uses 15-2
11-15-7: Non-Conforming Buildings and Structures 15-2
11-15-9: Non-Conforming Lots 15-4
Chapter 16 -GENERAL PERFORMANCE STANDARDS
11-16-1: Purpose 16-1
11-16-3: Dwelling Unit Restriction 16-1
11-16-5: Platted and Unplatted .Property 16-2
11-16-7: Erosion and Drainage 16-3
11-16-9: Crystal Lake Watershed Drainage Area 16-5
11-16-11: South Creek Stormwater District 16-5
11-16-13: Wetlands 16-5
11-16-15: Traffic Sight Visibility Triangle 16-6
11-16-17: Glare 16-7
11-16-19: Smoke 16-7
11-16-21: Dust and Other Particulate Matter 16-7
11-16-23: Air Pollution 16-7
11-16-25: Noise 16-7
11-16-27: Bulk Storage (Liquid) 16-7
11-16-29: Waste 16-7
Chapter 17 =GENERAL YARD, LOTAREA AND BUILDING REGULATIONS
11-17-1: ...Purpose 17-1
11-17-3: High. Water Elevation 17-1
11-17-5: Ground Water Elevation 17-1
11-17-7: Building Height 17-4
11-17-9: Building Type and .Construction 17-3
TC-3
11-17-11: Yards 17-5
11-17-13: Minimum Floor AreaPer Dwelling Unit 17-7
11-17-15: Efficiency Apartments -17-8
11 17-17: Minimum Floor Area, Commercial and .Industrial
Structures 17-8
11-17-19: Minimum Lot Area, Unsewered Lots 17-8
11-17-21: Exception to Lot Area Definition 17-9
11-17-23: Single family Dwellings, 17-9
11-17-25: Building Relocation/Moving 17-10
Chapter 18 -ACCESSORY BUILDING STRUCTURES, USES AND EQUIPMENT
11-18-1: Purpose 18-1
11-18-3: Agricultural Buildings 18-1
.
11-18-5: ...Conditional Use Permits 48-1
11-18-7: Single Family Attached and Detached Accessory Uses 18-2
11-18-9: AA Zoning Districts 18-4.
11-18-11: Waste and Recycling Receptacles and Enclosures 18-6
11-18-13: Sales in Residential Areas (Accessory Use) 18-7
Chapter 19 -OFF-STREET PARKING REQUIREMENTS
11-19-1: Purpose 19-1
11-19-3: Application Of Off-Street Parking Regulations 19-1
11-19-5: Site Plan Drawing Necessary 19-1
11-19-7: General Provisions 19-2
11-19-9: Maintenance 19-12
11-19-41: Location 19-12
11-19-13: Number Of Spaces Required 19-12
11-19-15: Off-Street Bicycle and Motorcycle Parking 19-16
11-19-17: Joint Facilities 19-16
11-19-19: Off-Site Parking 19-18
.
11-19-21: CBD District Parking 99=19
Chapter 20 -OFF-STREET. LOADING
11-20-1: Purpose 20-1
11-20-3: Number Of Loading Areas Required 20=1
_11-20-5: Off-Street Loading Required 20-2
11-20-7: Location 20-2
-11-20-9: Surfacing 20-4
11-20-11: Accessory. Use, Parking And Storage 20-4
11-20-13: Screening 20-4
11-20-15:_ Size 20-4
11-20-17: Circulation 20-4
11-20-19: Construction Standards 20=5
TC-4
P~-
Chapter 21 -FENCING/SCREENING/LANDSCAPING
11-21-1: Purpose 21-1
11-21-3: Corridor and Gateway Design Study 21-1
11-21-5: Fences `21-1
11-21-7: General Mandatory Landscaping and Maintenance 21-5
11-21-8: Required Screening: and Landscaping 21-5
11-21-11: Tree Preservation 21-10
11-21-13: Screening of Mechanical Equipment 21-11
Chapter,22 -OUTSIDE STORAGE
11-22-1: Purpose 22-1
11-22-3: Vehicles/Equipment 22-1
11-22-5: Outdoor Storage
22-1
11-22-7: Outdoor Storage land/Sea Containers or Parking of
Semi-Tractor Trailers 22-3
Chapter 23 -SIGNS
11-23-1: Purpose 23-1
11-23-3: Compliance Required 23-1
11-23-5: Billboards 23-1
Chapter 24 -LAND EXCAVATION AND MINING
11-24-1: Purpose 24-1
11-24-3: Prohibition 24-1
11-24-5: interim Use 24-1
Chapter 25 -.PUBLIC PROPERTY/RIGHTS-OF-WAY
11-25-1; Coverage : 25-1
11-25-3: Liability 25-1
11-25-5: Compliance 25-1
Chapter 26 -ESSENTIAL SERVICES
11-26-1: Purpose 26-1
11-26-3: .Application 26-1
11-26-5: Administrative Permit. Required 26-1
11-26-7: Conditional Use Permit Required
26-2
11-26-9: Performance Standards 26-2
Chapter 27 -MODEL HOMES
11-27-1: Purpose 27-1
11-27-3: Qualifications 27-1
11-27-5: Procedure 27-1
TC-5
P~_
11-27-7: Special Requirements 27-1
11-27-9: Restricted Use 27-2
Chapter 28 -TEMPORARY STRUCTURES
11-28-1: Purpose 28-1
11-28-3: Procedure 28-1
11-28-5: Special Requirements 28-1
Chapter 29 -WIND ENERGY CONVERSION SYSTEMS (WECS)
11-29-1: Purpose 29-1
11-29-3: Application 29-1
11-29-5: .Code Compliance 29-2
11-29-7: Manufacturing Warranty 29-2
11-29-9: Design Standards 29-2
11-29-11: Ornamental Wind Devices 29-4
11-29-13: Inspection 29-4
11-29-15: Abandonment 29-4:
Chapter. 30 -ANTENNAS
11-30-1: Purpose and lntent 30-1
11-30-3: General Standards 30-1
11-30-5: Tower Design 30-2
11-30-7: Co-.Location Requirement 30-2
11-30-9: Setbacks 30-3
11-30-11: Accessory and Secondary Use Antennas 30-4
11-30-13: Amateur Radio Service 30-4
11-30-15: Satellite Dishes 30-5
11-30-17: Personal Wireless Service Antennas 30-6
11-30-19: Temporary Mobile Towers 30-11
11-30-21: Commercial,. Public Radio and Television Transmitting
Antennas, Public Safety .Communication Antennas and
.Public Utility Microwave Antennas 30-11
11-30-23: Telecommunications Rights-of-Way Users 30-12
11-30-25: Additional-.Submittal Requirement 30-15
Chapter 31 -DAY CARE FACILITIES
11-31-1: Purpose _
31 1
11-31-3: Application _ 31-1
11-31-5: General Provisions 31-1
11-31-7: Nonconforming Use -
31 3
11-31-9: Inspection 31-3
TC-6
P-~
Chapter 32 -HOME OCCUPATIONS
11-32-1: Purpose 32-1
11-32=3: Application . 32-1
11-32-5: Procedures And Permits 32-1
11-32-7: Requirement, General Provisions 32-3
_11-32-9: Nonconforming Use 32-5
11-32-11: Inspection 32-5
Chapter 33 -SPECIALIZED HOUSING
11-33-1; Purpose 33-1
11-33-3: Bed and Breakfast Establishments 33-1
11-33-5: Residential Shelters 33-2
Chapter 34 -SEXUALLY ORIENTED USES
11-34-1: Purpose 34-1
11-34-3: General Provisions 34-1
11-34-5: Sexually Oriented Uses, Principal 34-1
11-34-7.: Sexually Oriented. Uses, Accessory 34-2
Chapter 35 -ANIMALS
11-35-1: Purpose 35-1
11-35-3: Keeping Animals 35-1
Chapter 36 -AIRPORT ZONING
11-36-1: Regulations 36-1
11-36-3: Obstructions 36-1
Chapter 37 -MOTOR VEHICLE FUEL FACILITIES
11-37-1: Purpose 37-1
11-37-3: Motor Vehicle Fuel Sales 37-1
11-37-5: Motor Vehicle fuel Sales Including Convenience Grocery
and Prepared Food 37-7
11-37-7: Truck Stops 37-7
Chapters 38 - 44 -RESERVED
Chapter 45 -GENERAL ZONING DISTRICT PROVtSiONS
11-45-1: Establishment of Districts 45-1
11-45-3: Zoning District Boundaries
45-2
11-45-5: Zoning Map 45-3
11-45-7: Annexations 45-3
TC-7
P-_9._
Chapter 46 - A-P, AGRICULTURAL PRESERVE DISTRICT
11-46-1: .Purpose 46-1
11-46-3: District Application 46-1
11-46-5: Permitted. Uses 46-1
11-46-7: Permitted Accessory Uses 46-T
11-46-9: Conditional Uses 46-2
11-46-11: Interim Uses 46-3
11-46-13: Uses by Administrative Permit 46-4
11-46-15: Lot Requirements and Setbacks 46-4
..Chapter 47 - RA RURAL/AGRICULTURAL DISTRICT
11-47-1: Purpose 47-1
11-47-3: Permitted Uses 47-1
11-47-5: Permitted Accessory Uses 47-1
11-47-7: Conditional Uses 47-1
11-47-9: Interim. Uses 47-2
11-47-11: Uses by Administrative Permit 47-2
11-47-13: Lot Requirements and Setbacks 47-2
Chapter 48 - RAO, RURAL/AGRICULTURAL OVERLAY DISTRICT
11-48-1: Purpose 48-1
11-48-3: Application 48-1
11-48-5: Permitted Uses 48-1
11-48-7: Permitted Accessory Uses 48-1
11-48-9: Conditional Uses 48-2
11-48-11: Interim Uses 48-2
11-48-13: Uses by Administrative Permit....: 48-2
11-48-15: Lot Requirements and Setbacks 48-3
Chapter 49 -RESERVED
Chapter 50 - RS-1, .SINGLE FAMILY RESIDENTIAL DISTRICT
11-50-1: Purpose 50-1
11-50-3: Permitted Uses 50-1
11-50-5: Permitted Accessory Uses 50-1
11-50-7: Conditional Uses 50-2
11-50-9: Interim Uses 50-3
11-50-11: Uses by Administrative Permit 50-3
41-50-13: Lot Requirements and Setbacks 50-4
Chapter 51 - RS-2, SINGLE FAMILY RESIDENTIAL.DISTRICT
11-51-1: Purpose 51-1
11-51-3: Permitted Uses 51-1
TC-8
F
11-51-5: Permitted Accessory Uses 51-1
11-51-7: Conditional Uses 51-1
11-51-9: Interim Uses
51-2
11-51-11: Uses by Administrative Permit 51-2
11-51-13: Lot Requirements and Setbacks 51-2
Chapter 52 - RS-3, SINGLE FAMILY RESIDENTIAL DISTRICT
11-52-1: Purpose 52-1
11-52-3: Permitted Uses 52-1
11-52-5: Permitted Accessory Uses 52-1
11-52-7: Conditional Uses 52-1
11-52-9: Interim Uses 52-2
11-52-11: Uses by Administrative Permit 52-2
11-52-13: Lot Requirements and Setbacks 52-2
Chapter 53 - RS-4, .SINGLE FAMILY RESIDENTIAL DISTRICT
11-53-1: Purpose 53-1
11-53-3: Permitted Uses 53-1
11-53-5: Permitted Accessory Uses 53-1
11-53-7: Conditional Uses 53-1
11-53-9: Interim Uses 53-2
11-53-11: Uses by Administrative Permit 53-2
11-53-13: Lot Requirements and Setbacks 53-2
Chapter 54 - RS-CBD, SINGLE FAMILY RESIDENTIAL DISTRICT-
CENTRAL BUSINESS DISTRICT AREA
11-54,1: Purpose 54-1
11-54-3: Permitted Uses' 54-1
11-54-5: Permitted Accessory Uses 54-1
11-54-7: Conditional Uses 54-1
11-54-9: Interim Uses . 54-2
11-54-11: Uses by Administrative Permit 54-2
11-54-13: Lot Requirements and Setbacks 54-3
Chapter 55 - RSMH, SINGLE FAMILY-MANUFACTURED HOME
PARK DISTRICT
11-55-1: Purpose 55-1
11-55-3: Permitted Uses 55-1
11-55-5: .Permitted Accessory Uses 55-1
11-55-7: Conditional Uses 55-2
11-55-9: Interim Uses 55-2
11-55-11: Uses by Administrative Permit 55-2
11-55-13: Site Plan Requirements 55-2
TC-9
P-
11-55-15: Design Standards 55-3
14-55-17: Operational Standards for Manufactured Home Park 55-8
11-55-19: Street Maintenance 55-9
Chapter 56 -RST-1, SINGLE AND-TWO FAMILY RESIDENTIAL DISTRICT
11-56-1: Purpose 56-1
11-56-3: PermittedUses 56-1
41-56-5: Permitted Accessory Uses 56-1
11-56-7: Conditional Uses 56-1
11-56-9: Interim Uses 56-3
11-56-11: :Uses by Administrative Permit 56-3
11-56-13: Lot Requirements and Setbacks 56-3
Chapter 57 -RST-2, SINGLE AND TWO FAMILY TRANSITION DISTRICT
11-57-1: Purpose 57-1
11-57-3: Permitted Uses 57-1
11-57-5: Permitted Accessory Uses 57-2
11-57-7: Conditional Uses 57-2
11-57-9: Interim Uses 57-2
11-57-11: Uses by Administrative Permit 57-2
11-57-13: Development Density 57-2
11-57-15: Lot Requirements and Setbacks 57-3
11-57-17: Common Areas 57-5
11-57-19: Design and Construction Standards 57-5
Chapter 58 - RM-1, MEDIUM DENSITY RESIDENTIAL DISTRICT
11-58-1: Purpose 58-1
11-58-3: Processing 58-1
11-58-5: Permitted Uses 58-2
11-58-7: Permitted Accessory Uses 58-2
11-58-9: Conditional Uses 58-2
11-58-11: Interim Uses
58-2
11-58-13: Uses by Administrative Permit 58-3
11-58-15: Development Density 58-3
11-58-17: Lot Requirements and Setbacks 58-3
11-58-19: Common Areas 58-5
11-58-21: Design and Construction Standards 58-5
11-58-23: Transition Requirement 58-9
11-58-25: Affordable Housing .......e 58-10
TC-10
P-9-
Chapter 59 - RM-2, MEDIUM DENSITY RESIDENTIAL DISTRICT
11-59-1: Purpose 59-1
11-59-3: Processing 59-1
11-59-5: Permitted Uses 59-1
11-59-7: Permitted Accessory Uses 59-1
11-59-9: Conditional Uses 59-2
11-59-11: Interim Uses 59-2
11-59-13: Uses by Administrative Permit 59-2
11-59-15: bevelopment Density 59-2
11-59-17: .Lot Requirements and Setbacks 59-3
11-59-19: Common. Areas 59-3`
11-59-21: Design and Construction Standards 59-4
11-59-23: Transition Requirement 59-4
11-59-25: Affordable Housing 59-4.
Chapter 60 -RESERVED .
Chapter 61 - RH-1, MULTIPLE FAMILY RESIDENTIAL DISTRICT
11-61-1: Purpose 61-1
11-61-3: Permitted Uses 61-1
11-61-5: .Permitted Accessory Uses 61-1
11-61-7: Conditional Uses 61-2
11-61-9: Interim Uses 61-2
11-61-11: Uses by Administrative Permit 61-2
11-61-13: Development Density 61-2
11-61-15: Lot Requirements and Setbacks 61-3
11-61-17: Common Areas 61-4
11-61-19: Design and Construction Standards 61-5
11-61-21: Transition Requirement 61-5
11-61-23: Affordable Housing 61-5
Chapter 62 - RH-2, MULTIPLE FAMILY RESIDENTIAL DISTRICT
11-62-1: Purpose 62-1
11-62-3: Permitted Uses 62-1
11-62-5: Permitted Accessory Uses 62-1
11-62-7: Conditional Uses 62-1
11-62-9: Interim Uses 62-2
11-62-11: :Uses by Administrative Permit.......: 62-2
11-62-43: Development Density 62-2
11-62-15: Lot Requirements and Setbacks 62-4
11-62-17: Common Areas 62-4
11-62-19: Design and Construction Standards 62-4
TC-11
P- a
11-62-21: Transition Requirement 62-4
11-62-23: Affordable Housing 62-4
Chapters 63 - 69 -RESERVED
Chapter 70 - O-R, OFFICE/RESIDENTIAL TRANSITION DISTRICT
11-70-1: Purpose 70-1
11-70-3: Permitted Uses 70-1
11-70-5: Accessory Uses 70-1
11-70-7: Conditional Uses 70-2
11-70-9: Interim Uses 70-4
11-70-11: Uses by Administrative Permit 70-4
11-70-13: Design Standards 70-4
11-70-15: Lot Requirements and Setbacks 70-4
Chapter 71 - C-1, RETAIL COMMERCIAL DISTRICT
11-71-1: Purpose -
71 1
11-71-3: Permitted Uses 71-1
11-71-5: Permitted Accessory Uses 71-2
11-71-7: Conditional Uses 71-2
11-71-9: Interim Uses 71-6
11-71-11: Uses by Administrative Permit 71-6
11-71-13: Lot. Requirements and Setbacks 71-10
Chapter 72 - C-2, HIGHWAY ORIENTED COMMERCIAL DISTRICT
11-72-1: Purpose 72-1
11-72-3: ..Permitted Uses 72-1
11-72-5: Permitted Accessory Uses 72-1
11-72-7: Conditional Uses 72-1
11-72-9: Interim Uses 72-9
11-72-11: Uses by Administrative Permit 72-9
11-72-13: Lot Requirements and Setbacks 72-9
Chapter 73 - C-3, GENERAL COMMERCIAL DISTRICT.
11-73-1: Purpose 73-1
11-73-3: Permitted Uses 73-1
11-73-5: Permitted Accessory Uses 73-2
11-73-7: Conditional Uses : 73-2
11-73-9: Interim Uses 73-3
11-73-11: Uses by Administrative Permit 73-3
11-73-13: Lot Requirements and :Setbacks 73-3
TC-12
P-~
Chapter 74 - CC, CORPORATE CAMPUS COMMERCIAL DISTRICT
11-74-1: Purpose 74-1
11-74-3: Permitted Uses 74-1
11=74-5: Permitted Accessory Uses 74-1
11-74-7: Conditional Uses 74-1
11-74-9: Interim Uses 74-3
11-74-11: Uses by Administrative Permit 74-3
11-74-13: .Design and Performance Standards 74-5
Chapter 75 - C-CBD, CENTRAL BUSINESS DISTRICT AREA -
COMMERCIAL DISTRICT
11-75-1: Purpose 75-1
1:1-75-3: Permitted Uses 75-1
11-75-5: .Permitted Accessory Uses 75-1
11-75-7: Conditional Uses 75-1
11-75-9: Interim Uses 75-3
11-75-11: Uses by Administrative Permit 75-3
11-75-13: Design Standards 75-3
11-75-15 Lot Requirements. and. Setbacks 75-3
Cha ter 76 - C-W
p ,COMMERCIAL WAREHOUSING DISTRICT
11-76-1: Purpose 76-1
11-76-3: Permitted Uses 76-1
11-76-5: Permitted Accessory .Uses 76-1
11-76-7: Conditional Uses 76-2
11-76-9: Interim Uses 76-3
11-76-11: Uses by Administrative Permit 76-4
11-76-13: Lot Requirements and Setbacks 76-4
Chapters 77 - 84 -RESERVED
Chapter 85 - I-CBD, CENTRAL BUSINESS. DISTRICT. AREA-
INDUSTRIAL DISTRICT
11-85-1: Purpose : 85-1
11-85-3: Permitted Uses 85-1
11-85-5: Permitted Accessory Uses 85-1
11-85-7: Conditional Uses 85-1
11-85-9: Interim Uses 85-2
11-85-11: Uses by Administrative Permit 85-2
11-85-13: Lot Requirements and Setbacks 85-3
TC-13
P-~
Chapter 86 - I-1, LIMITED INDUSTRIAL DISTRICT
11-86-1: Purpose 86-1
11-86-3: Permitted Uses 86-1
11-86-5: Permitted Accessory Uses 86-2
11-86-7: Conditional Uses 86-2
11-86-9: Interim Uses 86-5
11-86-11: Uses by Administrative Permit 86-5
11-86-13: Lot Requirements and Setbacks 86-5
Chapter 87 -1-2, GENERAL INDUSTRIAL DISTRICT
11-87-1: Purpose 87-1
11-87-3: Permitted Uses 87-1
11-87-5: Permitted Accessory Uses . 87-1
11-87-7: Conditional Uses 87-1
11-87-9: Interim Uses 87-2
11-87-11: Uses by Administrative Permit $7-2
11-87-13: Lot Requirements and Setbacks 87-2
Chapters 88 - 95 -RESERVED
Cha ter 96 -PUD PLANNED UNIT DEVELOPMENT DISTRICT
p
11-96-1: Purpose 96-1
11-96-3: Application 96-2
11-96-5: Uses 96-2
11-96-7: Setbacks and Building Height 96-2
11-96-9: Integrated Design 96-2
11-96-11: Sketch Plan 96-2
11-96-13: Development Stage Plan 96-2
11-96-15: Final Plan 96-3
11-96-17: Processing 96-3
11-96-19: Periodic PUD Review 96-4
11-96-21: Plan Modification/Amendment of a PUD-....,...:............ 96-4
11-96-23: General Requirements 96-5
11-96-25: Planned. Unit Development Districts 96-6
Chapters 97 - 100 -RESERVED
Chapter 101 - FP, FLOODPLAIN OVERLAY DISTRICT
11=101-1: Statutory Authorization, Findings of Fact, and Purpose 101-1
11-101-3: Warning and Disclaimer of Liability.....,..:........:............ 101-2
11-101-5: ~ District Application 101-2
11-101-7: General Provisions 101-2
11-101-9: Establishment of Zoning Districts 101-3
TC-14
P~_
11-401-11: FW, Ffoodway District 101-4
11-101-13: FF, Flood Fringe District 101-7
11-101-15: GFD, General Floodplain District 101-42
11-101-17: Subdivisions 1:01-12
11-101-19: Public Utilities, Railroads, Roads and Bridges ~ 101-13
11-101-21: Manufactured Homes and Manufactured Home
Parks .and Placement of Travel Trailers and
Travel Vehicles 101-13
11-101-23: Administration -
101.15
11-101-25: Variances and Amendments 101-17
11-101-27: Flood Insurance Notice and Record Keeping 101-18
11-101-29: Conditional Uses 101-18
11-101-31; Amendments 101.-20
Chapter 102 - S, SHORELAND OVERLAY DISTRICT
11-102-1: Purpose 102-1
11-102-3: District Authorization 102-1
11-102-5: District Application 102-1
11-102-7: District Boundaries 102-2
11-102-9:' Shoreland Classification 102-2
11-102-11: Allowable Land Uses 102-3
11-102-13: Minimum Lot and Setback Requirements 102-3
11-102-15: Non-Conformities 102-7
11-102-17: Development Regulations 102-7
11-102-19: Shoreland Alterations 102-12
11-102-21: Planned Unit Development 102-15
11-102-23; Variances 102-19
11-102-25: Conditional Uses 102-19
11-102-27: Notifications to .the Department of Natural Resources.. 102-20
11-102-29: Effect of Permit 102-20
TC-15
CHAPTER 1
TITLE AND APPLICATION
SECTION:
11-1-1: Title And Application
11-1-3: Conformity with this Title
11-1-5: Building Compliance
11-1-7: Monuments
11-1-9: Uses Not Provided For Within Zoning Districts
11-1-11: Separability
11-1-13: Authority
11-1-15: Comprehensive Revision
11-1-1: TITLE AND APPLICATION:
A. Title: This Title shall be known as the LAKEVILLE ZONING ORDINANCE except
as referred to herein, where it shall be known as "this Title".
B. .Intent And Purpose:. The intent of this Title. is to protect the public health, safety and
general welfare of the community and its people through the .establishment of
minimum regulations in regard to the location, erection, construction,.. alteration. and
use of structures and land. Such regulations are established to protect such use
areas; to promote orderly development. and redevelopment;- to provide adequate,
light, air and convenience of access to property; to prevent congestion in the .public
right of way; to prevent overcrowding of land and undue concentration of structures
by regulating land, building, yards and density of population; to provide for
compatibility. of different land uses; to provide for administration of this. Title; to
provide for amendments; to prescribe penalties for violation of such regulations;
and to define powers and duties of the City staff, the Board of Adjustment and
Appeals, the Planning Commission, and the City Council in relation to this Title.
C. Relation To The City's Comprehensive.-Plan: Pursuant to Minnesota Statutes
473.858, as may be amended, and City policy, the Gity's adopted Comprehensive
Plan shall .serve as the basis upon which land use and development shall be
regulated... This title shall not conflict with and. shall be based upon and implement
the City's Comprehensive Plan.
D. Standard, Requirement: Where the conditions imposed by any provision of this Title
are .either.. more or less restrictive than comparable conditions. imposed. by other
ordinance, rule or regulation of the City, the ordinance, rule or regulation which
imposes the more restrictive condition, standard, or requirement. shall prevail.
1-1
E. Application: The provisions of this Title shall be the minimum requirements for the
promotion of the public health, safety and welfare.
11-1-3: CONFORMITY WITH THIS TITLE.: No structure shall be erected,
.converted, .enlarged, reconstructed or altered, and no structure or land shall be used for
any purpose nor in anymanner which is not in conformity with the provisions of this Title.
11-1-5: BUILDING COMPLIANCE: Except as herein provided, no building, structure
or premises shall hereafter be used or occupied and no building permit shall begranted
that does. not conform to the requirements of this Title.
11-1-7: MONUMENTS: For the purpose of this Title, all international, federal, state,
county .and other official monuments, benchmarks, triangulation points, and stations shall
be preserved in their precise .locations; and it shall be the responsibility of the applicant
to insure that these markers .are maintained in good condition during .and following
construction and development. All section, one-quarter section and one-sixteenth section
corners shall be .duly described .and tied.
11-1-9: USES NOT PROVIDED FOR WITHIN ZONING DISTRICTS: Whenever in
any zoning district a use is neither specifically permitted nor denied, the use shall be
considered prohibited. In such. cases the City Council. or the Planning Commission,.: on their
own initiative or upon request, may conduct a study to determine if the use is acceptable
and if so what zoning district would be most appropriate and the determination as to
conditions and standards relating to development of the use. The City. Council, Planning
Commission or property owner, upon receipt of the study shall,. if appropriate, initiate an
amendment to this Zoning Title to provide for the particular use under consideration or
shall find that the use is not compatible for development within the City.
11-1-11: SEPARABILITY: It is hereby declared to be the intention of the City that the
several provisions. of this Title are separable in accordance with the following:
A. If any. court of competent jurisdiction shall adjudge. any provision of this Title to be
invalid, such judgment. shall not affect any other provisions of this Title not
specifically included in said judgment.
B. If any court of competent jurisdiction shall adjudge invalid the application of any
provision of this Title to a particularproperty, building, or other structure, such
judgment shall not affect the application of said provision to any other property,
building, or structure not specifically included in said judgment.
1-2
11-1-13: AUTHORITY: Thin title is enacted pursuant to the authority granted by the
Municipal Planning Act,. Minnesota Statutes, Section 462.351 to 462.363.
11-1-15: COMPREHENSIVE REVISION: The Council intends this Title to be a
comprehensive revision to Title 11 of the City Code. Any act done, offense committed,
rights accruing or accrued, _liability, or penalty incurred or imposed prior to the effective
date of this Title is not affected by its enactment.
1-3
CHAPTER 2
:RULES AND DEFINITIONS
SECTION:
11-2-1: Rules
11-2-3: Definitions
11-2-1: RULES: The language set forth in .the text of this Title shall be interpreted in
accordance with the following rules of construction:
A. The singular number includes the plural, and the plural the singular.
B. The present tense includes the past and the future tenses, and the future the
present.
C. :The word "shall" is mandatory while the word "may" is permissive.
D. The masculine gender includes the feminine and. neuter,
E. All measured distances ex ressed in feet shall be to the nearest tent
p h of a foot.
F. For terminology not defined in this Title, the City Code, the Minnesota. State
Building Code or the Webster's Dictionary shall be used to define such terms.
11-2-3: DEFINITIONS: The following words and terms, wherever they occur in this Title,
shall be interpreted as herein defined:
ABUTTING: Making contact with or separated. only by public thoroughfare, :railroad, or
public utility right-of-way.
ACCESSORY BUILDING OR USE: A subordinate building or use which is located on
the same lot on which the principal building or use is situated and which is reasonably
necessary and incidental to the conduct of the principal building or use.
ADDITION: A physical .enlargement of an existing structure.
AGRICULTURE_USES: Those uses commonly associated. with the growing of produce.
on farms, these include: field crop farming; pasture for hay, fruit growing; tree, plant,. shrub,
or flower nursery without building; ruck gardening; roadside stand for sale of in season
products grown on premises; and livestock raising and feeding, but not including fur farms,
commercial animal feedlots, retail .nurseries and garden centers, .and kennels.
2-1
AIRPORT: The Airlake Airport.
ALLEY: A public or private right of way primarily designed to serve as secondary- access
to the side or rear of those properties whose principal frontage is on a street.
ANIMALS:
A. Farm Animals: Cattle, hogs, bees, sheep, goats, chickens, turkeys, horses and
other animals commonly accepted as farm animals in the. State of Minnesota.
B. House Pets: Animals such as dogs, cats, birds (not. including pigeons, chickens,
geese, .turkeys or other domestic fowl), gerbils, hamsters,. rabbits (including those
normally sheltered outside of the principal structure), and tropical fish, that can be
contained within a principal structure throughout the entire year, provided that the
containment can be accomplished without special modification to the structure #hat
would require a building permit, excluding wild or domesticated wild animals...
ANIMAL FEEDLOTS: A lot or building or combination of lots and .buildings intended for
the confined feeding, breeding, raising, or holding of animals and specifically designed as
a confinement area in which. manure may accumulate, or where the concentration of
animals is such that a vegetative cover cannot be maintained within the enclosure. Open
lots used for feeding and rearing of poultry (poultry ranges) and barns, dairy farms, swine
facilities, beef lots and barns, horse stalls, .mink ranches and zoos, shall be considered to
be animal feedlots. Pastures shall not be considered animal feedlots.
ANIMAL KENNEL: Any place where #hree (3) or more domestic animals. of one type,
over six (6) months of age, are commercially kept, sold, boarded, bred, `or exhibited, except.
.hospitals, clinics, and other premises operated by a licensed veterinarian exclusively for
the care and treatment of animals.
ANTENNA, ACCESSORY AND/OR SECONDARY USE: Those antenna including radio
and television receiving .antennas, satellite .dishes, TVROs two (2) meters or less in
.diameter, short-wave radio dispatching antennas,. or those necessary for the operation of
electronic equipment such as radio receivers, ham radio. transmitters and television
receivers that are customary and incidental to allowed principal uses within the various
zoning districts of the City.
ANTENNA, PERSONAL WIRELESS SERVICE: A device consisting of metal, carbon.
fiber, or other electromagnetically conducive rods or elements, usually arranged in a
.circular array on a single supporting pole or other structure, and used for the transmission
and reception of wireless communication radio waves including cellular, personal
communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and.
similar services and including the support structure thereof.
2-2
ANTENNA, PUBLIC UTILITY MICROWAVE: A parabolic dish or cornucopia shaped
electromagnetically reflective or conductive element used- for the. transmission and/or
reception of point to point UHF or VHF radio waves in wireless telephone communications,
and including the support structure thereof.
.ANTENNA, RADIO AND TELEVISION, BROADCAST TRANSMITTING: A wire, set of
wires, metal or carbon fiber. rod or other electromagnetic element used to transmit public
or commercial broadcast radio, or television programming, and including the support.
structure thereof.
ANTENNA, RADIO AND TELEVISION RECEIVING:. A wire, set of wire, metal or carbon
fiber element(s), other than satellite dish antennas, used to receive radio, television, or
electromagnetic waves, and including the support structure thereof.
ANTENNA, SATELLITE DISH: A device incorporating a reflective surface that is solid,
open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or
.cornucopia. Such device is used to transmit and/or receive radio or electromagnetic
waves between terrestrially and/or orbitally based. uses. This definition'shall include, but
not be limited to, what are commonly referred to as sateNite earth .stations, TVROs
(television, .receive only) and satellite. microwave antennas and the support structure
thereof.
ANTENNA, SATELLITE DISH HEIGHT: The height of the antenna or dish. measured
vertically from the. highest point of the antenna or dish when positioned. for operation, to
the top ofithe foundation which supports the antenna.
ANTENNA, SHORT-WAVE RADIO TRANSMITTING AND RECEIVING:. A wire, set of
wires or a device, consisting of a metal, carbon fiber, or other electromagnetically
conductive element used for the transmission and reception of radio waves used. for short-
wave radio communications, and including the support structure thereof.
ANTENNA, SUPPORT STRUCTURE: Any building or other structure other than a tower
which can be used for location of antennas.
ANTENNA TOWER: Aself-supporting lattice, guyed or monopote structure constructed
from grade which. supports personal wireless service antennas. The term tower shall not •
include amateur radio operators' equipment, as licensed by the FCC.
ANTENNA, TEMPORARY .MOBILE: Any mobile tower, pole, or structure located on a
trailer, vehicle, or temporary platform intended primarily for the purpose of mounting an
antenna or similar apparatus for personal wireless services, also commonly referred to as
Cellular on.Wheels.(COW).
APPLICANT: The owner, heir agent or person having iegal control, .ownership and/or
interest in land for which the provisions of this Title are being considered or reviewed.
2-3
AQUIFER RECHARGE AREAS: All land surface areas which by nature of #heir surface
and/or subsurface soil characteristics are determined to contribute to the replenishment
of subsurface. water supplies.
AUTOMOBILE WRECKING OR JUNK YARD: Any place where two (2) or more vehicles
not in running condition and/or not licensed, or parts thereof, are stored in the open and
are not being restored to operation or any land, building or structure used for wrecking or
storing of such motor vehicles or parts thereof, and including any commercial salvaging
and scavenging of .any other goods, articles or merchandise.
BASEMENT: That portion of a building between floor and ceiling, which is partly below
and partly above .grade, but so located that the vertical distance from grade to the. floor
below is more than the vertical distance from grade to ceiling. (See definition. of Story.)
BAY: Cantilevered area of a room.
BLUFF: A topographic feature such as a hill, cliff, or embankment having the following
characteristics:
A. Part or all of the feature is located in a shoreland area;
B. The slope. rises. at least twenty five (25) feet above the ordinary high water level of
the water body;
C. The grade of the slope from the toe of the bluff to a point twenty five (25) feet or
more above .the ordinary height water level averages. thirty (30) percent or greater;
and:
D. The slope must drain toward the water body.
BLUFF IMPACT ZONE: A bluff and land located within twenty (20) feet from the top of
a bluff.
BLUFF, TOE OF: The lower point of a fifty (50) foot segment with an average slope
exceeding eighteen (18) percent.
BLUFF, TOP OF: The higher point of a fifty (50) foot segment with an average slope
exceeding eighteen (18) percent.
BOARDING HOUSE: A building other than a hotel where, for compensation and by
prearrangement for definite periods, meals or lodging and meals are. provided to .three (3)
or more persons, not of the principal family therein, pursuant to previous arrangements
and not to anyone who may apply, but not including a building. providing these services for
more than ten (10) persons.
2-4
BOARDING ROOM: A room rented as sleeping and living quarters, but without cooking
facilities and with or without an individual bathroom. In a suite of rooms without cooking
facilities, each room. which provides sleeping accommodation shall. be counted as one
boarding room.
BOARDING (HOUSE) HOME, FOSTER CHILDREN: A family dwelling where children
out of their own homes are cared for.
BOATHOUSE: A structure used solely for the storage of boats or boating equipment.
BODY PIERCING: Penetrating or making a hole in or through the human. body to place
jewelry or objects of metal, plastic, wood, bone, or other foreign,material on any area for
cosmetic purposes.
BOULEVARD: The portion of the street right-of-way between the curb and theproperty
line.
BUFFER: The use of land, topography, difference in elevation, space, fences or
landscapeplantings to screen or partially screen a use or property from. another use or
property or to shield or mitigate noise, lights or other impacts.
BUFFER YARD:. A strip of land utilized to screen or partially screen a use or property
from another use or property onto shield or mitigate noise, .lights, or other impacts.
BUILDABLE AREA: The portion of a lot remaining after required yards have been
provided.
BUILDING: Any structure used or intended for supporting or sheltering any use or
.occupancy.
BUILDING HEIGHT: A distance to be measured from the mean ground level to the top
of a flat roof, to the mean distance of the highest gable on apitched or hip roof, to-the deck
line of a mansard roof, to the uppermost point on all other roof types.
BUILDING .LINE: Aline parallel to a lot line or the ordinary high water level at the
required .setback beyond which a structure may .not extend.
BUSINESS: Any establishment, occupation, employment or enterprise where
merchandise is manufactured, exhibited or .sold,. or .:where services are offered for
compensation.
CANOPY: An accessory roof-like structure, which is either attached to or detached. from
an allowable primary building; which is open on all sides, other than. where attached; and,
which is located over and designed to provide cover for entrances, exits, walkways, and
approved off-street vehicle service areas..
2-5
CELLAR:. The portion of a building between floor and ceiling which is wholly or partly
below grade and so located that the vertical distance from grade to the floor below is equal
to or grea#er than the vertical distance from grade to ceiling.
CEMETERY: A parcel or tract of land used or .intended to be used for the burial of the
dead including columbariums, crematories, mausoleums and mortuaries when operated
within the boundaries of such cemetery.
CHANNEL: A natural or artificial depression of perceptible extent, with definite bed and
banks to confine and conduct water either continuously or periodically.
CITY ATTORNEY: The person designated by the City Council to be the City Attorney for
the City of Lakeville.
CITY BUILDING OFFICIAL:. The person designated by the City Council to be the City
Building Official for the. City of Lakeville.
CITY COUNCIL: The governing body for the City of Lakeville.
CITY ENGINEER: The person designated by the City Council to be the City Engineer for
the .City of Lakeville.
CITY FORESTER:. The person designated by the City Council to be the City Forester for
the City of Lakeville.
CLEAR-CUTTING: The. removal of an entire stand of trees.
CLUB. OR LODGE: A nonprofit association of persons who are bonafide members
paying annual dues, with the use of premises being restricted to members and their guests
for receptions, social recreation, and other gatherings..
COMMERCIAL EQUIPMENT: Any equipment, including trailers, used for the alteration,
demolition, construction,. maintenance, or excavation of a building, structure or property.
COMMERCIAL USE: The principal use of land or buildings for. the sale, lease, rental or
trade of products, goods, and services, including but not limited to the following:
A. Automobile Repair (Major): General repair, rebuilding or reconditioning engines,
motor vehicles or trailers; collision .service, including body,. frame or fender
straightening or repair; overall painting or paint job; vehicle steam cleaning.
B. Automobile Repair (Minor):. Minor repairs, incidental body and fender work,
painting and upholstering, replacement of parts and motor services to passenger
automobiles and trucks not exceeding. twelve thousand (12,000) pounds gross
weight, but not including any operation specified under "automobile repair (major)".
2-6
C. Automobile Sales: The use of any building or land area for the display and sale
of new or used automobiles, trucks, .vans, trailers or recreational vehicles including
any major or minor automobile repair or service uses conducted as an accessory.
use.
D. Drive-In Establishment: An establishment which accommodates the patron's
automobile from which the occupants may receive a service or in which .products
.purchased. from the establishment may be consumed.
E. Motel/Motor Hotel: A building or group of detached, semi-detached or attached
buildings containing guest rooms, or units,. each of which has a separate entrance
directly from the outside of the building, or corridor,. with garage or parking space
conveniently located to each unit, and which is designed, used or intended to be
used primarily for the accommodation of transient guests traveling by automobile.
F. Motor Fuel. Facility: A place where gasoline, kerosene or motor oil and lubricants
or grease, for operation of automobiles, are retailed directly to the public on
premises, and including minor accessories and .services for automobiles, but not
including major automobile repairs.
G. Office Business (General): An establishment located within a building or portion
of a building for the conduct of business activities involving predominantly
professional, administrative or clerical service operations including. attorneys,
financial advisors, .consultants, insurance, travel and other uses of similar
character.
H. Office Business (Clinicalr: An establishment located within a building or portion
ofi a building providing out-patient health services to .patrons, .including .general
medical clinics, mental healthproviders, chiropractors, dentists, orthodontists, oral
surgeons, opticians and other uses of similar character.
I. Recreational Business: Health club, bowling alley, cart track, golf course, billiard
(pool) hall, dancehall, skating rinks, swimming pools, firearms range, boat rental,
amusement rides,. campgrounds, private parks,: and uses of similar character, which.
may be further distinguished as indoor or outdoor uses.
J. Restaurant (Convenience): An establishment that serves food in or on
disposable or edible containers in individual servings for consumption on or off
premises, including. drive-in restaurants, and including drive-through facilities..
K. Restaurant (General): An establishment which serves food in or on non-
disposable dishes to be consumed primarily. while. seated at tables or booths within.
the building..
2-7
L. Retail Business: An establishment engaged in the display and sale of products
produced off-site directly to consumers within a building or portion of a building,
excludingany exterior display and sales.
M. Service Business (Off-Site): A company that provides useful labor,
maintenance, repair and .activities incidental to business production or distribution
where the service is provided at the customer's location, including delivery services,
catering services, plumbing and sewer services, and other uses of similar character.
N. Service Business (On-Site):. An establishment that provides useful labor,
maintenance,. repair and activities incidental to business production. or distribution
where the customer patronizes the location of the operation, such as banks, copy
centers, barber/beauty salons, laundromats, dry cleaners, funeral homes and
mortuaries,. animal. clinics, appliances repair,. tailor shops, travel bureaus.
O. Shopping Center: An integrated grouping of commercialstores, under single...:
ownership or control.
COMMERCIAL VEHICLE: A vehicle used for commercial purposes either greater than
eight (8) feet in height or greater than twenty-two (22) feet in length, including but not
limited to: boom .trucks,. cargo trucks, dump trucks, farm implements, .fire trucks,
ambulances, limousines, hearses, semi-tractor trailers, tank trucks and tow trucks.
COMMISSIONER: The Commissioner of the Department of Natural Resources.
COMPREHENSIVE PLAN: A compilation of policy statements, goals, standards, and
maps for guiding the physical, social and economic development,. both private and public,:
of the municipality and its environs, including air space and= sub-surface areas .necessary
for mined underground space development as pursuant to Minnesota Statutes, and may
include, :but is not limited to, the following: statements of policies, goals, standards, a land
use plan, a community facilities plan, park/trail/recreation plan, a transportation plan, storm
water management plan, sanitary sewer and water system plan, and recommendations for
plan execution.
CONDITIONAL USE: A use, .which because of special problems of control the use
presents, requires reasonable, but special, unusual and extraordinary limitations peculiar
to the use for the protection of the public welfare and. the integrity of the City
Comprehensive .Plan.
CONDITIONAL USE PERMIT: A perrnit issued by the. City Council in accordance with
procedures specified in this Title, as a flexibility device to enable. the City Council to assign
:.dimensions to a proposed use. or conditions surrounding it after consideration of adjacent
uses and their functions and. the special problems which the proposed: use present.
2-8
CONDOMINIUM: A multiple family dwelling or development containing individually
owned. dwelling. units and jointly owned and shared areas and facilities, which dwelling or
development is subject to the provisions of the Minnesota Condominium. Law, Minnesota
Statutes, Section 515.01 through 515.29.
.COOPERATIVE (MOUSING): Amultiple-family dwelling owned and maintained by the
residents and subject to the provisions of Minnesota Statutes 290.09 and 290:13. The
entire structure and real property is under common ownership as contrasted to a
condominium dwelling where individual units are under separate individual occupant
ownership.
COURT: An unoccupied. open space other than a yard: which is bounded on two (2) or
more sides by the walls of the buildings. '
CROWDINGPOTENTIAL: The ratio of total acreage to shore miles.
DAY CARE FACILITY: Any State licensed facility, public or private, which for gain or
otherwise regularly provides one or more persons with care, training, .supervision,
habilitation, rehabilitation, or developmental guidance on a regular basis, for periods of
less than twenty four (24) hours per day, in a place other than the person's own home. Day
care facilities include, but are not limited to: family day care homes, group family day care
homes, day care centers, day nurseries, nursery schools,. daytime activity center, day
treatment programs, and other "nonresidential programs" as defined by Minnesota
Statutes, Section 245A.02, subdivision 10.
DECK: Horizontal, unenclosed platform,with or without attached railings, seats, trellises,
or other features, attached or functionally related to a principal use or site and at any point.
extending above grade.
DEPOSIT: Any rock, soil, gravel, sand or other material .deposited naturally or by man
into a water body, watercourse, floodplains or wetlands.
DISTRIBUTION LINES: All. those wires, poles, and appurtenant equipment used to carry
electricity, generally rated below .115 kilovolts, located .between a customer .and' a
transmission line.
DISTRICT: A section or sections of the City for which the regulations and provisions
governing the use of buildings and lands are uniform for each class of use permitted
therein.
DIVERSION: A channel that intercepts surface water .runoff .and that changes the
accustomed course of all or part of a stream.
DRAINING: The removal of surface water or ground water from land.
DREDGLNG: To enlarge or clean-out a water body, watercourse;. or wetland.
2-9
DRIVE THROUGH FACILITY: An establishment (principal or accessory use) at which
patrons may purchase products or receive service without having to leave the motor
vehicle.
DWELLING: A building or .portion thereof, designated exclusively for residential
occupancy, including one-family, two-family, and multiple-family dwellings, but not
including hotels, motels,. boarding houses, bed and breakfast, mobile homes or trailers.
DWELLING, EFFICIENCY APARTMENT: A dwelling unit consisting of one (1) principal
room exclusive of bathroom, hallway, closets, or dining alcove.
DWELLING, ELDERLY (SENIOR CITIZEN) HOUSING: A public. agency owned or
.controlled multiple dwelling building with .open occupancy limited to persons over fifty-five
(55) years of age.
DWELLING, MANOR HOMES: A residential structurewith. five {5) to eight (8) units with
each unit having a separate entrance/exit. There may be more than one (1) floor and an
attached garage space.
DWELLING, MULTIPLE FAMILY (APARTMENT): A building designed with three (3) or
:.more. dwelling units exclusively for occupancy by three. (3) or more families living
independently of each other, but sharing hallways and main entrances and exits.
DWELLING NURSING HOME: A tate licensed facilit or that
S y part of a facility which
provides nursing care pursuant to Minnesota Statutes Chapter 144A.01.
DWELLING,. QUADRAMINIUM: A single structure. which contains four (4) separately
owned dwelling units, all of which have individually separate entrances from the exterior
of the structure.
DWELLING, SINGLE FAMILY: A dwelling unit designed .exclusively for and occupied
exclusively by one (1) family.
DWELLING, .TOWNHOUSES: Structures housing three (3) or more dwelling units
.contiguous to each other only by the sharing of one (1) or more common walls with each
unit having a separate entrance/exit, such structures to be of the townhouse or row house
type as contrasted to multiple family dwelling apartment structures.
DWELLING, TOWNHOUSES, DETACHED:. A structure having the characteristics of a
multiple unit townhouse structure that has been separated into single dwelling units at the
common side wall, typically with structure dimensions that have a narrow front and deep
side walls and are typically without windows or features on at least one of the side walls.
DWELLING, TWO FAMILY: A structure designed exclusively for'occupancy by two (2)
families living independently of each other.
2-10
A. Duplex: Atwo-family dwelling with one unit above the other.
B. Twinhome: Atwo-family dwelling .with two (2) units side-by-side.:
DWELLING UNIT: A residential building or portion thereof intended for occupancy by one
(1) or more persons with facilities for Living, sleeping cooking and eating,. but not including
hotels,. motels, nursing homes, .tents, seasonal .cabins, boarding or rooming houses, motor
homes, or travel trailers.
EARTH BERM (HOUSE CONSTRUCTION):. An earth covering on the above grade
portions of the building walls.
EARTH SHELTERED BUILDING: A building so constructed that fifty (50) percent or
more of the completed structure is covered with earth. Earth covering is measured from
the lowest level of the .livable space in residential units and of usable space in non-
residential buildings. An earth sheltered building is a complete structure that does not
serve just as a foundation or sub-structure for .above grade construction. A partially.
covered building shall not be considered earth sheltered.
EASEMENT: A grant by a property owner for the use of a strip of land and- for the
purpose of constructing and maintaining streets, trails, sidewalks, drives, and/or utilities
including, but not. limited to, wetlands, ponding areas, sanitary sewers, water mains,
electric lines telephone lines storm sewer or storm drainage ways and gas lines.
ENGINEER: An .electrical, mechanical, civil, or other. professional engineer licensed by
the State of Minnesota.
EQUAL DEGREE OF ENCROACHMENT: A method of .determining the location of
encroachment lines so that flood plain land on both sides of a stream are capable of
conveying a proportionate share of flood flows. This is determined by considering the
effect of encroachment on the hydraulic efficiency of the .flood plain along both sides of a
stream for a significant reach.
ESSENTIAL SERVICES: The erection, construction, alteration, or maintenance by private
or public utilities, or municipal. departments of underground or overhead telephone, gas,
electrical, steam, hot water, communication, waste, or water transmission, distribution,
collection, .supply. or disposal systems, including water towers, wells, poles, wires, radio
receivers and .transmitters, mains, drains, sewers, pipes, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, hydrants. and other similar equipment, accessories
and related structures in connection therewith for the furnishing of adequate. service by
such private or public utilities or municipal departments. Essential services. shall not
include waste facilities or personal wireless service antennas or support structures.
EXTRACTIVE USE: The use of the land. for surface or subsurface removal of sand,.
gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under
Minnesota Statutes, sections 93.44 through 93.51.
2-11
FAMILY: An individual or two (2) or more persons each related to the. other by blood,
marriage, adoption, domestic partnership, or foster care, or a group of not more than.three
(3) persons not so related maintaining a common household and using common cooking
and kitchen facilities.
FARM: A tract of land of more than-ten (10) acres in size usually with a house and barn
plus other buildings on which crops and often livestock are raised for a principal source
of livelihood.
FARM, HOBBY: A tract of land consisting of ten (10) or less acres in size with a house
and accessory buildings on which crops and often livestock: are raised but. not as a
principal source of income. A hobby farm shall not qualify for exemptions provided in this
Title for farms.
FARMING: Process of operating a farm for the growing and harvesting of crops which
shall include those necessary accessory buildings, related to operating the farm, and the.
keeping of common domestic farm animals.
FENCE: Any partition,- structure, wall or gate erected as a dividing mark, barrier or
enclosure.
A. Fence, Boundary Line: All fences located within five (5) feet of a property line.
B. Fence, Interior Yard: All fences located five (5) feet from a property line.
FILLING: The act of depositing any rock, soil, gravel, sand or other material so as to fill
a water body, .watercourse, or wetland. '
FLOOD:. A temporary rise in a stream flow or stage which results in inundation of the
areas adjacent to the channel
A. Flood Frequency: The average frequency, statistically determined, for which it is
expected that a specific flood stage or discharge may be equaled or exceeded`. By
strict definition, such estimates are designated "exceedence frequency", but in
practice the term. "frequency" is used. Thefrequency of a particular stage of
discharge is usually expressed as having a probability of occurring once within a
specific number of years.
B. Flood Fringe: That portion of the floodplain outside of the floodway.
C. Floodplain: The areas adjoining a watercourse which have been or hereafter may
be covered by the regional flood.
D. Flood Profile: A graph or a lon itudinal lot of water surface elevation of a flood
9 p
event along a reach of a stream or river.
2-12
E. Floodway: The channel of the watercourse and those portions of the. adjoining
floodplams which are reasonably required to carry ,and discharge the regional flood.
FLOOD, REGIONAL: A flood which is representative of large floods known to-have
occurred generally in Minnesota and reasonably characteristic of what can be expected
to occur on an average frequency in the magnitude of the 100-year reoccurrence interval
Regional flood is synonymous with the term "base flood" used in the Flood Insurance
Study.
FLOOD, REGULATORY FLOOD PROTECTION ELEVATION: A point not less than one.
(1) foot above. the elevation of the flood plain, plus any increases in flood heights
attributable to encroachments on the flood plain. It is the elevation to which uses regulated
by this Title are required to be elevated. or floodproofed.
FLOOR AREA: The sum ofithe gross horizontal areas of the several floors of the building
or portion thereof devoted to a particular use, including accessory storage areas located
within selling or working space such as counters, racks or closets, and any basement floor
area devoted to retailing activities, to the production of processing of goods,. or to business
or professional offices. However, the floor area shall not include: basement or cellar floor
area other than area devoted to retailing activities, the production or processing. of goods,
or to business or professional offices. The floor area of a residence shall not include the
cellar area.
GARAGE, PRIVATE (Residential): An accessory building or accessory portion of the
principal building which is primarily intended for and used to store the private passenger
vehicles and trucks not exceeding twelve thousand .(12,000). pounds. gross weight, of the
..family resident upon the premises.
GARAGE, PUBLIC: A building or portion of a building, except any herein defined as a
private garage or as a repair garage, used for the storage of motor vehicles, or where any
such vehicles are: keptfor remuneration or hire.
GARDEN SUPPLY STORE: A place of business where retail and wholesale products
and produce are sold to the retail customer. These centers import the majority of the items
sold. These items may include soils, wood chips, decorative rock, brick, retaining wall
block, plants, nursery. products and stock, fertilizers, potting soil, hardware, power
equipment and machinery, hoses, rakes, shovels, and. other garden .and farm tools and
utensils.
GRADE (Adjacent Ground Elevation): The lowest point of elevation of the. finished
surFace of the ground, paving or sidewalk within the area between the building and the
property line, or when the property line is more than five (5) feet from the. building,
between the building and a line five (5) feet from the building.
GRADING: Changing the natural or existing topography of land.
2-13
GREENHOUSE: An enclosed building, permanent or portable, which is used for the
growing of small plants. Retail or accessory sales are prohibited.
GUEST ROOM: A room occupied by one or more guests for compensation and in which
no provision is .made for cooking, but not including rooms in a dormitory for sleeping
purposes primarily.
HOME OCCUPATION: Any occupation or profession engaged in by the occupant of a
residential. dwelling unit, which is clearly incidental and secondary to the residential use
of the premises and does nofi change the character of .said premises.
HOME OFFICE: A home occupation consisting of a room or group of rooms used for
conducting affairs of a recognized business, profession or service solely by the occupanf
of thedwelling and which does not involve the on-site sale of products or client/patron site.
visitations
HOTEL: Any building or portion thereof occupied as the more or less temporary abiding
place of individuals and containing six (6) or more guest rooms, used, designated, or
intended to be used, let or hired out to be occupied, or which are occupied by six (6) or
more individuals for compensation, whether the compensation be paid directly or indirectly.
HOUSE PET ENCLOSURE: Any accessory building or portion thereof, accessory
structure or area of any kind, including, without limitation, pens, runs, kennels and pet
houses, that is principally used or designed for use as a place for keeping house pets. An
electronic pet containment system is not considered a house pet enclosure.
IMPERVIOUS SURFACE: An artificial or natural surface through which water cannot.
easily penetrate:
INDIVIDUAL SEWAGE TREATMENT SYSTEM: A sewage treatment system or part
thereof, serving a dwelling, building, structure or other establishment, or group thereof, and
using sewage tanks or advanced treatment .followed by soil treatment and disposal
Individual sewage treatment system includes holding tanks.
INDUSTRIAL USE: The use of .land or buildings for the production, manufacture,
warehousing, storage or transfer of goods, products, commodities, or other wholesale.
items.
INTENSIVE VEGETATION CLEARING: The complete removal of trees or shrubs in a
contiguous patch, strip, row, or block.
.INTERIM USE: A temporary use of property until a particular date, until the occurrence
of a particular event, or until zoning regulations no longer al ow it.
2-14
INTERIM USE PERMIT: A permit issued in accordance with procedures specified in this
Title, as a flexible device: to enable the City Council to assign time limits and conditions to
a proposed use after consideration of current or future adjacent uses and their functions.
INTERLOCK: The. painted line or a barrier in a parking lot that separates two (2) facing
rows of parking from one another.
INTERMITTENT: A stream. or portion of a stream: that flows only in direct response to
precipitation.
LAND RECLAMATION: The process of the reestablishment of acceptable topography
(i.e., slopes),. vegetative cover, soil. stability and the establishment ofsafe conditions
appropriate to the subsequenf use of the land.
LAND/SEA CONTAINERS: Fully enclosed metal or other prefabricated material
structures,. containers, holders, or receptacles greater than five (5) feet in length with an
opening for. access,.which mayor may not have a door attached, and which are used for
purposes. of, but nofilimited to, storage, transportation of freight, or holding for sale or
lease.
LAND SURVEYOR: Such persons licensed. by the State of Minnesota as a land surveyor.
LOADING SPACE (OFF-STREET): A formally delineated space, area, or berth on the
same lot with a building, or contiguous to a group of buildings, for the temporary parking
of a vehicle or truck while loading or unloading merchandise or materials.
LOT: Land occupied or to be occupied by a building and its accessory buildings, together
with such .open spaces as are required under the .provisions of this. Title, having not less
than the minimum area required by this Title fora building site in the district in which such
lot is situated and having its principal frontage on a public street..
LOT AREA: The area of a horizontal plane within the lot lines.
LOT. AREA, MINIMUM (Lots Of Record And Preliminary Platted Lots Having Legal
Standing On January 1, 1994): Except as may be otherwise required by this Title, the
area of a horizontal plane within the lot lines.
LOT AREA, MINIMUM: (Lots Of Record Established After January 1, 1994): Except
as may be otherwise expressly allowed in this Title, the area. of a horizontal plane within
the lot lines excluding "major drainageways' ; as defined by the Comprehensive Storm.
Drainage Plan, wetlands, waterbodies, road rights of way, required buffer strips, regional
utility/pipeline easements, and slopes steeper than three to one (3:1).
LOT, BASE: Lots meeting all the specifications. in the zoning .district prior to being
subdivided into atwo-family dwelling or quadraminium subdivision.
2-15
LOT, ..CORNER: A lot situated at the junction of and abutting on two (2) or more
intersecting streets; or a lot at the .point of deflection in alignment of a single street, the.
interior angle_of which is one hundred thirty-five (1.35) degrees or less.
LOT, DEPTH: The mean horizontal distance between the front lot line and the rear lot line
measured from a ninety. (90) degree. angle from the street. right of way within the lot
boundaries:
LOT, FRONTAGE: The narrowest lot boundary abutting a public street that meets
.minimum lot width requirements. if none of the boundaries abutting a public street meet
minimum lot width requirements, then the lot frontage is the widest boundary abutting a
street. In areas where a lot has two (2) or more boundaries of equal length that abut a
public street, the Zoning Administrator shall determine the lot frontage based upon the
character of the area.
LOT IMPROVEMENT: Any building, structure, place, work of art, or other object, or
improvement of the land on which they are situated constituting a physical betterment of
real property, or any part of such. betterment..
LOT INTERIOR: A iot, other than a corner lot, including through or double frontage Lots.
LOT LINE: A property boundary line of any lot held in single or separate ownership
except that where any portion of the lot extends into the abutting street or alley,. the lot Line
shall be deemed to be the street or alley right of way.
LOT LINE, FRONT: The lot line separating a lot from the street right of way along the lot
frontage.
LOT LINE, REAR:. The lot line opposite and most distant from the lot frontage which
connects the side lot lines.
LOT LINE, SIDE: Lot lines extending away from the lot frontage, which connects the front.
and rear lot lines.
LOT. OF RECORD: A parcel- of land,. whether subdivided and/or otherwise legally
described. and recorded as of September 3, 1963, or approved by the City as a lot
subsequent to such date and which is occupied by or intended for occupancy by one
principal building or principal use together with any accessory buildings and such open
spaces as required. by this Title and having its principal frontage upon a street.
LOT, SUBSTANDARD: A lot or parcel of land which does not meet the minimum lot area,
structure setbacks or other dimensional standards of this Title.
LOT, THROUGH:. Alot fronting on two (2) parallel streets. Also defined as a double.
frontage lot.
2-16
LOT, TRIANGULAR: A lot in which the side lot lines converge into a single vertex. The
vertex shall be deemed. to be the rear lot line.
tOT, UNIT: Lots created from the subdivisions of atwo-family dwelling. or quadraminium
having different minimum lot size requirements than the conventional base lots within the
zoning. district.
LOT, WIDTH: For lots of record and preliminary platted lots having legal. standing on
January 1, 1994, lot width shall mean the minimum required horizontal distance between
the side lot lines measured at right angles to the lot depth, at the front setback line. For
cul-de-sac lots of record created after January 1, 1994, lot width shall mean the minimum
required horizontal. distance between the side lot lines, measured along a straight line at
the midpoint of the front setback line.
LOT, ZONING: A single tract of land which consists of one (1) or more lots of record and
which, at the time of filing for a building permit, is designated by its owner or developer as
a tract to be used, developed or built upon as a separate unit under single ownership or
control. A zoning lot may or may not coincide with a single lot of record, but in no case
shall a zoning lot include a portion of a lof of record.
..MANUFACTURED HOME: A structure, transportable in one or more sections, which in
the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more
in length, or when erected on site, is three hundred twenty (320) or more square feet, and
which is built on a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities, and includes the
plumbing, heating, air conditioning, and electrical systems contained therein; except that
the term includes. any structure which meets all the requirements and with respect to which
the manufacturer voluntarily-files. a certification required by the Secretary of .State and.
complies with the. standards established under Minnesota Statutes, Chapter 327.
MANUFACTURED HOME PARK: Any site, lot, field, or tract of land upon which two (2)
or more occupied manufactured homes are located, either free of charge or for
compensation, and includes any building, structure, tent, vehicle, or enclosure used or
intended for use as part of the equipment of the manufactured home park.
MASSAGE THERAPY (Therapeutic): The process by which a practitioner applies
massage therapy techniques, and may apply adjunctive therapies,. with the intention of
positively. affecting the health and well being of the client. The rubbing, stroking,
kneading, tapping, positioning, causing movemen#, and applying touch and pressure to the
body. Adjunctive therapies may include (1) application of heat, cold, water, mild abrasives,
heliotherapy, topical. preparations not classified as prescription drugs, (2) the use: of
mechanical devices and tools which mimic or enhance manual actions, (3) and. instructed
self-care and stress management. Massage therapy shall .not include.#echniques
traditionally practiced by chiropractors.
2-17
•
METES AND BOUNDS DESCRIPTION: A description of real. property which is not
described by referenced to a lot or block shown on a map, but is described by starting at
a known point and describing ..the. bearings. and distances of the lines .forming the
boundaries of the property or delineating a fractional portion of a section, lot or area by
described tines or portions thereof.
MINERALS: Soil, clay, stone, sand and gravel and other similar solid. material or
substance to be mined from natural deposits.
MINING:. All or any part of the process involved in the extraction of minerals by .removing
the overburden and extracting directly from the mineral deposits thereby exposed.
MIXED MUNICIPAL SOLID. WASTE: Garbage, refuse, and other solid waste from
residential, commercial, industrial, and community activities that the generator of the waste
aggregates for collection, but .does not include auto hulks, street sweepings, ash,
construction debris, mining waste, sludges, tree and agricultural wastes, .tires, lead acid
batteries, used oil and other materials, collected, processed, and disposed of as separate
waste streams.
MODEL HOME: A home which is similar to others in a development and which is open
to public inspection for the purpose of selling said other homes.
MOTOR FREIGHT TERMINAL Truck Terminal : A buildin in which frei ht brou ht b
( ~ 9 9 9 Y
motor truck is assembled and sorted for routing in intrastate and interstate shipment.
NATURAL DRAINAGE SYSTEM: All land surface areas which by nature of their contour
configuration, collect, store and channel surface water runoff.
NON-CONFORMING STRUCTURE OR USE, ILLEGAL: A structure or use that has been.
.established in a manner that does not conform to the applicable conditions required by the
regulations in place at the time the structure or use was established.
NON.-CONFORMING STRUCTURE OR USE, LEGAL:. Any lawfully established structure
or .use which on .the effective date of this Title does not conform to the applicable
conditions if the structure or use was to be erected under the guidance of this Title.
NURSERY, WHOLESALE: An enterprise which conducts exclusively wholesale sale of
plants grown on the site to retailers and jobbers. The only accessory items allowed are
pots, potting soil, fertilizers, insecticides,. hanging baskets., rakes, shovels, and other hand..
held tools, but not including power tools or equipment such as gas or electric. lawn mowers
and. farm implements.
OBSTRUCTION (Floodplain): Any storage of material, or equipment, any dam, wall,
wharf, embankment, levee,. road, dike, pile, abutment, projection, excavation,. channel
rectification, culvert, building, wire, fence,. stockpile, refuse, fill, deposit, clearing of#rees
2-18
or vegetation,, structure or matter in, along, across, or projecting, in whole or in part, into
any floodplain.
ORDINARY .HIGH .WATER LEVEL: The boundary of public waters and wetlands, and
shall be an elevation delineating the highest water level which has been maintained for a
sufficient period of time to leave evidence upon the landscape, commonly that point where
the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For
watercourses, the ordinary high water level is the elevation of the top of the bank of the
channel.. For reservoirs and flowages, .the ordinary high water level is the operating
.elevation of the normal summer pool
OUTLOT: Aparcel of land, .included in a plat,..which is smaller thin the. minimum. size
permitted for lots and which is thereby declared unbuildable until combined through
platting with additional land;. or, a parcel of land which is included in a plat and which is at
least double the minimum size and which is thereby subject to future platting prior to
development; or a parcel of land which is included in a plat and which is designated for
public or private open space, right-of-way,. utilities or other similar purposes.
OVERBURDEN:. The earth, rock and other materials that lie above a natural deposit of
mineral.
PARKING RAMP: A structure designed and used for the storage of motor vehicles at,
below and/or above. grade.
PARKING SPACE: An area enclosed in the principal building, in an accessory building,
or unenclosed, sufficient in size to store one (1) motor vehicle, which has adequate access
to a public or private street, alley or driveway. permitting satisfactory ingress and egress
of an automobile..
PERMITTED USE: A use which may be lawfully established irr a particular district or
districts, provided it conforms with all .requirements, regulations, and performance
standards (if any) of such districts.
PERSON: An individual, firm, partnership, association, corporation, or organization of any
kind. Person also means an adult. who is handicapped by reason of mental retardation,
mental illness, chemical dependency, or physical handicap, and a child, whether
handicapped. or not, as defined by Minnesota Statutes section 245A.02, subdivision 4.
PET. SHOP: A place kept or maintained for the exhibition for sale, or sale or purchase
of live dogs, cats, rabbits or other small animals, or any birds, reptiles or fish. Pet shops
may include incidental animal grooming and adoption activities, but not animal hospitals,
veterinary clinics, or places selling live bait for fishing..
.
2-19
PLANNED .UNIT DEVELOPMENT:. A zoning designation which allows a mixing of
buildings and uses which cannot be otherwise addressed under this Title, and/or whereby
internal site design standard deviations from this section may be allowed to improve site
design and operation.
PLANNING COMMISSION:. The Lakeville Planning Commission.
PRINCIPAL USE/BUILDING: The main use of land or buildings as distinguished from
subordinate. or accessory uses. A "principal use" may be either permitted, interim,..
.conditional, or allowed by administrative permit.
PUBLIC USES: Uses owned or operated by Municipal, school districts, County,. State,
or other governmental units.
PUBLIC WATERS: Any. "public waters" as defined. in Minnesota Statutes section
103G.005, subdivision 15.
A. Public Waters, General Development: Those waters whose shores are generally
characterized by medium density residential development with or withoutlimited
service-oriented commercial. development.
B. Public Waters, Natural Environment: Generally small, often shallow lakes with
limited capacities for assimilating the impacts of development and recreational use.
They often have adjacent lands v?ith substantial constraints for development such
as high water tables, exposed .bedrock,. and unsuitable soils. These lakes,
particularly in rural areas, usually do not have much existing development or
recreational use.
C. Public Waters, Recreational`Development: Generally medium-sized lakes of varying
depths and shapes with a variety of landform, soil and groundwater situations on
the lands around them. They often are. characterized by moderate levels of
recreational use and .existing development. Development .consists mainly of
seasonal and year-round residences and recreational-oriented commercial uses.
Many. of these lakes have capacities for accommodating additional development
and use.
D. Public Waters, Tributary Rivers: Segments consisting of watercourses mapped in
the Protected Waters Inventory that have .not been assigned -one of the river
classes. These segments have a wide variety of existing land and recreational use
characteristics. The segments have considerable potential for additional
development and recreational use, particularly those located near roads and cities.
2-20
PUBLICATION: Notice placed in the official City newspaper stating time,. location and
date of meeting and description of he topic.
RECREATION, .FIELD OR BUILDING: An area of land, water, or any building in which
amusement, recreation or athletic sports are .provided for public or semi-public -use,
whether temporary or permanent, except- a theater, whether provision is made for the
accommodation of an assembly or not. A golf course; 'arena, baseball park, stadium, or
gymnasium is a recreation field or building for the purpose of this Title.
RECREATIONAL CAMPING AREA:. Any area, whether privately or publicly owned, used
on a daily, nightly, weekly, or longer basis for the accommodation of tents or recreational
camping vehicles free of charge or for compensation.
RECREATIONAL VEHICLE AND EQUIPMENT: Includes, but is not limited to operable
and licensed, as required by the State, travel trailers; chassis mounted campers, motor
homes, tent trailers, slide-in campers, airplanes., and converted buses; snowmobiles and .
trailers, boats/water craft and trailers, all terrain vehicles, motorcycles and utility trailers.
A fish house, .boat, .snowmobile or other recreational vehicle when stored or kept on a
trailer shall be considered as one recreational. vehicle. A recreational vehicle does not
include a motor vehicle designed or used for off-road racing, off-road use or demolition
derby.
RECYCLABLE MATERIAL: Materials that can be readily separated from mixed Municipal
solid waste for the purpose of recycling, including but not. limited to paper, glass, plastics,
metals, automobile oil and batteries. Recyclable materials that have .been separated from
the waste. stream, processed, and sold or given away for reuse are no longer considered
waste.
RELLGIOUS INSTITUTION:. A building, together with its accessory buildings and use,
where persons regularly assemble for religious purposes and related social events and
which building is maintained and: controlled by a religious.. body organized to sustain
religious ceremonies and purposes.
RESIDENTIAL FACILITY, STATE LICENSED: Any program, defined by Minnesota
Statutes Section 245A.10, Subd. 14, that :provides twenty-four (24) hour a day care,
supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment
outside a person's own home, including a nursing home or hospital that receives public
funds, administered by the Commissioner of the Department of Human Services to provide
services for five (5) ormore persons whose primary diagnosis is mental retardation or a
'related, condition or mental illness and who do not have a significant physical or medical
problem that necessitates nursing home care; a program in an intermediate care facility
for four (4) or more persons with mental retardation or a related condition;. a nursing home
or hospital that was licensed by the :Commissioner of the Department.. of Human .Services
on July 1, 1987, to provide a program for persons with a physical handicap thatis not the
result of the normal aging process and considered to be a chronic condition; and'chemical
dependency or chemical abuse programs that are located in a hospital or nursing home
2-21
and receive public funds for providing chemical abuse or chemical. dependency treatment
services under Minnesota Statutes 2548. Residential programs include home and
community-based services for .persons with. mental retardation or a related: condition that
are provided in or outside ofia person's own home.
RESIDENTIAL SHELTER: A#acility providing short-term housing, food, and protection
for individuals, not including State "licensed .residential care facilities, community
correctional facilities, day care facilities, hotels, motels, or nursing homes..
ROOF LINE: That .line at which an exterior` wall surface of a building departs from the
vertical plane and, typically, where the horizontal plane of the roof commences. Mansard-
like roof treatments may be .considered as extensions of a building wall surface when the
mansard-like treatment is considered as part of the roof.
SCHOOL:. A building used for the purpose of elementary or secondary education,. which
meets all the requirements of compulsory education laws.. of the State of Minnesota, and
not providing residential accommodations.
SCHOOL,. PRIVATE: Any building or group of buildings, not operated by a public agency
or unit of government, the-use of which meets compulsory education Laws of the State of
Minnesota, for elementary school, middle school (junior high school), secondary (senior-
high school), or higher education and which use does not secure the major part of its
funding directly from any governmental source.
SCHOOL, PUBLIC: Any building or group of buildings, the use of which meets
compulsory education laws of the State of Minnesota, for elementary school, middle. school
(junior high school), secondary (senior high .school), or .higher education. and-which
secures all or the major part of its funding from governmental sources and is operated_by
a public agency or governmental unit.
SECONDARY USE: A use of land or of a building or a portion thereof which is
subordinate to and does not constitute the primary use of the land or building:
SENSITIVE RESOURCE MANAGEMENT: The preservation and management of areas
unsuitable for development in their natural state. due to constraints such as shallow soils
over ground water or .bedrock, highly erosive or .expansive soils, steep slopes,
susceptibility to#looding, or occurrence of flora or fauna in need of special protection.
SETBACK: The minimum horizontal distance between a structure and lot line, ordinary
high water mark, or right-of-way easement. Distances are to be measured from the most
oufinrardly extended portion of the structure at ground level, except as provided hereinafter.
2-22
SEXUALLY ORIENTED ACTIVITIES, RELATED TERMS:
A. Sexually Oriented Uses: Uses which include adult bookstores, adult motion picture
theaters, adult mini-motion picture theaters, adult massage parlors, adult steam
room/bathhouse/sauna facilities, adult companionship. establishments, adult
rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty
businesses, adult .motion- picture arcades, adult .modeling studios, adult
hotels/motels, adult body painting studios; and other premises, enterprises,
establishments, businesses or places open to some or all members of the :public,
at or in which there is an emphasis on the presentation, display, depiction or
description of "specified sexual activities" or "specified anatomical areas" which are
capable of being seen by members of the public. Activities classified as "obscene"
as defined by Minnesota Statutes, section 61.7.241 are not included.
1. Specified Anatomical Area: Human genitals in a state of sexual arousal.
2.. Specified Sexual Activities: Includes any of the following:
a. The fondling or other. erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts;
b. Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy;
c. Masturbation, actual or simulated; or
d. Excretory functions as part of or in connection with any of the.
activities set forth in<subsection B1 through 3 above.
B. Sexually Oriented Uses, Accessory: The offering of retail goods for safe which are
classified as sexually oriented uses. on a limited scale and which are incidental to
the primary activity and goods and/or services offered by the establishment.
Examples of such items include the sale of adult magazines, the sale and/or rental
of adult motion pictures, the sale of adult novelties, and the like.
C. Sexually. Oriented Uses, Principal: The offering of goods and/or services which are
classified as sexually oriented uses as a .primary or sole activity of a business. or
establishment and. include but are not limited to the following:
1. Escort: A -person who,. for consideration, agrees or offers to act as a
companion, guide or date for another person, or who agrees or offers to
privately model lingerie or to privately perform a striptease for another.
person.
2-23
2. Escort Agency: A person or business association who furnishes, .offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes, for a fee, tip, or other consideration.
3. Establishment: Means and includes any of the following:
a. The opening or commencement of any sexually oriented business as
anew business;
b. The conversion of an existing business, whether or not a sexually
oriented .business, to any sexually oriented business;
c. The addition of any sexually oriented business to any other existing
sexually oriented business;. or
d. The relocation of any sexually oriented business.
4. Nude Model Studio: Any place where a person who appears in a state of
nudity or displays "specified anatomical area" is provided to be observed,
.sketched, drawn,. painted, sculptured, photographed, or similarly depicted by
other persons who pay money or any form of consideration.
5. Nudity Or State Of Nudity: Nudity or state of nudity is described as follows:
a. The appearance of a human bare buttock, anus, male genitals,
female genitals, or female breast; or
b. A state of dress which fails to opaquely cover a human buttock, anus,
male genitals, female genitals, or areola of the female breast.
6. Semi-Nude: A state of dress in which clothing covers no more Phan the
genitals, pubic region, and areolae of the female breast, as well as portions
of the body covered by supporting straps or devices.
7. Sexual Encounter Center: A business or commercial enterprise that, as one
of its primary business purposes, offers. for any form. of consideration:
a. Physical contact in the form of wrestling or tumbling. between persons
of the opposite sex; or
b. Activities between male and female persons and/or persons of the
.same sex when one or more of the persons is in a state. of nudity or
semi-nude.
2-24
8. Sexually Oriented .Arcade: Any place to which .the public is permitted or
invited wherein coin-operated or slug~perated or electronically, electrically,.
or mechanically ..controlled still or motion .picture machines,- projectors,. or
other image-producing devices are maintained to show images to five (5) or
fewer persons per machine at any one time, and where the images so
displayed are distinguished or characterized by the depicting or describing
of "specified sexual activities" or "specified anatomical areas".
a. Sexually Oriented Bookstore, Sexually Oriented Video Store, Or
Sexually Oriented. Store:. A commercial establishment which as a
principal business purpose. offers for sale or rental for any form of
consideration any one or more the following:
(1) Books, magazines,. periodicals or .other printed .matter, or
photographs, films, motion pictures, video cassettes or video.
reproductions, compact .discs, computer software, digital
recordings, slides, or other visual representations which depict
or describe "specified sexual activities" or '"specified
anatomical areas' ; or-
b. Jnstruments, devices, or paraphernalia which are designed for use in
connection with "specified sexual activities".
9. Sexually Oriented .Cabaret: A nightclub,. bar, restaurant., or similar
commercial establishment which regularly features:.
a: Persons who appear in a state of nudity; or
b. Live performances which are characterized. by the exposure' of
"specified anatomical areas" or by "specified sexual activities"; or
c. Films, motion pictures, video cassettes, slides, compact .discs,
computer software, digital recordings or other, photographic.
reproductions which are characterized by the depiction or description
of "specified sexual activities" or "specified anatomical areas".
10. Sexually. Oriented Conversation/Rap Parlor; Aconversation/rap parlor which
excludes minors by reason of age, or which provides the service of engaging
in or listening to conversation, talk, or discussion between an employee of
the establishment and a customer, if such service is distinguished or
characterized by an emphasis on "specified sexual activities" or "specified
.anatomical areas".
11. Sexually Oriented. Massage Parlor: A massage parlor which excludes minors
by reasons of age, or which provides for any form of consideration,..the
rubbing, stroking, kneading, tapping, or rolling of the body, if the service
2 25
provided by the massage parlor is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical areas".
12. Sexually Oriented Motel: A hotel, motel or similar commercial establishment
which:
a. Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides, or other photographic
reproductions which. are characterized by the depiction or description
of "specified sexually activities" or "specified anatomical areas" and
has a sign visible from the public right of way which advertises the
availability of this adult type of photographic reproductions;. or
b. Offers a sleeping room for rent for a period of time. that is less than
ten (10) hours; or
c. Allows a tenant or occupant of a sleeping room. to sub-rent the room
for a period of time that is less than ten (10) hours.
13. Sexually. Oriented Motion Picture Theater: A commercial establishment
where, for any form of .consideration, films, motion pictures, video cassettes,
slides, or similar photographic reproductions. are regularly shown which are
characterized by the depiction or description of "specified sexual activities"
or "specified anatomical areas".
14. Sexually Oriented Sauna: A sauna which excludes minors by reason of age,
or which provides for any form of consideration, a steam .bath. or heated
bathing room used for thepurpose of bathing, relaxing, or reducing agent,
if the service provided by the sauna is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical areas".
15. Sexually Oriented Theater: A theater, concert hall, auditorium, or similar
commercial establishment which regularly features persons. who appear. in
a state of .nudity or live performances which are characterized by the
exposure of "specified anatomical areas" or by "specified sexual activities".
SHORE IMPACTZONE: Land located. between the ordinary high water level. of a public
water and a line parallel to it at a setback of fifty (50) percent of the structure setback.
SIGN: The use: of any words, numerals, figures, devices, or trademarks by which
anything. is made known such as are used to show an individual, firm, profession,. product,
or business, and are visible to the general public. .
2-26
SLOPE: The degree of deviation of a surface from the horizontal, usually, expressed in
percent or degrees.
SOUTH CREEK STORMWATER DISTRICT: Watershed of South Creek as defined in
the Lakeville Comprehensive Stormwater Management Plan.
SOUTH CREEK STREAM CHANNEL: The primary flow channel of streams designated
as Minnesota Department of Natural Resource Public Waters within the South Creek.
Stormwater District.
STEEP SLOPE: Land where agricultural activity or development is either not
recommended or described as poorly suited due to slope steepness and the site's soil;
characteristics, as mapped .and described in .available County soil surveys.. or other
technical reports, unless appropriate design and construction techniques and farming
practices are used in accordance with the provisions of this Title. Where specific
information is not available, steep slopes are lands having average slopes over twelve (12)
percent, as measured over horizontal distances of fifty (50) feet or more, that are not
bluffs.
STORAGE, OUTDOOR: Storage of any property not fully enclosed in a building or
completely screened so as not to be visible from adjoining properties or street rights of
way.
STORY:. The portion of a building including beneath the .upper surface of a floor and
upper surface of floor next above, except that the top-most story shall be that portion of a
building .included between the upper surface of the top-most floor. and the ceiling or roof
above. If the finished floor level directly above a basement or cellar, or unfinished
underfloor space is more than six.(6) feet above "grade"_as definedherein for more than
fifty (50} percent of the total perimeter or is more than twelve (12) feet above "grade" as
defined herein at any point, such basement, cellar, or unused underfloor space shall be
considered a story..
STREET, FRONTAGE: The proximity of a parcel of land to one or more streets. An
interior lot has one street frontage and corner lots and through lots have two (2) frontages.
STRUCTURE:. Anything which is built, constructed or erected; an edifice or building of
any kind; or any piece of work artificially built up and/or composed of parts joined. together
in some definite manner whether temporary or permanent in character.
SURFACE WATER-ORIENTED COMMERCIAL USE: The use of land for commercial.
purposes, where access to and use of a surface water feature is an integral part of the
normal conduct of business. Marinas, resorts, -.and restaurants with transient docking
facilities are examples of such use.
2-27
TATTOO, TATTOOING: Any method of placing designs, letters, scrolls, figures, symbols
or any othermark upon, under or in the skin with ink or any other substance resulting in
the coloration of the skin by the aid of needles or any other instruments which puncture
any portion of the skin to any degree.
TEMPORARY. COMMERCIAL STRUCTURE: A structure used on a temporary basis #or
an occupation, employment, or enterprise that is carried on by the owner, lessee, or
licensee.
TEMPORARY STRUCTURE: A structure not permanently erected on a site with a
foundation that is used for emergency purposes or used on a construction site for offices
and equipment storage during. construction of a permanent structure.
TRAILER, SEMI-TRACTOR: A trailer with a set or sets of wheels at the rear only, which.
may be supported in front by a truck, tractor or towing vehicle, and which is used for the
purpose of, but not limited to, storage,. transportation of freight, or holding freight for sale.
or lease.
TRANSIT STATION:. A building or area which serves as a regular stopping place fore
buses and/or other forms of urban public transportation.
TRANSMISSION LINE: Those high capacity conductors generally rated 115 kilovolts and
above and associated structures which are used to carry electricity from points of
generation to distribution points such as substations. and. distribution lines.
TRUCK STOP: Any building, premises or land in which or upon which a business, service
or industry involving the maintenance, cleaning, servicing, storage or repair of commercial
vehicles is conducted including the dispensing of motor fuel, the sale of accessories or
equipment for trucks and imilar commercial. vehicles. A truck stop may also. include
overnight accommodations, restaurant facilities, a car wash and truck wash or other
ancillary uses.
UNDUE HARDSHIP: The same as that term is defined in Minnesota Statutes; Chapter
462.357, as maybe amended, meaning that the property in question cannot be put to a
reasonable use if used under the conditions allowed by this Title,. the plight of the
Landowner is due to circumstances unique to the property not caused by the landowner
and a variance, if granted, shall not alter the character of the locality. Economic
considerations alone shall not constitute an undue hardship if a reasonable use of the
property-exists under,the terms of this Title. Undue hardship may also include inadequate
access to direct sunlight for solar energy systems.
USABLE OPEN SPACE: A required ground area or terrace area on a lot which is graded,
developed, landscaped and/or equipped,. and which is intended and maintained for either
active or passive recreation or both, .available and accessible to and usable by atl persons
occupying a dwelling on the lot or a development project and their guests. Such .areas
shall be grassed and landscaped or covered only for recreational purposes. Roofs,
2-28
driveways, and parking areas shall not constitute usable open space.. Required front and
side yards shall be excluded from the usable open space area calculation.
USE: The purpose or activity for which the land or building thereon is designated,
arranged, or intended or for which it is occupied, utilized or maintained, and shall include
the performance of such activity as defined by the performance standards of this Title.
VARIANCE: A modification of or variation from the provisions of this Chapter consistent
with the State enabling statute for municipalities, as applied. to a specific property and
granted pursuant to the standards and procedures of this Chapter, except that a Variance
shall not be used for modification of the allowable uses within a district and shall not allow
uses that are prohibited.
VEGETATION.: The sum total of plant life in some area; or a plant community. with
distinguishable characteristics..
VERTEX: The corner point of a triangle, rectangle, or other geometric figure bounded by
lines.
VETERINARY CLINIC: A clinic operated by a licensed veterinarian exclusively for the
diagnosis, treatment, correction, relief, or prevention of animal disease, deformity, defect,
injury, or other physical or mental conditions; the .performance of obstetrical procedures
for animals,. including determination of pregnancy and correction of sterility or infertility;
and the rendering of advice_or recommendations with regard to any of the above..
WASTE: Infectious waste, nuclear waste, pathological waste, sewage sludge, solid waste,
and hazardous waste.
WASTE FACILITY: Property. used for the accumdlation, storage, processing, or disposal
of waste.
WASTE, HAZARDOUS: Any refuse, sludge,.. or other waste material or combination of
refuse, sludge, or other waste materials in solid, semi-solid, liquid, or contained gaseous
form which because of its quantity, concentration.,. or chemical, physical, or infectious
characteristics may:
A. Cause or significantly contribute to an increase in mortality or an increase in
serious or irreversible, or incapacitating reversible illness; or
B. Pose a substantial present or potential hazard to human health or the environment
when not properly treated, stored,... or transported, or disposed of, or otherwise
managed. Categories of hazardous waste materials include, but are not limited to:
explosives,. flammable, oxidizers, poisons, irritants, and corrosives... Hazardous
waste does not include source, special nuclear, or byproduct material as defined
by the Atomic Energy Act of 1954, as amended.
2-29
WASTE, INFECTIOUS: Laboratory waste, blood, regulated body fluids, sharps, and
research animal waste that have not been decontaminated.
WASTE, PATHOLOGICAL: Human tissue and body parts removed accidentally or during
surgery or autopsy`intended for dsposaC Pathological waste does not include teeth.
WATER BODY: A body of water (lake, pond) or a depression of land or expanded part
of a river, or an .enclosed basin that holds water and is surrounded by land.
WATERCOURSE: A channel or depression through which water flows year-round or
intermittently, such as rivers, streams, or creeks..
WETLANDS.:
A. Hydric Soils: Soils that are saturated, flooded, or ponded long enough during the
growing season to develop anaerobic conditions in the. upper part.
B. Hydrophytic Vegetation: Macrophytic plant life growing in water, soil or on a
substrate that is at least periodically deficient in oxygen as a result of excessive
water content.
C. Wetlands:. Lands transitional between terrestrial and aquatic systems where the
water. table is usually at or 'near the sur face or the land is covered by shallow
water. For purposes of this Title, wetlands must have the,-following three. attributes:
1. .Have a predominance. of hydric soils.
2. Are inundated or saturated by surface or ground water at a frequency.. and
duration sufficient to support a prevalence of hydrophytic vegetation typically
adapted for life in saturated soil conditions.
3. Under normal circumstances, support a prevalence of such vegetation.
WIND ENERGY CONVERSION SYSTEM (WECS): Any device that is designed to
convert wind power to another form of energy such as electricity or heat (also referred to
by such common names as wind charger, wind turbine and windmill),
YARD: Any open space on the same lot with a building,. unoccupied and unobstructed by
any portion of a structure from the ground upward, except as otherwise provided. herein.
In measuring a .yard for the purpose of determining the width of a side yard, the mean
.horizontal distance between the lot line and the main building shall be used except in the
case of a lot containing or adjacent to all or a portion of a wetland, in which case the
distance between the nearest edge. of the wetland and the main building shall be as
provided by Section 11-16-9 of this Title.
2-30
YARD, FRONT: The area extending along the full length of a front lot line between side
lot lines and to the depth required in the yard regulations for the district in which it is
located.. In the case of a corner lot. abutting one or more streets, both yards shall be
considered front yards.
YARD, REAR: A yard extending across the full width of the lot lying between the rear lot
line of the lot and"the nearest line of the principal building.
:YARD, REQUIRED: That distance specified in the yard requirements pertaining to
setbacks. Setbacks and required yards are used interchangeably.
YARD, SIDE: A yard between the side line of the lot. and the nearest line of the principal
building and extending from the front lot line of the lot to the rear yard.
ZONING ADMINISTRATOR: The person designated by the City Administratorto be the
Zoning Administrator for the City of Lakeville.
ZONING DISTRICT: An area or areas of the City (as delineated on the Zoning Map) set
aside for specific uses with specific regulations and provisions for use and development
as defined by this Title.
ZONING DISTRICT OVERLAY: A zoning district containing regulations uperimposed
upon other zoning district regulations and superseding the underlying zoning district use
regulations.
ZONING DISTRICT UNDERLYING.{BASE: All zoning districts except overlay zoning
districts.
ZONING MAP: The map or maps incorporated into this Title as part thereof, designating.....
the zoning districts.
2-31
CHAPTER 3
ADMINISTRATION -AMENDMENT
SECTION:
11-3-1: Amendments, Initiation
11-3-3: Procedure
11-3-5: Certification of Taxes Paid
11-3-1: AMENDMENTS, INITIATION:. The City Council or Planning Commission
may,. upon theirown motion, initiate a request to amend the text or the district boundaries
of this Title. The procedural requirements of this Section shall not apply to such proposed
amendments except to the extent required by .State Statute. Any person owning real estate
within the City may initiate a request to amend the district boundaries or text of this Title
so as to affect the said real estate..
11-3-3:. PROCEDURE:. Pursuant to Minnesota Statutes 15.99, an application for an
amendment shall be approved or denied within sixty (60) days from the date of its official
.and complete submission unless extended by the City pursuant to Statute or a time waiver
is granted by the applicant. Additional City requirements are. as follows:
A. Request for rezonings (text and map amendments) shall be filed with the Zoning
Administrator on an official application form. Such application shall be
accompanied by a feeas provided by City Council resolution. Unless modified by
the Zoning Administrator, such application-shall also be accompanied by fifteen
(15) copies of detailed written and graphic materials fully explaining the, proposed
change., development, or use and. a list of property owners located within five
hundred (500) feet of the subject property obtained from and certified by an abstract
company. The request shall be considered as being officially submitted when all
the information .requirements are complied with as determined by the .Zoning
Administrator. In cases when an application is judged to be incomplete, the Zoning
Administrator shall notify the applicant, in writing, within ten (10) days from the date
of submission.
B. Upon receipt of a complete application, as determined by staff review, and following
preliminary: staff analysis of the application and request, the City Clerk, when
appropriate, shall seta .public. hearing following proper hearing notification. The.
Planning Commission shall conduct the hearing, report its findings and make
recommendations to the City Council Notice of said hearing shall consist of a legal
property description, description of request and a general description of the
propertylocation, and be published in the official newspaper at least ten (10) days
prior to the hearing. Written notification of said hearing shall be mailed at least ten
(10) days prior to all. owners of land within five hundred (500) feet of the boundary
of the. property in question, if notification is required by State Statute.
3-1
C. Failure of a property owner to receive said notice shall not invalidate any such
proceedings as set forth within this Title.
D. The Zoning Administrator shall instruct the appropriate staff persons to prepare
technical reports where appropriate, and provide general assistance in preparing
a recommendation of action to the City Council.
E. The Planning Commission shall consider possible effects of the proposed
amendment.. Its judgement. shall be based upon, but not limited to, the following
factors:
1. The proposed action has been considered in relation to the specific policies
and provisions of and has been found to be consistent with the official City
Comprehensive Plan.
2. The proposed use is or will be compatible with present and future. land uses.
of the area..
3. The proposed use conforms with all performance standards contained herein
and the City Code.
4: The proposed use can be accommodated with existing public services and
will not overburden the City's service capacity.
5. Traffic .generation by the proposed use is within capabilities of streets
serving the property.
F. The Planning Commission and City staff shall have the authority to request
additional information from the applicant concerning operational factors or to retain
expert testimony with the consent and at the expense of the applicant concerning
operational factors. Said information is to be declared necessary to establish
performance conditions in relation to all pertinent sections of this Title. Failure on
the part of .the applicant to apply all necessary supportive information may be
grounds for denial of the request.
G. Unless excused by the.: Planning Commission Chair, he applicant or a
representative thereof shall appear before the Planning Commission in order to
answer. questions concerning the proposed request.
H. The Planning Commission shall, as appropriate, make findings of factand shall
.recommend. approval or denial of the request. Such. recommendation shall be
accompanied by the report and recommendation of the City staff.
I. The City Council shall not act .upon an amendment until the Planning .Commission
has held a public hearing on the request, The -City Council shall act upon the
amendment within sixty (60) .days from the date of submission of a complete
3-2
application,. unless an extension has been provided, pursuant to Minnesota Statutes
15.99.
J. Upon receiving the report and recommendation of the Planning Commission and
the City staff, the City Council shall have the option to set and hold a public hearing
if deemed necessary.
K. Subject to limitations of Minnesota Statutes 15.99, if, upon. receiving said reports
and recommendations of the .Planning Commission and .City staff, the City Council
finds that specific inconsistencies exist in the review process and thus the final
recommendation of the City. Council may differ from that of the Planning
Commission, the City Council may, before taking final action, refer the matter back
to the Planning Commission for further consideration. The City Council shall
provide the. Planning Commission with a written statement detailing .the specific
..reasons for referral This procedure shall be followed only .one (1) ime on a
singular action.
L. Approval of a proposed amendment shall require passage by afour-fifths (4I5) vote
of the entire City Council
M. The amendment. shall not become effective until such time as the City Council
approves an ordinance reflecting said amendment.
N. Whenever an application for an amendment has been considered and denied by
the City Council, a similar application for the amendment. affecting substantially the
same property shall not be considered again by the Planning Commission or City
Council for at least six (6) months from the .date of .its denial; and a .subsequent
:.application affecting .substantially the same property shall likewise not be
considered again by the Planning Commission or City Council for an additional six
(6) months from the date of the second denial unless a decision to reconsider such
matter is made by not less than four-fifths ('/5) vote of the full City Council
11-3-5: CERTIFICATION. OF TAXES PAID: Prior to approving an application for
rezoning, the applicant shati pr®vide certification to the City that there are no delinquent
.property taxes, special assessments,. interest, or City utility fees due upon the parcel of
land to which the rezoning. application relates.
3-3
CHAPTER 4
ADMINISTRATION -CONDITIONAL USE PERMITS
SECTION:
11-4-1: Purpose
11-4-3: Procedure.
11-4-5: Information Requirement
11-4-7: General Performance Standards
11-4-9: Revocation
11-4-11: Permit Modifications
11-4-13: Expiration
11-4-15: Site Improvement Performance Agreement and Financial Guarantee
11-4-17: Certification of Taxes Paid
11-4-1: PURPOSE: The purpose of a conditional use permit is to provide the City
with a reasonable degree of discretion. in determining the suitability of certain designated
uses-upon the general welfare, public health and safety. In making this determination,
whether or not the conditional use is to be allowed; the City may consider the nature of the
adjoining land or buildings, the effect upon traffic into and from the premises, or on any
adjoining roads, and all other or further factors as the City shall deem a prerequisite of
consideration in determining the effect of the use on the general welfare; public health and
safety.
11-4-3: PROCEDURE: Pursuant to Minnesota Statutes 15.99, an application for a
conditional use permit shall be approved or denied within sixty (60) days from the date of
its official and complete submission unless extended by the City pursuant to .Statute or a
time waiver is granted by the applicant. Additional City requirements are as follows:.
A. Request for conditional use permits, as provided within this Title, shall be filed with
the Zoning Administrator on an official application form. Unless modified. by the
Zoning Administrator, such application'shall be accompanied by a fee as provided
for by City Council resolution. Such application shall also be'accompanied byfiifteen
(15) copies of detailed written and graphic materials fully explaining the proposed
change, development, or use. and. a list of property owners located within .five
hundred (500) feet of the subject property. Said listing shall be obtained from and
certified by an abstract company. The request shall be considered as being
officially submitted when all the information requirements are satisfied. In cases
where an application is judged to be incomplete, the Zoning Administrator shall.
notify the applicant, in writing, within ten (10) days`of the date of submission.
4-1
B. Upon receipt of said application, the City Clerk shall set a public hearing following
proper hearing notification. The Planning Commission shall conduct the hearing,
report its findings and make recommendations to the City Council. Notice of said
hearing shall consist of a legal property description, description of request and
property location, and be published in the official newspaper at least ten (10)-days
prior to the hearing. Written notification of said hearing shall be mailed at least ten
(10) days prior to all owners of land-within five..hundred (500) feet of the boundary
of the property in question.
C. Failure of a .property. owner to receive said notice shall not invalidate any such
proceedings as set forth within this Title.
D. The Zoning Administrator shall. instruct the appropriate staff persons to prepare
technical reports where appropriate, and: provide general .assistance in: preparing
a recommendation on the action to the City Council
E. The Planning .Commission shall consider possible- effects of the ,proposed
:amendment. Its judgement shall be based upon, but not limited to, the following
factors:
1. The proposed action has been considered in relation to the specific policies
and provisions of and has been found to be consistentwith the official City
Comprehensive Plan.
2. The proposed use is or will be compatible with present and future land uses
of the area.
3. The. proposed use conforms with all performance standards contained herein
and the City Code.
4. The proposed use can be accommodated with existing public services and
will not overburden the City's service capacity.
5. Traffic generation by the proposed use is within capabilities of streets
serving the property.
F. The Planning.. Commission and City staff shall have the authority to request
additional .information from the applicant concerning operational factors or to retain.
expert testimony with the consent and at the expense of the applicant concerning
operational factors.. Said information is to be .declared necessary to establish
performance conditions in relation to all pertinent sections-of this Title. Failure on
the part of the applicant tosupply all necessary supportive information may be`
grounds for denial of the request.
G. Unless:. excused by the Planning Commission Chair, the applicant or ~a
representative. thereofshall appear before the Planning Commission in order..to
answer questions concerning the proposed. request.
4-2
H. The Planning Commission shall make findings of fact and recommend such actions
or conditions relating to the request as they deem necessary to carry out the intent
and purpose of the Title. Such recommendation shall be in writing and
accompanied by the reporf and recommendation of the City staff, and shall be
entered in and-made part of the permanent written record of the City Council.
meeting.
L The City Council shall not grant a conditional use permit until the .Planning
Commission has held a public hearing on the request. The City Council shall act
upon the conditional use permit within sixty (60) days from the date of submission
of a .complete application, unless an extension has been provided,.. pursuant to
Minnesota Statutes 15.99.
J. Upon receiving the report and recommendation of the Planning Commission and
the City staff, the City Council. shall have the option to sef and hold a public hearing
if deemed necessary, shall .make recorded findings: of fact and may impose any
condition it considers necessary to protect the public health, safety and welfare.
K. Subject to limitations of Minnesota Statutes 15.99, if, upon receiving said report
and recommendations of the. Planning Commission and City staff, the City Council
finds that specific inconsistencies exist in the review process and thus the final
recommendation of the City Council may differ from that:. of the Planning.
Commission, the City. Council may, before taking final action, refer the matter back
to the Planning Commission for further consideration. The City Council shall
provide the Planning Commission with a written statement detailing the specific
reasons for referral. This procedure shall be followed. only one (1) time on a
singular action.
L. Approval of a request shall require passage by afour-fifths (4/5) vote of the entire
City Council.
M. Whenever an application for a conditional use permit has been considered .and
denied by the City Council, a similar application for the conditional use permit
.:affecting substantially .the same property shall not be considered again by the
Planning. Commission or City Council for at least six (6) months from the date of its
denial; and a subsequent application affecting substantially the same property shall
Likewise not be considered. again by the Planning Commission or City Council for
an additional six (6) months from .the date of the second denial unless a decision
to reconsider such matter is made by not less than four-fifths (4/5) vote of the full
City Council.
11-4-5: INFORMATION REQUIREMENT: The information required for all
conditional use permit applications shall be as specified in Section 11-9-13 of this Title.
4-3
11-4-7: GENERAL PERFORMANCE STANDARDS: As may. be applicable, the
evaluation of any proposed conditional use permit request shall be subject to and include,
but not be limited to, the following general pertormance standards and criteria:
A. The use and the site in question shall be served by a street of sufficient capacity
to accommodate the type and volume ofi traffic which would be generated and
adequate right-of-way shall be provided.
B. The site design for access and parking shall. minimize internal as well as external
traffic conflicts and shall be in compliance with Chapter 19 of this Title.
C. Jf applicable, a pedestrian circulation system shall be clearly defined and
appropriate provisions made to protect such areas from encroachment by parked
or moving vehicles.
D. Adequate off-street parking and off-street. loading shall be provided in compliance
with Chapters 19 and 20 of this Title.
E. Loading areas and drive-up facilities shall. be positioned sous to minimize .internal .
site access problems: and. maneuvering conflicts, to avoid visual or noise impacts
on any "adjacent" residential use or district, and provided in compliance with
.Chapter 20 of this Title..
F. Whenever anon-residential use "is ad~acent to" a residential use or district a buffer
1 ,
area with screening and landscaping shall be provided in compliance with Chapter
21 of this Title.
G. General site screening.. and landscaping .shall be provided in compliance with
Chapter 21 of this Title.
H. All .exterior lighting shall be so directed so as .not to cast glare toward or onto the.
public right-of-way or neighboring residential uses or districts, and shall be in
compliance with Section 11-16-17 of this Title.
L Potential exterior noise generated by the use shall be identifiedand mitigation
.measures as may be necessary shall be imposed to insure compliance with Section
11-16-25 of this Title.
J. The. site drainage system shall be subject to the review and approval of the City
Engineer..
K. The architectural appearance and functional design of the building and site shall
not be so dissimilar to the existing or potential buildings and area so as to cause
a blighting influence. All sides of the principal and accessory structures. are. to have
essentially the .same or coordinated,, harmonious exterior finish materials and..
treatment.
4-4
L. Provisions shall be made: for daily litter control, an interior location for recycling,
and trash handling and storage or an outdoor, enclosed receptacle area shall be
provided in compliance with Section 11-18-11 of this Title.
M. All signs and informational or visual communication devices shall be in compliance.
with Chapter 23 of this Title.
N. The use and site shall be in compliance with any federal, state or county law or
.regulation that are .applicable and any related permits shall be obtained and
documented to the City.
O. Any applicable. business licenses mandated by City Code are approved and
.obtained.
P. The hours of operation may be restricted when where is judged to be an
incompatibility with a residential use or district.
Q. The use complies with all applicable performance standards of the zoning district
in which ` it is .located and where applicable, any non-conformities. shall be
eliminated.
R. ..Additional Stipulations. All conditions pertaining to a specific site are subject to
change when the Council, upon investigation in relation to a formal request, finds
that the general welfare and public betterment can be served as well or better by
modifying or expanding the conditions set forth herein.
11-4-9: REVOCATION: The Planning Commission may recommend, and the Gity-
Council may direct, the revocation of any conditional use permit for cause upon
determination that the authorized conditional use is not in conformance with the. conditions
of the permit or is in continued violation of this Title, City Codes, or other applicable
regulations, The City Council or Planning Commission shall initiate an application and the
Zoning Administrator shall notify the responsible person that they have an opportunity to
show cause why the permit should not be revoked. The application shall be processed
and considered pursuant to Section 11-4-3 of this Title. The Zoning Administrator shall
provide the responsible person a copy of the proceedings and findings of the Planning
Commission and City Council..
11-4-11: PERMiT MODIFICATIONS: Holders of a conditional use permit may propose
modifications to the permit at any time.: No changes in the approved.plans or scope of the
conditional use shall, however, be undertaken :without prior approval of those changes by
.the Ci#y: Proposed permit modifications shall be classified as major or minor, as
determined by the Zoning Administrator. Major permit modifications may include, but. shall
not be limited to, .hours of operation, number of employees, expansion of structures and/or
4-5
premises, operational. modifications resulting in increased traffic, and the like. Permit
modifications shall be further subject to and processed as follows:
A. Minor Permit Modifications.
1. Additional Qualifications. 1n addition to other considerations noted above,
minor permit modifications shall meet the following criteria:
a. Sites shall be in non-residential zoning districts, .and shall not abut
any residential zoned property.
b. All sites must be in the urban service. area as defined by the
Comprehensive Plan.
c. All sites must be legal parcels of record at the time of applicatfon.
d. All applications for permit modification shall be complete and in full
accordance. with the :requirements of Section 11-9-13 of this Title. All
applicable fees shall be paid.
e. All permit modification proposals shall meet or exceed the standards
of all applicable codes, ordinances, and policies and shall be free of
any major variances from those standards.
f. Only applications for pre-existing, pre-approved uses explicitly
classified as conditional uses within the respective .zoning districts.. of
..this Title are eligible foradministrative approval.
2. Procedure. Administrative approval of minor permit modifications shall be
subject to the requirements of Chapter 8 of this Title.
B. .Major Permit Modifications.
1. Qualifications.. Any permit modification not classified or qualifying as minor
shall be classified as major.
2. Procedure. Major permit modifications shall be processed according o
Section 11-4-3 and shall be subject to all requirements and standards of this
Chapter.
11-4-13: EXPIRATION: .Unless the City Council specifically approves a different time
when action is officially taken on the request, conditional use permits which have been.
issued under the provisions of this Chapter shall expire without further action by the
Planning Commission or the City Council, unless the: applicant. commences the authorized
use within one (1) year of the date the conditional use permit is issued; or, unless before
4-6
the. expiration of the one (1) year period; the applicant shall apply for an extension. thereof
by .completing and submitting a request .for extension, including the renewal fee as
established by City Council resolution. The request for extension shall state facts showing.
a good faith attempt to complete or utilize the use permitted in the conditional use. permit.
A request for an extension not exceeding one (1) year shall be subject o the. review and
approval of the Zoning Administrator. Should a second extension of time or-any extension
of time longer than one (1) year be requested by the applicant, it shall be presented to the
Planning Commission for a recommendation and to the City. Council for a decision.
11-4-15: SITE IMPROVEMENT PERFORMANCE AGREEMENT AND FINANCIAL
GUARANTEE: Prior to City Council consideration of a conditional use permit request,' the
applicant, as may be applicable, shall guarantee to .the City the completion of all
improvements as shown on the approved site plan and as required by the conditional use
permit.. approval The guarantee shall be made by .means of a site improvement
performance agreement and a financial guarantee as specified in Section 11-9-19 of this
Title.
11-4-17: CERTIFICATION OF TAXES PAID: Prior to approving an application for
a conditional. use permit, the applicant shall provide certification to the City that there are.
no delinquent property taxes, special assessments, .interest, or City utility fees due upon
the parcel of land to which the conditional use permit application relates.
4-7
.CHAPTER 5
ADMINISTRATION -INTERIM USE PERMITS
SECTION:
11-5-1' Purpose and Intent
11-5-3: Procedure
11-5-5: General Standards
11-5-7: Termination
11-5-9: Certification of Taxes Paid
11-5-11: Expiration
11-5-13: Site.Improvement .Performance Agreement and Financial Guarantee
11-5-1: PURPOSE AND INTENT: The purpose and intent of allowing interim uses
is:
A. To allow a use for a temporary period of time until. a permanent location is obtained
or while the permanent location is under. construction.
B. To allow a use that. is presently judged acceptable by the City Council, buff that with.
anticipated. development or redevelopment, will not be acceptable in the future or
will be replaced in the future by a permitted or conditional use allowed within the
respective district.
C. To allow a use which is reflective of anticipated long-range change to an area and
which. is in compliance with. the Comprehensive Plan provided that said use
maintains harmony and compatibility with surrounding uses and is in keeping with
the architectural character and design standards of .existing uses and development..
11-5-3: PROCEDURE: Uses defined as "interim uses'' shall be processed
according to the standards and. procedures for a conditional use permit as established by
.Chapter 4 of this Title.
11-5-5: GENERAL STANDARDS: An interim use shall comply with the following:..
A. Meet the standards of a conditional use permit set forth in Section 11-4-3.E of this
Title.
B. Conform- to the applicak~eneral performance standards of Section 11=4-7 of this
Title.:
5-1
C. The use is allowed as an interim use in.the respective zoning district.
D, The date or event that will terminate the use can be :identified with certainty:
E. The use will not impose additional unreasonable costs on the public.
F. The user agrees to any cohditions that the City Council deems appropriate for
permission of the use.
11-5-7: TERMINATION: An interim use shall terminate on the happening of any
of the following events, whichever occurs first:
A. The date or event stated in the permit.
B. Upon .violation of conditions under which the .permit was issued.
C. Upon. change in the City's zoning regulations which renders the use nonconforming.
11-5-9: CERTIFICATION OF TAXES. PAID: Prior to approving an application for
an interim use permit, the applicant. shall provide certification to the City that there. are no
delinquent property taxes, special assessments, interest, or City utility fees due upon the
parcel of land to which the interim. use permit application relates.
11-5-11: EXPIRATION: Unless-the City Council specifically approves a different .time
when action is officially taken on the request, permits which have. been issued under the
provisions of this Chapter shall :expire without further~action by the Planning Commission
or the City Council, unless the applicant commences the authorized use within one (1)
year of the. date the interim use permit is issued; or, unless before the expiration of the one
(1) year period; the applicant shall apply for an extension thereof by completing and
submitting a request for extension,. including. the renewal fee as established by City
Council resolution. The request for extension shah state facts showing: a .good faith
attempt to complete or utilize the use permitted in the interim ease permit... A request for an
extension not exceeding one (1) year shall be subject. to the review and approval of the
Zoning Administrator. Should a second. extension of time or any extension of time longer.
than one (1) year be requested by the applicant, it shall be presented to the Planning
Commission for a recommendation and to the City Council for adecision.
11-5-13: SITE IMPROVEMENT PERFORMANCE AGREEMENT AND FINANCIAL
GUARANTEE: Following the approval of an :interim use .permit. as required by this
Chapter and prior to the. issuing of any building permits or the commencing of any work,
the applicant, as may be applicable, .shall guarantee to the City the completion of all
improvements as shown on the approved site plan and as required by the interim use
5-2
permit approval. The guarantee shall be made by means of a site improvement
performance agreement and a financial guarantee as specified in Section 11-9-19 of this
.Title.
5-3
CHAPTER 6
ADMINISTRATION -VARIANCES
SECTION:
11-6-1: Purpose
11-6-3: .:Board of Zoning Adjustments and Appeals
11-6-~: Review.Criteria
11-6-7: Procedures
11-6-9: Expiration
11-6-11: Site Improvement Performance Agreement. and Financial Guarantee
11-6-13: Certification of Taxes Paid
11-6-1: PURPOSE: The purpose of this section is#o provide for deviations from the
literal provisions of this Title in instances where their strict enforcement would. cause
undue hardship .because of .circumstances unique to the individual. property under
consideration, and to grant such variances only when it is demonstrated that such actions
will be in keeping with the spirit and intent of this Title.
41-6-3: BOARD OF Z
ONING ADJUSTMENTS AND APPEALS:. The City Council
..shall act as the Board of Zoning Adjustments and Appeals.
11-6-5: REVIEW CRITERIA:. The .Board of Adjustment shall not approve any
variance request (major or minor) unless they find failure to grant the variance will result
in undue hardship on the applicant, and, as may be applicable, all of the following criteria
have been met:
A. That because of the .particular physical surroundings, shape, or opographical
conditions of the specific parcel of land involved, a particularhardship to the owner
would result, as distinguished from a mere inconvenience, if the strict letter of the
regulations were to be carried out.
B. That the conditions upon which an application for a variance is based are unique
to the parcel of land for .which the variance is sought and are not. applicable,
generally, to other property within the same zoning classification.
C. That the purpose of the variance is not based exclusively upon a financial hardship, ,
or a desire to increase the value or income potential of the parcel of land.
6-1
D. That the alleged difficulty or hardship is caused by this Title and has not been.
created by any persons having an interest in'the parcel of land and is not a self-
created. hardship..
E. That the granting of the variance will not be detrimental to the public welfare or-
injurious to other land or improvements in the neighborhood in which the parcel of
land is located.
F. That the proposed variance will not impair an adequate supply of light and air to
adjacent property, or substantially increase the congestion of the public streets, or
..increase the danger of fire, or endanger the publicsafety.
G. That .the requested variance is the minimum action required to eliminate the
hardship.
H. Does not involve a use which is not allowed within the respective zoning district.
11-6-7: PROCEDURES: Pursuant to Minnesota Statutes 15.99, an ..application for
a variance shall be approved or denied within sixty (60) days from the date of its official
and complete submission unless extended by the City pursuant to Statute or a time waiver
is granted by the applicant. Additional City requirements are as follows:
A. Classifications.
1. Minor Variance.
a. Purpose.. The purpose of this section is to provide for an expeditious
method of processing variance requests which are defined as minor.
b, Qualification.
(1 } .Cases where hardship to existing buildings or platted property
are created as a result of public action or change. in ordinance
standards.
(2) Structure or setback deviations which are characteristic of and
common to neighboring uses and which do not exceed a ten
(10} percent departure from any standard of this Title as
applied to a specific piece of property,
(3) A minor variance procedure shall not be applicable or include
any proposals involving' fencing, shoreland, -wetland, or
floodplain.
62
2. Major Variances. All variances which are not classified as "minor" shall be
deemed. "major" variances.
B. Processing.
1. Minor Variances..
a. Requests for a minor. variance shall be filed .with the Zoning
Administrator on an official application form. Such application shall
be accompanied by a fee as established by City Council resolution..
..The application as determined by the Zoning Administrator: shall be
considered as being officially submitted complete when the applicant
has complied with all the specific informational requirements, which
shall include the following:
(1) A written description. of the request for-the minor variance,
including an explanation of compliance with the variance
criteria set forth in this section.
(2) Supporting materials, as outlined in Section 11-9-13 of this
Title, as determined by the Zoning Administrator as applicable
to be necessary for the complete and clear definition and..
understanding of the request.
b. In cases when an application is judged to be incomplete, the Zoning
Administrator shall notify the applicant, in writing, within ten. (10) days
from the date of submission.
c. The Zoning Administrator shall instruct the appropriate staff persons
to prepare technical reports. when appropriate,. and provide general
assistance in preparing a recommendation on the action to .the Board.
d. The City staff shall have the authority to request :additional
information from the applicant concerning operational factors. or to
retain expert testimony with the consent and at the expense of the
applicant concerning operational factors. Said information is to be
declared necessary to establish performance conditions in relation to
all pertinent sections of this Title. Failure on the part of the .applicant
to supply. all necessary. supportive information may be grounds for
denial of the request.
e. Unless excused by the. Mayor, .the applicant or a representative shall
appear before the Board in order to answer questions concerning the
proposed minor variance request.
6-3
f. Within fifteen (15) days after receiving the City staffs report and
recommendation concerning a request for a minor variance, the
Board shall have the option to set and hold a public hearing if
deemed necessary on the request. The Board shall hear such
persons as wish to be heard. Notice of any such hearing .shall be
mailed not less than ten (10) days in advance to all property owners
within five hundred (500) feet of the property to which the variance
relates. -
g. Failure of a property owner to receive notice shall not invalidate any
such proceedings.
h. The City Council shall decide whether to approve or deny a request
for minor variance within thirty (30) days after the publichearing on
said request.
i. A minor variance of this Zoning Title shall be by four-fifths.{4/5).vote
of the full .Board.
2. Major Variances.
a. Request for a variance or appeal .shall be #iled with the Zoning
Administrator on an official application forma Such application shall be
...accompanied by a fee as established by City Council resolution. This
fee shall not be refunded. Unless modified by the Zoning
Administrator, such application shall also be accompanied by fifteen
(15) copies of detailed written and graphic materials necessary for the.
explanation of the request, .and a list of property owners located
within five hundred (500) feet of the subject property obtained from
and certified by an abstract company.
b. The application shall. be considered as being officially submitted
complete when the applicant .has .complied with all. the specified
informational requirements, which shall include the following:
(1) A written description. of the. request for the major variance,
including an explanation, of compliance with the variance
criteria set forth in this Title.
(2) Supporting materials; as outlined in Section 11=9-13 ofthis
Title, as determined by the Zoning Administrator as applicable
to be necessary for the complete and. clear definition and
understanding of the request.
6-4
c. Upon receipt of a complete application, as determined by the: Zoning
Administrator, the City Clerk shall set a public hearing following
proper hearing notification.; The Planning Commission shall conduct
the hearing and report its findings and make recommendations #o the.
Board. Notice of said hearing shall consist of a legal property
description, description of request and property location, and. be
published in the official newspaper at least ten. (10) days prior to the.
.hearing. Written notification of said hearing shall be mailed at leasf
ten (10) days prior to all owners of land within five hundred-(500) feet
of the boundary of the property in question.
d. Failure of a property owner to receive notice shall not invalidate .any
such proceedings as set forth within. this Title.
e. The Zoning Administrator shall instruct the appropriate staff persons
to prepare technical reports where appropriate, and provide general
assistance in preparing a recommendation on the action to the Board.
f. The Planning Commission and City staff shall have the authority to
request additional information from the applicant concerning
operational factors or to retain expert testimony with the consent and
at the expense of the applicant concerning operational factors.. Said
information is to be declared necessary to establish performance
conditions in relation to all pertinent sections of this Title. Failure of
the applicant to supply all necessary supportive information maybe.
grounds for denial of the request.
g. Unless excused by the Planning. Commission Chair, the. applicant or
a representative thereof shall appear before the Planning
Commission to answer questions concerning the proposed variance.
h. The. Planning Commission shall make findings of fact and recommend
approval or denial of the request. The Commission's
recommendation and the. City staffs report shall be presented to the
Board,. and shall be entered in and made part of the- permanent
written record of the Board meeting.
i. The Board shall not act upon the variance until the Planning
Commission has held a public hearing on the request. The Board
shall act upon the request within sixty (60) days from the date of
submission, unless an extension has. been provided, pursuant to
Minnesota Statutes 15.99.
j. Upon receiving the report and recommendation of the Planning
Commission and the City staff, the Board shall have the :option to set
.and hold a public hearing if deemed necessary.
6-5
k. Subject to limitations of Minnesota Statutes 15.99, if, upon receiving
said reports and recommendations of the Planning Commission and
City staff, the Board finds that specific inconsistencies. exist. in .the
..review process and thus the final determination. of the Board may
differ from that of the Planning.: Commission, the Board. may, before
taking final action, refer the matter back to the Planning Commission
for further consideration. The Board shall provide the Planning
Commission with a written statement detailing the specific reasons for
referra . This procedure shall be followed. only .one (1) time on a
singular action.
I. The Board shall make findings. of fact and approve or deny a request
for variance within thirty (30), days after the close of the public hearing
on the request.
m. A major variance of this Zoning Title shall be by four-fifths (°/5) vote
of the full- Board.
n. In granting any major variance under the provisions of this Title, the
Board shall designate such conditions in connection therewith as will,
in its opinion, secure. substantially the objectifies of the regulations or
provisions to which the adjustment or variance is granted, as to light,
air, and the public health, safety, comfort, convenience and general
welfare.
o. The Zoning Administrator shall serve a copy of the final order of the
Board upon the applicant by mail..
p. Whenever an application for a major variance has been considered
and denied by the Board, a similar application for a variance affecting
substantially the same property shall not be considered again by the
Planning Commission or Board. for at least six (6) months from the
date of its denial; and a subsequent application affecting substantially
the same property .shall likewise not: be considered again by the
Planning Commission. or Board for an additional six (6) months from
the date of the second denial unless a decision to reconsider such
matter is made by afour-fifths (4/5) vote of the full Board.
11-6-9: EXPIRATION: Unless the Board specifically approves a different time when
action is officially taken on the request, approvals which have been issued under the
provisions of this Chapter shall expire without further action by the Planning Commission
or the Board, unless the .applicant. commences the authorized use or .improvement. within
one (1) year of the date the variance is issued; or, unless before the expiration of the one
(1) year period; the applicant .shall .apply for an extension thereof by completing and
submitting a request for. extension, including the renewal fee as established by .City
6-6
Council resolution. The request for extension shall state facts showing a good faith attempt
to complete or utilize the approvalpermitted in the variance. A request for an extension
not exceeding. one (1) year shall be subject to the review and approval of _the Zoning
Administrator. On matters involving a major variance approval, should a second extension
of time or any extension of time longer than one (1) year be requested by the applicant,
it shall be presented to the Planning Commission for a recommendation and to the Board
for a decision.
11-6-11: SITE IMPROVEMENT PERFORMANCE AGREEMENT. AND FINANCIAL
GUARANTEE: Following the approval of a variance as required by this Chapter and prior
to the issuing of any building permits or the commencing of any work, the applicant as may
be applicable, shall guarantee to the City the completion of all private exterior'amenities
as shown on the approved site plan and. as required by the .variance approval The
guarantee shall be made by means of a site improvement performance agreement and a
financial guarantee as specified in Section 11-9-19 of this Title.
11-6-13: CERTIFICATION OF TAXES PAID:. Prior to approving an application for
a variance (major or minor), the applicant shall provide certification to the Gity that there
are no delinquent property taxes, special assessments, interest, or City utility fees due
upon the parcel of land to which the variance applicat'ion' relates.
6-7
CHAPTER7
ADMINISTRATION -APPEALS
SECTION:
11-7-1; Board Designation
11-7-3: -Applicability
11-7-5: Filing
11-7-7: Stay of .Proceedings
11-7-9: Procedure
11-7-1: BOARD DESIGNATION: The City Council shall serve as the Board of
Adjustments and Appeals.
11-7-3: APPLICABILITY: An appeal shall only be applicable to an administrative
order, requirement or interpretation of intent of provisions of this Title. Opinions and
evaluations as they pertain to the impact or result of a request are not subject to the
appeal procedure.-
11-7-5: FILING: An appeal from the action of an administrative officer of the City
shall be filed by the property owner or their agent with the Zoning Administrator_within ten
(10) days after the making of the order, requirement, or interpretation being appealed.
11-7-7: STAY OF PROCEEDINGS: An appeal stays all proceedings and the
furtherance of the action being appealed unless it is certified to the Board of Adjustment
and .Appeals., after the notice of appeal is filed, that by reason of facts stated in the
certificate a staywould cause imminent peril #oJife and property.
11-7-9: PROCEDURE: The procedure for making an appeal shall be as follows:
A. The property owner or their agent shall file with the Zoning Administrator a notice
of appeal stating the. specific grounds upon which the appeal is made. Said
applicationshall be accompanied by a fee as established by City Council
resolution. In cases where the application is judged to be incomplete, the Zoning
Administrator shall notify the applicant, in writing, within ten (10) days of the date
of submission.
7-1
B. The Zoning Administrator shall .instruct the appropriate staff persons to prepare
technical reports when appropriate and shall provide general assistance in
preparing a recommendation on the action to the Board of Adjustment and Appeals.
C. Pursuant to Minnesota Statutes 15.99, the. Board of Adjustment and Appeals shall
make its decision. by resolution within sixty (60) drays from the date on .which a-
completed application is filed.
D. The Zoning Administrator shall serve a copy of the final order of the Board upon the
applicant by mail
7-2
CHAPTER8
ADMINISTRATION -ADMINISTRATIVE PERMITS AND APPROVALS
SECTION:
11-8-1: Purpose .
11-8-3: Administrative Permits
11-8-5: Non-Permit.Approvals
11-8-7: Site Improvement Performance Agreement and Financial Guarantee
11-8-1: PURPOSE: .The purpose. of .this section is to establish regulations and
procedures for the processing and consideration. of activities allowed by administrative
permit, and of matters requiring the approval. of the Zoning Administrator with the goal of
protecting the health, safety, and welfare of the citizens of the City.
11-8-3: ADMINISTRATIVE PERMITS:
A. Procedure.
1. lication for an ad i is r ti a emit sha I b filed the ro e
App m n t a v p r I e by p p rty owner
or designated agent with the Zoning Administrator on forms to be provided
by the City.
2. The application shall be accompanied by a fee as established by .City
Council resolution. Applicationsfor amending administrative permits shall
be accompanied by a fee as established by City Council resolution.
3. The Zoning Administrator shall review the application and related materials
and shall determine whether the proposal is in compliance with all applicable
evaluation cri#eria, codes, ordinances, and applicable performance
standards set forth in this Title. The Zoning Administrator shall notify the
applicant, in writing, of an incomplete application within ten (10) days of the
date. of submission.
4. The. Zoning Administrator'sieview shall be based upon the following factors:
a. Compliance with and effect. upon the Comprehensive Plan and public
facilities plans..
b, The establishment, maintenance or operation of the use, event or
activity will not be detrimental to or endanger the public. health; safety,
or welfare.
8-1
c. The establishment of the use, event or activity will not conflict with
existing uses and will not impede the normal and orderly development.
and improvement of surrounding property for uses permitted in the
district.
d. Adequate .public facilities and services are .available or can be
reasonably provided: to accommodate the use, event or activity which
is proposed.
e. The.: use,. event or activity shall, in all other respects, conform to the
applicable. regulations of the district in which it is located and to the
performance standards as outlined in Section 11-4-7 and all other
applicable provisions of this Title..
5. The Zoning Administrator shall make a determination on approval or denial
of the administrative permit .within sixty (60) days from the .date of
submission of a complete application.
6. A written permit shall be issued to the applicant when a determination of
compliance has been made. Specific conditions to assure compliance with
applicable evaluation criteria, codes, ordinances, and the standards of this
Title shall be attached to the permit.
7. Determination of non-com fiance with a livable codes ordinances and the.
p PP ~ ,
standards in this paragraph shall be communicated to the applicant in writing
and the application for the permit shall be considered denied.
8. Unresolved disputes as to administrative application of the requirements of
this paragraph shall be subject to appeal as defined by Chapter 8 of this
Title.
B. Information Requirement.. The information required for. all administrative permit
applications shall include:.
1. A concise statement describing the proposed use, event. or activity, including
the purpose, .type of merchandise involved, dates and. times of operation,
number of employees involved,. provisions for on-site security, provisions for
on-site parking, and other pertinent information required by the Zoning
Administrator to fully evaluate the application...
2. A copy of the approved site plan for the property or an "as built" survey
which accurately represents existing conditions on the .site, including
entrances and exits, bona. fide parking and driving areas, and which
accurately indicates .any proposed .temporary .structures, including tents,
stands, and signs.
8-2
3. An accurate floor plan, when in the judgment of the Zoning Administrator,
such a plan is necessary to properly evaluate the location of the event and
the effectiveness of available entrances and exits.
4. Certification of current 'sales tax number as issued by the State of
Minnesota, if applicable.
~5. Information identified in Section 11-9-13 of this Title, as may be applicable.
C. Performance Standards.. All structures, uses, events or activities allowed. by
administrative permit shall conform to the applicable standards outlined in the
zoning district in which such structure, use, event or activity is proposed,_as well as
the applicable standards in Section 11-4-7 of this Title.
D. Administration and Enforcement.
1. The Zoning Administrator shall keep a record of applications- and
administrative permits.
2. A copy of all administrative permits issued shall be forwarded to appropriate
staff as determined by the Zoning Administrator.
3. Enforcement of the provisions of this paragraph shall be in accordance with
Chapter 10 of this Title. Violation of an issued permit or of the. provisions of
this section also shall be grounds for denial of future permit applications.
E. Certification of Taxes Paid. Prior to approving an application for an administrative
permit, the applicant shall .provide certification to the City that there are no
delinquent property taxes, special assessments, interest, or City utility fees. due
upon the parcel of land to which the administrative permit application. relates..
11-8-5: NON-PERMIT APPROVALS: In cases where the Zoning: Administrator is
given approval authority without a requirement for an administrative permit, determinations
shall be based upon the criteria outlined in Section 11-4-7 of this. Title.
11-8-7: SITE IMPROVEMENT PERFORMANCE AGREEMENT AND FINANCIAL
GUARANTEE: Following the approval of an administrative permit or non-permit approval
as required by this Chapter and prior to the issuing of any building permits or the
commencing of any work, the applicant, as may be applicable, shall guarantee to the City
the completion of all private exterior amenities as shown on the approved site plan and as
.required by the administrative permit, or non-permit approval. The guarantee shall be
made by means of a site improvement performance agreement and a financial guarantee
as specified in Section 11-9-19 of this Title.
8-3
CHAPTER 9
ADMINISTRATION -SITE PLAN REVIEW
SECTION:
11-9-1: Purpose
11-9-3: Exceptions to Review
11-9-5: Sketch Plan
11-9-7: Procedure
11-9-9: Certification of Taxes Paid
11-9-11: Evaluation Criteria
11-9-13: Information Requirement
11-9-15: Plan Modifications
11-9-17: Lapse of Approval.
11-9-19: Site Improvement Performance Agreement and Financial Guarantee
11-9-21: Minnesota State Building Code
11-9-23:. Plan Agreements
11-9-1: PURPOSE: The purpose of this section is to establish a formal site plan
review procedure and provideregulationspertaining to the enforcement of site design
standards consistent with the requirements of this Title.
11-9-3: EXCEPTIONS TO REVIEW: Except in those cases specifically cited within
this Title, the following shall be excepted from the foregoing requirements of this Chapter:
A. Agricultural uses and developments.
B. Single family detached dwellings.
C. Two family attached dwellings.
11-9-5: SKETCH PLAN:
A. Prior to the formulation of a site plan, applicants may present a sketch plan to the
Zoning Administrator prior to filing of a formal application.. The plan shall be
conceptual but shall be drawn to scale with topography of a contour interval not
greater than two (2) feet and may include the following:
1. The. proposed site with reference. to existing development, topography, and .
drainage conditions on adjacent properties, at least to within two hundred
(200) feet.
9-1
2. Natural features
3. General locafion of existing and proposed structures including signs.
4. Tentative access, circulation and street arrangements, .both :public and
private.
5. Amenities to be provided such as recreational areas, open space, walkways,. -
landscaping, etc...
6. General location of parking areas.
7. Proposed public sanitary sewer, water and storm drainage.
8. A statement showing the proposed density of the project with the method of
calculating said density also shown.
9. Extent of and any proposed .modifications to land within the Special
Environmental Protection Districts as established by Chapter 45 of this Title..
10. Other items as may be deemed necessary by City staff.
B. The Zonin Administrator shall have the authorit to refer the sketch Tan to the
9 Y p
Planning .Commission and/or City Council for discussion, review, and informal
comment. Any opinions or comments provided to the applicant by the Zoning
Administrator, Planning Commission, and/or City Council shall be considered
advisory only and shall not constitute a .binding decision on the request.
11-9-7: PROCEDURE: Pursuant to Minnesota~Statutes 15.99, an application for
site plan. approval shall be approved or denied within sixty (60) days from the date of its
official and complete submission unless extended by the City pursuant to Statute or a time
waiver is granted by the applicant. Additional City requirements are as follows:
A. Request for site plan approval, as provided within this Title, shall be filed with. the
Zoning Administrator on an official application form. Such application shall be
accompanied by a fee as established by City Council resolution. Such application
shall also be accompanied by detailed written and. graphic materials, the number.
..and size as prescribed by the Zoning Administrator, fully explaining the proposed
change, development, or use. The request shall be considered as being officially
.submitted and complete when the applicant has .complied with all specified
information requirements. In cases where an application is judged to be
incomplete,..the Zoning Administrator shall notify.the applicant, in writing, within ten
(10) days of .the date of submission.
9-2
B. Proof of Ownership or Authorization. The applicant shall supply proof of title and
the legal description of the propertyfor which the site plan approval is requested,
consisting of an abstract of title and as applicable supply documented authorization
from the owner(s) of the property in question. to proceed with the requested site plan
application.
C. The Zoning Administrator shall instruct the appropriate staff persons to prepare
technical reports where appropriate, and provide general assistance in conducting
an evaluation of the request.
D. City staff shall have the authority to request additional information from the
applicant concerning. operational factors or to retain expert assistance with the
.consent and at the expense of the applicant concerning operational factors. Said
information is to be declared necessary to evaluate the request and/or to establish
performance conditions in relation to all pertinent sections of this Title. Failure on
the part of the applicant to supply all .necessary- supportive. information may be
grounds for denial of the request
E. The applicant or a representative thereof shall meet with the Zoning Administrator.
. and/or City staff in order to present information and- answer questions concerning
.the proposed requests...
F. The Zoning Administrator shall reach. a decision on the request within sixty (60)
days after the meeting at which the matter was officially submitted.
11-9-9: CERTIFICATION OF TAXES PAID:. Prior to approving an application for
a site plan review, .the applicant shalt provide certification to the City that there are no
delinquent property taxes, special assessments, interest, or City utility fees due upon the
parcel of land to which the site plan review application relates.
11-9-11: EVALUATION CRITERIA: The Zoning Administrator shall evaluate the
.....proposed site plan based upon compliance with the City Comprehensive Plan, provisions
of this Title, and other applicable chapters of the City Code.
11-9-13: INFORMATION REQUIREMENT: The information required for all site plan
applications generally consists of the following items, and shall be submitted unless`
waived by the Zoning Administrator.
A. Site boundaries, buildings, structures and other improvements shall be identified
on site with. a current certificate of survey, prepared and signed by a Minnesota
licensed land surveyor, depicting the following:
9-3
1. Scale of plan{engineering scale only, at one {1) inch equals fifty (50) feet or
less:
2. North point indication.
3. Existing boundaries with lot dimension and area.
4. Existing site improvements.
5. All encroachments.
6.' Easements of record.
7. Legal description of the property.
8. Ponds, lakes, springs, rivers or other waterways .bordering on or running
through the subject property.
B. A site plan utilizing a copy of the current certificate of survey as a base for the site
in question, depicting .the. following:
1. Name and address of developer/owner.
2. Name and address of architect/designer.
3. Date of plan preparation.
4. Dates and description of all revisions.
5. Name of project. or development..
6. All proposed improvements, including:
a. Required and proposed setbacks.
b. Location, setback and dimensions of all proposed buildings... and
structures.
c. Location of all adjacent buildings located within one hundred (100)
feet of the exterior boundaries of the property in question..
d. Location, number, dimensions, and setbacks of proposed parking
spaces and drive aisles.
e. Location, number, and dimensions ofi proposed Loading spaces.
f. Location, width; and. setbacks. of all curb cuts and driveways.-
g. Vehicular circulation.
h. Sidewalks, walkways., trails. -
i. Location and. type of all proposed lighting, including details of all..
proposed fixtures.
j. Location of recreation and service areas.
k. Location of rooftop equipment and proposed screening.
L. Provisions for storage and disposal of waste, garbage, and.
recyclables, including details. for screening exterior trash/recycling
enclosures.
m. Location,. sizing,.. and type of water and sewer system mains and
proposed service connections.. -
C. Grading/storm water drainage: plan, utilizing a copy of the current certificate of
survey as a base for the site in question, prepared and signed by a Minnesota
licensed engineer, .depicting. the following:
9-4
1. Existing contours at two (2) foot intervals .(may be prepared by a Minnesota
licensed surveyor)._
2. Proposed grade elevations afi two (2) foot maximum intervals.
3. Drainage .plan, including the configuration of drainage areas and
calculations.
4. Storm sewer, catch. basins, invert elevations, type of castings, .and type of
materials..
5. Spot elevations (may be prepared by a Minnesota licensed surveyor).
6. Proposed driveway grades...
7. Surface. water ponding and treatment areas.
8. Erosion control measures.
D. Landscaping plan, utilizing a copy of the currenf certificate of survey as a base for.
the site in question, depicting. the following:
1. Planting schedule (table) containing:
a. Symbols.
b. Quantities.
c. Common names.
d. Botanical names.
e. Sizes of plant material
f. Root specification (bare root, balled and burlapped, potted, etc.).
g. Special planting instructions.
2. Location, type and size of all existing significant trees to be removed or
preserved.
3. Planting detail (show aN species to scale at normal mature crown diameter
or spread for local hardiness zone).
4. .Typical sections with details of fences, tie walls, planter boxes, tot-Jots,
picnic areas, berms and the like.
5. Typical sections with details of landscape islands, planter beds, and.
foundation plantings with identification of materials used.
6. Note indicating how disturbed soil areas will be restored through the use of
sodding, seeding,- or other techniques.
7. Delineation of both. sodded and seeded areas with respective areas in
square feet.
8. Coverage plan for underground irrigation system, if any.
9. Where landscape or man-made materials are used to .provide screening
from adjacent and neighboring properties, across-through section shall be
provided showing the perspective of the site from .the neighboring property
at the property-line elevation.
10. Other existing or proposed conditions which could"be expected to affect
landscaping.
9-5
E. Other plans and information as required by the Zoning Administrator including, but
_ not. limited to:
1. Architectural elevations of all principal. and accessory buildings (type, color,
and materials used in .all external surfaces)..
2. "Typical" floor plan and "typical" room plan drawn to scale with a summary
of square footage for each use or activity.
3. .Fire protection plan.
4. Extent of and any proposed modifications to land within the Environmental
Protection Districts, as established by Chapter 45 of this Title.
5. Type, location and size (area and height) of all signs to be erected upon the
property in question.
6. Vicinity map showing the subject property in reference to nearby highways
or major street intersections,
7. Sound source control plan.
8. Lighting plan.
11-9-15: PLAN MODIFICATIONS: An amended site plan involving major changes
shall be applied for and administered in a manner similar. to that required for a new site
plan.
11-9- 7:
1 LAPSE OF APPROVAL:
A. Unless otherwise specified. by the. Zoning Administrator, the site plan approval shall
become null and void one (1) year after the date of approval, unless the property
owner or applicant has substantially started- the construction of any building,.
structure, addition or alteration, or use requested as part of the approved plan. The
property owner or applicant shall have the right to submit an application for time
extension in accordance wi#h this section.
B. In making. its determination on whether an applicant has made a good faith attempt
to utilize the site plan approval, the Zoning Administrator shall consider such factors
as the type, design, and .size of the proposed construction, any applicable
restrictions on financing, or special. and/or unique circumstances beyond the control
of the. applicant which have caused the delay.
C. The request for an extension of site plan ..approval shall. be determined by the
Zoning Administrator within fifteen (15) days from the receipt of a complete request.
11-9-19: SITE IMPROVEMENT PERFORMANCE AGREEMENT AND FINANCIAL
GUARANTEE:. Following the approval of the site plan required by this Title and before
issuance of a building permit, the applicant, as determined to be necessary by the Zoning
Administrator, shall guarantee o the City the. completion of all improvements as shown on
9-6
the approved site plan and as required by the site plan approval. This guarantee shall be
made by means of a site improvement performance agreement and a financial guarantee.
as provided below:
A. The applicant shall execute the site improvement performance agreement on forms
provided by the City. The agreement shall be approved as to form and content by
the City Attorney and shall define the required work and reflect-the terms of #his
Chapter as to the .required guarantee for the performance of the work by the
applicant.
B. The required work includes, but. is not limited to, private exterior amenities such'as
landscaping, private driveways, parking areas, recreational fields structures or
buildings, drainage systems, water quality ponds, wetland mitigation, wetland
buffers, erosion control, curbing, fences and screening, and other similar facilities.
The required work. shall also. include al(aspects of a tree preservation plan and
reforestation plan, if applicable.
C. A financial guarantee shall be submitted with the. executed site performance
agreement as provided herein: ,
1. Financial guarantees acceptable. to the_ City .include cash escrow; an
Irrevocable Letter. of Credit; or other financial. instruments which provide
equivalent assurance to the City and which ace approved by the Zoning
Administrator.
2. The term of the financial guarantee shall be for. he life of the site
improvement. performance agreement, and it shall be the responsibility of the
applicant to insure that a ubmitted financial guarantee shall continue in full
force and effect .until the Zoning Administrator shall have approved and
accepted all of the work undertaken to be done and .shall thereby have
released the guarantee or reduced the amount of the guarantee as provided
in this Chapter.
3. When any instrument submitted as a financial guarantee contains provision
for an automatic expiration date, after which the instrument may not be
drawn upon, not withstanding the status of the site performance agreement
or of the required work, the expiration date shall be October 31; further, it
shall be the responsibility of the applicant to notify the City. in writing, by
..certified mail, at least sixty (60) days in advance of the expiration date of the
intention to renew the. instrument or to not renew the instrument. If the
instrument is to be .renewed, a written. notice of extension shall be provided
thirty (30) days prior to the expiration date; if the instrument is not to be
renewed, and has not been released by the Zoning Administrator, another
acceptable financial guarantee in the appropriate amount-shall be submitted
at leash thirty (30) days prior to the expiration. The term of any extension
shall be approved by the Zoning Administrator.. Upon receipt of an
9-7
acceptable substitute .financial guarantee, .the .Zoning Administrator may
release the original guarantee.
4, Thee amount of the financial guarantee shall be established by the Zoning.
Administrator based upon an itemized estimate of the cost of all required
work as provided by the applicant. A cash escrow or Irrevocable Letter of
..Credit shall be in the amount of one hundred.twenty.-five (125) percent of the
approved estimated cost. The amount of any other .approved financial
instrument shall be determined by the Zoning Administrator.
5. At the option of the .City,. the applicant may submit a separate financial
guarantee for that portion of the required work consisting solely of
landscaping improvements with another financial guarantee for all other
exterior amenities and improvements which comprise the work. All trees
shah be warranted to be alive, of good quality, and disease-free for twelve
(12) months fro the time of planting. Any subsequent replacement shalf be
warranted for twelve (12) months from the time of planting.
D. The time allowed for completion of the required improvements shall be set out in the
site.. improvement performance agreement. The agreement and the financial
guarantee shall provide for forfeiture to the City to cure a default or reimburse the
City the cost of enforcement measures. As various portions of such required work
are completed by the applicant, are in compliance with City requirements, and are
approved by the City, the Zoning Administrator may release such portion of the
financial guarantee. as is attributable to such completed work. Landscaping
improvements shall not be deemed complete until the City has verified survivability
of all required plantings through one (1) winter season which. is defined for the
purpose of this Section as the period October 31 through April 30.
E. The applicant shall notify the Zoning Administrator in writing when alfi or a portion
of the required improvements have been completed in accordance with the
approved plan and may be inspected. Upon receipt of such. notice, .the Zoning
Administrator shall be responsible for the inspection of the improverents to
determine that the useful Life of .all work performed meets the standards for the
particular industry, profession, or material used in the performance of the work. Any
required work failing to meet such standards shall not be deemed to be complete
and the applicant shall be notified in writing as to required corrections.. .Upon..
determination that the work has been completed, including the winter season
survivability of all landscape improvements, a notice of the date of actual.
completion shall be given to the applicant and `appropriate action,. to release or to
reduce the amount of the financial guarantee shall be taken _by the Zoning
Administrator.
9-8
11-9-21: MINNESOTA STATE BUILDING CODE: The review and approval of site
improvements pursuant to the requirements of City. adopted building and fire codes shall
be in addition to the site plan review process established under this section. The site plan
approval process does not imply compliance with the requirements of these building and
fire codes;
11-9-23: PLAN AGREEMENTS: All site and construction plans officially submitted
to the City shall be treated as a formal agreement between the applicant and the City.
Once approved, no changes, modifications or alterations shall be made to any plan detail,
standard, or specifications without .prior submission of a plan modification request. to the
Zoning Administrator for review and approval
9-9
CHAPTER 10
ADMINISTRATION -.GENERAL
SECTION:
11-10-1: .Enforcement
11-10-3: Violation
11-10-1: ENFORCEMENT: This Title shall be administered and enforced by the
Zoning Administrator who is appointed by the .City Administrator. The Zoning
Administrator may institute in the name of the City any appropriate actions or proceedings
against a violator as provided by statute, charter or ordinance. The Zoning Administrator's
duties shall include, but not be limited. to, the following:
A. Periodically inspect buildings, structures, and uses of land to determine compliance
with the terms of this Title.
B. Notify, in writing, any person .responsible for violating a provision of this Title,
indicating the nature of the violation and ordering the action necessary to correct
it.
C. .Order discontinuance of illegal .use of land, buildings, or structures; order removal
of illegal buildings, structures, additions or .alterations; order discontinuance of
illegal work being done; or take any other action authorized by this Title to insure
compliance with or to prevent violation of its provisions,. including cooperation with
the City Attorney in the prosecution of complaints...
D. Maintain permanent and current records of the Zoning. Ordinance, including all
maps, amendments, conditional uses and variances.
E. Maintain a current file of all permits, ali certificates and all copies of notices of
violation, discontinuance, or removal for such time. as necessary to insure. a
continuous compliance with the provisions of this Title and, on request, provide
information to any. person having a proprietary or tenancy interest in any specific
property.
F. Provide clerical and .technical assistance to the Planning Commission and. Board.
of Zoning Adjustments. and Appeals.
G. Receive, file and forward as applicable to the Board of Zoning Adjustments and
Appeals, Planning Commission, or City Council all applications for conditional use
permits, variances, interim use permits, administrative permits, amendments or site
plans as required herein.
10-1
11-10-3: VIOLATION: Any person who violates any of the provisions of this Title
shall, upon conviction thereof, be fined not -more than the maximum penal#y for a
misdemeanor. prescribed under State iaw. Each day that a violation is permitted to exist
shall constitute a separate offense.
10-2
CHAPTERS 11 - 14
RESERVED
11-1
CHAPTER 15
NON-CONFORMINGBUILDINGS; STRUCTURES AND USES
SECTION:
11-15-1: Purpose
11-15-3: General Provisions
11-15-5: Non-Conforming Uses
11-15-7: Non-Conforming Buildings and Structures
11-15-9: Non-Conforming Lots
11-15-1: PURPOSE: It is the purpose of this Chapter to provide for the regulation of
nonconforming buildings, structures and uses and to specify those requirements,
circumstances and conditions under which nonconforming buildings, structures and uses
will be operated and maintained: This Zoning Title establishes separate districts, each of
which is an appropriate area for the location of uses which are permitted in that district. It
is necessary and consistent with the establishment of these districts that nonconforming.
buildings, structures and uses not be permitted to continue without restriction.
..Furthermore, -it is the intent of this Chapter that all nonconforming uses shall be eventually
brought into conformity.
11-15-3: GENERAL PROVISIONS:
A. Conditional Uses/Interim Uses/Uses. by Administrative Permit. Any established use
or building legally .existing prior to August 1, 2000 and which is herein classified as
a conditional use,. interim use, or use by administrative permit may be continued in
.like fashion .and activity and shall automatically be considered as having received
the applicable approval Any change to such a use, including but not limited to
building and/or site alteration, shall however require a new permit be processed
according to this Title.
B. Subject to Section 11-17-25 of this Title, no non-conforming building, structure or
use shal(be moved to another lot or #o any other part of the parcel of land upon
which the same was constructed or was conducted prior to August 1, 2000 hereofi
unless such. movement shall bring the non-conformance into substantially closer
compliance. with the requirements of #his Title.
C. Subdivision: No parcel of land or portion thereof shah be subdivided if such. action
results in buildings and/or uses becoming non-conforming.
15-1
11-15-5: NON-CONFORMING USES.
A. Effective Date. Except as provided in Section 11-15-3. B, the lawful use of
buildings or land existing on August 1, 2000 which. do not conform to the provisions
of this Title may be~ continued at the same size and in the same manner of
operation; provided, however, that no such non-conforming use of land shall be
enlarged or increased, nor shall any such non-conforming use be expanded to
occupy a greater area of land than that occupied by such use at the time of the
adoption of this Title, nor shall any such- non-conforming use be moved to any other
part of the parcel of land upon which the same was conducted at the time of the
adoption of this Title.
B. Changes to Non-Conforming Uses.
1. .When a lawful, non-conforming use of any structure or parcel of land in any
district has been changed to a conforming .use, it shall not thereafter be
changed to any non-conforming use.
2. A lawful, non-conforming use of a structure or parcel of land may be
changed to .lessen the non-conformity of use. Once anon-conforming
structure: or parcel of land has been changed, it shall not thereafter be so
altered to increase the non-conformity.
3. In-cases of non-conformities not addressed b Section 11-15-7.D.1.a and
Y
11-15-7.D.1.b, lawful, non-conforming single family and two family units may
be improved to maintain the livability of the dwelling, provided the structure
is not expanded.
C. Discontinuance. In the event anon-conforming use of any building or premises is
discontinued for a period of six (6) months, the use of the same shall thereafter
conform to theregulations of the district in which it is located. If anon-conforming
use is interrupted or prevented from operating<because of governmental action,
such. as road construction, that period shall not be deemed as .discontinuance of the
non-conforming use.
D. Normal Maintenance. Maintenance of a building or other structure containing or
used by anon-conforming use will be allowed when it includes necessary non-
structural repair and incidental alterations which do not extend or intensify the non-
conforming building or use.
11-15-7: NON-CONFORMING BUILDINGS AND STRUCTURES:
A. Proposed Structure. Any proposed structure which will,. under this Title, become
non-conforming but for which a bui ding permit has been lawfully granted prior to
August 1, 2000 may be completed in accordance with the approved plans; provided
construction is started within sixty (60) days of August 1, 2000, is not abandoned
15-2
for a period of more. than one hundred twenty (120) days, and continues to
completion within two (2) years. Such structure shall thereafter be a legally non-
conforming structure.
B. Restoration.. Any lawful, non-conforming building or structure which has been
damaged by fire, explosion, act of God or the public enemy, to the extent of more
than fifty (50) percent of its value, as determined by the Building_Official, shall not
be restored, except in conformity with the regulations of this Title. .
C. Alterations. Alteration and normal maintenance to a lawful non-conforming building
or structure. may be made.. through the building permit process provided;
1. The alterations do not expand the foundation and/or building size, unless
specifically allowed by this Title.
2. The alterations do nofi increase the building occupancy capacity or parking
demand.
3. The alteration does not increase the non-conformity of the building-or the
use.
D. Expansion of Non-Conforming Buildings or Structures.
1. Administrative A royals. Exce tin the Environmental Protection Districts
pp p ,
the following expansions of lawful, non-conforming single and two family.
.residential .buildings may be approved .through the administrative .permit
process by the Zoning Administrator subject to the provisions of Chapter 8
of this Title. The Zoning Administrator shall make a determination that the
building expansion will comply`with the. intent and purpose of thin Chapter.
and this Title.
a Expansion of principal buildings found to be non-conforming only by
reason of height and yard setback may be allowed provided the
expansion complies with the performance standards of this Title.
b. Expansion of non-conforming detached accessory structuresshall not
be allowed.
2. Conditional Use Permit. Lawful, non-conforming commercial, industrial,
public, semi-public, and multiple family residential principal structures may
be expanded on the same lot. by conditional use permit .provided:
a. The-expansion will not increase the non-conformity of the building or
site.
15-3
b. The new building expansion will conform with all the applicable
performance standards. of this Title. A conditional. use permit shall
not be issued under this Chapter for a deviation from other
requirements of this Title unless variances. are also approved.
c. The request for conditional use permit shall be evaluated based on
standards and criteria set forth in Section 11-4-3. E and Section 11-4-
7 of this Title.
11-15-9: NON-CONFORMING LOTS:
A. Zoning Lots.
1. The designation. of zoning lots will. be required if either of the following
situations occurs:
a. When a development is proposed which is to be located on two {2) or
more lots, both of which are platted or described by metes .and
bounds, and combination of the two (2) lots into one (1)zoning lot is
required to accommodate the use.
b. :Except as may be allowed pursuantto this Chapter, when two (2) or
more .lots, both. of :which are platted or described by metes and
bounds, are located in the same zoning district, one (1) or more-of
which lack adequate area or width to qualify for use under the current
ordinance requirements and the lots are contiguous and held in one
ownership, the lots. shall be combined into one (1) zoning .lot for. use
in order to meet the lot requirements.
2. The designation of a zoning lot shall be approved by the Zoning
Administrator if it complies with the lot requirements of the district in which
it is located and: has a single tax identification number.
3. interior lot lines within a zoning lot shall be disregarded in applying setbacks
and other Zoning Ordinance standards.
4. The. subdivision of a zoning lot shall be in accordance with the Subdivision
Ordinance.
B. Vacant or Redeveloped Lots. Except in Environmental. Protection Districts, legal,
.non-conforming, vacant lots of record may be developed for single family detached
dwellings upon approval of an administrative permit, provided that:
15-4
1. The lot in question was legally established in accordance with. City Code
requirements existing at the time of its .creation and is a separate, distinct tax
.parcel.
2. The lot is properly zoned for single family residential land uses.
3. Minimum Lot Size.
a. Sewered Lots. A lot of record as of August 1, .2000 having direct
access to municipal. sewer shall be considered .buildable provided
measurements for lot area and/or width meet minimum requirements
or are within seventy (70) percent of the requirement of the base
zoning district.
b. llnsewered Lots. A lot. of record as of August 1, 2000 not having
access to municipal sewer shall be considered buildable provided. it
.complies with Section 11-17-19 of this Title.
. 4. The lot in question has. frontage on and will directly access an improved
public street.
5. Public health -concerns (potable water and sanitary sewer) can be
adequately addressed.
6. The setback and yard .requirements of the base zoning district can be
achieved while simultaneously resulting in development which complies with.
the character and general design of the.immediate area and the objectives
of the City's Comprehensive Plan and this Title.
C. Developed Lots. An existing conforming use on a lot of substandard size and/or
width may be expanded or enlarged if such expansion or enlargement meets all
other provisions of this Title.
15-5
CHAPTER 16
GENERAL PERFORMANCE STANDARDS
SECTION:
11-16-1: Purpose
11-16-3: Dwelling Unit Restriction
11-16-5: Platted and. Unplatted Property
11-16-7: Erosion and brainage
11-16-9: Crystal Lake.Watershed Drainage Area
11-16-11: South Creek Stormwater District
11-16-13: Wetlands
11-16-15: Traffic Sight Visibility Triangle
11-16-17: Glare
11-16-19: .Smoke
11-16-21: Dust and Other Particulate Matter
11-16-23: Air Pollution
41-16-25: Noise
11-16-27: Bulk Storage (Liquid).
11-16-29: Waste
11-16-1: PURPOSE.: .The: purpose of this Chapter of the Zoning Title is to establish
general development performance standards. These standards are intended and designed
to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to
enhance the health, safety and general welfare of the residents of the community.
11-16-3: .DWELLING UNIT RESTRICTION:
A. Except as .maybe expressly allowed. by this Title, no garage, tent, accessory
building or motor home shall at any time be used as living quarters,. temporarily or
permanently. Tents, playhouses or similar structures may be used for play or
recreational purposes.
B. Basements and cellars may be used as living quarters or rooms as a portion of the
principal residential dwelling.
C. By an interim use permit, subject to the requirements of Chapter 5 of this Title, in
all zoning districts "self
:contained motor homes", as defined by Minnesota Statutes,
maybe used as temporary living quarters for construction workers working on the
same site, provided:
1. The construction site is at leasf five (5) acres in size.:.
16-1
2. The construction project does not .include the construction of single-family
homes or a subdivision..
3. No more than #ive (5) self-contained motor homes are used.
4. Motor homes do not remain on the property more than one hundred twenty
(120) days.
5. There are no more than four (4) occupants per unit.
11-16-5: PLATTED AND UNPLATTED PROPERTY: .
A. Any person desiring to improve property shall submit to the Building Official a
survey of said premises and information on the location. and dimensions of existing
and proposed buildings, location of easements crossing the property,
encroachments, and any other information .which may be necessary to ensure
conformance to City ordinances.
B. ~ All buildings shall be placed so that they will not obstruct future public streets which
may be constructed inconformity with existing streets and according to the system
and standards employed by the City.-
C. Exce tin the. case of tanned unit develo ment as rovided for in Cha ter 96 of
p p p P p
this Title or as specifically allowed and stated in a respectivezoning district, not
more than one principal building shall be located on a lot. The words "principal
building" shall be given their common, ordinary meaning as defined in Section
11-2-3 of this Title. in case of doubt or on any questions or interpretation the
.decision of the Zoning Administrator. shall be final, subject to the .right to appeal to
the Board of Adjustment and Appeals.
D. On a through lot, both street lines shall be front lot lines for applying.. the yard
setback regulations of this Title except in the case of a buffer yard fence or
accessory. building. In addition, no home on a through lot or corner: iot in arty
residential zone shall be allowed direct access to any major collector or arterial
street designated as such by the Comprehensive Plan,. except as maybe permitted
by the Gity Engineer.
E. In the case of properties which abut street easements, applicable. setbacks shall be
measured from the easement line and shall be related to roadway classification as
identified in the Lakeville.. Comprehensive Plan, Transportation Plan,....and
Subdivision Ordinance.
F. Outlots are deemed unbuildable and no building permit shall be issued for such
properties, except in the case of public park facilities and .essential services.
16-2
G. 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.
11-16-7: EROSION AND DRAINAGE:
A. Every applicant for a building permit, subdivision approval, or a grading permit to
allow land disturbing activities shall adhere to erosion control measure standards.. ;
and specifications contained in the MPCA publication"Protecting Water Quality in
Urban Areas", as may be amended, or as approved by .the City Engineer, the
Lakeville Comprehensive Plans, and as applicable with the management plan for
the South Creek Drainage. Area, Vermillion River Watershed Management
Organization, and Black Dog Watershed Management Organization.
B. No land shall be developed and no use shall be permitted that results in water
runoff causing flooding, erosion, or deposit of sediment on .adjacent properties..
Such runoff shall be properly channeled into a storm. drain, watercourse, ponding
area, or other public facilities subject to the review and approval of the City
Engineer.
C. -All residential, commercial, industrial, and. institutional developments shall satisfy
the provisions of the City's Subdivision .Ordinance in regard to storm water
.:management.
D. In the case of all single family lots,. multiple family lots, business, industrial and
institutional developments, the drainage and erosion control plans shall be subject
to the engineer's written approval. No modification. ~n grade and drainage flow
through fiU, cuts, erection of retaining walls or other such actions shat `be permitted.
until such plans have been reviewed and received written approval from the City
Engineer.
E. Proposed erosion control measures may be approved by the City Engineer as part
of grading plan. review. Erosion control may be specified by the City Engineer as
part of a site survey for individual building permits. Erosion control measures may
also be specified by the City Engineer as needed and deemed appropriate .during
the construction and post-construction periods separate from the above.
F. All storm sewer inlets which are functioning during construction shall be protected
so that sediment laden water not enter the conveyance system without first being
filtered or otherwise treated to remove sediment.
G. All on-site storm water conveyance channels shall be designed and constructed to
withstand the design volume of storm water with appropriate stabilization to prevent
scour and erosion:. Erosion controls must be provided at the outlets of all storm
sewer pipes.
16-3
H. All temporary and permanent erosion and sediment control .practices. shall be
main#ained and repaired to .assure the continued performance of their. intended
function.
L Tracking. Each site shall have graveled roads,. access drives and parking areas of
sufficient width and length to prevent sediment from being tracked onto public or
private roadways. Any sediment reaching a public.or private road shall be-removed .
by street cleaning (not flushing) before the end of each workday.
J. Seeding. All disturbed ground. left inactive for seven (7) or more days shall be
stabilized by seeding or sodding or by mulching or covering or other equivalent
control measure.
K. .Sites Over Ten (10) Acres. For sites with more than four (4) hectares (ten (10)
acres) disturbed at one time,. or if a channel originates in the disturbed area, one
or more temporary or permanent sedimentation basins shall be constructed. Each.
sedimentation basin. shall have a surface area of at least one percent of the .area.
draining to the basin and at least one meter (three (3) feet) of depth and
constructed in accordance with accepted design specifications. Sediment shall be
removed to maintain. a depth of one. meter (three (3) feet).. The basin discharge rate
shall also be sufficiently low as to not cause erosion along. the discharge channel
or the receiving water.
L. Sites Under Ten 10 Acres. For sites with less than four 4 hectares ten 10
( ) O ( ~ )
acres) disturbed at one time, silt fences, straw bales, or equivalent control
measures shall. be placed along all side slope and downslope sides of the site. If
a channel or area of concentrated runoff passes through the site,. silt fences shall
be placed along the channel edges to reduce sediment reaching the channel. The
use of silt fences, straw bales, or equivalent control measures. must include a
maintenance and inspection schedule.
M. Removal. All temporary erosion contro( devices including silt fence,. gravel, hay
bales or other measures shall be removed from the construction site and properly
disposed of or recycled. This removal and disposal must occur within thirty (30)
days of .the establishment of permanent vegetative cover on the disturbed area.
N. Site Dewatering. Water pumped from the. site shall be treated by .temporary
sedimentation basins, grit chambers, sand filters, upflow chambers, hydro-cyclones,
swirl concentrators or other appropriate controls as .appropriate. Water may not be
discharged in a-mariner that causes erosion or flooding'of the site or receiving:
channels_of a wetland. All dewatering shall be in accordance with all applicable
county, state, and federal rules and regulations. Minnesota Department of Natural
Resources regulations regarding appropriate permits shall also be strictly adhered
to.
16-4
O. Waste and Material Disposal.. All waste and unused building materials (including
garbage, debris, cleaning wastes, waste water,..toxic materials or hazardous
materials). shall be properly disposed of off-site and not allowed to be carried by
runoff into a receiving channel or storm. sewer system.
P: Unless approved by the City Engineer, the top of the foundation and garage floor
of all structures shall be at least eighteen (18) inches above the grade of the crown
of the street..
Q. The City's Building Official or City Engineer may. issue stop work orders for any
violation of this Title.
11-16-9: CRYSTAL LAKE WATERSHED DRAINAGE AREA: Properties within sub-
watersheds CL-7, CL-9, CL-10, and CL-11, as identified in the Lakeville Stormwater
.Management Plan,. as may be amended, shall be .limited to seventy (70) percent
impervious surface coverage.
11-16-11: SOUTH CREEK STORMWATER DISTRICT: Properties within the South
Creek Stormwater District shall maintain and preserve a protective buffer of non-developed
vegetated upland area within which no grading or altering of the natural vegetation is
allowed except that required to provide for public trail .construction. The protective buffer
shall extend a minimum of fifty (50) feet from the center of the South Creek Stream
Channel at all locations consistent with the South Creek Management Plan, as adopted
and as may be amended by the. City.
11-16-13: WETLANDS:
A. Every applicant for a grading permit to allow wetland disturbing activities. must
submit. a wetland assessment report to the Environmental Resources Coordinator.
No grading .permit to allow wetland disturbing activities shall be issued until
approval of the wetland replacement plan application or a .certificate of exemption
has been obtained in strict conformance with the provisions of this Title and the
Minnesota Wetland Conservation Act. This .Title applies to .all land, public or
.private, located within the City of Lakeville.
B. Utilization and development impacts to wetlands shalt be consistent with the City's .
Stormwater Management Plan.
C. Impacts to Wetland.
1. Concentrated runoff discharge into wetlands shall be consistent with the
stormwater management guidelines within the Lakeville Stormwater
Management Plana
16-5
2. A protective buffer strip of natural vegetation of width seventeen (17) feet
from the .delineated edge at the time of .development shall surround all
wetlands within areas developed or redeveloped after August 1, 2000.
Grading or construction within this buffer is prohibited.
3. A building setback of thirty-three (33) feet shall exist from the delineated
edge. of all wetlands at the time of development within areas developed or
redeveloped after August 1, 2000.
4. Wetlands must not be drained or filled, wholly or partially,. unless replaced
by .restoring or creating wetland. areas of at least equal public value.
.Replacement must be guided by the following principles in descending order
of priority:
a. Avoiding the direct or indirect impact of the activity that may destroy
or diminish the wetland.
b. Minimizing the impact by limiting the degree or magnitude of the
wetland;activity and its implementation.
c. Rectifying the impact by repairing, rehabilitating,. or restoring the
affected wetland environment.
d. Reducin o actover time b reservati
g r eliminating the imp y p on and
maintenance operations during the life of the activity..
e. Compensating. for the impact by replacing or providing .approved
substitute wetland resources or environments.
11-16-15: TRAFFIC SIGHT VISIBILITY TRIANGLE:. Except as may be approved by
the.. Zoning- Administrator, and except for a governmental agency for the purpose of
screening, no wall, fence, structure, tree, shrub, vegetation or other obstruction shall be
placed on or extend into a yard or right-of-way area so as to pose a danger to traffic by
obscuring the view of approaching vehicular traffic or pedestrians from any street or
driveway. Visibility from any. street or driveway shall be unobstructed above a height of
three (3) feet, measured from where both street or driveway center lines intersect within
-the #riangle described as beginning at the. intersection of the. projected curb line of two (2)
intersecting streets or drives, thence .forty-five (45) feet along one curb line, thence..
diagonally to a .point. forty-five (45) feet from the point of beginning along: the other curb
line.. The exception to ,this requirement shall be :where there is a tree, planting or
.landscape arrangement within such area. that wi11 not create a total obstruction wider than
three (3) feet. These requirements shall not apply to conditions that legally exist prior to
August 1, 2000 of this Title .unless the Zoning Administrator determines that such
conditions constitute a safety hazard.
16-6
11-16-17: - GLARE: Any lighting. used to illuminate an off-street parking area, signor
other. structures shall be arranged as to deflect light away from any adjoining residential
zone or from the public streets.. Direct or sky-reflected glare, where from floodlights or from
high temperature processes such as combustion or welding shall not be directed into any
adjoining property. The sources of lgh#s shall be .hooded or controlled in some manner so
as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in
view of adjacent property or publicrightof way. Except for public street lights, any light
or combination of lights which cast light on a public street shall not exceed one foot-candle
as measured from the propertyline of said street. Any light or combination of lights which
cast light on residential propertyshall not exceed one (1)foot-candle as measured. from
.said. property.
11-16-19: SMOKE: .The emission of smoke by any use shall be in compliance with and
regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations
APC 7017.
11-16-21: DUST AND OTHER PARTICULATE MATTER: The emission of dust, fly
ash or other particulate matter by any use shall be in compliance with and. regulated by the
State of Minnesota Pollution .Control Standards, Minnesota Regulation APC 701.1.
11-16-23: AIR POLLUTI N: a s' o air ollutio includin o
O Th emis ion f p n, g p tentially
hazardous emissions, by any use shall be in compliance with and regulated by Minnesota
Statutes 116, as may be amended.
11-16-25: NOISE: Noises emanating from any use shall be in compliance with and
regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations
NCP 7010. In no case shall noise emanations constitute a nuisance as defined and
regulated by the City Code.
11-16-27: BULK STORAGE (LIQUID): All uses associated with the bulk storage of
alf gasoline, liquid fertilizer,. chemical, flammable and similar liquids shall comply with
County, State, and Federal-.agency requirements, and have documents from those
respective agencies stating the use is in compliance..
11-16-29: WASTE:
A. All .waste generated shall be disposed in a .manner consistent with all Minnesota:
. Pollution ControL,Agency rules.
16-7
B. Any accumulation of waste generated on any premises not stored in containers
which comply with Title 4, Chapter 2 of the City Code and Minnesota Pollution
Control Agency rules, or any accumulation of mixed municipal solid waste
generated on any premises which has remained thereon for more than one week,
or any accumulation of infectious, nuclear, pathological, or hazardous waste which
is not stored and disposed in a manner consistent with Minnesota Pollution Control
Agency rules is a nuisance and maybe abated and the cost of abatement may be
assessed against the property where the nuisance is found.
C. The accumulation, .storage, processing, and disposal of waste on any premises,
which is .not generated. on that .premises, is prohibited, except as specifically
provided in this Title.
16-8
CHAPTER 17
GENERAL YARD, LOT AREA AND BUILDING REGULATIONS
SECTION:
11-17-1: Purpose
11-17-3:. High Water Elevation
11-17-5: Ground Water Elevation
11-17-7: Building Height
11-47-9: Building Type and. Construction
11-17-11: Yards
11-17-13: Minimum Floor Area .Per Dwelling Unit
11-17-15: Efficiency Apartments
11-17-17: Minimum Floor Area, Commercial and Industrial Structures
11-17-19: Minimum Lot Area, Unsewered Lots
11-17-21: Exception to Lot Area Definition
11-17-23: Single Family Dwellings
11-17-25: Building Relocation/Moving
11-17-1: PURPOSE: This Chapter identifies yard, lot area, building size, building type,
and height requirements in each zoning district.
11-17-3: HIGH WATER ELEVATION: No structure, except piers, docks, and
retaining walls shall be placed at an elevation such that the lowest floor, including
basement floor, is less than three. (3) feet above the highest known water level, or less
than one (1) foot above the 100-year regulatory flood protection elevation,. if determined,
of any adjacent lake, pond, river, watercourse, or wetland. If sufficient data on known high-
water levels is not available, the elevation of the Tine of permanent aquatic vegetation shall
be used as the estimated high-water elevation. When fill. is required to meet this elevation,
the fill shall be allowed to stabilize, and construction. shall not begin until the property has
been inspected by the. Building Official
11-17-5: GROUND WATER ELEVATION: The lowest floor,. including basement floor,
of all structures shall be at a level at least three (3) feet above the highest known
groundwater table. elevation. If requested by the Building Official, the groundwater table
elevation shall be determined by a licensed soils engineer using soil borings, piezometers,
or the observation of mottled soils.
11-17-7: BUILDING HEIGHT: The following building height requirements shallapply
to residential, business and industrial districts:.
17-1
A. Except for agricultural buildings on farm properties, no structure in the RS-4, RS-
CBIJ, RSMH, and C-1 Districts shall exceed two and one-half (2'/2) stories or twenty
five (25) feet, whichever is less.
B. No structure in the A-P, RA, RS-1, RS-2, RS-3, RST-1, RST-2, RM-1, RM-2, RH-1,
RH-2, O-R, C-2, C-3, CC, C-CBD, C-W, and I-1 Districts shall exceed three (3)
stories or thirty five. (35) feet, whichever is less.
C. No structure in the I-CBD and I-2 Districts shall exceed four (4) stories or forty five
(45) feet,. whichever is less.
D. Building heights in excess of these above. noted standards may be .permitted.
.through a conditional use permit provided that:
1. The site is capable of accommodating the increased intensity of use.
2. The increased intensity of use does not cause an increase in traffic volumes
beyond the capacity of the surrounding streets.
3. Public utilities and services. are adequate.
4. For each additional story over three (3) stories or for each additional ten
(10) feet above thirty-five (35) feet, front and side yard.. setback. requirements.
shall be increased by five (5) percent.
5. The increased height is not in conflict with airport zoning regulations as
provided in Chapter 36 of this Title.
6. The performance standards and criteria of Chapter 4 of this Title are.
considered and. satisfied.
E. The building height limits established herein for districts shall not apply to the
following:
1. Belfries
2. Chimneys or flues
3. Church spires
4. Cooling towers
5. Cupolas and domes which do not contain usable space
- 6. Elevator penthouses
7. Flagpoles
8. Monuments
9. Parapet walls extending not more than three (3) feet above the limiting
heighf of the building
10. :Poles,, towers and other structures for essential services
11. Necessary mechanical and electrical appurtenances
17-2
12. Agricultural buildings on farm properties.
13. Wind energy conversion system. towers as .regulated by Chapter 29 of this -
Title.
F. No excluded roof equipment or structural element extending beyond. the limited
height of a building may occupy: more than twenty five. (25)percent of the area of
..such roof nor exceed ten (10) feet unless otherwise noted.
G. Height limitations for antenna support structures asset#orth in .Chapter 30 of this
Title may be increased by conditional use permit.
11-17-9: BUILDING TYPE AND CONSTRUCTION:
A. General Provisions:
1. Except in association with farming. activities, no galvanized or unfinished
.steel or unfinished. aluminum buildings (walls or roofs), except those
specifically intended to have a corrosive designed finish such as COR-TEN
steel.shall be permitted in any zoning district.
2. Buildings in all zoning districts shall maintain a high standard of .architectural
and aesthetic compatibility with surrounding properties to insure that they
will not adversely impact the community's public health,` safety and general
welfare.
3. Exterior_Building Finishes.
a. Building facades in special areas of the City shall comply with the
standards adopted by the City Council The special areas, as defined
by the Comprehensive .Plan or specialized studies, are:
(1) Heritage Commons -Town Square Design Standards..
(2) Central Business District -Historical Fairfield District of
Downtown Lakeville Design Guidelines.
(3) Community Corridors and Gateways -Corridor and. Gateway
Design Study.
b. The primary exterior building facade finishes for residential. uses shall
consist of materials comparable in grade to the following:
(1) Brick.
(2) Stone (natural or artificial)..
(3) integral colored split. face(rock face) concrete block.
17-3
(4) Wood, natural or composite,. provided .the surfaces are
finished for exterior use or wood ofproven exterior durability
is used, such as cedar, redwood or cypress.
(5) Stucco (natural or artificial).
(6) Vinyl, steel, aluminum.
c. The primary exterior building facade finishes. for commercial uses
shall consist of materials comparable in grade to the following:
(1) Brick.
(2) .Stone (natural or artificial).
(3) Cast in place concrete or pre-cast concrete panels.
(4) Integral colored. split face (rock face) concrete block,.
(5) Wood, natural or composite, provided the surfaces are
finished for exterior use or wood of proven exterior durability
is used, such as cedar, redwood or cypress.
(6) Glass curtain wail panels.
(7) Stucco (natural or artificial).
(8) Steel or aluminum siding.
d . The primary exterior building .facade finishes for industrial and
institutional uses shall consist of materials comparable in grade and
quality to the following:
(1) Brick.
(2) Stone (natural or artificial).
(3) Cast in place concrete or pre-cast concrete panels.
(4) Integral colored split face (rock face) concrete block.
(5) Wood, natural or' composite, provided the surfaces are
finished for exterior use or wood of proven exterior durability
is used., such as cedar, redwood, or cypress.
(6) Except in the CC District, .Corporate Campus, curtain wall
panels of steel, fiberglass and aluminum (non-structural, non-
load bearing), provided such panels are factory fabricated and
.finished with a durable non-fade surface and their fasteners
are of a corrosion resistant design.
(7) Glass curtain wall panels.
(8) Stucco (natural or artificial)..
(9) Steel, aluminum, COR-TEN siding.
e. Building foundations not exceeding two (2)' feet and other such
portions of a building's facade need not comply with the requirements
for the primary facade. treatment or materials.
17-4
B. Residential and Commercial Districts.
1. Except in theAP and RA Zoning Districts, all accessory buildings in excess
of one hundred twenty (120) square feet that are accessory to residential
dwelling units shall be constructed with a design consistent with the general
character of the principal structure. on the lot.
2. Accessory buildings. for non-residential uses, including those allowed in the..
residential districts, shall be of a similar character, design, and. facade as the
principal structure.
C. Industrial Districts:
1. In the. C-W District and all industrial districts defined by Chapter 45 of this
Title, all. buildings. constructed of .curtain wal panels of finished steel,
aluminum or fiberglass shall be required to be faced with brick, wood, stone,
architectural concrete cast in place or precast. concrete :panels. on wall.
surfaces abutting public rights of way, anon-industrial zoning district, an
.adjacent industrial building with brick, wood, stone or decorative concrete
wall surfaces, residential uses, or public areas. The required wall surface
treatment may allow a maximum of fifty (50) percent of the metal or
fiberglass wall to remain exposed if it is coordinated into the architectural
design and is similar to the building frontage.
D. Exceptions: Exceptions to the provisions of this Section .may be granted as a
conditional use permit by the City Council,. provided that:
1. The-proposed building maintains the quality intended by this Title.
2. Theproposed building is compatible and in harmony with other structures
within the district.
3. The provisions of Chapter 4 of this Title are considered and satisfied.
11-17-11: YARDS: Except as provided below, no lot, yard or other openspace shall be
reduced in area or dimension so as to make such. lot, yard or .open space less than the
minimum required by this Title, and if the existing yard or other open space is less than the
minimum required, it shall not be further reduced. No required .open space provided
around any building. or structure shall be included as part of any open. space .required for
another structure,
A. Exceptions: The following. shall not be considered as encroachments on yard
setback requirements:
17-5
1. Cantilevers up to ten (10) feet in width, chimneys,. flues, leaders, sills,
pilasters, lintels, ornamental features, cornices, eaves, gutters, and. the like,
provided they do not project more than two (2) feet into a yard.
2. Except as maybe limited within Environmental Protection Districts, terraces,
steps, decks, uncovered.. porches, stoops or similar structures limited to the
heighfi of the ground floor level of the principal structure may extend to within
five (5) feet of side yard and. ten (10) feet of rear yard lot lines, but not more.
than five (5) feet into a required front yard or side yard adjacent to a public
right-of--way.
3. Recreational and laundry drying equipment, arbors and trellises, gazebos,..
and air conditioning or heating equipment shall be allowed only in a rear or
side yard, provided they are at a distance of five (5) feet from any lot line. No
encroachment shall be permitted in existing or required drainage and/or
utility easements..
4. In the Rural and Residential Districts, a one story entrance for a detached
single-family or two-family dwelling may extend into the front yard setback.
not more than five (5) feet, subject to the approval. of an administrative
permit.
5. No encroachment'shall be permitted in existing or required drainage and
utility easements.
B. .Restricted Uses. And Areas: In the case of a residential lot in an RS-2, RS-3, or
RS-4 District backing onto a floodplain, a public open space, park, or other such
similar publicly reserved and development restricted areas (excluding shorelands,
wetlands, andstreets), the required rear yard setback may be reduced one (1) foot
for eachfive (5) feet of public. space, but in no caseshall the rear yard requirement.
be reduced to less than twenty (20) feet.
C. Required f=ront Yard Setback Exceptions: In the case of lots platted. prior to January
1, 1985, the principal building setback requirements for front and side yards
adjacent to a public right-of-way, as established by the respective zoning districts,
may be reduced upon the approval of an administrative permit, to a distance
equaling the average setback of principal buildings ,within the. block frontage in
which the lot is located. In no case shall this distance be less than fifteen (15) feet,
nor shall a principal structure be placed more than .seven (7) .feet beyond the
setback of any principal structure on a directly abutting lot.
D. Triangular Lots: In the case of triangular lots, where. the rear lot line is a single
vertex, the rear yard setback points of reference shall be determined by measuring
the length of the setback distance from the vertex along the side lot .lines. The rear
setback line shall be determined by traversing the lot and connecting these. points
of .reference.
17-6
11-17-13: MINIMUM FLOOR AREA PER DWELLING UNIT:
A. Single-Family Dwelling Units: Except as otherwise specified in the zoning district
provisions, or except as allowed by conditional use permit based upon justifiable
cause, single-family homes as classified below shah have the following minimum
floor areas per unit:
One and two bedroom 960 square feet above grade
Three bedrooms or more 1,040 square feet above grade
B. Multiple Dwelling Units: Except as otherwise specified in zoning district provisions,
or except as allowed by conditional usepermif based upon justifiable cause, living
units classified as multiple dwelling (excepting elderly housing) shall have the
.following minimum floor areas per unit:
Efficiency units. 500. square feet
One bedroom units 700 square feet
Two bedroom units 800 square feet
More than two bedroom
units ~ An additional 80 square feet for each
additional bedroom
C. Elderly (Senior Citizen) Housing: Except as otherwise specified in the zoning district.
provisions, or except as allowed by conditional use permit based upon justifiable
.cause, living units classified as elderly (senior. citizen) housing units shall have the
following minimum floor areas per unit:
Efficiency units 440 square feet
One bedroom 520 square feet
More #han one bedroom An .additional 80 square feet for
units each additional bedroom
D. Two Family, Manor Homes, Quadraminiums And Townhouses: Except as otherwise
specified in the zoning district provisions, or except as allowed by conditional use
permit based upon justifiable cause, two family, quadraminiums, manor homes, and
townhouses, as classified below, shall have the minimum floor area. per unit:
Two Family 650 square feet first floor above
grade, plus 100 additional square
feet .for each bedroom
Quadraminiums and 600 square feet firstfloor above
manor homes, townhouses grade, plus 100 additional square
feet for each bedroom
17-7
11-17-15: EFFICIENCY APARTMENTS: Except for elderly (senior-citizen) housing, the
number of efficiency apartments in multiple family dwellings shall not exceed one (1) unit
or ten (10) percent of the .total number of dwelling units in the building, whichever is
greater. In the case of elderly (senior citizen) housing, .efficiency apartments shall. not
exceed thirty (30) percent of the total number'of apartments.
11-17-17: MINIMUM FLOOR AREA, COMMERCIAL AND INDUSTRIAL STRUCTURES:
Commercial and industrial buildings. (principal structure) having less than one thousand
(1,000) square fleet of floor area may only be allowed upon approval of a conditional use
permit as provided for in Section 11-3-2 of this Title.
11-17-19: MINIMUM LOT AREA, UNSEWERED LOTS: Lot sizes where public sewer is
not available shall conform to the minimum requirements set forth below:
A. Single Family Dwelling:.
1. Except as herein provided, the minimum single-family lot size is ten (10)
acres.
2. The minimum lot size of ten (10) acres shall not apply to smaller separate
parcels of record in separate ownership .lawfully existing prior to November
7, 1977, 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.
B. Dwelling unit. structures other than single family detached units are prohibited.
C. Non-Residential Buildings and Uses: Subject to the other provisions of this Title,.
other uses, as allowed within the respective zoning districts, may be allowed on
unsewered lots by conditional use permit, provided that.
1. Except as herein provided, the minimum lot size for each principal use is ten
(10) acres. The minimum .lot size shall not apply to smaller separate parcels
of record in separate ownership lawfully. existing prior to .November 7, 1.977,
provided the conditions of the .conditional use permit are met.
2. A conditional. use permit shall. not be granted unless it can be demonstrated
bymeans satisfactory to the City that the use:
. a. Will not result in ground water, soil or other contamination which may
endanger the public health.:
17-8
b. Will not increase future City utility service demands and expense.
c. Willnot jeopardize public safety and general welfare.
11-17-21: EXCEPTIONS TO LOT AREA DEFINITIONS:. Exceptions to the Lot Area
Definition Provided for by Chapter 2 of this Title For Lots Of Record Created After January
1, 1994 {Not Including Preliminary Platted Lots Having Legal Standing On January 1,
1994):
A. Steep Slopes: Subject to the approval of the City Council, lots containing slopes
steeper than three to one (3:1) may be included in the lot area minimum provided
that:
1. If applicable, flood control measures are implemented.
2. The construction will'not adversely affect area storm water drainage.
3: Natural vegetation is protected and preserved pursuant to applicable tree
preservation policies and regulations and shoreland zoning district
..standards.
4. The structure conforms to the natural. limitations presented by topography
and soil so as to create the least potential of soil erosion.:
5. Appropriate measures are utilized to control erosion subject to the approval
of the City Engineer.
B. Lot Area Expansion: The minimum. gross lot area shall not be required to be
expanded by more than one hundred (100) percent as a result of excluding"major
drainageways", as defined by the Comprehensive Storm Drainage Plan, wetland,
waterbodies, road rights of way, required buffer strips, regional. utility/pipeline.
easements, and slopes steeper than three to one (3:1).
11-17-23: SINGLE-FAMILY DWELLINGS: All single-family detached homes except in the -
RSMH District and in approved manufactured home parks shall
A. Be constructed upon a continuous perimeter foundation that meets the
requirements of the State Building Code.
B. Not be less than thirty (30) feet in length and not less than twenty-two (22) feet in
width over that entire minimum length. Width measurements. shall .not take into
account overhangs and. other projections beyond the principal walls. Dwellings shall
also meet the minimum floor area. requirements as set out in this Chapter.
17-9
C. Have an earth covered, composition, metal, shingled or tiled roof.
D. Receive a building permit. The application for a building permit in addition to other
information required shall indicate. the height, size, design and the appearance of
all elevations of the proposed building and a description of the. construction
materials proposed to be used,. and the delineation of future deck, porch and/or
garage additions, whether. or not such construction is intended. The exterior
architectural design of a proposed dwelling may not be so at variance with, nor so
similar to, the exterior architectural design of any structure or structures already.
constructed or in the course of construction in the immediate neighborhood, nor so
at variance with the character of the surrounding neighborhood. as to adversely
affect the public health, safety or general welfare.
E. Meet the requirements of the State Building Code or the applicable manufactured
housing code.
11-17-25: BUILDING RELOCATION/MOVING: Such. activity shall comply with Title 9,
Chapter 2 of the City Code and. receive an administrative permit in compliance with
Chapter 8 of this Title if a dwelling proposed to be moved into the City or to be relocated
within the City has been previously occupiedas adwelling.
17-10
CHAPTER 18
ACCESSORY BUILDINGS, STRUCTURES, USES AND EQUIPMENT
SECTION:..
11-18-1: Purpose
11-18-3: Agricultural Buildings
11-18-5: Conditional Use Permits
11-18-7: Single Family Attached and Detached Accessory Uses
11-18-9: All Zoning Districts
11-18-11: Waste and Recycling Receptacles and Enclosures
11-18-13: .Sales in Residential Areas (Accessory Use)
11-18-1: PURPOSE: The .purpose of this Chapter is to provide performance standards
.for the erection, siting: and use of accessory buildings, structures and uses that may be
allowed within the various zoning districts to ensure compatibilitythe principal use and with
surrounding properties, as well as to protect the general health,. safety and welfare of the
.community.
11-18-3: AGRICULTURAL BUILDINGS: A ricultural buildin son farm ro erties are
g 9 p p
exempt from the requirements of .this Chapter.
11-18-5: CONDITIONAL USE PERMITS: Application for a conditional use permit.
under this .Chapter shall be regulated by Chapter 4 of this. Title. Such a conditional use
permit may be granted provided that:
A. There is a demonstrated need and potential for continued use of the structure for
the purpose stated.
B. No accessory building or private garage shall be utilized for all or a portion of a
home occupation.
C. The accessory building has an evident reuse or function related to asingle-family.
residential environment in urban service areas or hobby farm environment in non-
.urban service areas of the City.
D. Detached accessory buildings shall be maintained in a manner that is compatible
with the adjacent residential uses and does not present a hazard to public health,
safety and general .welfare.
18-1
E. The performance standards and criteria of Section 11-4-7 of this Title shall be
considered and a determination made that the proposed activity is in compliance:
..with such criteria.
11-18-7: SINGLE FAMILY ATTACHED AND DETACHED ACCESSORY USES:
A. No building permit shall be issued for the construction of more than one (1)
detached accessory building. on a single. parcel in addition to one (1) private garage
(attached or detached), except by conditional use permit.
B. Detached accessory buildings less than one hundred twenty (120) square feet in
floor area shall be allowed without issuance of a building permit, buf shall comply
with all other provisions of this Title. Such buildings shall receive site plan approval
before they are constructed or moved onto property. The Building Official shall
review the site plan and construction drawings to determine compliance with this
Zoning Title. and other applicable ordinances, laws, and regulations.
C. Setbacks and. Encroachment:
1. For corner lots within the RS-3, RS-4, and RS-CBD District, private garages
(attached or detached) that .are oriented so that vehicle access is directly
straight in off of a public street adjacent to the side lot line shall be set back
not less. than. twenty-five. (25) feet from the side Lot line abutting the public
right-of-way.
2. Detached accessory buildings .not exceeding one hundred twenty (120)
square feet in floor. area:
a. All detached accessory buildings less than one. hundred twenty (120)
square feet shall be set .back at least six (6) feet from any other
building. or structure on the same lot and shall. not be located within
a required buffer yard or drainage and/or utility easement..
b. Such structures may encroach into the required side or rear. yard
setbacks when located in the rear yard of the lot, except in the case
of a side yard of a corner lot abutting a public street.
c. ...When encroachment into required side or rear yard setbacks is
allowed, such detached accessory buildings shall be set back at least
five (5) feet from all adjoining lots.
3. Detached accessory buildings exceeding one hundred twenty (120) square.:
feet in floor area:
18-2
a. All detached accessory buildings in excess of one hundred twenty
(120) square feet shall be set back. at least ten (10) feet from any
other building ar structure on the same lot, and .shall not be located
within a required buffer yard or drainage and/or utility .easement...
b. Such structures may encroach into the required side or rear yard
setbacks when located in the rear yard of a lot, except in the case of
aside yard of a corner lot abutting a public street.
c. When encroachment into required side or rear. yard setbacks is
allowed, such detached accessory buildings shall be set back at least
ten (10) feet from all adjoining lots.
d. In the RS-CBD District, detached accessory buildings shall be set
back at' least five (5) feet from side lof lines.
D. Attached .Private Garages: A private garage attached to the principal building shall
not exceed one thousand (1,000) square feet as measured by interior dimensions
and shall be subject to all building and setback requirements. of the principal
structure, except as provided for herein.
E. Animal Enclosures:
4. Notwithstandin Se i - - estic
g cton 11 18 7.C, dom animal enclosures shallnot be
.placed in the front yard or in the side yards abutting a street, shall not be
placed closer than ten (10) feet to any property line, and shall notbe placed.
closer than twenty-five (25) feet to any dwelling unit other than on the
.owner's property.
2. No encroachment shall be permitted in existing or required buffer yard or
drainage and/or utility easements.
3. Screening and/or a hard surface will be required if problems occur with
appearance, noise,. odor, and sanitation as determined by the Zoning
Administrator..
4. No such enclosure shall exceed one fiundred twenty (1.20) square feet,
unless approved through an administrative permit.
F. Ice Fishing Houses: Unless mounted on a trailer or equipped with wheels, ice
fishing houses or other such structures used or designed to be used as temporary...
shelters shall be considered accessory buildings and shall be subject to the
setback, square footage and other regulations of this Title...
18-3
G. Compost structures and firewood piles shall be considered accessory uses, shall
be limited to rear yards, and shall be subject to setback, square footage and other
requirements of this Title.
11-18-9: ALL ZONING DISTRICTS:
A. Time of Construction` No detached accessory building or structure shall be
constructed on any lot prior. to the time of construction of the principal building to
which it is accessory.
B. Any structure which requires a building permit or which is thirty (30) inches or more
in height shall be subject to setback, floor area and other requirements of this Title.
C. Height: The height of an accessory building shall be .measured from° he mean
ground level to the.. uppermost point of the .roof. Except as expressly permitted by
.conditional use permit, accessory buildings shall comply with the following height
limitations:
1. Detached single family dwellings:
Zoning Maximum Zoning Maximum
District Height District Height
A-P 20 feet RST-1 15 feet
R-A 20 feet RST-2 15 feet'
RS-1 15 feet RM-1 15 feet
RS-2 15 feet RM-2 15 feet
RS-3 15 feet RH-1 15 feet
RS-4 15 feet RH-2 15 feet
RS-CBD 15 feet
2. Detached accessory buildings other than garages shall be limited to fifteen
(15) feet in height on all two-family, manor house, quadraminium or
townhouse-unit lots.
3. Detached accessory buildings and structures shall be limited to twenty (20)
feet in height for all multiple family and non-residential uses.
D. Area Limitations:
1. Except for agricultural buildings on farms, as provided for by Section 11-18-
9.D.2, or as expressly permitted by conditional use permit and permitted by
a homeowners association when applicable, the combination of accessory
.buildings and garages shall not exceed either of the following area.
limitations per unit; whichever is least; but in no case shall exceed the size
of the principa! structure.
18-4
Zoning District Use Percentage of Minimum Lot Maximum Allowable
Area That May Be Occupied Floor Area Per Unit
by the Accessory Building (sq. ft)
A-P All Uses Not Applicable Not. Applicable
R-A Single Family 3% 13,068
RS-1 Single Family 10% 2,000
RS-2 Single Family. 10% 1,500
RS-3 Single Family 10% 1,100 (interior lot)
1,250 (comer lot)
RS-4 Single. Family 10% 656 (interior lot)
788 (comer lot)
RS-CBD Single Family 10% 656 (interior lot)
788 (comer lot)
RST-1 Single Family 10% 1,500
Two Family 10% 750
RST-2 Single Family & 10% 656 (interior lot)
Detached Townhomes 788 (corner lot)
Two (amity 10% 750
RM-1 Single Family. 10% 656 (interior lot)
788 (corner lot)
Two Family 10% 750
Townhouse 10% 750
RM-2 Single Family 10% 656 (interior lot)
788 (corner lot)
Two Family 10% 750
Townhouse 10% 750
RH-1 Single Family 10% 656 (interior lot)
788 (corner lot)
Two Family ` 10% 750
Townhouse 10% 750
.RH-2 Single Family 10% 656 (interior lot)
788 (corner lot}
Two Family 10% 750
Townhouse 10% 750
18-5
2. For .lots in the R-A District and for lots in the RS-1, RS-2, and RS-3 Districts
one (1) acre or larger, a garage. attached to the principal building shall not
exceed the following:
a. Single family homes with an above-grade finished floor area of more
.than two thousand (2,000) square feet are permitted the following
(1) A maximum attached garage area of one thousand. two
hundred fifty (1,250) square feet.
(2) A detached accessory building area of not more than one
hundred twenty (120) square feet is permitted in addition to the
attached garage provided for by subsection 2.a(1) above.
(3) Attached garages on lots of record created after January 1,
.1994 and pre-1.994 lots greater than one acre may exceed one
thousand two hundred-fifty (1,250) square feet by conditional
use permit subject to the provisions1isted in Section 11-18-5
of this Title.
3. Storage spaces. located directly below attached garages shall not be
considered in determining allowable accessory building floor~area.
E. Exterior Building Material: The same or similar quality and scale. exterior buildin
g
materials shall be used in the accessory buildings as in the principal building.. All
accessory buildings shall also be compatible with the principal building on the lot.
"Compatible" means that the exterior appearance of the accessory building is not
at variance with the principal building from. an aesthetic and. architectural. standpoint
as to cause:......
1. A difference to a degree to cause incongruity.
2. A nuisance.
11-18-11: WASTE AND RECYCLING RECEPTACLES AND ENCLOSURES: All waste
and recycling receptacles shall be stored within the principal structure or.within an
accessory enclosure area, totally screened from eye level view. All enclosures and
receptacles shall be kept in a good state of repair_and waste receptacles shall include
secure lids or covers to properly contain the waste.-All waste and recycling receptacles
not contained within principal structures shall. be enclosed in conformance with the
following:
A. Exterior Walls: Exterior wall treatment shall be of similar color and. materials, and/or
complement the principal structure.. Exterior walls shalt be at least six. (6)`feet in
height and provide a minimum opacity of eighty (80) percent.
18-6
B. Location: The enclosure shall be located in the side or rear yard and comply with
setback requirements..
C. Exception: In the 1-CBD, I-1, and 1-2 Districts, recycling receptacles do not have to
be enclosed or screened, but shall. be located in the-'side yard, except in the case
of a corner lot, or rear yard,. shall comply with accessory, building setback
requirements and shall not contain any putrescible material
p. Accessibility: The enclosure must be accessible to waste and recycling collection
vehicles.
E. The trash/recycling receptacles shawl be fully: screened from view of adjacent
properties. and the. public right-of-way.
F. The design and construction of the trash enclosure shall require a building permit
r and shall be subject to the approval of the Building Official
G. Noise emanating from trash collection activities shall be minimized so as not to
constitute a nuisance as defined and regulated by Title 4 of the City Code. .
H. Recycling. space shall be provided as required by the Minnesota .State Building`
Code....
L Landsca in shall be rovided surroundin trash enclosures. to screen the structure
p g p g
from view. of the public right-of-way and residential properties.
11-18-13: SALES IN .RESIDENTIAL AREAS..{ACCESSORY USE)
A. ..Personal vehicles, recreational vehicles and equipment and similar merchandise
offered for sale in residential zoning districts shall comply. with the following:
1. The merchandise sold in residential areas shall be the personal property of
the occupant.
2. Sales of personal merchandise herein. addressed shall be limited to no more
than two (2) items per calendar year, unless .approved by the Zoning
Administrator.
3. Merchandise items for sale shall not be parked in any portion of the public
right-of-way, public boulevard, or required front yard except a designated,
improved driveway.
4. For sale signs on or in such merchandise shall. be limited to two (2) square.
feet.
18-7
B. Garage. or rummage sales conducted in residential zones shall comply with the
following:..
1. Merchandise offered for sale shall be the personal property of the occupant
unless approved by the Zoning Administrator.
2. Sales shall be limited to a maximum of four (4) consecutive. days and
occurring no more than two (2) times within one (1) calendar year per
property.
3. Signs shall be governed by Chapter 23 of this Title.
18-8
CHAPTER 19
OFF-STREET PARKING REQUIREMENTS
SECTION:
11-19-1: Purpose
11-19-3: Application Of Off-Street Parking Regulations
11-19-5: Site Plan Drawing Necessary
11-19-7: General Provisions
11-19-9: .Maintenance
11-19-11: Location
11-19-13: Number Of Spaces Required
11-19-15: Off-Street. Bicycle and Motorcycle Parking
14-19-17: Joint Facilities
11-19-19: Off-Site Parking
11-19-21: CBD District Parking
11-19-1: PURPOSE:. The regulation of off-street parking spaces in this Title is to alleviate
or prevent congestion of the public rights of way and to promote the safety and general
welfare of the public, by establishing minimum. requirements for off-street parking of motor
vehicles in accordance with the intensity of utilization of various parcels of land or
structures...
11-19-3: APPLICATION OF OFF-STREET PARKING REGULATIONS: The regulations
and requirements set forth herein shall apply to all off-street parking facilities in aU of the
zoning districts of the City.
11-19-5: SITE PLAN DRAWING NECESSARY: All applications for a building permit or
a certificate of occupancy in all zoning districts shall be accompanied by a site plan, as
specified in Chapter 9 of this Title, indicating the. Location of off-street parking and loading
spaces in compliance with the requirements set forth in this Chapter.
A. 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.
B. .For lots of record and preliminary platted lots having legal standing established on
January 1, 1994, all site plans for single family homes shall provide for the location
of a two (2) stall. garage, whether or not construction is intended.
19-1
11-19-7: GENERAL PROVISIONS:
A. Floor Area: The term "floor area" for the purpose of calculating the number of off-
street parking spaces required shall be determined on the basis of the exterior floor
area dimensions of the buildings, structure or use times the number of floors, minus
ten (10) percent, except as may hereinafter be provided or modified.
B. .Reduction Of Existing Off-Street Parking Space Or Lot Area: Off-street parking.
spaces and loading spaces or lot area existing upon the effective date. hereof. shall
not be reduced in number or size unless said number or size exceeds the
requirements set forth herein for a similar new use.
C. Change Of Use Or Occupancy Of Land: No change of use or occupancy of land
already. dedicated to a parking area, parking spaces, or loading spaces shall. be
made, nor shall any sale of land, division or subdivision. of land be made which
reduces area necessary for parking, parking stalls, or parking requirements below
the minimum prescribed by this Title.
D. Change Of Use Or Occupancy Of Buildings: Any change of use or occupancy of
any building or buildings including additions thereto requiring more parking area
shall not be permitted until there is furnished such additional parking spaces as
required by this Title.
E. Disability Accessible Parking: Disability accessible parking spaces .shall be
provided `as applicable .pursuant to Minnesota Statutes 168.021, as may be
amended.....
F. Restrictions On Parking:
1. Required accessory off-street parking spaces in any district shall not be
utilized for open storage, sale or rental of goods, storage of inoperable
...vehicles,. and/or storage of snow. All site plans required. by this Title shall
illustrate the size and location of snow storage space on the property in
question.
2. Except as may be otherwise allowed by this Title, on- and off-street parking
facilities accessory to a residential use shall be utilized solely for. the parking
of licensed and operable motor vehicles not to exceed twenty-two (22) feet
in length and eight (8) feet- in height; and recreational vehicles and
equipment: Exceptions, for cause and in compliance with the .intent. and
purpose of this Title, may be approved by the Zoning Administrator as an
administrative permit::
3, Under no circumstances shall required parking facilities accessory to
residential structures be used for the storage of commercial vehicles or
19-2
equipment or for the parking of automobiles belonging to the employees,
owners, tenants, or customers of business or manufacturing establishments.
4. Except. where specifically allowed, contracting,. excavating equipment, or
other commercial vehicles and equipment may not be parked or stored on
.any property in the City unless it is being used in conjunction with a
temporary service benefitting the premises.
G. No motor vehicle repair work of .any kind shall be permitted in conjunction with
exposed off-street parking facilities, except for temporary (not exceeding eight (8)
hours) minor repairs of vehicles owned by the occupant or resident of the principal
use for which the parking space is intended. No exterior storage of car parts is
allowed at any time.
H. Calculating Space:
1. When determining the number of off-street parking spaces results in a
.fraction, each fraction of one-half. ('/2) or more shall constitute another space.
2. In stadiums, sports arenas, churches and other places of public assembly in
which patrons or spectators occupy benches, pews or other similar seating.
facilities, each eighteen (48) inches of such design. capacity seating. facilities
shall be counted as one seat for the purpose of determining requirements.
3. Except as provided for under joint parking and for shopping centers, should
a structure contain two (2) or more types of use, each .use shall be
calculated separately for. determining the total off-street parking spaces
required.
L Stali, Aisle And Driveway Design:
1: Except .for single family and two family residential uses or as otherwise
provided for herein, all off-street parking facilities shall conform with the.
following design standards:
19-3
PARKING LOT DIMENSIONS TABLE*
Curb Curb
Angle Of Stall Length Stall Aisle Angle Of Stall Length Stall Aisle
Parking Width Per Car Depth Width Parking Width Per Car Depth Width
0° 9'0" 23' 0" 9' 0" 12'0" 50° 9'0" 11' 9" 20' S" 12,0„
9'6" 23' 0" 9' 6" 12,0" 9'6" 12' 5" 20' 9" 12'0"
10'0" 23' 0" 10' 0" 12'0" 10'0" 13' 2" 21' 0" 12'0"
20° 9'0" 26' 4" 15' 0" 11'0" 60° 9'0" 10' 5" 21' 0" 18'0"
9'6" 2710" 15' 6" 11'0" 9'6" 11' 0" 21' 3" 18'0"
10'0" 29' 3" 15'11" 11'0" 10'0" 11' 6" 21' 6" 1$'0"
30° 9'0" 18' 0" 1 T 4" 11'0" 70° 9'0" 9' 8" 21' 0" 19,0"
9'6" 19' 0" 1T10" 11'0" 9'6" 10' 2" 21' 3" 18'6"
10'0" 20' 0" 18' 3" 11'0" 10'0" 10' 8" 21' 3" 18'0"
40° 9'0" 14' 0" 19' 2" 12,0" 80° 9'0" 9' 2" 20' 4" 24,0„
9'6" 14'10„ 19' 6" 12,0„ 9'6" 9' 8" 20' 5" 24,0"
10'0" 15' 8" 19'11" 12'0" 10'0" 10' 3" 20' 6" 24'0"
45° 9'0" 12' 9" 19'10" 13'0" 90° 9'0" 9' 0" 20' 0" 24'0"
9'6" 13' 5" 20' 2" 13'0" 9'6" 9' 6" 20' 0" 24'0"
10'0" 14' 2" 20' 6" 13'0" 10'0" 10' 0" 20' 0" 24'0"
•
*This table pertains to awall-to-wall situation. In calculating dimensions, two feet
(2') may be subtracted from. each stall depth for each overhang and overlap.
No subtraction for overlap is allowed for angles greater than sixty degrees
(60°).
Parking Area and Drive Setbacks
Dimension Land Use Setback
Front yard and side yard abutting a street R Districts 30.0'
setback of parking and drive to lotline**
Commercial Districts 15.0'
Industrial Districts 15.0'
Interior side and rear yard R Districts 5.0'
setback of parking to lot line**
Commercial Districts 5.0'
Industrial Districts 5.0'
Joint or combined parking facilities on separate lots as authorized and when constructed
adjacent to a common lot line separating two (2) or more parking areas are not required to
observe the parking area setback from such. common lot line. For commercial and industrial
uses, side and rear yard setbacks shall be increased to front yard setback requirements
.when such side or rear yard abuts an R District.
19-4
8 Curb length per eor 3I tl ~
b3roll width d~e--~{ +~9~
II h
C Angle of porkirg C ~ ' ~
d Sro11 depth ~ } I
'a
e Aisle width e`~ ~r ~ i' ~
~ ~
,
f Stall length / ~ ~
a ~ , ~
g Overtop
h Overharp 1 f
2. Parking Space Size: Except as may be specifically provided herein, parking
..space shall be not less than nine (9) feet wide and twenty (20) feet in length
exclusive of snow storage and access aisles, and each space shall be
served by access aisles as required by this Chapter.
3. Within Structures:
a The off-street parking requirements may be furnished by providing
a space so designed within the principal building or detached.
accessory structure.
b. Unless alternative provisions in compliance with this Chapter and
Title are made, no building permit shall be issued to convert said
parking structure into a dwelling unit or living area or other activity.
4. Circulation:
a. Except in the .case of single family, two-family, townhouse and
quadraminium dwellings, access and parking areas shalt be
designed so that circulation between parking bays or aisles occurs
withinthedesignated parking lot and does not depend upon. a
public street or alley.
b. Except in the case. of single family, two family,. townhouse and
quadraminium dwellings, access and.. parking area design. which.
requires backing into the public street is prohibited.
5. Parking Arrangement;. Subject to approval of an administrative permit by the
Zoning Administrator, the .required parking paces serving one- and two-
family dwellings constructed prior to August 1, 2000 maybe designed for
19-5
parking not more than two (2) vehicles. in a tandem arrangement for each
dwelling unit in order to comply with the requirements of this Chapter. In no
case shall such space project into a sidewalk, or public or private street or
driveway.
6. Curb Cut Location/Driveway Access Spacing: Curb cut locations and
driveway access spacing shall meet the following setbacks:
MINIMUM DRIVEWAY DISTANCE FROM INTERSECTING STREET
Nearest Intersecting Street Minimum
Spacing
Between
Minor Minor Adjacent
Local Minor Major Arterial Arterial Driveways
Street With Pro osed Drivewa Street Collector Collector Low Densi Hi h Densi
Local Street
Residential 40 ft. 40 ft. 50 ft. 50 ft. 50 ft.
Indiv. Com./Indust./Instit./M.F. 50 ft. 50 ft. 90 ft. 90 ft. 90 ft. 50 ft.
Multi le Commercial 90 ft. 90 ft. 125 ft. 125 ft. 125 ft. 100 ft.
Minor Collector
Residential 40 ft. 40 ft. 50 ft. 50 ft. 50 ft. -
Indiv. Com./Indust./Instit./M.F: 50 ft. 50 ft. 90 ft. 90 ft. 90 ft. 50 ft.
Multi le Commercial 90 ft. 90 ft. 125 ft. 125 ft. 125 ft. 100 ft.
Major Collector
Residential N.P. N.P. N.P. N.P. N.P. N.P.
Indiv. Com./Indust./lnstit./M.F. 90 ft. 90 ft. 220 ft. .220 ft. 220 ft. 200 ft.(A)
Multi le Commercial 125 ft. 125 ft. 220 ft. 220 ft. 220 ft: 200. ft. A
Minor Arterial (Low Density)
Residential (B) N.P. N.P. N.P. N.P.. N.P.. N.P.
Indiv. Com./Indust./Instit./M.F. N.P. N.P. N.P. 660 ft. .660 ft. 230 ft.(B)
Multi le Commercial N.P. N.P. N.P. 660 ft. 660 ft. 230 ft. B
Minor Arterial (High Density)
Private Residential N.P. N.P. N.P. N.P. N.P. N.P.
Indiv. Com./Indust./Instit./M.F. N.P. N.P: N.P. N.P. N.P. 230 ft.(B)
Multi le Commercial N.P. N.P. N.P. N.P. 660 ft. 230 ft. B
Parkway (C)
Private Residential N.P. N.P.. N.P. 220 ft.(D) 220 ft.(D)
Indiv. Com./Indust./Instit./M.F. N.P. N.P. N.P. 220 ft:(D) 220 ft.(D)
Multi Ie Commercial N.P. N.P: N.P. 220 ft. D 220 ft. D
N.P. =Not permitted.
(A) Assumes a speed of 40 mph.
(B) Assumes a speed of 45 mph.
(C} Full. median opening to be located. at public streets, institutions and at minimum spacing of 600 feet.
D Ri ht in - ri ht out.
a. The land uses identified in the aforementioned table reflect the site
zoning designation.
b. Residentialland uses identified in the aforementioned table are
limited to single-family, two-family, townhome, quadraminium, and
manor home dwellings.
19-6
c. Street functional classification shall be defined by the Lakeville
Comprehensive Plan.
d. The setback measurement -shall be measured from the edge of the
street right of way to the nearest edge of the curb cut.
e. Driveways onto arterials and. major .collectors shall be prohibited
where. alternative street access is .available. For existing lots of
record, where alternative access is not available, direct access onto
arterial and major collectors may be permitted, provided a site plan is
submitted for review and approval of the .City. Engineer or the City
Traffic Consultant, Approval is also subject to the conditions of
subsectionl.6.f.4 of this Section.
f. Location of driveways .less than the distances specified in the
aforementioned table.
1. Driveway access onto minor collector streets may be located
less than one hundred twenty-five (125) feet from the nearest
intersection if the intersection is signalized. The driveway
access shall be limited to righ# turns into and out of the
property and subject to City Engineer or City Traffic Consultant
approval. Approval is also subject to the .conditions of
subsection 1.6.f.4 of this Section.
2. Driveway access onto a major collector may be located less
than two. hundred twenty (220) feet from the nearest
intersection if the intersection is signalized. The driveway
access shall be limited to right #urns into and. out of the
property and subjecf to City Engineer or City Traffic Consultant
approval (Approval is also subject to the conditions of
subsection 1.6.f.4 of this Section.)
3. Driveway access onto a minor: arterial may be located less
than six hundred sixty (660) feet (low density) or one thousand
three hundred twenty. (1,320) feet (high density) from. the
..nearest intersection if the ..intersection is signalized. The
driveway access shall be limited to right turns into and out of
the property and subject to City Engineer or City Traffic
Consultant.. approval. (Approval is also subject to the
.conditions of subsection 1.6.f.4 of this Section.)
4. Exceptions to the driveway setback standards identified in
subsection 1.6.f.1 through 1.6.f.3 of this Section are subject to
approval of the City Engineer or Traffic Consultant. Approval..
shall not be given if the driveway access, which may result in
19-7
an unsafe traffic condition, interferes with the proper
functioning of the public street. Review criteria shall include,
but not be limited to: sight lines and distances, traffic volumes
and speeds on the public street; intersection controls; street
and driveway spacing; trip generation from the property.
g. Site access will not be permitted within right turn lanes or taper areas
. of a street.
h. As applicable, permits shall also be required from Dakota County and
the Minnesota Department of Transportation..
7. Compliance: Except in the case of single-family, two-family,. townhouse and
quadraminium dwellings, parking areas and their aisles shall be developed
in compliance with the standards outlined in this. Chapter. Except as may be
.required or exempted by the City Engineer, drive aisles and parking stalls
shall be constructed in accordance with the following minimum tonnage
standards:
a. .One and one-half (1.5) inch wear course.
b. .Two (2) inch base course.
c. Six (6) inch aggregate base (Class 5).
d. Subgrade subject to City Engineer's approval
8. Curb Cut Width:
a. No driveway curb cut access shall exceed twenty four feet (24) feet
in width unless approved by the City Engineer.
b. Property access over a surmountable curb shall be limited to the area
of the designated, paved driveway.
9. Property Lines: Except as allowed by administrative permit from the Zoning `
Administrator, curb cut openings shall be a minimum of five feet (5) feet from
the side yard property line in all districts.
10. Grade Elevation:
a. Parking Spaces and Areas: The grade elevation of any parking area
shall not .exceed five (5) percent, except as approved by the City
Engineer.
b. Driveways: Unless. approved by the City Engineer, the grade
elevation of any driveway shall not exceed:
1) Ten (10) percent for single family and two family dwellings.
19-8
2) Five (5) percent for all other uses.
11. Number Allowed: ro ert s e c
Each p p y hall be allowed on urb cut. access for
each one hundred twenty five feet (125) feet of street frontage unless an
administrative permit is approved by the Zoning Administrator. All property
shall be entitled to at least one curb cut. Single-family uses shall be limited
to one curb cut. access per property unless an administrative. permit is
approved by the Zoning Administrator. Administrative permits for additional
curb cuts shall be subject to the following criteria:.
a The additional access is necessary to provide adequate on-site
circulation.
b. The additional access shall create a minimum of conflict with through
traffic movement and shall comply with ..the requirements of thin
Chapter.
12. Surfacing: All areas intended to be utilized for parking space and driveways
shall be surfaced with materials suitable to control dust and drainage. Except
in the case of farm dwellings and farm operations, driveways and parking
stalls shall be surfaced with asphalt, concrete, cobblestone or paving brick.
_ Plans for surfacing and drainage. of driveways. and stalls for five (5) or more
vehicles shall be .submitted to the City Engineer for review and the final
plans shall be subject to the Engineer's written approval.
13. Striping: Except for single-, two-family, townhouse, and quadraminiums, all
parking areas of five (5) spaces or more sha11 be marked with white. or yellow
painted lines not less than four (4) inches wide.
14. Lighting: Any lighting used to illuminate an off-street parking area shall be
hooded and so arranged as to reflect the light away from adjoining property,
abutting residential uses and public rights of way and shall. be in compliance
with Section 11-16-17 of this Title.
15. Curbing And Landscaping: Except for single family, two-family, townhouse
and quadraminiums, all open off-street parking shall .have a perimeter
continuous concrete curb around the entire parking lot. Said curb shall be
subject to the Parking Area and Drive Setbacks table in Section 11-19-7.1 of
this Title. Additional setback may be required to accomodate landscaping..:.
Grass, plantings or screening shall be provided in all. areas bordering the-
parking area as specified by the design guidelines of the Lakeville Corridor
and Gateway Design Study.
19-9
16. Pedestrian Provision: `All off-street parking areas shall be designed with
due regard to pedestrian circulation. Off-street parking areas shall be
designed such that vehicle and. pedestrian circulation is accommodated in
a safe, complementary and orderly fashion. When curb separated sidewalks
are provided at the head of parking stalls, the minimum width shall be five
(5) feet.
17. Required Screening: All open, nonresidential off-street parking areas of five
(5) or more spaces shall be screened and buffered from abutting or
surrounding residential districts in compliance with Chapter 21 of this Title.
18. Parking Lot Landscaping.
a. All exposed parking areas of five (5) or more required spaces shall be
landscaped on all sides in compliance with Chapter 21 of this Title.
b. Within off-street parking facilities for commercial uses. of fifty (50) or
more stalls, irrigated landscaped islands shall be provided at a rate
of one island per twenty-five (25) surface .stalls or fraction thereof.
For the purposes of this Section, all landscaped islands shall be
required to consist of a minimum of one hundred (100) square feet of
area landscape surface. Such islands .shall be contained within
raised, curbed beds consistsent with other applicable parking lot
construction requirements of this Chapter. It is not the intent of this
Section to relieve a project of the installation of islands that are
necessary to promote the safe and efficient flow of traffic, regardless
of parking lot size.
c. No landscaping or screening shall interfere with drive or pedestrian
visibility for vehicle entering, circulating or exiting the premises.
19. Compact Car Spaces: Up to twenty {20) percent of the parking spaces in a
parking lot may be permanently marked for compact cars only, provided that:
a_ The parking lot contains eighty (80) or more off-street parking spaces.
b. Ail compact car spaces are a minimum of eight (8) feet in width and
sixteen (16) feet in length.
c. Signs and markings,. as approved by the City," are placed and
maintained in each compact car space.
d. Ali required off-street parking. aisle widths are maintained,
e. The compact car stalls shall .not displace preferred disability,.
accessible parking stall locations.
19-10
f. `The design, layout, and location of designated compact car spaces.
shall not be located in immediate proximity to building entrances,
shall not encourage utilization by oversized vehicles, and shall be
subject to approval by the Zoning Administrator..
20. Cart Storage: Retail commercial uses shall be required to provide ample.
space for the storage of customer service carts within off-street parking
areas, subject to the approval of the Zoning Administrator.. The need and
specific. amount of required cart storage space shall be determined. as part
of site plan review. When required, cart storage areas shall not occupy
required off-street parking space, shall be clearly delineated, and shall
include facilities for cart confinement.
J. Parking Deferment: The City may allow a reduction in the number of required
parking stalls for commercial,. industrial, and institutional uses by administrative
.permit provided that:
1. The proposed use will have a peak parking demand less than the required
parking under Section 11-19-13 of this Title.. Factors to be considered when
reviewing the proposed parking demand shall include, but not be limited to:
a. Size of building.
b. Type and use
c, Number of employees
d. Projected volume and turnover of customer traffic
e. Projected frequency and volume of delivery or service vehicles
f. Number of company owned vehicles
g. ; Storage of vehicles on site
2. In no case shall the amount of parking provided be less than one=half ('/2)
of the amount of parking required by ordinance.
3. The site has sufficient property under the same ownership to accommodate
the expansion of the parking facilities. to meet the minimum requirements of
this Chapter if the parking demand exceeds on-site supply.
4. On-site parking shall only occur in areas. designed and constructed fore
parking in accordance with this Chapter of this Title.
5. The applicant and Ci#y enter into a development agreement, to be,recorded
against the subject property, which includes a clause requiring the owner to
install the additional parking stalls, upon a finding of the Zoning
Administrator that such additional parking stalls are necessary to
accommodate the use.
1 s-1 a
6. A change of use will necessitate compliance .with the applicable Zoning
Ordinance: standard for parking..
7. Parking deferments, as provided for herein, shall not be .granted for parcels
and uses within the RS-CBD, C-CBD, and I-CBD Districts.
11-19-9: MAINTENANCE:. It shall be the joint and several responsibility of the lessee and
owner of the principal use, uses orbuilding to maintain in a neat and adequate manner,
the parking space, accessways, striping, landscaping,. and required fences/screening.
11-19-11 LOCATION: All accessory off-street parking facilities required by this'Chapter
shall be located and restricted as follows:
A. Lot And Ownership: Required off-street parking shall be on the same lot under the
.same ownership as the. principal use being served, excepfi under the provisions of
Sections 11-19-17 and 11-19-19 of this Title.
B. Direct Access:. Except as allowed by administrative permit for guest parking and
except for single family, .two-family, townhouse and quadraminium dwellings, head-
in parking, directly off of and adjacent to a public street, with each stall having its
own direct access to the public street, shall be prohibited.
C. Off-Street Parking: There shall be no required off-street parking within fifteen (15)
feet of any street surface.
D. Boulevard: The boulevard-portion of the street right of way shall not be used for
parking nor parking calculation.
E. Setback Area: Required accessory off-street parking shall .not be provided in
required front yards or in required side yards adjacent to a public right-of-way in the
case of a corner lot in the A-P, R-A, RS-1, RS-2, RS-3, RS-4, RS-CBD, RST-1, and
RST-2 Districts.
F. Prohibited In Yard: In the .case of single-family, two-family, townhouse. and
quadraminium dwellings parking shall be prohibited in any portion of the front, .side,
or rear yard except on designated driveways leading directly into a garage or one
open, surfaced spacelocated on he side of a driveway, away from the principal
use. Said extra space shall be surfaced with paver bricks, concrete or bituminous
material.
11-19-13; NUMBER OF SPACES. REQUIRED:.. The following minimum .number: of off-
street parking spaces shall be provided and maintained by ownership, easement and/or
lease for and during the life of the respective uses hereinafter set forth:
19-12
Use Number of Re wired Stalls
Single Family Two (2) spaces.
Two Family Two (2) spaces per unit.
Residential Multiple Family, Townhouses, Two and one-half (2.5) spaces per unit. The
Manor Homes City Council may require additional clustered
guest parking for projects with more than eight
(8) units.
Housing for the Elderly. One (1) space per unit. One-half of required.
(Uses with occupancy limited to stalls may be provided at initial development for
persons age 55 and over) projects with occupancy restricted to persons
age 55 and older. The City Council shall
reserve the right to require .additional stalls if
determined necessary.
Auditoriums, Theaters, One (1) space per three (3) seats of design
Religious Jnstitutions, Sports capacity of the main assembly with a maximum
Arenas capacity less than or equal o one thousand
(1,000) persons or one (1) space per two and
one-half (2.5) seats of design capacity of the
main assembly with a maximum capacity
greater than one thousand. (1,000) persons,
plus additional spaces required for adjoined
Institutional facilities, not including sports arenas .(see
below).
Community Center, Physical Ten (10) spaces plus one (1) space per three
Culture Studio, Libraries, hundred (300) square feet over two thousand
Museums (2,000) square feet of floor area for the
principal structure.
Nursing Homes, Rest Homes Residential Care Facility: Two (2) spaces per
unit for uses serving six (6) or fewer persons in
a residential district.
Other: Four (4) spaces plus one (1) space for
each three beds and additional space as
determined by the Zoning Administrator.
Private or Private Non-Profit One (1) space per eight (8) seats of design.
Baseball Fields capacity.
Institutional School, Elementary and Junior One (1) space per seven.. (7) students based
High upon building design.
School, High School and Post One (1) space per three (3) students based on
High School Facilities building design capacity, plus one {1) space per
classroom.
19-13
Use Number of Required Stalls
Animal Hospital/Kennel Five (5) spaces plus one (1) space per five
hundred (500) square feet over one thousand
(1,000) square feet
Auto Sales One (1) space per five hundred (500) square
feet of showroom plus one (1) space for each
three thousand (3,000) square feet of outdoor
sales lot, plus additional parking required for
Commercial/ ancillary service or repair.
Industrial
Auto Repair, Major Bus Eight (8) spaces plus one (1) space per eight
Terminal, Boat/Marine Sales hundred (800) square feet of manufacturing or
and Repair, Bottling Company, display floor area over one thousand (1,000)
Trade Shop with Six or Less square feet
Employees, Garden Supply or
Building Materials Sales
Auto Wash Drive Through: Ten (10) spaces.
Self Service: One (1) space per wash bay.
Motor Fuel Stations: None in addition to that
required for the principal use.
Beauty or Barber Shop Two (2) spaces per chair.
Bowling Alleys Five (5) spaces per lane plus spaces as
required for other uses within the principal
structure.
Central Business District - Three (3) spaces per one thousand (1,000)
Office and/or Retail square feet of floor area.
Commercial Uses, not including
Restaurants
Central. Business. District -All Five (5) spaces per one thousand (1,000)
Restaurant Uses square feet of floor area.
Day Care Facilities In a residential district serving less than twelve
(12) persons: Two (2) spaces per use.
All Others: One (1) space for each four (4)
persons of licenced capacity.
19-14
Use Number of Re wired Stalls
Banks (Remote) One (1) space perthree-hundred (350) square
feet of floor area...
Furniture Sales One (1) space per. four hundred (400) square
feet for first twenty-five thousand (25,000)
square feet, plus one (1) space per six hundred
(600) square. feet thereafter.
Golf Course Four (4) spaces per hole, plus fifty (50) percent
of the requirements for any other associated
use, except in planned residential, resort, or
commercial developments, which have
otherwise. adequate provisions for parking.
Commercial/ Manufacturing One (1) space per three hundred fifty (350)
Industrial square feet of floor area, plus one (1) space
per company vehicle not stored within the
principal structure.
Medical, Chiropractic, Dental Three (3) spaces plus one (1) space for each
Office or Clinics two hundred (200) square feet of floor area.
Motels/Hotels/Lodging or Boarding House: One (1) space per person for
Boarding whom accommodations are provided.
Hotels/Motels: One (1)space per unit,.plusone
(1) space for every (10) units.
Motor Fuel Stations and Auto Four (4) spaces plus two (2) spaces for each
Repair service stall plus other requirements for uses or
sale of goods not directly auto related.
Office Bldgs. and Professional Three (3) spaces plus one (1) space for each.
Offices ;Banks, Public two hundred (200) sq. ft. of floor area
Administration
(Other than Medical)
Restaurants, Clubs, Lodges One (1) space per forty (40) square feet of
dining area and one (1) space for each eighty
(80) square feet of kitchen area.
Restaurant, Drive In or One (1) space per fifteen (15) square feet of
Convenience Food gross floor area designated for patron queuing,
but not less than fifteen (15) spaces plus one
(1) space per forty (40) square feet ofdining
area and one (1) space for each eighty (80)
square feet of kitchen area.
19-15
Use Number of Re uired Stalls
Retail Commercial Uses (Other) One (1) space per two hundred (200) square
feet
Retail Sales and Service with Eight (8) spaces or one (1) space for each two
Fifty (50) Percent or More Gross hundred (200) square feet of public
Floor Area as Storage/ sales/service area, plus one (1) space for each
Warehouse or Industry flue hundred{500) square feet of storage area.
Shopping. Center Five and one half (5.5) spaces per one
thousand (1,000) square feet of gross leasable
floor area. The total required spaces may be
Commercial/ reduced by up to fifteen. percent based upon
approval of an administrative permit by the
Industrial Zoning Administrator.
Skating Rink, Banquet Hall, Twenty (20) spaces plus one (1) space per two
Private or Public Auction House hundred (200) square feet over two thousand
(2,000) square feet
Truck Wash Three (3) spaces plus one (1) space per
service bay.
Undertaking Twenty (20) spaces per chapel or parlor, plus
one (1) space for each company vehicle
maintained on site. Adequate stacking space
shall also. be provided for staging funeral
processions.
Warehousing Office: One (1) space per two hundred {200)
square feet.
Other: One (1) space per one thousand
(1,000) square feet plus one (1) space per
company vehicle not stored within the. principal
structure.
Uses Not Specified or Not Precisely,ldentified Calculated by Zoning Administrator based
upon, but not limited to, characteristics for
similar uses and professional studies prepared
by APA or ITE.
11-19-15: OFF-STREET BICYCLE .PARKING: Provisions shall be made for the off-
street parking of bicycles in all multiple family and non-residential developments and uses...
Plans fore such facilities: shall be reviewed and evaluated on an individual project. or use
basis as part of site plan review provisions of Chapter 8 of this Title.
11-19-17: JOINT FACILITIES: The City Council may,. after receiving a report and
recommendations from the Planning Commission, approve as applicable a conditional. use.
permit for long-term permanenf joint parking facilities as regulated under the provisions of
Chapter 4 of this Title, or an interim use permit for short-term temporary joint parking
19-16
facilities as regulated under the provisions of Chapter 5 of this Title, for one or more
businesses to provide the required off-street parking facilities by joint use. of one or more
sites where the total number of spaces provided are less than the sum of the total required
for each business should they provide. them separately. When considering a request for
such a permit, the Planning Commission shall nat recommend#hat such permit be granted
nor the Council approve such a permit except when the following conditions are found to
.exist:
A. Up to fifty (50) percent of the parking facilities required for a conference center-,
.theater, bowling alley,. banquet hall, bar or restaurant may be supplied by the off-
street parking facilities provided by types of uses specified as primarily daytime
uses in subsection D of this Section.
B. Up to .fifty (50) percent of the off-street parking facilities required for any use
specified under subsection D of this Section as primary daytime uses may be
supplied by the parking facilities provided by the following nighttime or Sunday
uses: auditoriums incidental to a public or parochial school, religious buildings,
bowling alleys, banquet halls, theaters, bars, apartments, restaurants, or health
clubs.
C. Up to eighty;{80) percent of the. parking facilities required by this Chapter for a
religious building or for any auditorium incidental to a public or parochial school
may be supplied by the off-street parking facilities provided by uses specified under
subsection D of this Section as primarily daytime. uses.
D. For the purpose of this Section .the following uses are considered as primarily.
daytime. uses: banks, business offices, manufacturing, wholesale and similar uses,
as determined by the Zoning Administrator.
E. Conditions required for joint use:
1. The building or use. for which application is being made to utilize the off-
street parking facilities provided by another building or use shall be located
within five hundred (500). feet of such parking facilities.
2. There shall be no substantial conflict in the principal operating hours of the
two (2) buildings or uses (for which joint use of off-street parking facilities is
proposed).
3. A properly drawn legal instrument, executed by the parties involved in: joint
use of off-street parking facilities, duly approved as to form and manner of
execution by the City Attorney, shall be filed with the City Clerk and recorded
with the Dakota County Recorder.. The legal instrument shall legally bind
all parties. and provide for amendment or cancellation only upon written
approval from the C'rty.
19-17
11-19-19: OFF-SITE PARKING:
A. Any off-site parking which is used to meet the requirements of this Chapter may, as
applicable, be allowed by a conditional use permit for long-term off-site parking'
facilities as regulated under the provisions of Chapter 4 of this Title, or an interim
use. permit for short-term temporary off-siteparking facilities as regulated under the
provisions of Chapter 5 of this Title, and shall be subject to the conditions listed
below.
B. Off-site parking shall be developed and maintained in compliance with all
requirements and. standards of this Chapter.
C. Reasonable access from off-site parking facilities to the use being served shall be
provided.
D. Except as provided by subsection H of this Section, the site used for meeting the
off-street parking requirements of this Chapter shall be under the same ownership
as the principal use being served or under public ownership.
E. Off-site parking for. multiple-family dwellings. shall not be located :more. than two
hundred fifty (250) .feet .from any normally used entrance of the .principal use
served.
F. .Off-site parking for nonresidential uses shall not be located more than five hundred
(500) feet from the main public entrance of the principal use being served. Off-site
parking located more than five hundred (500) feet from the main entrance may be
allowed with the provision of a private shuttle service.
G. Any use which depends upon off-site parking to meet the requirements of this Title
shall maintain ownership and parking utilization of the off-site location until such
time as on-site parking is provided or a site in closer proximity to the principaF use
is acquired and developed for parking,
H. Compliance with off-street parking requirements provided through leased off-street
parking may be approved by the City Council, subject to the following additional
conditions:
1. The lease shall specify the total number and location of parking spaces
under contract and this number, when added to any on-site parking
provided,. must be equal to or exceed the total number of parking spaces
required.
2. The lease instrument shall legally bind all parties to the lease and provide
for amendment or cancellation only .upon written approval from the City.
49-18
3. The lease agreement shall incorporate any other provisions, as
recommended by the City Attorney that are deemed necessary to ensure
compliance with the intent of this Title.
11-19-21: CBD DISTRICT PARKING:
A. Within the C-CBD Zoning District, on-street parking stalls directly abutting a parcel
may be counted in satisfaction of the number of spaces required pursuant to
Section 11-19-13 of this Title.
B. Parking Space Size.
1. For existing off-street parking lots within the C-CBD District, each parking
space shall be not less than eight (8) feet wide and eighteen (18) feet in
length, exclusive of snow storage and access aisles, and each space shall
be served by access aisles as required by Section 11-19-7.1 of Phis Title.
2. Construction of new or expanded parking areas shall be designed in
accordance with the provisions of Section 11-19-7.1 of this Title.
C. Within. the C-CBD .Zoning District, the City may approve development. and uses
which do not comply with the. required number. of parking spaces as an
administrative permit, provided that:
1. A development agreement running with the land is completed in which it is
agreed that the property in question is financially responsible for its
proportionate share of the City. sponsored and provided parking. space
construction, maintenance, and parking site acquisition for new on-street, lot
and/or ramp parking. Said responsibility shall be determined on the basis
of the property's parking space shortage based upon ordinance
requirements, in relationship to_the total parking. space shortage, as defined
by Section 11-19-13 for. a defined service and benefit area. The "service
and benefit area" shall include all properties which benefit from the available
public parking serving a particular. retail and commercial neighborhood or
district.
2. The amount of parking provided on the property in question is the maximum
amount possible, taking into account the use and design objectives of the
CBD District, as outlined by this Title and the :Comprehensive .Plan.
. 3. The parking shortages created by the development are not premature or in
excess of the supply which can be provided by the .City through a public
parking system on a long term basis.
19-19
D. Except as provided for by Section 11-19-21.C, no deferment of required parking
may be granted for parcels within the C-CBD District..
19-20
CHAPTER 20
OFF-STREET LOADING
SECTION:
11-20-1: Purpose
11-20-3: -Number Of Loading Areas Required
11-20-5: Off-Street Loading Required
11-20-7: Location
11-20-9: Surfacing
11-20-11: Accessory Use, Parking And Storage
11-20-13: Screening
11-20-15: Size
11-20-17: Circulation
11-20-19: Construction Standards
11-20-1: PURPOSE:
.The regulation. of loading spaces in this Title is to alleviate or prevent congestion of the
public right of way and. to promote the safety and general welfare of the public by
establishing minimum requirements for off-street loading and unloading from. motor.
vehicles in accordance with the utilization of various parcels of land or structures.
11-20-3: NUMBER OF LOADING AREAS REQUIRED: The number of required off-street
loading areas shall be as follows:
A. Customer drop off spaces shall not constitute off-street loading spaces as may be
required by Section 11-20-3.B of this.Title.
B. Number of Loading .Spaces Required. The number of required off-street loading
area spaces shall be as follows:
20-1
USE REQUIRED
NUMBER OF
LOADING
SPACES.
1. Residential Uses:
a.. Single Family and Two Family Dwellings, None.
Townhomes, Quadraminiums
b. Manor Homes and Multiple Family Dwellings:
1) .Less than 4 dwelling units None
2) .Four to 24 dwelling units 1
3) For each additional 24 dwelling units over 24 1
2. Non-Residential Uses:
Gross Floor Area (Square Feet)
Less than 25,000 1
.:25,001 to 50,000 2
50,001 to 75,000 3
75,000 to 100,000 4
For each additional 50,000 over 100,000 1
C. Reductions to the number of loading spaces required by Section 11-20-3. B of #his
Title may be granted by administrative permit upon determination of facility need.
11-20-5: OFF-STREET LOADING REQUIRED: Any structure :erected or substantially..
altered for a use which requires the receipt or distribution of materials ormerchandise by
trucks or similar vehicles, shall. provide off-stree# loading area as required for a new
structure,
11-20-7: LOCATION:
A. All required loading areas shall be off-street and located on the-same lot as the
building or use to be served.
B. All loading area curb cuts shall comply with standards established in Chapter`19 of
.this Title.
C. Except for uses. allowed within residential districts, or unless located within a
structure, loading areas established after August 1, 2000 shall be prohibited within
one hundred (100) feet of residen#ially zoned orguided property unless completely
screened by an intervening building. Loading areas not screened by an intervening
building shall be screened from adjacent residentially. zoned or guided property by
the use of berms, fences, or walls to provide one hundred (100) percent opacity to
a height of at least ten (10) feet.
20-2
D. Loading areas shall not occupy the` required front yard setbacks in residential
districts and the front yards in commercial and industrial districts, except as
provided herein.
E. Loading areas located at the front or side. of .buildings on a corner lot shall be
reviewed and approved in the following manner:
1. Industrial Zoning Districts: Within the J-CBD, I-1 and 1-2 Zoning Districts,
..loading areas located at the front of a building or side of a building located.
on a corner may be allowed by administrative permit subject to the fol owing
conditions:
a Loading areas shall not conflict with pedestrian movement.
b. .Loading areas shall not obstruct the view of the public right of way
from off-street parking access.
c. Loading areas shall comply with all other requirements of this
Chapter.
d. Loading areas and associated staging areas shall be screened:from
the abutting public rights of way. Said screening shall consist of either.
a screening fence or a greenbelt. planting strip as provided. for by
Section 11-21-9 of this Title.
2. Commercial Zoning Districts: Within the C-1, C-2, C-3, C-CBD, C-W, and CC
Zoning Districts, loading areas shall be located in side or rear. yards away
from public rights of way. Where physical conditions unique to the. site
warrant, loading areas may be located at the front or side of a building
located on a corner lot by conditional use permit subject to the following
conditions:
a Loading areas shall not conflict with pedestrian movement.
b. Loading areas .shall not obstruct the view of the public right of way
from off-street parking access.
c. Loading areas shall comply with all. other :requirements of this
Chapter.
d. Loading areas and associated staging areas shall be screened from
the abutting public rights of way. Said screening shall consist of either
a screening fence or a .greenbelt planting strip as .provided for. by
Section 11-21-9 of this Title.
20-3
F. Each loading area shall be located with appropriate means of vehicular access to
a street or public alley,in a manner which will cause the least interference with
traffic.
11-20-9: SURFACING: All loading areas and accessways shall be improved to control the
dust and drainage according to a plan submitted to and subject. to the approval of the City
Engineer.
11-20-11: ACCESSORY USE, PARKING AND STORAGE: Any space allocated as a
required loading area or access drive so as to comply with the terms of this Title shall not
be used for the storage of goods, inoperable vehicles or snow and shall not be included
as part of the space requirements to meet the off-street parking area.
11-20-13: SCREENING: Except in the case of rnultiple family dwellings all loading areas
shall be screened and landscaped from abutting and surrounding residential uses and
districts and. public rights-of-way in compliance with Chapter 21 of this Title.
11-20-15: SIZE:
A. The first loadin area shall be not less than sevent 70 feet in len th and
g Y ( ) 9
additional areas required shall be not less than thirty. (30) feet in length and. all
loading areas shall be not less than ten (10) feet in width, exclusive of aisle and
maneuvering space, and fourteen (14) feet in clearance height.
B. The size of the loading area may be reduced upon approval of an administrative
permit. To qualify for such exception, the following provisions must be met:
1. It must be demonstrated that the site cannot physically accommodate a
loading area to the size required.
2. It must be demonstrated that semi-trailer truck deliveries will not occur at the
site or all deliveries will occur at such a time as to not conflict with customer
or employee access to the building and parking demand..
11-20-17: CIRCULATION:
A. All maneuvering for off-street loading shall be accomplished on private property.
B. In .addition to the required loading space, all loading spaces shall include a
maneuvering.. area. The maneuvering area shall not use any of that portion of the
.site containing parking stalls or customer service areas. Maneuvering areas shall:
2D-4
be of such size as to permit the backing of truck tractors and coupled trailers into.
the loading space, without blocking the use of other loading spaces, drives, parking
spaces, or maneuvering areas on public right-of-way.
11-20-19: CONSTRUCTION STANDARDS:.. The construction and setback standards
listed in Chapter 19 shall apply to all loading spaces.
20-5
CHAPTER 21
FENCING/SCREENING/LANDSCAPING
SECTION:
11-21-1: Purpose
11-21-3: Corridor and Gatewaybesign Study
11-21-5: Fences
11-21-7: General. Mandatory Landscaping and Maintenance
11-21-9: Required Screening and Landscaping
11-21-11: Tree Preservation
11-21-13: Screening of Mechanical Equipment
11-21-1: PURPOSE: The purpose of this Chapter is to establish. standards for the
installation of fencing, screening, and landscaping as may be required by other Chapters
of this title and to protect the. general health, safety, and welfare of the City.
11-21-3: CORRIDOR AND GATEWAY DESIGN STUDY: The Design Guidelines of the
Lakeville Corridor and Gateway Design Study, adopted on August 2, .1999 are herein
incorporated as the standard and requirements for development of applicable properties
within the City.
11-21-5: FENCES: Fences shall be permitted in all yards subject to the. following:
A. Permit Required: No person except on a farm and related to agricultural uses, but
not including hobby farms, shah hereafter construct or cause to be .constructed. or
.erected within the City any fence without first making an application. for -and
securing a building permit.
B. Locations -Boundary Line Fences:
1. A fence of wood, etc. which requires: periodic. maintenance sha11 be located
no closer than two (2}feet from any side or rear yard )ot line on the property
of the person constructing or causing the construction. of said fence.
2. An exception to the above restriction involving an encroachment up to the
side or rear property line may. be allowed by administrative permit provided
that a fence agreement addressing .construction, maintenance, and repair
responsibilities, as well as trespass rights, is established between the
adjoining property owners and said agreement is determined acceptable to
the City by the City Attorney and filed with the Dakota County Recorder
against the. titles of the respective properties. The fence agreement shall
21-1
provide for amendment or cancellation only upon written approval from. the.
City.
3. A fence which is maintenance-free, such as a chain link of steel, plastic or
vinyl, and is acceptable as such-to the Zoning Administrator, may be
constructed up to the side or rear yard property line.
4. The Zoning Administrator or the Building Official may require the owner of
.the property upon which a fence now exists, or may require any applicant for
a fence permit to establish the boundary lines of the property by a survey
thereof to be made by any land surveyor..
5. No fences shall be placed on or extend into public rights-of-way or onto
public property.
C. Construction And Maintenance:
1. Every fence shall be constructed in a substantial, workmanlike manner and
of substantial material reasonably suited for the purpose for which the fence
is proposed to be used. Every fence shall be maintained~in a condition of
reasonable repair and shall not be allowed to become and remain in a
condition of disrepair or danger, or constitute a nuisance, public or private...
Any such fence which is, or has become dangerous to the public safety,
health or welfare, is a public nuisance, and the Zoning Administrator shall
commence proper proceedings for the abatement thereof.
2. Except as otherwise permitted, security fences, wherever allowed shall. be
constructed in such a manner, that no barbed ends shall be at the top.
3. Electric fences shall only be permitted in the A-P and RA Districts when
related to agriculture,. and. on farms in other districts when related to
agricultural. purposes, but not as boundary fences.
4. Barbed wire fences shall only be permitted on farms related to agriculture.
except as provided for by Section 11-21-5. H.2 of this Title.
5. That side of any fence considered to be its. "face" (i.e., the finished side
having no structural supports). shall face abutting property or street right-of-
way.
D. Solid Walls: Solid walls up to eight (8)#eet in height which are not part of buildings
may be constructed and maintained only in the buildable area of a lot only by an
interim use permit.
21-2
E. Traffic Sight Visibility Triangle: On corner lots,. no fence or screen shall be permitted
within .the area defined as the traffic. sight visibility triangle by Section 11-16-15 of
this Title..
F. Residential Fencing And Screening:
1. Excepfi as provided herein, fences shall beat least five (5) percent open for
passage of air, .light, and drainage.
2. Except as provided herein, fences outside the buildable area of a lot may not
exceed six (6) feet in height.
3. Except as provided herein, fences within the buildable area of a lot or in the
case of a rear lot line at least ten (10) feet from the rear lot line, may not
exceed eight (8) feet in height.
4. Fences extending across front_yards and side yards abutting a public right-
of-way shall not exceed forty two (42) inches. in height. and shall be at least
.seventy five (75) percent open space for passage of air and light and shall
conform to Section 11-16-15 of this Title.
G Swimming Pool Protection:
1. A permit shall be required for swimming pools having. a depth of twenty four
(24) inches at any point and a surface area exceeding one hundred fifty
(150) square feet. Each application for a permit to construct or erect a
swimming pool shall be accompanied by plans of sufficient detail to show:
a. The proposed location of the pool and its relationship to the principal
building on the lot.
b. The size of the pool.
c. Fencing and other fixtures existing and. proposed on the .lot, including
utility location and trees.
d. The location, size and types: of equipment to be used in connection
with the pool, including but not limited to filter. unit, pump fencingand
the. pool itself.
e. That the requirements contained in subsection G2, 3 and 4 of this
Section will be satisfied including submission and approval of a site
.plan.
21-3
2. All swimming pools for which a permit is required and granted shall be
provided with safeguards to prevent. children from gaining uncontrolled.
.access. This can be accomplished with fencing, screening or other
enclosure, or any combination thereof, of sufficient density as to be
impenetrable. If fences are employed, they shall be at least four (4) feet in
height. The bottoms of the fences shal l not be more than four (4) :inches. from
the ground nor shall any open space in the fence. be more than four (4)
inches. Fences shall be of a noncorrosive material and sha11 be constructed
as to be not easily climbable. All fence openings or points of entry into the
pool enclosure shall be equipped with gates or doors. ALI gates or doors to
swimming pools shall be equipped with self-closing and self-latching devices
placedat a sufficient height so as to be inaccessible to all small .children.
The fencing. requirements of this subsection G need only be provided around
the means of .access on above ground pools which-have four (4) feet high,
vertical or outward inclined side walls. Prior to filling the pool,-the approved
fence and/or screen must be completely in place. and inspected and
approved by the City Building Official
3. In all residential districts, swimming pools shall be setback ten (10) feet from.
all adjoining lots and, except for fences and pump. enclosures, shall be
located at least ten (10) feet away from any other building or structure on the.
same lot and shall not be located within a drainage or utility easement.
Swimming pools shall not be permitted in a front yard or in the area between
the street right of way and the minimum required building side yard setback
line.
H. Business And Industrial Fencing:
1. Except in a required front. yard, business and industrial fences may be
.erected up to eight (8) feet in height. Fences in excess of eight (8) feet, not
located in a required front yard, shall require a conditional use permit.
2. Business and industrial fences with barbed wire security arms. shall be
erected a minimum of six (6) feet in height (measured without the security
arm).. The security arm shall be angled in such a manner that it extends only
...over the property of the permit holder and does not endanger the public.
Such security fencing shall be prohibited within a required front yard or when
located along a property line abutting a residential use..
l Special Purpose. Fences: Fences for special purposes and fences. differing in
construction, height or setback that are not constructed within a required front yard
may be permitted in any district as an interim use permit subject to Chapter 5 of this
Title.
21-4
11-21-7: GENERAL MANDATORY. LANDSCAPING AND MAINTENANCE:
A. All exposed ground areas, including street boulevards, and areas not devoted to
off-street parking, drives, sidewalks, patios or other such improvements shall be
.landscaped with grass, shrubs, trees (except in boulevard portions of the public
right-of--way) or other ornamental landscape materials within one (1) year following
-the date of building occupancy, as determined by the temporary: certificate. of
occupancy. A final certificate. of occupancy. may be :issued upon compliance with
this Section.
B, All landscaped areas shall. be maintained by the property owner and kept neat,
clear and uncluttered, and where landscaping is required as part of City approvals,
any plant material which is .diseased or dies shall be replaced with.. like kind of the
original size. No landscaped area shall be used for the parking of vehicles or for
the storage or display of materials, supplies or merchandise, unless specifically
approved by the City.
C. Fences and/or plantings placed upon utility easements are subject to removal by
the City or utility company if required for maintenance or improvement of the utility.
fn such case,. costs for removal and replacement shall be the'responsibility of the
property owner. Trees on utility. easements containing overhead wires shall not
exceed fifteen (15) feet in height, and such trees shall be the. property owner's
responsibility to maintain.
11-21-9: REQUIRED SCREENING AND LANDSCAPING:
A. Screening And Landscaping: Except. in the C-CBD and the 1-CBD Districts, if
exempted by the Zoning Administrator as an administrative permit, where any
business or industrial use (i.e., structure, parking or storage) abuts property zoned
for residential use, such business or industry shall provide screening .along the
boundary of the residential property. Screening shall also be provided where a
business-or industry is across the street from a residential zone, but not on that side
of a business or industry considered to be the front (as determined by the Zoning
Administrator). All the screening specifically .required by this Title shall: be subject
to Section 11-16-15 of this Title. and shall consist of a greenbelt strip as provided
for below.
1, A greenbelt planting strip shall consist. of evergreen trees and/or deciduous
trees and plants and shall be a minimum of twenty (20) feet in width and of
a sufficient density to provide-a visual. screen and reasonable buffer. This
planting strip shalt be designed to provide visual. screening to a minimum '
height of six (6) feet. The grade for determining height shall be the grade
elevation of the building or use for which the screening is providing
protection, unless otherwise established by the Zoning Administrator. The
planting plan and type of plantings shall require the approval of the Zoning
Administrator.
21-5
2. A fence may also be installed, but not in lieu of the greenbelt. The fence
shall be constructed of masonry, brick, or wood, except as otherwise
provided herein.. Such fence shall provide a solid screening effect and shall
be a minimum of six (6) feet in height but shall not exceed eight (8) feet in
height. The grade for determining height shall be the grade elevation of the
building or use for which the screening. is providing protection, unless
otherwise. established by the. Zoning Administrator. The ,design and
.materials used in constructing a required screening fence shall be subject
to the approval of the Zoning Administrator. Fences. in excess of eight (8)
feet in height: shall require an administrative permit subject to the approval
of the Zoning Administrator.
B. Landscaping, New Residential Subdivisions, Institutional, and All Income Producing
Property Uses. (Excluding Residential Structures Containing Less Than Four
Dwelling Units): Prior to approval of a building permit, all above referenced uses
shall be subject to mandatory landscape plan and specification requirements.
1. Said landscape plan shall be developed with an emphasis upon the
boundary or perimeter of the proposed site at points adjoining a public right-
of-way, other property and the immediate perimeter of the structure.
2. All landscaping incorporated in said plan shall conform to the following
standards andcriteria:
a. Minimum .Size: All plants must. at least equal the following minimum
size:
Balled And
Potted/Bare Root Or Burlapped
Shade trees 2'/Z in. dia. 2'/2 in. dia.
Ornamental trees (flowering crabs 6-7 ft. 2 in. dia.
Russian olive, hawthorn, etc.)
Evergreen trees 6 ft.
Tall shrubs and hedge material 3-4~ ft. 3-4 ft.
(evergreen or deciduous)
Low shrubs, deciduous 18-24 in. 24-30 in.
- Evergreen 48 24 in. potted - - 24-30 in.
- Spreading evergreens 18-24 in. potted 18-24 in.
*Type and mode are dependent upon time of planting season, availability, and site conditions
.(soils, climate, groundwater, manmade irrigation, grading, etc.).
21-6
b. Spacing:
1 P aterial cente located. closer th
lant m rs shall not be an three
(3) feet from the fence lime or property line and shall not be
planted to conflict-with public plantings, .sidewalks, trails,
fences, parking areas, and driveways based on the judgment
of the Zoning Administrator.
2) Where .plant materials are planted in two (2) or more rows,
plantings shall. be staggered in .rows unless otherwise.`
approved by the Zoning Administrator.
3) ~ Deciduous trees intended for screening shall be planted not
more than forty (40) feet apart. Evergreen trees..intended for
.screening shall be planted .not more than fifteen (15) feet
apart.
4) Where massing of plants or screening is intended, large
deciduous shrubs shall be planted four (4) feet on center or
closer, and/or, evergreen shrubs shall be planted three (3) feet
on center or closer.
c. Types. Of New Trees: Trees suitable for complying with this Chapter
shall be Limited to those specified in Appendix B of the Lakeville
Corridor and Gateway Design Study, adopted on 2 August 1999, as
recommended in the Management Plan for the South Creek and
Tributary Channel Corridors, or as approved by the Zoning-
.Administrator.
d. Design {except for. pond slopes which shall be subject to. the review
and approval of the City Engineer):
1) The landscape plan must show some form of designed site
amenities (i.e., composition of plant. materials, and/or creative
grading, decorative lighting, exterior sculpture, etc.) which are
largely intended for aesthetic purposes.
2) All areas within the property lines (or beyond, if site grading
extends beyond). shall be treated. All exterior areas not paved.
or designated as roads, parking, or storage must be planted
into ornamental vegetation (lawns, ground covers, or shrubs)
unless otherwise approved by the Zoning Administrator.
3) TurF slopes in excess of three o one (3:1) are prohibited.
21-7
4) All .ground areas under the building roof overhang must be
treated with. a decorative mulch and/or foundation planting.
5) All buildings must have an exterior water spigot or irrigation
system to ensure. that landscape maintenance can be
accomplished.
6) Trees and shrubs shall .not be .planted in the right of way
except for designated parkways and. streets as determined by
the City Council
7) All plants required as part of an .approved: landscaping. plan
shall be maintained and kept alive. bead plants shall be
replaced in accordance with the approved landscape plan.
e. Landscape Guarantee: All new plants shall be guaranteed for twelve
(12) months .from. the time planting has been completed. All plants
shall be alive, of good quality, and disease. free at the end of the
warranty period or'be replaced. Any replacements shall be warranted
for twelve (12) months from the time-of planting.
C. Buffer Yards (Residential):
1. Lot Depth Requirements: Double frontage residential lots shall have an
additional depth. of at least twenty (20) feet, designated as an additional
drainage and utility easement, in order to allow space for. buffering/screen
planting along the back lot line. Except as may be approved by the. City
Council and except for lots of record and preliminary platted lots having legal
standing established on January 1, 1994, for those lots which abut major
.collector or arterial streets, the following minimum lot depths shall be
required:
Minimum. Lot. Depth
District For Buffer Lots
RS-1 Low Density Single Family. 220-feet
RS-2 Single Family 170 feet.
RS-3 Single Family 150 feet
RS-4 Single Family 145 feet
2. Lot. Width Requirements: Except as may be approved by the City Council
and except for tots of record and preliminary platted lots having legal
standing established on January 1, 1994, lots which border major collector
or arterial streets on a side yard-shall have an additional width of at least 10
feet, .designated as an additional drainage and utility easement in order to
allow space for buffering and screening plantings: along the lot line. bordering
such streets.
21-8
3. Screening Plan Required: For applicable subdivisions, a comprehensive
screening plan shall be submitted. The plan shall identify all proposed buffer
screening in both plan and sectional view.
4. Timing/Responsibility.. Of Installation: Weather permitting, all buffer,
bermings, and/or plantings. shall. be constructed or planted. prior to the
issuance of a final certificate of occupancy.
5. Maintenance:.
a. Maintenance of the buffer strip planting. and/or fence shall be the
responsibility of the individual property owners or, if applicable, the
homeowners' association.
b. Color of the screening wall or fence shall be unifprm along its entire
.length and comply with the standards established by the Lakeville.
Corridor and Gateway Design Study, August 2, 1:999. Any
modifications to the screening wall or fence shall require the approval
of the Zoning Administrator.
c. All repairs. to the fence or wall shall be consistent with the original
fence design in regard to location and appearance.
d. Replacement of landscape materials or plantings in a buffer yard area
shall be consistent with the original screen design.
e. All repair or plant replacement shall be done within forty five (45)
days of written notification. from the City or if applicable, the
homeowners' association..
6. Design Standards:
a. Plantings: All designated buffer .yards must be seeded or sodded
except in areas of .steep ..slopes where natural vegetation is
acceptable as .approved by the Zoning Administrator. All plantings
within designated buffer yards shall adhere to the following:
(1) Plant material centers shall not be located closer than three
(3) .feet from the fence line or property .line, and shall not
conflict with public plantings, sidewalks, trails, etc.
(2) Landscape screen. plant material shall- be planted in two (2) or
more rows. Plantings shall be staggered in .rows unless
otherwise approved by the. Zoning Administrator.
21-9
{3) Deciduous shrubs shall. not be planted more than four (4) feet
on .center, and/or evergreen shrubs shall not. be planted more
than three (3) feet on center.
(4) Deciduous trees intended for screening shall be planted not
more .than forty (40) feet .apart. -Evergreen trees intended for....
screening. shall be planted not more than fifteen (15) feet
apart.
b. Walls And Fences: All walls and fences erected within designated
buffer yards shall adhere to the following;
(1) Only walls and fences formally approved as part of the
subdivision and site plan process shall be permitted..
(2) At least fifty (50) percent of the street side of a screening fence
shall be landscaped with plant materials. Plant materials shall
be at least equal to the fence height.
(3) Exposed fences shall run a maximum length of fifty (50) feet
between landscaping areas or clusters..
(4) Fences and landscaping shall not be located within the."traffic
sight visibility triangle" as defined in Section 11-16-15 of this
Title.
c. Earth Berms: Earth berms within designated buffer yards:
(1) Except in areas of steep slopes or where other topographic
features will not permit, as determined by the: City Engineer, an
earth berm at least four (4) feet in height shalF be installed in
.all designated buffer yards.
(2) Shall not exceed a three to one (3:1) slope unless approved by
the City Engineer.
(3) Shall contain no less than four (4) inches of topsoil
11-21-11: TREE PRESERVATION: Prior to the issuance of building permits for all
new and/or expanded multiple-family residential,. cornmercial, industrial, and institutional
uses, a tree preservation plan shall be submitted. The plan and. its implementation. shall
be in accordance with the requirements as outlined in the City's Subdivision Ordinance
and shall be"subject to the review and approval of the Ci#y Engineer .and .Zoning
Administrator. The. Zoning Administrator may exempt an applicant from the submission of
21-10 .
a tree preservation plan upon demonstration that such a plan is not considered relevant
to the site in question.
11-21-13: SCREENING OF MECHANICAL EQUIPMENT: All rooftop and ground
mounted mechanical equipment of residential buildings having five (5) units or more and
of non-.residential buildings shall comply with the following standards:
A. All rooftop and ground mounted. mechanical. equipment shall be screened so as to
mitigate noise incompliance with Section 11-16-25 of this Title.
B. All rooftop and ground mounted mechanical equipment shall be designed (including
exterior color} and located so as to be aesthetically harmonious and compatible
with the building. Screening of and landscaping around the equipment may be
required where-the design, color, and location of the equipment are found to not
effectively buffer noise or provide aesthetic harmony and compatibility... Screening
shall be constructed of durable materials which are aesthetically compatible with
the .structure and which. may be an integral part of the structure. Applicable
requirements for access to the equipment shall. be observed in the .design and
construction. of the screening.
C. Rooftop mechanical equipment less than three (3) feet in height may be exempt.
from. screening_requirements by the Zoning Administrator.
21-11
CHAPTER 22
.OUTDOOR STORAGE
SECTION:.
11-22-1: Purpose
11-22-3: Vehicles/Equipment
11-22-5: Outdoor Storage
11-22-7: Outdoor Storage Land/Sea Containers or Parking of Semi-Tractor .Trailers
11-22-1: PURPOSE: The purpose. of this Chapter is to provide standards for allowing
outdoor storage.. of materials, equipment, and vehicles as maybe. allowed within the
respective Zoning Ordinance such that the activity can occur compatibly with surrounding
uses and properties.
11-22-3: VEHICLES/EQUIPMENT:
A. Vehicles "For Sale" Within a Residential District. Subject to the provisions of
Section 11-18-13.A of this Title, motor vehicles and recreational vehicles-which ai-e
permitted within the respective residential district may be advertised .for sale .and
.sold provided the'vehicle is owned by the resident where the. vehicle is parked and
the vehicle is currently licensed, operable and parked. entirely on a :driveway.
Vehicles. shall `not be parked or stored on public property or rights-of-way. At no
time shall any commercial vehicle be parked within a residential district -and
advertised for sale. The number of vehicles sold from the residential Location within
a given year shall not exceed that allowed bythe Minnesota Department of Public
Safety. Driver and Vehicle Services Division.
B. Vehicles. "For Sale" Within aNon-Residential District. Motor, commercial and
recreational vehicles shall not be displayed "for sale" or sold within non-residential
districts unless as part of an approved licensed sales dealership or for short term
parking {twelve (12) hours or less) if the vehicle is owned by an employee of said
business where the vehicle is parked with the consent of the business owner.
C. Commercial Vehicles in Residential Districts: No commercial vehicle or equipment
shall be parked. or stored in a rural or residential district..except when loading,
unloading, or rendering a service as allowed by Section 11-19-9 of this Title,.
11-22-5: OUTDOOR STORAGE: Except as herein provided or as specifically allowed
within the specific zoning districts established by Chapter 45 of this. Title, all materials and
equipment shall be stored within a building.
22-1
A. Exceptions.
1.
Clothesline pole .and wires and play. equipment.
2. Not more than two (2) .licensed and operable recreational vehicles and
equipment may be parked or stored on property outside a building as
follows:
a. In the front yard, provided they are kept on an established driveway,
entirely on the equipment or vehicle owner's property. Recreational
vehicles may not be parked or stored on public property or street
right-of-way..
b. In the side yard abutting an attached or detached garage provided
recreational vehicles and equipment arenot closer than two (2) feet
from the side lot line. The area must be surfaced with asphalt,
concrete or crushed decorative rock but shall not be placed. within
drainage and utility easements. unless approved by the Zoning
Administrator. Parking or storage of recreational vehicles: and
equipment on the .side yard abutting the principal building is
:prohibited.
c. In the rear yard not closer than ten (10) feet from the rear lot line, five
(5) feet from the side lot lines, and not. within drainage and utility
easements.
d. On a corner lot not closer than twenty (20) feet from the property line
abutting'the side street and not within drainage and utility easements....
3. Construction and landscaping material currently being used on the premises.
4. Off-street parking of motor. vehicles as specified in the respective zoning
districts..
5. Within the l-CBD, I-1, and 1-2 Districts semi-tractor trailers usedfor normal
.freight and cartage in transit for up to one hundred twenty (12.0) consecutive
days per calendar year.
6. Within the I-CBD, I-1, and 1-2 Districts, land/sea containers which are in
compliance with Section 11-22-7 of this Title.
B. Outdoor storage within the I-1,; 1-2 and I-CBD Districts shall be an allowed
accessory use under the following conditions:.
1. The outdoor storage area occupies space`other than a required front yard
setback or side yard setback area on a corner lot. '
22-2
2. The .outdoor storage area shall be fenced, screened and/or landscaped
according to a plan in compliance with Section 11-21-9 of this Title and
subject to the approval of the Zoning Administrator.
3. Subject to the approval of the Zoning Administrator, the outdoor storage area
is grassed or surfaced to control dust.
4. All lighting shall be hooded and so directed that the light source shall not be
visible. from the public right of way or from neighboring residences and shall
be in compliance with Section 11-16-17 of this Title.
5. The outdoor storage area shall not encroach upon required. parking space
or required loading space as required by this Title.
6. The. property stored shall not include any waste, except as provided in
Section 11-16-29 of this Title...
7. The outdoor storage area shall not encroach into the required rear yard or
side yard setback. area if abutting a residential district.
11-22-7: OUTDOOR STORAGE OF LAND/SEA CONTAINERS OR PARKING OF SEMI-
TRACTOR TRAILERS.:
A. Nonconforming Use: Outdoor storage of land/sea containers or semi-tractor trailers
shall have been brought into compliance with this Section or shall have been
removed by June 1, 1996.
B: Accessory llse: Outdoor storage and .parking. of land/sea containers and semi-
tractor trailers shall be allowed only in districts where such use is listed as an
accessory use. Any other outdoor storage of land/sea containers and semi-tractor
trailers is prohibited.
C. Exemption: The prohibition against outdoor storage of semi-tractor trailers provided
in thi Section does not apply to the temporary parking of construction trailers on
a construction site during the period that the site is being developed.
D. Certification`. All semi-tractor trailers with a Minnesota license plate shall. be certified
by the State and shall display a current inspection certification decal issued in
accordance with Minnesota Statutes section 169:781 by June 1, 1996. After June
..1,.1996,. all semi-tractor trailers with out-of-state License plates shall produce upon
request proof `that the vehicle complies with Federal motor vehicle inspection
requirements for vehicles in interstate commerce as provided under 49 C.F.R.
section 396.17:
22-3
E. Surface: All land/sea containers and semi-tractor trailers used for outdoor storage
shall be parked on a concrete, bituminous, one hundred percent (100%) crushed
rock, or crushed concrete surface.
F. Location:- Land/sea containers shall not be stored and semi-tractor trailers. shall not
be parked in the required front yard setback area or in a required side yard setback
area abutting a residential district, Cedar Avenue (County Road 23), Lakeville
Boulevard, 215th .Street, .County Road 70, Hamburg .Avenue or Kenrick Avenue.
Outdoor storage of land/sea containers and parking of semi-tractor trailers shall not
be allowed on required parking 'spaces, unless the required parking spaces have
been deferred pursuant to a development agreement between. the property. owner
and the City as provided in this Zoning Title. Use of deferred parking spaces shall
not be permitted if the City determines that deferred parking spaces are necessary
to meet the site's parking demand.
22-4
CHAPTER 23
SIGNS
SECTION:
11-23-1: Purpose
11-23-3: Compliance Required
11-23-5: Billboards
11-23-1: PURPOSE: The purpose of this Chapter is to ensure consistency with and
conformance to the provisions established by the Lakeville Sign Ordinance for: all uses
allowed within the respective zoning districts.
11-23-3: COMPLIANCE REQUIRED:. All permitted signs shall be erected in
conformance with the provisions of the Lakeville Sign Ordinance.
11-23-5: BILLBOARDS: Billboards are a principal use of property. Annual licenses
are required for all billboards. All billboards must be removed as a condition of platting or
.subdivision approval for the land on which it is .located,
23-1
CHAPTER 24
LAND EXCAVATION AND MINING
SECTION:
11-24-1: Purpose
11-24-3` Prohibition
11-24-5: Interim Use
11-24-1: PURPOSE: The purpose of this Chapter is to ensure consistency with and
conformance to the provisions established by the City Code for activities involving land
filling, excavation, grading and/or mining, as may be allowed by this Title.
11-24-3: PROHIBITION: No person shallwithin the City, fill, excavate, dig or grade
the surface of the earth nor open any pits or excavated areas in the earth nor do any other
acts where it will raise or lower the grade of any land,_except as provided for in and in
conformance with Title 7, Chapter 4 of the Lakeville City Code.
11-24-5: INTERIM USE: Minin is an interim `use in all zonin districts exce t that
9 9 p
such use isprohibited within the current MUSA and Staged MUSA Expansion Area A, as
identified in the City's Comprehensive Plan.
24-1
.CHAPTER 25
PUBLIC PROPERTY/RIGHTS-OF-WAY
SECTION:
11-25-1: Coverage
11-25-3: Liability
11-25-5: Compliance
11-25-1: COVERAGE: The erection and/or placement of any structure in the. public
right-of-way or on City property by any person, or group other than the City of Lakeville,
Dakota County, Metropolitan `Council, the State of Minnesota,: Federal Government or
.franchised utility shall require the processing of a conditional use permit in accordance
with Chapter 4 of this Title. Exceptions to this provision include newsstands, LISPS mail
..boxes, essential services, signs allowed under Chapter 30 of this Title, radio receivers and
transmitters as an accessory use to essential services, and personal wireless
communication antennas located on existing lattice electrical transmission. towers,
provided that the use and equipment comply with all applicable requirements of this Title..
11-25-3: LIABILITY: As a condition of approval for the erection or placemenf of a
structure in the public right-of-way,. or on City property by any party other than those.
specified above, the applicant shall be required to demonstrate a significant need forsuch
structure placement and that. it wi l .not interfere or conflict with the public use and/or
.purpose of the righ#-of-way. Additionally, the applicant shall sign a contract with the. City
that. holds harmless the City of Lakeville for any potential liability artd shall demonstrate:
to the Zoning Administrator proof of;adequate liability insurance.
11-25-5: COMPLIANCE REQUIRED: .The. erection and/or placement of any structure
in the public right-of-way or on City. property shall be done. in conformance with .the
provisions of the Lakeville Right-of-Way Ordinance.
25-1
CHAPTER 26
ESSENTIAL SERVICES
SECTION:
11-26-1: Purpose
11-26-3: Application
11-26-5: Administrative Permit Required
11-26-7: Conditional Use
11-26-9: Standards
11-26-1: PURPOSE:. The purpose of this Chapter is to provide for the. installation of
essential services such as telephone Lines, pipelines, electric transmission .lines and
substations in such a manner that the health, safety and welfare of the City will not be
adversely affected. Essential services shall also be insta led in,recognition of existing and
projected demands for such services.
11-26-3: APPLICATION: This .chapter shall not apply to radio and wireless
communication systems and facilities.. Regulation of these .uses and. activities are
governed by Chapter 30 of this. Title.
11-26-5: ADMINISTRATIVE PERMIT REQUIRED:
A. All telephone lines, pipelines and structures for local distribution, underground
electric transmission lines, and overhead. electric transmission lines and substations
less than 33KV, when installed in any public right. of way in any zoning district, shall....
require an administrative permit approved by the Zoning Administrator and subject
to review and comment of the City Engineer.
B. All telephone lines, .pipelines and structures for local distribution, underground
electric transmission lines, and overhead electric transmission lines less than 33KV,
which are intended to serve more than one parcel and are proposed to be installed
at ovations other than in..public right of way,. shall require an administrative permit.
issued by the Zoning Administrator after approval by the City Engineer. Approval
by the City Engineer shall be based upon the information furnished in-thefollowing
:.procedural requirements:
1. Prior to the installation of any of the previous essential services, the owner
of such service shall file with the Zoning Administrator all maps and other
pertinent information as deemed necessary for the City Engineer to review
the proposed project.
26-1
2. The Zoning Administrator shall .transmit the map. and accompanying
information to the. City Engineer for review and. approval regarding the
project's relationship to the Comprehensive Plan and/or ordinances and
parts thereof.
3. The City Engineer shall report in writing to the Zoning Administrator. its
findings as to the compliance of the proposed project with the,
Comprehensive Plan and ordinances of the City.
4. In considering applications for the placement. of essential services, as
regulated in this Chapter, the City Engineer shall consider the effect of the
proposed project upon the health, safety and general welfare of the City, as
existing. and as anticipated; and the effect of the proposed project upon the
Comprehensive Plan.
5. Upon receiving the approval of the City Engineer, the Zoning Administrator
shall issue an administrative permit for the installation and operation of the
applicant's essential services. If the Engineer's report recommends .the
denial of said permit causing the Zoning Administrator to deny its issuance,
the applicant may appeal .said decision to the Board of Appeals and
Adjustments under the rules and procedures as sef forth in Chapter 7 of this
Title.
11-26-7: CONDITIONAL USE PERMIT REQUIRED: All transmission pipelines (i.e.,
pipelines not required for local distributing. network); and overhead .transmission and
substation lines in excess of 33 KV and up to 200 IN shall be a conditional use in all
districts subject to the procedural requirements and standards. stipulated in this Chapter
and Chapter 4 of this Title.
11-26-9: PERFORMANCE STANDARDS: Essential .services shall be subject to the
following:
A. All distribution lines shall be underground.
B. Outdoor storage of materials. or equipment shall be prohibited.
C. All poles and similar type structures shall be placed in .the public right-of-way or
utility easement unless approved as an interim use permit subject to Chapter 5 of
this Title.
D. All facilities shall be landscaped and Greened tothe extent practical and applicable
pursuant to Chapter 21 of this Title.
26-2
E. The size and number of accessory buildings are to be minimized to the extent
possible and are to house only equipment directly related to the operation of the
facility in question.
F. The architecturalappearance of allstructures and buildings shall be in harmony
with the primary uses within the vicinity of the site.
26-3
CHAPTER 27
MODEL HOMES
SECTION:
11-27-1: Purpose
11-27-3: Qualification
11-27-5: Procedure
11-27-7: Special Requirements
11-27-9: Restricted Use
11-27-1: PURPOSE: The purpose of this Chapter is to provide for the erection of model
homes, which may.. include. temporary real estate .offices,. in new subdivisions without
adversely affecting the character of surrounding residential neighborhoods or creating a
general nuisance. As model homes represent a .unique temporary commercial use, special
consideration must be given to the peculiar problems associated with them and special
standards must be applied to ensure reasonable compatibility with their environment.
11-27-3: QUALIFICATION: To qualify for a building permit for a model home., which may:
include a temporary real estate office, the following shall be required:.
A. Upon receipt of final plat approval and recording, one. {1) building permit per
subdivision may be granted. No final certificate of occupancy shall be issued until
the infrastructure improvements including the first. Lift: of asphalt have been..
completed and approved by the City.
B. Upon .completion of infrastructure improvements including the first lift of asphalt
within the respective final plat subdivision, additional building permits. may be
issued for model homes and/or temporary real estate offices, provided that the:
number of model homes and/or temporary real estate offices shall not exceed ten
(10) percent of the lots within the final plat.
11-27-5: PROCEDURE: The erection of a model home(s) within all residential districts,
which may include a temporary real estate office(s), shall require an administrative permit,
as maybe issued by the Zoning Administrator.
11-27-7: SPECIAL REQUIREMENTS:
A. Model homes and model homes with temporary real estate offices shall be allowed
in all residential zoning districts in which they are located and shall be utilized
27-1
solely for selling purposes of lots and/or homes within the subdivision in which it is
located.
B. Temporary parking facilities. equal to four (4) .paved spaces -per model home
dwelling unit or a model home with a temporary real estate office shall be provided.
The overall design, drainage, and surfacing of the temporary parking facility shalt
be subject #o the approval of the Zoning Administrator.
C. Access from a #emporary parking facility shall be directed away from developed and
occupied residential .neighborhoods to the greatest extent possible.
D. No model home or model home with a#emporary real estateoffice shall incorporate
outside lighting which creates a nuisance due to glare or intensity, as provided-for
in Section 11-16-17 of this Title.
E. All signage shall comply with the sign regulations as contained in Chapter 23 of this
Title for the zoning district in which the model home and/or temporary real estate
office is located.
F. The administrative permit shall terminate. three (3) years from its date of issuance
or when eighty-five (85) percent of the development is completed, whichever comes
first, unless extended by the Zoning Administrator.
G. No residential certificate of occupancy shall be issued for a model home or model
home with a temporary real estate office until such time as the structure has been
fully converted to a .residence in compliance with. the Uniform Building Code..
Additionally, such conversion shall .include, ..but not be limited to, parking lot
restoration and the removal of signage and lighting:
H. The restoration of all temporary parking areas wi#h appropriate landscaping shall
be completed by the end of the following growing season.
11-27-9: RESTRICTED USE:. Model homes and model homes with temporary real
estate offices shall be used solely for the display and sale of home fixtures and products,
and real estate for the subdivision in .which they are located unless .approved by the
.Zoning Administrator through an administrative permit.
27-2
CHAPTER 28
TEMPORARY STRUCTURES
SECTION:
11-28-1: Purpose
11-28-3: Procedure
11-28-5: Special Requirements
11-28-1: PURPOSE: The purpose: of this Chapter is to provide fore the erection of
temporary structures (not including model homes/temporary real estate.:. offices or
temporary .classroom structures for use by a public or private institution) needed for
emergency purposes or for temporary use during the construction of a permanent
structure.
11-28=3: PROCEDURE: The erection of a temporary structure shall. require an
administrative permit, as may be issued by the Zoning Administrator, except as otherwise
provided by this Title,
11-28-5: SPECIAL REQUIREMENTS:
A. Temporary structures governed by this Chapter shall be allowed in .all zoning
districts.
B. No administrative permit shalt be issued fora temporary structure unless a site plan
pursuant. to Chapter 9 has also been approved if applicable, or unless a building
permit has been issued for. a new structure, addition or remodeling of an existing
structure on the property.
C. The. administrative permit shall terminate nine (9) months #rom its date of issuance,
or within thirty (30) days after a certificate of occupancy has been issued by the
-Building Official for the permanent structure,. whichever occurs first, unless a
different time schedule is .approved as part of the permit. The permit may be
extended for an additional ninety (90) days by the Zoning Administrator.
D. Temporary structures may be placed in a_required building setback area, provided
that no such structure may be placed within thirty (30) feet of a public right-of-way
or obstruct visibility at any street intersection or driveway access:
E. Ali applicable requirements of the State Building Code shall be met.
28-1
F. Provisions for water and sewer servicing the temporary structures shall be subject
to the review and approval of the Building Official
G. Security measures such as lighting shall be implemented subjecttothe review and
approval of the Zoning. Administrator.
H. Parking. Subject to the provisions of .Chapter 19 ofthisTitle.
L Signage. Subject to the provisions of Chapter 23 of this Title.
28-2 `
CHAPTER 29
WIND ENERGY CONVERSION SYSTEMS (WECS)
SECTION:
11-29-1: Purpose
11-29-3: Application
11 29-5: Code Compliance
11-29-7: Manufacturing Warranty
11-29-9: Design Standards
11 29-11: Ornamental Wind Devices
11-29-13: Inspection
11-29-15: Abandonment
11-29-1: PURPOSE: The purpose of this Chapter is to establish standards and
procedures by which the installation and operation of wind energy conversion .systems
(WECS) shall be governed within the City.
11-29-3: APPLICATION:
A. Interim Use: Wind energy conversion s stemsmay be allowed as an interim use
Y
within any zoning district of the City, subject to the regulations and .requirements of
this Chapter, provided the property upon which the system is to be located is zoned
agricultural, commercial. or industrial or is constructed. and maintained on any parcel
of at least two and one-half (2'/2) acres in size.
B. Declaration Of Conditions: The Planning Commission may recommend and the City
Council may impose such conditions on the granting of a WECS interim use permit
as may be necessary to carry ouf the purpose and provisions of this Chapter..
C. Site Plan Drawing: All applications for a WECS interim use permit shall. be
accompanied by a detailed site .plan drawn to scale. and dimensioned, displaying
the information as specified in Chapter 9 of this Title and the following:
1. Location and height of all buildings, structures, above-ground utilities and
trees on the lot, including both existing and proposed structures and: guy
wire anchors.
2. Location and height of all adjacent buildings, structures, above-ground
utilities and trees located within' three hundred fifty (350) feet of the exterior
boundaries of the property in question.
29-1
3. Sketch elevation drawing of the premises accurately depicting the proposed
WECS and its relationship to structures on the subject site and adjacent lots.
11-28-5: CODE COMPLIANCE:
A. Compliance With .State Building Code: Standard drawings of the structural
components of the wind energy conversion system and support structures, including .
base and: footings shall be provided along with engineering data and calculations
to demonstrate compliance with -the structural design provisions of the State
Building Code. Drawings and engineering_calculations_shall be certified by a
Minnesota licensed engineer...
B. Compliance With National Electrical Code: WECS electrical. equipment and
connections shall be designed and installed. in adherence to the National Electrical
Code as adopted. by the City.
11-29-7: MANUFACTURING WARRANTY: Applicant shall provide documentation or
other evidence from the dealer or manufacturer that the WECS has been successfully
operated in atmospheric conditions similar to the conditions within Lakeville. The WECS
shall be warranted against any system failures reasonablyexpected in severe weather
operation conditions.
11-29-9: DESIGN STANDARDS:
A. Heights: The permitted maximum height of a WECS shall be determined in one (1)
of two (2) ways. In determining the height of -the WECS the .total height of the.
system shall be included. System height shall be measured from the base of the
tower to the highest possible extension of the rotor.
1. A ratio of one (1) foot to one (1) foot between he distance of the closest
property Line to the base of the WECS to the height of the system.
2. A maximum system height of one hundred seventy-five feet (175) feet..
.The shortest height of the .two (2) .above mentioned: methods shall be used in
.determining ..the maximum allowable height of a WECS system. The height. of a
.:.WECS must also comply with FAA regulation part 77 "Objects Affecting Navigable"
Air Space" and/or MNDOT Rule 14, MCAR 1.3015.. "Criteria for Determining.
Obstruction to Air Navigation".
B. Setbacks: No part of a WECS: (including guy wire anchors) shall be located within
or above any required front,.. side or rear yard setback: WECS #owers shall- be
setback from the closest property line one (1) foot for every one (1) foot of system
29-2
height. WECS shall not be located within thirty (30) feet of an above ground utility
line.
C Rotor Size: All WECS rotors shall not have rotor. diameters greater than twenty-six
(26) feet.
D. Rotor. Clearance: Blade arcs created by the WECS shall have a minimum of thirty
(30) feet of clearance over. any structure or tree within. a two hundred foot (200) foot
radius.
E. Rotor Safety: Each WECS shall be equipped with both. a manual and automatic
:.braking device capable of stopping. the WECS operation in high winds (40 mph or
greater).
F. Lightening Protection: Each WECS shall be grounded to protect against .natural
lightening strikes in conformance with the National Electrical Code as adopted by
the City..
G. Tower Access: To prevent unauthorized climbing, .WECS towers must comply with
one of the following provisions:
1. Tower climbing apparatus shall not be located within twelve (12) feet of the
ground.
2. A locked anti-climb device shall be installed on the tower.
3. Towers capable of being climbed shall be enclosed by a locked, protective ;
fence at least six (6) feet high.
H. Signs: WECS shall have onesign, not to exceed two (2) .square feet posted at the
base of the tower and said sign shall contain the following information.
1. Warning high voltage::.
2. Manufacturer's name.
3: Emergency phone number..
4. Emergency. shutdown procedures..
L Lighting: WECS shall not have affixed or attached any .lights, reflectors, flasher or
any other illumination, except for illumination devices required by FAA regulations
part 77 "Objects Affecting Navigable Air Space" and FAA Advisory circular
70/7460-1 F, September 1.978 "Obstruction Marking .and Lighting".
29-3
J. Electromagnetic Interference: WECS .shall be designed and constructed so as not
to cause radio and television interference.
K. Noise Emission: Noises emanating from the operation of .WECS shall be in
compliance with and regulated by the State of Minnesota Pollution Control
Standards,. Minnesota Regulations NPC 1 and 2, as amended.
L. Utility Company Interconnection: No WECS shall be interconnected with a local
electrical utility company until the utility company has reviewed and commented
upon it. The interconnection of the WECS with the utility company shall adhere to
the National Electrical °Code as adopted by the City.
11-29-11: ORNAMENTAL WIND DEVICES: Ornamental wind devices that are not a
WECS shall be exempt from the provisions of this .Chapter and shall conform to other
applicable provisions of this Title.
11-29-13: INSPECTION: The City hereby reserves the right upon. issuing any WECS
interim use permit to inspect the premises on which the WECS is located:. If a WECS is not.
maintained in operational condition and poses a potential safety hazard, the owner shall
take expeditious action to correct the situation.
11-29-15: ABANDONMENT: Any WECS or tower which is not used for six (6) successive
months shall be deemed abandoned and shall be dismantled. and removed from the
property at the expense of the property owner.
29-4
CHAPTER 30
ANTENNAS
SECTION:
11-30-1: Purpose and Intent
11-30-3: General Standards
11-30-5: Tower Design
11-30-7: Co-Location Requirement
11-30-9: Setbacks
11-30-11: .Accessory and Secondary Use Antennas
11-30-13: Amateur Radio Service
11-30-15: Satelli#e Dishes
11-30-17: Personal Wireless Service Antennas
11-30-19: Temporary Mobile Towers
11-30-21: Commercial and Public Radio and Television Transmitting Antennas, Public
.Safety Communication Antennas and Public Utility Microwave Antennas
11-30-23: Telecommunications Rights-of-Way Users
11-30-25: Additional Submittal Requirement
11-30-1. PURPOSE AND INTENT:. The purpose of this Chapter is to establish
predicable and balanced regulations for the siting and screening of wireless
communications equipment, including. technology associated with amateur radio service,
satellite dishes, persona! wireless service, radio or television transmitting antennas, .public
safety communication, and public utility-microwave equipment, in order to accommodate
the growth of wireless communication systems within the City. of .Lakeville while protecting
..the. public against any adverse impacts on the City's aesthetic resources and the public
welfare. The provisions-of this Chapter are intended. to maximize the use of existing
towers., structures, buildings, and co-locations to accommodate new wireless
telecommunication antennas in. order to .minimize the number of towers needed to serve
the community.
11-30-3. GENERAL .STANDARDS: .The following standards shall apply to all cellular
telephone, public utility, microwave, radio and television broadcast transmitting, radio and
television receiving, satellite dish and short-wave radio transmitting.. and receiving
.antennas.
A. All obsolete and unused antennas shall be removed by the property owner within
twe ve (12) months of cessation of operation at the site, unless an exemption is
granted by issuance of an administrative permit.
30-1
B. ALI antennas shall be in compliance with all City building and electrical code
requirements and as applicable shall require .related permits.
C. Structural design, mounting and installation: of the antenna shall be in compliance
with manufacture's specifications, and as may be necessary as determined by the
Zoning Administrator and Building Official, shall be verified and approved by a
structural engineer..
D. When applicable, written authorization for antenna erection shall be provided by the
....property owner.
E. No advertising message. shall be affixed to the antenna structure or tower.
F. The height of the antennashall be the. minimum necessary to function satisfactorily,
as verified. by an engineer or other qualified professional
G. Antennas shall hot be artificially illuminated .unless required by law or by a
governmental agency to protect the public's health. and safety..
H. When applicable, proposals to-erect new antennas. shall be accompanied by any
required federal, state, or local agency licenses or permits.
L If a new tower is to be constructed,. it shall be designed structurally,. electrically, and
in all respects, to accommodate both the applicant's antennas and comparable
antennas for. at least one additional use, including but not. Limited to, other cellular
.communication companies, local police, fire and ambulance companies. Towers
must be designed to allow for future rearrangement of antennas upon the tower and.
to accept antennas mounted at varying heights...
J. Towers under two hundred (200) feet in height shall be painted anon-contrasting
color consistent with the surrounding area such as: blue, gray, brown, or silver, or
have a galvanized or oxidized finish to reduce visual impact.
K. Provide documentation or studies utilized to determine the necessary location and
height of the antenna.
11-30-5 TOWER DESIGN: General wireless communication towers shall be of a
monopole design unless the City Council determines that an alternative design requested
by the applicant would better blend into the surrounding environment. This provision does
not apply to amateur radio towers or commercial and public radio or television towers.
11-30-7 CO-LOCATION REQUIREMENT: Except for amateur .radio towers,. a
proposal for a new tower shalt not be approved unless the Zoning Administrator finds that
the- antennas cannot be accommodated on an existing or approved tower, building,. or
30-2
structure within one. (1) mile search radius (one-half-mile search radius for towers under
one hundred (100) feet in height) of the proposed tower due to one: ormore of the following
reasons:
A. The planned .equipment would exceed the structural capacity of the existing or
:approved tower, building, or structure. as documented by a structural engineer, and
the existing or approved tower cannot: be reinforced, modified, or replaced to
accommodate planned or equivalent equipment at a reasonable cost.
B. The planned equipmentwould cause interferencematerially impacting the usability
of other existing or planned equipment at the tower or building as documented by
a qualified engineer and interference cannot be prevented at a reasonable cost.
C. Existing or approved towers, buildings, or structures within the search radius cannot
.accommodate the planned equipmen# at a height necessary to#unction reasonably.
as documented by a qualified engineer.
D. Other unforeseen reasons. that make it unfeasible to locate the antennas upon an
existing or approved tower or structure.
E. Existing or approved towers, buildings, or other structures do not exist in the service
area, or do not meet the needs of the user. Documentation shall be provided at the
time of application clearly demonstrating why existing structures do not meet the
needs of the users.
F. The applicant shall demonstrate in writing that a good faith effort to co-locate on
existing towers or structures was made,. but an agreement could not be reached.
11-30-9 SETBACKS: All towers shall comply with each of .the minimum setback
requirements:
A. Towers shall meet the principal structure setbacks of the underlying zoning district
with the exception of industrial zoning districts, where the tower may encroach into
the rear setback area, provided that the rear property line abuts another industrial
use and zoning district and the tower does not encroach upon any easements.
B. .Setback requirements for all personal wireless service or commercial and public.
radio and television transmitting. antennas, public safety communication antennas,
and public utility towers, may be reduced or its location in relation to apublic street
modified. at the discretion of the City Council, to allow the integration of the structure
into an existing or proposed structure, such as a light standard, power line support
device, or similar structure...
30-3
11-30-11. ACCESSORY' AND SECONDARY USE ANTENNAS: .The following
standards shall apply to all accessory and secondary. use antennas including radio and
television receiving antennas, satellite dishes, TVROs two (2) meters or less. in diameter,
short-wave radio dispatching antennas, or those necessary for the operation of electronic
equipment including radio receivers, ham radio transmitters and television receivers.
A. Single satellite TVROs accessory to a residentialuse shall not exceed one (1)
meter in diameter except as provided for by Section 11-30-15 of this Title.
B. Accessory and secondary use antennas used. for federally licensed amateur radio
stations or for the amateur radio service shall be regulated by Section 11-30-13 of
.this Title.
C. Accessory or secondary use antennas shall not be erected in -any required yard.
(except a rear yard) or within public or private utility and drainage easements, or
buffer yard, and shall be set back a minimum of ten. (10) feet from all lot lines.
D. Guy wires or guy wire anchors shall not be erected within public or private utility
and drainage easements, and shall be set back. a minimum of five (5) feet from all
lot lines.
E. Accessory or secondary use antennas and necessary support structures or towers,..
whether freestanding or mounted on another structure, may extend a maximum of
fifteen (15) feet above the normal height restriction for the affected zoning district.
F. The installation of more than one (1) support structure per property shall require the
approval of an interim use permit.
11-30-13: AMATEUR RADIO SERVICE: The following standards shall apply to all
accessory use antennas and towers used in the amateur radio service:
A. Antennas and support structures for federally licensed amateur radio stations and
used in the amateur radio service shall. be exempt from the requirement,of Section
11-30-3.C, 11-30-3.F, 11-30-3.L and 11-30-3.K of this Title. All other provisions of
Section 11-30-3 of this Title shall apply.
B. Antennas and towers used in the amateur radio service. shall be installed in
accordance with he instructions furnished by the manufacture of the antenna or
tower. Because of the experimental. nature of the amateur-radio service, antennas
mounted on such towers may be modified or changed at any time so long as the
published allowable load on the tower is not exceeded and the structure of the
tower remains in accordance with the manufacturer's specifications.
30-4
C. Location.
1. Amateur radio service antennas and towers shall not be erected in any
required yard (except a rear yard) or within a public or private utility and
drainage easement, and shall be set back a minimum of ten (10) feet from
all lot lines.
2. - Guy wires or guy wire anchors shall not be erected within public or private
.utility and drainage easements or required buffer yard, and shall be set back
a minimum of five (5) feet from all lot lines.
D. Tower Design.
1. Height.
a. Except as provided for in Section 11-30-13.D.1.b of this Title,
antennas and towers used in the amateur radio service may extend
a maximum of two (2) times the maximum height restriction for the
specific zoning district when in use. When not in use, such
equipment shall be restricted to a height not greater than the height
of the principal structure or thirty-five (35) feet, whichever is higher.
b. Vertical pole antennas not exceeding three (3) .inches in diameter that
are utilized in the. amateur radio service may extend to a maximum
height of forty-five (45) feet.:
2. Amateur radio towers-shall have fail points so as to assure that the structure
will collapse on the subject site and not extend to and jeopardize life or
adjacent property.
E. The installation of more than one (1) tower or support structure p2r property shall
require approval of an interim. use permit, subject to the provisions of Chapter 5 of
this Title.
11-30-15: SATELLITE DISHES:
A. Agricultural/Rural or Residential District Standards.. Single satellite dish TVROs
greater than one (1) meter and .less than three (3) meters in diameter may be
..allowed as an interim use within the residential zoning districts of the City. and'shall
comply with the following standards:
1. All accessoryand secondary use provisions of Section 11-30-11 of this
Chapter are satisfactorily met.
30-5
2. The lot on which the satellite dish antenna is located shall be of sufficient
size #o assure that an obstruction-free receive window can be maintained
within the limits of the property ownership.
3. Except where the satellite dish is screened by a structure exceeding .the
antenna height, landscape buffering and screening shall be maintained on
all sides of the satellite dish :antenna in a manner in which growth of the
landscape elements will not intertere wi#h the receive window.
4. The interim use permit .performance standards of Chapter. 5 of this Title are
considered and determined to be satisfied.
B. Commercial District Standards. Satellite dish antennas within commercial districts
of the City shall be limited to those listed as permitted accessory and secondary
uses in the applicable zoning district subject to the provisions ofiSections 11-30-11
of this Chapter.
C. Industrial District Standards. Commercial, private and public satellite dish
transmitting or receiving. antennas in excess of two (2) .meters may be allowed as
a conditional use within industrial districts of .the City and shall comply with the
following standards:
1. ..All. accessory and. secondary use provisions of Sections '11-30-11 of this
Chapter are satisfactorily met.
2. The lot on which the satellite dish antenna is located shall be of sufficient
size to assure that an obstruction free transmit-receive window or windows
can be maintained within the limits of the property ownership.
3. Except where the antenna is screened by a structure exceeding the antenna
height, landscape buffering and screening.shall be maintained on all sides
of the satellite dish antenna in a manner in which growth of the landscape
elements will not interfere with the transmit-receive window.
4. The conditional use permit performance standards of Chapter 4 of this Title
are considered and determined to be satisfied.
11-30-17. .PERSONAL WIRELESS SERVICE ANTENNAS:
A. Agricultural/Rural or Residential District Standards...
1. Antennas located upon a Public or Quasi-Public Structure or Existing Tower:
Personal Wireless Service antennas located upon public structures or
existing towers shall require the processing of an administrative permit and
shall comply with the following standards:
30-6
a. The ..applicant shall demonstrate by providing a coverage/
interference .analysis and capacity. analysis prepared by a qualified
engineer that location of the antennas as proposed. is necessary to
meet the frequency reuse and spacing needs of the personal wireless
service system and to provide adequate wireless coverage. and
capacity to areas which cannofi be adequately served by locating the
. antennas in a less restrictive district.
b. Transmitting, receiving and switching equipment shall. be housed
within an existing structure whenever possible. If a new. equipment
building is necessary for transmitting, receiving and switching
equipment,. it shall be situated.. in the rear yard. of the :principal. use
and shall. be screened from view by landscaping where appropriate.
c. An administrative permit is issued in compliance with the provisions
of Chapter8 of this Title andthe following standards:
(1) Antennas mounted on public structures shall not extend more;
than fifteen (15) feet above the structural height of the
structure to which they are attached.
(2) Roof mounted antennas shall not extend ,more. than ten (10)
feet above the roof, and shall be set back at least the height of
the antenna. structure from the roof edge.
(3) Wall. or facade mounted antennas may not exceed more than
.five (5) feef above the cornice line and must be constructed of
- a material or color which matches the exterior of the building.
(4) Antennas may be mounted to quasi-public structures that are.
allowed to exceed the maximum height. requirements of the
base districtpursuant to Section 11-17-7.E of this..Title. The
location of antennas on such structures may not exceed the
height: of the structure and must be architecturally compatible
in form and color.
2. Antennas not located upon a public. structure or existing tower: Personal
Wireless Service antenna not located upon apublic orquasi-public structure
or existing tower shall require the processing of a conditional use permit and
shall comply with the following standards:
a. The ..applicant shall demonstrate.. by providing a coverage/
interference analysis and capacity .analysis prepared by a qualified
engineer that location of the antennas as proposed is necessary~to
meet the frequency reuse and spacing needs of the wireless system
30-7
and to provide adequate portable coverage and capaci#y to areas.
which cannot be adequately served by locating the antennas in a
less restricitve district.
b. If no existing structure which meets the height requirementsfor the
antennas is available for mounting purposes, the antennas .may be
mounted on a single ground mounted pole. provided that:
(1) The pole does not exceed seventy-five (75) feet. in height,
except as may be allowed by approval of an .interim use
permit.
{2) The setback. of the pole from the nearest residential. property
line is not less than the height of the antenna. Exceptions to
such setback may be granted if a qualified engineer specifies
in writing that any collapse of the pole wilt occur within a lesser
distance under all foreseeable circumstances.
c. Transmitting, receiving -and switching equipment shall be housed
within an existing structure whenever possible. If a new equipment
building is necessary for transmitting, receiving and switching
equipment, it shall. be situated in the rear yard of the principal use
and shall be screened from .view by landscaping where appropriate.:
d. At the discretion of the City, a security fence not greater than eight (8)
feet in height with a maximum opacity of fifty (50) percent shall be
provided around the support structure.
e. The interim use 'permit. provisions. of Chapter 5 of this .Title are
considered and determined to be satisfied.
B. Commercial District Standards:
1. Antennas. Located. Upon. An Existing Structure or Tower Personal wireless
service antennas Located .upon an existing structure or co-located on an
existing structure shall require the processing of an administrative permit.
a. Transmitting, receiving and switching equipment shall be housed
within an existing structure whenever possible. If a new equipment
building is necessary for transmitting, receiving and switching
equipment, it shall be situated in the rear yard. of the principal use
and shall be screened from view by landscaping where appropriate.
b. An administrative permif is issued in compliance with the provisions
of Chapter 8 of this Title and the following standards:
30-8
(1) Antennas mounted on public structures shall not extend more
than fifteen (15) feet above the structural height of the
structure to which they are attached.
(2) Roof mounted antennas shall not extend more than ten. (10)
feet above the roof, and shall be setback at least the .height of
the antenna structure from the roof edge....
(3) Wall or facade mounted: antennas may not exceed more than
five (5) feet above the cornice line and must be constructed of
a material or color which matches the exterior of the building.
(4) Antennas may be mounted to quasi-public structures that are
allowed to exceed the maximum height requirements of the
base district pursuant to Section 11-17-7.E of this Title. The
location of antennas on such structures may not exceed the
height of the structure and must be architecturally compatible
inform and color.
2. Antennas Not Located Upon An Existing Structure or Existing Tower.
Personal wireless antennas. not located upon an existing. structure shall
require the processing of a conditional use permit and shall comply with the
following standards:
a. The applicant shall demonstrate by .providing a coverage/
interference analysis and capacity analysis prepared by a qualified
engineer that location: of the antennas as proposed is necessary. to
meet the frequency reuse and spacing needs of the cellular system
and to provide adequate portable cellular telephone coverage and
capacity to areas which cannot be adequately served by locating the
antennas in a less restrictive district.
b. If no existing structure which meets the height requirements for the
antennas is available for mounting purposes, the antennas may be
.mounted on a monopole tower provided that:
(1) The pole does not exceed seventy-five (75) feet in height,
except as may be allowed by approval of an interim use
permif.
(2) The setback of the pole from. the nearest residential property
line is not less than the height of the antenna. Exceptions to
such setback may be granted if a qualified engineer specifies
in writing that any collapse of the pole will occur within a lesser
distance under all foreseeable circumstances.
30-9
c. Transmitting, .receiving and switching equipment shall be housed
within an existing structure whenever possible. If a new equipment
building is necessary for transmitting, receiving and switching
equipment, it shall be situated in the rear yard of the principal use
and shall be screened from view by landscaping where appropriate.
d. At the discretion of the Zoning Administrator, a security: fence not
greater than eight (8) feet in height with a maximum opacity of fifty
(50) percent shall be provided around the support structure.
e. The. conditional use permit provisions of Chapter 4 of this Title are
considered. and determined to be satisfied.
C. Industrial District Standards.
1. Antennas Located Upon An Existing Structure or Existing Tower. Personal
wireless service antennas located upon an existing structure or co-located
on an existing tower shall require the processing of an administrative permit
and shall comply with the following standards:
a. An administrative permit is issued in compliance with the provisions
of Chapter 8 of this Title and the following standards:
1 Antennas mounted on ublic structures shall not extend more:
O p
..than fifteen (15) feet above the structural height of the
structure to which they are attached.
(2) Roof mounted antennas shall not extend more than ten (10)
feet above the roof, and shall be set back at least the .height of
the antenna structure from the roof edge.
(3) Wall or facade mounted .antennas may not exceed more than
#ive (5) feet abovethe cornice line and must be constructed of
a material or color which matches the exterior of the building.
(4) Antennas may be mounted to quasi-public structures that are
allowed` to exceed the maximum height requirements of the
base. district pursuant to Section 11-17-7. E of this Title. The
location of antennas on such structures may not exceed the
height of the structure and must be architecturally compatible
in form and color.
2. Antennas. Not Located Upon An .Existing Structure or Existing Tower:
Personal Wireless Service antennas not located upon. a public structure or
tower shall require the. processing of an administrative permit and shall
comply with the following standards:
30-10
a. If there is no existing structure which meets the height requirements
for mounting the antennas, the antennas may be mounted upon a
monopole tower. not exceeding one hundred fifty (150} feet in height.
The tower shall be located on a parcel having a setback equal to the
height of the tower measured between the base of the pole or tower
located nearest the property line and said property line,. unless: a
qualified engineer specifies inwriting that the collapse of the pole or
tower will occur within a aesser distance under all foreseeable
...circumstances.
b. An administrative .permit is issued in compliance with the. provisions
of Chapter 8 of this Title..
11-30-19: TEMPORARY MOBILE TOWERS: Personal. wireless service antennas in
all commercial, industrial and public/institutional districts, located upon. a temporary mobile
tower used on an interim basis, shall require. the processing of an administrative permit
and shall .comply with the following standards:
A. Temporary. mobile towers are exempt from permanent tower structure design and
co-location standards contained in Section 11-30-5 and 11-30-7.
B. The termination date of the permit shall not exceed .one :hundred. twenty (120) days.
Temporary mobile towers located on a site longer than one hundred twenty (120)
days shall require the processing of an interimuse permit as provided in Chapter
5 of this Title.
C. Guyed towers are prohibited.
E. Mobile units shall have a minimum tower design wind load of eight (80) miles per
hour, or be setback from all structures a distance equal to the height of the tower.
E. All towers shall be protected against unauthorized climbing.
F. The height of the tower- shall not exceed ninety (90} feet, except as may be allowed
by approval of an interim use permit.
G. Temporary towers shall. be prohibited in agricultural/rural or residential zoning
districts.
11-30-21: COMMERCIAL AND PUBLIC. RADIO AND TELEVISION TRANSMITTING
ANTENNAS, PUBLIC SAFETY COMMUNICATION ANTENNAS, AN:D PUBLIC UTILITY
MICROWAVE ANTENNAS:. Commercial and public radio and television transmitting and
public utility microwave antennas shall comply with the following standards:
30-11
A. Such antennas shall be considered an allowed interim use within the industrial
districts and shall be subject to the regulations and requirements of Chapter 5 of
this Title.
B. The antennas, transmitting towers, or array. of towers shall be located. on a
continuous parcel having a setback equal to the height of the antenna, transmitting
tower, or array of towers measured between the. base of the antenna or tower
located nearest a property line and said property line, unless a qualified structural
engineer specifies in writing that the collapse-of any antenna or tower will occur
within a lesser distance under all foreseeable circumstances.
C. Unless the antenna is mounted on an existing structure, at the discretion of the City,
a fence not greater than eight (8) feet in height with a maximum opacity of fifty (50)
percent shall be provided around the support structure and other equipment.
D. Towers in excess of one hundred fifty (150) feet: may be of a lattice design..
11-30-23: TELECOMMUNICATIONS RIGHTS-OF-WAY USERS:
A. Purpose: The purpose of this section is to establish predictable and balanced
regulations for the siting and placement of telecommunicationfacilities, including
wireless equipment within public rights-of-way under the jurisdiction. of the City of
Lakeville. The City holdsthe rights-of-way within .its geographical boundaries as
an asset intrust for its citizens.. The City strives to keep its rights-of-way in a state
of good repair and free from unnecessary encumbrances. The uncontrolled and
unregulated placement of telecommunication equipment in the right-of-way may
cause obstruction to pedestrian and vehicular traffic; thereby endangering .the
public health and safety. This section establishes the minimum requirements for
locating telecommunication facilities within the .City's public rights-of-way in a
manner that does. not jeopardize the public health, safety and general welfare.
B. Administrative Permit Required: The placement of any telecommunication
equipment in the public right-of-way shall require an administrative permit subject
to the provisions of Chapter 8 of this Title and shall be processed according to the
following:
1. Prior to the installation of any telecommunication equipment, the owner of
such service shall file with the City, maps, site plans and other pertinent
information as deemed necessary by the Zoning Administrator for review of
the proposed project.
2. All wireless communication :poles,.. antennas, radio receivers, and
transmitters shall. comply with the following standards:.
30-12
a. Antennas and radio transmitter. and receiver devices shall be
permitted on all electrical transmission towers, and on utility and light
poles that do not exceed sixty (60) feet in height.
b. The .replacement or extension of a utility. or light pole shall be
permitted provided the pole or extension does not .exceed sixty (60)
feet in height.
c. Antennas and radio transmitter and. receiver devices shah not.extend
horizontally more than twenty-four (24) inches from the pole.
d. An application to locate wireless antennas and equipment in the right-
of-way shall not be approved unless the applicant demonstrates that
the antennas cannot be accommodated on an existing tower,
building, or structure located outside of a public right-of-way within a
one-half (1/2) mile search radius, subject to the criteria and standards
provided in Section 11-30-3 of this Title.
e. .Wireless antennas and equipment located in the right-of-way abutting.
residentially zoned property shall be prohibited, unless the applicant.
demonstrates by providing a coverage or capacity analysis prepared
by a professional engineer that location of the antennas as proposed
is necessary to meet the frequency reuse and spacing needs of the
wireless system and to provide adequate coverage and capacity to
.areas which cannot be adequately served by locating the antennas
in the right-of-way abutting a less restrictive zoning district.
f. Radio transmitters and receivers attached to an existing utility pole or
light standard shall be exempt from Section 11-30-23.B.2.c and
Section 11-30-23.B.2.d of this Title provided the following conditions
are met:
(1) Transmitter and receiver devices do not exceed two (2) cubic
feet.
(2) Transmitter and receiver devices do not extend more than
eighteen (18) inches from the pole or any existing attachments
to the pole.
(3) Any antennas do not extend more than twenty-four (24) inches
from he equipment.
(4) There is no ground mounted equipment or structures.
g. All .ground mounted accessory. equipment. shall be set back at Least
fifty (50) feet from the nearest principal residential structure..
30-13
h. All ground mounted equipment shall not exceed five (5) feet in height
or twenty (20) square; feet in size, and shall be located as far as
possible, but at least five (5) feet from the road surface.
i. In addition to receiving the necessary permits and approvals, the City
may require the applicant to enter into an encroachment agreement..
3. Upon determining compliance with the provisions: of the City Code and
Comprehensive Plan, the Zoning Administrator shall issue an administrative
permit for the installation and operation of any structure or equipment.
4. The Zoning Administrator may deny a permit or attach conditions to the
permit approval to protect the public health, safety and welfare, to prevent
interference with the safety and convenience of ordinary travel over the right-
of-way, or when necessary to protect the right-of-way and its users. The
Zoning Administrator may consider one or more of the following factors:
a. The extent to :which right-of-way space where the permit is sought is
available.
b. The competing demands for the particular space in the right-of-way.
c. The availability of other locations in the right-of-way or in other rights-
of-way for the equipment of the permit application.
d. The preservation of the right-of-way for uses that,. due to their
physical. nature, do not have the option of locating on .private
property.
e. The applicability of ordinances or other regulations of the right-of-way
that affect location of equipment in the right-of-way.
5. The decision to either grant or deny a permit may be appealed to the City
.Council within ten (10) days after the Zoning Administrator's written decision.
The. appeal shall be processed under the rules set forth in Chapter'7 of this
Title.
6. The permittee shall notify the Zoning Administrator upon completion of the
work specified in the permit.
C. Conditional Use Permit Required. The following require a conditional use permit
based upon procedures set forth in and regulated by Chapter 4 of this Title.
Additionally, each request for a conditional use permit shall be evaluated based
upon the standards and criteria set forth in Section 11-4-3.E and 11-4-7 of this Title.
30-14
1. Poles and towers used exclusively for the placement of wireless antennas,
provided the pole or tower complies with the standards and criteria set forth
in Chapter 30 of this Title.
2. Ground mounted equipment that exceeds the size limit specified in Section
11-30-23.B.2 of this Title..-
11-30-25: ADDITIONAL SUBMITTAL REQUIREMENT:. In addition to the information
required elsewhere in this Title, .development .applications for towers, excluding amateur
radio towers, shall include the following supplemental information:
A. A Fetter of intent committing the tower. owner and their successors to allow the
shared use of the tower if an additional user agrees in writing to meet reasonable
terms and conditions for shared use.
B. A copy.. of the i`elevantportions of a signed lease which requires the applicant to
remove the tower and. associated facilities when they are abandoned, unused or
become hazardous shall be submitted to the City.
30-15
CHAPTER 31
DAY CARE FACILITIES
SECTION:
11-31-1: Purpose
11-31-3: Application
11-31-5: General. Provisions
11-31-7: Nonconforming Use
11-31-9: Inspection
11-31-1: PURPOSE: The regulation of day care facilities in this Title is to establish
standards and. procedures by which day care facilities can be conducted within the City
without jeopardizing the health, safety,. and general welfare of the day care participants
and/or the surrounding neighborhood. This Chapter establishes the City's .minimum
requirements for the establishment of a day care facility not allowed as permitted uses.
11-31-3: APPLICATION:
A. Conditional Use: Da care facilities exce t as otherwise rovided for sha e
Y P P tl b
allowed as a conditional use within the zoning districts established by Chapter 45
of this Title, subject to the regulations and requirements of Chapter 4 of this Title.
In addition to the City regulation, all day care facility operations shall comply with
the minimum requirements of the applicable Minnesota Department of Human
Services regulations.
B. Declaration Of Conditions: The Planning Commission and City Council may impose
such conditions on the granting of a day care facility conditional use permit as may
be necessary to carry out the purpose and provisions of this Chapter.:
C. Site Plan Drawing .Necessary: All applications for a day care facility conditional use
permit shall be accompanied by a site plan drawn to scale and dimensioned,
displaying the information required by Chapter 9 of this. Title.
11-31-5: GENERAL PROVISIONS: Day .care` facilities shat) meet. all the applicable
- provisions of this Chapter of this Title.
A. Lot Requirements And Setbacks: The. proposed site #or a day care facility shall
have a minimum lot area as determined by the Minnesota Department of Human.. .
Services and the district in which it is located. The City Council may increase the
required lot area in those cases where such an increase is considered necessary
31-1
to ensure compatibility of activities and maintain the. public health, safety and
general welfare. The day care facility must meet the minimum setback requirements
of the .respective zoning districts.
B. Sewer And- Water: All day care facilities shall have access to Municipal sewer and
water or have adequate private sewer and water to protect the health and: safety of
all. persons who occupy the facility.
C. Screening: Where the day care facility is in or abuts any commercial or industrial
use or .zoned property, the day care facility shall provide screening along the
shared boundary of the two (2) uses. All of the required fencing and screening shall
.comply with the fencing and screening requirements in Sections 11-21-3 and 11-21-
7 of this Title.
D. Parking:
4. There shall be adequate off-street parking which shall be located separately
from any outdoor play area and shall be in compliance with Chapter 19 of
this Title. Parking areas shall be screened from view of surrounding and
abutting residential districts in compliance with Chapter 21 of this Title.
2. -There shall be adequate. short-term parking or drop off area provided within
close proximity to the main entrance. Short-term or drop off parking shall
accommodate three (3) car spaces and shall be designated as temporary in
nature. The short #erm parking or drop off area shall not conflict with off-
street parking access and shall not conflicf with pedestrian movement.
3. Except as may. be approved as .part of a joint parking arrangement, as
regulated by Section 11-19-19 of this Title, when. a day care facility is an '
accessory use within a structure containing another principal use, each use
shall be calculated separately for determining the total off-street parking
spaces required.
E. Loading: One off-street Loading space in compliance with Chapter 20 of this Title
shall be provided.
F. Signage: All signing and informational or visual communication devices shall be in
compliance with Chapter 23 of this Title.
G. Day Care .Facility: The building plans for the construction or alteration of a structure
that shall be used. as a day care facility shall be submitted to the City for review by
the City Building Official to ensure that the structure is in compliance with the State
Building Code. The facility shall. meet the following conditions:
1: Architectural Appearance: The architectural~appearance and functional .plan
of the building and site shall not be so dissimilar to the existing buildings or
31-2
area as to cause incompatibility with neighboring .properties or .constitute. a
blighting influence within a reasonable distance of the lot..
2. Land Use Compatibility: Internal andexternal site land use compatibility and
sufficient peripheral area protections shalt be provided by the day care
facility.
3. Play .space must be adequately enclosed where necessary to, prevent
children from leaving the premises unattended.
4. Outdoor play areas shall not be provided within the required.. front yard
setbacks.
H. State Licenses: Proof of approved applicable State licenses shall be provided to
the Zoning Administrator prior to the Building Official granting a certificate of
occupancy..
11-31-7: NONCONFORMING USE: Existing day care facilities lawfully existing on the
effective date hereof may continue as nonconforming uses. They shall, however, be
required to obtain applicable State and City permits for their continued operation. Any
..existing daycare facility that is discontinued for a period of more than thirty (30) days, or
is in violation of the Title provisions under which it was initially established, shall be
brought into conformity with the provisions of this Chapter.
11-31-9: INSPECTION: The City hereby reserves the right upon issuing any day care
facility conditional use permit to inspect the premises in which the occupation is being
conducted to ensure compliance with the provisions of this Chapter or any conditions..
additionally imposed.
31-3
CHAPTER 32
HOME OCCUPATIONS
SECTION:
11-32-1: Purpose
11-32-3: Application
11-32-5: Procedures And Permits
11-32-7: Requirement, General Provisions
11-32-9: Nonconforming Use
11-32-11: Inspection
11-32-1: PURPOSE: Thepurpose of this Chapter is to maintain the characterand integrity
of residential areas, to prevent competition with commercial districts, to encourage
telecommuting, and to provide a means through the establishment of specific standards
and procedures by which home occupations can be conducted in residential
neighborhoods without jeopardizing. the health, safety. and general welfare of the
surrounding neighborhood. In addition, this Chapter is intended to provide a mechanism
enabling the distinction between permitted home occupations and special or customarily
"more sensitive" home occupations, so that permitted home occupations may beallowed:
through an administrative process rather. than~a legislative hearing process.
11-32-3: APPLICATION: Subject to the nonconforming use provision of this Chapter, all
occupations conducted in the home shall comply with the provisionsof this Chapter. This
Chapter shall not be construed, however, to apply to home occupations accessory to
farming, nor home offices as defined by this Title.
11-32-5: PROCEDURES AND PERMITS:
A. Permitted Home Occupation:
1. Any "permitted home occupation" as defined in this Title shall require a
"permitted home occupation permit". Such permits shall be issued subject to
the conditions of this Chapter, other applicable. City ordinances and State
law. This permit may be fssued by the Zoning Administrator based upon
proof of compliance with the provisions of this Chapter. Application forthe
"permitted home occupation permit" shall be accompanied by a fee as
adopted by the City Council If the Zoning Administrator denies a permitted
home occupation permit to an applicant, the applicant ,may appeal the
decision .pursuant to Chapter 7 of this Title.
32-1
2.. The permit shall remain in full force and effect until such time as there has
been a change in conditions or until. such time as the provisions of this
Chapter have been breached. At such time as the City has reason to believe
that either .event has taken place, a public. hearing shall be held before the
Planning Commission. The City Council shall make a final decision on
whether or .not the permit holder is entitled to the permit.
B. Special Home Occupation: Any home occupation which does not meet the specific
requirements for a permitted home occupation as defined in this Section shall
require a "special home occupation permit" which shall be applied for, reviewed and
disposed of in accordance with the provisions of Section 5 of this Title.
C. Declaration Of Conditions: The Planning Commission and City Council may impose
such conditions on the. granting of a "special home occupation permit" as may be
necessary to carry out the purpose and provisions of this Section.
D. Effect Of Permit: A "special home occupation permit" may be issued for a period of
one year, after which the permit. may be reissued for periods of up to three (3) years
each. Each application for permit renewal shall,. however, be processed in
accordance with the provisions of Section 5 of this Title regarding interim use
permits, except that no public hearing is required on the permit renewal, unless
deemed necessary by the Planning Commission or City Council. However, notice
of the permit renewal application: must be provided to all property owners of .land
within five hundred (500) feet of the boundary of the property in question. The
notice must provide the date of consideration before the Planning :Commission and
indicate that parties may be heard to consider the application. Failure of a property
owner to receive said notice shall not invalidate any such proceedings as .set forth
within this Title.
E. Transferability: Permits shall not run with the land and shall not be transferable.
F. Lapse Of Special Home Occupation Permit. By Nonuse: Whenever within one (1)
year after granting a special home occupation permit the use as permitted by the
permit shall not have been initiated, then such permit shall become null and void
unless a petition for extension of time in .which to complete the work has been
granted by the City Council Such extension shall be requested in writing and filed
with the Zoning .Administrator at least thirty (30) days before the expiration of the
original permit. There shall be no charge for the filing of such petition. The request
for extension shall state facts showing a good faith attempt to initiate the use. Such
petition. shall be presented to the Planning. Commission for a recommendation. and
to the City. Council fora decision.
G. Reconsideration: Whenever an application for a special home occupation permit
has been considered and denied by the City Council, a similar application for a
permit affecting substantially the same property and use shall not be considered
again by the Planning. Commission or City Council for at least six (6) months from
32-2
the date of-its denial unless a decision to .reconsider such matter is made by not.
less than four-fifths (4/5) vote of the full City Council.
H. Renewal Of Permits: An applicant shall not have a vested right to a permit renewal
by reason of .having obtained a previous permit. In applying for and accepting a
permit, the permit holder agrees .that his monetary .investment in .the home
occupation: will be fully amortized over the life of the permit and that a permit
renewal will. not be needed to .amortize the investment. Each application for the
renewal of a permit will be considered de novo without taking into considerationthat
a previous permit has. been granted. The .previous granting or renewal of apermit
shall not constitute a precedent or basis for the renewal. of a permit.
11-32-7: REQUIREMENT, GENERAL PROVISIONS: All home occupations shah comply
with the following general provisions and according #o definition, the .applicable
requirementprovisions.
A. General Provisions:
1. No home occupation shall produce light glare, noise, .odor or vibration that
will in any way have an objectionable effect upon adjacent or nearby
property.
2. No a ui menu shall be used i he ome occu atio
q p n t h p n which will create
electrical interference to surrounding properties.
3. Any home occupation shall be clearly :incidental. and secondary to the
residential. use of the premises, should not change the residential character
thereof, and shall result. in no incompatibility or disturbance to the
surrounding residential uses.
4. No home occupation shall require internal or external alterations or involve.
.construction features not customarily found in dwellings except where
required to complywith local and State fire and police recommendations..
5. All permitted. home and special home occupations shall be conducted
entirely within the living quarters of the principal dwelling and may not be
conducted in any portion of an attached private garage or within accessory
buildings.
6. There shall. be no exterior storage of equipment. or materials used in the
home occupation, except personal automobiles used in the home occupation
may be parked on the site..
7. The home occupation shall meet all applicable Fire and Building Codes.
32-3
8. There shall be no exterior display or exterior signs or interior display or
interior signs which are visible from outside the dwelling with the exception
of one (1) directional or identification/business sign not to exceed two (2)
square feet in area.
9. All home occupations shall comply with the provisions of the City Nuisance
Ordinance.
10. No home occupation shall be conducted between the hours of ten o'clock
(10:00) P.M. and seven o'clock (7:00) A.M. unless said occupation will not
require any on-street oroff-street parking facilities.
B. Requirements, Permitted Home Occupations:
1. No person other than those who customarily reside on the premises shall be
employed.
2. Permitted home occupations shall not create a parking demand in excess of
that which can be accommodated in an existing driveway or guest parking
area for multiple family dwellings, where no vehicle is parked closer than
fifteen (15) feet from the curb line or edge of paved surface.
3. Permitted home occupations include and are limited to: art studio, tailoring,
• secretarial services, consulting services, professional offices and teaching
with musical, dancing and other instructions which consist of no more than
one pupil at a time and similar uses.
4. The home occupation shall not involve any of the following: repair service or
manufacturing which requires equipment other than found in a dwelling;
teaching or services which consists of more than one pupil, client, or
customer at a time; over-the-counter sale of merchandise produced off the
premises.
C. Requirements, Special Home Occupation:
1. No person other than. a resident shall conduct the home occupation, except.
where the applicant can satisfactorily prove unusual or unique conditions or
need for nonresident assistance and that this exception would not
compromise the intent of this Chapter.
2. Examples of special home occupations include: barber and beauty services,
massage therapy, photography studio, group lessons, small appliances
repair, the marketing of non-over the counter brand name products, and the
like.
32-4
3. .The special home occupation may involve any of the following: stock-in-trade:.
incidental to the pertormance of the service, repair service or manufacturing
which requires equipment other, than customarily found in a home, the .
teaching with musical, dancing and other instruction. of more than one pupil
at a time.
4. Special home occupations may be al owed to accommodate their parking
demand through utilization of on-street parking. In such cases where on-
street parking facilities are necessary, however, the City Council. shall.
maintain .the right to establish. the maximum number of on-street-spaces
permitted and increase or decrease that maximum number when and where `
changing conditions require additional review.
11-32-9: NON-CONFORMING USE: Existing home occupations lawfully existing on the
effective date hereof, may continue as non-conforming uses. They shall, however, be
required to obtain permits for their continued operation. Any existing home occupation that.
is discontinued for a period of more than thirty (30) days, or is in violation of the provisions
under which it was initially established, shall be brought into conformity with the provisions
of this Chapter.
11-32-11: INSPECTION:.. The City hereby reserves the right upon issuing. any home
occupation permit to inspect the premises in which the occupation is being conducted to
ensure compliance with the. provisions of this Chapter or any conditions additionally
imposed.
32-5
.CHAPTER 33
SPECIALIZED HOUSING
SECTION:
11-33-1: Purpose
11-33-3: Bed and Breakfast Establishments
11-33-5: Residential Shelters
11-33-1: PURPOSE: The. purpose of this .Chapter is to establish performance
standards for residential uses that operate beyond the scope of traditional residential uses
by providing temporary accommodations on an ongoing basis within certain residential
areas. ,
11-33-3: BED AND BREAKFAST ESTABLISHMENTS:
A. .District Application. Bed .and breakfast establishments. are allowed within the RA,
RAO, and RS-CBD Zoning bistricts subject to the approval of a conditional .use
permit.
B. Conditions of Approval. In addition to general standards and criteria provided in
Chapter 4 of this Title, a bed and: breakfast establishment may be allowed .provided
that:
1. A maximum of four (4) bed and breakfast. units may be established in a
structure.
2. The facility .shall have a state license (hotel and food), and comply with
-building and fire codes as maybe required or applicable.
3. The facility shall be owner or manager occupied.
4. The principal structure shall have a minimum size of one .thousand. five
hundred (1,500) gross square feet and shall be located on a lot which meets
the minimum lot size of the district in which it is Jocated.
5. All,bed and breakfast units shall be established within the principal structure.
6. Not more than the equivalent of one (1) full time person shall be employed..
by the bed and breakfast facility who is not a resident of the structure..
7. Dining and other facilities shall not be open to the general public but shall
33-1
be used exclusively by the registered guests and residents.
8. Two (2) off-street parking spaces shall be provided for the home plus one (1)
off-street parking space for each bed and breakfast unit. Parking areas shall
be screened and landscaped pursuant to Section 11-19-7:I of this Title.
9. Not more than one (1) identification sign not exceeding four (4) square feet
in area may be attached to each wall which faces a street. The sign shall be
.reflective of the architectural features of the structure and may. not be
internally illuminated or lighted between 10:00 PM and 6:00 AM.
10. Adequate,lighting shall be provided between the principal structure and the
parking .area. for safety. purposes. Any additional external lighting is
prohibited.
11-33-5: RESIDENTIAL SHELTERS:
A. District Application: Such uses may be allowed within residential districts subject
to the approval of an interim use permit.
B. Conditions of Approval A residential shelter, as defined in Section 11-2-3 of this
Title, or similar type use may be allowed provided that:
1. No external building improvements are undertaken which alter the original
character of the home unless approved by the City Council..
2. No on-street parking shall. be allowed. Adequate off-street parking shall be
required by the City based on the staff and resident needs of each specific
facility. Private driveways shall be of adequate. width to accommodate
effective vehicle circulation and are to be equipped with a turnaround area
to prevent backing maneuvers onto public streets. Driveways shall be
maintained. in an open manner at all times and emergency vehicle access
shall be available. Adequate sight distance at the access point'shall be
available.
3. Landscaping buffering from surrounding residential uses shall be provided
consistent with the requirements contained in Section 11-21-9 of this .Title.
A privacy fence of appropriate residential design may be required. to limit off-
- site impacts. Landscape screening from surrounding residential uses may
be required by the Zoning Administrator depending. on the type, location and
proximity of residential areas to a specific facility.
4. Submission of detailed program information including goals, policies, activity
schedule, staffing patterns and targeted capacity which may result in the
imposition of reasonable conditions to limit the off-site impacts..
33-2
5. Submission of a formal ite and building plan review if a determination of
need for. such review is made by he City.
6. Additional conditions may be required by the City in order to address the
specific impacts of a proposed facility.
33-3
CHAPTER 34
SEXUALLY ORIENTED USES
SECTION:
11-34-1: Purpose
11-34-3: General Provisions
11-34-5: Sexually Oriented Uses, Principal.
11-34-7: Sexually Oriented Uses, Accessory
11-34-1: PURPOSE:. The purpose of this Chapter is to establish .provisions for the
.opportunity as well as controls of sexually oriented uses within the City.
11-34-3: GENERAL PROVISIONS: "SexuaNy orienteduses" as defined in this Chapter
shall be subject to the following general provisions:
A. Activities classified as "obscene" as defined by Minnesota Statutes, section
617.241 are not permitted and are prohibited.
B. Sexual) oriented uses either rinci al or accesso shall
y p p ry, be prohibited from
locating in any building. which is also utilized for residential purposes.
C. Sexually oriented uses, either principal. or accessory, shall be prohibited from
locating in any building which is also used to dispense or consume alcoholic
beverages.
D. Asexually oriented use which. does not qualify as an accessory use shall be
classified as a sexuaNy oriented use, principal.
11-34-5: SEXUALLY ORIENTED:USES, PRINCIPAL:
A. Sexually oriented uses, principal shall be located at least-three hundred.{300) radial
.feet, as measured in a straight line from the closest point of the property line of the
parcel upon which the sexually oriented use, principal is located to the property line
of: -
1. Residentially zoned property.
2. A licensed .day care center.
34-1
3. A public or private educational facility classified as apre-school, elementary,
junior high or senior high.
4. A public library.
5. A public park.
6: Another sexually oriented use, principal
7. An on/off-sale liquor establishment.
B. "Sexually oriented use;` principal" activities, as defined by this Chapter, .shall be
classified as one use. No two (Z) sexually oriented uses, principal shalt be located.
in the same building or upon the same property and each use shall be subject to
subsection A of this Section.'-
C. Sexually oriented uses, principal shall, in addition to other sign requirements
established by City Code, also adhere to the following signing regulations:
1. Sign messages shall be generic in nature and shah only identify the type of
business which is being conducted.
2. Shall not contain- material classified as advertising.
3. Shall comply with the requirements of size and number for the district in
which they are .located.
11-34-7: SEXUALLY ORIENTED USES, ACCESSORY:
A. Sexually oriented uses, accessory shall
1. Comprise. no more than ten (10) percent of the .floor-area ofi the
establishment in which it is located.
2. Comprise no more than twenty (20) percent of the gross receipts of the
entire business operation.
3. Not involve. or include any activity except the sale or rental of merchandise.
B. Sexually oriented uses, accessory shall be restricted from and prohibit access to
minors by the physical separation of such items from areas of general .public
.access:.
34-2
1. Movie Rentals: Display areas shall be restricted from general view and shall
be located within a separate room; the access of which is in clear view and
under the control of the persons responsible for the operation or shall be in
catalogs under the direct control and distribution of the operator.
2. Magazines: Publications classified or qualifying as sexually oriented uses`
shall not be physically accessible to minors and shall be covered with a
wrapper or other means to prevent display of any material other than the
publication title.
3. Other Use: Sexually oriented uses, accessory not specifically cited shall
comply withthe intent of this Chapter subject to the approval of the Zoning.
Administrator.
C. Sexually oriented uses, .accessory shall be prohibited from both: internal and
external advertising and. signing of sexually. oriented materials and products.
D. Sexually. oriented uses, accessory activities shall. be prohibited at any public show,
movie, caravan, circus, carnival, theatrical or other performance or exhibition
presented to the general public where minors are admitted.
34-3
CHAPTER 35
ANIMALS
SECTION::
11-35-1: Purpose
11-35-3: Keeping Animals
11-35-1: PURPOSE: The purpose of this Chapter is to provide standards for the
keeping of animals in association with various allowed uses in a manner compatible with
surrounding uses and consistent with the health, safety, and general welfare of the
community_
11-35-3: KEEPING ANIMALS: The following animals may be kept in the City:
A. The keeping of house pets is a permitted accessory use: in all zoning districts.
B. The keeping of horses is a permitted accessory use in all .zoning districts provided:
1. The minimum lot size is two and one-half 2'/ acres.
~ z)
2. The number of horses does not exceed one per acre unless a higher number
is granted by the issuance of a conditional use permit.
C. The keeping. of farm animals is an allowed activity on atl farm property. Farm
animals may not be confined in a pen, feedlot or building within one hundred (100)
feet of any residential. dwelling not owned or leased by the farmer.
D. With the exception of the keeping of animals allowed by subsections A, B, and C
of this Section,. no other animals are allowed.. except by interim use permit as
regulated under the provisions of Chapter 5 of this Title.
E. Animals may only be kept for commercial .purposes if authorized in .the zoning
district where the animals are located.
F. Animals may not be kept if they cause a nuisance or endanger the health or safety
of the community,
G. Animal enclosures. shall be subject to the accessory structure requirements. of
Section 11-18-5.E of this Title.
35-1
CHAPTER 36
...AIRPORT ZONING
SECTION:
11-36-1: Regulations
11-36-3: Obstructions
11-36-1: REGULATIONS: Airport development and operation as well as applicable
surrounding and adjacent development and use shall be regulated subject to Minnesota
.Statutes,. Chapter 360, as may be amended.
11-36-3: OBSTRUCTIONS: In the case. of any proposal to construct or alter a structure
which will exceed a height of two hundred (200) feet above ground IeveF ofithe site, or any
proposal to construct or"alter a structure to a height of greater than an imaginary surtace
extending upward. and outward at a slope of one hundred (.100) to one (1) from the nearest
point of the nearest runway of a public airport, the applicant. shall notify the Commissioner
of the. Minnesota Department of Transportation in writing of the plans at least thirty (30)
days in advance of making applicable permit requests to the City. The applicant shall
provide the Zoning Administrator with any comments received from the Commissioner of
the Minnesota Department of Transportation as part of the required applicable permit
request. This local reporting. is in addition. to any federal permitting and review processing
which may be simultaneously required.
36-1
CHAPTER 37
MOTOR VEHICLE FUEL FACILITIES
SECTION:
11-37-1: Purpose
11-37-3: Motor Vehicle Fuel Sales
11-37-5: Motor Vehicle Fuel Sales Including Convenience Grocery and
Prepared Food -
11-37-7: Truck Stops
11-37-1: PURPOSE: The purpose of this section is to establish specific design and
operational performance standards for motor #uel facilities developed as part of the
Lakeville Fuel Facilities Study.
11-37-3: ...MOTOR VEHICLE FUEL. SALES (NOT INCLUDING TRUCK STOPS OR
.AUTOMOBILE REPAIR):
A. Motor vehicle fuel sales shall be allowed in a C-1, C-2, C-3, and C-CBD District as
a conditional use.. The standards and requirements for motor fuel sales shall be m
addition to those which are imposed for other uses and activities occurring on the
property.
B. Motor Fuel Facilities: Motor fuel facilities shall be installed in accordance with State
and City standards. Additionally, adequate space shall be provided to access fuel
pumps and allow maneuverability around the pumps. Underground fuel storage
tanks are to be positioned to allow adequate access by motor fuel transports and
unloading operations which do not conflict with circulation, access `and other
activities on the site. Fuel pumps shall be installed on pump islands.
C. Area: A minimum lot area of one and one-quarter (1'/4) acres and minimum lot
frontage of one hundred fifty (150) feet. If the canopy is attached to the principal
structure, the. minimum lot size may be reduced to one acre. The City Council may
exempt previously developed `or previously platted property from this requirement
provided that the site is capable of adequately and safely handling all activities and
required facilities.
D. Hours: `Hours. of operation shall be limited within the respective zoning district as
follows, unless extended by the .City Council as part of the conditional use permit:
1. C-1 District: 5:00 AM to 11:00 PM.
37-1
2. C-2 District: No .limit except as may be required by the City Council.
3. C-3 District: No limit except as may be required by the City Council
4. C-CBD District: 5:00 AM to 11:00 PM.
E.- Architectural Standards:
1. As a part of the conditional use permit application, a color illustration of all
building elevations must be submitted..
2. The architectural appearance, scale, and functional plan of the building(s)
and canopy shall be complementary and compatible with each other and the .
existing buildings in the neighborhood setting.
3. All sides of the principal and accessory structures are to have essentially the
same or a coordinated. harmonious finish- treatment pursuant to Section 11-
17-9 of this Title.
4. Exterior wall treatments like brick, stone (natural or artificial), decorative
concrete block and stucco shall be used.
5. Earth tone colors of exterior materials including the canopy columns shall be
required. "Earth tone colors" shall be defined as any various soft colors like
those found in nature in soil, vegetation, etc., such colors are limited to
brown, black, grey, tan, beige,: soft green, soft blue, or white..
6. Ten (10) percent of the building facade may contain contrasting colors..
Contrasting colors shall be those colors not defined as earth tones. Thee
canopy may have contrasting color bands or accent lines not to exceed an
accumulative width of four (4) inches. The color bands shall not be
illuminated.
F. Canopy: A protective canopy structure may be located over the pump island(s), as
an accessory structure. The canopy shall meet the following performance
standards:
1. The edge of the canopy shall. be twenty (20) feet or more from the front
and/or side lot line, provided that adequate visibility both on-site and off-site
is maintained.
2. The canopy shall not exceed eighteen (18) feet in height and must provide
fourteen (14) feet of clearance to accommodate asemi-trailer truck passing
underneath.
3. The canopy fascia shall not exceed three (3}feet in vertical height..
37-2 _
4. Canopy lighting shall consist of canister spotlights recessed into the .canopy.
No portion of the light source orfixture may .extend below the bottom face of
.the canopy. Total canopy illumination may not exceed one hundred fifteen
(115).. foot-candles below the canopy at ground. level. The fascia. of ..the
canopy shall not be illuminated.
5. The architectural design, colors, and character of the. canopy. shall be
consistent with the principal. building on the site.
6. signage may be allowed on a detached canopy in lieu of wall signage on the
principal structure, provided that:
a. The individual canopy sign does not exceed.-more than twenty (20)
percent of the canopy facade facing a public right of way.'
b. The canopy fascia shall not be illuminated, .except for permitted
canopy signage.
7. Canopy posts/sign posts shall not obstruct traffic or the safe operation of the
gas pumps...
G. Pump Islands: Pump islands must comply with the following performance. standards:
1. Pum islands must be elevated six 6 inches above thetraveled surface of
p O
the site.
2. All pump islands must be set at least thirty (30) feet back from any property
line. Additionally, the setback between. the pump islands curb face must be
at least twenty-four (24) feet.
H. Dust Control And Drainage: The entire site other than taken up by a building,
structure,-or plantings shall be surfaced with asphalt, concrete, cobblestone or
paving brick. Plans for surfacing and drainage shall be subject to approval of the
City Engineer. Drainage from all fueling areas shalt be directed to an oil/grit
separator.. Minimum design standards for the oil/grit separator shall. include the
following.:.
1. A minimum of four hundred (400) cubic feet of permanent pool storage
capacity per acre of drainage area.
2. A minimum pool depth of four (4) feet.
3. A minimum oil containment capacity of eight hundred. (800) gallons.:
4. Minimum maintenance/inspection of two (2) times per year and/or after
measurable spill events. A measurable spill shall be defined by the
37-3
Minnesota Pollution Control Agency (MPCA). Any measurable spill event
must be reported to the MPCA,
L Landscaping:.
1. At least twenty-five (25) percent of the lot, parcel or tract of land used
exclusively for the gas sales facility shall remain as a grass plot, including
. trees, shrubbery, plantings or fencing and shall be landscaped... Required
minimum green area .should be emphasized in the front. and. side yards
abutting streets or residential property.
2: At the boundaries of the lot, the following landscape area shall be required:
a. From side and rear property lines, an area of not less than five (5)
.feet wide shall be landscaped in compliance with Section 41-21-9 of
this Title.
b. From all road rights-of-way, an area of not Less than fifteen (15) feet
wide shall be .landscaped in compliance with Section 11-21-9 of this
Title.
c. Where lots abut residentially zoned property, a buffer yard of not less
than twenty (20) feet wide shall be landscaped and screened in
compliance with Section 11-21-9 of this Title.
d. The property owner shall be responsible fore maintenance of all
landscaping, including within the boulevard.
J. Exterior Lighting: The lighting shall be accomplished in such a way as to have no
direct source of light visible from. adjacent land in residential use or from. the public
right. of way and shall be in compliance :with Section 11-16-17 of this Title. A
comprehensive lighting plan shall be submitted as part of the conditional use. permit
application, and shall be subject-to the following performance standards:
1: Canopy lighting shall only be permitted under the canopy structure, and
consist of canister spotlights recessed into the canopy. No portion of the
light source or fixture may extend below the bottom face of the canopy. Total
canopy illumination below the canopy may not exceed one hundred fifteen
(115)'foot-candles at ground level.
2. Lighting at the periphery of the site and buildingshall be directed downward.,
and individual lights shall not exceed-fifteen (15) foot-candles at ground
level.
37-4
3. Maximum site illumination shall not exceed one foot-candle at ground level
when measured at any boundary line with an adjoining residential property
or any public property.
4. Except for permitted wall signage the building and/or canopy fascia shall note
be it uminated.
5. Access (see existing ordinance)..
K. Access: Vehiclular access points shall create a minimum ofi conflict with through:
traffic movement and shall comply with Chapter 19 of this Title.
L. Circulation And Loading: The site design must accommodateadequate turning
radius and vertical clearance for asemi-trailer truck. Designated loading areas must
be exclusive. of off-street parking stalls and drive aisles. A site. plan must be
provided to illustrate adequate. turning radius,. using appropriate engineering
templates.
M. Parking:
1. Parking spaces shall be calculated solely based .upon the use .and the
square footage of the principal building.
2. Parking spaces shall be screened from abutting residential properties in
.compliance with Chapter 21 of this Title.
N. Pedestrian Traffic:
1. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
.parked cars or moving. vehicles. In front of the principal. structure, the
pedestrian sidewalk must be a minimum of five (5) feet wide and clear of any
obstacle or impediment..
2. A'continuous and permanent concrete curb not less than six (6) inches
above grade shall separate internal sidewalks for pedestrian traffic from
motor vehicle areas, pursuant to the provisions of Section 11-19-7.1 of this.
Title.
0. Noise: Public address system shall not be audible at any property line. Play of
music or advertisement from the public address system is prohibited. Noise control
shall be required as regulated in Section 11-16-25 of this Title.
P. Outside Storage,. Sales And Service: No outside storage or sales shall be' allowed,
except as follows:...
37-5
1. Public phones may be located on site as long as they do not interrupt on-site
traffic circulation, and are not located in a yard abutting residentially zoned
property.
2. Propane sales limited to twenty (20) pound capacity tanks may be located
outside provided the propane tanks are secured in a locker and meets all
State Uniform Building and Fire Codes.
3. A compressed air service area may be located on site as long as it does not
interrupt on-site traffic circulation.
4. Existing outside storage, sales and service of items existing as of August 18,
1997, other than those items listed in subsection P.1 through P.3 of this
subsection shall be removed within a period of five (5) years from that
effective date.
Q. Litter Control: The operation shall be responsible for litter. control on the subject.
property, which is to occur on a daily basis. Trash receptacles must be provided at
a convenient location on site to facilitate litter control
R. Signs: A comprehensive sign plan must be submitted as part of a conditional use
permit application. The .freestanding sign allowed 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 (15) feet.
2. The sign base and supporting material shall be equal to at least forty (40)
percent 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 decay-resistant wood, stone,
brick, or decorative masonry and shall not contain any. sign copy.
3. All other signing .and informational or visual communication devices shall be
minimized and shall be in compliance with Chapter 23 of this Title.
4. Signage may be allowed on a detached canopy in lieu. of wall signage on the
principal structure, provided that the. individual canopy sign does not exceed
more than twenty (20) percent of the canopy facade facing a public right of
way..
S. Additional Stipulations: All conditions pertaining to a specific site are subject to
change when the Council, upon investigation in relation to a formal request finds
that the general welfare and public betterment can be served as well or better by
modifying or expanding the conditions set forth herein.
37-6
11-37-5: MOTOR VEHICLE FUEL. SALES INCLUDING CONVENIENCE GROCERY
AND/OR PREPARED FOOD (NOT INCLUDING TRUCK STOPS OR AUTOMOBILE
REPAIR):
A. Motor vehicle fuel sales .including convenience grocery and/or prepared food shall
be allowed in the C-1, C-2, C-3, C-CBD District subject to approval of a conditional
use permit.
B. That the proximate area and location of space devoted to merchandise sales shall
be specified in the application and in the conditional use permit.
C. The off-street loading space(s) and building access for delivery of goods shall. be
separate from customer parking and entrances and shall not cause conflicts with
customer vehicles and pedestrian movements.
D. Prepared.Food:
1. Convenience/deli food is of the take out type only and that no provision for
seating, consumption on the premises, or drive-through facilities is provided.
Furthermore, that the enclosed area devoted to such activity, use and
merchandise shall not exceed fifteen (15) percent of the gross floor area.
2. The storage, re aration and servin of food items are subject to a royal
p p g 1 pp
based upon the applicable State and County regulations.
E. The use shall be further regulated as provided for by Section 11-37-3 of this Title.
11-37-7: TRUCK STOPS:
A. District Application: Truck stop uses may be allowed within the I-1 and 1-2 District
subject to approval of a conditional use permit.
B. Performance Standards: A truck stop may be allowed provided that:
1. Residential: Truck stops shall not be permitted on lots that abut residentially
zoned property.
2. .Area: A minimum lot area of five (5) acres and minimum. lot frontage of three
hundred (300) feet. The City Council may exempt previously developed or
previously platted property from this requirement provided that the site is
capable of adequately. and safely handling all activities. and required
' facilities.
37=7
3. Location: Truck stops shall be located within one-quarter ('/4) mile or one
thousand three hundred. twenty {1,320) feet of a principal arterial roadway.
4. Installation Standards: Truck stops shall be installed in accordance with
State and City standards. Additionally, adequate space shall be provided to
.access gas pumps .and allow maneuverability around the pumps.
Underground fuel storage tanks are to be positioned to allow adequate
access by motor fuel transports and unloading operations which do not
conflict with circulation, access and other activities on the site. FueF pumps
shall be installed on pump islands.
5. Sanitary Dump: A sanitary dump shall be required at all truck stops: The
sanitary dump must comply with all requirements of the Minnesota Pollution
Control Agency (MPCA).
6. Architectural Standards:
a. As a part of the conditional use permit application, a color illustration
of all building elevations must be submitted.
b. The architectural appearance, scale, and functional plan of the
building(s) and canopy shall be complementary and compatible with
each other and the existing buildings in the neighborhood setting.
c. All sides of the principal and accessory structures are to have
essentially the same or a coordinated harmonious finish treatment
pursuant to Section 11-18-9 of this Title.
d. Exterior wall treatments like .brick; ..stone (natural or artificial),
decorative concrete block, stucco or similar raterials shall be used.
e. Earth tone colors of exterior materials .including the canopy columns
shall be required. "Earth tone colors" shall be defined as any various
soft colors like those found in nature in soil, vegetation, etc. Such
colors are limited to brown, black, grey, tan, beige, soft green, soft
blue, or white.
f. Ten (10) percent of the building facade may contain contrasting
colors. Contrasting colors shall be those colors not defined as earth
tones. The canopy may have contrasting color bands or accent lines
.not to exceed an accumulative width of four (4) inches. The color
bands shall not be illuminated.
7. Canopy: A protective canopy structure may. be located over the pump
island(s) as a permitted accessory structure. The canopy shall meet the
following performance standards:.
37-8
a. The edge of the canopy shall be seventy (70) feet or more from the
front and/onside lot line, provided that adequate visibility both on site
-and off site is maintained.
b. The canopy shall not exceed eighteen (18) feet in height and must
provide fourteen (14) feet of clearance to accommodate asemi-trailer
truck from passing underneath.
c. The canopy fascia shall not exceed three. (3) feet in vertical height.
d. Canopy lighting shall consist of canister spotlights recessed into the
canopy. No portion of the light source or fixture ..may extend below the
bottom face of the canopy. Total canopy illumination may not exceed
one hundred fifteen (115) foot-candles below the canopy at ground
level. The fascia of the canopy shall not be illuminated.
e: The architectural design, colors, and character of the canopy shall be
consistent with the principal building on the site,
f. signage may be allowed on a detached canopy in lieu of wall signage
on the principal structure, provided that:
(1) The individual canopy sign does not exceed more than twenty
(20) percent of the canopy facade facing a public right of way..
(2) The canopy fascia shall not be illuminated, except for
permitted canopy signage.
g. Canopy posts/sign. posts shad not obstruct traffic or the safe
operation of the gas pumps.
8. Pump Islands: Pump islands must be elevated six (6) inches above the
traveled surface of the site. Pump islands must be set at least seventy (70)
feet back from any property line. Setback between pump island curb face
shall be sufficient for. the servicing and maneuvering of semi-trucks with
trailers.
9. Dust Control And Drainage: The entire site other than taken up by a building,
structure, or plantings shall be surfaced with asphalt, concrete, cobblestone
or paving brick. Plans for surfacing and drainage shall be subject to-approdal
of the City Engineer. Drainage from all fueling areas shall be directed to an
.oil/grit separator. Minimum design standards for the oiUgrit separator shall
include the following:
a. A minimum of four hundred (400) cubic feet. of permanent pool
storage capacity per acre of drainage area.
37-9
b. A minimum pool depth ~of four (4) feet.
c. A minimum oil containment capacity of eight hundred (800) gallons:
d. Minimum maintenance/inspection of two (2) times per year and/or
after measurable spill events. A measurable spill shall be defined by
the Minnesota Pollution Control Agency (MPCA). A measurable spill
must be reported to the MPCA.
10. Landscaping:.
a. At least twenty-five (25) percent of the lot, parcel or tract of land used
exclusively for the gas sales facility shall remain. as a grass .plot,.
including trees, shrubbery, plantings or fencing and shall be
landscaped. Required minimum green area should be emphasized in
the front and side yards abutting streets or residential. property.
b. At the boundaries of the lot, the following landscape area shall be
required:
(1) ..From side and rear property lines, an area of not less than five
(5) feet. shall be ..landscaped in compliance with Section
11-16-9 of this Title.
(2) From all road rights of way, an area of not less than fifteen
(15) feet shall be .landscaped in compliance with .Section
11-16-9 of #his Title.
(3) The property owner shall be responsible for maintenance of all
landscaping, including within the boulevard.
11. Exterior Lighting: The lighting shall. be accomplished in such a way as to
have no direct source of light visible from adjacent land in residential use or
from the public right of way and shall be in compliance with Section 11-16-17
of this Title.. A comprehensive lighting plan shall be submitted as part ofithe
conditional use permit application, and shall be subject to the following
performance standards:
a. Canopy lighting shall only be permitted .under the canopy structure,
and consist of canister .spotlights recessed into the canopy. No
portion of the. light source or fixture may. extend below the bottom .face
of the canopy. Total canopy. illumination below the canopy may not.
exceed one hundred fifteen (115)foot-candles at ground Level.
37-10
b. Lighting. at the periphery of the site .and building shall be directed
downward, and individual lights shall not exceed' fifteen (15) foot-
candles at ground level.
c. Maximum. site illumination shall not exceed one foot-candle at ground
level when measured at any boundary line. with an adjoining.
residentially zoned property or public property.
d. Except for permitted wall signage, the building and/or canopy fascia
shall not be illuminated..
12. Access: Vehiclular access points shall create a minimum of conflict with
through traffic movement and shall comply with Chapter 19 of this Title.
13. Circulation: The site design must accommodate adequate turning radius and
vertical clearance fora .semi-trailer truck. A site plan must. be provided to
illustrate adequate turning radius, using appropriate. engineering templates.
14. Parking:..
a. Parking for motor fuel service shall be in addition to that required for
other uses on the site.
b. Parking spaces shall be determined on an individual basis. by the Cit
Y
Council. Factors to be considered in such determination shall include
(without limitation) size of building, type of use, number of employees,
expected volume .and turnover of customer traffic and expected
frequency and number. of delivery or service vehicles.
c. Parking stalls for trucks and trailers shall be a minimum of twelve (12)
feet wide and seventy (70) feet long, exclusive of drive aisles.
15. Pedestrian Traffic:
a. An internal site pedestrian circulation .system. shall be defined and
appropriate provisions made to protect .such areas, from
encroachments by parked cars or moving vehicles. In front of the
principal structure, the pedestrian sidewalk must be a minimum of five
(5) feet wide. and clear of any obstacle or impediment.
b. A continuous and. permanent. concrete curb not less than. six (6)
inches above grade shall separate internal sidewalks for pedestrian
traffic from motor vehicle areas, pursuant to the provisions of
subsection 11-19-7.I of this Title.
37-11 .
16. Noise: Public address system shall not be audible at any property line. Play.
of music or advertisement from the public .address system is prohibited.
Noise control shallbe required as regulated in subsection 11-16-25 of this
Title.
17. Outside Storage, Sales And Service: No outside storage or sales shall be
allowed, except as follows:
a. Public phones may be located on site as long as they do not interrupt
on-site traffic circulation, and may not be located in a yard abutting
residentially zoned property.
b. Propane safes limited to twenty (20) pound capacity tanks may be
located outside as long as the propane tanks are secured in a locker
and meet all State Uniform Building and Fire Codes.
c. A compressed air service area :may be located on site as tong as it
does not interrupt on-site traffic circulation..
d. Existing outside storage, sales and service of items existing on the
date of this Ordinance, other than those- items listed in subsection 11-
37-7.8.17 of this Section shall be removed within a .period of five (5)
..years from the effective date hereof.
18. Litter Control: The operation shall be responsible for litter control on the.
subject property, which into occur on a daily basis.. Trash receptacles must
be provided at a convenient location on site to facilitatelittercnntrol
19. Signs: A comprehensive sign plan must be submitted as part of a conditional
use permit application. Signage may be allowed on a detached canopy in
lieu of wall signage on the principal structure, provided that the individual
canopy sign does not exceed more than twenty (20) percent of the canopy
facade facing a public right of way. All signing and informational or visual
communication devices shall be minimized and shall be in compliance with
Chapter 13 of this Title.
20. Additional Stipulations: All conditions pertaining to a specific site are subject
to change when the Council, upon investigation in relation to a formal
request, finds that the general welfare and public betterment can be served
as well or better by modifying or expanding the conditions set forth herein.
37-12
CHAPTERS 38 - 44
RESERVED
38-1
...CHAPTER 45
GENERAL ZONING DISTRICT PROVISIONS
SECTION:
11-45-1; Establishment of Districts
11-45-3: Zoning District Boundaries
11-45-5: Zoning .Map
11-45-7: Annexations
11-45-1: ESTABLISHMENT OF DISTRICTS: In order. to classify,. regulate and
:restrict the location of trade and industry, and the location of buildings designated for
specific uses, to protect residential uses, to regulate and limit the height and bulk of
buildings. hereafter erected or altered, to regulate and limit the intensity of the use of lot
areas, and to regulate and determine the. areas of yards and open space within :and
surrounding such buildings, the City of Lakeville is hereby divided. into zoning.. districts.
.The use, height and area regulations shall be uniform in each district, and said districts
shall be known as:
A. Agricultural/Rural.Districts.:
1. A-P, Agricultural Preserve District
2. RA, Rural/Agricultural District
3. RAO, Rural/Agricultural Overlay District
B. Residential Districts.
1. RS-1, Single FamilyResidential District.
2. RS-2, Single: Family Residential District
3. RS-3, Single Family Residential District
4. RS-4, Single Family Residential District
5. RS-CBD, Single Family Residential District: Central Business District Area
6. RSMH, Single Family-Manufactured Home Park District
7. RST-1, Single and: TwoFamiiy Residential District
8. RST-2, Single and Two Family Transition District
9. RM-1, Medium Density Residential District
10. RM-2, Medium Density Residential District
11. RH-1, Multiple Family Residential. District
12. RH-2, Multiple Family Residential District
C. Commercial Districts.
1. O-R, Office/Residential Transition District
2. C-1, Retail Commercial District
45-1
3. C-2, Highway-Oriented Commercial District
4. C-3, General Commercial District
5. CC, Corporate Campus District
6. C-GBD, Central Business District Area-Commercial District
7. C-W, Commercial Warehousing District
D: Industrial Districts.
1. I-CBD, Central Business District Area Industrial District
2. I-1, Limited Industrial District
3. I-2, General Industrial District
E. Special Districts.
1. PUD, Planned Unit Development District
F. Environmental Protection Districts.
1. S, Shoreland Overlay District.
2. FP, Floodplain OverlayDistrict
11-45-3: ZONING DISTRICT BOUNDARIES: Zoning district boundary lines
established by this Title generally follow lot lines, the centerlines. of railroad rights-of-way,
street rights-of-way, water courses or the corporate limit lines,. all as they exist upon the
effective date of this Title.
A. Appeals concerning the exact location of a zoning district boundary line shall be
heard. by the Council serving as the Board of Adjustment and Appeals pursuant to
Chapter 7 of this Title.
B. Whenever any street, alley or other public way is vacated by official action of the
City, the zoning district adjoining each side of such street, alley or public way shall
be automatically extended to the center of such vacation, and all area included in
the vacation shall then and henceforth be subject o all appropriate regulations of
the extended districts.
C. All streets, alleys, public ways and railroad. rights-of-way, if not otherwise
specifics{ly designated, shall be deemed to be in the same zone as the property in
the most restrictive classification immediately abutting upon suchalleys, streets,
public ways or railroad rights-of-way. Where the centerline of a street, alley, public
.way or .railroad rights-of~way serves as a district boundary, the zoning of such
areas, unless otherwise specifically designated, shall be deemed to be the same
as that of the abutting property up to such centerline.
45-2
D. All areas within the corporate limits of the City which are under water and which are
not shown as included within any zone shall be subject to all regulations of the zone
which immediately adjoins such water area.. If such water area adjoins two or more
zones, the boundaries of each zone shall be construed to be extended into the
water area in a straight line until they meet the other district at the halfway point
and/or to the corporate limits.
41-45-5: ZONING MAP: The location and boundaries of the districts established by
this text are hereby set forth on the zoning map entitled LAKEVILLE ZONING MAP. Said
map. shall. be on file with the Zoning Administrator, and. hereinafter referred to as the.
".zoning map". Said map and all the notations, references and other information shown
thereon shall have the same force and effect as if fully set forth herein and thereby made.
a part of this Title by reference. It is the responsibility of the Zoning Administrator to
maintain the Lakeville Zoning Map, and amendments thereto shall be recorded on said
map. The official Lakeville Zoning Map shall be kept on file in the City Hall.
11-45-7: ANNEXATIONS: All territory. hereafter annexed to the City of Lakeville
which is not shown on the zoning map shall automatically, upon annexation, be classified
within the RA District and shall be subject to all regulations, notations, references and
conditions as are applicable to said district until such time that a determination may be-
made as to the proper district classification for such territory and an amendment can be
made. to that effect.
45-3
- CHAPTER 46
A-P, AGRICULTURAL PRESERVE DISTRICT
.SECTION:
11-46-1: Purpose
11-46-3: District Application
11-46-5: Permitted Uses.
11-46-7: Permitted. Accessory Uses
11-46-9: Conditional Uses
11-46-11: Interim Uses
11-46-13: Uses by Administrative Permit
11-46-15: Lot Requirements and Setbacks
11-46-1: PURPOSE: The purpose of the A-P,:Agricultural Preserve District is to
provide for an orderly means whereby lands in the City can be reserved for long term
agricultural use as defined by the City's Comprehensive Plan.
11-46-3: DISTRICT APPLICATION: The A-P District shall be applied and
maintained in compliance with the provisions of Minnesota"Statutes, Section 473H.17, as
may be amended.
11-46-5: PERMITTED USES: In .addition to other uses specifically identified
elsewhere. in this Title, the following uses are permitted in an A-I'.District:
A. Farms, hobby farms, agriculture,. nurseries, wholesale nurseries,. greenhouses,. and
tree farms.
B. Parks,. trails, playgrounds, and directly related buildings and structures; City of
Lakeville only.
C. Residential facility serving six (6) or fewer persons in a single family .detached
dwelling.
D. Single family detached dwellings.
14-46-7: PERMITTED ACCESSORYUSES: In addition to :other uses specifically
identified elsewhere in this Ti#le, the following are permitted accessory uses in an A-P
District:
46-1
A. Accessory uses, buildings and structures customarily incidental. and directly related
to the uses allowed as permitted,. conditional, interim, and administrative permit in
this section, subject to applicable regulation of this Title.
B. Administrative offices, meeting roams, classroom, and food preparation and service.
areas in private and public recreational facilities, and the uses of which are
incidental and directly related to the primary use..
C. Boarding or renting of rooms to not more than two (2) individuals per dwelling unit.
D. Day care facilities serving twelve (12) or fewer persons in a single family detached
dwelling.
E. Fences as regulated. by Chapter 21 of..this Title.
F. Home occupations and home offices as regulated by Chapter 32 of this Title.
G. Keeping of animals subject to Chapter 35 of this Title...
H. Play and recreational facilities, only accessory town existing principal permitted use
on the same lot and which are operated for the enjoyment and convenience of the
residents of the principal use and their occasional guests, except as otherwise
permitted.
L Private garages and off-street parking and off-street loading: as regulated by
Chapters 19 and 20 of this Title.
J. Recreational vehicles and equipment parking and storage as regulated by Chapter
22 of this Title.
K. Secondary or accessory use antennas and satellites as regulated by Chapter 30
of this Title.
L. Signs as regulated by Chapter 23 of this Title.
M. Roadside stand for sale of in season agricultural products planted and completely
grown on the premises.
N. Tool houses, sheds and other such structures for the storage of domestic supplies
and equipment.
11-46-9: CONDITIONAL. USES: In addition to other uses specifically identified
elseware in this .Title, the. following are conditional uses in an A-P District .and require a
conditional use permit based upon procedures set forth" in and regulated by Chapter 4 of
this Title. Additionally, .besides. the specific standards and criteria which may be cited
46-2
below for respective conditional uses, each request fora. conditional use permit shall be
evaluated based upon the standards and criteria set forth in Section 11-4-3. E and 11-4-7
of this Title.
A. _ Cemeteries or memorial gardens provided that: -
1. The use is public or semi-public.
2: The use meets the minimum setback requirements for principal structures.
B. Commercial animal feedlots provided that all applicable regulations of the
Minnesota Pollution Control Agency and Minnesota Department of Agriculture are
complied with.
C. Commercial stables and riding academies.
D. Day care facilities as a principal or accessory use, except as provided for by this
Chapter, provided thatthe use complies with Chapter 31 of this Title...
E. Essential services involving transmission pipelines and transmission or substation
lines in excess of 33KV and up to 2001N, as regulated by Chapter 26 of this Title.
F. Farm and hobby farm buildings. for the keeping of farm animals that are located
within three hundred (300) feet of an existing residence on an abutting property or
residential platted lot not under the same ownership as the parcel on which said
buildings are constructed.
G. Governmental buildings and structures necessary. for the health, safety and general
welfare of the City, provided that equipment is completely enclosed in a permanent
structure with no outside storage.
H. Parks and recreational areas owned or operated by public bodies; other than the
City of Lakeville.
L Personal wireless service antennas not located on apublic orquasi-public structure
or existing tower, as regulated by Chapter 30 of this Title.
11-46-11: INTERIM USES: In addition to other uses specifically identified. elsewhere
in this Title, and subject to applicable provisions of this section, the following are interim
uses in the A-P District and are further governed by Chapter 5 of this Title:
A. Animals kennels as a secondary use.
B. Landfilling and land excavation/grading .operations,. including mining as regulated-
by Chapter 24 of this Title.
46-3
C. Open and outdoor storage as a principal or non-related accessoryuse.
D. Sin le satellite dish
g TVROs greater than one (1) meter m diameter as regulated by
Chapter 30 of this Title.
E. ' WECS, as regulated by Chapter 29 of this Title.
11-46-13: USES BY ADMINISTRATIVE.. PERMIT: In addition to other uses
specifically .identified elsewhere in this Title, and subject to applicable provisions of this
Section, performance standards established by this Chapter, and processing requirements
of Ghapter 8 of this Title, the following are uses allowed in an A-P District by administrative
permit as may be issued by the Zoning Administrator:
A. Personal wireless service antennas located upon a public or quasi-public structure
or existing tower as regulated by Chapter 30 of this Title.
B. Essential services, except transmission pipelines and transmission or substation
lines in excess of 334CV and up to 200KV, as regulated by Chapter 26 of this Title.
C. Temporary structures as regulated by Chapter 28 of this Title..
11-46-15: LOT REQUIREMENTS AND SETBACKS: The following minimum
requirements shall be observed in an A-P District subject to the additional requirements,
exceptions and modifications set forth in this Title:
Lot Area 40 acres
Lot Width 500 feet
Setbacks: -Front Yards 30 feet
Setbacks -Rear Yards 30 feet
Setbacks -Side Yards... 10 feet on each side, or 30 feet on the side
yard abutting a public right-of-way
46-4
CHAPTER 47
RA, RURAUAGRICULTURAL DISTRICT.
SECTION:
11-47-1: Purpose
11-47-3: Permitted Uses
11-47-5: Permitted Accessory Uses
11-47-7: Conditional Uses
11-47-9: Interim Uses
11-47-11: Uses by Administrative Permit
11-47-13: Lot Requirements and Setbacks
11-47-1: PURPOSE: The RA, RuraUAgricultural District is intended to provide a
district which will allow suitable areas of the City to be retained and utilized for low density
residential, open space and/or agricultural uses, in accordance with the City's
Comprehensive Plan.
11-47-3: PERMITTED .USES: In addition to other uses specifically identified
elsewhere in this Title, the following are permitted uses in an RA District:
A. All permitted uses as allowed within the AP Zoning District.
11-47-5: PERMITTED ACCESSORY USES: Ln addition to other uses specifically
identified elsewhere in this Title, the following are permitted accessory uses within the RA
District:
A. All permitted accessory uses as allowed within the AP Zoning District.
11-47-7: CONDITIONAL USES: In addition to other uses. specifically identified
elseware in this Title, the following are conditional uses in an RA District and require a
conditional use permit based upon procedures set forth in and regulated by Chapter 4 of
this Title. Additionally, besides the specific standards and criteria which may be cited
below for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the standards and criteria. set forth in Section 11-4-3. E and 14-4-7
of this Title.
A. All conditional uses as allowed within the AP Zoning District..
B. Bed. and breakfast facilities as re ulated b Cha ter 33 of this Title.
g Y p
47-1
11-47-9: INTERIM USES: In addition to other uses specifically identified elsewhere
in this Title, and subject to applicable provisions of this Title, the following are interim uses
in the RA District and are governed by Chapter 5 of this Title:
A. All interim uses as allowed within the AP Zoning District.
11-47-11: USES BY ADMINISTRATNE PERMIT: in addition to other uses specifically
identified elsewhere in this Title, and subject to applicable. provisions of .this Section,
pertormance standards established by this Chapter, and processing requirements of
Chapter 8 of this Title, the following are uses allowed in a RA District by administrative
permit as may be issued by the Zoning Administrator:
A. All. uses by administrative permit as allowed within the AP Zoning District.
11-47-13: LOT REQUIREMENTS AND SETBACKS: The following minimum
requirements shall be observed in an RA District. subject to additional requirements,
exceptions and modifications set forth in this Title:
Lots of Record (and Lots of .Record After January
Preliminary Platted Lots 1, 1994
Having Legal Standing on
January 1, 1994
Lot Area 10 acres 10 acres
Lot Width 300 feet 300 feet
Setbacks -Front Yards 30 feet 30 feet
Setbacks -Rear Yards 30 feet 30 feet
Setbacks -Side Yards 10 feet on each side, or 30 20 feet on each side, or 30
feet on the side. yard abutting feet on the side yard abutting
a public right-of--way. a public right-of--way
47-2
CHAPTER 48
RAO, RURAL/AGRICULTURAL OVERLAY DISTRICT
SECTION:
11-48-1: Purpose
11-48-3: Application
11-48-5: Permitted Uses
11-48-7: Permitted Accessory Uses
11-48-9: Conditional Uses
11-48-11: Interim Uses
11-48-13: Uses by Administrative Permit.
11-48-15: Lot Requirements and Setbacks
11-48-1: PURPOSE: The purpose of the RAO, Rural/Agricultural Overlay District is
to delineate areas outside the Metropolitan Urban Service Area that are anticipated to
urbanize before the year 2020 as identified by the City's Comprehensive Plan. Such areas
are restricted from urban uses until such time as urban services are available. Underlying .
urban zoning districts shall depict future uses, as outlined in the .City's Comprehensive
Plan....
11-48-3: APPLICATION: At such time as property within the Rural Service Area, as
defined by the Comprehensive Plan, is rezoned to a classification other than AP or RA, it
shall also be zoned RAO. Whenever such property is reclassified to the Urban Service
Area and rezoned through a-Comprehensive Plan amendment, it shall subsequently be
.removed from the RAO District.
11-48-5: PERMITTED USES:: In addition to other uses specifically identified
elsewhere in this Title, the following are permitted uses in a RAO District:
A. All permitted uses as allowed within the RA Zoning District.
B. Uses allowed as permitted uses in theunderlying base zoning districtsubject to
Section 11-17-19 of this Title.
11-48-7: PERMITTED ACCESSORY USES: In addition to other uses specifically
identified elsewhere in this Title, the following. are permitted accessory uses within the
RAO District:
A. All permitted accessory uses as allowed within the RA Zoning District.
48-1
B. Uses allowed as permitted accessory. uses in the underlying base zoning district
subject to Section 11-17-19 of this Title.
11-48-9: CONDITIONAL USES: In addition to other. uses specifically identified
elseware in this Title, the following are conditional uses in a RAO District and require _a
conditional use permit based upon procedures set forth in and regulated by Chapter 4 of
this Title. Additionally, besides the specific standards and criteria which may be cited
below for respective conditional. uses, each request fora conditional use permit shall be
evaluated based upon the standards and criteria set forth. in Section 11-4-3. E and 11-4-7
of this Title.
A. All conditional uses as allowed within the RA Zoning District.
B. Reduction in minimum lot width: requirements for non-residential uses, as allowed
in the base zoning district, provided that the. provisions of Section 11-17-19. C.2 are
satisfied.
C. Uses allowed. as conditional uses, subject to the same conditions as in the
underlying base zoning district, subject to Section 11-17-19 of this Title.
11-48-11: INTERIM USES:. In addition to other uses specifically identified elsewhere
in this Title, and subject to applicable provisions of this Title, the following are interim uses
in the RAO District and are governed by Chapter 5 of this Title.
A. All interim uses as allowed within the RA Zoning. District.
B. All interim uses allowed in the underlying base zoning district subject to Section 11-
17-19 of this Title.
C. Asphalt plants accessory to gravel mining operations provided that:
1. The facility is located in an area having an industrial base zoning district
2. The facility is part of a gravel mining operation which is incompliance -with
Chapter 24 of this Title.
D. Commercial recreation, outdoor.
11-48-13: USES BY ADMINISTRATIVE PERMIT:. In addition to other uses specifically
identified elsewhere in this Title, and subject to applicable provisions of this Section,
performance standards es#ablished by this Chapter, and processing requirements of
Chapter 8 of this Title, the following are uses allowed in a RAO District by administrative
..permit as may be issued by the Zoning Administrator:
48-2
A. All. uses by administrative permit as allowed within the RA Zoning District.
B. All administrative. permit uses as allowed. in the underlying base .zoning. district
subject to Section 11-17-19 of this Title.
11-48-15: tOT REQUIREMENTS AND SETBACKS: The following minimum
requirements shall be observed in an RAO District. subject to additional requirements,
exceptions and modifications set forth in this Title:
Lot Area 10 acres
Lot Width 300 feet
Setbacks -Front Yards 30 feet
Setbacks -Rear Yards 30 feet
Setbacks -Side.. Yards 20 feet on each side,or 30
feet on the side yard abutting
a public right-of--way
48-3
CHAPTER 49
- RESERVED
49-1
CHAPTER 50
RS-1, SINGLE FAMILY RESIDENTIAL DISTRICT.
SECTION:
11-50-1: ~ Purpose
11-50-3: Permitted Uses
11-50-5: Permitted Accessory Uses
11-50-7: Conditional Uses
11-50-9: Interim Uses
11-50-11: Uses by Administrative Permit
11-50-13: Lot Requirements and Setbacks
11-50-1: PURPOSE: The purpose of the RS-1, Single Family Residential District is
to provide for low density single-family detached residential dwelling units and directly
related, complementary uses in areas of the City containing highly unique natural features
and amenities.
11-50-3: PERMITTED USES:. In addition to other uses. specifically identified
elsewhere in this Title, the following are permitted uses m an RS-1 Distract:
A. Parks, trails, playfields, playgrounds, and directly-related buildings and structures,
City of Lakeville only.
B. Residential facility serving six (6) or fewer. persons in a single family detached
dwelling.
C. Single family detacheddwellings.
11-50-5: PERMITTEb ACCESSORY USES: In addition to other uses specifically..
identified elsewhere in this Title, the following are permitted. accessory uses in an RS-1
District:
A. Accessory uses, buildings and structures customarily incidental and directly related
to the uses allowed as permitted, conditional, interim, and administrative permit in
this section, subject to applicable regulation of this Title.
B. Administrative offices, meeting rooms, classroom, and food preparation and service
areas in private and public. recreational facilities, and the uses of which are
incidental and directly related to the primary use.
50-1
C. Boarding. or ren#ing of rooms to not more than two (2) individuals per dwelling; unit.
D. Day care facilities serving twelve (1'2) or fewer persons in a single family detached
dwelling.
E. Fences as regulated by Chapter 21 of this Title.
F. Home occupations and home offices as regulated by Chapter 32 of this Title.
G. Keeping of animals subject to Chapter 35 of this Title..
H. Play and recreational facilities, only accessory to an existing principal permitted use
on the same lot and which are operated for the enjoyment and convenience of the
residents of the .principal use and. their. occasional .guests, except as otherwise
permitted.
L Private garages and off-street parking .and off-street loading as .regulated by
Chapters 19 and 20 of this Title.
J. Recreational vehicles and equipment parking and storage as regulated by Chapter
22 of this Title.
K. Secondary or accessory use .antennas as .regulated by Chapter 80 of this Title.
L. Signs as regulated by Chapter 23 of this Title.
M. ..Tool houses, sheds and other such structures for the storage of domesticsupplies
and equipment.
11-50-7: CONDITIONAL USES: In addition to other uses specifically: identified
elseware in this Title, the following are conditional uses in an RS-1 District and require a
conditional use permit based upon procedures set forth in and regulated by Chapter. 4 of
this Title: Additionally, besides the specific standards and criteria which may be cited
below for respective conditional uses,.each request for a conditional use permit shalt be
evaluated based upon the standards and criteria set forth in Section 11-4-3. E and 11-4-7
of this Title.
A. Personal wireless service antennas no# located on a public structure, or existing
tower as regulated by Chapter 30 of this Title.
B. Commercial recreation, outdoor such as golf course, swimming pools, etc.
C. Day care facilities as a principal. or artaccessory use, except as provided. for by this
Chapter, provided that the use complies with the provisions of Chapter 31 of this
Title.
50-2
D. Essential services involvin transmission i elines and transmission or substation
g pp
lines in excess of 33KV and up to 200KV, as regulated by Chapter 26 of this Title.
E. Government buildings and structures; public or quasi-public or private recreational
buildings and neighborhood or community centers; publicand private educational
institutions limited to accredited elementary, middle or junior high and senior high
school; and religious institutions such as churches, chapels, temples, and
synagogues provided that side yards shall be double that required for the district,
but no greater than thirty (30) feet.
F. Parks and recreational areas owned or operated by public bodies; other than the
City of Lakeville.
G. Residential front yard setback reduction:
1. On streets judged as being located within environmentally sensitive areas,.
a five (5) foot .reduction. in front yard setbacks may be allowed.. Except as
.may be specifically- approved by the City Council, front yard setback
reductions shall occur on no more than one (1) of two (2) lots paralleling and
fronting each other on the same street.. In total,. front yard setback
reductions shall. occur on no more than fifty (50) percent of the. lots on such..
qualifying streets.
2. There shall be no reduction of lot area. or lot width requirement established
by this district.
H. Social services or other activities. which are not directly worship related as an
:accessory use within a religious institutional building(s).
11-50-9: INTERIM USES:. In addition to other uses specifically .identified elsewhere
in this Title,- and subject to applicable provisions of this Title, the following. are interim uses
in the RS-1 District and. are governed by Chapter 5 of this Title:
A. Residential shelters as regulated by Chapter 33 of this Title.
B. Satellite TVROs greater than one (1) meter in diameter as regulated by Chapter 30
of #his Title.
C. Temporaryclassroom type structure for use by public or private institutions.
D. WECS, as regulated by Chapter 29 of this. Title.
50-3
11-50-11: USES. BY ADMINISTRATIVE PERMIT: In addition to other uses specifically
identified elsewhere in this Title, and subject to applicable provisions of this Section,
performance standards established. by#his Chapter, and processing requirements of
Chapter 8 of this Title, the following are uses allowed in a RS-1 District byadministrative
permit as may. be issued by the Zoning Administrator:
A. Essential services, except transmission pipelines and transmission or substation
lines in excess of 33KV and up to 200KV, as regulated by Chapter 26 of this. Title.
B. Model homes as regulated by Chapter 27 of this Title.
C. Personal wireless service antennas located upon a public or quasi-public structure
or existing tower, as regulated by Chapter 30 of this Title.
D. Temporary structures as regulated by Chapter 28 of this Title.:
11-50-13: LOT REQUIREMENTS AND SETBACKS: The following .minimum
requirements shall be observed in an RS-1 Districtsubject to additional requirements,
.exceptions and modifications set forth in this Title:
Lots of Record (and Lots of Record After January
Preliminary Platted Lots 1, 1994
Having Legal Standing on
January 1, 1994
Lot Area -Corner 20,000 square feet 24,000 square feet
Lot Area -Interior 20,000 square feet 20,000 square feet
Lot Width -Corner 100 feet 120 feef
Lot Width -Interior 400 feet 100 feet
Setbacks -Front Yards 30 feet 30 feet
Setbacks -Rear Yards 30 feet 30 feet
Setbacks -Side Yards 10 feet on each side, or 20 15 #eet on each. side, or 30
feet on the side yard abutting feet on the side yard abutting.
a public right-of--way. a public right-of--way
Buffer Yard: For lots of record Side yard: 40 feet
established after February 16, Rear yard:. 50 feet.
1999, the following additional
setback requirements shall
applY~
50-4
CHAPTER 51
RS-2, SINGLE FAMILY RESIDENTIAL DISTRICT
SECTION:.
11-51-1: Purpose
11-51-3: Permitted Uses.
11-51-5: Permitted Accessory Uses
11-51-7: Conditional Uses
11-51-9: Interim Uses
11-51-11: Uses by Administrative Permit
11-51-13: Lot Requirements and. Setbacks
11-51-1: PURPOSE:. The purpose of the RS-2, Single Family Residential District is
to provide an option for urban density single-family detached residential dwelling units and.
directly related, complementary uses in environmentally sensitive areas of the City as
defined by the Comprehensive Plan.
11-51-3: PERMITTED USES: In addition to other. uses specifically identified
elsewhere in this Title, the following are permitteduses in a RS-2 District:
A. All permitted uses as allowed within the RS-1 Zoning District..
11-51-5: PERMITTED ACCESSORY USES: In addition to other uses specifically
identified elsewhere in this Title, the following are. permitted accessoryuses in an RS-2
District:
A. All permitted accessory uses as allowed within the RS-1 Zoning District.
11-51-7: CONDITIONAL USES: In addition to other. uses specifically identified
elseware in this Title, the following are conditional uses in an RS-2 District and require a
conditional use permit based upon procedures set forth in and regulated by Chapter 4 of
this Title. Additionally, besides the specific standards and criteria which may be cited
below for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the standards. and criteria set forth in :Section 11-4-3. E and 11-4-7
of this Title..
A. All conditional uses as attowed within the f~S-1 Zoning District.
51-1
11-51-9: INTERIM USES: In addition to other uses specifically identified: elsewhere
in this Title, and subject to applicable provisions of this Title, the following are interim :uses
in the RS-2 District and are governed by Chapter 5 of this Title:
A. All interim uses as allowed within the RS-1 Zoning District.
11-51-11: USES BY ADMINISTRATIVE PERMIT: In addition to other uses. specifical ly
identified elsewhere in this. Title.,. and subject to .applicable provisions- of this Section,
performance standards established by this Chapter, and processing requirements of
Chapter 8 of this Title, the following-are uses allowed in a RS-2 District. by administrative
permit as may be issued by the Zoning Administrator:
A. All uses by administrative permit as allowed within the RS-1 Zoning District.
11-51-13: LOT REQUIREMENTS :AND SETBACKS: The .following minimum
requirements shall be observed in an RS-Z District subject to additional requirements,
exceptions and modifications set forth in this Title:
Lot Area -Corner 18,000 square feet
Lot Area -Interior 15,000 square feet
Lot Width -Corner 120 feet
Lot Width -.Interior 100 feet
Setbacks -Front Yards 30 feet
Setbacks- Rear Yards 30 feet
Setbacks -Side Yards 15 feet on each side, or 30 feet on
the side yard abutting a public
..right-of-way
Buffer Yard: For lots of Side yard: 40 feet
record. established after Rear yard: 50 feet.
February 16, ..1999, the
following additional
setback requirements
.shall apply:
51-2
CHAPTER 52
RS-3, SINGLE FAMILY RESIDENTIAL DISTRICT
SECTION:
11-52-1: Purpose .
11-52-3: Permitted Uses
11-52-5: Permitted Accessory Uses
11-52-7: Conditional Uses
11-52-9: Interim Uses
11-52-11: Uses by Administrative Permit
11-52-13: Lot Requirements and Setbacks
11-52-1: PURPOSE:: The purpose of the RS-3, Single Family Residential District is
to provide an option for urban density single family detached residential dwelling units and
directly related, .complementary uses in areas which lack environmental constraints and
amenities.
11-52-3: PERMITTED USES: In addition to other uses specifically identified
elsewhere inthis-Title; the following are permitted uses in a RS-3 District:
A. All permitted uses as allowed within the RS-2 Zoning District.
11-52-5: PERMITTED ACCESSORY USES: in addition to other uses specifically
identified elsewhere in this Title, the following arepermitted accessory uses in an RS-3
District:
A. All permitted accessory uses as allowed within the RS-2 ZoningDistrict.
11-52-7: CONDITIONAL USES: In addition to other uses specifically identified
elseware in this Title, the following are conditional uses in an RS-3 District and require a
conditional. use permit based upon procedures set forth in and regulated by Chapter 4 of
this Title. Additionally, besides the specific standards and criteria which may be cited
below for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the standards and criteria set forth in Section 11-4-3. E and 11-4-7
of this Title.
A. All conditional uses. as allowed .within the RS-2 Zoning District, except for the
following:.
52-1
1. Residential front yard setback reduction.
11-52-9: INTERIM USES: In addition to other uses specifically identified. elsewhere
in this Title, and subject to applicable provisions of this Title, the following are interim uses
in the RS-3 District and are governed by Chapter 5 of this Title:
A. All interim uses as allowed within the RS-2 Zoning District.
11-52-11: USES BY ADMINISTRATIVE PERMIT: In addition to other uses specifically
identified elsewhere in this Title, and .subject to applicable provisions of this Section,
performance standards established by this Chapter, and processing requirements of
Chapter 8 of this Title, the following are uses allowed in a RS-3 District by administrative
permit as may be issued by the Zoning. Administrator:
A. All uses by administrative permit as allowed within the RS-2 Zoning District.
11-52-13: LOT REQUIREMENTS AND SETBACKS: The following.. minimum
requirements shall be observed in an RS-3 District subject to additional requirements,.
exceptions and modifications set. forth in this Title:
Lot Area -Comer 12,500 square feet
Lot Area -Interior. 11,000 square feet
Lot Width -Corner 1DOfeet
Lot Width- Interior 85 feet
Setbacks: -Front Yards 30 feet
Setbacks -Rear Yards 30 feet
Setbacks -Side Yards 10 feet on each side, or 20 feet on the side
yard abutting a public right-of-way
Buffer Yard: For lots of Side yard: 30 feet
record established after Rear yard: 50 feet
February 16, 1999,.the
following additional
setback requirements
shall apply:
52-2
CHAPTER 53
RS-4, SINGLE FAMILY RESIDENTIAL DISTRICT
SECTION:
11-53-1: Purpose
11-53-3: Permitted Uses
11-53-5: Permitted Accessory Uses
11-53-7: Conditional Uses
11-53-9: Jnterim Uses
11-53-11: Uses by Administrative Permit
11-53-13: Lot Requirements and Setbacks
11-53-1: PURPOSE: The purpose of the RS-4, Single Family Residential District is
to provide for urban density single-family detached residential dwelling units and directly
related, complementary uses in areas lacking environmental constraints and amenities.
11-53-3: PERMITTED USES: 1n addition to other uses. specifically identified
elsewhere in this Title, the following are permitted uses in an RS-4 District:
A. All permitted uses as allowed within the RS-3 Zoning District.
11-53-5: PERMITTED ACCESSORY USES: in addition to other uses specifically
identified elsewhere in this Title, the following are permitted accessory uses in an RS-4
District:
A. All permitted accessory uses as allowed within the. RS-3 Zoning District.
11-53-7: CONDITIONAL .USES: In addition to other uses specifically identified
elseware in this Title, the following are conditional uses in an RS-4 District and require a
.conditional use permit based. upon. procedures set forth in and regulated by Chapter 4 of
this Title. Additionally, besides the specific standards and criteria which may be cited.
below for respective conditional uses, each request for a conditional use permit shalt be
evaluated. based upon the standards and criteria set forth in Section 11-4-3. E and 11-4-7
of this Title.
A. All conditional uses as allowed within the RS-3 Zoning District.
53-1
11-53-9: INTERIM USES: In addition to other uses specifically identified elsewhere
m this Title, and subject to applicable provisions of this Title, the following are interim uses
in the RS-4 pistrict and are governed by Chapter 5 of this Title:
A. All interim uses as allowed within .the RS-3 Zoning District.
11-53-11: USES BY ADMINISTRATIVE PERMIT: In addition to other. uses specifically
identified .elsewhere in this Title, and subject to applicable provisions of this Section,
performance. standards. established by this Chapter, and processing requirements of
Chapter 8 of this Title, the following are uses allowed in a RS-4 District by administrative
permit as may be issued by the Zoning Administrator:
A. All uses by administrative permit as allowed within the RS-3 Zoning District.
11-53-13: LOT REQUIREMENTS AND SETBACKS: The following.. minimum
requirements shall be observed in an RS-4 District. subject to additional requirements,
exceptions and modifications set forth in this Title:
Lot Area -Corner 11,250 square feet
Lot Area -Interior 9,375. square feet
Lot Width -Corner 90 feet
Lot Width -Interior 75 feet
Setbacks: -Front Yards 30 feet
Setbacks =Rear Yards 30 feet
Setbacks -Side Yards 7 feet from the adjacent lot, or 20 feet on the
side yard abutting a public right-of--way
Buffer Yard: For lots of Side yard: 30 feet
record established after Rear yard: '50 feet
February 16, .1999, the
following additional
setback requirements
shall apply:
53-2
CHAPTER 54
RS-CBD, SINGLE FAMILY RESIDENTIAL DISTRICT -
CENTRAL BUSINESS DISTRICT. AREA
SECTION:
11-54-1: Purpose
11-54-3: Permitted Uses
11-54-5: Permitted Accessory Uses
11-54-7: Conditional Uses.
11-54-9: Interim Uses
11-54-11: Uses by Administrative Permit
11-54-13: Lot Requirements and Setbacks
11-54-1: PURPOSE: The purpose of the RS-CBD, Single Family Residential District-
Central Business District Area is to provide regulations which accommodate the. unique
and desired development character. of single .family residential uses. in the area
surrounding the Central Business District of the .City, as defined by the City's
Comprehensive Plan.
11-54-3: PERMITTEQ USES: n addition to other uses specifically identified
elsewhere in this Title, the following .uses are allowed as permitted uses within the RS-
CBD District:
A. All permitted uses as allowed within the RS-4 Zoning District.
11-54-5: PERMITTED ACCESSORY USES: In addition to other uses specifically
identified elsewhere in thisTitle,. the following are permitted accessoryuses allowed in the
RS-CBD District:
A. All permitted accessory uses as allowed within the RS-4 Zoning District.
11-54-7: CONDITIONAL .USES:.. In addition to other uses specifically identified
elseware in this Title, the following are conditional uses in an RS-CBD District and. require.
a conditional use permit based upon procedures set forth. in and regulated by Chapter 4
of this Title. Additionally, besides the specific standards and criteria which may be cited
below for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the standards-and criteria set forth in Section 11-4-3.E and 11-4-7
of this Title.
54-1
A. All conditional uses as ed within th - ~ct exce
allow a RS 4 Zoning Distn pt.
1. Commercial. recreation, outdoor.
B. ..Bed and breakfast establishments, as regulated by Chapter 33 of this Title.
C. Principal Building Required Side or Rear Yard Reduction: A required principal
building. side or rear yard setback may be reduced provided. that:
1. The reduction. of setback requirements is based upon a specific need or
circumstance-which is unique to the. property in question and which,. if
approved, will not set a precedent which is contrary to the intent of this Title.
2. Property line drainage and utility easements as required by the City's
Subdivision Ordinance are provided and no building will occur. upon this
reserved space.
3. Will work toward the preservation of trees or unique physical features of the
lot or area.
4. If affecting a north lot line, will not restrict sun access from the abutting lot.
5. Will not obstruct traffic visibilit cause a ublic safet roblem and c
y, p y p omplies
with Section 11-16-11 of this Title.
11-54-9: INTERIM USES: In addition to other uses specifically identified elsewhere.:.
in this Title, and subject to the applicable provisions of this Title, the following are interim
uses allowed. in the RS-CBD District and are governed by Chapter 5 of this Title:
A. All interim uses as allowed within the RS-4 Zoning District.
11-54-11: USES BY .ADMINISTRATIVE PERMIT: In addition to other uses
specifically identified elsewhere in this Title, and subject to applicable provisions of this
Section, performance standards established by this Chapter, and processing requirements
of Chapter 8 of this Title, the following are uses allowed in a RS-CBD District by
administrative permit as may be issued by the Zoning Administrator:
A. All uses by administrative permit as allowed within the RS-4 Zoning District.'
- 54-2
11-54-13: LOT REQUIREMENTS AND .SETBACKS: The. following minimum
requirements shall be observed in a RS-CBD District subject to additional requirements,
exceptions and modifications set forth in this Title:
Lot Area -.Corner 1.0,080 square feet
Lot`Area -Interior $,400 square feet
Lot Width -Corner 90 feet
Lot Width -Interior 75 feet
Setbacks: -Front Yards 30 feet
Setbacks -Rear Yards 30 #eet
Setbacks -Side Yards 7 feet from the adjacent lot, or 20 feet on the
side yard abutting a public right-of-way
Buffer Yard: For lots of Side yard: None
record established after Rear yard: None
February 16,;1999, the
following additional
setback requirements.
shall apply:
54-3
CHAPTER 55
RSMH, SINGLE FAMILY-MANUFACTURED HOME PARK DISTRICT
SECTION:
11-55-1: Purpose
11-55-3: Permitted Uses
11-55-5: Permitted Accessory Uses
11-55-7: Conditional Uses
11-55-9: Interim Uses
11-55-11: Uses by Administrative Permit
11-55-13: Site Plan Requirements
11-55-15: Design .Standards.
11-55-17: Operational Standards for Manufactured Home Park
11-55-19: Street Maintenance
11-55-1: PURPOSE: The purpose of an RSMH, Single family-Manufactured Home
Park District is to provide a separate district for manufactured home parks, distinct from
other residential areas.
11-55-3: PERMITTED USES: In addition to other uses specifically .identified
elsewhere in this Title, the following uses are permitted uses in an RSMH. District:
A. All permitted uses as allowed within the RS-4 Zoning District.
11-55-5: PERMITTED ACCESSORY USES: In addition to other uses specifically
identified elsewhere in this Title, the following are permitted accessory uses allowed in the
RSMH District:
A. Single family Uses:
1. All permitted accessory uses as allowed within the.RS-4 Zoning District.
B. Manufactured home parks (as may be regulated by this section);
1. All .permitted accessory uses allowed within the RSA Zoning- District, except:
a. Boarding or renting of rooms to not more .than two: (2) individuals per
dwelling unit.
b. Special home occupations as regulated by Chapter 32 of this Title.
55-1
11-55-7: CONDITIONAL USES: In additio
n to other uses specifically. identified
elseware in this Title, the following are conditional uses in an RSMH District and require
a conditional use permit based upon procedures set forth in and regulated by Chapter 4
of #his Title. Additionally, besides the specific standards and criteria v?hch may be cited
below for respective conditional uses, each request for a conditional use permit shall. be
evaluated based upon the standards and criteria set forth in Section 11-4-3. E and 11-4-7
of this Title.
A. All conditional uses as allowed within the RS-4 Zoning Distric#.
B. Manufactured home parks.
11-55-9: INTERIM USES: In addition to other uses specifically identified elsewhere
in this Title, and subject to applicable provisions of this Title, the following are interim uses
in an RSMH District and are governed by Chapter 5 of this Title:
A. All interim uses as allowed within the RS-4 .Zoning District...
11-55-11: USES BY ADMINISTRATIVE PERMIT: to addition to other uses specifically
identified elsewhere in this Title, and subject to applicable provisions of this Section,
performance standards established by his Chapter, and processing requirements of
Chapter 8 of this Title, the following are uses allowed in a RSMH bistrict by administrative
permit as may be issued by the Zoning Administrator:.
A. All uses by administrative permit as allowed within the RS-4 Zoning District.
11-55-13: SITE PLAN REQUIREMENTS-MANUFACTURED HOME PARKS: In
addition to the conditional use permit requirements outlined in Chapters 4 and 9 of this
Title, a site plan containing the additional information: must be submitted for manufactured
home. parks:
A. Plans for any and all structures (i.e., central community building, storm shelter).
B. Detailed description of _maintenance procedures and grounds supervision-for
common areas.
C. Provide details on development phasing if applicable..
D. A copy ofthe guidelines and rules proposed by the manufactured home park
operator regulating the building type and .construction. of building additions,
accessory buildings, decks and similar type construction.
55-2
E. Such other information as required or implied by these manufactured home park
standards or requested by public officials.
11-55-15: DESIGN STANDARDS:
A. Lot Requirements and Setbacks: ` Single family uses:
1. Lot requirements .and setbacks shall be as specified in the RS-3 Zoning
District.
B. General Provisions For All Manufactured Home Parks:
1. Area: All land area shall be:
a. Adequately drained.
b. Landscaped to control dust,
c. Clean and free from refuse, garbage, rubbish or debris.
2. Recreational Camping: No portion of a manufactured home park shall be
used as a recreational camping area.
3. Public Access: Public. access to manufactured housing. parks shall be as
approved by the City.
4. Building Permit: All structures (fences, storage, decks, etc.) shall require a
building permit from the Building. Official Fences shall be prohibited on
individual manufactured home lots.
5. Access: The area beneath a manufactured home shall be enclosed except
that such enclosure must have access for. inspection.
6. Community Building: A manufactured home park. shall have a central
community building with restroom facilities,.. heating in ail areas, and
adequate storm protection design and capacity to serve the manufactured
home park. Such buildings shall be maintained in a safe, clean and sanitary
condition.
7: Emergency Storm Protections: Manufactured home parks established. prior
to July 1, 1993, shallcomply with emergency storm protections as required
by Minnesota Statutes. A new manufactured home park established after
July 1, 4993, .shall have .storm shelters in compliance with Minnesota
Statutes. Additionally, all emergency storm protection measures shah be
subject to the approval ofthe City Council
55-3
8. Lot Setbacks: Individual manufactured. home lot setbacks:
a. In manufactured home parks existing prior to January 1, 1965, no unite
shall be located closer than ten (10) feet to the side of an adjacent
unit, nor closer than three (3) feet between manufactured homes
parked end to end.
b. In manufactured home parks created between January 1, 1965,
through July 1, 1982, no manufactured home shall be located closer
.than twenty (20) feet from a street surface, nor closer than twenty
(20) feet to an adjacent manufactured home.
c. In manufactured home parks created after July 1, 1982, through
January 1, .1995, no manufactured home shal I be located closer than
ten (10) feet to a side or rear lot line, nor closer than twenty (20) feet
to the front lot line.
d. In manufactured home parks created after January 1, 1995, no
manufactured home shall be located closer than ten (10) feet to a
side or rear lot line. The front yard setback shall be at least thirty (30)
feet from the street surface. On corner .lots, the side yard setback
shall be at least twenty -(20) feet from the street surface. No
manufactured home shall be located closer than thirty (30) feet from
the periphery lot line of the manufactured home park.
e. In manufactured home. parks created prior to January 1, 1995,
changes in the setbacks required under subsection A8a through c
above may be allowed by planned unit development as regulated by
Chapter 96 of this Title..
9. Permitted Encroachments:
a. Attached steps, uncovered stoops, and landings may. encroach up to
five (5) feet into a side yard setback, provided that they do not exceed "
twenty (20) square feet in area or extend closer than ten (10) feet to
a structure on an adjacent lot.
b. An eave or overhang may encroach up to one (1) foot into a front,
side and rear setback.
c. In manufactured home parks established between January 1, 1965
and January 1, 1995, deck, stoops, steps and landings may encroach
a maximum of ten (10) feet into a side yard setback provided thatthey
do not exceed one .hundred (100) square feet in rea and that they
are set back at least ten. (10) feet fromany structure on an adjacent
lot.
55-4
10. Buildin
g Height Requirements. No structure shall exceed one story or twenty
five. (25) feet whichever is least.
11. Utilities:
a. All manufactured home parks shall be connected to a public water
and sanitary sewer system.
b. All installations for disposal of surface storm water must be approved
by the City.
c. All utility connections shall be as approved by the City.
d. The source of fuel for cooking., heating, or other purposes at each
manufactured home site shall be as approved. by the City.
e. All. utilities shall be under ground; there shall be no overhead wires
or supporting. poles except those essential for street or other lighting
purposes.
No obstruction shall be permitted that impedes the inspection of
plumbing, electrical .facilities, and related manufactured home
equipment.
g. The method of garbage, waste, and#rash disposal must. be approved
by the City.
h. The manufactured home park owner. shall pay any required sewer
:and water connection fees to the City...
i. The manufactured home park owner shall pay inspection and testing
fees for utility service to the City.
12. Storage:. Exterior storage on individual manufactured home .lots shall comply
with the provisions of Chapter 22 of this Title, except not more than one
recreational vehicle may be allowed on a lot..
13. Accessory Buildings:
a. `Limit: Accessory buildings including garages shall be limited to one
per manufactured home lot. Maximum allowable floor area shall not
exceed six (6) percent of the lot size in manufactured home parks
where lot size. is delineated. by site plan or lot markers. Floor area
shall not exceed eighty (80) square feet in manufactured home parks
where lot size is not delineated.
55-5
b. Maximum Building Height: Fifteen (15) feet.
c. Location: The manufactured home park site plan shall designate the
locations proposed for he development of garages and/or accessory:.
buildings on each manufactured home lot. Said accessory .buildings.
shall comply with the following setback requirements:
(1) ~ An accessory building shall only be located in side or rear
yards.
(2) Accessory buildings. shall not be located within any utility
easements. .
(3) In manufactured. home parks existing prior to January 1, 1965,
.accessory .buildings shall be located at least three (3) .feet
from any other building or structure art the same lot and at
least five (5) feet from a structure on an adjacent Jot. On corner
lots, accessory buildings shall be located at least ten (10) feet
from a side street surface. Accessory building floor area shall
not exceed eighty (80) square feet.
{4) Jn manufactured home parks created between January 1,
1965, through July 1, 1982, accessory buildings shall be
located at least six (6) feet from any other building or structure
on the same lot and at least six (6) feet from a structure on an
adjacent lot. On corner lots, accessory buildings shall be
:located at least fifteen (15) feet from a side street surface.
(5) In manufactured home parks created after July 1, 1982,
through January 1, 1995, accessory buildings shall be located
at least six (6) feet from any other building or structure on the
same Lot and at least ten (10) feet from a structure. on an
adjacent lot. On corner lots, accessory buildings shall be
located at least twenty (20}feet from a side street surface.
(6) In manufactured home parks created after January 1, 1995,
.accessory buildings. shall be located at least six (6) feet from
any other building. or structure on the same lot and at least ten
(10) feet from a structure on an adjacent lot. On corner lots,
accessory .buildings shall be located at least twenty (20) feet
from a side street surface: Accessory buildings in excess of
twelve (12) feet in width must be placed on a lot at least sixty-
five (65) feet in width.
(7) In manufactured home parksand on manufacturedhomegark.
lots established after January 1, 1995, all accessory buildings
55-6
located on individual manufactured home unite lots. shall. be
owned,.: constructed, and maintained by the manufactured
home park owner. In said parks, all accessory structures shall
be established as part of a predetermined site plan and
subject to the approval of the City Council
d. Building Type And Construction: Any building addition shall either be
manufactured or custom built of materials that are consistent or
compatible to the design of the principal. building. "Compatible"
means that the exterior appearance of an accessory building is not at
variance with the principal building from. an aesthetic and
architectural standpoint to cause:...
(1) A difference to a degree to cause incongruity with the principal
building.
(2) A deviation from the general character of the neighborhood.
C. Design Requirements For .Manufactured Home Parks Created After January 1,
.1995:
1. Park Size: The minimum area required for a manufactured .home park.
designation shall be five (5) acres.
2. Lot Size: Individual manufactured home lot approved after January 1, 1995:
a. Lot Width: Not less than sixty-five (65) feet.
b. Lot Depth: Not lessthan one hundred twenty (120) feet..
c. Changes to lot width: and lot depth requirements may be allowed by
.planned unit development as regulated by Chapter 4 of this Title.
d. Each manufactured. home Jot shall have frontage on an approved
roadway and the corner of each..manufactured home lot shall be
marked and each lot shall be numbered.
3. Parking:
a. Each manufactured home site shall have off-street parking space for
two (2) passenger vehicles.
b. All parking spaces shall be hard surfaced according to specifications
established by the City.
_55-7
4. Internal Roads And Streets:
a. All streets shall be private streets and shall be developed with a
.roadbed of not less than thirty-two (32) feet in width: and shall meet
City design specifications. Areduction in the streef width requirement
may be allowed. by planned unit development as regulated by Chapter
96 of this Title provided sufficient off-street guest parking spaces are
constructed and maintained at the owner/operator's expense.
b. The park shall have a street lighting plan approved by the City.
5. Recreation: All manufactured home parks shall have at least ten (10) percent
of the land area developed for recreational use (tennis courts,. children's play
equipment, swimmingpool, golf green, etc.). The recreational. use shall be
developed and maintained at the owner/operator's expense.
6. Landscaping:
a Each manufactured home lot shall be provided with two: (2) trees. The
size and type of trees must meet the requirements of Section 11-21-5
of this Title.
b. A landscape screen meeting the requirements of Chapter 21 of this
Title shall be installed and maintained around each manufactured
home park.
c. Alf areas shall be landscaped in accordance with a landscaping plan
..approved by the City Council
7. Lighting:
a. Artificial light shall be maintained during alt hours of darkness in all
buildings containing public toilets, laundry equipment, and the like.
b. The manufactured home park grounds shall be lighted as approved
by the City from sunset to sunrise.
11-55-17: OPERATIONAL STANDARDS FOR MANUFACTURED HOME PARK:
A.; Maintenance: The operator of any manufactured home park, or a duly authorized
attendant and/or caretaker.. shall be responsible at all .times for keeping the
manufactured home park,. its facilities and equipment, in a clean, orderly, operable,
and sanitary condition, -The attendant or caretaker shall be answerable, along with
said operator, for the violation of any provisions ofthese regulations to which said
operator is subject.
55-8
B. Ins ections Prior To Sale: Prior to the sale of anufactured home within a
p am
manufactured home park, the operator of a manufactured home park or the duly
authorized attendant and/or caretaker must inform the Building .Official of the
prospective sale and provide him with a completed copy of the Manufactured Home
Safety Disclosure Form. required by Minnesota Statutes, section 327.07, .subdivision
3A.
C. Permits: Prior to a manufactured home being moved onto. a lot, the owner shall
apply for and obtain a building. permit for the (foundation) blocking to State. code
and a permit for connection to public sewer and water. The application for permits
shall be accompanied. by a site plan, drawn to scale, detailing the unit p)acement,
accessory structures, and setbacks.
D. Upgrading: Prior to locating a manufactured home housing unit constructed prior
to July.1, 1972, on a lot within a manufactured home park within the City, said unit
shall be upgraded to current life safety codes and subject to the approval of the
.Building Official
11-55-19: STREET MAINTENANCE-MANUFACTURED HOME PARKS: All private.
internal streets in manufactured home parks shall be maintained by the park owner in a
S good state of repair, free from obstructions, encumbrances, depressions, pot holes,.and
break ups. Snow shall be promptly plowed and removed from streets and adjacent mail
boxes and fire hydrants, so that snow or snow piles do not constitute a safety hazard to
motorists and pedestrians, or constitute an obstruction#o emergency service vehicles. icy
streets and areas adjacent to mail boxes'shall be promptly sanded. "Promptly" shall mean
no later than twenty four (24) hours after the end of a snow fall or in the case of ice within
twenty four (24) hours after it has formed.
55-9
CHAPTER 56
RST-1, SINGLE AND TWO FAMILY RESIDENTIAL DISTRICT
SECTION:
11-56-1: Purpose
11-56-3: Permitted Uses
11-56-5: Permitted Accessory Uses.
11-56-7: Conditional Uses
11-56-9: Interim Uses
14-56-11: Uses by Administrative Permit
11-56-13: Lot Requirements and Setbacks
11-56-1: PURPOSE: The purpose of the RST-1, Single and Two Family Residential
District is to provide for ane (1) and two (2) unit dwellings and directly related,
complementary :uses.
41-56-3: PERMITTED USES: In addition to other uses specifically identified
elsewhere in this Title, the following are permitted uses in a RST-1 District:
A. All permitted uses as allowed within the RS-4 Zoning District.
B. Two family dwelling units..
11-56-5: PERMITTED ACCESSORY USES:. In addition. to other uses specifically
identified elsewhere in this Title, the following are .permitted accessory uses in an RST-1
District:
A. All .permitted accessory uses as allowed within the RS-4 Zoning District, except:
1. Boarding or renting of rooms. to not more than. two (2) individuals per
dwelling unit.
2. Day care facilities serving twelve. (12) orfewer persons in a two family
dwelling unit.
11-56-7: CONDITIONAL USES: In addition to other uses specifically identified
elseware"in this Title, the following are conditional uses in an RST-1 District and require...
a conditional use permit based upon procedures set forth in and regulated by Chapter 4
of this Title. Additionally, besides the specific standards and criteria which may be cited
b6-1
below for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the standards. and criteria set forth in Section 11-4-3. E and 19 -4-7
of this Title.
A. All conditional uses as allowed within the RS-4 Zoning District.
B. Manufactured home parks, provided that:
1. The minimum area required for a manufactured home park designation shall
be twenty (20) acres,
2. The following minimum lot requirements within the manufactured home park
are:
Lot area:
Corner: 24,000"square feet
Interior: 20,000 square feet
Lot width:
Corner: 120 feet .
Interior: 100 feet.
3. The following principal structure setbacks are satisfactorily met:
ro
F nt yard. 30 feet.
Rear yard: 30 feet
Side yard:. 15 feet on each side, or 30 feet on the side yard
abutting a public. right of way.
4. Accessory buildings, uses and equipment comply with the applicable
provisions of Chapter 18 of this Title..
5. Except as provided in Chapter 17 of this Title,. the total ground floor area of
all residential buildings shall not exceed a lot coverage of thirty (30) percent.
6. All residences be limited to a maximum height of one story.:
7. The public improvements within manufactured home parks are developed in
accordance with the City's Subdivision Ordinance, which include:
Street and storm sewer improvements.
Sanitary sewer. improvements.
Water improvements.
Public. utilities (telephone, cable, electric and/or gas service).
. 8. Except as specifically regulated by this Section, the provisions of Sections.
11-55-13 through 11-55-19 of this Title are considered and satisfactorily met.
56-2
11-56-9: INTERIM USES: In addition to other uses specifically identified elsewhere.
m this. Title, and subject to applicable provisions of this Title, the following are mtenm uses
in the RST-1 District and are governed by Chapter 5 of this Title:
A. All interim. uses as allowed within the RS-4 Zoning District.
11-56-11 USES BY ADMINISTRATIVE PERMIT: In addition to other uses specifically
identified elsewhere in this Title, and subject to applicable provisions of this Section,
performance standards established by this Chapter, and processing requirements of
Chapter 8 of this Title, the following are uses allowed in a RST-1 District. by administrative
permit as may be issued by the Zoning Administrator:
A. All uses by administrative permit as allowed within the RS-4 Zoning District..
11-56-13: LOT REQUIREMENTS AND SETBACKS: The following minimum.
requirements shall be observed in an RST-1 District subject to additional requirements,
.exceptions and modifications set forth in this Title:
Single Family Two Family -
Lot Area -Corner 12,500 square feet 15,000 square feet
Lot Area-.Interior 11,000 square feet 15,000 square feet
Lot Width -Corner 100 feet 100 feet
Lot Width -Interior 85 feet 100 feet
Setbacks -.Front Yards 30 feet 30 feet
Setbacks -Rear Yards 30 feet 30 feet
Setbacks- Side Yards 10 feet on each side, or 20 10 feet on each side, or 20
feet on the side yard abutting feet on the side yard abutting
a public right-of-way a public right-of-way.
Buffer Yard: For lots of record. Side yard: 30 feet Side yard: 30 feet
established after February 16, Rear yard: 50 feet Rear yard: 50 feet
1999, the following additional
setback requirements shall
.apply:
56-3
CHAPTER 57
RST 2, SINGLE AND TWO FAMILY TRANSITION. DISTRICT
SECTION:
11-57-1: Purpose.
11-57-3: Permitted Uses
11-57-5: Permitted Accessory Uses
11-57-7: Conditional Uses
11-57-9: Interim Uses
11-57-11: Uses by Administrative Permit
11-57-13: Development Density
11-57-15: Lot Requirements and. Setbacks
11-57-17: Common Areas
11-57-19: Design and Construction Standards
11-57-1: PURPOSE: The. purpose of the RST-2, Single and Two Family Transition
District is to provide for .a transition in housing density and styles between low density
traditional single family areas and medium density housing areas, in a manner which
satisfies the following objectives:
A. Creation of cohesive low to medium density neighborhoods that provide attractive
living environments and contribute to the City's identity..
B. Provide attractive and durable low and medium density housing options as a means
of addressing the City's life cycle housing needs.
C. Preservation of natural .land farms, open spaces,. and greenways for scenic
enjoyment and recreational use through the regulation of medium density residential
land use.
11-57-3: PERMITTED USES: In addition to other uses specifically identified
elsevvhere in this Title, the following are permitted uses in arr RST-2 District:
A. All permitted uses as allowed within the RST-1 Zoning Districf.
B. Townhomes, detached only,. subject to the provisions of Section 11-57-17.B of this
Title.
57-1
11-57-5: PERMITTED ACCESSORY USES: In addition to other uses specifically.
identified elsewhere m this Title, the following are permitted accessory uses in an RST-2
District:
A. All permitted accessory uses as allowed within the RST-1 Zoning District..
11-57-7: CONDITIONAL USES:.. In addition to other uses specifically identified
elsewhere in this Title,the following. are conditional uses in an RST-2 District and require.
a conditional use permit. based upon procedures sef forth in and regulated by Chapter 4
of this Title. Additionally, besides the specific standards and criteria which may be cited
below for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the standards and criteria set forth in Section 11-4-3. E and 11-4-7
of this Title.
A. All conditional uses as allowed within the RST-1 Zoning District.
11-57-9: INTERIM .USES: In addition to other uses specifically identified elsewhere
in this. Title,. and subject to applicable provisions of this Title,. the following are interim uses
in the RST-2 District and are governed by Chapter 5 of this Title:
A. All interim uses as allowed within the RST-1 Zoning District.
11-57-14 : USES BY ADMINISTRATIVE PERMIT: In addition to other uses pecifically
identified elsewhere in this Title,. and subject to applicable provisions of this Section,
performance standards established by this Chapter, and processing requirements of
Chapter 8 of this Title, the following are uses allowed in an RST
2 District by administrative.
permit as may be issued by the Zoning Administrator:.
A. All uses by administrative permit as` allowed within the RST.-1 Zoning District.
11-57-13: DEVELOPMENT.DENSITY:
A. The maximum development. density within an RST-2 District will be based on the
net buildable area for either a single farnily detached townhome or a two: family
dwelling, or a condominium subdivision .exclusive of public. street rights-of-way,
wetlands, major. drainageways as defined by the Comprehensive Storm Water
Management Plan, .water bodies and slopes steeper than three to one'{3:1) slope
ratio..
B. The RST-2 Zoning District allows for a variety of residential. housing types. -The
maximum. development density hall be determined by the following lot area .per unit
standards:
57-2
1. Single Family Dwellings: As provided for in Section 11-57-15.A.
2. Detached Townhome Dwellings:. Seven thousand five hundred (7,500)
square feet.
3. Two Family Dwellings: Seven thousand five hundred (7,500) square feet per
unit.
11-57-15: LOT REQUIREMENTS AND SETBACKS: The following minimum
requirements shall be observed in an RST-2 District subject to additional requirements,
exceptions and modifications set forth in this Title:
A. Single family detached dwellings:
Lot Area -Comer 12,500 square feet
Lot Area -Interior 11,000 square feet
Lot Width -Corner 100 feet
Lot Width -Interior 85 feet
Setbacks Front Yards 30 feet
Setbacks -Rear Yards 30 feet
Setbacks -Side Yards 1D feet from the adjacent lot, or 20 feet on
the side yard abutting a public right-of-way
Buffer Yard: For lots of Side yard: 30 feet
record established after Rear yard: 50 feet
February 16, 1999, the
following additional
setback requirements shall
apply:
B. Detached townhome dwellings:
1. Lot Minimums: Within the RST-2 District, the following minimum base lot
requirements shall be imposed. The base lot-shall represent the smallest lot
or parcel which may accommodate development within the framework of the
permitted density of Section 11-57-13 prior to subdivision of unit lots...
a. Lot Area: Seven thousand five hundred (7,500) square feet...
b. Lot Width: Sixty (60) feet.
c. Lots bordering a major collector or arterial street: An additional #en
(10) feet of lot width to the requirement noted above.
57-3
2. Setbacks:
a. Front Yards: Not less than thirty (30) feet.
b. Side Yards: Five (5) feet from side. lot lines, .except not less than
twenty (20) feet on the side yard abutting a public right-of-way.
c. Rear Yards: Thirty. (30) feet.
d. Building Setbacks: There shall be a minimum setback between
buildings on an adjacent lot of twenty (20) feet or one-half the sum of
the adjacent building heights, whichever is greater.
3. Buffer Yard: The following additional setbacks shall apply. pursuant to
Section 11-21-9. C of this .Title:
a. Side Yard:. Thirty (30) feet.
b. Rear Yard: Fifty (50) feet.
C. Two Family Dwellings:
1. Base Lot Minimums:. Within the RST-2 District, the following minimum. base
lot requirements shall be imposed. The base lot shall represent the smallest
lot or parcel which may accommodate development within the framework of
the permitted density of Section. 11-57-13 prior to subdivision of unit lots..
a. Lot Area: fifteen thousand (1.5,000) square feet
b. Lot Width: One hundred (100) feet
c. Lots bordering a major collector' or arterial" street: An additional ten
(10) feet of lot width to the requirement noted above.
2. Unit Lots: The following minimum unit lot requirements shall be applied to
the subdivision of two family dwellings to permit individual private ownership
of a single dwelling within. such a structure:
a. Lot Area: Seven thousand five hundred (7,500) square feet..
b. Lot Width: Fifty (50) feet
3. Base Lot Setbacks
a. Front Yards: Not less than thirty (30) feet.
57-4
b. Side Yards: Not less than ten (10) feet from the adjacent lot, nor less
than twenty (20) feet on the side yard abutting a public right-of-way.
c. Rear Yards: Thirty (30) feet.
4. Buffer Yard: The following .additional setbacks shall apply pursuant to
Section 11-21-9. C of this Title:
a. Side Yard: Thirty (30) feet.
b. Rear Yard: Fifty (50) feet.
11-57-17: COMMON AREAS: The following minimum requirements shall be observed
in the RST-2 District:
A: Ownership: All common areas within an RST-2 developing including, but not
limited to, open space, wetlands, greenways drainage ponds, driveways, parking
areas, play areas, etc: shall be owned in.one of the following manners:
1. Condominium ownership pursuant to Minnesota Statutes 515A1-106.
2. Twinhome subdivision common areas shall be owned by the owners of each
unit lot, with each owner of a unit having an equal and undivided interest in
the common area.
B. Homeowners Association: A homeowners association shall be established for all
detached townhome developments within the RST-2 District, subject to review and.
approval. of the .City Attorney,.. and shall be responsible for all exterior building
maintenance, approval of any exterior architectural modifications, landscaping,
snow clearing and regular maintenance of private driveways and other areas. owned
in common when there is more than one individual property owner having interest
within the development.
• 11-57-19: TWO FAMLLY AND DETACHED TOWNHOME DESIGN AND
CONSTRUCTION STANDARDS:.
A.: Unit Sizes: The size of dwelling units shall comply with the minimums established
in Section 11-17-13 of this Title.
B. Unit Width: The minimum width of a dwelling unit within the RST-2 District. shall be
twenty-five (25) feet.
57-5
C. ..Unit Construction::
1. Building elevations .and floor plans shall be furnished with subdivision
requests illustrating exterior building. materials. and colors to demonstrate
compliance with Chapter 17 of this Title. Building floor plans shall identify
the interior storage`space within each unit..
2. Provision shall be made for possible decks, porches or additions. as part of
the initial dwelling unit building plans. The unit lot shall be configured. and
sized to include..decks or porches.
3. In case. of gable roof, a minimum eighteen. (18) inch roof overhang, soffit
shall be required for all residential structures.
4. Exterior Building Finish, Detached Townhome Dwelling Units: The exterior
of detached townhome dwelling .units shall include a variation in building
materials which are to be distributed throughout the $uilding facades and.
coordinated into the architectural design of the structure to create an
architecturally. balanced appearance. In addition, townhome dwelling.
structures. shall comply with the following requirements:
a. A minimum of twenty-five (25) percent of the combined area: of all
building facades of a structure. shall have an exterior finish of brick,
stucco and/or natural or artificial stone.
b. Except for brick., stucco, and/or natural or artificial stone, no single
building facade shall have more than seventy-five (75) percent of one
type of exterior finish,
c. Except. for brick, stucco, and/or natural or .artificial stone, no
townhome dwelling structure shall. have more than sixty (60) percent
of all building facades of one type of exterior finish..
d. _ For the purpose of this section, the area of the building facade shall
.not. include area devoted to windows, entrance. doors, .garage doors,
or roof areas.
D. Garages:
1. 'Each dwelling unit shall include an attached garage.
2. Garages shall comply with the following minimum size standards:.
a. For Dwellings with .Basements: Four hundred forty (440) square feet.
b. For Dwellings without Basements:. Five hundred forty (540) square
feet.
57-6
c. Garages shall be a minimum of twenty (20) feet in width.
E. Storm Shelter: In cases where dwelling units are constructed slab on-grade,
provisions shall be made to provide for storm protection. either internally to the unit
or in a separate storm shelter structure. Compliance with this requirement shall be
based upon Federal Emergency Management. Agency (FEMA) guidelines and
standards which are on file with the City Building Official
F. Outside Storage: Outside storage shall be allowed only in designatedareas which
are screened in accordance. with Chapter 21 of this Title and under the ownership
of the property owners association subject to other applicable provisions of .this
Title.
G. Utilities:
1: All utilities serving an RST-2 subdivision, including telephone, electricity, gas
and telecable shall be installed underground.
2. Separate public utility services shall be provided to each unit unless
exempted by the City. Engineer.
3. Water Connection. Individual unit shut off values shall be provided.
4. Sewer Connection. Where more than one unit is served by a sanitary sewer
service, all maintenance and cleaning shall be the `responsibility of the
property owners association or owners.
H. Streets: All streets shall be public and shall comply with design standards :and
specifications as governed by the City's Subdivision Ordinance.
57-7
CHAPTER 58
RM-1, MEDIUM DENSITY RESIDENTIAL DISTRICT
SECTION:
11-58-4: Purpose
11-58-3: Processing
11-58-5: Permitted Uses
11-58-7: Permitted Accessory Uses
91-58-9: Conditional Uses
11-58-11: Interim Uses
11-58-13: Uses by Administrative Permit
11-58-15: Development Density
11-58-17: Lot Requirements and Setbacks
11-58-19: Common Areas
11-58-21: Design and Construction Standards
11-58-23': Transition Requirements
11-58=25: Affordable Housing
11-58-1: PURPOSE: The purpose of the RM-1, Medium Density Residential District
is to establish a medium density residential neighborhood which satisfies the following
planning objectives:
A. Creation of a cohesive medium density neighborhood that provides attractive living
environments and contributes to the City's. identity.
B. Provide attractive and durable medium density housing. options as a means, of
addressing the City's Cife cycle housing needs..
C. ..Preservation of natural land forms,. open spaces, greenways for scenic enjoyment
and recreational use through the regulation of medium density residential land use.
D. Allows for the subdivision of twinhome, quadraminium and townhome base lots to
permit individual private ownership of a single dwelling within such a structure.-
11-58-3: PROCESSING: Full compliance with this Chapter, .other applicable.
provisions of this Title, and the City's Subdivision Ordinance provides an alternative to the
processing of a planned unit development for lots with more than one (1) principal
structure and/or use. Subdivision and administrative review requirements, as applicable,
shall however remain in full force and effect.
58-1
11-58-5; PERMITTED USES: In addition to other uses specifically` .identified
elsewhere. in this Title, the following are permitted uses in the. RM-1 District:
A. All permitted uses as allowed within the RST-4 Zoning District.
B. More than one. principal building on a base lot.
C. Quadraminiums.
D. Residential dwellings as required by Section 11-58-23 of this Title.
E. Residential facilities serving sixteen (16) or fewer persons.
F. Threeplex and fourplex multiple family units.
G. Townhomes with. no more than six (6) dwelling units: per structure if in a row or no
more than eight (8) dwelling units if back-to-back.
11-58-7: -PERMITTED ACCESSORY USES: In addition to other uses specifically
identified elsewhere in this Title, the following are permitted accessory uses in the RM-1
.District:
A. All permitted accessory uses as allowed within the RST-1 Zoning District.
11-58-9: CONDITIONAL USES: Ln addition to other uses specifically identified
elseware in his'Title, the following are conditional uses in an RM-1 District and require a
conditional use permit. based upon. procedures set forth in and regulated by Chapter 4 of
this Title: Additionally, besides the specific standards and criteria which may be cited
below for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the standards and criteria set forth in Section 11-4-3. E and 11-4-7
of this Title.
A. All conditional uses as allowed within the RST-1 Zoning District.
11-58-11: INTERIM USES: In addition to other uses specifically identified elsewhere
in this Title, and subject to applicable provisions of this Title, the following are interim uses.
in the RM-1 District and are governed by Chapter 5 of this Title:
A. All interim. uses as allowed within the RST-1 Zoning District.
58-2
11-58-13: USES BY ADMINISTRATIVE PERMIT: In addition to other uses specifically
identified elsewhere in this Title, and subject to .applicable provisions of this Chapter,
performance standards established by this Title, and processing requirements of Chapter
S of this Title, the following are uses allowed in a RM-1 District by administrative permit as
may be issued by the Zoning Administrator:
A. All uses by administrative permit as allowed within the RST-1 Zoning District.
11-58-15: DEVELOPMENT DENSITY:
A. The :maximum development density within an RM-1 District will be based on the net
buildable area for either a two family dwelling, quadraminium, townhome, or a
condominium subdivision exclusive of public street rights-of-way, wetlands, major
drainageways as defined by the Comprehensive Storm Water Management Plan,
water bodies and slopes steeper than three to one (3:1) slope ratio.
B. The RM-1 Zoning District allows for a variety of residential housing types. The.
maximum development density shall be determined by the following lot area per unit
standards:
1. Two Family Dwellings,. Three. Family Dwel ings, Four Family Dwellings,
Quadraminiums, Townhomes: Five thousand (5,000) square .feet per unit.
11-58-17: LOT REQUIREMENTS AND SETBACKS: The following minirnum
requirements shall be observed in an RM-1 District subject to additional requirements
exceptions. and modifications set forth in this Title.
A. Single family detached dwellings:
Lot Area -Comer 12,500 square feet
Lot Area -Interior 11,000 square feet
Lot Width -Corner 100 feet
LoY Width -Interior 85 feet
Setbacks: -.Front Yards 30 feet
Setbacks -Rear Yards 30 feet
Setbacks -Side .Yards 10 feet from the adjacent lot, or 20 feet on the
side yard abutting a public right-of-way
5$-3
Lot Area -Corner 12,500 square feet
Lot Area - '
Interior. 11,000 square feet
Buffer Yard: For lots of .Side yard: 30 feet
record established after Rear yard: 50 feet
February 16, 1999, the
following additional
setback requirements
shall apply:
B. Two family, townhome, quadraminium dwellings:
1. Base Lot Minimums: Within the RM-1 District, the following minimum base
lot requirements shall be imposed. The base lot shall represent -the smallest
lot or parcel. which may accommodate development within the framework. of
the permitted density of Section 11=58-15 prior to subdivision of unit lots.
a. Lot Area: Twenty thousand (20,000) square feet
b. Lot Width: One hundred (100) feet
c_ . Lots bordering a major collector or arterial street: An additional.
twenty (20) feet of lot width to the requirement noted above.
2. Unit Lots: The following minimum unit lot requirements shall be applied to
the subdivision of two family dwellings, quadraminiums or townhomes to
permit individual private ownership of a single .dwelling. within such a
.structure:
a. Lot Area: Twinhome, quadraminium, or townhome uni# lots shall have
sufficient lot area to include the living area, garages, decks, patios or
porches of the individual dwelling units.
b. Lot Width:
1) Two Family Dwelling: Fifty (50) feet.
2) Quadraminium: Fifty (50) feet
3) Townhome: Twenty-five (25) feet
3. Base Lot Setbacks:
a. A minimum setback of thirty (30) feet shall be required at the
periphery of the. base lot development.
b. Yards bordering a major collector or arterial street: An additional 20
feet of setback to the side yard or rear yard requirements noted
above is required to support a landscaped buffer yard.
58-4
4. Building Setbacks: .The following minimum internal setbacks shall be
imposed on medium density. developments. #hat .include more than one
principaP structure on a base lot:
a, Setback between buildings within the same base lot shall maintain a
minimum separation of twenty-five (25) feet. or one-half (1/2}the sum
of the building heights of the two (2) adjoining buildings, whichever is
.greater.
b. Buildings shall be setback a minimum of thirty (30) feet from the back.
of curb line of private drives, guest parking areas and public rights-of-
way.
c. Buildings shall be setback a minimum of thirty-three (33) feet from the
designated wetland boundary.
11-58-19: COMMON AREAS: The following minimum requirements shall be observed
in the RM-1 District governing common areas:
A. Ownership:. All common areas within an RM-1 development including, but not
.limited to, open space, wetlands, greenways, drainage ponds, driveways, private
drives, parking areas, play areas, etc. shall be owned in one of the following
manners:
1. Condominium ownership pursuant to Minnesota Statutes 515A1-106.
2. Twinhome, quadraminium and townhome subdivision :common areas shall.
be owned by the owners of each unit lot, with each owner of a unit having an
equal and undivided interest in the common area
B. Home Owners Association: A home owners association shall be established for all
quadraminium, three and four-plex multiple family and townhome developments
within the RM-1 District, subject to review and approval of the City Attorney, and
shall be responsible for all exterior building maintenance, approval of any exterior
architectural modifications, landscaping, snow clearing and regular maintenance
of private driveways and other. areas owned in common when there is more than
one individual property owner having interest within the development.
11-58-21: DESIGN AND CONSTRUCTION STANDARDS:
A. Unit Size: The size: of dwelling unitsshall comply with the minimums established
-in Section 11-17-13 of this Title.
58-5
B. Unit Width: The minimum width of a dwelling unit within the RM-1 District shall be
twenty-five (25) feet.
C. Unit Construction:
1. Building .elevations and floor plans shall be furnished with subdivision
requests illustrating exterior building material and colors: to demonstrate
compliance with Chapter 17 of this Title. Building floor plans shall identify
the interior storage.space within each unit.
2. Provision shall be made for possible decks., porches or additions as part of
the initial dwelling unit building plans. The unit lot shall be configured and
sized to include decks or porches.
3. In case of gable roof, a minimum eighteen (18)-inch roof overhang, soffit
shall be required for all. residential structures.
4. Exterior Building Finish. The exterior of townhome dwelling units shall
include a variation in building materials which .are to be .distributed
throughout the building facades and coordinated into the architectural design
of the structure to create an architecturally balanced appearance. In
addition, .townhome dwelling structures shall comply with. the following
requirements:
a. A minimum of twenty-five (25) percent of the combined area of aIF
building facades of a structure shall have an exterior finish of brick,
stucco and/or natural or artificial stone.
b. Except for brick, stucco, acid/or natural or artificial stone.,. no single
building facade shall have more than seventy-five (75) .percent of one
type of exterior finish.
c. Except -for brick, stucco, .and/or natural or artificial stone, no
townhome dwelling structure shall have more than sixty (60) percent
of all building facades of one type of exterior finish....
d. For the purpose of this section, the area of the building facade shall
not include area devoted to windows, entrance doors, garage doors,
or roof areas..
D. Garages:
1. Each dwelling unit shall. include an attached garage..
2. Garages shall comply_with the following minimum size standards:
58-6
a. For dwellings with basements: Four hundred forty (440) square feet.
b. For. dwellings without .basements:. Five. hundred forty (540). square
feet.
c. Garages shall be a minimum of twenty (20) feet in width."
E. Storm Shelter: In cases .where dwelling units are constructed slab on-grade,
provisions shall be made to provide for storm protection either internally to the unit
or in a separate storm shelter structure.. Compliance with this requirement. shall be
based upon Federal Emergency Management Agency (FEMA) guidelines and
standards which are on file with the City Building Official
F. Outside Storage: Outside storage shall be allowed only in designated ::areas. which
are screened.. in accordance with Chapter 21 of this Title and under the ownership
of the property owners association subject to other applicable provisions ofi this
Title.
G. lJtilities:
1. qll utilities serving an RM-1 subdivision, including telephone, electricity, gas
and telecable shall be installed underground". Exterior utility meters and/or
fixtures shall be located in interior side or rear yards when possible and shall
be screened fromview of adjacent properties and the public right-of-way.
• 2. Separate public utility services shall be provided. to each unit unless.
exempted by the City Engineer.
3. Water connection: Individual unit shut off valves shall be provided.
4. Sewer connection: Where morethan one unit is served by a sanitarysewer
service, all maintenance and cleaning shall be the responsibility. of the
property owners association or owners.
H. Streets.: All streets shall be public and shall comply with the design standards and
specifications as governed by the City's Subdivision Ordinance, except that the
required right-of--way width maybe reduced to fifty (50) feet and the required. street
..width reduced to twenty-eight (28) feet (back of curb to back of curb) by conditional
use permit.
L Drives:..
1. Deadend private driveways shall serve a maximum ofitwo (2) structures or
six (6) units per side.
2. Private drives shall be under the ownership and control of the property
owners association who shall be responsible for the maintenance, repair,
and replacement of surfacing. Said association shall maintain a capital
improvement program for the driveways under its ownership.
58-7
3. Provisions for adequate turnaround shall be made at the terminus of all
private drives.
4. Private drives must include plans and areas for snow storage:
5. Private drives shall be a minimum of twenty-eight (28) feet in-width (back of
curb to back of curb).
J. Guest Parking: At minimum, one half (1 /2) guest parking spaces per unit shall be
provided in an off-street. parking lot-or private drive. The design of the off: street.
parking lot shall conform to requirements of Chapter 19 of this Title.
K: Landscaping/Screening/Lighting:. A detailed landscaping and lighting plan shall be
provided and implemented pursuant to Section 11-16-17 and Chapter 21 of this
Title. Said landscaping and screening shall, address the following:
1. All open areas of the development project which are not used or improved
for required parking areas, drives or storage shall be landscaped with a
combination of overstory trees, understory trees, shrubs, flowers and ground
cover materials The plan for landscaping shall include. ground cover,
bushes, shrubbery, trees, sculpture, foundations, decorative walks or other
similar site design features or materials in a quantity having a minimum value
in conformance with the following .table:
Project Value including Building Minimum Landscape .Value
Construction, .Site Preparation,.-and Site
Improvements
Below $1,000,000 2%
$1,000,001 - $2,000,000 $20,000 plus 1% of project
value in excess of
$1,000,000
$2,000,001 - $3,000,000 $30,000 plus .75% of
projectvalue in excess of
$2,000,000
$3,000,001 - $4,000,000 $37,500 plus .25% Of
project value in excess of
$3,000,000
Over $4,000,000. 1
~2. Landscaping at the boundary of the site adjoining another property and the
immediate perimeter of the principal structure.
58-8
3. Buffer yard landscaping for yards bordering major collector and arterial
streets.
4. Screening of guest. parking areas.
5. All boulevards shall be sodded.
6. Screening of designated outdoor storage areas.
7. All landscaped areas, including on-site traffic islands and all public rights-of-
way adjacent to the property (where access is allowed by the' governmental.
jurisdiction), shall have an in-ground irrigation system with an automatic
controller.
L. In addition to the park dedication requirements stipulated by the City's Subdivision
Ordinance, a minimum of ten (10) percent of the gross development projecf area
shall be in usable open space and recreational use for the project residents. Such
areas. shall be specifically designed for both theactive .and passive use by the
.project residents. and may include swimming pools, trails, nature areas, tot lots,.
exercise equipment, saunas, etc. Said areas and facilities. shall be private, except
in those cases where the City agrees to assume responsibility for all or a portion of
the recreational space. In those cases where private ownership is maintained, the
land and facilities shall be subject to the requirement of common areas as detailed
in Section 11-58-19 of this Title..
11-58-23: TRANSITION REQUIREMENT: Any RM-1 zoned property. abutting an RS-1,
RS-2, RS-3, RS-4, RS-CBD District shall have a minimum of one (1) tier of single family
detached, two family dwelling lots, or detached townhomes bordering such a district and
shall be subject to the lot and design standards of the RST-2 District. Exemptions to the
provisions of this Section maybe granted subject to the approvat of an ad inistrative
permit at the time of development, provided one or more of the following conditions exist:
A. The properties are separated by a major collector or arterial street.
B. The abutting land use is anon-residential use allowed in the district in which it is
located.
C. The properties are separated by a railroad right-of-way, wetland, waterbody,
floodplain, public open space, park or other such. similar publicly reserved and
development restricted. areawith a minimum width of one hundred (100) feet across
its entire length.
58-9
11-58-25: AFFORDABLE HOUSING: Housing meeting the Metropolitan Council's
livable communities criteria for affordability may be exempted from subsections C, D, E,
I<, and L of Section 11-58-21 (Design and Construction Standards) of thin Title by
admin+strative permit, provided guarantees satisfactory to the City are in place to ensure
that "for sale" housing will meet the requirement for initial sales and "for rent" housing will
....meet the requirement for the initial ten (10) year rental .period.
58-10
CHAPTER 59
RM-2, MEDIUM DENSITY RESIDENTIAL DISTRICT
SECTION:
11=59-1: Purpose
11-59-3: Processing
11-59-5: Permitted Uses
11-59-7: Permitted Accessory. Uses
11-59-9: Conditional Uses
11-59-11: Interim Uses
11-59-13: Uses by Administrative Permit
11-59-15: Development Density
11-59-17: Lot Requirements and Setbacks
11-59-19: Common Areas
11-59-21: Design and Construction Standards
11-59-23: Transition Requirement
11-59-25: Affordable Housing
11-59-1: PURPOSE:.. The purpose of the RM-2, Medium Density Residential District
is to provide for. low to moderate density through the mixture of two (2) unit and medium
density dwellings and directly related, complementary uses, and to allow increased density
for developments exceeding the minimum standards of the RM-1 District.
11-58-3: PROCESSING: Full compliance with this Chapter, other applicable
provisions of this Title, and the City's Subdivision Ordinance provides an alternative to the
processing of a planned .unit development for lots. with more #han one (1) principal
structure and/or use. Subdivision and administrative review requirements, as applicable,
shall however remain in full force and effect.
11-59-5: PERMITTED USES: In addition to other uses specifically identified
elsewhere in this Title, the following are permitted uses in an RM-2 District:
A. All :permitted uses as allowed within the RM-1 Zoning District.
11-59-7: PERMITTED ACCESSORY USES: In addition to other uses specifically
identified elsewhere in thin Title, the following. are permitted accessory uses. in an RM-2
District:
A. All permitted accessory uses as allowed within the RM-1 ,Zoning District.
59-1
11-59-9: CONDITIONAL. USES: In addition to other uses specifically identified
elseware in this Title, the following. are conditional uses in an RM 2 District and require a
conditional use permit based upon procedures set forth in and regulated by Chapter 4 of
this Title. Additionally, besides the specific standards` and criteria which may be cited
below for respective conditional uses, each request for a conditional use permit shall. be
evaluated based upon the standards and criteria set forth in Section 14-4-3. E and 11-4-7
of this Title.
A. All conditional uses as allowed within the RM-1 Zoning District.
11-59-11: INTERIM USES:.. In addition to other uses specifically identified elsewhere
in this Title, and subject to applicable provisions of this Title, the following are interim uses
in the RM-2 District and are governed by Chapter 5 of this Title:
A. All interim uses as allowed within the RM-1 Zoning District.
11-59-13: USES BY ADMINISTRATIVE PERMIT:. In addition to other uses specifically
identified elsewhere in this Title, and subject to applicable provisions of this .Section,
performance standards. established by thin Chapter, and processing requirements of
Chapter 8 of thisTitle, the following. are uses allowed in a RM-2 District by administrative
permit as may be issued by the Zoning Administrator:.
A. All uses by administrative permit as allowed within the RM-1 Zoning District.
11-59-15: DEVELOPMENT DENSITY:
A. .The maximum development density within an RM-2 District will_be based on the net
buildable area for either a two family dwelling, quadraminium, townhome, or a
condominium subdivision exclusive of public street rights-of-way, wetlands, major
drainageways as defined by the Comprehensive Storm Water Management Plan,
water bodies and slopes steeper than.three to one (3:1) slope ratio.
B. The RM-2 Zoning District allows for a variety of residential housing types, except
as provided in Item C. below. The maximum development density shall be
determined by the following lot area per unit standards:
1. Two Family Dwellings, Three Family bwellings, Four- Family Dwellings,
Quadraminiums, Townhomes: Five thousand. (5,000) square feet per unit.
59-2
C. Except for elderly housing, a maximum twenty (20) percent reduction in square feet
per unit requirement as specified in Section 11-59-15. B of this Chapter based upon
the following features and square foot reductions:
Lot Area Per
Bonus Feature Unit Reduction
1. For each additional percentage point in 100 square feet
value of landscape amenities as outlined
in Section 11-58-21.K of this Title
up to a maximum of doubling the stipulated
minimum.
2. For each additional fifteen (15) percent of 100 square feet
park dedication above the minimum
established by City Council. resolution
(cash, land, or construction) as determined
acceptable by the City, up to a maximum of
forty-five (45) percent.
3. For each additional five (5) percent of 100 square feet
private, usable open space developed
above the minimum established in
Section 11-58-21. L of this Title
up to a maximum of twenty-five (25) percent.
4. For each two thousand (2,000) square feet 200 square feet
of indoor private community center/
recreation space up to a maximum of four
thousand (4,000) square feet per each
fifty (50) units in the project.
11-59-17: .LOT REQUIREMENTS AND SETBACKS: The following minimum:
requirements-shall be observed in a RM-2 District. subject to additional requirements,.
exceptions and modifications set forth in this Title:
A. All lot requirements and setbacks as allowed within. the. RM-1 Zoning District.
11-59-19: COMMON AREAS: The following minimum requirements shall be observed
in the RM-2 District governing common areas:
A. All common areas shall be subject to the requirements of the RM-1 Zoning District.
59-3
11-59-21: DESIGN AND CONSTRUCTION STANDARDS:
A. All design and construction standards shall be the .same as-in the RM-1 Zoning
District.
11-59-23: .TRANSITION REQUIREMENT: The #ransition requirement shall be as
.specified in the RM-1 .Zoning District.
11-59-25: AFFORDABLE HOUSING: Allowances for affordable housing shall be as
provided for in the RM-1 District..
59-4
CHAPTER 60
..RESERVED
60-1
CHAPTER 61
RH-1, MULTIPLE FAMILY RESIDENTIAL DISTRICT
SECTION:
11-61-1: Purpose
11-61-3: Permitted Uses
11-61-5: Permitted Accessory Uses
11-61-7: Conditional Uses
11-61-9: Interim Uses
11-61-11: Uses by Administrative Permit
11-61-13: Development Density
11-61-15: Lot Requirements. and Setbacks
11-61-17: Common Areas
11-61-19: Design and Construction Standards
11-61-21: Transition Requirement
11-61-23: Affordable,Housing
11-61-1: PURPOSE: The purpose of the RH-1, Multiple Family Residential District
is to provide for high .density .housing in multiple-family .structures and directly .related
complementary uses.
11-61-3: PERMITTED USES: In addition to other uses specifically identified
elsewhere in this Title, the following are permitted uses in an RH-1 District:.
A. All permitted uses. as allowed in the RM-2 Zoning District, except
1. More than one (1) principal building on a baselot.
2. Single#amily dwellings.
6. Manor .homes.
C. Multiple-family dwelling structures.
D. Residential dwellings as required bySection 11-61-21 of this Title.
E. Townhouses, six (6) units in a row or twelve (12) urtitsback-to-back,
11-61-5: PERMITTED ACCESSORY USES: In addition to other uses specifically
identified elsewhere in this Title, the following are permitted accessory uses.. in an RH-1
District:
61-1
A. All permitted accessory uses as allowed within the RM-2 Zoning District.
11-61-7: CONDITIONAL USES: In addition to other uses specifically identified
elseware in this Title, the following are conditional uses in an RH-1 District and require a
conditional use permit based upon procedures set forth in and regulated by Chapter 4 of
this Title. Additionally, besides the specific standards and criteria which may be cited
below for respective conditional uses,. each. request for a conditional use permit shall be
evaluated based. upon the standards and criteria sef forth in Section 11-4-3. E and 11-4-7
of this Title.
A. All conditional uses as allowed within the RM-2 Zoning District..
B. More than one (1) principal residential building on one (1) lot of record, provided
that:
1. The applicable provisions of Sections 11-61-17 of this Title are satisfactorily
met.
11-61-9: INTERIM USES:. In addition to other uses specifically. identified elsewhere
in this Title, and subject to applicable provisions of this Title, the .following are interim uses-
in the RH-1 District and are governed by Chapter 5 of this Title:
A. All interim uses as allowed within the RM-1 Zoning District.
11-61-11: USES BY ADMINISTRATNE PERMIT: In addition to other uses specifically
identified. elsewhere in .this Title, and .subject to applicable provisions of this Section,
.performance standards established by .this Chapter, and processing requirements of
Chapter 8 of this Title; the following are uses allowed in a RH-1 District by administrative
permit as may be issued by the Zoning .Administrator:
A. All. uses by administrative permit as allowed within .the RM-2 Zoning District.
11-61-13: DEVELOPMENT DENSITY:
A. The maximum development density within an RH-1 District will be based on the net
buildable area for either a two family dwelling; quadraminium, townhome, or a
condominium subdivision exclusive of public street. rights-of-way, wetlands, major
drainageways as defined by the Comprehensive Stormwater Management Plan,
waterbodies and slopes steeper than three to one (3:1) slope ratio..
61-2
B. The RH-1 District allows for a varlet of residential. housin t es. The maxi
Y 9 Yp mum
development ..density shall be determined by the following lot area .per unit
standards:
1. Two Family Dwellings, Three Family Dwellings, Four Family Dwellings,
Manor. Homes, Quadraminiums, Townhomes: Five thousand (5,000) square
feet per unit.
2. Multiple. Family: Dwellings: Two thousand five hundred (2,500) quare feet
per unit.
11-61-15: LOT REQUIREMENTS AND SETBACKS: The following .minimum.
requirements shall be observed in an RH-1 District subject to additional requirements,
exceptions and modifications set forth in this Title:
A. Base Lot Minimums: Within the RH-1 District, the following minimum base lot
.requirements shall be imposed. The base lot shall represent the smallest lot or
parcel which may accommodate development within the framework of the permitted
.density of Section 11-61-13 prior to subdivision of unit lots.
1. Lot Area: Twenty thousand (20,000) square feet
2. Lot Width: One hundred (100) feet
3. .Lots bordering a major collector or arterial street: An additional twenty {20)
feet of lot width to the requirement noted above.
B. Unit Lots -Two family, Townhomes, Quadraminium Units: The following minimum.
unit lot requirements shall be applied to the subdivision of two family dwellings,
quadraminiums or twnhomes to permit individual private ownership of a single
dwelling within such a structure:
1. Lot Area: Twinhome, quadraminium, or townhome unit lots shall have
sufficient lot area to include the living area, garages, decks, patios or
porches of the individual dwelling units.
2. Lot Width:
a. Two Family Dwelling: Fifty (50) feet. -
b. Quadraminium; Fifty (50) feet
c. Townhome: Twenty-five (25) feet
C. Unit Lots -Single Family Detached Dwellings: Lot sizes and setback requirements
for transitional single family detached dwellings required by Section 11-61-21 of this
61-3
Title shall be subject to the same standards imposed by the abutting residential
.district for which the transition is intended to buffer.
D. Base Lot Setbacks:.
1. A minimum setback of thirty (30) feet shallbe required at the periphery of the
base lot development.
2, Yards bordering a major collector or arterial street: An additional 20 feet of
setback to the side yard or rear yard requirements noted above is required
to support a landscaped buffer yard.
E. Building Setbacks: The following minimum internal setbacks shalt be imposed on
medium density developments that include more than. one principal structure on a
base lot:
1. Setback between buildings within the same base lot shall maintain a
minimum separation of twenty-five (25) feet or one-half (1/2) the sum of the
building heights of the two (2) adjoining buildings, whichever is greater.
2. Buildings shall be setback a minimum of thirty (30) feet from the back of curb
line of private drives, guest parking areas, and public rights-of-way.
3. Buil
dings shall be setback a minimum of thirty-three (33) feet from the
designated wetland boundary.
11-64-17: COMMON AREAS: The following minimum requirements shall be observed
in the RH-1 District governing common areas:.
A. Ownership: All common areas within an RH-1 development including, but not
limited to, open space, wetlands, greenways, drainage ponds, driveways, private.
drives, parking areas, play areas, etc. shall be owned in one of the following
manners:
1. Condominium ownership pursuant to Minnesota Statutes 515A1-106.
2. Twinhome, quadraminium and townhome subdivision common areas. shall
be owned by the owners of each unit lot, with each .owner of a unit having an
equal and undivided interest in the common area.
B. Home Owners Association: A homeowners association shall be established for all
townhome, quadraminiums, manor home and multiplefamily developments within
the RH-1 District, subject to review and approval of the City Attorney, and shall be
responsible for. all exterior building maintenance,. approval of any ..exterior
architectural modifications, landscaping, snow clearing and regular maintenance
61-4
of private driveways and other areas owned in common when there. is more than
one individual property owner having interest within the development.
11-61-19: DESIGN AND CONSTRUCTION STANDARDS:
A. Design and construction standards for townhomes shall be as specified in Section
11-58-21 of this Title.
B. Thee exterior of multiple family dwelling structures shall include a variation in
building materials which are to be distributed throughout the building facades and
coordinated into the architectural design of the structure to create an architecturally.
balanced appearance. In addition, multiple family dwelling structures. shall comply
with the following requirements:
1. A minimum of fifty (50) percent of the combined area of all building facades
of a structure shall have. an exterior finish of brick, stucco and/or natural or
artificial stone.
2. For the purposes of this Section, the. area of the building facade .shall not.
include area devoted to windows, entrance doors, garage doors, or roof
areas.
11-61-21: TRANSITION REQUIREMENT: Any RH-1 zoned property abutting an RS-1,
RS-2, RS-3, RS-4, RS-CBD District shall have a minimum of one (1) tier of single family
detached, two family dwelling lots, or detached townhomes bordering such. a district and
shall be subject to the same lot and building standards as the RST-2 District. Exemptions
to the provisions of this Section may be .granted subject to the .approval of an
administrative permit at the time of development, provided one or more of the following
conditions exist:
1. The properties are separated by a major collector or arterial street.
2. The abutting land use is anon.-residential use allowed in the district in which it is
located.
3. The properties are separated by a railroad right-of-way, wetland, waterbody,
floodplain, public open pace, park or other such similar publicly reserved and
development restricted area with a minimum width of one hundred (100) feet across
its entire length.
11-61-23: AFFORDABLE HOUSING: Allowances for affordable housing shall. be as
provided for within the RM-2 District.
61-5
CHAPTER:62
RH-2, MULTIPLE FAMILY RESIDENTIAL DISTRICT
SECTION:
11-62-1: Purpose
11-62-3: Permitted Uses
11-62-5: Permitted Accessory Uses
11-62-7: Conditional. Uses
11-62-9: Interim Uses
11-62-11: Uses by Administrative Permit
11-62-13: Development Density
11-62-15: Lot Requirements and Setbacks
11-62-17: Common Areas
11-62-19: Design and Construction. Standards
11-62-21 Transition Requirement
11-62-23: Affordable Housing
11-62-1: PURPOSE: The purpose of the RH-2, Multiple Family Residential District.
is to provide for high density residential uses, and directly related uses..
11-62-3: PERMITTED USES: In addition to other uses specifically. identified
elsewhere in .this Title, the following are permitted uses in an RH-2 District:
A. All permitted uses as allowed within the RH-1 Zoning District.
11-62-5: PERMITTED ACCESSORY USES: In addition to other uses specifically
identified elsewhere in this Title, the following are permitted accessory uses: in an RH-2
District:
A. All permitted accessory uses: as allowed within the RH-1 Zoning District.
11-62-7: CONDITIONAL USES: In addition to other uses specifically. ,identified
elseware in this Title, the following are conditional uses in an RH-2 District and require a
conditional use permit based upon procedures set forth in and regulated by Chapter 4 of
this Title. Additionally, besides the specific standards .and criteria which may be .cited
below for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the..standards and criteria set forth in-.Section 11-4-3.E and 11-4-7
of this Title.
62-1
A. All conditional uses as allowed within the RH-1 Zoning District.
11-62-9: INTERIM USES: In addition to other uses specifically identified elsewhere
in this Title, and subject to applicable provisions of this Title,. the following are interim uses
in the RH-2 District and are governed by Chapter 5 of this Title:
A. All interim uses as allowed within the RH-1 Zoning District.
11-62-11: USES BY ADMINISTRATIVE PERMIT: In addition to other uses specifically
identified elsewhere. in this Title, and subject to applicable provisions of this Section,
performance standards established by this Chapter; and processing .requirements of
.Chapter 8 of this Title, the following are uses allowed in a RH-2 District by administrative
permit as may be issued by the Zoning Administrator:
A. All uses by administrative permit as allowed within the RH-1 Zoning District.
11-62-13: DEVELOPMENT DENSITY:
A. The maximum development density within an RH-1 District will be based on the net
buildable area for either a two family .dwelling, quadraminium, townhome, or a
condominium subdivision exclusive of publicstreet rights-of-way, wetlands, major
drainageways as defined by the Comprehensive Stormwater Management Plan,
waterbodies and slopes steeper than three to one (3:1) slope ratio
B. The RH-2 District allows for a variety of residential housing types. The maximum
development density shall be determined by the following lot area per unit
standards:
1. Two Family Dwellings, Three Family Dwellings, Four Family. Dwellings,
Manor Homes, Quadraminiums, Townhomes: Five thousand (5,000) square
feet per unit.
2. .Multiple Family Dwellings: Two thousand five hundred (2,500) square feet
per unit.
3. Elderly Housing:. Five hundred (500) square feet per unit.
C. Except for elderly housing,. a maximum twenty (20) percent reduction in square feet
per unit requirement as specified in Section 11-62-13. B of this Title based upon the
following features and square foot reductions:
a it es
1. Two F m y Dwellings, Quadrammiums, Townhous ,and Multiple .Family
Structures With. Less Than Ten (10) Units:
62-2
Lot Area Per
Bonus Feature Unit Reduction.
a. For each additional percentage point in 100 square feet
value of landscape amenities as outlined
in Section 11-58-21. K of this Title
up to a maximum of doubling the stipulated
minimum.
b. For each additional fifteen (15) percent of 100 square feet
park dedication above the minimum
..established by City Council resolution
(cash, land, or construction) as determined
acceptable by the City, up to a maximum of
forty-five (45) percent.
c. For each additional five (5) percent of 100 square feet
private, usable open space developed
above the minimum established in
Section 11-58-21. L of this Title
up to a maximum of twenty-five (25) percent.
d. For each two thousand (2,000) square feet. 200 square feet
of indoor private. community center
recreation space up to a maximum of four
thousand (4,000) square feet per each
fifty (50) units in the project.
2. Multiple Family Structures With Ten (10) or More Units:
Lot Area Per
Bonus Feature Unit Reduction
a. Elevator serving each floor 75 square feet
b. Indoor recreation and social rooms equal
to 25 square feet per unit or 750 square
feet total, whichever is greater 50 square feet
c. Major outdoor recreational facilities such
as swimming pools, tennis courts or
similar facilities requiring a substantial
investment equaling at minimum 5%
of the construction cost of the principal
structure 75 square feet
62-3
Lot Area Per
Bonus Feature Unit Reduction
d. Two-thirds (2/3) of the required fee-free.
parking underground or within the
principal structure (not including attached
or detached garages) 300 square feet
e. Type 11 construction 300 square feet
f. Bonus features and square foot reductions
as provided for by Section 11-62-13. C.1
of this Title, except 11-62-13.C.1.d above
11-62-15: LOT REQUIREMENTS AND SETBACKS: The following minimum
requirements shall be observed in an RH-2 District subject to additional requirements,
exceptions and modifications set forth in this Title:
A. Lot requirements and setbacks shall be as specified in the RH-1 Zoning District.
S 11-62-17: COMMON AREAS: The following minimum requirements shall be observed
in the RH-2 District governing common areas:
A. Common. areas shall be as specified in the RH-1 Zoning District.
11-62-19: DESIGN AND CONSTRUCTION-STANDARDS:
A. Designated. construction standards shall be as specified within the RH-1 Zoning
District.
11-62-21: TRANSITION REQUIREMENT: The transition requirement shall be as
specified in the RH-1 Zoning District.
11-62-23: AFFORDABLE HOUSING: Allowances for affordable housing shall be as
provided for in the. `RH-1 District.
62-4
CHAPTERS 63 - 69
RESERVED
63-1
CHAPTER 70
O-R, OFFICE/RESIDENTIAL TRANSITION DISTRICT
SECTION:
11-70-1: Purpose
11-70-3: Permitted Uses
11-70-5: Accessory Uses
11-70-7: Conditional Uses
11-70-9: Interim Uses
11-70-11: Uses by Administrative Permit
11-70-13: Design Standards
11-70-15: Lot Requirements and Setbacks.
11-70-1: PURPOSE: The purpose of the O-R, Office/Residential Transition Zoning
District is to provide for an orderly and progressive transition in land use from business to
residential development and to provide for the harmonious. intermixing of such activities.
A full range o~;public services and facilities shall be available in O-R areas.
11-70-3: PERMITTED USES: In addition to other uses specifically identified
elsewhere in this Title, the following are permitted uses in an O-R District:
A. Banks, savings and loans, credit unions and other. financial. institutions.
B. Funeral homes and mortuaries.
C. Offices, general and clinical
D. Private clubs and lodges., without on/off sale liquor..
E. Schools, trade business and post secondary.
11-70-5: ACCESSORY USES: In addition to other uses specifically identified
elsewhere in this Title,. the following are permitted accessory uses in an O-R bistrict:
A. Accessory uses and buildings incidental and customary to uses allowed as
permitted, conditional, interim and administrative permits in this Chapter.
B. Fences as regulated by Chapter 21 of this Title.
C. Keeping of animals. as regulated by Chapter 35 of this Ti#le.
D. Off-street parking and off-streetloading as regulated by Chapters 19 and 20 of this
Ti#le~, but not including semi-trailer trucks, except in designated Loading areas not.
to exceed two (2) hours.
70-1
E. Secondary or accessory use antennas or satellites. as regulated by Chapter 30 of
this Title..
F. Sexuaily oriented uses -accessory.
G. Signs as regulated by Chapter 23 of this Title.
11-70-7: CONDITIONAL USES: In addition. to other uses specifically identified
elseware in this Title, the following are conditional uses in an O-R District and require a
conditional use permit based upon procedures set forth in and regulated by Chapter 4 of
this Title. Additionally, besides the specific standards and criteria which. may. be-cited
below for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the standards and criteria set forth in Section 11-4-3. E and 11-4-7
of this Title.
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 (15}percent 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.
B. Daycare facilities as a principal or accessory use provided that the use complies
with the provisions of Chapter 31 of this Title.
C. Elderly housing subject to the requirements of the RH-2 Zoning District.
D. Essential services involving transmission pipelines and transmission or substation
lines in excess of 331N and up to 2001N, as regulated by Chapter 26 of this Title.
E. Extended stay hotels without restaurants provided that:
1. More than fifty (50) percent of the rooms shall have cooking faci .ities.
70-2
2. Accessory restaurants, reception halls, cocktail lounges, and conference
centers shall be prohibited.
3. All signage shall be compatible with surrounding residential and. business
uses.
F. Hospitals.....
G. Mixed Uses: Buildings combining residential and. non-residential uses allowed in
this district, provided that:
1. The residential and non-residential uses shall not conflict in any manner.
2. The residential building standards as outlined in the RH-2 Zoning District are
met.
H. Multiple family dwelling structures subject to the requirements of the RM-2 Zoning
District.
L Personal wireless service antennas .telephone antennas not located on a public
structure, as regulated by Chapter 30 of this Title.
J. Residential Facilities and_Nursing Homes provided that:..
1. Side yards are double the minimum requirements established for this district
and are screened incompliance with Section 11-21-9 of this Title..
2. Only the rear yard shall be used for play. or recreational areas. Said area
shall be fenced and controlled and screened in compliance with Section 11-
21-9 of this Title.
3. The site shall be served by an arterial or collector street of sufficient capacity
to accommodate traffic which will be generated.
4. All State laws and statutes governing such uses are strictly. adhered to and
all required operating permits are secured..
K. Religious institutions.
L. Special event and catering restaurants, provided that:
1. No drive-through window service shall be provided.
2. The storage, preparation,. and serving of food .items are subject to the
approval of the Zoning. Administrator who shall provide specific written
.sanitary requirements based upon applicable State and County regulations.
70-3
11-70-9: INTERIM. USES: In addition to other uses specifically identified elsewhere
in #his Title, and subject to applicable provisions of this Chapter, the following are interim-
uses in the O-R District .and are further governed by Chapter 5 of this Title.
A. WECS, as regulated by Chapter 28 of this Title.
11-70-11: USES BY ADMINISTRATIVE PERMIT: In addition to other uses specifically
identified elsewhere in this. Title, and subject to applicable provisions of this Section,
performance standards established by this Chapter, and processing. requirements of
Chapter 8 of this Title, the following are uses allowed in an 0-R District by administrative
permit as may be issued. by the Zoning Administrator:
A. Essential. services, except transmission pipelines and transmission or.substation
lines in excess of 33KV and up to 200KV, as regulated by Chapter 26 of this Title.
B. Personal wireless service antennas located upon. an existing structure or tower or
temporary mobile tower as regulated by Chapter 30 of this Title.
C. Temporary structures as regulated by Chapter 28 of this Title.
11-70-13: DESIGN STANDARDS: The architectural appearance and fun~ional design
of the building and site shall maintain a high standard of architectural and aesthetic
compatibility with surrounding residential uses so as not to cause a blighting influence.
All sides of the .principal and accessory structures are to have essentially the same or
coordinated, harmonious exterior finish materials and treatment.
11-70-15: LOT. REQUIREMENTS AND SETBACKS:. The following minimum
requirements shall be observed in an O-R District subject to .additional requirements,
exceptions and modifications set forth in this Title:
Lot Area -Comer 24,000 square feet
Lot Area -Interior 20,000 square feet
Lot. Width -Corner 120 feet
Lot Width- Interior 100 feet
Setbacks -Front Yards 30 feet
Setbacks -Rear Yards 30 feet
Setbacks -Side Yards 15 feet on each side,. or 30
feet on the side yard abutting
a public right-of-way
70-4
CHAPTER 71
C-1, RETAIL COMMERCIAL DISTRICT
SECTION:
11-71-1: Purpose.
11-71-3: Permitted Uses
11-71-5: Permitted Accessory Uses
11-71-7: Conditional Uses.
11-71-9: Interim Uses '
11-71-11: Uses by Administrative Permit
11-71-13: Lot Requirements and Setbacks
11-71-1: PURPOSE: The purpose of the C-1, Retail Commercial District is to
provide for low intensity, retail or service outlets which deal. directly with the customer for
whom the goods or services are furnished. The uses allowed in this District are to provide
goods and services on a limited community market scale and located in areas which are
well served by collector or arterial street facilities at the edge of residential districts.
11-71-3: PERMITTED USES: In addition to other uses specifically identified.
elsewhere in this Title, the following are permitted uses in a C-1 District:
A, Bakery goods and baking of goods for retail sales on the premises.
B. Bank, savings. and- loan, savings credit unions and other financial. institutions.
C. Barber shops..
D. Beauty parlors.
E. Bicycle sales and repair.
F. Camera and photographic supplies.
G. Candy, ice cream,. popcorn, nuts, frozen desserts, and soft drink sales.
H. Convenience. grocery markets (not supermarket type ..and without motor fuel '
facilities and delicatessen food service)..
L Copy services but not including printing press or newspaper.
J. Delicatessen.
K. Drugstore.
L. Dry. cleaning pick up and laundry. pick up stations including incidental repair and
assembly but. not including processing.
M. Florist shop.
N. Frozen food store, but noteincluding a lockerplant.
O. Funeral homes and mortuaries.
P. Gift or novelty store.
Q. Hardware.
R. Hobby store.
71-1
S. Laundromats, self-service washing. and drying.
T. Locksmiths.
U: Meat market, .but not including processing for a locker plant. .
V. Offices, general and clinical
W. On-site service businesses.
X. Paint and wallpaper sales.
Y. Plumbing, television, radio, electrical sales and including accessory repair.
Z. Prepared food: delivery and/or take out only.
AA. Public garages and parking lots.
BB. Public utility collection offices.
CC. - Video rental.
11-71-5: PERMITTED ACCESSORY USES: In addition to other uses specifically
identified elsewhere in this Title, .the following are permitted accessory uses in a C-1
District:
A. Commercial or business buildings and structures for a use accessory to the
principal use but such use shall not exceed thirtypercent (30%) of the gross floor
space of the principal use.
B. Fences as regulated by Chapter 21 of this Title..
C. Kee in of animals as re ulated b Cha ter 35 of this Title.
p 9 9 Y p
D. Off-street loading as regulated by Chapter 20 of this Title.
E. Off-street parking as regulated by Chapter 19 of this Title, but not .including semi-
trailer trucks, except in designated loading areas not to exceed four (4) hours.
F. Secondary. or accessory use antennas or satellites as regulated by Chapter 30 of
this Title.
G. Sexually oriented uses-accessory.
H. Signs as regulated by Chapter 23 of this Title.
11-71-7: CONDITIONAL USES: In addition to other uses specifically identified
elseware-in this Title, the following are conditional uses in an C-1 District and require a
conditional-use permit based upon procedures set forth in and regulated by Chapter 4 of
this.Title. Additionally, besides the specific standards and criteria which may be cited
below for respective. conditional uses, each request for a conditional use permit shallbe
evaluated based upon the standards and criteria set forth in Section 11-4-3. E and 11-4-7 .
of this Title.
71-2
A. Commercial car washes (automatic mechanical drive through only) as accessory
use associated with convenience store/motor fuel sales, provided:...
1. The accessory car wash must be attached to the convenience store/motor
-fuel. sales facility.
2. Magazine or stacking space is'constructed to accommodate six (6) vehicles
per wash stall .and shall be subject to the approval of the City~Engineer.
3. Magazine or stacking space must not interfere with on-site circulation
. patterns or required on-site parking or loading 'areas.
4. Parking or car magazine storage space shall be screened from. view of
abutting residential districts. in compliance with 11-21-9 of this Title.
5. Provisions are made to control and reduce noise and special precautions
shall be taken to limit the. effects of noise associated with the car wash
operation, dryer and. vacuum. machines. The car/truck wash doors must
remain closed during the entire operation cycle of the car/truck wash and
dryer.
6. The location and operation of vacuum machines must not interfere with
magazines or stacking areas on-site circulation or on-site parking and
loading areas, and may not be located in a yard abutting residentially zoned
property.
7. Untreated water from the car wash shall not be discharged into the storm
sewer. if the water is to be pre-treated and discharged into the storm sewer,
the pre-treatment plans shall be subject to review and approval of the City.
Engineer and Building Official, and subject to applicable requirements of
Metropolitan Council Environmental Services. and MPCA.
B. Community pre-school, latch-key. and adult education facilities provided that:
4. Licensing: The employees and facility are licensed by the State Department
of Human Services and comply with the minimum requirements of the
.Department of Welfare.
2. Ages: The ages of the children attending the pre-school range from three (3)
years to twelve (12) years.
3. Hours: The hours of operation coincide with those of the commercial retail
stores in the area or complex.
71-3
4. Attendance: The attendance of children in the latch-key and pre-school
program is on a Fong-term scheduled enrollment program instead of on a
temporary, sporadic basis
5. ~ Lot Requirements And Setbacks: The proposed site for a community pre-
school, latch-key and adult education facility must have a minimum lot area
as determined by the Minnesota Department of Welfare. The City Council
may increase the required lof area in those cases where such an increase
is considered necessary to ensure compatibility of activities. and maintain
public health, safety and general welfare. The community pre-school, latch-
key and adult .education- facility mush meet the minimum setback
requirements of the respective zoning district.
6. Sewer And Water: All community pre-school, latch-key and adult education
facilities shall have access to Municipal sewer and water or have adequate
private sewer and water to protect the health and safety of all persons who
occupy the facility.
7. Screening: Where the community pre-school, latch-key and adult education
facility is in or abuts any residential use or zoned property, the community
pre-school, latch-key .and adult education facility shall .provide screening
:along the shared .boundary of the two (2) .uses. All-of the required fencing
and screening shall :comply with the fencing and screening requirements in
Sections 11-21-5 and 11-21-9 of this Title.
8. Parking:
a. When a community pre-school, latch-key and adult education facility
is a use within a structure containing another. principal use, each use
shall be calculated separately for determining the total off-streefi
parking spaces. required.
b. There shall be adequate short-term parking or drop off area provided
within close proximity to the main entrance. Short-term or drop off.
parking shall. accommodate three (3) car .spaces and shall be
designated as temporary in nature. The short-term parking or`drop off
.area shall not conflict with off-street parking. access and shall not
conflict with pedestrian movement.
c. Parking and loading areas shall be separate from any outdoor play
area.
9. Community Pre-School,. Latch-Key And Adult Education Building/Space: The
building plans for the construction or alteration of a structure that shall be
used as a community pre-school, latch-key and adult :education facility shall
be submitted to the City for review by the Building Official to ensure. the
71-4-
structure is in compliance with the State Fire and Building Code. The facility
shalt meet the following conditions:
a. The architectural appearance and functional plan of the. building and
site shall not_be so dissimilar to the existing buildings or area. as to
cause impairment of property .values or constitute a blighting
influence within a reasonable distance of the lot.
b. When the community preschool, latch-key and adult education facility
is a use within amulti-tenant building,. it shall be located in a portion
of the building separated from. the other uses located within the
structure.
c. The communitypreschool, latch-key and adult education facility shall
be adequately soundproofed to remove extraneous noise that would
interfere with the community preschool, latch-key and adult education
operation. and would. affect the health, safety and welfare of the
communitypreschool, latch-key and adult education participants.
C. Day care facilities as a principal or accessory use provided that the: use complies
with .the provisions of Chapter 31 of this Title.
D. Essential services involving transmission pipelines and transmission or substation
lines in excess of 33KV and up to 200KV, as regulated. by Chapter 26 of this Title.
E. .Motor vehicle fuel sales with or without convenience grocery and/or prepared food
as regulated by Chapter 37 of this Title.
F. Personal wireless service antennas not located on an existing structure oi- tower,
as regulated by Chapter 30 of this Title.
G. Properties with more than one (1) principal structure provided that:
1, A property owners association is established for operation and maintenance
of the buildings and property. Said agreement shall be subject to the review
and. acceptability of the City Attorney;
H. Veterinary clinics provided that:
1. All areas in which animals are confined are located indoors and are. properly
soundproofed from adjacent properties.
2. Animal carcasses are properly disposed of in a manner not utilizing on-site
garbage facilities or incineration and the carcasses are properly refrigerated.
during periods prior #o disposal.
71-5
3. An animal kennel is permitted as a use accessory to the veterinary clinic
provided that:
a. The number of animals boarded shall not exceed twenty (20).
b. An indoor exercise area. shall be provided to accommodate the
periodic exercising of animals boarded at the kennel. No outdoor
exercising of animals shall- be permitted.
c. A ventilation system shall be designed so that no odors or organisms
will spread between wards or to the outside. air and will be capable of
completely exchanging internal air at a rate of at least twice per hour.
Air. temperature must be maintained. between sixty and seventy five
degrees (60°-75°) Fahrenheit.
d. A room separate from the kennel area. shall be provided of sufficient
size to adequately separate animals that are sick or 'injured from
healthy animals.
e. Indoor animal kennel floors and walls shall be made of nonporous
materials or sealed concrete to make it nonporous.
f. Animal wastes shall be flushed down an existing sanitary sewer
system or enclosed in a container of sufficient construction to
eliminate odors and organisms and shalt be properly disposed of at
least once a day.
g. The :appropriate. license is obtained from the City Clerk .:and the
conditions of Section 5-1-12 of the City Code are met,
h. All State Health Department and Minnesota Pollution Control Agency
requirements for such facilities :are meta
11-71=9: INTERIM USES: In addition to other uses specifically identified elsewhere
in this Title, and subject to applicable provisions of this Title, the following are interim uses
in the C-1 District and are governedby Section 11-5-3 of this Title:
A. WECS, as regulated by Chapter 29 of #his Title.
11-71-11: USES BY ADMINISTRATIVE PERMIT:. In addition to other uses specifically
identified elsewhere in this Title, and subject to applicable provisions. of this Section,
performance standards established. by this Chapter, .and processing. requirements of
Chapter 8 of this Title, the following are uses allowed in a C-1 District by administrative'
permit as maybe issued by the Zoning Administrator:
71-6
A. Essential services, except transmission pipelines and transmission or substation
lines in excess of 33KV and up to 200KV, as regulated by Chapter 26 of this Title.
B. Open or outdoor sales, rental or display as an accessory use in association with an
allowed principal use provided that:
1. The .area so occupied. shall not exceed ten (10) percent of the principal
building. .
2. No storage or display of merchandise shall be permitted in required rear,
side or front yards and shall be limited to the area of the customer entrances.
3. The outdoorsales, rental or display area shall be included in the calculations
for parking spaces required for the use and shalt not occupy space required
for parking as stipulated by Chapter 19 of this Title, except as may be
exempted for cause by the Zoning Administrator.
C. Other uses of the same general character as those listed as a permitted use in this
district.
D. .Personal wireless service antennas located upon an existing. structure or tower or
temporary mobile tower as regulated by Chapter 30 of this Title.
E. Tem ora ,outdoor romotional events and sales rovided that:...
p ry p p
1. Promotional Events.
a. _Such .activity is directed towards the general public and includes
.grand openings, carnivals, craft shows, flea markets, mechanical and
animal rides and displays of materials that are typically not sold or
serviced on the site.
b. .The event shall not exceed the period specified in the administrative
permit. In no case shall the .event exceed three (3) consecutive
calendar days per event; two (2) of which shall be a Saturday and a
Sunday.
c. There shall be no more than two (2) promotional events per calendar
year per .property..
d. A certificate of insurance shall be provided.
2. .Outdoor Sales (except Christmas trees).
a. Such activity is directed towards the. general public and includes
warehouse sales, sidewalk sales, inventory reduction or_liquidation
71-7
sales,. distressed :merchandise sales, seasonal merchandise sales
(except .Christmas trees), and licensed transient merchant and
transient produce merchant sates.
b. The following specific standards shall apply to all. proposed temporary
outdoor sales activities allowed by this paragraph: and by City Code
business licensing provisions in addition to other applicable building
and safety code requirements as determined by the. Zoning
Administrator.
(1) The maximum total time for temporary outdoor sales activities
shall be the' period specified in the administrative permit and,
in no case, shall exceed sixty (60) days per calendar year'per
property.
(2) There. shall be no more sales activities than those specified in
the administrative permit and, in no case, shall there be more
than ten (10) sales activities per year per property. .
(3) Sales activities may be conducted within a required yard
provided the area is paved and the activity does not interfere
with parking, traffic circulation or emergency vehicle access.
Temporary sales on unpaved landscaped areas is prohibited.
3. Outdoor Christmas Tree Sales.
a. Such activity is directed towards the general public and consists of
the outdoor sales of cut evergreen trees, boughs, wreaths. and other.
natural holiday decorations and related products.
b. The following specific standards shall apply to all proposed outdoor:
Christmas tree sales allowed by this paragraph and by City Code
business licensing provisions in addition to other applicab a building
and safety code. requirements as determined by the Zoning
Administrator.
(1) The maximum total time for sales activities shall be the period
specified in the .administrative permit and, in no case, shall
exceed forty-five. (45) days per calendar year per property.
(2) There shall be no more. than one (1) sales activity per year per
property, which shall be in addition to any promotional events
or other outdoor sales permitted on the property,
(3) Sales activities may. be .conducted within 'a required yard
provided the area is paved and the activity does not interfere
71-8
with seasonal parking demand, raffic, circulation or
emergency vehicle access.. Sales on .unpaved .landscaped
areas. is prohibited.
4. General Standards.
a. The evenf shall be clearly accessory to or promoting the permitted or
conditional use approved for the site.: Only merchandise which is
.normally manufactured, sold, or stocked by the .occupant on the
subject premises, except Christmas trees and .plant sales,. shall be
sold and/or promoted.
b. Tents, stands, and other similar temporary structures may be utilized,
provided they are clearly .identified on the submitted plan :and
provided that it is determined by the Zoning Administrator that they
will not impair the parking capacity, emergency access, or the safe
and efficient movement of pedestrian and vehicular traffic on or .off
the site.
c. The submitted plan shall clearly demonstrate that adequate off-street
parking for the proposed event can and .will be provided for the
duration of the event.. Determination of compliance with #his
requirement shall be made by the Zoning Administrator who shall
consider the nature of the event and the applicable parking
requirements of Chapter 19. Consideration shall be given to the
parking needs and requirements of other occupants in the case of
multi-tenant buildings. Parking. on public right-of-way and streets is
prohibited; except that parking on local streets may be allowed on
Saturday and Sunday only, provided that the petitioner arranges for
traffic control by authorized enforcement officers, as approved in
writing by the Chief of Police,. at the petitioner's expense.
d. signage related to .the event shall be in compliance with the
temporary sign standards of Chapter 23 and shall be allowed for the
duration of the event. Special signage for purposes of traffic direction
and control may be authorized by the Zoning Administrator; -the.
erection and removal of such. signage shall be the responsibility of the
applicant.
e. The approved permit shall be displayed on the. premises for the
:duration of the .event.
F. Temporary structures as regulated by Chapter 28 of this Title.
71-9
11-71-13: LOT REQUIREMENTS AND SETBACKS: The. following minimum
requirements shall be observed in a C-1 District subject to additional requirements,
exceptions and modifications set forth in this Title:
Lot Area 20,000 square feet
Lot Width 100 feet
Setbacks -Front Yards 30 feet
Setbacks -Rear Yards 30 feet
Setbacks -Side Yards 20 feet on any one side, or 30 feet on
the side yard abutting a street or
residential zoned property.
71-10
.CHAPTER 72
C-2, .HIGHWAY ORIENTED COMMERCIAL-DISTRICT
SECTION:
11-72-1: Purpose
11-72-3: Permitted Uses
11-72-5: Permitted Accessory Uses
11-72-7; Conditional Uses
11-72-9: Interim Uses
11-72-11: Uses by Administrative Permit
11-72-13: Lot Requirements and Setbacks
11-72-1: PURPOSE: The purpose of the C-2, Highway. Oriented Commercial .District
is to .provide for and limit the establishment of motorvehicle oriented or dependent high.
intensity commercial and service activities.
11-72-3: PERMITTED. USES:. In addition to other uses specifically identified.
elsewhere in this Title, the following are permitted uses iri a C-2 District:
A. Auto accesso store.
ry
B. Commercial recreation, indoor.
C. Governmental and public utility buildings and structures.
D. Motels, motor hotels and hotels provided that the lot area contains not less than five
hundred (500) square feet of lot area per unit.
E. Motor. vehicle and recreation equipment sales and structures accessory thereto
(excluding those involving. outdoor display).
F. Private clubs or lodges serving food and beverages, on and off-sale liquor.
G. Restaurants,. cafes, on- and off=sale liquor.
H. Sexually oriented uses, principal.
11-72-5: PERMITTED ACCESSORY USES: In addition to other uses specifically
identified elsewhere in this Title, .the following are permitted accessory .uses in a C-2
District:
A. All permitted accessory uses as allowed within the C-1 Zoning District.
11-72-7: CONDITIONAL USES:. In addition to other uses specifically identified
elseware in this Title, the following are conditional uses in a C-2 District. and require a
conditional use permit based upon procedures set forth in and regulated by Chapter 4 of
.this Title. Additionally, besides the specific standards and criteria which may be cited
below for respective conditional uses, each request for a conditional use permit shall be
72-1
evaluated based upon the standards and criteria set forth iri Section 11-4-3. E and 11-4-7
of this Title.
A. All conditional uses as allowed within the C-1 Zoning-District except:
1. Veterinary clinics.
B. Accessory, enclosed retail, rental or service activity other than that allowed. as a
permitted use or conditional use within this Chapter, provided that:
1. The use is allowed as a permitted use in a C-1 District.
2. The use is limited to not more than thirty (30) percent of the gross floor area
of the principal building.
C. Automobile repair, major provided that:
1. All building materials and construction including .those of accessory
structures must be in conformance with Section 11-17-9 of this Title.
2. Not less than twenty five (25) percent of the lot, parcel or tract of land shall
remain as landscaped green area according to the approved landscape
plan.
3. The entire area other than occupied by buildings or structures or planting
shall be surfaced with bituminous or concrete which will. control dust and
drainage. The entire area shall have a perimeter curb barrier, a storm water.
drainage system and is subject to the approval of the City Engineer.
4. The following minimum requirements shall apply:
Lot Area: 1 acre
Lot Width: 100 feet
Setbacks:
Front Yards:. 30 feet
Rear Yards: 30 feet
Side Yards: 20 feet on anyone side,
or 30 feet on the side yard
abutting the major street or residentially
zoned property
5. The hours of operation shall be between seven o'clock (7:00) A.M. and six
o'clock (6:00) P.M. Evening hours of operation shall be subject to the
approval of the City Council
72-2
6. All painting must be conducted in an approved paint booth. All paint booths
and all. other activities of the operation shall thoroughly control the emission
of fumes, dust or other particulated matter so that the use shall. be in
.:compliance with the .State of Minnesota Pollution Control Standards,.
.Minnesota Regulation APC 1-15, as amended.
7. The emission of odor by a use sha l be in compliance with and regulated by
the State of Minnesota Pollution Control Standards, Minnesota Regulation
APC, as amended.
8. All flammable materials, including liquids and rags, shall conform with the
applicable provisions of the Minnesota Uniform Fire Code.
9. All outside storage is prohibited. The storage of damaged vehicles, vehicles...
being repaired and vehicle .parts .and accessory .equipment must be
completely inside a principal or accessory. building.
10. All conditions pertaining to a specific site are subject to change when the
Council, upon investigation in relation to a formal. request,: finds that the
general welfare and public betterment can be served by modifying the
conditions
D. Auto repair (minor) and tire and battery stores and service, provided that:
1. The entire site other than that taken up by a building, structure or plantings
shall be surfaced with a material to control dust and drainage which.. is
subject to the approval of the City Engineer.
2. A minimum lot area of twenty thousand (20,000) square feet and minimum
lot width of one hundred fifty (150) feet.
3. A curb not .less than six (6) inches above grade shall separate the public
sidewalk from motor vehicle service areas.
4. Parking or .car magazine storage space shall be screened from view of
abutting residential districts in compliance with Section 11-21-9 of this Title.
5. No outside storage except as allowed in compliance with Section 11-72-7.1
of this Title.
• 6. Sale of products other than those .specifically mentioned in this Section be
.subject to a conditional use permit"and be .incompliance with subsection B
of this Section.
72-3
7. All conditions pertaining to a specific site are subject to change when the
Council, upon investigation in relation to a formal request, finds that the
general welfare and public betterment can be served as well or better by
modifying the conditions.
E. Commercial. car washes (drive through, mechanical and self-service) provided that:
1. The accessory car wash musfi be attached to the convenience store/motor
fuel sales facility.
2. Magazine or stacking space is constructed to accommodate six (6) vehicles
per wash stab and shall be subject to the approval of the City Engineer.
3. Magazine or stacking. space mus# not interfere with on-site circulation
patterns or required on-site parking or loading areas.
4. Parking or car magazine storage space shall be screened from view. of
abutting residential districts in compliance with 11-21-9 of this Title.
5. Provisions are made. to .control and reduce noise and special precautions
shall be taken to limit the effects of noise associated .with the .car wash
operation, dryer and vacuum.. machines. The car/truck wash doors must
remain closed during the entire operation cycle of the car/truck wash and
dryer.
6. The location and operation of vacuum machinesmust not interfere with
magazines or stacking areas on-site circulation or on-site ..parking and
loading areas, and may not be located in a yardabutting residentially zoned
..property.
7. Untreated water from the car wash shall not be discharged into the storm
sewer. If the water is to be pre-treated and discharged into the storm sewer,
the pre-treatment plans shall be subject to review and approval of the City
Engineer and Building Official, and subject to' applicable. requirements of
Metropolitan Council Environmental Services and MPCA.
F. Drive-in and convenience food establishments, provided that:
1. The hours of operation shall be limited to 5:00 AM to 11:00 PM, unless
extended by the City Council as part of the conditional use permit. \
2. Architectural Standards:
a. As a part of the conditional. use permit application, a color illustration
of all building elevations must be submitted.
72-4
b. The architectural appearance, scale, .construction materials, .and
functional plan of the building and site shall not be dissimilar to the
existing nearby commercial .and residential buildings, so as not to
constitute a blighting influence.
c. All sides of the principal and accessory structures are to have
essentially the same or a coordinated harmonious finish treatment
pursuant to Section 11-17-9 of this Title.
d. Exterior wall treatments like brick, stone (natural or artifical),
decorative concrete block and stucco shall be used.
e. Earth tone colors of exterior materials including the canopy columns
shall be required. "Earth tone colors" shall be defined as any various
soft colors like those found in nature in soil, vegetation, etc., such
colors are limited to brown, black, grey, tan, .beige, soft green,. soft
blue, or white.
f. Ten (10) percent of the building facade may .contain contrasting
colors. Contrasting colors shall be those colors not defined as earth
tones. The canopy may have contrasting color bands or accent lines
not to exceed an accumulative width of four (4) inches.. The color
bands shall not be illuminated.
3. Landscaping:
a. At least twenty-five (25) percent of the lot, parcel or tract of land shall
remain as a grass plot,. including.. trees, shrubbery, plantings or
fencing and shall be landscaped. Required minimum green area
should be emphasized in .the front and side yards abutting streets or
residential property.
b. At theboundariesof the lot, the following landscape area shall be
required:
(1) From side and rear property lines, an area of not less than five
(5) feet wide shall be landscaped in compliance with Section
11-21-9 of this Title.
(2) From all road .rights of way, an area of not less.: than fifteen
(15) feet wide shall be landscaped incompliance with Section
11-21-9 of this Title.
(3) Where lots abut residentially zoned property,. a buffer yard_of
not less #han twenty.. (20) feet wide shall be landscaped and
screened in compliance with Section 11-21-9 of this Title.
72-5
(4) The property owner shall be responsible for maintenance of all
landscaping, including within the boulevard.
4. The entire area other than occupied by buildings, structures or plantings
shall be surtaced with. asphalt, concrete, cobblestone, or paving brick to
control dust and drainage, which is subject to review and approval of the City
Engineer.
5. Exterior Lighting: The lighting shall be accomplished in such a way as to
have no direct source of light visible from adjacent land in residential use or
from the public right of way and shall be incompliance with Section 11-16-17
of this Title. ~ comprehensive lighting plan shall be submitted aspart of the
conditional use permit application, and shall be subject to thefollowing
performance standards:
a. Lighting at the periphery of the site and building shall be directed
downward, and individual lights shall not exceed fifteen (15) foot-
candles at ground level:
b. Maximum site illumination shall not exceed one foot-candle at ground
.level when measured at any boundary line .with an adjoining...
residential property or any public property,
c. Exce t for ermitted wall s~ na a the buiidin fascia shall n
p p ~g g g of be
illuminated.
6. Access: Vehicular access points shall create a minimum of conflict with
through traffic movement and .shall comply with Chapter 19 of this Title and
shall be subject to the approval of the City Engineer.
7. Drive-Through Windows: Service windows shall be allowed if the following
additional criteria are satisfied:
a. Stacking. Not less than one hundred eighty (180) feet of segregated
automobile. stacking lane must be provided for the service window.
b. Traffic Control. The stacking lane and its access must be designed
to control traffic in a manner to protect the pedestrians, buildings and
green area on the site.
c. Use of Street. No part of the public street or boulevard .may be used
for stacking of automobiles.
8. Circulation andLoading: The site design must accommodate adequate
turning radius and vertical clearance for asemi-trailer truck. Designated
.loading areas must be exclusive of off-street parking stalls and drive. aisles
72-6
and shall not cause conflicts with customer vehicles and pedestrian
movement. A site plan must be provided to illustrate adequate turning
radius, using appropriate engineering templates.
9. Pedestrian Traffic:
a. An.internal sitepedestriancirculation-system shall be defined and
appropriate provisions made to protect such areas from
encroachments by parked cars or moving vehicles. In front of the.
principal structure, the pedestrian sidewalk must be a minimum of five
(5) feet wide and clear of any obstacle or impediment.
b. A continuous and .permanent concrete curb not less than six (6)
inches above grade shall separate internal sidewalks #or. pedestrian
traffic from motor vehicle areas, pursuant to the provisions of Section
11-19-7.1 of this Title.
10. Noise: The stacking lane, order board intercom, and service window shall.
be designed and. located in such a manner as to minimize automobile and
communication noises, .emissions, .and headlight glare upon adjacent...
premises, particularly residential premises;.. and to maximize maneuverability
of vehicles on the site. Noise control shall be required as regulated in
Section 11-16-23 of this Title.
11. Signs: A comprehensive sign plan must be submitted as part of a conditional
use permit application. The freestanding sign allowed shall be a monument
sign constructed as follows:
a. 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 (15) feet:
b. The sign base and supporting material .shall be equal to at least forty
(40) percent 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
decay-resistant wood, stone, brick, or decorative masonry. and shall
..not contain any sign-copy.
c. All other signing and informational or visual communication .devices
shall be minimized and shall be in compliance with Chap#er 23 of this
Title.
72-7
42. Additional Stipulations: All conditions pertaining to a specific site are subject
to change when the Council, upon. investigatjon in .relation to a formal
request finds that the general welfare and public betterment can be served
as well or better by modifying or expanding the conditions set forth herein.
G. Motor vehicle sales, including new and used automobiles,. trucks,. motorcycles,
recreational vehicles and equipment, boats and marine sales, that involve open-and
outdoor sales and display areas larger than thirty (30) percent of the area of the
principal building provided that:
1. The outside sales areas are fenced or screened from view of neighboring
residential uses or an abutting residential district in compliance with Section
11-21-9 of this Title.
2. The architectural appearance, scale, building materials and functional plan
of the site and. building shall not be dissimilar to existing uses. and buildings
so as to cause a blighting influence.
3. The sales area is surfaced with bituminous or concrete.
4. The sales area does not take up parking space as required for conformity to
this Title.
5. Hours of operation shall be limited to 7:00 AM to 10:00 PM unless otherwise
allowed by the City Council
6: Accessory automobile repair shall require the processing. of a separate
conditional .use permit(s), subject to the conditions of Section 11-72-7. E
and/or Section 11-72-7.J of this Title, except the use shall not be subject to
subsection 11-72-7-J.2 of this Title.
H. Open or outdoor service, sale and rental as a principal or accessory use, provided
that:
1. Outside services, sales and equipment rental connected with the. principal
use is limited to thirty (30) .percent of the gross floor area of the principal
use.
2. Outside sales. areas are fenced or screened from view of neighboring
residential uses or an abutting residential district in compliance with Section
11-21-9 of this Title.
3. Sales area is grassed or surfaced to control dust.
4. :The use does not take: up parking space as required for conformity to this
Title.
72-8
L Open and outdoor storage as a principal or accessary use, provided that:
1. The storage area is fenced and screened from view of neighboring
residential uses, abutting residential districts and the public right-of-way in
compliance with Section 11 21-9 of this Title.
2. The storage area is grassed or surfaced to control dust.
3. The storage area does not take up parking space as required for conformity
to Chapter 19 of this Title..
4. The storage does not include any waste, except as provided _in Section
11-18-11 of this. Title.
11-72-9: INTERIM USES: In addition. to other uses specifically identified elsewhere
in this Title, and subject to applicable provisions of this Title, the following .are. interim uses.
in the C-2 District and are. governed by Chapter 5 of this Title:
A. All interim .uses as allowed within the C-1 Zoning District. `
11-72-11: USES BY ADMINISTRATIVE PERMIT: In addition to other uses specifically
identified elsewhere in this Title, .and subJect to applicable provisions of this Section,
performance standards established by this Chapter, and processing requirements of
Chapter 8 of this Title, the following are uses allowed in a C-2 District by administrative
permit as may ~be issued by the Zoning. Administrator:
A. All .uses by administrative permit as allowed within the C-1 Zoning District.
11-72-13: LOT .REQUIREMENTS AND SETBACKS: The following minimum
requirements shat be observed in a C-2 District subject to additional .requirements,
exceptions and modifications set forth in this Title:
Lot Area 20,000 square feet
Lot Width. 100 feet
Setbacks -Front Yards 30 feet
Setbacks -Rear Yards 30 feet
Setbacks -Side Yards 20 feet on any one side, or 30 feet on
the side yard. abutting a-street or
residential zoned property.
72-9
CHAPTER 73
C-3, GENERAL COMMERCIAL DISTRICT.
.SECTION:
11-73-1: Purpose
11-73-3: Permitted Uses
11-73-5: Permitted Accessory Uses
11-73-7: Conditional Uses
11-73-9: Interim Uses
11-73-11: Uses by Administrative Permit
11-73-13: Lot Requirements and Setbacks
11-73-1: PURPOSE: The purpose of the C-3, General Commercial.. District is to
provide for the establishment ofcommercial and service activities which draw from. and
serve customers from the entire community or region.
11-73-3: PERMITTED USES: In addition. to other. uses specifically identified
elsewhere in this Title, the following are permitted uses in a C-3 District:
A. All permitted uses as allowed within the C-1 and C-2 Zoning District.
B. Antique or gift shop.
C. Body piercing establishments.
D. Books, office supplies or stationery stores.
E. Carpet; rugs and tile.
F. Clothing stores, retail and rental
G. Coin and philatelic stores.
H. Commercial recreation.
I. Dry goods store.
J. Electrical appliance stores including incidental repair and assembly but not
fabricating or manufacturing.
K. Furniture' stores.
L. Garden supply stores.
M. Jewelry. stores.
N. Off-site service businesses.
O. On-site service businesses.
P. Pawn shops.
Q. Prepared food: delivery and/or take out only.
R. Retail stores.
S. Tattoo parlors.
T. Theaters, not of the outdoor drive-in type.
U. Travel bureaus, transportation ticket. offices.
73-1
11-73-5: PERMITTED ACCESSORY USES: In addition to other uses s ecificall
p Y
identified elsewhere in this Title, the following are permitted accessory uses in a C-3
District:
A. All permitted accessory uses as allowed within the C-Z Zoning District.
11-73-7: CONDITIONAL USES: In addition to other uses specifically ..identified
elseware in this Title,. the following are conditional uses in a C-3 District and require a
conditional use permit based upon. procedures set forth in and regulated by Chapter 4 of
this Title. Additionally, besides. the specific standards and criteria which may be cited
below for respective conditional uses, each request for a conditional use permit shall be
.evaluated based upon the standards and criteria set forth in Section 11-4-3. E and 11-4-7
of this Title.
A. All conditional uses as allowed within the C-1 and. C-2 Zoning Districts except:
1. Motor .vehicle sales, including new .and -used automobiles, trucks,
motorcycles, recreational vehicles and equipment, boats and. marine sales,
that involve open and outdoor sales and display area greater than thirty (30)
percent of the area of .the principal building.
B. Bottled as sales outside of activities ~ c ed with mot
g m lud or fuel sales m Chapter 37
of this Title, provided that:
1. Retail sales activities connected with the principal use must constitute at
least fifty (50) .percent of the gross floor area of the principal use.
2. All flammable materials, including liquids and rags, .shall .conform with the
applicable provisions of the Minnesota .Uniform. Fire Code. In addition, the
conditional use permit shall be reviewed and subject to conditions. set forth
by the City Fire Marshal
3. All outside storage. is prohibited. The storage of all accessory equipment.
related to the storage and sale of flammable fuels must be completely inside
a principal or accessory building.
C. Pet shops which may include pet grooming, pet supplies, and/or pet accessories,
provided that:
1. All areas in which animals are confined are located indoors and are. properly
soundproofed from adjacent properties or tenants. in the case of multiple
occupancy buildings. .
73-2
2. Animal wastes are disposed at least once each day-via an existing sanitary
sewer system or enclosed in a container of sufficient construction at least
once a day to minimize odors.
3. The floors and walls of pet grooming areas are made of nonporous materials
or sealed concrete to make them nonporous.
4. All applicable requirements of the City Code regarding the keeping and care
of animals are satisfactorily met.
5. No commercial boarding or kenneling of,animals shallbe allowed.
6. The breeding of catsand dogs is prohibited unless expresslyallowed by the
conditional.. use permit.
7. All applicable provisions of Minnesota Statutes sections 346.35 through
346.58 regarding the commercial keeping. and care of animals are
:satisfactorily met.
8. All animals to be sold are acquired from a licensed animal broker.
11-73-9: INTERIM USES: In addition to .other uses specifically identified elsewhere
in this Title, and subject to applicable provisions of this Title, the following are interim uses
in the C-3 District and are governed by Chapter 5 of this Title:
A. All interim uses as allowed within the C-2 Zoning District.
11-73-11: USES. BY ADMINISTRATIVE PERMIT: 1n addition to other uses specifically
identified elsewhere in this Title, and subject to applicable provisions of this. Section,
performance .standards established by this Chapter, and processing requirements of
Chapter 8 of this Title, the following are uses allowed in a C-3 District by administrative
permit as may. be issued by the Zoning Administrator:
A. Alt uses by administrative permit. as allowed within the C-2 Zoning District.
11-73-13: .LOT REQUIREMENTS AND SETBACKS: The following minimum
requirements shall be observed in a C-3 District ..subject to additional requirements;
exceptions and modifications set forth in this Title:
73-3
Lot Area 20,000 square feef
Lot Width 100 feet
Setbacks Front yard: 30 feet
Side yard: 10 or 30 feet on the side
.yard abutting a public right-of--way
Rear-yard: 10 feet or 30 feet abutting
residential zoned property
73-4
CHAPTER 74
CC, CORPORATE CAMPUS COMMERCIAL DISTRICT
SECTION:
11-74-1: Purpose
11-74-3: .Permitted Uses
11-74-5: Permitted Accessory Uses
11-74-7: Conditional Uses
11-74-9: Interim Uses
11-74-11: Uses by Administrative Permit.
11-74-13: Design and Performance Standards
14-74-1: PURPOSE: The. purpose of the CC, Corporate Campus District is to provide
for the establishment of business offices, wholesale showrooms, and related uses in an
environment which provides a high level of amenities, including landscaping, preservation
of natural features, architectural controls, pedestrian trails, and other features.
11-74-3: PERMITTED USES: In addition to other uses specifically identified.
elsewhere in this Title, the following uses are permitted uses in a CC District:
A. Commercial printing establishments.
B. Commercial/professional offices.
C. Conference centers.
D. -Governmental and public utility buildings and structures.
E. Indoor commercial recreation and outdoor civic events.
F. Laboratories.
G. Radio and television stations.
H. Wholesale showrooms.
11-74-5: PERMITTED ACCESSORY USES: In addition to otheruses..specifically
.identified elsewhere in this Title, the following are permitted accessory uses in the CC
District:
A. All permitted accessory uses as allowed within the C-3 Zoning District.
11-74-7: CONDITIONAL USES: In addition to other uses specifically identified
elseware in this Title, the following are conditional uses in-a CC_District and require a
conditional use permit based upon procedures set-forth in and regulated by Chapter 4 of
this Title. Additionally,..besides. the specific standards andcriteria which may be cited
.below for respective conditional uses, each request for a conditional use permit shall be
74-1
evaluated based upon the standards and criteria set forth in Section 11-4-3. E and 11-4-7
of this Title.. .
A. Essential services involving transmission pipelines and transmission or substation
lines in excess of 331N and up to 200KV, as regulated by Chapter 26 of this Title.
B. Indoor limited retail sales and service .accessory. to office/manufacturing uses,
provided that:
1. Location;
a. All sales are conducted in a clearly defined area of the principal
building reserved exclusively for retail sales. Said sales area must be
.physically segregated from other principal activities in the building.
' b. The retail sales area must be located on the ground floor of the
principal. building.
2. Sales Area: The retail sales and service activity shall not occupy more than
fifteen (15) percent of the gross floor area of the building.
3. Access: The building where such use is located has access without the
necessity of using residential streets.
4. Hours: Hours of operation are limited to six. o'clock (6:00) A.M. to ten o'clock
(10:.00) P.M.
C. Daycare as a principal or accessory use, provided that the use complies with the
provisions. of Chapter 31 of this Title.
D. Manufacturing, compounding, assembly, packaging, treatment or storage of
products and materials, provided that:
1. The proposed .use complies with the performance standards outlined in
.Section 11-74-13 of this Chapter.
2. The proposed use is not a waste facility.
E. Personal wireless service antennas not located on an existing. structure or tower as`
regulated by Chapter 30 of this Title.
F. Properties containing more than one (1) principal building-provided that:
1.. A property owners association is established for operation and maintenance
of the buildings and property. Said agreement shall be subject to the review
and acceptability of the City Attorney.
74-2
G. Warehousing/storage, provided that:
1. The proposed use complies with the. performance standards. outlined _in
Section 11-74-13 of this Chapter.
2. The proposed use is not a waste facility.
11-74-9: INTERIM USES:. In addition to other uses specifically identified el ewhere
in this Title, and subject to applicable provisions of this Title, the following are interim uses.
in the CC District and are governed by Chapter 5 of this Title:
A. Accessory, enclosed temporary (exceeding thirty (30) days) retail, rental, or service.
activity other than that allowed as a permitted use or conditional use within this
Section, provided that:
1. Such use is allowed as a permitted use in a commercial district.
2. Such use does not constitute more than twenty five percent (25%) of the
gross floor area of the principal building.
B. Temporary commercial structures, as regulated by Chapter 28 of this Title.
C. WE as re ula e
CS, g t d by Chapter 28 of this Title.
11-74-11: USES BY ADMINISTRATIVE PERMIT: In addition to other uses specifically
identified elsewhere in this Title, and. subject to applicable provisions of this Section,
performance standards established by this Chapter, and processing requirements of
Chapter 8 of this Title, the following are uses allowed in a CC District by administrative
permit as may be issued by the Zoning Administrator:
A. Personal wireless service antennas located upon an existing structure or tower or
temporary mobile tower as regulated by Chapter 30 of this Title.
B. Essential services, except transmission pipeline and transmission or substation
lines in excess of 331N and up to 200KV, as regulated by Chapter 26 of this Title.
C. Other uses of the same general character as those listed as a permitted use in this
district.
D. Temporary, outdoor promotional events, not including sales, provided that:
1. Promotional Events.
74-3
a. Such activity is directed towards the general public and includes.
grand openings, carnivals, craft shows, flea markets, .mechanical and
animal rides and displays of materials thatare typically not sold or
serviced on the site..
b. The event shall not exceed the period specified in the administrative
permit and in no case shall`the event exceed three (3) consecutive
:calendar days per event; .two (2) of the days shall be a Saturday and
a Sunday.
c. There shall be no more-than two (2) promotional events per calendar
year per property.
d. A certificate of insurance shall be provided.
2. General Standards.
a. The event shall be clearly accessory to or promoting the permitted or
- conditional use approved for the site. Only merchandise which is
normally manufactured, .sold, or stocked by the occupant on the
subject .premises shall be promoted..
b. Tents, stands, and other similar temporary structures may be utilized,
provided. they are clearly identified. on the submitted plan and
.provided that it is determined by the Zoning Administrator that they
will not impair the parking capacity, emergency access,. or the safe
and efficient movement of pedestrian and vehicular traffic on or off
the site.
c. The submitted plan. shall clearly demonstrate that adequate off-street
parking: for the proposed event can and will be provided for the.
duration of the event.` Determination of compliance with this
requirement shall be made by the Zoning Administrator who shall
consider the nature of the event and the applicable. parking.
requirements of Chapter 19. Consideration shall be-given to the
parking .needs and requirements of other occupants in the case of
multi-tenant buildings. Parking on public right-of-way and streets is
prohibited; except that parking on local streets may be allowed on
Saturday and Sunday only, provided that the petitioner arranges for
traffic control by authorized enforcement officers, as approved in
writing by the Chief of Police, at the petitioner's expense.
d. Signage related to the event shall be in compliance with the
temporary sign standards of Chapter 23_and shall be allowed for-the
duration of the event. Special signage for purposes of traffic direction:
and control may be authorized by the .Zoning Administrator; the
74-4
erection and removal of such signage shall be the responsibility of the
applicant.
e. The approved permit shall be displayed on .the premises for the
duration of the event.
E. Temporary structures as regulated by Chapter 28 of #his Title.
11-74-13: DESIGN AND PERFORMANCE STANDARDS: The following. minimum
requirements shall be observed in the CC District subject to additional .requirements,
exceptions: and modifications set forth in this Title:
A. .Site Plan Requirements: In addition to the requirements as specified in Chapter
9 of this Title, the following information shall be provided unless an exception is
granted by the Zoning Administrator...
1. Detailed description of maintenance procedures and grounds. supervision.
2. Detailed phasing plan showing future additions, if area will be .developed a
portion at a time.
B. Lot Requirements And Setbacks:
Lot area: 30,000 square feet
Lot coverage:.. 30 percent of the lot, parcel or tract of land shall remain
as a -grass plot including ..shrubbery, plantings, or
fencing-and shall be landscaped.
Lot setback requirements:
Front yards: 50 feet
Rear yards., 30 feet or 40 feet abutting a residential zoning district.
..Side yards: 10 feet on any one side, or 30 feet on the side yard
abutting a street. 40 feet on the side yard abutting a
residential zoning district...
Lot width: 100 feet
C. Building Height: All buildings must be in conformance with Section 11-17-7 of this
Title.
74-5
D. Building Type And Construction:. All building materials and construction must be in
conformance with Section 11-17-9 of this Title.
E. Parking:
1. The parking area shall be set back a minimum of ten (10}. feet from- any
property line.
2. The parking lot in front of the building shall be screened from the street and
from .adjoining .property in conformance with the provisions of Sections
11-21-5 and 11-21-9 of this Title.
F. Loading: Any structure. erected or altered for a use which requires the receipt or
distribution of materials or merchandise by trucks or similar vehicles, .shall provide
off-street loading space in conformance with.the .provisions. of Chapter 20 ofthis
Title and the following additional requirements:
1. A detailed off-street loading plan including berths, area, and access shall be
.submitted to the Zoning Administrator for review and approval prior to
issuance of a building permit.
2. The location of the loading area shall not be in the front of he building.'
3. All areas intended to be used for loadin includin access shall be surfaced
9 9
with bituminous or concrete.
G. Waste And Recycling Receptacles: All. waste. and recycling receptacles shall be
stored within the principal structure or within an accessory enclosure area, totally
screened from eye level view. Screening shall be at least six (6) feet in height and
provide a minimum opacity of eighty (80) percent. All enclosures and receptacles
shall be kept in a good state of repair and waste receptacles shall include secure
lids or covers to properly contain the waste. All waste and recycling receptacles not
contained within principal structures shall be enclosed in conformance with the
following:
1.' Exterior wall treatment shall be similar and/or complement the principal
building..
2: The enclosure. shall be located in the rear or side yard and .comply with
setback requirements.
3. The enclosure must be accessible to waste and recycling collection vehicles.
H. Landscaping:. A detailed landscaping plan in conformance with Chapter 21 of this
Title shall be submitted to the Zoning Administrator and approved before a building
permit may be obtained.
74-6
L Usable Open Space: Every effort shall be made to preserve natural ponding areas
and features of the land to create. passive open spaces.
J. Outdoor. Storage: Open and outdoor storage is a permitted accessory,use under the
following conditions:
1. The storage area is in compliance with Chapter 22 of this Title.
2. The area is fully fenced, screened. and landscaped from adjacent properties
according. to a plan approved by the Zoning Administrator and a landscape.
security as determined by the Zoning Administrator is provided..
3. Storagearea shall be limited to a maximum of twenty (20) percent of the
gross lot area.
4. Storage area shall be in the rear yard-only and set back thirty (30) feetfrom
all property lines.
5. The storage area is surfaced with bituminous to control dust.
6. The storage does not include any waste, except as provided in Section
11-16-29 of this Title:
K. Signage: A comprehensive sign plan must be submitted in conformance. with:
Chapter 23 of this Title.
74-7
CHAPTER 75
C-CBD, CENTRAL BUSINESS DISTRICT AREA-COMMERCIAL DISTRICT
SECTION:
11-75-1: Purpose
11-75-3: Permitted Uses
11-75-5: Permitted Accessory Uses.
11-75-7: Conditional Uses
11-75-9: Interim Uses
11-75-11: Uses by Administrative;Permit
11-75-13: -Design Standards
11-75-15: Lot Requirements and Setbacks
11-75-1: PURPOSE: The purpose of the CBD-C, Central Business District Area-
Commercial District is to provide specifically for the regulation of .high intensity commercial
uses located within the Central Business District.
11-75-3: PERMITTED USES: In addition to other. uses specifically identified
elsewhere in this Title, the following are permitted uses in a CBD-C District:
A. All permitted uses as allowed within the C-3 Zoning District.
11-75-5: PERMITTED ACCESSORY, USES: In addition to other uses specifically
identified elsewhere in this Title, the following are permitted accessory uses in a C-CBD
District:
A. All permitted accessory uses as allowed within the C-3 .Zoning District.
B. .Performing. arts centers.
11-75-7: CONDITIONAL USES: In addition to other uses specifically identified
elseware in this Title, the following are conditional uses in a C-CBD District and require
a conditional use permit based upon procedures set forth in and regulated by Chapter 4
of this Title. Additionally, besides the specific standards and criteria which'may be cited
below for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the standards and criteria sefi forth in Section 11-4-3. E and 11-4-7
of this Titfe.
A. All conditional uses as allowed within the C-3 Zoning District.
75-1
B. Mixed Uses: Buildings combining residential and non-residential uses allowed in
this district, provided that:
1. The residential and non-residential uses shall not conflict in any manner.
2. The residential building standards as outlined in the RH-2 District are met.
C. Veterinary clinics, provided that;
1. All areas in which animals are confined are located indoors and are properly
.soundproofed from adjacent properties.
2. Animal carcasses are properly disposed of in a manner not utilizing on-site
garbage facilities or incineration and the carcasses are properly refrigerated
during periods prior to disposal
3. An animal kennel is permitted as a .use accessory to the veterinary clinic,
provided that:.
a. The number of animals boarded shall not exceed twenty {20).
b. An indoor exercise area shall be provided to accommodate the
periodic exercising of animals .boarded at the kennel. No outdoor
exercising of animals shall be permitted.
c. A ventilation system shall be designed so that no odors or organisms
will spread between wards or to the outside air and will be capable of
completely exchanging internal air at a rate of at least twice per hour.
Air temperature must be maintained between sixty and seventy-five
degrees Fahrenheit (60°-75°F).
d. A room separate from the kennel area shall be provided of sufficient
size to adequately separate animals that are sick or injured from
healthy animals.
e. Indoor animal kennel floors and walls shall be made of nonporous
.materials or sealed concrete to make it nonporous.
f. Animal: wastes shall be flushed down an existing. sanitary sewer
system or enclosed in a container of sufficient construction to
eliminate odors and organisms and shall be properly disposed. of at
least once a day.
g. The .appropriate license is obtained from the City.Clerk and the
conditions of Section 5-1-12 of the City Code are met.
75-2
h. All State Health Department and Minnesota Pollution Control Agency
requirements for such facilities are met.
11-75-9: INTERIM USES: In addition to other uses specifically identified elsewhere.
in this Title, and subject to applicable provisions of this Title, the following are interim uses
in the C-CBD District and are governed by Chapter 5 of this Title:
A. All interim uses as allowed within the C-3 Zoning District.
11-75-11: USES. BY ADMINISTRATIVE PERMIT: In addition to other uses specifically
identified elsewhere in this Title, and subject to applicable. provisions of this Section,
performance standards established. by this Chapter, and processing requirements of
Chapter 8 of this Title, the following are uses allowed in a C-CBD District by administrative
permitas may be issued by the Zoning Administrator:
A. .All uses by administrative permit as allowed wi#hin the C-3 Zoning District.
11-75-13: DESIGN STANDARDS: Site and building design within the C-CBD District.
shall maintain a high standard of architectural and aesthetic quality in conformance with
the Comprehensive Plan and the Historic Fairfield District of Downtown Lakeville Design
Guidelines.
11-75-15: LOT REQUIREMENTS AND SETBACKS: The. following minimum
requirements shall be observed in a C-CBD District subject to additional requirements,
exceptions and modifications set forth in this Title:
Lot Area None
Lot Width None
Setbacks 30 feet where abutting residential
zoned property
75-3
CHAPTER 76
C-W, COMMERCIAL-WAREHOUSING. DISTRICT
SECTION:
11-76-1: Purpose
11-76-3: Permitted Uses
11-76-5: Permitted Accessory Uses
11-76-7: Conditional Uses
11-76-9: Interim Uses
11-76-11: Uses by Administrative Permit
11-76-13; L_ot Requirements and Setbacks
11-76-1: PURPOSE: The purpose. of the C-W, .Commercial-Warehousing District is
to provide for the establishment of wholesale and retail trade of large volume or bulk
commercial items storage and warehousing. Thee overall character of the C-W District is
intended to be transitional in nature, thus industrial uses allowed within this District shall
be limited to those which can compatibly. exist adjacent to commercial and lower intensity
activities.
11-76-3: PERMITTED USES: In addition to .other uses specifically identified
elsewhere in this Title, the following uses.. are permitted uses in a C-W District:
A. Building materials sales.
B. Cartage artd,express facilities..
C. Governmental and public utility buildings and structures.
D. Office, general
E. Outdoor civic events conducted by nonprofit organizations, each such outdoor
event being limited to fourteen (14) days in any calendar year.
F. Radio and television stations.
G. Sexually oriented. uses,. principal
H. Trade schools.
I. Transportation terminals.
J. Warehouses.
K. Wholesale business and office establishments.
11-76-5: PERMITTED ACCESSORY USES:.... In addition to other uses specifically
identified elsewhere in this Title, the following are permitted accessory uses in a C-W
District:
A. All permitted accessory uses as allowed within the C-3 Zoning. District, except:
76-1
1. No restriction on the time of parking semi-tractor trailers associated with. the
principal .use.
11-76-7: CONDITIONAL .USES: In addition to other uses specifically identified
efseware in this Title, the following are conditional uses in a C-W District and require-a
conditional use permit based upon procedures set forth in and regulated by Chapter 4 of
this Title. Additionally, besides the specific standards and criteria which maybe cited
below for respective conditional uses, each request for a conditionaluse permit shall be
evaluated based upon the standards `and criteria set forth in Section 11-4-3. E and 11-4-7
of this Title.
A. Accessory, enclosed retail, rental or service activity other than that allowed as a
permitted use or conditiona! use within this. Title,. provided that:
1. Such use. is allowed as a permitted use in a C-1 District.
2. Such use does not constitute more than thirty (30) percent of the lot area
and not more than fifty (50) percent of the gross flQOr area of the principal
.use.
B. Commercial recreation facilities, provided that:
1. The architectural a earance and function lan of the buildin and the site
pp P 9
shall be designed with a high standard of architectural and aesthetic
compatibility-.with surrounding properties. Building .materials, orientation,
colors, height, roof design, lighting., signage and site landscaping shall be
designed to complement the surrounding industrial properties and
demonstrate potential industrial reuse. All sides of the principal and
accessory structures are to have ..essentially the same or a coordinated,.
harmonious exterior finish treatment.
2. A commercial recreational use shall not be located. within a shared tenancy
building containing a-use classified as an "H" occupancy as defined by
Minnesota State Building Code, as may be amended.
3. In multiple occupancy buildings, a material safety data sheet (MSDS) shall
be required identifying all materials stored or used in the operation of the
tenant businesses. Any change in building tenants shall require that the
MSDS be .updated and provided to ail other tenants in the multi-tenant
building.
4. A commercial recreational use in a shared tenancy building shall have its
own exterior entrance and exit.
76-2
5. The site must be accessed via a collector street. Vehicular access points
shall create a minimum of conflict with through traffic movement, shall
comply with Chapter 19 of this Title and shall be subject to the approval of
the City Engineer.
C. Day care facilities as a principal or accessory use provided that the use conforms
to the provisions of Chapter 31 of this Title:
D. Essential services involving transmission pipelines and transmission or substation
.lines in excess of 33KV and up to 200KV, as regulated by Chapter 26 of this Title.
E. Open and outdoor storage as a principal or accessory use, provided that:
1: The area is fenced and screened from view of neighboring residential uses
or if abutting a residential district in compliance with Section 11-21-9 of this
Title..
2. Storage is screened from view from the public right-of-way. in compliance
with Section 11-21-9 of this Title.
3. Doesnot take up parking space as required for conformity to this Title.
F. Open or outdoor service, sale and rental as a principal or accessory use, provided
that:
1. Outside services, sales and equipment rental connected with the principal
use is limited to thirty (30) percent of the gross floor area of the principal
use.
2. Outside sales areas are fenced or screened from view of neighboring
residential uses or an abutting residential district in compliance with Section
11-21-9 of this Title.
3. The use does not take up parking space as required. for conformity to this
Title.
G. Personal wireless service antennas not located, on an existing structure or tower as
regulated by Chapter 30 of this Title.
11-76-9: fNTERIM USES: Jn addition to other uses specifically identified elsewhere
in this Title, and subject to applicable provisions of this Title, the following are interim uses
in the C-W District and are governed by Chapter 5 of this Title:
A. All. interim uses as allowed within the C-3 Zoning District.
76-3
11-76-11: USES BY ADMINISTRATIVE PERMIT: In addition to other uses specifically
identified elsewhere in this Title, and subject to applicable provisions. of this Section,
performance standards established by .this Chapter,' and processing requirements of
Chapter 8 of this Title, the following are uses allowed in a C-W District by administrative
permit as may be issued by the Zoning Administrator:
A. All uses'by administrativepermit as allowed within the C-3 Zoning District.
11-76-13: LOT REQUIREMENTS AND SETBACKS: The following minimum
requirements shall be observed in a C-W District .subject to additional .requirements,
exceptions and modifications set forth in this Title:
Lot Area 20,000 square feet
Lot Width 100 feet
Setbacks -Front Yards 30 feet
Setbacks -.Rear Yards 30 feet
.Setbacks - Sid_ a Yards 20 feet on any one side, or 30 feet on
the side yard abutting the major street
or residentially zoned property.
s
76-4
CHAPTERS 77 - 84
RESERVED
77-1
CHAPTER 85
1-CBD, .CENTRAL BUSINESS DISTRICT AREA-INQUSTRIAL DISTRICT
SECTION:
11-85-1: Purpose
11-85-3: Permitted Uses
11-85-5: Permitted Accessory Uses
11-85-7: Conditional Uses
11-85-9: Interim Uses
11-85-11: Uses by Administrative Permit
11-85-13: Lot Requirements and Setbacks
11-85-1; PURPOSE:. The purpose of the I-CBD, Central Business District. Area-
..Industrial District. is to provide specifically for the regulation of manufacturing, wholesaling
and warehousing uses located within the Central Business District of the City as defined
by the Comprehensive Plan.
11-85-3: PERMITTED. USES: In addition to other uses specifically identified
elsewhere. in this Title, the following uses are permitted uses in a I-CBD District:
A._ Governmental and public utility buildings and structures.
B. Manufacturing...
C. Warehousing/storage.
D. Wholesale sales.
11-85-5: PERMITTED ACCESSORY USES: in addition to other uses specifically
identified elsewhere in this Title, the following are permitted accessory uses in_a 1-CBD
District:
A. All permitted accessory uses as allowed within the C-W Zoning District.
11-85-7: CONbITIONAL USES: In addition to other uses. specifically identified
elseware in this Title, the following are conditional uses in a I-CBD District and require a -
conditional usepermit based upon procedures set forth in and regulated by Chapter 4 of
this Title. Additionally, besides the specific standards and criteria which may be cited
below for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the standards and criteria set forth in Section 11-4-3. E and 11-4-7
of this Title.
85-1
A. All conditional uses as allowed within the C-W Zoning District.
B. Satellite dish TVROs .greater than two (2) meters in diameter as regulated_by
Chapter 30 of this Title.
11-85-9: INTERIM USES: In addition to other uses specifically identified.elsewhere
in this Title, and subject to applicable provisions of this Title, the following are interim uses
in the I-CBD District and are governed by Chapter 5 of this Title:
A. All interim uses as allowed within the C-W Zoning District.
B. Commercial and public radio and television transmitting antennas, public safety
communication antennas, and public utility microwave antennas as regulated by
Chapter 30 of this Title.
11-85-11: USES BY ADMINISTRATIVE PERMIT: In addition to other uses specifically
identified elsewhere in this Title, and subject to applicable provisions. of this Section,
performance standards established by .this Chapter, and. processing requirements of
Chapter 8 of this Title, the following are uses allowed in a I-CBD District by administrative
permit as may be issued by the Zoning Administrator:
A. Essential services, exce t transmission i elines and transmission or substation
p pp
lines in excess of 331N and up to 2001N, as regulated by Chapter 26 of this Title.
B. Outside, above ground storage facilities for fuels used for heating purposes, orfor
motor fuel. dispensing purposes related to the approved principal use, but. not for
sale. Such facilities shall be limited to liquefied petroleum and propane gas used
for standby heating and to equipment used for dispensing such gaseous fields to
.vehicles and containers which are used in conjunction.. with the allowed principal
use. The location and design of such facilities for new developments shall be
included with the site plan submitted for review and approved as required by this
Title.. Theelocation and design of such facilitiesfor existing developments in all
cases shall be subject to the approval of the Zoning Administrator and the following
criteria:
1. The design, construction, and location of the equipment must comply with
State and City codes including- appropriate National Fire Protection
Association specifications, Minnesota Uniforrn Fire Code requirements, and.
manufacturer's specifications.
2. An accurate -site plan for the development based upon a certified survey,
shall be submittedshowingto scale the loca#ion of the storage equipment,
including any fencing and landscaping relating to the safety and screening
of the equipment.
85-2
3. Solid wall enclosures should not be used to assure that fire hose streams
can be directed onto the storage equipment with. minimal obstruction.
4. Equipment mustbe Iocated_so as not to obstruct approved parking spaces,
driving aisles, fire lanes, utility easements, or required building ingress or
egress points.
5. No signage shall be permitted, other thane required safety .information,
product identification, product hazards, and operation instructions. For the
purpose of this Chapter, "signage" included .words,. graphics, logos, and
symbols.
C. Other uses of the same general character as those listed as a permitted use in this
district.
D. Personal wireless service .antennas: including temporary.. mobile. towers, as
regulated by Chapter 30 of this Title.
E. Sales, rental or display (indoor and outdoor) as an accessory use in association
with an allovved principal use provided that:
1. The area so occupied shall not exceed ten (10) percent of the principal
building.
2. No storage or display of merchandise shalt be permitted in required .rear,
side or front yards and shall be limited to the area of the customer entrances.
3. The. outdoor sales, rental or display area shall be included in the calculations
for parking spaces required for the use and shall not occupy space required
for parking as stipulated by Chapter 19' of this Title, except as may be
exempted for cause by the Zoning Administrator.
F. Temporary structures as regulated by Chapter 28 of this Title.
11-85-13: LOT REQUIREMENTS AND SETBACKS: The following minimum.
requirements shall be observed in a 1-CBD District subject to additional requirements,
exceptions and modifications set forth in this Title:
Lot Area None
Lot Width None
Setbacks Five (5) feet from a property line and
30 feet where abutting a residential
district.
85-3 •
CHAPTER 86
-1, LIMITED INDUSTRIAL DISTRICT
SECTION:
11-86-1: Purpose
11-86-3: Permitted Uses
11-86-5: Permitted Accessory: Uses
11-86-7: Conditional.Uses..
11-86-9: Interim Uses
11-86-11: Uses by Administrative Permit
11-86-13: Lot Requirements and Setbacks
11-86-1: PURPOSE: The purpose of the I-1, General Industrial District is toprovide
for the establishment of warehousing and light industrial development. The overall
character of .the 1=1 District is intended to have an office/warehouse character, thus
industrial uses allowed in this District shall be limited to those which can compatibly exist
adjacent to both lower intensity business uses and high intensity manufacturing uses...
11-86-3: PERMITTED USES: In addition #o other uses specifically identified
elsewhere in this Title, the following. are permitted uses in an I-1 District:
A. All permitted uses as allowed within the. C-W Zoning District.
B. Commercial printing establishments.
C. Laboratories.
D. 'Manufacturing, compounding, assembly, packaging, treatment, or :storage of
products and materials except waste.
E. Minor automobile repair.
F. Servicing of motor freight vehicles and heavy construction equipment; directly..
related accessory materials and parts sales for such. repair and servicing. (not
including .new or used vehicle sales);. and accessory materials and parts
warehousing which is related to and dependent upon such uses, provided that:
1. All servicing of vehicles and equipment shall occur. entirely within the
.principal structure;
2. To the extent required by State- law and. regulations, painting shall be
conducted in an approved paint booth, which thoroughly controls the
emission offumes, dust, or other particulated matter;
3. Storage and use of all flammable materials,. including liquids and rags, shall
conform with applicable provisions of the Minnesota Uniform Fire Code;
86-1
4. Parking,..driveway, and circulation standards .and. requirements shall be
subject to the review and approval of the City Engineer and shall be based
upon the specific needs of the operation and shall accommodate large
vehicle equipment and semi-trailer/tractor trucks;
5. The storage of damaged vehicles and vehicle parts and accessory
equipment must be completely inside a principal or accessory building; and
6. The sale of .products other than those specifically mentioned in this
subsection shall be subject to a separate conditional use permit and shall be
in compliance with Section 11-86-7 of this Chapter.
14-86-5: PERMITTED ACCESSORY USES: In addition to other uses specifically.
identified elsewhere in this Title, the following are permitted accessory uses in an-I-1
District:
A. Commercial or business buildings and .structures. for a use accessory to 'the
principal use but such use shall not exceed'thirty (30) percent of the gross floor
space of the principal use.
B. Fences as regulated by Chapter 21 of this Title..
C. Kee in of animals as re ulated b Cha ter 35 of this Title.
p g g Y p
D. Off-street loading as regulated by Chapter 20 of this Title.
E. Off-street parking as regulated by Chapter 19 of this Title, including semi-trailer
trucks.
f. Outdoor storage and parking of landlsea containers and semi-tractor trailers: as
provided in Section 11-22-5 of#his Title.
G. Secondary. or accessory use antennas and satellite TVROs, as regulated by
Chapter 30 of this. Title.
H. Sexually oriented uses-accessory.
L Signs as regulated by Chapter 23 of this Title.
11-86-7: CONDITIONAL USES: In addition to other uses specifically identified::
elseware in this Title, the following are conditional uses in-a l-1 District and require a
conditional :use permit based upon procedures set forth in and regulated by .Chapter 4 of
this Title. Additionally,. besides the. specific standards and criteria which may. be cited
below for respective conditional. -uses, each. request for a conditional use permit shall be
86-2
evaluated based upon the standards and criteria set forth in Section 11-4-3. E and 11-4-7
of this Title.
A. Animal kennels, provided that:
1. .The animal kennel shall be located in a freestanding building...
2. The animal kennel shall be located on a lot at least two (2) acres in size..
3. An exercise area at least one hundred (100) square feet in size shall be
provided to accommodate the periodic exercising of animals boarded at the
kennel
4. If an outdoor exercise area is provided, it shall be at least one hundred fifty
(150) square feet in size and shall be restricted to the exercising of one
animal, on leash, under the control of a handler, in the pet exercise area, at
a time.
5. Outdoor exercise areas shall be fenced, not less than. six.(6) feet in height
.with an additional. at least two (2) foot security arm with an internal
orientation set at a thirty (30) degree angle, and shall be of sufficient
strength to retain kenneled animals. Said fence shall be located in a side or
rear yard and shall provide a complete. visual screen from surrounding
properties in compliance with Section 11-21-9 of this Title. Said fence shall
be set back at least one hundred (100) feet from any side or rear property
line.
6. Outdoor exercise areas must be cleaned at least once a day to prevent the
accumulation of animal wastes and the spread. of disease.
7. A ventilation .system shall. be designed so that no odors or organisms will
spread between wards or to the outside air and will be capable of completely
exchanging internal air at a rate of at least twice per hour. Air temperature
must be maintained between .sixty (60) and. seventy-five (75) degrees.
Fahrenheit.
8. A room separate from the kennel area shall be provided of sufficient size to
adequately separate animals that are sick or injured from healthy animals.
9. indoor animal kennel floors and walls shall be made of non-porous materials
or sealed concrete to make it non-porous.
10. Animal wastes shall be flushed down an existing sanitary. sewer system or
enclosed in a container of sufficienf construction to eliminate odors and
organisms and shall be properly disposed ofi at least once a day.
86-3
11. The appropriate license is obtained from the City Clerk and the conditions
of Section 5-1-12 of the City Code are meta
- 12. All State .Health Department :and Minnesota PoNution Control Agency
requirements for such facilities are met.
B. Day care facilities as a principal use or accessory use provided that the use
conforms to the provisions of Chapter 31 of this Title..
C. Essential services involving transmission pipelines and transmission or substation
lines. in excess of 33KV and up to 200KV, as regulated by Chapter 26 of this Title.
D. Satellite TVROs greater than two (2) meters in diameter as regulated by Chapter
30 of this Title.
E. Truck stops, as regulated by Chapter 37 of this Title.
F. Truck/car washes (automatic mechanical drive through only) as an accessory use
associatedwith struck step, provided:
1. The accessory car/truck wash must be on the same parcel of record as the
truck stop.
2. Magazine or stacking space is constructed to accommodate six (6) vehicles
per wash. stall and shall be subject to the approval of the City Engineer.
3. Magazine or stacking space must not interfere with on-site circulation
patterns or required on-site parking or loading areas.
4. Parking or car/truck magazine storage space shall. be screened from view of
abutting residential districts in compliance with. Section 11-21-9 of this Title.
5. The location and operation of vacuum machines must not interfere. with
magazines or stacking .areas on-site circulation or on-site. parking and
loading areas.
6. Provisions are made to control and reduce noise and special precautions
shall be taken to limit the effects of noise associated with vacuum machines.
Additionally, the garage doors must remain closed during the operation. of
the car/truck wash.
7. Untreated water. from the car/truck wash shall not be discharged into the
° storm sewer. If the water is to be pretreated and discharged into the storm
sewer, the pretreatment plans-shall be subject to review and approval of the
City Engineer and Building Official
86-4
8. All of the provisions as outlined in subsection D of this Section must. be
satisfied.
11-86-9: INTERIM USES: In addition to other uses specifically identified elsewhere
in this Title, and subject to applicable provisions of this Title,. the following are interim uses.
in the I-1 District and are governed by Chapter 5 ofthin Title;
A. .All interim uses as allowed within the I-CBD Zoning District
11-86-11: USES BY ADMINISTRATIVE PERMIT: In addition to other uses specifically
identified elsewhere in this Title, and. subject to applicable provisions of this Section,
performance standards established by this Chapter, and processing requirements. of
Chapter 8 of this Title, the following are uses allowed in an T-1 District by administrative
permit as may be issued by the Zoning Administrator:
A. All uses by administrative permit as allowed within the I-CBD Zoning District.
11-86-13: LOT REQUIREMENTS. AND SETBACKS: The following. minimum
requirements shall be observed in an I-1 District subject to additional requirements,
exceptions and modifications. set forth in this Title:
Lot. Area 30,000 square feet
Lot Width 100 feet
Setbacks -Front Yards. 50 feet
Setbacks -Rear Yards 30 feet
Setbacks -Side Yards 10 feet on any one side, or 30 feet on the side
yard abutting a street.. Side yards abutting.
residential zoned property, notless than 50 feet
on the side yard abutting the residential zoned
property.
86-5
CHAPTER 87
-2, GENERAL INDUSTRIAL DISTRICT
SECTION:
11-87-1: ' Purpose
11-87-3: Permitted Uses
11-87-5: Permitted Accessory Uses
11-87-7: Conditional Uses
11-87-9: Interim Uses
11-87-11: Uses by Administrative Permit
11-87-13: Lot Requirements and Setbacks
11-87-1: PURPOSE: The purpose of the 1-2, Heavy Industrial. Development is to
provide for the establishment of heavy industrial and manufacturing development land use
which, because of the nature of the product or character of activity, requires isolation from
residential. and retail-service commercial uses.:
11-87-3: PERMITTED :USES: In addition to other uses specifically identified
elsewhere in this Title, the following are permitted uses in an I-2 District:.
A. All permitted uses as allowed within the I-1 Zoning District.
11-87-5: PERMITTED ACCESSORY USES: In addition to other .uses specifically
identified elsewhere in this Title, the following are permitted accessory uses in an l-2
District:
A. All permitted accessory uses as allowed within the I-1 Zoning District.
11-87-7: CONDITIONAL USES: In addition to other uses specifically identified
e(seware in this Title, the following are conditional uses in an l-2 District and require a
conditional use permit based upon procedures set forth in and regulated by Chapter 4 of
this. Title. Additionally, besides the specific standards and criteria which may be cited
below for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the standards and criteria set forth in Section 11-4-3. E and 11-4-7
of this Title.
A. All conditional uses as allowed within the I-1 Zoning. District.
B. Airports as regulated. by Chapter 36 and Chapter 97 of this Title.
87-1
C. Crude oil, gasoline or other .liquid storage tanks.
11-87-9: INTERIM USES: In additionto other uses specifically identified elsewhere
in this Title, and subject to applicable provisions of thisTitle, the following are interim uses
in the I-2 District and are governed by Chapter 5 of this Title:
A. .All interim uses as allowed within the I-1 Zoning District.
11-87-11: USES BY ADMINISTRATIVE PERMIT:. In addition to other uses specifically
identified elsewhere in this Title, and subject to applicable provisions of this Section,
performance standards established by this Chapter,. and processing requirements of
Chapter 8 of this Title, the following are uses allowed in an I-2 District by administrative
permit as may be issued by the Zoning Administrator:
A. All uses by administrative permit as allowed within the l-1 Zoning District.
11-87-13: LOT REQUIREMENTS AND SETBACKS: The following minimum
requirements .shall be .observed in an 1-2 District subject `to additional requirerents,
exceptions and modifications set forth in this Title:
Lot Area 1 acre
Lot Width 100 feet
Setbacks -Front Yards 40 feet
Setbacks -Rear Yards. 30 feet,. or 50 feet on the yard abutting
residential zoned property
.Setbacks -Side Yards 15 feet on,any one side, or 40 feet on the side
yard abutting a street; except 50 feet on the
side yard abutting residential zoned property.
87-2
CHAPTERS 88 - 95
RESERVED
88-1
CHAPTER 96
.PUD, PLANNED UNIT DEVELOPMENT DISTRICT
SECTION:
11-96-1: Purpose
11-96-3: Application.
11-96-5: Allowed Uses
11-96-7: Setbacks and Building Height
11-96-9: Integrated Design
11-96-11: Sketch Plan
14-96-13: pevelopment Stage .Plan
11-96-15: Final Plan
11-96-17: Processing
11-96-19: Periodic PUD Review.
11-96-21: Plan Modification/Amendment of a PUD
11-96-23: General Requirements
41-96-25: Planned Unit Development Districts
11-96-1: PURPOSE: The purpose of the PUD, Planned Unit Development District
is to provide comprehensive procedures and standards rntended to allow flexibility in the.
development of residential neighborhoods and/or non-residential areas than would be
possible under a conventional zoning district. The decision to zone property to PUD is a
public policy decision for the City Council to make in its legislative capacity. The intent of
this section is to:
A. Provide for the establishment of PUD (planned unit development) zoning districts
inappropriate settings and situations to create or maintain a development pattern.:
than complies with the City's Comprehensive Plan.
B. Allow for the mixing of land. uses within a development when such mixing of land
uses could not otherwise be accomplished. under this Title.
C. Provide for variations to the strict application of the land use regulations in this Title
in order to improve site design and operation, while at the same .time incorporating
design elements (e.g., construction materials, landscaping, lighting, etc.).-that.
exceed the City's standards to offset the effect of any variations.
D. Promote a more creative and efficient approach to land use within the City, while
at the same time protecting and promoting the health, safety, comfort, aesthetics,
economic viability, and general welfare of the City.
E.: Preserve and .enhance natural features. and open spaces.
96-1
F. Maintain or improve the: efficiency ofpublic streets and utilities.
G Ensure. the establishment of appropriate transitions between differing land uses.
11-96-3: APPLICATION: Except for the portion of the City defined as the Central
Area by the Comprehensive .Plan, a PUD District. shall not be established for parcels
guided for-low density residential, rural or agricultural land uses by the Comprehensive
Plan, as may be amended.
11-96-5: ALLOWED .USES: All permitted uses, permitted accessory uses,
conditional uses, interim uses, and uses allowed by administrative permit contained in the
various zoning.. districts defined in Chapter 45 of this Title shall be treated as potentially
allowable uses within a PUD District, provided they would be allowable on the site under
the Comprehensive Plan.
. 11-96-7: SETBACKS AND BUILDING HEIGHT: The various setback and height
regulations of the most closely related conventional zoning. district shall. be considered
presumptively appropriate, but may be departed from to accomplish the .purposes
described in Section 11-96-1 of this Title.
11-96-9: INTEGRATED DESIGN: A PUD shall consist of a harmonious arrangement
and selection of land uses in groupings of buildings that are planned and designed as an
integrated unit. The integrated design shall include elements such as building orientation'
and materials, utilities, parking areas, traffic and pedestrian circulation, landscaping, and
open spaces.
11-96-11: SKETCH PLAN: Prior to the filing of a formal application, the applicant
shall submit a sketch plan of the:. project to the Zoning Administrator.. A sketch plan shall
be processed according to the information requirements, standards and procedures for
sketch plans as established by Chapter 9 of this Title.
11-96-13: DEVELOPMENT STAGE PLAN: Development stage submissions shall
depict: and outline the proposed implementation of the sketch plan stage for the PUD.
Information from the sketch plan stage may be included for background and to provide a
basis for the submitted plan. The development stage submissions shall include but not be
limited to the submission requirements stipulated in Chapter 9 of this Title.
96-2
11-96-15: FINAL PLAN: .After approval of the development stage plan, the applicant
may apply for final plan approval for all or a portion of the PUD. The applicant shall submit
the following material for review by and approval of the Zoning Administrator prior to
issuance of anybuilding permit(s);
A. If the PUD will be developed in different phases,. the applicant shall submit a
phasing plan for construction of the various elements of the entire PUD.
B. Development plans in final form based on the approved development stage plan,
covering that portion of the PUD where building permits will. be requested under the
phasing plan.
C. Proof of recording any easements. and restrictive covenants prior to the sale of any:
land or dwelling unit within the PUD and of the establishment and activation ofi any
entity that into. be responsible for the management and maintenance of any public
or common open space or service facility.
D. All certificates, seals and signatures required for the dedication of land and
recordation of documents.
E. Final architectural working drawings of all structures.
F. A finale plat and final engineering plans and specifications for streets, utilities and
other public improvements, together with a development contract agreement for the
installation of such improvements and financial guarantees for the completion of
such improvements.
G. Any other. plan,. agreements, or specifications. necessary for the Zoning
.Administrator to review the proposed final plan.
11-96-17: PROCESSING:.
A. Pre-Application Conference: Prior to the filing of an application for: PUD, the
applicant of the proposed..PUD. is encouraged to arrange for and attend a
conference with the Zoning Administrator. The primary purpose of the conference
shall be to provide the applicant with an opportunity to gather information and
obtain guidance as to the general suitability. of his proposal for the area forwhich
it is proposed and its conformity to the provisions of this Title. before incurring
substantial expense in the preparation of plans, surveys and other data.
B. Sketch Plan:
1. Application Procedures and_Information Requiremet~s: Prior to the filing of
a#ormal application, the. applicant shall submit a sketch plan of the project
to the Zoning Administrator. A sketch plan will be processed according to
96-3
the information requirements, standards and procedures for sketch plans as
established by Section 11-96-11 of this Title.
C. Development Stage:
1. Application Procedure: PUD zoning applications .shall be processed
according to the evaluation criteria and procedures outlined in Chapter 3 of
this Title.
2. Information Requirement:.
a. The information required for. alt PUD development stage plan
applications shall be as specified in Section 11-96-13 of this Title.
b. The Zoning Administrator, Planning Commission, and/or City Council
may excuse an applicant from submitting any specific item of
information or document required by this section which it finds to be
unnecessary to the .consideration. of the specific PUD berg
considered.
3. Zoning Enactment. A rezoning of a parcel of land to PUD shalt not become
effective until such time as the City Council~approves an ordinance reflecting
said amendment, which shall #ake place at the time the City Council.
approves the development stage plan.
D. Final Stage Plan: After approval of a development stage plan for all or a portion of
the proposed PUD,the applicant shall submit the materials outlined in Section 11-
96-15 for review by the .Zoning Administrator. prior to issuance of a building
permit(s).
11-96-19: PERIODIC PUD REVIEW: The City Council may require periodic review of
a PUD as a condition. to .approval of a PUD in order to ensure compliance with the.
conditions of the PUD. At such times, the City Council may, at its discretion, choose to
take additional testimony on the PUD.
11-96-21: PLAN MODIFICATION/AMENDMENT OF A PUD:
A. Minor Plan Modifications/Amendment: Plan modifications/amendments qualifying.
as minor as defined by Chapter 9 of this Title shall be processed pursuant to that
section.
96-4
B. Major Modification/Amendment: The same review procedure shall be followed for
a major modification/amendment of a PUD as was followed with respect to the
applicant's development stage plan, outlined in .Section 11-96-17.C and pursuant
to Chapter 3 of this Title.
11=96-23: -GENERAL REQUIREMENTS:
A. Records: The Zoning Administrator shall maintain a record of all PUD zones
approved by the City,. including information on a project's allowed. uses, all pertinent
project plans, any conditions imposed on a project by the City Council,. and such
other information as the Zoning Administrator may deem appropriate.
B. Withdrawal of an Application: Any. application under this section may be withdrawn
by an applicant without prejudice of any time. prior to final City Council action
.thereon.
C. Platting of a PUD: In the event that a PUD is to be subdivided into lots or parcels
for the purpose of separate. ownership, such PUD shall be platted under the platting
procedures of the Lakeville Subdivision Ordinance and the related requirements of
Dakota County. The preliminary plat shall be processed in .conjunction with. the _
development stage plan as outlined in Section 11-96-17.C. A separate action on
the#inal plat shall be processed before the City.. Council prior to or in conjunction
with the final stage of the PUD.
D. Conveyance of Property Within a PUD: In the event that any real property within
an approved PUD is conveyed in total or in part, the buyer(s) thereof shall be bound
by al(pi-ovisions of the PUD and the general plan for that project. However, nothing
in this Chapter shall be construed as to make such conveyed. property non-
. _ conforrning :with. regard to normal zoning standards as long. as the .conveyed
property conforms with the approved PUD and the development plan for a project.
E. Agreement/Financial Guarantee:. Following the approval of the development plan
but prior to final plan approval, the applicant shall enter into an`agreement with thee.
City relating to he terms of -the PUD, and .shall also provide such financial
guarantees as the City requires or deems necessary. Such agreement may take
the form of:
1. A development contract; and/or
2. Site improvement performance agreement; and/or
3. Another form of legally binding .instrument as may be required by the City.
96-5
11-96-25: PLANNED UNIT DEVELOPMENT DISTRICTS: Except as otherwise '
provided in this Section, planned unit developments. approved by the City prior to the
effective date of this Ordinance are rescinded. The following properties are zoned Planned
Unit Development, in accordance with the identified ordinance or as provided herein:
A. Ordinance #339 Terra Products
B. Ordinance #379 Jackson Landscaping
C. Ordinance #385 Friedges Landscaping
D. Ordinance #413 Schmitty & Sons
E. -Ordinance #435 Schmitty & Sons
F. Ordinance #453 Crystal Lake Golf Course
G. Ordinance #469 Crystal Lake Golf Course
H. Ordinance #531 Downtown Addition
I. Ordinance #546 Boulder Village at Crystal Lake
J. Ordinance-#563 Rock Island
K. Ordinance #569 Golden Pond First Addition
L. Ordinance #600 Lake Villa Golf Estates 9th Addition
M. Ordinance #604 Heritage Square Addition
N. Nordic Square PUD
1. Legal Description: The property located in the City of Lakeville, State of
Minnesota, legally described as follows:
North One-Half of Section 1, Township 114 North, Range 20 West, Dakota
County, Minnesota, EXCEPT THAT .PART described as follows:
Commencing at the northwest corner of the Southwest Quarter of the
Northwest Quarter of said Section; thence East 755.7 feet; thence South 231
feet; thence West 775.7 feet; thence. North .231 feet to .the place of
beginning.
2. The. allowed uses and performance standards for the Nordic Square PUD are
set forth in the Nordic Square PUD Agreement dated July 17, 2000, including
all plans referenced therein, which documents are on file with the City Clerk
and are incorporated herein by reference.
96-6
CHAPTERS 97 -1-00
RESERVED
97-1
CHAPTER 101
FP, YFLOODPLAIN OVERLAY DISTRICT
SECTION:
11-101-1: Statutory Authorization, Findings of Fact, and Purpose
11-101-3: Warning and Disclaimer of Liability
11-101-5: District Application
11-101-7: General Provisions
11-101-9: Establishment of Zoning Districts
11-101-11: FW, Floodway District.
11-101-13: FF, Flood Fringe .District
11-101-15: GFD, General Floodplain District
11-101-17: Subdivisions
11-101-19: PublicUtilities, Railroads, Roads and Bridges
11-1.01-21: Manufactured Homes and Manufactured Home Parks_and Placement
of Travel Trailers and Travel Vehicles
11-101-23: Administration
11-101-25: Amendments and Variances
11-101-27: Flood Insurance Notice and Record Keeping
11-101-29: Conditional Uses
11-101-31: Amendments
11-101-1: STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND PURPOSE:
The legislature of the State. has, in Minnesota Statutes Chapters 1.04 and 462, as may be
amended, delegated the. responsibility to local government units to adopt regulations
designed to minimize flood losses.. Therefore, the City does ordain as follows:
A. Findings Of Fact:
1. Periodic .Inundation: The flood hazard areas of the City are subject to
periodic inundation which results in potential loss of life, loss of property,
health and safety hazards, disruption of commerce. and governmental
. services, extraordinary public expenditures on flood protection and relief,
and impairment of the tax base, all of which adversely. affect the public
health, safety, and general welfare.
2. Methods Used To Analyze Flood Hazards: This Chapter is based upon a
reasonable method of analyzing flood hazards which is consistent with the
standards established by the Minnesota Department of Natural Resources.
:101-1
B. Statement Of Purpose: It is the purpose of this District to promote the public health,
safety, and general welfare and to minimize those losses described in Section 11-
1.01.-2.A of this Title by provisions contained herein.
11-101-3: WARNING AND DISCLAIMER OF LIABILITY: This Chapter does not imply
that. areas outside the FP Floodplain Overlay District boundaries or land uses allowed
within this District will be free. from flooding or flood damages. This Chapter shall not
create liability on the part of the City or any officer or employee. thereof for any .flood
damages which result from reliance on this Chapter or any administrative decision lawfully
made thereunder.
11-101-5: DISTRICT APPLICATION: The FP, Floodplain Overlay District shall be
applied to and superimposed upon all districts as existing or amended by the textand map
of this Chapter. The FP, Floodplain Overlay District regulations shall not be constructed
to .allow. any use or structure otherwise not allowed in the underlying zoning district where
the property is located. The regulations and requirements imposed by the FP Floodplain
Overlay District shallbe in .addition to those established by all other districts of thisfiitle.
The FP Floodplain, Overlay District shall be established based .upon the specific
information contained in the Flood Insurance Rate Map and the Flood Insurance Study for
the City as adopted in subsection 11-101-7. B of this Chapter. All aforementioned official
road maps and documents are hereby adopted by reference and declared to bean integral
part of this Chapter. -
11-101-7: GENERAL PROVISIONS:
A. Lands To Which The Chapter Applies: This District shall apply to all lands within
the jurisdiction of the City shown on the .Official Zoning Map and .the :Flood
Insurance Rate Map attached thereto as being located within the boundaries. of the
areas designated as Zone AE or Zone A.
B. Establishment Of Official Zoning Map:
1. Adoption: The Official Zoning.. Map together with all materials attached
thereto is hereby adopted by reference and declared to be a part of this
Chapter. The attached material shall include the Flood Insurance Study and
Flood Insurance Rate Map for the City, dated April. 20, 1998, as may be
amended. The. Official Zoning Map shall be on file. in the office of the City
Clerk and the Zoning Administrator.
2. Regulatory Flood Protection Elevation:. The regulatory flood protection
elevation shall be an elevation no Gower than one (1) foot above the
elevation of the 100-yearbase regional flood elevation plus any increases
in flood elevation caused by encroachments on the Floodplain that result
from. designation of floodway.
401-2
3. Regional Flood Elevation For Lakes: The base regional flood level for lakes
shall be as defined on the current Flood Insurance Rate Map or on the
August 27, 1997, letter fromthe Federal Emergency Management Agency
to the City. These elevations are as follows:
Lake Regional Base Flood Elevation
Crystal Lake 936.0
Goose Lake 1,083.7
Kingsley Lake 982.4
Lake Marion 985.0
Lee Lake 953.1
Orchard Lake 978.4
Raven Lake 1,100.1
C. Rules For .Interpretation Of District Boundaries:. The boundaries of the Floodplain
Overlay District shall be determined by scaling distances on the Official Zoning
Map. Where interpretation is needed as to the exact location of the boundaries of
the District as shown on the Official Zoning Map, as for example, where there
appears to be a conflict between a mapped boundary and actual field conditions,
the City Engineer shall make the necessary interpretation. The persons contesting
the location of the District boundary shall be given a reasonable opportunity to
present their case and to submit their own technical evidence if they so desire.
11-101-9: ESTABLISHMENT OF ZONING DISTRICTS:
A. Floodway Subdistricts: The area within the FP` Floodplain Overlay District is further
divided into three (3) districts:
1. FW, Floodway District: The FW District includes the bed of a lake. or wetland
or the channel of a river or stream .and those portions. of the adjoining
Floodplain which are intended to store or carry and discharge, respectively,
the regional flood.. The Floodway District shall include those areas
designated as floodway on the Flood Insurance Rate Map adopted in
subsection 11-101-7.B of this Chapter..
2. FF, Flood Fringe District: Includes the area outside of the floodway, but
subject to inundation by .the .100-year regional floods. The Flood Fringe.
District shall- include those areas designated as floodway fringe on the Flood
Insurance Rate Map adopted in subsection 11-101.7. B of this Chapter.
3. GFD, General. Floodplain District: The General. Floodplain District shall
include those areas designated as unnumbered "A" zones on the Flood
Insurance Rate Map adopted in subsection 11-101.7. B of this Chapter.
101-3
11-101-7: FW, FLOODWAY DISTRICT:
A. Permitted Uses:
1. General farming, pasture, grazing, outdoor. plant nurseries, horticulture, truck
• farming, .forestry, sod farming, and wild crop harvesting.
2. Industrial-commercial- loading areas,. parking areas, and airport landing
strips.
3. Private and public golf courses, tennis courts, driving ranges, archery
ranges, picnic grounds, boat launching ramps, swimming. areas,. parks,
wildlife and nature preserves, .game farms, fish hatcheries, shooting
preserves, target ranges, trap and skeet ranges, hunting and fishing areas,
..and .single or multiple purpose recreational trails. including .pedestrian
bridges.
4. Residential lawns, gardens, parking. areas, and play areas.
5. Public utilities, sanitary sewer, public water, storm water,. and street
improvements...
B. Standards .For Floodway Permitted Uses:
1. The use shall have a low flood damage potential
2. The use shall not obstruct flood flows or increase flood elevations and shall
not involve structures;-fill, obstructions, excavations orstorage of materials
or equipment.
C. Permitted Accessory Uses` None.
D. Conditional Uses:
1. Structures accessory to the uses- listed in subsection A of this Section,: and
the uses listed in subsection D2 through D8 of this. Section.
2. Extraction and storage of sand, gravel, and other materials.
3. Marinas, boat rentals, docks, piers,_wharves, and water control structures.
4. Railroads, streets, bridges, utility transmission lines, and pipelines. ;
5. Storage yards for equipment, machinery, or materials.
6. Placement of fill
101-4
7. Travel .trailers and travel vehicles either on individual lots of record or in
existing or .new subdivisions or commercial or condominium type
campgrounds, subject to the exemptions and provisions of Section 11-101-
21 of #his Chapter.
8. Structural works for .flood control such as levees, dikes and floodwalls
constructed to any height where the intenf is to protect individual structures
• and levees or dikes where the intent is to protect agricultural crops for a
frequency flood event equal to or less than the. 10-year frequency. flood
event.
E. .Standards For Floodway Conditional Uses: No structure (temporary or permanent),
.fill (including fill for roads and levees), deposit, obstruction, storage of materials or
equipment, or other uses may be allowed as a conditional use which, acting alone
or in combination with. existing or anticipated future uses, adverselyaffect the
capacity of the floodway, or increase flood heights, with the exception of floodway
boundary amendments. Consideration of the effects of a proposed use shall be
based upon the reasonable assumption that there will be an equal degree of
encroachment extending fora significant reach on both sides of the. stream. All
conditional use applications shall be accompanied by a floodway impact statement.
drafted by a registered engineer. The. City Engineer. shall be responsible for
submitting the proposal and application to the Department of Natural Resources
and any other governmental unit having jurisdiction over the area for review and
comment.
1. Fill, dredge spoil and .all other similar materials deposited or stored in the
Floodplain .shall be .protected from erosion by vegetative cover, mulching,' "
riprap or other acceptable method.
2. Dredge spoil sites and sand and gravel operations shall. not be allowed in
the floodway unless along-term site development plan is submitted which
includes an erosion/sedimentation prevention element to the plan.
3. As an alternative, and consistent with subsection E2 of this Section, dredge
spoil disposal and sand and gravel operations may allow temporary, on-site.
storage of fill or other materials which would have caused an increase to the
stage of the 100-year or regional flood. buff only after the governing body. has
received an appropriate .plan which assures the removal of the materials
from the floodway 'based upon the flood warning time available. The
conditional use permit must be title registered with the property in the office'
of the County Recorder.
F. Accessory Structures:
1. Accessory structures shall not be designed for. human habitation..
101-5
2. Accessory structures, if permitted, shall be constructed and placed. on the
building .site so as to offer the minimum obstruction to the flow of
.floodwaters.
a. Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow.
b. So far as practicable, structures hall be placed approximately on the
same flood flow lines as those of adjoining .structures.
3. Accessory structures shall be elevated on fiill or structurally dry floodproofed
in accordance with the. FP-1 or FP-2 floodproofing classifications in the State
.Building- Code.- As an alternative, an accessory structure may be
floodproofed to the FP-3 or FP-4 floodproofing classification in the State
Building Code provided the accessory structure constitutes a minimal
investment, does not exceed five hundred (500} square feet in the size,. and
for a detached garage, the detached garage must be used solely for.. parking
of vehicles and limited storage. All floodproofed accessory structures must
meet the following additional standards, as appropriate:..
a. The structure must be adequately anchored to prevent flotation,
collapse or lateral movement of the structure and shall be designed
to equalize hydrostatic flood forces on exteriorwalls; and
b. Any mechanical and utility equipment in a structure must be elevated
to or above the .regulatory flood protection elevation or' properly
floodproofed.
G. Storage Of Material And Equipment:
1. The storage or processing of materials that are in time of flooding buoyant,
flammable, explosive, or .could be injurious to human, animal, or plant Fife,
is prohibited.
2. Storage of other material or equipment may be allowed if not subject to major.
damage by floods and firmly anchored to prevent flotation or readily movable
from the area within the time available after floodwarning.
H. Garbage And. Solid Waste Disposal: No conditional use permits for garbage and
waste disposal. sites shall be issued for floodway areas. There shall be no further
encroachment upon the floodway at existing sites.
L Structural Works:
1. Structural works for flood control that will change the course, current or cross
section. of protected .wetlands. or public waters shall be subject to the
101=6
applicable. provisions of Minnesota Statutes and review of the .Minnesota
Department of iVatural Resources and the Army Corps of Engineers
community wide structural works forflood control intended to remove areas
from the regulatory Floodplain shall not be allowed in the floodway.
2. A levee,. dike or floodway constructed. in the floodway. shall not cause an
increase to the 100-year or regional flood and the technical analysis rnust
assume. equal conveyance or storage loss on both sides of a stream.
11-101-13: FF, FLOOD FRINGE DISTRICT:
A. Permitted Uses:
1. General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck
farming,. forestry, sod farming, and wild crop harvesting.
2. Industrial loading areas, parking areas, and airport landing strips.
3. Private and public golf courses, tennis courts, driving ranges, archery.
ranges, picnic grounds, boat launching ramps,- swimming areas, parks,
wildlife and nature preserves, game farms, fish hatcheries, shooting -
preserves, target ranges, trap and skeet ranges, hunting and fishing areas,
and single or multiple .purpose recreational trails, including pedestrian
bridges.
4. Residential lawns, gardens, parking areas, and play areas.
5. Public utilities, sanitary sewer, public water, storm sewer, and street
improvements.
B. Conditional Uses: The following are conditional uses in .the Floodplain' districts
provided they. are allowed in the base zoning districts (requires a conditional use
permit and shall be subject to the standards, criteria and procedures specified in
subsection C of this Section and Section 11-101-29 of this Chapter.)
1. Floodway Conditional Uses: Floodway conditional uses are subject to the.
.same conditions of subsection 11-101-11. E of this Chapter.
2. Residential Uses: Principal and accessory residential..structures shall be
constructed on fill with the lowest floor (including. basement). at or above the
regulatory flood .protection elevation. The finished fill elevation shall be no
more than one (1) foot below the regulatory flood protection elevation for the
particular area and shall extend at such elevation at -least fifteen (15) feet
beyond the limits of any structure or building erected thereon. For detached
residential accessory structures of no more than five hundred (500). square
101-7
feet of gross floor .area and representing minimal investment the fill shall
extend at such elevation at least five (5) feef beyond the .limits of said
structure erected thereon.
3, Nonresidential Structures: Commercial, .manufacturing, .and industrial
structures shall ordinarily be elevated on fill so that their lowest 'floor
(including basement) is at or above the regulatory flood. protection elevation,
but may where Floodplain fill may result in an increase in the regional flood
elevation, change in the natural course of the Floodplain drainage or result
in potential flooding of neighboring properties be floodproofed in accordance
with the State Building Code... Structures that are not elevated to above the
regulatory flood protection elevation shall be floodproofed to FP-1 or FP-2
.classification as defined by the State Building Code. Structures floodproofed
to FP-3 or FP-4 classification shall not be permitted.
C. Standards For Flood Fringe Uses:
1. Damage Potential The use shall have a low flood damage potential;
2. Flood Flows: The use shall not obstruct. flood flows or increase flood
elevations and shall not involve structures, fill, obstructions, excavations. or
.storage of materials. or equipment.
3. Residential Uses: Residences that do not have vehicular access at or above
an elevation not more than two: (2) feet below the regulatory flood protection
elevation shall not be permitted unless granted a variance by the Board of
Adjustment.ln granting a variance, the Board shall: specify limitations on the
period of use or occupancy of the residence.
4. Business Uses: Commercial structures generally mustbe constructed on fill
with no first floor or basement floor below the flood protection elevation.
.Accessory land uses, such as yards, railroad tracks, and parking lots may
be at lower elevations. However, a permit for such facilities to be used by the"
general public shall not be granted, in the absence of a flood warning
system, if the area is inundated to a depth greater than two (2) feet or
subject to flood velocities greater than four (4) feet per second upon the
. occurrence of the regional flood.
5. Manufacturing And Industrial Uses; Manufacturing. and industrial buildings,
structures and appurtenant works. shall be projected to the flood. protection
elevation. Measures shall-be taken to minimize interference with normal
plant operations especially for streamshaving protracted flood durations.
Certain necessary land uses such as yards and parking lots may be at lower
elevations .subject to requirements set out in subsection C4 above. In
considering permit applications, .the City Engineer. shall give due
consideration to needs of an industry whose business requires that it be
101-8
located in Floodplain areas.
6. Waste Treatment And Waste Disposal
a, No new construction, addition, or modification #o existing. waste
treatment facilities shall be permitted within the flood fringe unless
emergency plans and procedures for action to be taken in the event
of flooding are prepared, filed with, and approved by the Minnesota
Pollution Control Agency. The emergency plans and .procedures must
provide for measures to prevent introduction of any pollutant or toxic
material into the flood waters.
b. There shall be no disposal of garbage or solid waste materials within
flood fringe areas except upon issuance of a conditional use permit.
at sites approved by the Minnesota Pollution Control Agency and
subject to the requirements of Chapter 4 of this Title.
7. Flood Control: Works: Establishment of flood control works shall be subject
to the applicable.. provisions of Minnesota Statutes and review of the,.
Minnesota Department of Natural Resources and the .Army Corps of
Engineers and Chapter 4 of this. Title.
a. The minimum height and design of any dikes, .levees,. floodwalls, or
similar structural works shall be based upon the flood profile of the
regional flood defined between the structures subject to the following:
(1) For urban areas,. the minimum height and design of structure
works shall be at least three (3) feet above the elevation of the
regional flood or at the elevation of the standard protect flood,
whichever is greater.
(2) Modifications and additions to existing structural works shall
assure that the work will provide a means of decreasing the
flood damage potential in the area. Any existing structural
work which potentially threatens public health or safety. shall
be modified or reconstructed in order to meet the standards
contained. herein within a period of one (1) year of the effective
date hereof.
b. Flood protection elevations and. floodway limits which reflect
proposed measures for flood control shall not be effective until such
.measures are constructed and operative. unless the proposed
measures will increase flood heights, in which event, the regulatory
flood protection elevations and Floodplain limits shall reflect the
anticipated increases.
101-9
c. Detailed plans shall. be submitted to the Gity Engineer for any new
developments placed on the Floodplain landward from the dikes and
.levees. The plans must provide for ponding areas or other measures
to protect against flooding from. internal drainage.
8. Fill For Construction: Fill shall be adequately compacted and the slopes
shall be protected by the use of riprap, vegetative cover or other acceptable
method. The Federal Emergency Management Agency (FEMA) has
established criteria. for removing the special. flood hazard area designation
for certain structures properly elevated on fill above the 100-year flood
elevation. FEMAs requirements incorporate specific fill compaction and side
slope protection .standards for. multi-structure or multi-lot developments.
These. standards must be investigated prior to the. initiation of site
preparation if a change of special flood hazard area designation will be
requested.
9. Structural Floodproofing Standards: Alternative elevation methods other than
the use of fill may be utilized to elevate a commercial. and industrial
structure's lowest floor above the regulatory flood protection elevation.
These alternative methods may include the use of stilts, pilings, parallel
walls, etc., or above grade, enclosed areas such as crawl spaces or tuck
under garages. The base or floor of an enclosed area shall be considered
above grade and not a structure's. basement. or lowest floor if: a) thee.
enclosed area is above grade on at least one side of the structure; b) is
designed to internally flood and is constructed with flood resistant materials;
and c) is used solely for parking of vehicles, building access or storage. The
above noted alternative elevation methods are subject to the following
additional .standards:..
a. Design And Certification: The structure's .design and as built condition
:must be certified by a registered professional engineer or architect as
being in compliance with the general design standards of the State
Building. Code and, specifically, that all electrical, heating, ventilation,
plumbing and air conditioning equipment and other service facilities
..mush be at or above the regulatory flood protection elevation or be
designed to prevent flood water from entering or accumulating within
these components during times of flooding.
b. Specific Standards For Above Grade, Enclosed Areas: Above grade,
fully enclosed areas such. as crawl spacesor tuck under garages
must. be designed to internally flood and the design plans must
stipulate:
(1) The minimum area of openings in the walls where internal.:
flooding is to be used as a floodproofing .technique. When
openings are placed in a structure's walls to provide for entry
101-10
of flood waters to equalize pressures,. the bottom of all.
openings shall be no higher than one (1) foot above grade.
Openings may be equipped with screens, .louvers, valves, or
other coverings or devices provided. tha# #hey permit. the
automatic entry and exit of flood waters..
(2) Than the enclosed area will be constructed ofi flood resistant
materials in accordance with the FP-3 or FP-4 classifications
in the State Building Code and shall be used solely for building
access, parking of vehicles or storage.
c. Basements: "Basements", as defined in Section 11-2-3 of this Title,
shall be subject to the following.
(1) Residential basement construction shall not be allowed below.
the regulatory flood protection elevation.
(2) Nonresidential basements may be allowed below the
. regulatory flood protection elevation provided the basement is
..structurally dry .floodproofed in accordance with subsection
C9d below.
d. Nonresidential Structures: All areas of nonresidential structures,
including basements to be placed below the .regulatory flood
protection elevation, shall be floodproofed in accordance with the
structurally dry floodproofing classifications in the State Building
Code and .this shall require making the structure watertight with the
walls substantially impermeable. to the passage of water and with
structural components having the capability of resisting hydrostatic
and hydrodynamic loads and the effects of .buoyancy. Structures
floodproofed to the FP-3 or FP-4 classification shall .not be permitted.
10. Erosion Control. When at any .one time. more than one housand
(1,000) cubic yards of fill or other similar material is located on a
parcel for such activities as on-site storage, landscaping, sand and
gravel .operations, land. fills, roads, dredge spoil disposal or
construction of flood control works, an erosion/sedimentation control
.plan must be submitted unless the respective Floodplain area falls
within a designated shoreland overlay district and shoreland
regulations will be applied. In the absence of a State .approved
shoreland ordinance, the plan must clearly specify methods to be
used to stabilize the fill on site for a-flood event at a minimum of the
100-year or regional flood event. The plan must be prepared and
certified by_a registered professional engineering or other qualified
individual acceptable to the governing. body. The plan may
incorporate alternative procedures for removal of the material from
101-11
the Floodplain if adequate. flood warning .time exists.
11. Storage Of Materials And Equipment:
a. The storage or processing of materials that are, in the time of
flooding, flammable, .explosive, or potentially ..injurious to
human, animal, or plant life is prohibited.
b. Storage of other materials or equipment may be allowed if
readily removable from the area within the time available after
a flood warning and in accordance with a plan approved by the
governing body.
c. The provisions of subsection C.5 of this Section shall also
apply•
11-101-15: GFD, GENERALFLOODPLAIN DISTRICT:
A. Permitted Uses: The uses listed as permitted uses in subsection 11-101-11 of this
Chapter are permitted uses in the General Floodplain District.
B. .Conditional Uses: All other uses shall be subject to the floodway/flood fringe
evaluation criteria pursuant to subsection 11-101 29.A of this Chapter. Section
11-101-11 of this Chapter shall apply if the proposed use is in the Floodway District
and Section 11-101-13 of this Chapter shall apply if the proposed use. is in the
Flood Fringe District.
11-101-17: SUBDIVISIONS:
A. Review Criteria: No land shall be subdivided which is unsuitable for the reason of
flooding, inadequate drainage, water supply or sewage treatment facilities. All lots
within the Floodplain districts shall contain a building site at or above the regulatory
flood protection elevation. All subdivisions shall have water and sewage treatment
facilities that comply with. the provisions. of this Title and have road access both to
the subdivision and to the individual building sites no lower than two (2) feet below
the regulatory flood protection elevation and. the required elevation of all access
,roads shall be clearly labeled on .all. required subdivision drawings and platting
documents.
B. Removal Of Special Flood Hazard Area Designation: FEMA has established criteria
for removing the .special. flood hazard area designation #or certain structures:
properly elevated on fill above~the 100-year flood elevation. FEMA requirements
incorporate specific fill compaction and side slope protection standards for multi-
structure or multi-lot developments.
101-12
11-101-19: PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES:
A. Public Utilities: All public utilities and facilities such as gas, electrical,-sewer, and
water supply systems to be located in the Floodplain shall be floodproofed in
accordance with the State Building Code or elevated to above the. regulatory flood
protection elevation.
B. Public Transportation Facilities: Railroad tracks, roads, and bridges to be located
within the FP Floodway District shall comply with subsection 11-101-11. E of this
Chapter. All railroad tracks, roads, bridges, and major. transportation facilities must.:
be constructed at or above the regulatory flood protection elevation where failure.
or interruption of these transportation facilities would result in danger to the public
health or safety or where such facilities are essential to the orderly functioning of
the area, _Minor or auxiliary roads or minor railroads may be constructed at an
elevation two (2) feet below the regulatory flood protection elevation where failure .
or interruption. of transportation services would not endanger the public health or
safety.
C. On-Site Sewage Treatment And Water Supply Systems: Where public utilities are
not provided: 1) on-site water supply systems must be designed to minimize or
eliminate infiltration of floodwaters into the systems; and: 2) new or replacement on-
site sewage treatment systems must be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems into
floodwaters .and they shall not be subject to .impairment or contamination during
times of flooding. Any sewage treatment system designed in accordance with the.
State's current Statewide standards for on-site sewage treatment systems shall be
determined to be in compliance with this Chapter.
11-101-21: MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND
PLACEMENT OF TRAVEL TRAILERS AND TRAVEL VEHICLES:
A. Restrictions: New manufactured home .parks and expansions. to .existing
manufactured home parks shall be subject to the provisions placed on subdivisions
by Section 11-101-17 of this Title.
B. Elevation And Anchoring:
1. The placement of new or replacement manufactured homes in existing
manufactured home parks or on individual lots of record that are located in
the AE, A99, AH-and AO flood zones on the City's current :FIRM Map, as
may be amended, will be treated as a new structure and may be placed only
if elevated in compliance with subsection 11-101-13.B of this Chapter..
101-13
2. All manufactured homes must be securely anchored to an adequately
anchored foundation system that resists flota#ion, collapse and lateral
movement.. Methods of anchoring may include, but are not limited. to, use of
over the top or frame ties to ground anchors. This requirement is in addition
to applicable State or local anchoring requirements for resisting wind forces.
C. Travel Trailers: Travel trailers and travel-vehicles that do not meet the exemption
criteria specified in subsection C1 of this Section shall be subject to the provisions
of this Chapter and as specifically spelled out in subsection C3 and C4 of this
Section.
1. Exemptions: Travel trailers and travel vehicles are exempt from the
provisions of this Chapter if they are placed. in any of the. areas listed in
subsection C2 of this Section, and further they meetthe following criteria;
a. Have current licenses required for highway use.
b. Are highway ready, meaning on wheels or the internal jacking system,
are attached to .the siteonly by quick disconnect type utilities
commonly used in .campgrounds and trailer parks :and. the travel
trailer/travel .vehicle has no permanent structural type..additions
attached to it.
2. Areas Exempted For Placemenf-0f TraveURecreational Vehicles:
a. Individual lots. or parcels of record.
b. Existing commercial recreational vehicle. parks or campgrounds.
c. Existing condominium type associations.
3. Development: Travel trailers and travel vehicles exempted in subsection C1
of this Section, lose this exemption when. development. occurs on the parcel
exceeding one thousand (1,000) dollars for a structural addition to the travel
trailer/travel vehicle or an accessory. structure such as a garage or storage
building. The travel trailer/travel. vehicle and all additions and accessory
structures will then be treated as a new structure and shal l be subject to the
elevation/floodproofing requirements and the use of land restrictions
specified in Sections 11-101-11 and 11-101-17 of this Chapter.
4. New Parks: New commercial travel trailer or travel. vehicle parks or
campgrounds. and new residential type subdivisions and condominium.
associations and the expansion. of any existing similar use exceeding five (5)
i units or dwelling sites shall be subject to the following:
101-14
a. Any new or replacement travel trailer or travel vehicle will. be allowed
in the FF Flood Fringe District or GFD General floodplam Districts,.
provided said trailer or vehicle and its contents are placed on fi11
above the regulatory flood protection elevation and proper elevated
road access to the site exists in accordance with subsection 11-101-
11.E of this Chapter. No fill placed in the floodway to meet the
requirements of this Chapter shall increase flood stages of the 100-
year or regional flood.
b. All new or replacement travel trailers or travel vehicles not meeting
the criteria of subsection C4a of this Section may, as an alternative,
be allowed as a conditional use if in accordance with the following
provisions and the_provisions of Section 11-101-29 of this Chapter.
The applicant must submit an emergency plan for the safe evacuation
of all vehicles and people during the 100-year flood. Said plan shall
be prepared by a registered engineer. or other qualified individual and
shall demonstrate that adequate time and personnel exist to carry out
the evacuation. All attendant sewage and water facilities for new or
replacement traveF trailers or other recreational vehicles. must be
protected or constructed so as to not be impaired. or contaminated
during times of flooding in accordance with subsection 11-101-19.C
of this Chapter.
11-101-23: .ADMINISTRATION:
A. Permit Requirements: A permit issued- by the Zoning Administrator in conformity
with the provisions of this Title shall be secured prior to the erection, addition, or
alteration of any building, structure, or portion thereof; prior to the use or change
of use of a building, structure or land; prior to the change or extension of a
nonconforming use; and prior.#o the placement of fill, excavation of materials,: or the
storage of materials or equipment within the Floodplain.
B. Application And Fee:. A use permit shall be applied :fore from the Zoning
Administrator. Said application. shall be made in duplicate and .shall: include the
following where applicable: plans in duplicate drawn to scale; showing the nature,
location, dimensions, and elevations of the lot; existing or proposed structures, fill,
or storage of materials; and the location of the foregoing in relation to the stream
channel. An application fee and cash escrow. The application fee amount will be
in accordance with City resolution and shall be required for each use permit.
C. Determination: Within ten (10) days after the application for a use permit,. the.. City
Engineer shall determine whether the change, modification, or alteration. conforms
to`the requirements of all applicable City and State regulations and ordinances.
This time limit for determination of acceptability shall be automatically extended
should referral to, or permit from, another governmental jurisdiction be required.
101-15
The applicant shall be advised in writing of the City Engineer's determination and
findings and if acceptable, a use permit. shall be granted.
D. Security:
1. Upon approval of a use permit, the .City shall be provided with financial
security prior to the issuing of building permits or initiation of work on the
proposed improvements or .development. Said security shall guarantee
conformance and compliance with the conditions of the use permit and the
codes and ordinances of the City.
2. The financial security shall, be in the amount of the City Engineer's and/or
City. Building Official's estimated costs of labor and materials for the
proposed improvements or development.
3. The City shall hold the security until completion of the proposed
improvements or development at which time a certificate of occupancy
indicating compliance with the use permit and .codes and ordinances of the
City may be issued by the City Building Official and said security released..
The .applicant shall be required to submit certification by a registered
professional engineer,. registered architect, or registered land surveyorthat
the finished fill and building elevations were accomplished in compliance
with the provisions of this Chapter. Floodproofing measures shall be certified
by a registered. professional engineer or registered architect.
E. Compliance: No new structure or land shall hereafter be used and no structure shall
be located, extended, converted, or structurally altered without full compliance with
the terms of this Title and other applicable regulations which apply to uses within
the jurisdiction of this Title. Within the FW Floodway, FF Fiood fringe, and GFD
General Floodplain District, all uses not. listed as permitted uses or conditional. uses
in Sections 11-101-11 and 11-101-15 of this Chapter that follow, respectively,. shall
be prohibited. In addition:
1. New manufactured homes, replacement manufactured homes and certain
travel trailers and travel vehicles are subject to the general. provisions of this
Title and specifically Section 11-101 21 of this Chapter.
2. Modifications, additions, structural alterations or repair after damage to
existing nonconforming structures and nonconforming uses of structures or
land are regulated"by the general provisions of this Title and specifically,
Section 11-101-31 of this Chapter.
3. As-built elevations for elevated or floodproofed structures must be certified
by ground surveys. and floodproofing techniques must be designed and
certified by a registered professional engineer or architect as specified in the
general provisions of this Chapter and specifically as stated in subsection
?01-16
Hof this Section.
F. Certificate. Of Zoning. Compliance For New, Altered, Or Nonconforming Use: It shall
be unlawful to use, occupy, or permit the use or occupancy of any building or
premises or part thereof hereafter created, erected, changed, converted, altered,
or enlarged in its use or structure until a certificate of zoning compliance shalt have
been issued by the Zoning Administrator staging'thatthe use of the building or land
conforms to'the requirements of this Title.
G. Construction And Use To Be As Provided On Applications,. Plans, Permits,
Variances And Certificates Of Zoning Compliance: Permits, conditional use permits,.
or certificates of zoning compliance issued on the basis of .approved .plans and
applications authorize only the use, arrangement, and construction set forth in such
approved plans and applications, and no other use, .arrangement, or construction.
Any use, arrangement, or construction at variance with that authorized shall be
deemed a violation of this Chapter, and punishable as provided by Chapter 10 of
.this Title.
H. Certification: The applicant shall be required to submit certification by a registered
professional .engineer, registered architect, or registered land surveyor that the
finished fill and building elevations were accomplished in compliance with the
provisions of#his Chapter. Floodproofing measures shall be certifiedby a registered
professional engineer or registered .architect.
L Record Of Firsgfloor Elevation: The Zoning Administrator shall maintain a record
of the elevation of the lowest floor. (including basement) of all new structures and
alterations. or additions to existing structures in the Floodplain. The .Zoning
Administrator shall also maintain a record of the elevation to which structures
and/or alteration additions to structures are floodproofed.
11-101-25: AMENDMENTS AND VARIANCES:
A. In addition to the procedures and requirements for amendments and variances as
.established in Chapters. 3 and 6 of this Title, the Commissioner of Natural
Resources shall be given at minimum ten (10) days notice of any public hearing,
and a review and written report must be obtained from the Minnesota Department
of Natural Resources and any other governmental body or commission having
jurisdiction for such changes, additions or modifications affecting an FP Floodplain
Overlay District. The Commissioner of Natural Resources -shall be advised in writing
of all decisions made regarding variances and amendments.
B. No variance or amendment shall have the effect of allowing a prohibited use within
an FP District, permit a lesser degree of flood protection than the established flood
protection elevation,. and/or permit .standards. lower than those required under
applicable State law.
101-17
11-101-27: FLOOD INSURANCE NOTICE AND RECORD KEEPING: The Zonin
9
Administrator shall. notify the applicant for a variance that; a) the issuance of a variance
to construct a structure below the base. flood level will result in increased premium rates
.for flood insurance and b) such construction below the 100-year or regional flood level
increases risks to life and property. Such notification shall be maintained with a record of
.all. variance actions. A community shall maintain a record of all variance actions, including
justification for their issuance, and report such variances issued in its annual or biannual
report submitted to the Administrator of the National Flood Insurance Program..
11-101-29: CONDITIONAL USES: Conditional uses require a conditional use permit
based upon procedures set forth in, and regulated by, Chapter 4 of this Title, In addition,
the City Engineer shall determine whether the proposed conditional. use location is within
a floodway or flood fringe area by computing the floodway necessary to convey or store
the regional flood without-increasing flood stages more than 0.5 feet. A lesser stage
increase than 0.5 feet shall be required if, as a result of the additional stage increase,
increased flood damages would result. An equal degree of encroachment on both sides..
of the stream within. the reach shall be assumed in computing floodway boundaries. Upon
such determination, the applicable conditions,. provisions and restrictions shall -be
imposed. The Commissioner of Natural Resources. shall be given at minimum ten (10)
days' notice. of the required public hearing and shall be advised in writing of decisions
made concerning any conditional use.
A. Procedures And Standards For Evaluating Proposed Conditional Uses: Upon
receipt of an application for a conditional use permit .for a use within the FP
Floodplain District, the applicant shall be required to furnish such of the following
information as is deemed. necessary for the determination of the regulatory flood
protection elevation. and whether the. proposed use is in the FW Floodway or the
FF Flood Fringe District:
1. Atypical valley cross section showing the channel of the stream, elevation
of land areas adjoining each side of the channel, cross sectional areas to be
occupied by the proposed development, and high water information..
2. Plan (surface view) showing the nature, locations, dimensions, and elevation.
ofthe lot, contours of the ground, fill; storage of materials; floodproofing
measures; the arrangement of all proposed and existing structures on the
site; locations and elevations of streets, existing and proposed utilities,
septic tanks or water wells; existing land. uses and vegetation upstream and
downstream; soil'type, and the relationship of the above to the location of
the channel.
3. Profile. showing the slope of the bottom of the channel or flow line of the
stream for at least five hundred (500) feet in either direction from the
proposed deve opment.
w _ 101-18
B.. Supplementary Considerations: in .acting upon the conditional use application, the
governing body shall consider all relevant factors specified in Section 11-4-3.E of
this Title in addition to:
1. The danger to life and property due to increased flood heights or velocities
caused by encroachments.
2. The danger that materials maybe swept onto other lands or downstream to
the injury of others or they may .block bridges,. culverts, or other hydraulic
structures.
3. The water supply and sanitation systems and the ability of these systems to
prevent disease, contamination; and unsanitary conditions.
4. The susceptibility of the proposed facility and its contents to flood .damage
and the effect of such damage on the individual owner.
5. The importance of the services provided by the proposed facility to the
community.
6. The requirements of the facility for a waterfront. location.
7. The availability of alternative locations not subject. to flooding. for the
proposed use.
8. The .compatibility of the proposed use with existing development and
..development anticipated in the foreseeable future.
9. The relationship of the proposed use to the Comprehensive Plan and
Floodplain management. program for the area...
10. The safety of access to the property in times of flood fior ordinary and
emergency vehicles.
11. The expected heights, velocity, duration, rate. of rise, and sediment transport
of the flood waters.'expected at the site.
12. Such other factors which are relevant to the purposes of this Chapter.
C. Conditions Attached To Conditional Use Permits: Upon consideration of the .factors
.listed. above and the purposes of this Chapter, the governing .body may attach such
conditions to the granting. of conditional use permits, as it deems necessary to fulfill
the purposes of this Chapter. Such conditions may include, but are not limited to,
the following:
1. Modification of waste treatment and water supply facilities.
1D1-19
2. Limitations. on period of use, occupancy, and operation.
3. Imposition of operational controls, sureties, and deed restrictions.
4. Requirements for construction 'of channel modifications, compensatory
storage, dikes, .levees, .and other protective measures.
5. ~Floodproofing measures, in accordance with .the State Building Code and
this Chapter. The applicant shall submit a plan or document certified by a
registered professional engineer or architect that he floodproofing measures
are consistent with the .regulatory flood protection elevation and associated
flood factors for the particular area.
11-101-31: AMENDMENTS:
A. The Floodplain designation on the Official Zoning Map shall not be .removed from
Floodplain areas unless it can be shown that the designation is in error or that the
area .has been filled to or above the elevation of the .regional flood and is
contiguous to lands outside the Floodplain. Special. exceptions to this rule may be
permitted by the Commissioner of Natural Resources if he determines that, through
other measures, lands are adequately protected for the intended use.
B. All amendments to this Chapter, including amendments to the Official Zoning Map,
must be submitted to and approved by the. Commission of Natural Resources .prior
to adoption. Changes in the Official:Zoning Map must meet the: FEMA technical
conditions and criteria and must receive prior FEMA approval before adoption: The
Commissioner of Natural. Resources must be given #en (10) days' written notice of
all hearings to consider an amendment to this Chapter and said notice shall .include
a draft of the amendment or technical study under consideration.
101-20
CHAPTER 102.
5, SHORELAND OVERLAY DISTRICT
SECTION:
11-102-1: Purpose
11-102-3: District Authorization
11-102-5: District Application
11-102-7: District Boundaries
11-102-9: Shoreland Classification
11-102-11: Allowable Land Uses
11-1.02-13: Minimum Lot and Setback Requirements
11-102-15: Non-Conformities
11-102-17: Development Regulations
11-102-19: Shoreland Alterations
11-102-21: Planned Unit Development
11-102-23: Variances
11-102-25: Conditional Uses
11-102-27: Notifications to the Department of Natural Resources
11-102-29: Effect of Permit
11-102-1: PURPOSE: The .purpose of the S, Shoreland Overlay District is to manage
the effect of shoreland and water surface crowding, to prevent pollution of surface and
ground waters of the City, to provide ample space on lots for sewage treatment systems,
to minimize flood. damages, to maintain property values, and to maintain natural
characteristics of shorelands and adjacent water areas via shoreland controls which
regulate lot sizes, placement of structures and alterations of shoreland areas.
11-102-3: DISTRICT AUTHORIZATION: The shorelands within the City are hereby
designated as shoreland districts and the requirements set forth in this Chapter shall
govern development and other activities within these districts, pursuant to the authorization
and policies contained in Minnesota .Statutes, chapter 103F, Minnesota Regulations, parts
6120.2500-6120.3900. The .classification of the shoreland areas shall govern the use,
alteration, and development of these areas according #o said classification.
11-102-5: DISTRICT. APPLICATION: The S, Shoreland Overlay District shall be
applied to and superimposed (overlaid) upon all zoning districts as identified in Chapter
45 of this Title. as existing or amended by the text and map. of this Chapter. The regulations
and requirements -imposed by the S, Shoreland Overlay District shall be in addition to
those established for districts which jointly apply. Under the joint application of districts,.
the more restrictive requirements shall. apply.
.102-1
11-102-7: DISTRICT BOUNDARIES: The boundaries of the S Shoreland District are
established within the following distances from the ordinary high water mark of the surface
water depending on the size of the surface water as indicated on the Lakeville Shoreland.
District Maps:.
Distance
Surface Water Feet
Greater than 10 acres (Table 1) 1,000
Rivers and streams {draining an area 300**
greater than 2 sq. mi.)
The practical distance may be reduced whenever the .waters involved are
bounded by topographic divides which extend landward from the waters for
lesser distances and when approved by the Commissioner.
The distance requirement shall be increased to the limit of the flood plain
when greater thane three hundred (300) feet .
11-102-9: SHORELAND CLASSIFICATION: The surface waters affected by thin
Chapter and which require controlled development of their shoreland {shoreland district)
are shown on the map designated as the Official Shoreland Map of the City of Lakeville
which is incorporated herein by this reference and filed with the City Clerk. Surface waters
.generally greater than ten (10) acres are. given an identification number by the State as
.defined in Section 11-102-3 of this Chapter andlisted in Tablet of this Section. Other
..surface waters affected by this Chapter, generally having less #han ten (10) acres, are
classified as wetland systems and thus regulated under the provisions of Section 11-16-13
of this Title.
Table 1
Surface Water Identification
Lakes
DNR
Name Classification ID. No. OHWL
Lake Marion Recreational Dev. (RD) 19-26 983.1
Orchard Lake Recreational Dev. (RD) 19-31 977.6
Crystal Lake Recreational .Dev. (RD) 19-27 934.5
Lake Kingsley Natural Environment (NE) 19-30 978.5
Lee Lake Recreational Dev. (RD) 19-29 948.5
Horseshoe Lake Natural Environment (NE) 19-32
Unnamed Lake Natural Environment (NE) 70-11
.102-2
Surface Water Identification
Rivers
Location
Name Classification From.. To
Unnamed to Vermillion Tributary (T) Sec 8 T114 R20 Sec 29 T114 R19
River
(South Branch of
North Creek)
Unnamed to Unnamed Tributary (T) Sec 34 T115 R20 Sec 12 T114 R20
(North Branch of
North Creek)
Unnamed to Unnamed Tributary (T) Sec 97 T114 R20 Sec 30 T114 R19
Unnamed to Unnamed Tributary (T) Sec 21 T114 R20 Sec 23 T114 R20
Unnamed to Vermillion Tributary (T) Sec 36 T114 R21 Sec 36 T114 R20
River
(South Branch of
.South Creek)
Unnamed to Unnamed Tributary (T) Sec 19 T114 R20 Sec 33 T114 R20
(Ord. 167, 7-7-80)
11-102-11: ALLOWABLE LAND USES: The land. uses allowable for the S Shoreland
Overlay District shall follow the "permitted", "accessory", and "conditional" use
designations as defined and outlined in the base zoning districts.
11-102-13: MIN b'
IMUM LOT AND. SETBACK REQUIREMENTS:: Su sect to other. more
• restrictive limitations which. may be imposed by this Title, the. following minimum
requirements shall be observed in the following zoning districts which are overlaid by the
S Shoreland Overlay District:..
A. Residential (RS-1, RS-2, RS-3, RS-4, RST, RS-CBD, RM-1, RM-2, RH-1, RH-2)
NE RD T
1. Lot Area:
a. Sewered
(1) Abutting:
Single 40,000 20,000
Duplex 70,000 35,000
-Triplex 100,000 50,000
Quad 130,000 65,000
(2) Nonabutting:
Single 20,000 15,000
Duplex 23,000 26.,000
Triplex 52,000. 38,000
Quad 65,000 49,000
b. Unsewered* 10 acres 10 acres 10 acres
102-3
NE RD T
2. Lot Width:
a. Sewered
(1) Abutting:
..Single 125 75 75
Duplex 225 135.. 115
Triplex 325 195 150
Quad 425 255. 190
(2) Nonabutting:
Single 125 75 75
Duplex 220 135 115
Triplex 315 190 150.
Quad 400 245 1.90
b. Unsewered
(1) Abutting:
- Single 200 150 100
Duplex 300 225. 150
Triplex 400 300 200
Quad 500 -375 250
(2) Nonabutting:
Single 200 150 100
Duplex 400 265.. 150
Triplex 600 - 375 200
Quad 800 490 250
Lot area requirements in unsewered areas are delineated in Section
11-17-19 of this Title.
Lot area requirements for rivers in sewered areas are delineated by
- the base zoning districts. Lot area requirements in unsewered areas
.are delineated in Section 11-17-19 of this Title.
Residential subdivisions with dwelling unit densities exceeding those in thin
subsection A can only be allowed if designed and approved as .planned unit
developments under Section 11-102-21 of this Title. Only land above the ordinary
high water level of public waters can be used to .meet lot area standards, and lot
width standards must be met. at both. the ordinary high water level and at the
building line. The sewer lot area dimensions in subsection AZa of this Section can
only be used if publicly owned sewer system is available to the property.
B. All Other Districts: Minimum lot size requirements for all .remaining zoning districts _
not specified in subsection. A of thin. Section are delineated in .the various :zoning
districts defined by Chapter 45 of this Title.
102-4
C. Setbacks:
NE RD T
1. Ordinary high water mark
Sewered 150 ft. 75 ft. 50'ft.'
Unsewered 150 ft. 100 ft. 100 ft.
2. Top of bluff~* 30 ft. 30 ft. 30 ft.
3. Unplatted Cemetery 50 ft. 50 ft. 50 ft.
4. Setback from public streets
Right-of-way line of 50 ft.' 50 ft. 50 ft.
Federal, State, or
..County .road
Right-of-way line. of 30 ft. 30 ft. 30 ft.
City street
5.-Side Yard
Setback for property
abutting a lake''` 20 ft. 20 ft. 20 ft.
Setback requirements from the ordinary high-water mark shall not apply to
piers and docks. Where. development exists on both .sides of a proposed
building site, building setbacks may be altered to more closely conform to
adjacent building setbacks,: provided the proposed building .site. is not
located in a shore impact zone or in a bluff impact zone.
Structure setback on preliminary plats and "existing lots of record' ; as
defined in Section 11-16-5 of this Title, that have -been approved prior to
March 1, 1993, shall be allowed up to twenty (20) feet from the top of bluff.
any new subdivisions, lot combinations or replats of existing unbuildable lots
of record. shall be required. to conform to the thirty (30) foot setback from top
of bluff.
Subject to regulations and exceptions as provided in the various zoning
districts established by .Chapter 45 of this Title. The required side yard
setback on all lots of record platted .prior to January 18, 1980, is ten (10)
feet.....
102-5
D. Maximum Building Height: Building height shall be regulated by Section 11-17-7 of
this Title.
E. Impervious Surface Coverage.
1. Impervious surface coverage limits shall apply only to that portion of the lot
lying within the S Shoreland Overlay District.
2. Impervious Surface coverage for lots in all zoning districts shall not exceed
twenty-five (25)percent of the lot area, except as provided .below:
a. Where. appropriate .and where structures and practices for the
mi#igation of storm water impacts on receiving waters are employed
in compliance. with the Comprehensive Storm Drainage Plan for the
City, or as approved by the City Engineer, impervious surface
coverage shall. be allowed to exceed twenty-five (25) percent
impervious coverage to a maximum of seventy-five (75) percent:
impervious surface coverage per lot within. all industrial zoning
districts located on tributary rivers, seventy (70) percent impervious
surface coverage per lot within all business and CBD zoning districts
located on recreational development (RD) lakes,. and tributary rivers
and to a maximum of fifty (50) percent impervious surface coverage
per lot within all business zoning districts on natural environment (NE)
lakes provided the following criteria are met:
(1) All structures and practices are in place for the treatment of
storm water runoff.
(2) A conditional use permit and shoreland impact plan are
submitted and .approved as provided for in Sections 11-102-17
and 11-10225 of this Title.
(3) Any removal of significant trees shall require a tree
preservation plan in accordance with the City's tree
preservation guidelines.
b. Measures for the treatment of storm water runoff and/or prevention of
storm water from directly entering a public water include such
appurtenances as nutrient removal basins and other measures
described in the MPCA guidance document for best `management
practices for storm water quality protection in urban areas.
102-6
11-102-15: NON-CONFORMITIES:. Any lot of record filed in the office of the Dakota
County Recorder prior to June 19, 1978, which does not meet the requirements of .Section
11-102-13.A of this Chapter may be allowed as a building site provided. the lot meets the:
requirements of Section 11-16-5 of this .Title, and subject to approval of a shoreland impact
plan.
A. Construction On Nonconforming Lots Of Record: If, in a group of two (2) or more
contiguous lots under. the same ownership, any individual lot does not meet the
requirements of Section 11-102-13 of this Chapter the lot shall not be considered
as a separate parcel of land for the .purpose of sale or development.. The lot must
be .combined with the one or more contiguous lots. so they equal one or more
parcels of land, each: meeting seventy. (70) percent of the lot area and lot width
requirements of this Chapter, provided each lot has access to public sewerand lot
.development can comply .with. ali required setbacks. Effective January 1, 1.999,
separate lots of record on that day may not: be combined to meet seventy (70)
percent lot area and lot width requirements of Section 11-15-9.B.3.a of this Title.
B. Additions/Expansions To Nonconforming Structures:. All additions or expansions to
. the outside dimensions of an existing nonconforming single-family structure shall
be allowed by conditional use permit provided the addition or expansion meets the
setback, height, and other requirements of Section 11-102-13 of this Chapter. Any
deviation from these requirements shall be .authorized by a variance pursuant to
Sections 11-102-23 and Chapter 6 of this Title.
C. Nonconforming Sewage Treatment Systems: All sanitary facilities on lots outside
of Lakeville's urban service area inconsistent with requirements of this Chapter
shall be brought into conformity within two (2) years after the effective date hereof,
or discontinued immediately when there is evidence of septic tank effluent
percolating from the ground, flowing directly into a lake or stream, or other
indications of system failure.
19-102-17: DEVELOPMENT REGULATIONS:
A. shoreland Impact Plan:
1. Generally: Landowners or developers desiring to develop land or construct
.any dwelling or any other structure on land located within any shoreland
district within the City shall first submit a conditional use .permit application
as regulated by Chapter 4 of this Title and a plan of .development,
thereinafter referred to as "shoreland impact plan", which shall .set forth
proposed provisions for sediment control, water management, maintenance
of landscaped features, and any additional matters intended to improve or
maintain the quality of the environment. Such a plan shall. setforth proposed
changes requested by the applicant and affirmatively disclose what, if any,
.change will be made. in the natural condition of the land, including: loss or
102-7
change of ground cover, destruction of trees, :grade courses, marshes, .and
wetlands. The plan shall minimize tree removal, ground cover change, loss
of natural vegetation, and grade changes as much as possible, and shall
affirmatively provide for the relocation. or replanting.. of as many trees as
possible which are proposed to be removed. The purpose of the shoreland
impact plan shall be to eliminate as much as possible potential pollution,
erosion and siltation.
2. Exceptions:
a. No conditional use permit or shoreland impact plan shall be required
for the development of permitted uses. contained within the A-P, RA,
RAO, RS-1, RS-2, RS-3, or RS-4 Districts provided that such uses
are constructed on conforming lots and when abutting a shoreline that
.all. such uses are serviced with public sanitary. sewer, or are located
on lots which are ten. (10) acres or more in size.
b. No conditional use permit or shoreland impact plan shall be required
for the development of permitted accessory uses within. the A-P, RA,
RAO, RS-1, RS-2, RS-3, or RS-4 Districts.
B. Blufflmpact Zones: Structures and accessory facilities except stairways, andings,
and public utilities shall not be placed within bluff impact zones.
C. Stairways, Lifts, And Landings: Stairways and lifts, solely for the purpose of
pedestrian transportation, are the preferred alternative to major topographic
alterations for achieving access up and down .bluffs and steep slopes to shore
areas. Stairways and liftsmust meet the following design requirements:
1. Stairways and lifts shall not exceed four (4) feet ~in width on residential lots.
Wider stairways may be used for commercial properties, public open-space
recreational properties, and planned unit developments;
2. Landings for stairways and lifts on residential lots shall not exceed. thirty two
(32) square feet in area;
3. Canopies or roofs are not allowed on stairways, .lifts, or landings;
4. Stairways,. lifts, and landings may be either constructed above the ground on -
posts or pilings, no Migher than thirty (30) inches above grade at any one
point, or placed. into the. ground provided they are designed and built in a
manner that ensures control of soil erosions;
5. Stairways, .lifts,- and landings shall be .located in the most visually
inconspicuous portions of lots, as viewed from: the surface of the public water
assuming summer, leaf-on conditions, whenever practical;. and
102-8
6. Facilities suchas ramps, lifts, or mobility paths for physically handicapped
persons are also allowed for achieving access to shore .areas, provided that
the dimensional and performance standards of subsection D1 through 4
above are complied .within addition to the requirements of Minnesota
Regulations, chapter 1340.
D. Steep Slopes:. The City Engineer shall evaluate possible soil erosion impacts and
development visibility from public waters before issuing a permit .for construction of
sewage treatment systems, roads,.driveways, structures, or other improvements on
steep slopes. When determined necessary, condition must be attached to issued
permits. to prevent erosion and to preserve existing vegetation screening of
structures, vehicles, and other facilities as viewed from the surface of public waters,
assuming summer, leaf-on vegetation.
E. Sewage And Waste Disposal: Any premises used for human occupancy shall be
provided .with an adequate method of sewage disposal. to be .maintained in
accordance with. acceptable practices.
1. Public Safety Sewers: Public safety sewer collection and treatment#acilities
shall be used where available, and where feasible.
2. Private Sewage Systems: All. private sewage treatment systems must meet
or exceed the Minnesota Pollution Control Agency's standards for individual
sewage treatment systems contained in the document "Individual Sewage
Treatment Systems Standards, Chapter 7080", the rules and regulations of
the Minnesota Department of Health, and Dakota County.
3. Drain Fields: A septic tank-drain field system shall be the only acceptable
system for installation unless it can be demonstrated thafi this system is not
feasible on the particular lot in question and it can be demonstrated that the
system being proposed as an alternate will not .cause a pollution problem.
4. Individual Systems:
a. Generally: All proposed sites for individual sewage treatment systems
shall be evaluated in accordance with the criteria in the following
subsection Fob below. If the determination of a site's suitability
cannot be made with publicly available, existing information, it shall
..then be the responsibility of the applicant to provide sufficient soil
borings and percolation tests from on-site field investigations.
b. Evaluation Criteria:
(1) Depth to the highest known or calculated ground. water. table
or bedrock;
102-9
(2) Soil conditions, properties, and permeability;
(3) Slope;
(4) The existence of lowlands, local surface depressions, and rock
outcrops; and.
(5) Nonconforming sewage treatment systems shall be regulated
and upgraded in accordance. with subsection 11-102-15;C of
this Chapter.
5. Permit Required: No person may install, alter, repair or extend any individual
sewage disposal system .without first obtaining a permit therefor. from.. the. City
for the specific installation alteration, repair or extension.
6. Placement:. Placement of septic tank soil absorption systems shall be subject.
to the following setback requirements. where soil conditions are adequate:
a On natural environment lakes, at least. one hundred. fifty (150) feet
from the normal high water mark.
b. On recreational development lakes, at .least seventy-five (75) feet
..from the normal high water mark.
c. On tributary streams, at least seventy-five (75) feet from the .normal
high water mark.
7. Soil Absorption Systerns: Soil absorption systems shall not be allowed in the
following areas for disposal of domestic sewage..
a. Low swampy areas or areas subject to recurrent flooding.
b. Areas. where the highest .known .ground water table, bedrock or
impervious soils conditions are within three (3) feet of the bottom of
the system.
c. Areas of ground slope which create a danger of seepage of the
effluent onto the surface of the ground.
d. Areas lying within the 50-year flood plain.
F. Water Supply: Any private supply of water for domestic purposes shall conform to
Minnesota Pollution Control. Agency, Dakota County, and Minnesota Department
of Health Standards for water quality. Private wells shall be placed in areas not
subject to flooding and up slope from any source of contamination. Wells already
102-10
existing in areas subject to flooding shall be floodproofed in accordance .with. State
Building Code standards. No private wells shall be located closer than three (3) feet
to the outside basement wall of a dwelling. The- outside basement footing shall be
continuous across the opening of the well alcove. No well shall be located closer
than ten (10) feet to a property line.
G. Storm Water Management: The following general and specific standards-shall apply
in regard. to storm water management within any shoreland district within the City:
1. When possible, existing natural drainageways, wetlands, and vegetated soil
surfaces shall be used to convey, store, filter,. and retain. storm water runoff
before discharge to public waters.
2. Development shall be planned and conducted in a manner that will minimize
..the extent of disturbed areas, runoff velocities, erosion potential, and reduce
and delay runoff volumes. Disturbed areas shall be stabilized and protected
as soon as possible, and no later than #hirty (30) days after completion of the
project. All methods of storm water management shall comply with the
Lakeville Comprehensive Storm Drainage Plan.
3. When development density, topographic features, and soil and vegetation
conditions are not sufficient to adequately handle storm water runoff using
natural features and vegetation, various types of constructed facilities such `
as diversions, settling. basins,. skimming devices, dikes, waterways,. and .
ponds. may be used. Preference shall be given to designs using surface,
drainage, vegetation,: and. infiltration rather than buried pipes and man-made
materials and facilities.
4. When constructed facilities. are: used for .storm water management,
documentation shall be provided by a qualified individual that they are
designed and installed. consistent with the field office technical guide of the
Dakota County Soil and Water Conservation District.
5. New. constructed storm water outfalls to public waters :shall provide .for..
filtering or settling of suspended solids and skimming of surface debris.
before discharge.
H. Placement And Design Of .Roads, Driveways, And :Parking Areas: The following.
standards shall .apply in regard to roadway, driveway and parking area placement
and design within any shoreland district within the City.
1. Public and private roads and parking areas shall be designed to take
advantage of natural vegetation and topography to achieve maximum
screening from viewfrom public waters. Documentation shall be .provided by
the City .Engineer that all. roads and parking. areas are :designed. and
constructed to minimize and control .erosion to public waters consistent with
lot-li
the field office technical guides of the Dakota County .Soil. and Water -
Conservation District..
2. Private roads, driveways,: and parking areas shall meet structure setbacks
and shall not be placed within. bluff.. and shore impact zones, when other
reasonable and feasible placement alternatives exist. if no alternatives exist,
they may be placed within these areas by conditional use permit, and must
be designed to minimize adverse impacts.. Natural. vegetation or other
natural materials shall be required in order to screen parking areas when
viewed from the water. Parking areas of more than four (4) spaces shall be
screened in accordance with a landscape plan, submitted and approved by
the City Council
3.. Public and private watercraft access ramps, approach roads, and access-
related. parking areas may be placed within shore impact zones provided the
vegetative screening and .erosion control conditions of this subpart are met.
For private facilities, the grading and filling provisions of subsection 11-102-
19.B of this Chapter shall be met.
I_ Fences: Fences shall not exceed forty-two (42) inches in height .and shall be at
least seventy-five (75) percent open space for passage of air and light inside the
ordinary high water level setback. Fences shall not be located within ten (10) feet
from the ordinary high water mark.
11-102-19: SHORELAND ALTERATIONS; Alterations of vegetation and topography
will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland
aesthetics,. preserve historic values, prevent bank slumping,. and protect fish and wildlife.
habitat.
A. Vegetation Alterations: The removal of natural vegetation shall be restricted to
.prevent erosion. into public waters, to conserve nutrients in the soil, and to preserve
shoreland aesthetics.
1. During the site grading of new subdivision development and other planning
actions, any removal of significant trees shall require a tree preservation
plan in accordance with the City's tree preservation guidelines..
2. Natural .vegetation shall be restored as soon as feasible after ..any-
construction project, but not later than the start of the next growing season.
3. The provisions of this Section .shall not apply to vegetation. alterations
necessary for the construction of structures, sewage treatment systems and
the construction of roads and parking areas as regulated in subsection
11-102-17.1 of this Chapter subject to the following standards:
102-12
a: Intensive vegetation clearing within the shore and bluff impact zones
and on steep slopes is not allowed. Intensive vegetation clearing for
forest land conversion to another use outside of these areas is
allowable as a conditional use if an erosion control and sedimentation
plan. is developed consistent with the #ield office technical guides of
the Dakota County Soil and Water Conservation District.
b. In shore and bluff impact zones and on steep slopes, limited clearing
of trees and .shrubs and cutting, pruning, and trimming of trees is
allowed to provide a view to the water from the principal dwelling site
and to accommodate. the placement of stairways and landings,
access paths, beach and watercraft access areas or facilities,
provided that:
(1) The screening of structures, vehicles, or other facilities as
viewed from the water, assuming summer, leaf-on conditions,
is not substantially reduced.
(2) Along rivers, existing .shading of water surfaces is preserved...
(3) The above provisions are not. applicable to the removal of
trees, limbs, or branches that are dead,. diseased, or pose
safety hazards.
B. Grading And Filling Associated With Any Development Project Involving
Subdivisions, Commercial, Industrial, Or Multiple Family Uses:.
1. Grading and. filling within shoreland districts, or-any alterations of the natural
topography where the slope of the land is toward a .public water or water
course. leading to a public water shall be consistent with the field office
:technical guides of the Dakota County. Soil and Water- Conservation District
and approved by the City Engineer. A permit shall be obtained priorto the
commencement. of any work#hereon. The permit may be granted subject to
the conditions that:
a. .Temporary ground cover uch as mulch shall be used and permanent
cover such as sod shall. be planted as soon as possible.
b. Methods to prevent erosion and trap sediment shall be employed in
accordance with the. iakeville Subdivision Ordinance' and the
consistent with the field office technical guides of the Dakota County
Soil and Water Conservation District.
1. See Title 10 of the City Coder
102-13
c. Fill shall not be placed in areas lower in elevation than the normal
high water mark.
d. Fill shall. be stabilized according to accepted engineering standards.
e. Fi11 shall not restrict a floodway or destroy the storage capacity of a
flood plain.
f. The maximum slope of the. finished surface which slopes toward a
water body or a water course leading to such water body shall be
three (3) units horizontal to one vertical
g. Fill or excavated material must note be placed in bluff impactzones.
h. Any alterations below the ordinary high water level of public waters
must first be authorized by the Commissioner under Minnesota
Statutes, section 103G.245.
i. Alterations of topography will only be allowed if they are accessory to
permitted or conditional uses and do not adversely affect adjacen# or
nearby properties.
j. Placement of natural rock riprap, including associated grading of he
shoreline and placement of a filter blanket, is permitted if the finished
slope does not exceed. three (3) feet horizontal to one (1) foot vertical,
the landward extent of the riprap is within ten (10) feet of the ordinary
high water level, and the height of the riprap above the ordinary high
water level does not exceed three (3) feet.
2. Any work which will change or diminish the course, current, or cross section
of a public water shall require a permit from the City Engineer and be
approved by the Department of Natural Resources before the work is begun.
This includes construction of boat .slips, canals, channels and .ditches,
lagooning, .dredging of lake bottom for the removal. of muck, silt or weeds,
and filling in the lake bed including low lying marsh areas. Approval will be
given only if the proposed work is consistent with applicable .State
regulations for beds of public waters.
C. Special PrQVISIOnS For Agricultural, Extractive, And Commercial Uses:
1. Agriculture Use Standards:
a. General .cultivation farming, grazing, nurseries, horticulture, .truck....
farming, sod farming, and wild crop harvesting are permitted. uses if
steep slopes and shore and bluff impact zones are maintained in
permanent vegetation or operated under an approved: conservation
102-14
plan (resource management systems) consistent with the field office
technical guides of the Dakota County Soil and Water Conservation
.District or the United States Soil Conservation,Service, as provided
by a qualified individual or agency. The shore impact zone for parcels
with permitted agricultural land uses is equal to a line parallel to and
fifty (50) feet from the ordinary high water level.
b. Use of fertilizer, pesticides, or animal wastes within shorelands must
be done in such a way as to minimize impact on the shore impact
zone or public water by proper application. or use of earth or
vegetation.
2. Extractive Use Standards: All excavations and mining. within the S,
Shoreland Overlay. District shall be in compliance with the Lakeville
Excavations and Mining Ordinance, Title. 7, Chapter 4 of the City Code.
3. Commercial Use Standards: Uses without water-oriented commercial needs
located on protected lakes must be located on lots or parcels without public
waters frontage, or, if located on lots or parcels with public waters frontage,
must either be set back double the normal ordinary high water level setback
or be substantially screened from view from the water by vegetation or
topography, assuming summer, leaf-on conditions.
11-102-21: PLANNED UNIT DEVELOPMENT: The Planned Unit Development
provisions contained in Chapter 96 of this Title may be utilized within a shoreland district,
provided that the following requirements are satisfactorily met:
A. Conditional Use Permit: Planned Unit Developments shall require a conditional use
permit based upon procedures set forth in and regulated by Chapter 4 of this Title.
B. Sewer And Water: Planned unit developments shall be connected to Municipal
sewer and water.
C. Open Space: Residential planned unit developments shall contain open space
meeting all of the following criteria:
1. At least fifty (50) percent of the total project area shall. be preserved as open
space.
2. Dwelling units or sites, road rights of way, or land covered by road surfaces,
.parking areas, or structures, except water-oriented accessory structures or
facilities, are developed areas and shall not be included. in the computation.
of minimum open space.
102-15
3. Open space shall include areas with physical characteristics unsuitable for
development in their natural. state.
4. Open. space may include outdoor recreational facilities for use by owners of
dwelling units or sites.
5. The appearance of openspaceareas, includingtopography, vegetation, and
allowable uses, shall be preserved by use of .restrictive deed .covenants,
permanent easements, public dedication and acceptance, or other equally
effective .and permanent means.
6. The shore impact zone, based on normal structure setbacks, shall be
.included as open space. At least fifty (50) percent of the shore impactzone
area of existing developments or at leas# seventy (70) percent of the shore
impact zone area of new developments must be preserved in its natural or
existing state.
D. Residential PUD Density. Evaluation:
1. Proposed new or expansions to existing planned unit developments shall be
evaluated using the following procedures and standards to determine the
suitable area for .the dwelling. unit/dwelling site density evaluation in
subsection D2 below.
a. The project parcel shall be divided into tiers by locating one or more
lines approximately parallel to a line that identifies. the ordinary high
water level at the following intervals, proceeding landward:
Shoreland Tier bimensions
Unsewered Sewered
Feet Feet
Recreational development lakes 267. 267
Natural environment lakes 400 320
All rivers 300 300
b. The suitable area within each tier is next.calculated by excluding from
the tier area all wetlands, bluffs, or land below the ordinary high water
levelof public,waters. This suitable area and the proposed project are
then subjectedto the residential.:planned unit development density
evaluation steps to arrive at an allowable number of dwelling units or
sites.
102-16
2. Residential PUD Base Density Evaluation: The procedures for determining
the base density of a PUD and density increase multipliers are as follows..
Allowable densities may be transferred from any tier to any other tier further
from the water body, but must not be transferred to any other tier closer.
a. Formula: The suitable area within each tier is divided by the single
• residential lot size standard for lakes and rivers. Proposed locations
and numbers of dwelling units or sites for the residential planned unit
developments are then compared with the tier,. density, and suitability
analysis herein and the design criteria in this subsection D.
b. Increases: Increases to the dwelling unit or dwelling site base
densities previously determined are allowable if the dimensional
standards for the various zoning districts established by Chapter 45
of this Title are. met or exceeded and the design criteria in this
subsection D are satisfied. The allowable density increases in
subsection D2c below will only be allowed if structure setbacks from
the ordinary high water level are increased to at least. fifty (50)
percent greater than the minimum setback,. or the impact on the water
body is reduced an equivalent amount through vegetative
management, topography, or additional means acceptable to the local
unit of government and the setback. is at least twenty-five (25) percent
greater than the minimum. setback.
c. Allowable Dwelling Unit Or Dwelling Site Density Increases For
Residential Planned Unit Developments:
Density Evaluation Tiers Within Each Tier
First. 50
Second 1.00
Third 200
.Fourth 200
Fifth 200
E. Erosion Control And Storm Water Management: Erosion control and storm water
management plans shall be prepared for all planned unit developments and shall
be consistent with Section 11-102-17.H of this Chapter.
F. Centralization And Design Of Facilities: Centralization and design of facilities and
structures shall be done according to the following standards:
1. Dwelling units or sites shall be clustered into one or more groups and
located. on suitable areas of the development. They shall be designed and
located to meet or .exceed thefollowing dimensional standards .for the
relevant shoreland classification. Setback fromthe ordinary high water level,
102-17
elevation. above the surface water features, and maximum height. Setbacks
from the ordinary. high water level shall be increased in accordance with
subsection D2 of this Section for developments with. density increases.
2. Structures, parking areas, and other facilities shall be treated to reduce
visibility as viewed from the public waters and adjacent shorelands by
vegetation, topography, increased setbacks, color, or other means
acceptable to the local unit of government, assuming summer, -leaf-on
conditions. Vegetative and topographic shall be preserved, if existing,. or
may be required to be provided.
3. Accessory structures and facilities shall meet the required principal structure
setback and must be centralized.
G. Evaluation Of Factors: The following factors are carefully evaluated to ensure that
the increased density of development is consistent with the resource limitations of
the public water:
1. Suitability of the site for the proposed use. ,
2. Physical and aesthetic impact. of increased density.
3. bevel of current development.
4. Amount of ownership of undeveloped shoreland.
5. Levels and types of water surface use and public access.
6. Possible effects on overall public use.
H. Facilities: Any recreational. or community facility allowed as part of the planned unite
development conforms to all applicable Federal and State regulations including,. but
not limited to, the following:
1. Waste disposal regulations.
2. Water supply regulations.
3. Building codes..
4. Safety regulations..
5. Regulations concerning the appropriate use of "public waters" as defined in
Minnesota Statutes,. section 103G245.
6. Applicable regulations of the Minnesota Environment Quality .Council
sot-is
7. Storm sewer.
L Alteration Approval The final PUD shall not be modified or altered in any way
without written approval from the Department of Natural Resources.
J. Central Shoreline Facilities: PUDs incorporating shoreline recreational facilities
such as beaches, docks, or-boat launching. facilities, etc.; shall be designed. such
that said facilities are centralized for common utilization.
11-102-23: VARIANCES:. Variances may be granted by the City Council upon
application as required in Chapter 6 of this Title in extraordinary cases, but only when the
proposed use is determined to be in the public interest and no variance shall be granted
which the Council determines will or has a tendency to:
A. Result in the placement of an artificial. obstruction which will restrict the passage of
storm and flood water in such a manner as to increase the height of flooding, except
obstructions approved by the watershed districts in conjunction with sound flood
plain management;
B. Result in incompatible land uses or which would be detrimental to the protection of
surface and ground water supplies.
C. Be not in kee in with land use Tans and tannin ob~ectives for the Cit or which
p 9 p P 9 J Y
will increase or cause damage to life or property.
D. Be inconsistent with the objectives of encouraging land uses compatible with the
preservation of the natural land forms, vegetation and the marshes and wetlands
within the City.
E. No permit or variance shall be issued unless the applicant has submitted a
shoreland. impact plan as required and set forth in this Chapter. In granting any
variance, the Council may attach such conditions as they deem necessary. to
.ensure compliance with the purpose and intent of this Chapter.
11-102-25: CONDITIONAL USES: Conditional uses allowable within shoreland areas
shall be subject to the review and approval procedures set forth in Chapter 4 of this Title.
The. following .additional evaluation criteria and conditions apply within shoreland areas:.
A. Evaluation Criteria: A thorough evaluation of the waterbody and the topographic,
vegetation, and soils conditions on the site must be made to ensure:
4. The prevention of soil erosion. or other possible pollution. of public waters,
both during and after construction.
102-19
2. The visibility of structures and other facilities as viewed from public waters
is limited....
3. The site. is adequate for water supply and on site sewage treatment.
11-1.02-27: NOTIFICATIONS TO THE DEPARTMENT OF NATURAL RESOURCES:
A. Copies of all notices of any public hearings to consider variances, amendments, or
conditional uses under local shoreland management controls must be sent to the
Commissioner or the Commissioner's designated representative and postmarked
at least ten. (10) days before the hearings. Notices of hearings to consider proposed
subdivisions/plans must include copies of the subdivision/plat.
B. A copy of approved amendment and subdivisions/plats, and final decisions granting
variances or conditional uses under local shoreland management controls must be
sent to the Commissioner or the Commissioner's designated representative and
.postmarked within ten (10) days of final action.
11-102-29: EFFECT OF PERMIT: The granting_of anypermit, variance, or subdivision
approval under provisions of this Chapter. shall in noway affect the owner's capability to
obtain the approval required by any. other statute, ordinance or legislation of any State
agency or subdivision thereof. Approval may be expressly given. in conjunction with other
permits applied for, but no approval shall be implied from the grant of such permits nor
from the necessity to apply for a permit as described herein.
102-20
PUBLIC NOTICE
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 674
AN ORDINANCE AMENDING TITLE 11
OF THE LAKEVILLE CITY CODE,
THE ZONING ORDINANCE
Title 11 is the zoning ordinance for
Lakeville, Minnesota. This ordinance replaces
the prior zoning ordinance adopted July 7,
1980, and all amendments thereto, and estab-
lishes a new zoning ordinance which contains
the following chapters:
Chapter 1 Title and Applications
Chapter 2 Rules and Definitions
Chapter 3 Administration - Amendment
Chapter 4 Administration - Conditional Use
Permits
Chapter 5 Administration - Interim Use
Permits
Chapter 6 Administration - Variances
Chapter 7 Administration - Appeals
Chapter 8 Administration - Administrative
Permits and Approvals
Chapter 9 Administration - Site Plan
Review
Chapter 10 Administration - General
Chapters 11-14 Reserved
Chapter 15 Non -Conforming Buildings,
Structures and Uses
Chapter 16 General Performance Standards
Chapter 17 General Yard, Lot Area and
Building Regulations
Chapter 18 Accessory Buildings, Structures,
Uses and Equipment
Non8 0l 9t. 'P '00 e!A pa.lnolep
ryM slsuolooi 'ewe uolleaJoai IIIH
pasop sl (ell AaNeq ul .anV)ppuaN
allinswn9 ul •p21 pUeisl aldeyy `dap
JOWL
JOM uoileJolsaJegweAoN Aq oyp
,oai ata uogellelsui Amp jepq j
ryledl Jepun auop eq Ip!M '/teMgf
llnn goiLM'loafoid eql 'L L Apr 'AB!
JoS) '1S 1-11S6I-of OS P2I '00 wojl
)4epdn uop.
r�Ul JO;
96 ileo
nit
.JOj }aS
4301.13
uassed
3b3
•006b -986-Z96 lle:
"en y ayoIfloH 9(
w d 0£: b i q uogeo,/c
luapaoxe glint '000
palelaa sJee any anet
eneq 'ieloy;p 6ulppnE
(%08) ewgllo Aluofe j
6uippnq pue Me!Aal w
• ow!) in`
awl
o[loas.[alut e 1B palsod Si 11W11 p
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
County of Dakota
SS
TERESA L. FULTS, being duly sworn, on oath says that she is an authorized agent and
employee of the publisher of the newspaper known as Thisweek-Life & Times, and has full
knowledge of the facts which are stated below:
(A)The newspaper has complied with all of the requirements constituting qualification
as a legal newspaper, as provided by Minnesota Statutes 331 A.02, 331 A.07 and other applic-
able laws, as amended.
(B)The printed lJ CV2 G9 -74 SA. Pr,
which is attached was cut from the columns of said newspaper, and was printed and pub -
fished once eaebterzkFfer.
first published on Saturday, the
suceessi •o aks; it was
,(lay of V (%
and was thereafter printed and published on every Saturday to and including
Saturday, the day of
ed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publication of
the notice: abcdefghijklmnopgrstuvwxyz
; and print -
Subscribed and
BY:
1,t4J6L-/
TITLE:Secretary
sworn to before me on this te-frt)
day of
Notary Public
�,- L`A* t )L J. HA_ .N
lataryP MQ
• i• Mn
•
ntissbn Etvi11 M►S1.>MS