HomeMy WebLinkAbout0867ORDINANCE NO. 867
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE
CITY CODE, THE ZONING ORDINANCE, CONCERNING
THE ZONING MAP, ADMINISTRATION AND GENERAL PERFORMANCE
STANDARDS, AND ZONING DISTRICT PROVISIONS
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. The following definitions included in Section 11 -2 -3 of the City Code
are hereby amended to read as follows:
ANIMAL KENNEL: Any place where more than three (3) domestic
animals of one type, over six (6) months of age, are 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.
BLUFF: A sloped topographic feature having all of the
following characteristics:
A. Part or all of the feature is located in a shoreland
area;
B. The slope rises at least 25 feet above the ordinary
high water level of the waterbody or toe of the bluff.
For purposes of this subpart, "toe of the bluff" means
the lower point of a horizontal ten -foot segment with
an average slope exceeding 18 percent; and
C. The grade of the slope from the ordinary high water
level of the water body or the toe of the bluff to
averages 30 percent or greater. For purposes of this
subpart, "top of the bluff" means the higher point of
the highest horizontal ten -foot segment with an
average slope exceeding 18 percent.
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
unless specifically defined by this Title:
A. Office Business: An establishment located within a
building or portion of a building for the conduct of
business activities involving predominantly
professional, administrative or medical service
operations including attorneys, financial advisors,
consultants, insurance, outpatient health services and
other uses of similar character.
B. Restaurant (Convenience): An establishment that serves
food and /or beverages, in or on disposable or edible
containers, for consumption on or off premises,
including drive -in restaurants, and including drive -
through facilities.
C. Restaurant (General): An establishment which serves
food in or on nondisposable dishes to be consumed
primarily while seated at tables or booths within the
building.
D. 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, excluding any exterior display and sales.
E. Service Business (Off Site): A company that provides
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.
F. Service Business (On Site): An establishment that
provides 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, tanning salons, laundromats, dry cleaners,
funeral homes and mortuaries, animal grooming,
appliance repair, tailor shops, travel bureaus.
COMPREHENSIVE PLAN: The Lakeville Comprehensive Plan, which
includes various chapters addressing land use,
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transportation, water system,
resources, wetland management,
and capital improvements.
sanitary sewer, water
parks, trails and open space
CONDOMINIUM OR COMMON INTEREST COMMUNITIES: A development
containing individually owned units and jointly owned and
shared areas wherein the boundaries are defined by a
condominium plan or common interest community in accordance
with Minnesota Statutes Chapters 515, 515A or 515B, as
amended.
DWELLING, SENIOR HOUSING: A dwelling with open occupancy
limited to persons over fifty five (55) years of age.
DWELLING UNIT: A residential building or portion thereof
intended for occupancy by one 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 except within the Shoreland Overlay
District where these uses shall be considered dwelling
units.
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, utility substations 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.
FAMILY: An individual or group that maintains a common
household and use of common cooking and kitchen facilities
and common entrances to a single dwelling unit, where the
group consists of:
1. Two (2) or more persons each related to the other by
blood, marriage, domestic partnership, adoption, legal
guardianship (including foster children); or,
2. Not more than four (4) unrelated persons.
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FENCE: Any partition, structure, wall or gate erected as a
dividing mark, barrier or enclosure.
FILLING: The act of depositing any rock, soil, gravel, sand
or other material to raise the existing elevation of a
property.
FLAG: Any fabric, usually rectangular, of distinctive
design that is used as a symbol, signaling device, sign, or
decoration.
GARAGE, PRIVATE (RESIDENTIAL): A detached accessory
building or attached accessory portion of the principal
building which is primarily intended for and used to store
the private motor vehicles of the family resident upon the
premises.
GREENHOUSE: An enclosed building, permanent or portable,
which is used for the growing of small plants.
LOT, BASE: Lots meeting all the specifications in the
zoning district prior to being subdivided into unit lots.
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.
LOT, UNIT: Lots created from the subdivision of a base lot
for the purpose of developing detached townhouse, two -
family, attached townhouse or condominium residential,
commercial or industrial developments or developments with
more than one principal structure on a lot whereby the
individual units have title to the portion of land that is
generally underlying the structure.
OFF PREMISES SIGN: A commercial speech sign, including
billboards, which directs the attention of the public to a
business, activity conducted, or product sold or offered at
a location not on the same lot where such sign is located.
For purposes of the sign ordinance, easements and other
appurtenances shall be considered to be outside such lot
and any sign located or proposed to be located in an
easement or other appurtenance shall be considered an off
premises sign.
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PARKING STALL: An area enclosed in the principal building,
in an accessory building, or unenclosed, sufficient in size
to store one motor vehicle.
PYLON SIGN: Any freestanding sign which has its supportive
structure(s) anchored in the ground and which has a sign
face elevated above ground level by pole(s) or beam(s) and
with the area below the sign face open. Pylon signs may
also be referred to as a pole sign.
TEMPORARY STRUCTURE: A structure that is not permanently
erected on a site.
Section 2. The following definitions included in Section 11 -2 -3 of the City Code
are hereby repealed:
BILLBOARD: See definition of Off Premises Sign.
BLUFF, TOE OF: The lower point of a fifty foot (50') segment
with an average slope exceeding eighteen percent (180).
BLUFF, TOP OF: The higher point of a fifty foot (50')
segment with an average slope exceeding eighteen percent
(18%).
DWELLING, MANOR HOMES: A residential structure with five
(5) to eight (8) units with each unit having a separate
entrance /exit. There may be more than one floor and an
attached garage space.
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.
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.
FREEWAY CORRIDOR AREA: A special signing area encompassing
land located within one thousand five hundred feet (1,500')
either side (east /west) of the centerline of Interstate 35.
HOTEL: Any building or portion thereof occupied as the more
or less temporary abiding place of individuals and
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containing six (6) or more guestrooms, 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.
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, water bodies,
road rights of way, required buffer strips, regional
utility /pipeline easements, and slopes steeper than three to
one (3:1).
POLE SIGN: See definition of Pylon Sign.
TEMPORARY COMMERCIAL STRUCTURE: A structure used on a
temporary basis for an occupation, employment, or
enterprise that is carried on by the owner, lessee, or
licensee.
Section 3. Section 11 -2 -3 of the City Code is hereby amended to include the
following definitions:
AUTOMOBILE REPAIR (MAJOR): General repair, rebuilding or
reconditioning engines, motor vehicles, motorcycles, boats,
recreational vehicles and /or trailers; collision service,
including body, frame or fender straightening or repair;
overall painting or paint job; vehicle steam cleaning.
AUTOMOBILE REPAIR (MINOR): Minor repairs, incidental body
and fender work, painting and upholstering, replacement of
parts and motor services to passenger automobiles and
trucks, motorcycles, boats, recreational vehicles and
other vehicles not exceeding twelve thousand (12,000)
pounds gross weight, but not including any operation
specified under the definition of Automobile Repair
(Major).
BANNER SIGN: A strip of fabric, cloth, vinyl, plastic or
other material upon which a sign is displayed.
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CONTINUING CARE RETIREMENT COMMUNITY (CCRC): A residential
land use that provides multiple elements of senior adult
living combining aspects of independent living with
increased care, as lifestyle needs change with time.
Housing options may include various combinations of senior
adult detached, senior adult attached, congregate care,
assisted living and nursing care aimed at allowing the
resident to live in one community as their medical needs
change. The use may also contain special services such as
medical, dining, recreational and some limited, supporting
retail facilities.
EARTH BERM: A mound or wall of soil, sand or other earth
material covered in grass, plantings or other landscaping
materials.
EQUAL DEGREE OF ENCROACHMENT: A method of determining the
location of floodway boundaries so that flood plain lands
on both sides of a stream are capable of conveying a
proportionate share of flood flows.
FLOOD PROOFING: A combination of structural provisions,
changes, or adjustments to properties and structures
subject to flooding, primarily for the reduction or
elimination of flood damages.
FOUNDATION: The basis on which a structure stands, is
founded, or is supported.
GOLF COURSE: An area of land laid out for playing golf
typically with a series of nine to 18 holes with tees,
fairways, putting greens and natural or man -made hazards.
Term includes related practice, grounds keeping and
clubhouse or banquet facilities.
HOTEL: Any building or portion thereof occupied as the more
or less temporary lodging of transient persons and guest
related services for compensation, whether the compensation
be paid directly or indirectly.
LOWEST FLOOR: The lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant
enclosure, used solely for parking of vehicles, building
access, or storage in an area other than a basement area,
is not considered a building's lowest floor.
Obstruction: Any dam, wall, wharf, embankment, levee,
dike, pile, abutment, projection, excavation, channel
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modification, culvert, building, wire, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or
projecting into any channel, watercourse, or regulatory
flood plain which may impede, retard, or change the
direction of the flow of water, either in itself or by
catching or collecting debris carried by such water.
Reach: A hydraulic engineering term to describe a
longitudinal segment of a stream or river influenced by a
natural or man -made obstruction. In an urban area, the
segment of a stream or river between two consecutive bridge
crossings would most typically constitute a reach.
Substantial Damage: Damage of any origin sustained by a
structure where the cost of restoring the structure to its
before damaged condition would equal or exceed 50 percent
of the market value of the structure before the damage
occurred.
Substantial Improvement: Within any consecutive 365 -day
period, any reconstruction, rehabilitation (including
normal maintenance and repair), repair after damage,
addition, or other improvement of a structure, the cost of
which equals or exceeds 50 percent of the market value of
the structure before the "start of construction" of the
improvement. This term includes structures that have
incurred "substantial damage," regardless of the actual
repair work performed. The term does not, however, include
either:
1. Any project for improvement of a structure to correct
existing violations of state or local health, sanitary,
or safety code specifications which have been identified
by the local code enforcement official and which are the
minimum necessary to assure safe living conditions.
2. Any alteration of an "historic structure," provided that
the alteration will not preclude the structure's
continued designation as an "historic structure." For
the purpose of this Ordinance, "historic structure"
shall be as defined in 44 Code of Federal Regulations,
Part 59.1.
Section 4. Section 11 -3 -3.A of the City Code is hereby amended to read as
follows:
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A. Request for text and map amendments to the zoning
ordinance shall be filed with the Zoning Administrator
on an official application form. Such application shall
be accompanied by a fee as provided by City Council
resolution. The request shall be considered as being
officially submitted when all the information
requirements are complied with as determined by the
Zoning Administrator. In cases when an application is
judged to be incomplete, the Zoning Administrator or
their designee shall notify the applicant, in writing,
of what information must be provided for the
application to be deemed complete within fifteen (15)
business days from the date of submission.
Section 5. Section 11 -4 -3.A of the City Code is hereby amended to read as
follows:
A. Request for conditional use permits, as provided within
this Title, shall be filed with the Zoning
Administrator on an official application form. Unless
modified by the Zoning Administrator, such application
shall be accompanied by a fee as provided for by City
Council resolution. The request shall be considered as
being officially submitted when all the information
requirements are satisfied. In cases where an
application is judged to be incomplete, the Zoning
Administrator or their designee shall notify the
applicant, in writing, of what information must be
provided for the application to be deemed complete
within fifteen (15) business days from the date of
submission.
Section 6. Section 11 -4 -31 of the City Code is hereby amended to read as
follows:
L. Approval of a request shall require passage by a
majority vote of the City Council.
Section 7. Section 11 -4 -3.M of the City Code is hereby amended to read as
follows:
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
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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 a majority vote of the City
Council.
Section 8. Section 11 -4 -11 of the City Code is hereby amended to read as
follows:
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 City. Requests for permit modifications
shall be processed according to Section 11 -4 -3 of this
Chapter and shall be subject to all requirements and
standards of this Chapter, except that those permit
modifications meeting the following criteria, as determined
by the Zoning Administrator, may be approved
administratively in accordance with Chapter 8 of this
Title:
A. Only applications for preexisting uses or uses
explicitly classified as allowed uses, including
accessory uses, by the approved conditional use
permit governing the use of the property are
eligible for administrative approval.
B. The permit modification shall not result in an
increase in hours of operation, traffic,
employees, or number of dwelling units, expand
any principal building or otherwise increase the
intensity of the use of the site.
C. The permit modification shall comply with all
requirements of the applicable zoning district
and all other performance standards of this Title
or the City Code.
D. All applications for permit modification shall be
complete and in full accordance with the
requirements of Section 11 -9 -13 of this Title and
all applicable fees shall be paid.
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Section 9. Section 11- 6- 7.B.1.b of the City Code is hereby amended to read as
follows:
b. In cases when an application is judged to be
incomplete, the Zoning Administrator or their designee
shall notify the applicant, in writing, of what
information must be provided for the application to be
deemed complete within fifteen (15) business days from
the date of submission.
Section 10. Section 11- 6- 7.B.2.c of the City Code is hereby amended to read
as follows:
C. In cases when an application is judged to be
incomplete, the Zoning Administrator or their designee
shall notify the applicant, in writing, of what
information must be provided for the application to be
deemed complete within fifteen (15) business days from
the date of submission.
Section 11. Section 11 -7 -9.A of the City Code is hereby amended to read as
follows:
A. The property owner or their agent shall file with the
Zoning Administrator a notice of appeal stating the
specific grounds upon which the appeal is made. Said
application shall be accompanied by a fee as
established by City Council resolution. In cases where
the application is judged to be incomplete, the Zoning
Administrator or their designee shall notify the
applicant, in writing, of what information must be
provided for the application to be deemed complete
within fifteen (15) business days of the date of
submission.
Section 12. Section 11- 8 -3.A.3 of the City Code is hereby amended to read as
follows:
3. The zoning administrator shall review the application
and related materials and shall determine whether the
proposal is in compliance with all applicable
evaluation criteria, codes, ordinances, and applicable
performance standards set forth in this title. In
cases where the application is judged to be
incomplete, the Zoning Administrator or their designee
shall notify the applicant, in writing, of what
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information must be provided for the application to be
deemed complete within fifteen (15) business days of
the date of submission.
Section 13. Section 11 -8 -3.13.1 of the City Code is hereby amended to read as
follows:
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 trash containment, provisions for on-
site parking, and other pertinent information required
by the Zoning Administrator to fully evaluate the
application.
Section 14. Section 11 -9 -5 of the City Code is hereby amended to read as
follows:
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 feet (2')
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 feet (200').
2. Natural features.
3. General location 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.
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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 the
zoning administrator.
B. Any opinions or comments provided to the applicant by
the Zoning Administrator in relation to the sketch plan
shall be considered advisory only and shall not
constitute a binding decision on the request.
Section 15. Section 11 -9 -7.A of the City Code is hereby amended to read as
follows:
A. Filing Of Request: Request for site plan approval, as
provided within this Title, shall be filed with the
Zoning Administrator on an official application form.
Such application shall be accompanied by a fee as
established by 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 or their designee shall notify
the applicant, in writing, of what information must be
provided for the application to be deemed complete
within fifteen (15) business days of the date of
submission.
Section 16. Section 11 -9 -15 of the City Code is hereby amended to read as
follows:
11 -9 -15: PLAN MODIFICATIONS:
An amended site plan involving major changes as determined by
the zoning administrator shall be applied for and administered
as required for a new site plan.
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Section 17. Title 11, Section 9 of the City Code is hereby amended to include
the following provisions:
11 -9 -25: SITE PLAN REVIEW: The Zoning Administrator shall
have the authority to refer a sketch plan or site plan to the
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.
Section 18. Section 11- 15 -3.A of the City Code is hereby amended to read as
follows:
A. Conditional Uses /Interim Uses /Uses By
Administrative Permit: Any legal nonconforming
structure or use that 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.
Section 19. Section 11- 15 -3.B of the City Code is hereby amended to read as
follows:
B. Moving Nonconforming Buildings: Subject to section
11 -17 -25 of this title, no nonconforming building,
structure or use shall be moved to another lot or
to any other part of the parcel of land upon which
the same was constructed or was conducted at the
time it became a legal nonconformity, unless such
movement will reduce the nonconformity.
Section 20. Section 11 -15 -3. D of the City Code is hereby amended to read as
follows:
D. Continuance Of Legal Nonconformity: Any legal
nonconformity, including the lawful use or
occupation of land or premises existing at the
time of the adoption of an additional control
under this chapter, may be continued, including
through repair, replacement, restoration,
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maintenance, or improvement, but not including
expansion, except as specifically provided in this
chapter, unless:
1. The nonconformity or occupancy is
discontinued for a period of more than one
year; or
2. Any nonconforming use is destroyed by fire or
other peril to the extent of greater than
fifty percent (500) of its market value, and
no building permit has been applied for
within one hundred eighty (180) days of when
the property is damaged. In this case, the
city of Lakeville may impose reasonable
conditions upon a building permit in order to
mitigate any newly created impact on adjacent
property.
3. Any subsequent use or occupancy of the land
or premises shall be a conforming use or
occupancy.
Section 21. Section 11 -15 -3 of the City Code is hereby amended to include the
following provision:
E. For the purposes of this Section, the following
terms shall be defined as follows:
1. "Expansion ", "enlargement ", or
"intensification" shall mean any increase
a dimension, size, area, volume, or height
any increase in the area of use, any
placement of a structure or part thereof
where none existed before, any addition of
site feature such as a deck, patio, fence,
driveway, parking area, or swimming pool,
any improvement that would allow the land
be more intensely developed, any move of
operations to a new location on the
property, or any increase in intensity of
use based on a review of the original
nature, function or purpose of the non-
conforming use, the hours of operation,
traffic, parking, noise, exterior storage,
signs, exterior lighting, types of
operations, types of goods or services
in
to
offered, odors, area of operation, number of
employees, and other factors deemed relevant
by the city.
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2. "Improvement" shall mean making the non-
conforming use better, more efficient, or
more aesthetically pleasing, including any
change that does not replicate what pre-
existed, but does not include an expansion,
enlargement, or intensification.
3. "Replacement ", "reconstruction" or
"restoration" shall mean construction that
exactly matches pre- existing conditions.
Section 22. Section 11- 15 -5.13 of the City Code is hereby amended to read as
follows:
B. Changes to Nonconforming Uses:
1. When a legal nonconforming 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
nonconforming use.
2. A legal nonconforming use of a structure or
parcel of land may be changed to reduce the
nonconformity of use. Once a nonconforming
structure or parcel of land has been changed,
it shall not thereafter be so altered to
increase the nonconformity.
Section 23. Section 11 -15 -7 of the City Code is hereby amended to read as
follows:
A. Proposed Structure: Any proposed structure that
will become nonconforming by amendment of this
Title but for which a building permit has been
lawfully granted prior to the effective date of
the amendment, may be completed in accordance with
the approved plans; provided construction is
started within sixty (60) days of the effective
date of the amendment, is not abandoned for a
period of more than one hundred twenty (120) days:
and continues to completion within two (2) years.
The structure shall thereafter be a legal
nonconforming structure.
B. Alterations: Alteration and normal maintenance to
a legal nonconforming building or structure may be
made through the building permit process provided:
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1. The alterations do not expand the foundation
and /or building size (including deck
additions), unless specifically allowed by
this title.
2. The alterations do not increase the building
occupancy capacity or parking demand.
3. The alteration does not increase the degree
of the nonconforming condition of the
building, site or the use.
C. Expansion of Legal Nonconforming Buildings or
Structures:
1. Administrative Approvals: Except in the
environmental protection districts, the
following expansions of legal nonconforming
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 this chapter and this title.
a. Expansion of principal buildings found
to be nonconforming 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 nonconforming detached
accessory structures shall not be
allowed.
2. Conditional Use Permit: Legal nonconforming
commercial, industrial, public, semipublic,
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
nonconformity of the building or site.
b. The new building expansion will conform
to all the applicable performance
standards of this title. A conditional
use permit shall not be issued under
this chapter for a deviation from other
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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 subsection
11 -4 -3E and section 11 -4 -7 of this
title.
Section 24. Section 11 -15 -9 of the City Code is hereby amended to read as
follows:
A. General Restriction. No building, structure or
use shall be erected, constructed or established
on a nonconforming lot unless a variance is
granted by the City, except as otherwise provided
for by this Title.
B. Required Merger of Common Ownership Lots: Except
as provided for in Section 11- 102 -15 of this
Title or as may otherwise be allowed pursuant to
this chapter, if in a group of two (2) or more
contiguous lots or parcels of land owned or
controlled by the same person, any individual lot
or parcel is nonconforming as to lot width, lot
area, or lot frontage such individual lot or
parcel shall not be sold or developed as a
separate parcel of land, but shall be combined
with adjacent lots or parcels under the same
ownership or control so that the combination of
lots or parcels will equal one (1) or more zoning
lots each meeting the full lot requirements of
this title lessening the nonconformity.
1. The designation of a zoning lot pursuant to
this section shall be approved by the zoning
administrator if the zoning lot complies
with the lot requirements of the district in
which it is located and will have a single
tax identification number.
2. Interior lot lines within a designated
zoning lot shall be disregarded in applying
setbacks and other zoning ordinance
standards.
M O.
3. The subdivision of a designated zoning lot
shall be in accordance with Title 10 of the
City Code.
C. Vacant Or Redeveloped Lots: Except in
environmental protection districts established in
Chapter 45 of this Title, legal, nonconforming,
vacant lots of record may be developed for single -
family detached dwellings upon approval of an
administrative permit, provided that:
1. Legally Established: The lot in question was
legally established in accordance with
requirements of this code existing at the
time of its creation and is a separate,
distinct tax parcel.
2. Allowed Use: Single- family residential
dwellings are an allowed use within the base
zoning district.
3. Minimum Lot Size:
a. Sewered Lots: A legal nonconforming lot
having direct access, as determined by
the City Engineer, to municipal sewer
shall be considered buildable provided
measurements for lot area and /or width
meet minimum requirements or are sixty
six percent (660) of the requirement of
the base zoning district.
b. Unsewered Lots: A legal nonconforming
lot not having access to municipal sewer
shall be considered buildable provided
it complies with section 11 -17 -19 of
this title.
C. The lot shall not have more than twenty
five percent (250) impervious surface if
located within the Shoreland Overlay
District.
4. Access: The lot in question has frontage on
and will directly access an improved public
street.
5. Health Concerns: Public health concerns
(potable water and sanitary sewer) can be
adequately addressed.
6. Setback and Yard Requirements: The setback
and yard requirements of the base zoning
district can be achieved while simultaneously
19
resulting in development which complies with
the character and general design of the
immediate area and the objectives of the
comprehensive plan and this title.
D. 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.
Section 25. Section 11- 16 -7.D of the City Code is hereby amended to read as
follows:
D. City Engineer Approval:
1. 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.
2. No modification in grade and drainage flow through
fill, cuts, erection of retaining walls or other
such actions shall be permitted until such plans
have been reviewed and received written approval
from the City Engineer.
3. Prior to the release of the required grading
security, an as -built certificate of survey shall
be submitted to verify that the final as -built
grades and elevations of the lot and building
setbacks are consistent with the approved grading
plan for the development and amendments as
approved by the City Engineer and that all
required property monuments are in place.
Section 26. Section 11 -16 -9 of the City Code is hereby amended to read as
follows:
11 -16 -9: CRYSTAL LAKE WATERSHED DRAINAGE AREA:
Properties within subwatersheds CL -7, CL -9, CL -10, and
CL -11, as identified in the water resources management plan,
as may be amended, shall be limited to seventy percent (700)
impervious surface coverage.
20
Section 27. Section 11 -16 -15 of the City Code is hereby amended to read as
follows:
11- 16 -15: TRAFFIC SIGHT VISIBILITY TRIANGLE:
A. 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.
B. Visibility from any street or driveway shall be
unobstructed above a height of three feet (3'),
measured from where both street or driveway centerlines
intersect within the triangle described as beginning at
the intersection of the projected curb line (or edge of
shoulders for rural sections) of two (2) intersecting
streets or drives, thence forty five feet (45') along
one curb line, thence diagonally to a point forty five
feet (45') from the point of beginning along the other
curb line.
Tr3fic k°isibilitr
Tri&V c
le Street OF Drier V.2)?
�entrrline
T MottA16wed I t
YS ,
CuF6 LI!!t
-00-- 4 1
C.
1. Trees, plantings or landscape arrangements within
the area described by this section that will not
create a total obstruction higher than three feet
(3') shall be allowed.
2. Properties within the C -CBD District shall be
exempt from the provisions of Section 11- 16 -15.B
of this Title.
21
Section 28. Section 11 -16 -17 (exterior lighting) of the City Code is hereby
amended to read as follows:
11- 16 -17: EXTERIOR LIGHTING: Exterior use of lighting
systems shall conform to the following provisions to reduce
light pollution:
A. Intensity.
1. The cumulative light cast by all lights on the
property shall not exceed one hundred fifteen
(115) foot - candles at ground level measured at
any point on the property.
2. No light source or combination thereof which
casts light on a public street shall exceed one
(1) foot - candle meter reading as measured at the
right -of -way or property line.
B. Commercial, Industrial and Institutional Uses. Any
lighting used to illuminate an off - street parking
area, structure, or area shall be arranged so as to
deflect light away from any adjoining property or from
any public right -of -way in accordance with the
following provisions:
1. Shielding:
a. The light fixture shall contain a cutoff
which directs the light at an angle of
ninety (90) degrees or less.
b. For light fixtures located within thirty
(30) feet of residential zoned property,
additional shielding shall be required on
the property line side of the fixture below
the 90 degree cutoff to direct light away
from the residential property.
C. Lighting of entire facades of a building
shall only utilize illuminating devices
mounted on top and facing downward onto the
structure.
d. The following shall be exempt from the
shielding requirements established by
Section 11- 16- 17.B.1.a to c of this Title.
22
(1) Internally illuminated signs and signs
with electronic displays as may be
allowed by Chapter 23 of this Title.
(2) Light fixtures used to illuminate
outdoor recreation areas subject to
approval of an interim use permit.
2. Search Lights. The use of search lights, with
incandescent lights only, shall require an
administrative permit and shall be limited to not
more than two (2) events per calendar year.
During any one event, the use of search lights
shall be limited to five (5) days consecutively
and shall only be used during business hours.
C. Height.
1. The maximum height above the ground grade
permitted for poles, fixtures, and light sources
mounted on a pole shall be thirty five (35) feet.
2. A light source mounted on a building shall not
exceed the height of the building.
D. Location. Except for building mounted fixtures within
the C -CBD District, all outdoor light sources shall be
setback a minimum of ten (10) feet from a public
right -of -way and five (5) feet from an interior side
or rear lot line.
E. Glare. Direct or reflected glare from high
temperature processes such as combustion or welding
shall not be visible from any adjoining property.
F. Exceptions. The provisions of this section shall
not apply to the following:
1. Temporary outdoor lighting used during customary
holiday seasons or civic celebrations.
2. Lighting required by a government agency for the
safe operation of airplanes, or security lighting
required on government buildings, structures,
facilities or public right -of -way.
3. Emergency lighting by police, fire, and rescue
authorities.
23
4. Illumination of United States, Minnesota or other
flags with non - commercial speech.
5. Public parks, trails and recreational facilities,
City of Lakeville, ISD 192, ISD 194 and ISD 196
only.
G. Prohibitions. The following outdoor lights
are prohibited:
1. Laser, strobe or flashing lights.
2. Bare light bulbs shall not be permitted in view
of adjacent property or public right -of -way,
unless part of a permanent fixture.
Section 29. Section 11 -17 -7 of the City Code is hereby amended to read as
follows:
11 -17 -7: BUILDING HEIGHT:
A. Building height shall be defined for the purposes of
this title as a distance measured from the mean ground
level to the mean height of the roof as follows:
— MEAN ROOF H DGHT
Li ric
Poirot
-N IEAN GROUND LEVEL
B. The specific regulation of building height within the
various zoning districts shall be as set forth in those
sections of this title.
24
Prak or Ridge
C. No excluded roof equipment or structural element
extending beyond the limited height of a building may
occupy more than twenty five percent (250) of the area
of such roof nor exceed ten feet (10') unless otherwise
noted.
D. The building height limits established herein for
districts shall not apply to the following:
1. Belfries.
2. Church spires.
3. Cupolas and domes which do not contain usable
space.
4. Flagpoles.
5. Parapet walls extending not more than three feet
(3') above the limiting height of the building.
6. Poles, towers and other structures for essential
services.
7. Necessary mechanical and electrical appurtenances,
including but not limited to chimneys or flues,
cooling towers or elevator penthouses.
8. Agricultural buildings on farm properties.
9. Wind energy conversion system towers as regulated by
chapter 29 of this title.
10. Antenna support structures as regulated by chapter
30 of this title.
E. Building heights in excess of the standards established
within the individual zoning districts or this section
may be allowed 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 feet (10') above thirty
25
five feet (35'), front and side yard setback
requirements shall be increased by five feet (5).
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.
Section 30. Section 11 -17 -9 of the City Code is hereby amended to read as
follows:
11 -17 -9: BUILDING TYPE AND CONSTRUCTION: Buildings in
all zoning districts shall maintain a high standard for
exterior architecture to ensure a high quality of
development and land use compatibility that contribute
positively to community image in regard to material
quality, visual aesthetics, permanence and stability and to
prevent use of materials that are unsightly, deteriorate
rapidly, contribute to depreciation of area property
values, or cause urban blight.
A. General Provisions:
1. General Design Concept. Building and /or project
designs shall utilize materials, colors, or
details to meet the intent of these architectural
standards.
2. Design Elements. Projects may be required to
utilize building ornamentation features,
including but not limited to: columns, arches,
parapets, cornices, friezes, canopies, moldings,
dentils, corbels, quoins, rustication, vaults,
domes, and cupolas.
3. Corporate identity. The intent and purpose of
these architectural standards supersede corporate
identity designs; when a corporate identity
design does not meet the intent and purpose of
the architectural standards, the corporate
identity design shall be limited to the area
immediately adjacent to the main entry but shall
otherwise be consistent with the intent of this
Section.
26
4. Area Plans. Projects 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:
a. Central business district: "Historical
Fairfield District Of Downtown Lakeville
Design Guidelines ".
b. Community corridors and gateways: "Corridor
and Gateway Design Study ".
C. Downtown Development Guide.
B. Exterior Building Finishes. For the purpose of this
subsection, materials shall be divided into Grade A,
Grade B, Grade C, Grade D and Grade E categories as
follows:
1. Grade A:
a. Brick.
b. Natural or artificial stone.
c. Glass.
d. Copper panels.
2. Grade B:
a. Integral color specialty concrete block such
as textured, burnished block or rock faced
block.
b. Integral color architecturally precast
concrete panels having an exposed aggregate,
light sandblast, acid etch, form liner,
tooled, natural stone veneer, brick face
and /or cast stone type finish.
C. Masonry stucco.
d. Ceramic.
3. Grade C:
a. Exterior insulation and finish system
(EIFS).
27
b. Opaque panels.
C. Ornamental metal.
d. Fiber - cement exterior siding.
4. Grade D:
a. Integral color smooth as cast concrete
block.
b. Integral color smooth scored concrete block.
C. Integral color smooth as cast concrete
panels.
d. Integral color architecturally precast
concrete panels having a smooth as cast
finish.
e. Glass block.
f. Wood provided that the surfaces are finished
for exterior use or the wood is of proven
durability for exterior use, such as cedar,
redwood or cypress.
5. Grade E:
a. Steel, aluminum.
6. Grade F.
a. vinyl.
7. Steel Or Aluminum Buildings: Except in association
with farms as defined by this title, 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.
8. Integral Color: For the purpose of this section,
exterior finish materials requiring integral color
shall not include natural gray.
9. Foundations: Building foundations not exceeding
one foot (1') and other such portions of a
building's fagade below the elevation of the first
28
floor need not comply with the requirements for
the primary facade treatment or materials.
10. Garage doors, window trim, flashing accent items
and the like, shall not constitute required
materials that make up the exterior finish of a
building for the purposes of this section.
C. Residential Uses:
1. The primary exterior building finish for
residential uses shall consist of Grade A, B, C,
D, E and /or F materials.
2. Required use of exterior building materials for
buildings within the RST -2, RM -1, RH -1 and RH -2
Districts shall be as set forth by the respective
zoning districts.
D. Commercial, Office and Institutional Uses: The exterior
of commercial, office and institutional shall include a
variation in building materials and forms to be
distributed throughout the facade and coordinated into
the design of the structure to create an
architecturally balanced appearance and shall comply
with the following requirements:
1. The exterior building finish shall use at least
three (3) Grade A materials.
2. The exterior building finish shall be composed of
at least sixty five (65) percent Grade A
materials; not more than 35 percent Grade B or
Grade C material and not more than ten percent
Grade D materials.
3. All sides of the principal and accessory
structures are to have essentially the same or
coordinated harmonious exterior finish treatment.
E. Industrial Uses:
1. The primary exterior building finish for buildings
within industrial districts shall consist of Grade
A, B, C, D and /or E materials.
2. Steel or aluminum curtain wall panels (non-
structural, nonload bearing) shall be allowed
within industrial districts provided that:
a. The panels are factory fabricated and
finished with a durable nonfade surface and
29
their fasteners are of a corrosion resistant
design.
b. The building shall be required to be faced
with Grade A, B, C or D material on wall
surfaces abutting public rights of way, a
nonindustrial 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 percent (500) of the metal
or fiberglass wall to remain exposed if it is
coordinated into the architectural design and
is similar to the building frontage.
F. Other Requirements:
1. Buildings may be constructed primarily of one
specific Grade A material provided the design is
obviously superior to the general intent of this
Title, provides variation in detailing, footprint
of the structure or deviations in long wall
sections to provide visual interest.
2. Minor blended color variations shall not be
considered as a separate material, except that a
distinctively different color of brick may be
considered as a second Grade A material.
3. To be counted as a primary material, the product
shall comprise at least five (5) percent of the
exterior wall.
4. The back of parapets that are visible shall be
finished with materials and colors compatible
with the front of the parapet.
5. Exposed roof materials shall be similar to, or an
architectural equivalent of a three hundred (300)
pound or better asphalt or fiberglass shingle,
wooden shingle, standing seam metal roof or
better.
6. Use of contrasting colors for building elements
such as cloth or metal awnings, trim, banding,
walls, entries or any portion of the overall
building shall be minimized, but in no case shall
such coloring exceed ten (10) percent of each
wall area.
30
7. For the purposes of this Section, the allowed
building materials or finishes shall be defined
as:
a. Acid etch shall mean a finish achieved by
casting concrete against a smooth, hard
surface. After removal from the form the
element is allowed to harden to a uniform
hardness. The element is then washed with
an acid solution and scrubbed to remove the
cement surface to a sand level resulting in
a smooth, sand textured surface.
b. Brick shall mean the conventional molded
rectangular block of baked clay, nominal
four -inch width. Thin brick veneer, faux
brick, or decorative brick shall not be
permitted as a building material for
nonresidential structures.
C. Brick face shall mean a precast panel with a
cavity cast in, or a plate cast in if the
brick runs to the bottom of the edge so that
the brick can be set in the panel after its
removal from the form.
d. Cast stone shall mean a finish achieved by
ramming moist zero slump concrete against
smooth rigid formwork until the product is
densely compacted and ready for removal from
the form. After curing, the panel may be
hand rubbed or acid etched.
e. Exposed aggregate shall mean a finish
achieved by:
(1) Casting against a form surface that has
been painted with retarder that retards
the set of the concrete at its surface.
(2) Application of a chemical retarder to
the surface of the form. The retarder
prevents the matrix from hardening at
the surface of the panel to a specific
depth, controlled by the strength of
the retarder. After curing, the
unhardened layer of matrix at the
31
surface of the panel is removed by a
high pressure water washing, thus,
exposing the aggregate used in the
concrete.
(3) Casting concrete against a smooth hard
surface. After removal from the form,
the finished surface is sandblasted to
remove the matrix and expose, as well
as etch, the coarse aggregate.
f. Form liners shall mean a finish achieved by
the use of plaster, rubber, grained wood,
rope or other material as a liner in the
casting form to impart a particular finish
to the face of the panel.
g. Light sandblast shall mean a finish achieved
by casting concrete against a smooth, hard
surface. After removal from the form, the
element is given a light sandblasting
removing the cement skin from the surface
resulting in a smooth, sand textured
surface.
h. Natural stone veneer shall mean a finish
achieved by placing natural stone pieces
into a form and casting concrete behind it
resulting in a precast panel having a
natural stone face.
i. Smooth as cast shall mean concrete placed
against a hard, smooth form work to achieve
a smooth "as cast" finish on the precast
element.
j. Tooled shall mean a finish achieved by
casting concrete against a smooth or
specifically textured or patterned form
work. After removal from the form, the
hardened surface is treated mechanically to
create the desired effect such as "Fractured
Fin" or Bush Hammered ".
8. Brick or stone exteriors shall not be painted
during the life of the exterior materials.
9. Accessory Structures:
32
a. Except in the A -P 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 and exterior
building materials consistent with the
general character of the principal structure
on the lot.
b. Accessory buildings for nonresidential uses,
including those allowed in the residential
districts, shall be of a similar character,
design, and facade as the principal
structure.
10. Expansions:
1. Remodeling or maintenance of existing
buildings that do not increase the floor
area of the existing structure shall be
regulated by Chapter 15 of this Title.
2. Additions of less than fifty (50) percent of
the floor area of the existing building may
use the same or higher grade materials as
the existing structure.
3. Not more than one (1) exterior wall designed
for removal to allow future building
expansion may be allowed to use Grade D
materials notwithstanding other applicable
provisions of this section provided that the
wall does not face a public street.
G. Exceptions: Exceptions to the provisions of this
section may be granted as a conditional use subject to
the following criteria:
1. The use is an essential service as defined by this
title; or,
2. The applicant shall have the burden of
demonstrating that:
a. The proposed building maintains the quality
in design and materials intended by this
Title.
b. The proposed building design and materials
are compatible and in harmony with other
structures within the district.
33
C. The justification for deviation from the
requirements of this section shall not be
based on economic considerations.
Section 31. Section 11- 17- 11.A.1 of the City Code is hereby amended to read
as follows:
1. Cantilever building sections without a foundation and
supported only by one wall of the structure, building
elements supported by a foundation including chimneys,
flues, leaders, sills, pilasters, lintels and other
ornamental features up to ten feet (10') in width, and
cornices, eaves, gutters, and the like may project not
more than two feet (2') into a yard.
Section 32. Section 11- 17- 11.A.4 of the City Code is hereby amended to read
as follows:
4. For detached single- family or two- family dwellings in
the agricultural /rural and residential districts, a one
story enclosed entrance not exceeding ten (10) feet in
width may extend into the front yard setback not more
than five feet (5'), subject to the approval of an
administrative permit and a building permit.
Section 33. Section 11 -17 -17 of the City Code is hereby amended to read as
follows:
11- 17 -17: MINIMUM FLOOR AREA, COMMERCIAL AND INDUSTRIAL
STRUCTURES:
Principal buildings for commercial and industrial uses
having less than two thousand (2,000) square feet of floor
area may only be allowed upon approval of a conditional use
permit as provided for in chapter 4 of this title.
Section 34. Section 11- 17 -19.B of the City Code is hereby amended to read as
follows:
B. Prohibited Structures:
1. Dwelling unit structures other than single- family
detached units are prohibited.
WE
2. Religious facilities, schools and other non -
government institutional uses.
Section 35. Section 11- 17 -19.0 of the City Code is hereby amended to read as
follows:
C. Commercial and Industrial Buildings And Uses: Subject
to the other provisions of this title, commercial and
industrial 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,
for each principal use is
minimum lot size shall not
separate parcels of record
lawfully existing prior to
provided the conditions of
permit are met.
the minimum lot size
Len (10) acres. The
apply to smaller
in separate ownership
November 7, 1977,
the conditional use
2. A conditional use permit shall not be granted
unless it can be demonstrated by means
satisfactory to the city that the use:
a. Will not result in ground water, soil or
other contamination which may endanger the
public health.
b. Will not increase future city utility service
demands and expense.
C. Will not jeopardize public safety and general
welfare.
Section 36. Section 11 -17 -21 of the City Code is hereby amended to read as
follows:
11- 17 -21: MINIMUM LOT AREA:
A. 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.
B. Lots Of Record Established After January 1, 1994:
Except as may be otherwise allowed by this title, the
area of a horizontal plane within the lot lines
excluding "major drainageways ", as defined by the Water
Resources Management Plan, wetlands, water bodies, road
rights of way, required buffer strips, regional
KR
utility /pipeline easements, and slopes steeper than
three to one (3:1).
C
Exceptions.
1. Exceptions to the "lot area" definition provided
for by this section for lots of record created
after January 1, 1994 but not including
preliminary platted lots having legal standing on
January 1, 1994 may be allowed as follows:
a. Steep Slopes: Subject to the approval of an
Administrative Permit, 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 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 percent (1000) as a
result of excluding watercourses as defined
by the Water Resources Management Plan,
wetlands, wetland buffers, water bodies,
public rights of way, regional
utility /pipeline easements, and slopes
steeper than three to one (3:1).
2. Unsewered Single- Family Lots Created After August
4, 2008: Watercourses as defined by the Water
Resources Management Plan, wetlands, wetland
buffers, water bodies, public rights of way,
regional utility /pipeline easements, and slopes
steeper than three to one (3:1) may be included
we
in the minimum lot area for unsewered lots
provided that:
a. The requirements of subsection 11- 17 -19.A of
this chapter shall be met.
b. The lot shall have a minimum gross area of
ten (10) acres with a contiguous buildable
area of at least two and one -half net(2.5)
acres. For the purpose of this section, the
net contiguous buildable area shall mean:
1. The area within the lot watercourses as
defined by the Comprehensive Water
Resources Management Plan, wetlands,
wetland buffers, water bodies, public
rights of way, regional utility /pipeline
easements, and slopes steeper than three
to one (3:1).
2. An area within the lot for the location
of principal and accessory structures
and individual sewage treatment system
meeting required setbacks and having a
minimum width of two hundred (200) feet
in any dimension uninterrupted by those
areas excluded by Section 11-17 -
21.C.2.b.1 of this Section.
3c. A sketch plan shall be submitted by the
property owner taking into consideration the
future watercourses as defined by the Water
Resources Management Plan, wetlands, wetland
buffers, water bodies, public rights of way,
regional utility /pipeline easements, and
slopes steeper than three to one (3:1) that
would be excluded from the minimum lot area
definition at such time that the lot is
served with city sanitary sewer.
Section 37. Section 11 -17 -23 of the City Code is hereby amended to add the
following provision:
F. Site Plan:
1. For lots of record and preliminary platted lots
having legal standing established on January 1,
1994, all site plans for single- family homes shall
37
provide for the location of a two (2) stall
garage, whether or not construction is intended.
2. For lots of record established after January 1,
1994, all site plans for single- family homes must
provide for the location of a three (3) stall
attached garage, whether or not construction is
intended.
Section 38. Section 11- 18 -7.D of the City Code is hereby amended to read as
follows:
D. Attached Garages:
1.
2.
RJR
0
The area of an attached garage shall be measured
by interior dimensions.
Attached garages shall comply with the following
minimum dimension standards:
a. The minimum floor area of an attached garage
shall be four hundred eighty (480) square
feet.
b. Attached garages shall be a minimum of twenty
two twenty feet (22') in width.
The maximum floor area of an attached garage
shall be one thousand (1,000) square feet.
An attached garage shall comply with all building
and setback requirements applicable to the
principal building.
Section 39. Section 11- 18 -7.F of the City Code is hereby amended to read as
follows:
F. Ice Fishing Houses:
1. Ice fishing houses or other such structures not
equipped with wheels or mounted on a trailer
shall be considered accessory buildings and shall
be subject to the setback, square footage and
other regulations of this section.
2. Ice fishing houses or other such structures that
are equipped with wheels or mounted on a trailer
shall be regulated as recreational vehicles in
W:
accordance with Section 11- 22 -5.A.2 of this
Title.
Section 40. Section 11- 18 -7.G of the City Code is hereby amended to read as
follows:
G. Compost Structures And Firewood Piles: Compost
structures and firewood piles shall be considered
accessory uses, shall be limited to rear yards and
shall be setback ten (10) feet from all property lines,
but shall not be subject to limitations applicable to
the number of allowed accessory structures or
individual area and total area allowed for accessory
structures by this Section.
Section 41. Section 11 -18 -7 of the City Code is hereby amended to add the
following provision:
H. Sport Courts: Accessory outdoor recreation surface
areas with permanent fixtures that are enclosed by
fence or that include exterior lighting shall be
subject to the following provisions:
1. The sport court shall be allowed only within the
rear yard, shall not encroach within any drainage
or utility easement, and shall comply with the
following setbacks:
a. Side lot line abutting
a public right -of -way: 30 feet
b. Interior side lot line: 10 feet
C. Rear lot line: 10 feet.
2. Fencing:
a. Fencing enclosing the sport court shall be
integral green, brown or black color mesh
fabric or similar material or vinyl coated
chain link with a minimum opacity of seventy
five (75) percent.
b. The maximum height of the fence shall be six
feet (6') unless located within the
buildable area of the lot or at least 10
Wei
feet from the rear lot line where a maximum
height of eight feet (8') shall be allowed.
C. The fence shall be located within five feet
(5') of the sport court surface.
3. Exterior Lighting:
a. Illumination of the sport court shall comply
with the provisions of Section 11 -16 -10 of
this Title.
b. The sport court shall not be illuminated
between the hours of 10:00 PM and 7:00 AM or
at other times when not in use.
C. Light fixtures illuminating the sport court
shall be within five feet (5')of the
surface.
d. Light fixtures shall not be mounted to a
height greater than fifteen feet (15') and
shall be downcasts with a 90 degree
horizontal cut -off.
e. All electrical wiring shall be located
underground.
Section 42. Section 11- 18 -9.0 of the City Code is hereby amended to read as
follows:
C. Height: Accessory buildings shall comply with the
following height limitations, except as allowed by
conditional use permit:
1. Detached Single- Family Dwellings:
Zoning
District
Maximum
Height
Zoning
District
Maximum
Height
AT
20 feet
RST -1
15 feet
RA
20 feet
RST -2
15 feet
RS-1
20 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
40
2. Detached Accessory Buildings Other Than
Garages: Detached accessory buildings other
than garages shall be limited to fifteen feet
(15 in height on all two - family or
townhouse unit lots.
3. Multiple- Family And Nonresidential Uses:
Detached accessory buildings and structures
shall be limited to twenty feet (20') in
height for all multiple- family and
nonresidential uses.
4. Application for a conditional use permit
under this section may be granted provided
that:
a. There is a functional need for the
additional height while maintaining
that the structure is accessory to the
principal use consistent with the
intent of this title.
b. The additional height is necessary to
maintain an evident architectural
character compatible to the principal
building.
C. In no case shall the height of an
accessory building exceed that of the
principal building on the lot on which
it is located within the RS -3, RS -4,
RST -1, RST -2, RM -1, RM -2, RH -1, RH -2
districts.
Section 43. Section 11 -18 -9. D.1 of the City Code is hereby amended to read as
follows:
1. Except for agricultural buildings on farms, as provided
for by subsection D2 of this section, or as expressly
permitted by conditional use permit, the combination of
accessory buildings and garages shall not exceed either
of the following area limitations per unit or the total
gross floor area of the principal structure, whichever
is least:
41
Percentage Of Minimum Lot
Maximum Allowable
Zoning
Area That May Be Occupied
Floor Area Per Unit
District
Use
By The Accessory Building
S uare Feet
A -P
All uses
Not applicable
Not applicable
RA
Single-family
2 percent
8,712
41
Zoning
District
Use
Percentage Of Minimum Lot
Area That May Be Occupied
By The Accessory Building
Maximum Allowable
Floor Area Per Unit
S uare Feet
RS -1
Single-family
10 percent
2,000
RS -2
Single-family
10 percent
1,500
RS -3
Single- family
10 percent
1,100 (interior lot)
1,250 corner lot
RS -4
Single- family
10 percent
938 (interior lot)
1,125 corner lot
RS -CBD
Single- family
10 percent
840 (interior lot)
1,008 corner lot
RST -1
Single-family
10 percent
1,500
Two-family
10 percent
750
RST -2
Single- family
10 percent
1,100 (interior lot)
1,250 corner lot
Detached townhomes
10 percent
750
Two-family
10 percent
750
RM -1 &
RM -2
Single- family
10 percent
1,100 (interior lot)
1,250 corner lot
Two-family
10 percent
750
Townhouse
10 percent
750
RH -1 &
RH -2
Single- family
10 percent
1,100 (interior lot)
1,250 corner lot
Two-family
10 percent
750
Townhouse
10 percent
750
Section 44. Section 11 -18 -9. D.2 of the City Code is hereby amended to read as
follows:
2. For lots in the RA district and for lots of record in
the RS -1, RS -2, and RS -3 districts created after
January 1, 1994, and lots of record existing before
January 1, 1994 in the RS -1, RS -2 and RS -3 districts
one 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 area provided for by subsection D2a(1)
of this section.
(3) Attached garages on lots of record created
after January 1, 1994 and pre -1994 lots
42
greater than one acre may exceed one thousand
two hundred fifty (1,250) square feet by
conditional use permit subject to the
provisions listed in section 11 -18 -5 of this
chapter.
Section 45. Section 11 -18 -11 of the City Code is hereby amended to read as
follows:
11- 18 -11: WASTE AND RECYCLING RECEPTACLES AND ENCLOSURES:
A. Except as provided for by this Section, all waste and
recycling receptacles shall be stored within the
principal structure or within an accessory enclosure.
B. All waste and recycling receptacles not contained
within principal structures shall be enclosed in
conformance with the following:
1. Exterior Walls: Exterior wall treatment shall be
of similar color and materials. Exterior walls
shall be minimum of six feet (6') in height or one
foot taller than the dumpster being enclosed and
include a maintenance free front gate for access.
2. Location: The enclosure shall be located in the
side or rear yard and be setback a minimum of ten
(10) feet from the property line and shall not be
located within any drainage and utility easement
or required buffer yard.
3. Accessibility: The enclosure must be accessible to
waste and recycling collection vehicles.
4. Screening: The trash /recycling receptacles shall
be fully screened from view of adjacent properties
and the public right of way.
5. Approval: The design and construction of the trash
enclosure shall be subject to the approval of the
Zoning Administrator.
6. Landscaping: Landscaping shall be provided
surrounding trash enclosures to screen the
structure from view of the public right of way and
residential properties in section 21 of this title
for detailed requirements.
C. Recycling Space: Recycling space shall be provided as
required by the Minnesota state building code.
D. All enclosures and receptacles shall be kept in a good
state of repair and waste receptacles shall include
43
secure lids or covers to properly contain the waste and
all gates and doorways into the enclosure shall be kept
closed between garbage pickups.
E. Exceptions:
1. For detached single family dwellings, waste and
recycling receptacles not contained within
principal structures shall be exempt from
conformance with section 11- 18 -11.B of this title,
but shall comply with the following:
a. Receptacles shall be located in side or rear
yards, but not the side of a corner lot or
rear yard of a double frontage lot abutting a
public right -of -way.
b. Receptacles shall be setback a minimum of ten
(10) feet from all property lines.
2. Publicly accessible individual receptacles not
larger than 60 gallons located on commercial,
industrial, institutional or public properties for
convenient disposal of trash items shall be exempt
from the enclosure requirements of Section 11-18 -
ll.B of this title.
3. In the I -CBD, I -1, and I -2 districts, recycling
receptacles do not have to be enclosed in
accordance with Section 11- 18 -11.B of this Title,
but shall be located in the side yard, except in
the case of a corner lot, or rear yard, fully
screened from view, shall comply with accessory
building setback requirements and shall not
contain any putrescible material.
Section 46. Section 11 -19 -5 of the City Code is hereby amended to read as
follows:
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.
Section 47. Section 11 -19 -7. F.2 of the City Code is hereby amended to read as
follows:
44
2. On and off street parking facilities accessory to a
residential use shall be utilized solely for the
parking of licensed and operable vehicles not to exceed
twenty two feet (22') in length and eight feet (8') in
height, except as may be otherwise allowed by this
Title or the following provisions:
a. Parking and /or storage of recreational vehicles
and equipment shall be in accordance with Section
11 -22 -5 of this title.
Section 48. Section 11 -19 -7.1.1 of the City Code is hereby amended to read as
follows:
PARKING LOT DIMENSIONS TABLE
Angle Of
Parking
Stall
Width
Curb
Length
Per Car
Stall
De th
Aisle
Width
Angle Of
Parking
Stall
Width
Curb
Length
Per Car
Stall
De th
Aisle
Width
0`
9
23
9
12
50`
9
11
20
12
9'6"
23
9'6"
12
9'6"
12
20
12
10'0"
23'0"
10'0"
12'0"
10'0"
13'2"
21'0"
12'0"
20`
9
26'4"
1 15'0"
11'0"
60°
9
10'5"
21'0"
1 18'0"
9'6"
27'10
15
110"
9'6"
11
21'3"
18'0"
10'0"
29'3"
15'11 "
11
10 0"
11 6"
21 6"
18 0"
30`
9
18
174
11
70°
9
9'8"
21
19
9'6"
19'0"
17'10"
11
9'6"
10
21
18
10'0
20
18
11
10
10
21
18
40E
9
14
19
12
80 0
9
92"
20'4"
24
9'6"
14'10"
19
12
9'6"
9'8"
20
24
10'0"
15'8"
19'11"
12
10'0"
10
20
24
45 0
9
12'9"
19'10
13
90 0
9
9
20
24
9'6"
13'5"
202"
13'0"
9'6"
9'6"
20'0"
24'0"
10'0"
142"
20'6"
13'0"
10'0"
10'0"
20'0"
24'0"
NOTE: This table pertains to a wall to wall situation. In calculating dimensions, 2 feet may be subtracted from each
stall depth for each overhang and overlap provided that a minimum sidewalk width of three (3) feet is maintained. No
subtraction for overlap is allowed for angles other than 90 degrees.
PARKING AREA AND DRIVE SETBACKS
Dimension
Land Use
Setback
Front yard and side yard
RS and RST districts
15.0 feet
abutting a street setback of
parking and drive to lot line"
RM districts - guest parking for
15.0 feet
townhouse uses
45
Section 49. Section 11 -19 -7.1.6 of the City Code is hereby amended to read as
follows:
MINIMUM DRIVEWAY DISTANCE FROM INTERSECTING STREET
RM districts - all other required
p arkin g
15.0 feet
RH districts - guest parking for
townhouse uses
15.0 feet
Minor
RH districts - all other required
p arkin g
15.0 feet
"A" Minor
C -CBD District
5.0 feet
Street
All other commercial districts
15.0 feet
Arterial
Industrial districts
15.0 feet
Interior side and rear yard
setback of parking to lot line"
All residential districts
5.0 feet
Commercial districts
5.0 feet
Between
Industrial districts
5.0 feet
From private drives
All districts
15.0 feet
Section 49. Section 11 -19 -7.1.6 of the City Code is hereby amended to read as
follows:
MINIMUM DRIVEWAY DISTANCE FROM INTERSECTING STREET
Nearest Intersecting Street
Street With Proposed Driveway
Local
Minor
Major
"B" Minor
"A" Minor
Minimum
Street
Collector
Collector
Arterial
Arterial
Spacing
Between
Adjacent
Driveways
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.
Multiple 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.
Multiple 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. /Instit. /M.F.
90 ft.
90 ft.
220 ft.
220 ft.
220 ft.
200 fL(A)
Multiple Commercial
125 ft.
125 ft.
220 ft.
220 ft.
220 ft.
200 fL A
"B" Minor Arterial
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)
Multiple Commercial
N.P.
N.P.
N.P.
660 ft.
660 ft.
230 ft. B
"A: Minor Arterial
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 fL(B)
Multiple Commercial
N.P.
N.P.
N.P.
N.P.
660 ft.
230 fL 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)
Multiple Commercial
N.P.
N.P.
N.P.
220 ft. D
220 ft. D
N.P. = Not permitted.
A Assumes a speed of 40 mph.
we
(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) Right in - right out.
Section 50. Section 11 -19 -7.1.7 of the City Code is hereby amended to read as
follows:
7. Compliance: Except in the case of single- family and
two - family dwellings, parking areas and their aisles
shall be developed in compliance with the standards
outlined in this chapter and the following provisions:
a. 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:
1. One and one -half inch (1.5 ") wear course.
2. Two inch (2 ") base course.
3. Six inch (6 ") aggregate base (class 5).
4. Subgrade subject to city engineer's
approval.
b. A minimum one (1) lift of surface as required by
this title shall be installed prior to issuance
of a certificate of occupancy or temporary
certificate of occupancy.
Section 51. Section 11- 19- 7.1.10.b(1) of the City Code is hereby amended to
read as follows:
(1) Ten percent (100) for single- family, two -
family, and townhouse dwellings and for all
driveways accessing underground parking
areas.
Section 52. Section 11 -19- 7.1.18 of the City Code is hereby amended to read
as follows:
18. Parking Lot Landscaping. All exposed parking areas
shall be landscaped on all sides in compliance with
chapter 21 of this Title.
47
Section 53. Section 11 -19 -13 of the City Code is hereby amended to add the
following provisions:
Airport Hanger: 1 stall / 1,000 square feet.
Catering Business
/Commercial Kitchen: One stall per two hundred (200)
square feet or one stall for each
employee on the maximum shift,
whichever is greater; plus one
stall for each business vehicle
parked on site.
Senior Housing,
Assisted Living and
Memory Care Units: Four (4) stalls per ten (10)
dwelling units, plus stalls equal
to the number of employees on a
maximum shift.
Section 54. The following provisions of Section 11 -19 -13 of the City Code are
hereby amended to read as follows:
Animal hospital /kennel: One (1) space for each 200 square
feet of floor area.
Funeral Home: Twenty (20) spaces per chapel or
viewing parlor, plus 1 space for
each company vehicle maintained on
site. Adequate stacking space
shall also be provided for staging
funeral processions.
Golf Course: Four (4) stalls per hole plus
fifty (50) percent of the parking
stall requirement for any
associated retail use; On -site
restaurant and /or banquet
facilities shall provide parking
stalls for that use as required by
this Section.
Medical
office or
M .
clinics: One (1) space for each 200 square
feet of floor area.
Office buildings and
professional offices;
banks, public
administration
(other than medical): One (1) space for each 200 square
feet of floor area.
Senior Housing,
Independent Living Units: One (1) stall per dwelling
unit or one (1) stall per two (2)
dwelling units when units are
within a continuing care
retirement community facility.
Section 55. Section 11 -21 -5. D of the City Code is hereby amended to read as
follows:
D. Solid Walls: Solid walls constructed of natural stone,
brick or other masonry material up to eight feet (8')
in height that are not part of buildings may be
constructed only within commercial and industrial
districts and the P -OS District by approval of a
conditional use permit.
Section 56. Section 11-21-5.F.3 of the City Code is hereby amended to read as
follows:
3. Height Within Buildable Area: Fences not to exceed
eight feet (8') in height may be allowed within the
buildable area of a rear yard provided that the fence
is setback ten feet (10') from the rear lot line and
five feet (5') from any side or unit lot line, except
as otherwise allowed by this section.
Section 57. Section 11-21-5.F.4 of the City Code is hereby amended to read as
follows:
4. Setbacks from Public Rights -of -Way:
a. Fences extending across front yards and side yards
abutting a public right of way shall not exceed
forty eight inches (48 ") in height and shall be at
least seventy five percent (750) open space for
M•
the passage of air and light, and shall be setback
a minimum of 10 feet from any lot line abutting a
public right -of -way, except where additional
setback is required by subsection 4.b or 4.c of
this Section.
b. A fence with a height greater than forty eight
inches (48 ") or less than seventy five percent
(750) open space may be constructed within a
required rear yard of a double frontage lot and a
side yard of a corner lot abutting a major
collector or arterial street provided that:
(1) The fence shall be set back fifteen feet
(15') from the property line abutting a major
collector or arterial street on lots of
record and preliminary platted lots having
legal standing established after January 1,
1994.
(2) The fence along a side lot line abutting a
major collector or arterial street right of
way shall not extend into a required front
yard and be no closer to the front lot line
than a point intersecting the front line of
the principal building.
(3) A gate constructed of the same material as the
fence shall be provided in the fence to allow
for maintenance of the street side boulevard
for interior lots.
C. All fences located within any required yard
abutting a public right of way shall maintain the
traffic visibility requirements of section
11 -16 -15 of this title.
Section 58. Section 11- 21 -5.F.5 of the City Code is hereby repealed:
Section 59. Section 11 -21 -5. H of the City Code is hereby amended to read as
follows:
H. Commercial, Institutional and Industrial Fencing:
1. Location:
a. Commercial Districts and Institutional Uses:
Except in a required front yard, or rear or
side yard abutting a public street, fences
may be erected up to eight feet (8') in
height. Fences in excess of eight feet (8'),
all
may be allowed by approval of a conditional
use permit, but shall not be located within a
required front yard.
b. Industrial Districts:
1. Fences may be erected up to a maximum of
eight feet (8') in height, except as may
be allowed by approval of a conditional
use.
2. Fences extending across front yards and
side yards abutting a public right -of-
way shall be at least seventy five
percent (750) open space for the passage
of air and light.
2. Except for fences accessory to essential services,
chain link fences within commercial districts
shall be coated with integral color vinyl and
shall not include vinyl, plastic or metal slats
within the fence.
3. Fences with barbed wire security arms shall be
allowed only within the I -2 District as follows:
a. The fence, measured without the security arm,
shall be erected to a minimum of six feet
(6') in height.
b. 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.
C. Such security arms shall be prohibited within
a required front yard, or rear or side yard
abutting a public street or when located
along a property line abutting a residential
use.
Section 60. Section 11 -21 -9 of the City Code is hereby amended to read as
follows:
11 -21 -9: REQUIRED SCREENING AND LANDSCAPING:
A. Screening: Where any commercial, industrial or
institutional use, except those within the C -CBD or I-
CBD districts, abuts a residential district, that use
shall provide screening along the property line
abutting any property in the residential district.
Screening shall also be provided on the side of a
51
commercial, industrial or institutional use across the
street from a residential district. All the screening
specifically required by this title shall be subject to
section 11 -16 -15 of this title related to traffic
visibility 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 feet (20') in
width and of a sufficient density to provide a
substantially continuous visual screen at maturity
of the installed plantings. This planting strip
shall be designed to provide continuous visual
screening to a minimum height of eight feet (8').
The grade for determining height shall be the
grade elevation of the building, parking lot 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.
2. A fence may also be installed, but not in lieu of
the greenbelt. The fence shall be constructed of
masonry, brick, vinyl or maintenance free
composite materials. Such fence shall provide a
solid screening effect and shall be a minimum of
six feet (6') in height but shall not exceed eight
feet (8') 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 feet (8') in height shall require an
administrative permit subject to the approval of
the Zoning Administrator.
3. Existing landscape material in good condition may
be used to satisfy the requirements of this
Section in whole or part when, in the opinion of
the Zoning Administrator, such material meets the
requirements and intent of this Chapter.
B. Landscaping. Required landscaping for new residential
subdivisions and commercial, industrial or
institutional uses shall include plantings at the
property perimeter, off - street parking perimeter
landscaping and interior landscape plantings as well
52
as required residential buffer yard or transitional
buffer zone plantings.
C. All landscaping required by this section shall conform
to the following standards and criteria:
1. Minimum Size: All plants must at least equal the
following minimum size in conformance with
American Nursery Association standards:
53
Balled and
Burlapped
/Container
Shade Trees
2 -1/2 inch
diameter
Ornamental Trees
2 inch diameter
6 -7 foot - -clump
(Flowering Crabs, Hawthorn
form
Serviceberry, etc.)
Coniferous Evergreen Trees
8 feet
Tall Shrubs and Hedge
Material
3 -4 feet
(Evergreen or Deciduous)
Low Shrubs -- Deciduous
18 -24 inch
Low Shrubs -- Coniferous
Evergreen
18 -24 inch
Spreading Coniferous
18 -24 inch
Evergreen
spread
Notes: If size requirements are met, bare root plant
material may be substituted. Type and mode are dependent
upon time of planting season, availability, and site
conditions (soils, climate, ground water, manmade
irrigation, grading, etc).
53
Caliper N',e ured
6' mve Grequkd Tree an Shru b
Level 5 � . Measurement
Shade and C Form E00mr4mm T ime Shrra6
om amm = I Trees On l Tree
2. Spacing:
a. Plant material centers shall not be located
closer than five feet (5') from the fence
line 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.
b. Where plant materials are planted in two (2)
or more rows, plantings shall be staggered in
rows unless otherwise approved by the zoning
administrator.
C. Deciduous trees intended for screening shall
be planted not more than forty feet (40')
apart. Evergreen trees intended for screening
shall be planted not more than fifteen feet
(15') apart.
d. Where massing of plants or screening is
intended, large deciduous shrubs shall be
planted four feet (4') on center or closer,
and /or, evergreen shrubs shall be planted
three feet (3') on center or closer.
3. 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 August 2,
1999, as recommended in the management plan for
the south creek and tributary channel corridors,
or as approved by the zoning administrator in
accordance with established City policy.
54
4. Design (Except For Pond Slopes Which Shall Be
Subject To The Review And Approval Of The City
Engineer):
a. The landscape plan must
designed site amenities
plant materials, and /or
decorative lighting, ex
etc.) which are largely
aesthetic purposes.
show some form of
(i.e., composition of
creative grading,
terior sculpture,
intended for
b. 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.
C. Turf slopes in excess of three to one (3:1)
are prohibited.
d. All ground areas under the building roof
overhang must be treated with a decorative
mulch and /or foundation planting.
e. Properties developed after May 17, 2010 with
detached townhouse, two family, townhouse or
multiple family dwelling units within the
RST -2, RM or RH District and all commercial,
industrial or institutional uses shall
provide an exterior in- ground irrigation
system within the property where necessary
to ensure that all turf grass, ground cover
of cultivated vegetation, garden, hedges,
trees and shrubbery maintenance can be
accomplished.
f. Trees and shrubs shall not be planted in the
right of way except for designated parkways
and streets as determined by the city
council.
g. All plants required as part of an approved
landscaping plan shall be maintained and kept
alive and in good condition. Dead plants or
plants in poor health shall be replaced in
accordance with the approved landscape plan.
a
5. Earth Berms. Earth berms shall be physical barriers
that block or screen the view similar to a hedge,
fence or wall:
a. The height of the required earth berm shall be
measured from:
(1) Existing grade located next to but not on
the earth berm when provided next to a
common property line;
(2) The grade of the parking lot when used to
screen off - street parking areas; and
(3) From the centerline of the street or center
of the railroad tracks when used to screen
property from adjacent rights -of -way.
b. Earth berms shall be constructed with slopes no
steeper than one (1) foot vertical for each three
(3) feet horizontal, with a minimum two (2) foot
wide crest on top of the berm or as required for
residential buffer yards. Earth berms may
undulate in height and from side -to -side,
provided that the minimum opacity requirements
are met.
C. Protection From Erosion. All earth berms shall
be planted with sod, ground cover, or other
suitable live plant material to protect the earth
berm from erosion so that it retains its height
and shape.
d. A difference in elevation between areas requiring
screening does not constitute an existing earth
berm and shall not be considered as fulfilling
any screening requirement for the purposes of
this section unless otherwise provided for.
e. The earth berm shall contain no less than six
inches (6 ") of topsoil.
6. Landscape Guarantee: All new plants shall be guaranteed
for twelve (12) months from the time planting has been
completed. All plants shall be alive, in good health,
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.
56
D. Off - Street Parking Areas:
1. Perimeter Requirements. All off - street parking
areas with five (5) or more parking spaces or any
parking area within twenty (20) feet of a
residential zoning district shall be screened
from view as follows:
a. Installation of shade, ornamental and /or
evergreen trees in accordance with the
spacing requirements of Section 11- 21 -9.A
and B of this Title.
b. For all commercial and institutional uses,
and for those industrial uses abutting a
major collector or arterial street, a
continuous opaque barrier with a maximum
height of thirty -six (36) inches shall be
provided along the perimeter abutting public
rights -of -way and residentially zoned
properties that consists of plantings,
hedges, decorative or ornamental fences,
walls or earth berms or any combination
thereof.
2. Interior Requirements. Any open off - street
parking area with twenty five (25) or more
parking spaces within commercial zoning districts
shall provide interior landscaping in addition to
the previously required perimeter landscaping.
Interior landscaping may be peninsula or island
types.
a. Landscape Area. For each one hundred (100)
square feet or fraction thereof of off -
street parking area including maneuvering
lanes, a minimum total of five (5) square
feet of interior landscape area shall be
provided.
b. Protection. All landscaped areas shall be
elevated above the pavement and surrounded
by concrete curb except where approved by
the City Engineer for stormwater management
purposes.
57
C. Minimum Dimension. Landscape areas shall be
no less than nine (9) feet in any single
dimension, measured from back of curb to
back of curb.
d. Minimum Area. The minimum landscape area
permitted shall be one hundred sixty (160)
square feet.
e. Vehicle Overhang. Landscaping shall be
setback two (2) feet from parking stalls to
allow parking of vehicles without extending
over the landscaped area.
Section 61. Section 11- 22- 5.A.2.b of the City Code is hereby amended to read
as follows:
b. In the side yard only when abutting an attached or
detached garage, provided that:
(1) The recreational vehicles and equipment are
not closer than five feet (5') from the side
lot line and not within a required buffer
yard.
(2) The area on which the recreational vehicle
and equipment are stored shall be surfaced
with asphalt, concrete or paving brick.
(3) Parking or storage of recreational vehicles
and equipment within the setback required
from a public right -of -way for the side yard
of a corner lot is prohibited.
C. In the rear yard not closer than ten feet (10')
from the rear lot line, five feet (5') from the
side lot lines.
d. On a corner lot not closer than twenty feet (20')
from the property line abutting the side street.
Section 62. Section 11- 22 -5.B.3 of the City Code is hereby amended to read as
follows:
3. The outdoor storage area is surfaced with asphalt,
concrete or pavers with perimeter concrete curb, unless
the City Engineer exempts all or portions of the curb
for stormwater management purposes.
G.
Section 63. Section 11 -23 -5 of the City Code is hereby amended to read as
follows:
11 -23 -5: PERMIT REQUIRED: No sign shall be erected or
existing sign structure expanded without first securing a
permit from the city, except when changing only the face of
the sign without altering the area, height or location of
the sign:
A. The content of the message or speech displayed on the
sign shall not be reviewed or considered in
determining whether to approve or deny a sign permit.
B. Application for a sign permit shall be filed by the
property owner or designated agent with the zoning
administrator on forms to be provided by the city.
C. The zoning administrator shall process and review the
application and related materials and shall determine
whether the proposal is in compliance with all
applicable evaluation criteria, codes, ordinances, and
applicable performance standards set forth in this
title within sixty (60) days of submission of a
complete application.
Section 64. Section 11- 23 -7.B of the City Code is hereby amended to read as
follows:
B. Not more than two (2) signs two (2) square feet or less
in size.
Section 65. Section 11- 23 -7.D of the City Code is hereby amended to read as
follows:
D. All noncommercial signs of
number from forty six (46)
primary in a state general
days following the general
weeks prior to any special
following the special elec
any size posted in any
days before the state
election year until ten (10)
election, and thirteen (13)
election until ten (10) days
tion.
Section 66. Section 11 -23 -15 of the City Code is hereby amended to read as
follows:
11- 23 -15: GENERAL REGULATIONS:
59
A. Accessory Structures: Except as provided for by
subsections M and Y of this section, all signs must be
accessory structures.
B. Standards Adopted: The design and construction
standards as set forth in chapter 4 of the 1997 edition
of the uniform sign code as may be amended, are hereby
adopted.
C. Electrical Signs: The installation of electrical signs
shall be subject to the state's electrical code.
Electrical service to such signs shall be underground.
D. Approval: No sign shall be attached or be allowed to
hang from any building until all necessary wall and
roof attachments have been approved by the zoning
administrator.
E. Trees; Interference: No signs, guys, stays or
attachments shall be erected, placed or maintained on
trees nor interfere with any electric light, power,
telephone or telegraph wires or the supports thereof.
F. Illuminated Signs: Illuminated signs shall be shielded
to prevent lights from being directed at oncoming
traffic in such brilliance that it impairs the vision
of the driver and may not interfere with or obscure
traffic signs or signals. Lighting may not illuminate
any adjacent properties, buildings, or streets.
G. Temporary Signs: The use of banners, pennants and
similar devices for commercial, industrial and
institutional uses shall be subject to the following
provisions:
1. Temporary signs shall require a permit valid for
no more than forty two (42) days during any twelve
(12) month period.
2. The area of a temporary sign shall not exceed
fifty (50) square feet per sign face.
3. Not more than one (1) temporary sign shall be
displayed upon a property at any one time.
H. Placement: No sign or sign structure shall be erected
or maintained that prevents free ingress or egress from
any door, window or fire escape. No sign or sign
structure shall be attached to a standpipe or fire
escape.
I. Structure: A freestanding sign or sign structure
constructed so that the faces are not back to back,
:1
shall not have an angle separating the faces exceeding
twenty degrees (20E) unless the total area of both
sides added together does not exceed the maximum
allowable sign area for that district.
J. Address Sign: Except for farm buildings, at least one
address sign identifying the correct property number as
assigned by Dakota County shall be required on each
principal building in all districts. The number shall
be at least three inches (3 ") in height.
K. Off Premises Signs:
1. Off premise signs are a principal use of property.
An annual license is required for all off premise
signs. Off premise signs must be removed as a
condition of construction of another principal use
upon the property or platting or subdivision
approval for the land on which it is located.
L. Square Footage Calculation: The area within the frame
of a sign shall be used to calculate the square footage
except that the width of a frame exceeding twelve
inches (12 ") shall constitute sign face, and if such
letters or graphics be mounted directly on a wall or
fascia or in such way as to be without a frame the
dimensions for calculating the square footage shall be
the area extending six inches (6 ") beyond the periphery
formed around such letters or graphics in a plane
figure bounded by straight lines connecting the
outermost points thereof. Each surface utilized to
display a message or to attract attention shall be
measured as a separate sign and shall be calculated in
the overall square footage. Symbols, flags, pictures,
wording, figures or other forms of graphics painted on
or attached to windows, walls, awnings, freestanding
structures, suspended by balloons, or kites or on
persons, animals, or vehicles are considered a sign and
are included in calculating the overall square footage.
M. Height:
1. Freestanding Signs. The height of the sign shall
be measured from the ground at the base to the
highest most part of the structure.
M
2. Wall, Canopy or Marquee Signs. The top of a sign,
including its structure, if any, shall be no
higher than the roof of the building to which such
sign may be attached.
N. Landscaping: The area around freestanding signs shall
be landscaped with plantings and maintained in such a
manner to accent and enhance the sign while remaining
sensitive to the natural features of the site.
0. Motor Fuel Facilities: Signs for motor fuel facilities
shall be regulated by the sign provisions for the
zoning district in which the facility is located,
except that:
1. The construction of any freestanding sign shall be
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 feet (15').
b. The sign base and supporting material shall
be equal to at least forty percent (40 %) of
the total allowable sign square footage, and
shall not be counted toward the sign area.
The base shall be attached to the ground for
its entire horizontal width of the sign. The
base shall be stone, brick, or decorative
masonry consistent with the exterior material
of the principal building and shall not
contain any sign copy.
DA
C. Within a freestanding sign, an area not to
exceed twenty (24) square feet shall be
allowed for continuous display (no flashing,
scrolling or other animation) of electronic
or non - electronic changeable copy identifying
current fuel prices in accordance with
Minnesota state statutes section 239.751.
2. 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 percent (200) of the canopy
facade facing a public right of way.
b. The canopy fascia shall not be illuminated,
except for allowed canopy signage.
P. Window Signs: Window signs shall not exceed twenty five
percent (250) of the total area of the window in which
they are displayed.
Q. Adjoining Properties: Separate commercial and
industrial uses on adjoining properties with a common
lot line may each locate a sign on one freestanding
structure subject to approval by the zoning
administrator, provided that:
1. The area of each of the individual business signs
shall be consistent with the applicable district
provisions in section 11 -23 -19 of this chapter.
2. The height of the freestanding sign shall be
consistent with the applicable district provisions
in section 11 -23 -19 of this chapter.
3. The maximum number of signs displayed on a single
structure is two (2) signs.
4. No additional freestanding signs shall be
displayed on the individual properties.
5. An agreement addressing construction, maintenance,
and repair responsibilities and trespass rights is
established and filed with the Dakota County
recorder against the titles of the two (2)
properties involved in the collocated freestanding
sign. Amendment or cancellation of the agreement
shall be allowed only upon written approval by the
zoning administrator.
R. Multiple Occupancy Commercial And Industrial Buildings:
When a single principal building is devoted to two (2)
63
or more commercial or industrial principal uses, signs
shall be allowed subject to review and approval of the
zoning administrator based upon the following
requirements:
1. The maximum individual sign sizes for multiple
occupancy buildings and individual businesses that
may display a sign shall not exceed the maximum
provisions in the same zoning district in section
11 -23 -19 of this chapter.
2. Commercial retail, office, or mixed use multiple
occupancy buildings may display a freestanding
sign consistent with the applicable zoning
district provisions in section 11 -23 -19 of this
chapter.
3. Except as provided for in this subsection T,
individual tenants of a multiple occupancy
building within a commercial or industrial zoning
district shall not display separate wall, canopy,
or marquee signs unless the tenant's business has
an exclusive exterior entrance and subject to the
following requirements:
a. The number of individual wall, canopy, or
marquee signs shall be limited to one per
tenant space except one (1) additional sign
may be displayed on a second fagade for the
tenant of a corner suite or a suite that
extends through the building thus having two
(2) exterior walls.
b. Each sign shall be limited to the maximum
wall sign size permitted in the applicable
zoning district provisions in section
11 -23 -19 of this chapter.
C. The sign shall be located only on the
exterior wall of the tenant space to which
the sign permit is issued, but are not
required to face a public street.
d. A comprehensive sign plan is submitted that
includes all of the following information:
(1) A site plan to scale showing the
location of lot lines, buildings,
structures, parking areas, existing and
proposed signs, and any other physical
features of the area included within the
proposed comprehensive sign plan.
:E
(2) Scale elevations of buildings showing
the location of existing or proposed
wall, canopy, or marquee signs.
(3) To scale plans for all existing and
proposed signs of any type included
within the comprehensive sign plan
indicating area, dimensions, height,
materials, colors, and any means of
illumination.
e. No permit shall be issued for a new or
replacement sign for an individual tenant
except upon a determination by the zoning
administrator that it is consistent with the
approved comprehensive sign plan.
S. Maximum Area Of Signage: On individual properties
within commercial and industrial zoning districts in
cases where no freestanding signs are utilized and
where principal structures have a front yard setback in
excess of that which is required under the applicable
zoning district regulations, the maximum area allowed
for individual wall, canopy or marquee signs may be
increased by one percent (10) for every five feet (5')
of additional setback beyond the zoning district front
yard setback requirement. This increase shall be
limited to a maximum area of one hundred twenty five
percent (1250) and shall be applied only to signs
located on the side of the building facing the yard for
which the calculation was made.
T. Changeable Copy Signs: For commercial and industrial
uses, one (1) forty (40) square foot changeable copy
sign (but not including electronic changeable copy
signs) shall be allowed per site provided that the
changeable copy area of the sign is integrated into the
allowed freestanding sign for the respective zoning
district.
U. Time And Temperature Sign: Within commercial and
industrial zoning districts, an area not to exceed
sixteen (16) square feet within a freestanding or wall
sign shall be allowed for display of an electronic time
and temperature sign subject to the sign provisions for
the zoning district in which the sign is located.
V. Projecting Signs: Projecting signs may be allowed in
commercial districts provided that:
1. There is a minimum of eight feet (8') of clearance
under the base of the sign to the ground below.
M
2. The sign does not project more than five feet (5')
beyond the wall to which it is mounted, may not
project over any vehicular drive aisle or traveled
portion of a public or private street and except
in the C -CBD district may not project over a
public right of way.
3. The area of the projecting sign shall not exceed
twenty four (24) square feet.
W. Billboards: Existing billboards erected prior to
January 1 1980, are an allowed use subject to the
following requirements:
1. The sign is defined as a principal use of the
property upon which a billboard is located. No
approval shall be granted for a second principal
use upon a property when one of the principal uses
is a billboard allowed by this section.
2. The area of the sign shall not exceed four hundred
(400) square feet.
3. The structure shall not exceed forty feet (40') in
height.
Y- Subdivisions:
1. Permanent Signs: One (1) sign shall be allowed
for a subdivision having not less than three (3)
lots or principal buildings at its entrance from a
major collector or arterial street defined by the
Lakeville transportation plan provided that:
a. The area of the face of each sign shall not
exceed one hundred (100) square feet.
b. Freestanding signs shall be limited to a
maximum height of:
(1) Ten (10) feet for residential uses.
(2) Twenty (20) feet for commercial,
industrial and institutional uses.
C. The sign(s) shall be located to accommodate
said sign and related landscaping to meet all
setback requirements. If the sign(s) is to be
located on outlots, the outlots shall be
designated on the preliminary plat and
detailed plans for the area identification
signs shall be submitted with the final plat.
:•
d. The area around the sign shall be landscaped
in such a manner to accent and enhance the
sign while remaining sensitive to the natural
features of the site. Detailed site and
landscape plans shall be included with each
sign permit application and shall be subject
to review and approval of the zoning
administrator.
e. The design and construction of the sign shall
be done with the highest quality materials
and workmanship to keep maintenance and
upkeep costs to a minimum and to minimize the
potential for vandalism. The signs are to be
aesthetically pleasing when designed and
constructed. The sign shall be compatible
with nearby structures in the area. Detailed
construction plans and a materials list shall
be included with each sign permit application
and shall be subject to the review and
approval of the zoning administrator.
2. Temporary Signs: A comprehensive signage plan for
additional temporary signs shall be allowed upon
approval of a final plat for a subdivision having
not less than three (3) lots or approval of site
and building plans for one lot by the zoning
administrator provided that:
a. One (1) sign shall be allowed per project or
subdivision or one sign for each frontage to
a collector or arterial street, whichever is
greater.
(1) The area of the sign face shall not
exceed sixty four (64) square feet.
(2) Freestanding signs shall be limited to a
maximum height of eight feet (8').
b. Model homes as provided for by Chapter 27 of
this Title shall be allowed the following
signs:
(1) One (1) freestanding sign with a sign
face not to exceed thirty two (32)
square feet or a maximum height of eight
(8) feet.
(2) Not more than three (3) flags with a
maximum area of sixteen (16) square feet
per face per flag and maximum height of
twenty four (24) feet shall be allowed
upon lots within the subdivision.
M
C. Unless extended by the Zoning Administrator,
the temporary signs and flags allowed by this
section shall only be displayed for a period
not to exceed three (3) years from the date a
permit is issued for the sign or flag or
until building permits have been issued for
one hundred percent (1000) of the lots within
a final plat or subsequent phases of the same
preliminary plat of a subdivision.
Section 67. Section 11- 23 -17.0 of the City Code is hereby amended to read as
follows:
C. All off premises signs except as allowed by subsections
11- 23 -15.K and W of this chapter.
Section 68. Section 11- 23 -17.E of the City Code is hereby amended to read as
follows:
E. Changeable copy signs, electronic except as allowed by
Section 11- 23 -19.H of this Title.
Section 69. Section 11 -23 -17.0 of the City Code is hereby amended to read as
follows:
Q. Only those signs installed at the direction of the
Minnesota Department of Transportation, Dakota County
or the City of Lakeville shall be located within
public rights -of -way.
Section 70. Section 11- 23 -19.B of the City Code is hereby amended to read as
follows:
B. Within the RS -1, RS -2, RS -3, RS -4, RS -CBD, RSMH, RST -1,
RST -2, RM -1, RM -2, RH -1, or RH -2 district, the
following additional regulations apply:
1. Additional signs shall be allowed upon approval of
a final plat for a subdivision having not less
than five (5) lots provided that:
a. One sign shall be allowed per project or
subdivision or one sign for each frontage to
a major collector or arterial street,
whichever is greater.
::
b. The area of the sign shall not exceed thirty
two (32) square feet.
C. Freestanding signs shall be limited to a
maximum height of eight feet (8').
d. The sign shall not be displayed for a period
to exceed twenty four (24) months from the
date a permit is issued for the sign or until
building permits have been issued for eighty
five percent (850) of the lots or dwelling
units within the subdivision, whichever is
less restrictive.
2. Government buildings and structures, public,
quasi - public or private recreation buildings,
public parks and recreation areas, public and
private educational institutions limited to
accredited elementary, middle or senior high
schools, and religious institutions such as
churches, chapels, temples and synagogues shall be
allowed the following signs:
a. Freestanding Sign:
1. One (1) sign is allowed per lot, except
that (1) additional sign shall be
allowed when there is more than one (1)
entrance from a major collector or
arterial street.
2. The area of each sign may not exceed one
hundred (100) square feet per sign face.
3. The sign shall be a monument type with a
maximum height not to exceed ten feet
(10').
4. Changeable Copy Signs: Within the
allowed area of a freestanding sign, a
maximum of forty (40) square feet of
non - electronic changeable copy shall be
allowed per frontage to a major
collector or arterial street.
b. Wall, Canopy, Or Marquee Signs:
1. For single occupancy buildings, not more
than one (1) sign larger than one
hundred (100) square feet shall be
allowed on one (1) facade fronting a
public street, except in the case of a
corner lot or through lot where one (1)
additional one hundred (100) square foot
69
wall sign may be installed on a second
facade fronting a public street.
2. Additional signs not to exceed forty
eight (48) square feet shall be allowed
for each building entrance.
Section 71. Section 11- 23 -19.0 of the City Code is hereby amended to read as
follows:
C. Within the O -R district the following additional
regulations shall apply:
1. Total Area and Number Of Signs:
a. Freestanding Sign: One sign is allowed per
lot. The area of a freestanding sign may not
exceed fifty (50) square feet each side with
a maximum height of twenty feet (20').
b. Wall, Canopy, Or Marquee Sign: For single
occupancy buildings, not more than one wall,
canopy, or marquee sign shall be permitted on
one facade fronting a public street, except
in the case of a corner lot or through lot
where wall signs may be installed on two (2)
facades fronting a public street. The area of
individual signs shall not exceed fifty (50)
square feet.
Section 72. Section 11- 23 -19.D of the City Code is hereby amended to read as
follows:
D. Within the C -1 district the following additional
regulations shall apply:
1. Total Area and Number Of Signs:
a. Freestanding Sign: One sign is allowed per
lot. The area of a freestanding sign may not
exceed fifty (50) square feet each side with
a maximum height of twenty feet (20').
b. Wall, Canopy, Or Marquee Sign: For single
occupancy buildings, not more than one wall,
canopy, or marquee sign shall be permitted on
one facade fronting a public street, except
in the case of a corner lot or through lot
where wall signs may be installed on two (2)
facades fronting a public street. The area of
70
individual signs shall not exceed sixty four
(64) square feet.
2. Freeway Corridor Area: Signs for uses within the
freeway corridor area shall be subject to the
regulations of subsection G of this section.
Section 73. Section 11- 23 -19.E of the City Code is hereby amended to read as
follows:
E. Within the C -2, C -3, and C -CBD zoning districts the
following additional regulations shall apply:
1. Total Area and Number Of Signs:
a. Freestanding Sign: One sign is allowed per
lot. The area of a freestanding sign may not
exceed one hundred (100) square feet each
side with a maximum height of twenty feet
(20').
b. Wall, Canopy, Or Marquee Sign:
(1) For single occupancy buildings, not
more than one wall, canopy, or
marquee sign shall be permitted on
one facade fronting a public street,
except:
(a) In the case of a corner lot or
through lot where wall signs
may be installed on not more
than two (2) facades fronting
a public street.
(b) In the case of a single
occupancy building or single
tenant space with a gross
floor area of forty five
thousand (45,000) square feet
or larger, additional
secondary wall signs shall be
allowed on one facade fronting
a public street.
(c) Within the C -CBD district, one
additional sign shall be
allowed to be displayed on a
side or rear wall of a
building, which may or may not
front a public street.
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(2) The area of individual signs shall
not exceed one hundred (100) square
feet, except:
(a) The area of one individual
sign for single occupancy
buildings or individual tenant
spaces with a gross floor area
of forty five thousand
(45,000) square feet or larger
shall not exceed four hundred
forty (440) square feet. If a
second sign is allowed for a
single occupancy building or
individual tenant with a gross
floor area of forty five
thousand (45,000) square feet
or larger by subsection E1b of
this section, the area of the
second individual sign shall
not exceed two hundred (200)
square feet.
(b) The total area of all
secondary wall signs allowed
by subsection E1b of this
section for a single occupancy
building or individual tenant
space with a gross floor area
of forty five thousand
(45,000) square feet or more
shall not exceed one hundred
forty four (144) square feet
and the area of any one
secondary wall sign shall not
exceed seventy two (72) square
feet.
2. Freeway Corridor Area: Signs for uses within the
freeway corridor area shall be subject to the
regulations of subsection G of this section.
Section 74. Section 11- 23 -19.F of the City Code is hereby amended to read as
follows:
F. Within the O -P, I -CBD, I -1, and I -2 districts the
following additional regulations shall apply:
1. Total Sign Area and Number:
a. Freestanding Sign: One sign is allowed per
lot. The area of a freestanding sign may not
72
exceed one hundred (100) square feet each
side with a maximum height of ten feet (10').
b. Wall, Canopy, Or Marquee Sign: For single
occupancy buildings, not more than one wall,
canopy, or marquee sign shall be permitted on
one facade fronting a public street, except
in the case of a corner lot or through lot
where wall signs may be installed on two (2)
facades fronting a public street. The area of
individual signs shall not exceed one hundred
(100) square feet.
2. Freeway Corridor Area: Signs for uses within the
freeway corridor area shall be subject to the
regulations of subsection G of this section.
Section 75. Section 11- 23 -19.G of the City Code is hereby amended to read as
follows:
G. Within the freeway corridor district, defined on the Zoning
Map, the following additional regulations shall apply to all
C and I district properties:
1. Total Sign Area and Number:
a. Freestanding Sign:
(1) One (1) sign is allowed per lot.
(2) The area of a sign may not exceed one
hundred fifty (150) square feet each
side, except that the area of a sign for
single occupancy buildings with a gross
floor area of one hundred thousand
(100,000) square feet or larger shall
not exceed four hundred (400) square
feet.
(3) Height:
(a) The maximum height of the sign shall
not exceed thirty (30) feet, except
that the height of the sign for single
occupancy buildings with a gross floor
area of one hundred thousand (100,000)
square feet or larger shall not exceed
fifty (50) feet.
(b) For convenience food, hotel, motor fuel
and restaurant uses developed on
properties with an elevation below that
73
of the centerline of I -35, measured at
the closest distance between the sign
location and centerline of I -35, may
increase the height of a freestanding
sign to be not more than thirty (30)
feet above the centerline elevation of
I -35 with a total height not to exceed
seventy (70) feet.
b. Wall, Canopy, Or Marquee Sign:
(1) For single occupancy buildings, not more
than one wall, canopy, or marquee sign
shall be permitted on one facade
fronting a public street, except:
(a) In the case of a corner lot or
through lot where wall signs
may be installed on not more
than two (2) facades fronting
a public street.
(b) In the case of a single
occupancy building or single
tenant space with a gross
floor area of forty five
thousand (45,000) square feet
or larger, additional
secondary wall signs shall be
allowed on one facade fronting
a public street.
(2) The area of individual signs shall not
exceed one hundred (100) square feet,
except:
(a) The area of one individual
sign for single occupancy
buildings or individual tenant
spaces with a gross floor area
of forty five thousand
(45,000) square feet or larger
shall not exceed four hundred
forty (440) square feet. If a
second sign is allowed for a
single occupancy building or
individual tenant with a gross
floor area of forty five
thousand (45,000) square feet
or larger by subsection G1b of
this section, the area of the
second individual sign shall
not exceed two hundred (200)
square feet.
74
(b) The area of individual signs
for single occupancy buildings
or individual tenant spaces
with a gross floor area of one
hundred thousand (100,000)
square feet or larger shall
not exceed six hundred (600)
square feet.
(c) The total area of all
secondary wall signs allowed
by subsection G1b of this
section for a single occupancy
building or individual tenant
space with a gross floor area
of forty five thousand
(45,000) square feet or more
shall not exceed one hundred
forty four (144) square feet
and the area of any one
secondary wall sign shall not
exceed seventy two (72) square
feet.
Section 76. Section 11- 23 -19.H of the City Code is hereby amended to read as
follows:
H. Within the P -OS district the following additional
regulations shall apply:
1. Freestanding Sign:
a. One (1) sign is allowed per lot, except that
(1) additional sign shall be allowed when
there is more than one (1) entrance from a
major collector or arterial street.
b. The area of each sign may not exceed one
hundred (100) square feet per sign face.
C. The sign shall be monument type with a
maximum height not to exceed ten feet (10').
d. Changeable Copy Signs:
(1) Within the allowed area of a
freestanding sign, a maximum of forty
(40) square feet of non - electronic
changeable copy shall be allowed per
frontage to a major collector or
arterial street.
75
(2) For City of Lakeville public
administration, fire stations, police
department buildings, ice arenas and
public maintenance buildings and ISD
192, ISD 194 and ISD 196 School
District uses only, the changeable copy
sign allowed by this Section may
utilize electronic changeable copy.
2. Wall, Canopy, Or Marquee Signs:
a. For single occupancy buildings, not more than
one (1) sign shall be allowed on one (1)
facade fronting a public street, except in
the case of a corner lot or through lot where
one (1) additional one hundred (100) square
foot wall sign may be installed on a second
facade fronting a public street.
b. Additional signs not to exceed forty
eight(48) square feet shall be allowed for
each building entrance.
Section 77. Title 11, Chapter 23 of the City Code is hereby amended to include
the following provision:
11- 23 -21: SETBACKS:
Except as otherwise required by
freestanding signs shall be set
from any property line abutting
five feet (5') from any side or
Section 78. Section 11 -26 -7 of the City C
follows:
this Chapter, all
back fifteen feet (15')
a public right of way and
rear property line.
;ode is hereby amended to read as
11 -26 -7: CONDITIONAL USE PERMIT REQUIRED:
All transmission pipelines (i.e., pipelines not required for
local distributing network), overhead transmission and
substation lines in excess of 33kV and up to 100kV and
public transit and park- and -ride facilities 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.
76
Section 79. Section 11 -26 -9 of the City Code is hereby amended to add the
following provision:
G. Public transit and public park- and -ride shelters and
walkways may be located within public rights -of -way or
on individual lots and shall be exempt from the
setbacks required from public rights -of -way by the
zoning district in which it is located.
Section 80. Section 11- 27 -7.F of the City Code is hereby amended to read as
follows:
F. The administrative permit shall terminate three (3)
years from its date of issuance or when building
permits have been issued for all of the lots within a
final plat or subsequent phases of the same preliminary
plat of a subdivision, whichever comes first, unless
extended by the zoning administrator.
Section 81. Title 11, Chapter 29 of the City Code is hereby amended to read as
follows:
CHAPTER 29
ALTERNATIVE ENERGY SYSTEMS
SECTION:
11-
29 -
-1:
Purpose
11-
29 -
-3:
Wind Energy Conversion Systems (WECS)
11-
29 -
-5:
Solar Energy Systems
11-
29 -
-7:
Ground Source Heat Pump Systems
11-
29 -
-9:
Hydronic Furnaces
11 -29 -1: PURPOSE:
The purpose of this Chapter is to establish standards alternative
energy systems shall be governed within the City.
11 -29 -3: WIND ENERGY CONVERSION SYSTEMS (WECS):
A. Application:
1. Accessory Use:
77
1. Administrative Permit: Installation of one
(1) wind energy conversion system that
conforms to the height limits of the
respective zoning district may be allowed as
a permitted accessory use subject to
approval of an administrative permit within
any zoning district of the City and subject
to the regulations and requirements of this
Chapter.
2. Interim Use: Installation of one (1) wind
energy conversion systems exceeding the
height limit of the respective zoning
district may be allowed as an accessory use
subject to approval of an interim use permit
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, industrial or
public -open space district or is constructed
and maintained on any parcel of at least two
and one -half (2 acres in size.
2. 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 out the purpose and
provisions of this Chapter.
3. 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:
a. Location and height of all buildings, structures,
aboveground utilities and trees on the lot,
including both existing and proposed structures
and guy wire anchors.
b. Location and height of all adjacent buildings,
structures, aboveground utilities and trees
located within three hundred fifty feet (350') of
the exterior boundaries of the property in
question.
C. Sketch elevation drawing of the premises
accurately depicting the proposed WECS and its
relationship to structures on the subject site and
adjacent lots.
4. Applications for an interim use permit under this
Section shall include studies documenting sufficient
access to unobstructed wind necessary for operation of
the proposed turbine.
B. Code Compliance:
1. 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.
2 . 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.
C. 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 reasonably expected in severe weather operation
conditions.
D. Design Standards:
1. Height:
a. The permitted maximum height of a WECS shall be
determined in one 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 foot to one foot (1':1')
between the 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').
b. 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 regulations.
79
2. Setbacks: No part of a WECS shall be located within or
above any required front, side or rear yard setback.
WECS towers shall be setback from the closest property
line one foot (1') for every one foot (1') of system
height. WECS shall not be located within thirty feet
(30') of an aboveground utility line.
3. Installation:
a. All towers used to support a WECS shall be a
monopole design certified by a structural engineer
or manufacturer that the pole is capable of
supporting the WECS.
b. WECS installed on an existing structure shall
require certification of a structural engineer
that the existing structure is capable of
supporting the WECS.
4. Rotor Clearance: Blade arcs created by the WECS shall
have a minimum of thirty feet of clearance over any
structure or tree within a five hundred (500) foot
radius.
5. 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 miles per hour or
greater).
6. Electrical:
a. All utilities shall be installed underground.
b. An exterior utility disconnect switch shall be
installed at the electric meter serving the
property.
C. Each WECS shall be grounded to protect against
natural lightning strikes in conformance with the
National Electrical Code as adopted by the City.
7. Tower Access: To prevent unauthorized climbing, WECS
towers must comply with one of the following
provisions:
a. Tower climbing apparatus shall not be located
within twelve feet (12') of the ground.
b. A locked anti -climb device shall be installed on
the tower.
:1
C. Towers capable of being climbed shall be enclosed
by a locked, protective fence at least six feet
(6') high.
8. Signs: WECS shall have one sign, not to exceed two (2)
square feet posted at the base of the tower and said
sign shall contain the following information.
a. Warning high voltage.
b. Manufacturer's name.
C. Emergency phone number.
d. Emergency shutdown procedures.
9. Color /Lighting:
a. WECS under one hundred seventy five feet (175') in
height shall be painted a noncontrasting color
consistent with the surrounding area such as: sky
blue, gray, or brown, and have a galvanized or
oxidized finish to reduce visual impact.
b. WECS shall not have affixed or attached any
lights, reflectors, flasher or any other
illumination, except for illumination devices
required by FAA regulations.
10. Electromagnetic Interference: WECS shall be designed and
constructed so as not to cause radio and television
interference.
11. Noise Emission:
a. Within residential districts, noises emanating
from the operation of WECS shall not exceed 10 db
above ambient area noise levels.
b. In all other districts, 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.
12. 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.
E. 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.
F. 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.
G. Abandonment:
1. Any WECS or tower which is not used for twelve (12)
successive months shall be deemed abandoned and shall
be dismantled and removed from the property at the
expense of the property owner.
2. An interim use permit allowing for installation of a
WECS under this section shall terminate upon the
occurrence of any of the following events, whichever
occurs first:
a. The property on which the WECS is located is
zoned to other than an agricultural, commercial
industrial or public -open space district.
b. The property on which the WECS is located is
subdivided and the resulting lot area is less
than 2.5 acres.
C. Any of the events outlined by Section 11 -5 -7 of
this Title.
11 -29 -5: SOLAR ENERGY SYSTEMS:
A. Accessory Use.
1. Solar energy systems shall be allowed as a permitted
accessory use in all zoning districts in accordance
with the standards in this Section.
2. The following systems shall be exempt from the
requirements of this section and shall be regulated as
any other building element:
a. Building integrated solar energy systems that are
an integral part of a principal or accessory
building, rather than a separate mechanical
device, replacing or substituting for an
architectural element or structural component
including, but not limited to, photovoltaic or hot
82
water solar energy systems contained within
roofing materials, windows, skylights and awnings.
b. Passive solar energy systems that capture solar
light or heat without transforming it into another
form of energy or transferring the heat via a heat
exchanger.
B. System Standards:
1. Electrical:
a. All utilities shall be installed underground.
b. An exterior utility disconnect switch shall be
installed at the electric meter serving the
property.
C. Solar energy systems shall be grounded to protect
against natural lightning strikes in conformance
with the National Electrical Code as adopted by
the City.
d. No solar energy system shall be interconnected
with a local electrical utility company until the
utility company has reviewed and commented upon
it. The interconnection of the solar energy system
with the utility company shall adhere to the
National Electrical Code as adopted by the City.
2. Maximum Area: Ground mounted solar energy systems
shall be limited to a maximum area of one hundred
twenty (120) square feet.
3. Color: All roof - mounted solar energy systems shall use
colors that are the same or similar with the color of
the roof material of the building on which the system
is mounted.
C. Location:
1. Roof mounting.
a. The solar energy system shall comply with the
maximum height requirements of the applicable
zoning district.
b. The solar energy system shall not extend beyond
the perimeter of the exterior walls of the
building on which it is mounted.
2. Ground mounting.
JIM
a. The solar energy system shall only be located in
the rear yard as defined by this Title.
b. The solar energy system shall comply with the
maximum height requirements for accessory
buildings for the applicable zoning district.
C. All components of the solar energy system shall be
setback a minimum of five (5) feet from interior
side lot lines and ten (10) feet from rear lot
lines.
d. Solar energy systems shall not encroach upon
drainage and utility easements.
D. Screening: Solar energy systems shall be screened in
accordance with the requirements of Section 11 -21 -13 of this
Title to the extent possible without affecting their
function.
E. Certification. The solar energy system shall be certified
by Underwriters Laboratories, Inc. and comply to the
requirements of the International Building Code.
F. Abandonment: Any solar energy system which is inoperable
for twelve (12) successive months shall be deemed to be
abandoned and shall be deemed a public nuisance. The owner
shall remove the abandoned system at their expense after
obtaining a demolition permit.
G. Building Permit. A building permit shall be obtained for
any solar energy system prior to installation.
11 -29 -7: GROUND SOURCE HEAT PUMP SYSTEMS:
A. Accessory Use.
1. Ground source heat pump systems shall be allowed as a
permitted accessory use in all zoning districts in
accordance with the standards in this Section.
2. Ground source heat systems in public water bodies or
water bodies owned or managed by the City of Lakeville
shall be prohibited except when accessory to a City of
Lakeville facility.
B. System Requirements:
1. All ground source heat pump systems shall be closed
loop systems that circulate heat transfer fluids as
allowed by this section through pipes or coils buried
beneath the land surface.
:11
2. Heat transfer fluids shall be limited to non - toxic,
food grade fluids such as potable water, aqueous
solutions of propylene glycol not to exceed twenty (20)
percent by weight or aqueous solutions of potassium
acetate not to exceed twenty (20) percent by weight.
C. Location:
1. Ground source heat pump systems shall only be located
in the rear yard as defined by this Title.
2. All components of ground source heat pump systems shall
be setback a minimum of five (5) feet from interior
side lot lines and ten (10) feet from rear lot lines.
3. Ground source heat pump systems shall not encroach upon
drainage and utility easements.
D. Screening. Ground source heat pump systems shall be
screened in accordance with the requirements of Section 11-
21-13 of this Title.
E. Certification: The ground source heat pump system shall be
certified by Underwriters Laboratories, Inc. and comply to
the requirements of the International Building Code.
F. Abandonment: Any ground source heat pump system which is
inoperable for twelve (12) successive months shall be deemed
to be abandoned and shall be deemed a public nuisance. The
owner shall remove the abandoned system at their expense
after obtaining a demolition permit as follows:
1. The heat pump and any external or above ground
mechanical equipment shall be removed.
2. Pipes or coils below the land surface have be filled
with grout to displace the heat transfer fluid, which
is to be captured and disposed of in accordance with
State and Federal regulations.
3. The top of the pipe, coil or boring shall be uncovered
and sealed.
G. Building Permit.
1. A building permit shall be obtained for any ground
source heat pump system prior to installation.
2. Borings for ground source heat pump systems where the
pipes or coils are installed vertically below the land
shall also be subject to approval by the Minnesota
Department of Health.
HIM
11 -29 -9: HYDRONIC FURNACES: Accessory use of a wood -fired
furnace, stove or boiler not located within a building intended
for habitation by humans or animals shall be allowed as an
interim use only within agricultural /rural districts, subject to
the following provisions:
A. Minimum Lot Area. The minimum lot area for use of an
accessory hydronic furnace shall be ten (10) acres.
B. Setbacks. Hydronic furnaces shall be setback a minimum of
one hundred (100) feet from all property lines.
C. Burning Material. Material to be burned shall be limited
to corn, pellet materials or natural, dry wood that has not
been painted, varnished or coated in any way, has not been
pressure treated with preservatives and does not contain
resins or glues as in plywood or other composite wood
products.
D. Exterior Storage. Outdoor storage of burning material
shall be in accordance with Section 11- 18 -7.G of this
Title.
E. Other Requirements. All requirements for installation and
maintenance shall be met including, but not limited to,
local, state and federal regulations and manufacturer's
specifications and shall be EPA Phase II qualified.
F. The interim use permit shall terminate upon the occurrence
of any of the following events, whichever occurs first:
1. The property on which the hydronic furnace is located
is zoned to other than an Agricultural /Rural District.
2. The property on which the hydronic furnace is located
is subdivided and the resulting lot area is less than
ten (10) acres.
3. Any of the events outlined by Section 11 -5 -7 of this
Title.
Section 82. Section 11- 30 -3.K of the City Code is hereby amended to read as
follows:
86
K. Provide documentation or studies utilized to determine
the necessary location and height of the antenna,
including the following analysis:
1. Existing service area of the provider.
2. Service area of the provider including the area at
the height limits for an antenna established by
this Chapter.
3. Location, height and ability to co- locate on other
existing antenna support structures owned by the
applicant or other provider capable of providing
service to all or a portion of the proposed
service area.
Section 83. Section 11 -30 -11 of the City Code is hereby amended to read as
follows:
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 (television
receive only) two meters (2 m) or less in diameter, short-
wave radio dispatching antennas, or those necessary for the
operation of electronic equipment including radio and
television receivers, but not including antennas used in the
amateur radio service regulated by Section 11 -30 -13 of this
Title.
A. Single satellite TVROs accessory to a residential use
shall not exceed one meter (1 m) in diameter except as
provided for by Section 11 -30 -15 of this Chapter.
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 Chapter.
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 feet (10') 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 feet
(5') from all lot lines.
HM
E. The height of accessory or secondary use antennas and
necessary support structures or towers, whether
freestanding or mounted on another structure, may
extend a maximum of fifteen feet (15') above the height
restriction for the affected zoning district. A Height
greater than fifteen feet (15') above the height
restriction for the affected zoning district may be
allowed by approval of an interim use permit provided
that the additional height is the minimum required for
the antenna to function properly.
Section 84. Title 11, Chapter 30 of the City Code is hereby amended to include
the following provisions:
11- 30 -27: PROCESSING:
Applications required by this chapter to locate a personal
wireless service antenna shall be processed in accordance
with FCC Rules where more restrictive than Minnesota Statues
15.99:
A. The city council shall act on wireless facility
requests within a period not longer than ninety (90)
days from submission of the request for collocations
of a personal wireless service antenna upon an
existing tower or structure.
B. The timeframes for action by the City Council may be
extended by mutual consent of the applicant and Zoning
Administrator.
C. An application under this Chapter shall not be denied
solely on the basis that service is available from
another provider.
Section 85. Section 11- 31.5.D of the City Code is hereby amended to read as
follows:
D. Parking:
1. 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. Except as may be approved as part of a joint
parking arrangement, as regulated by Section
11 -19 -17 of this Title, when a daycare 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.
Section 86. Title 11, Chapter 32 of the City Code is hereby amended to read as
follows:
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:
Inspection
11 -32 -1: PURPOSE:
The purpose of this Chapter is to maintain the character and
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.
11 -32 -3: APPLICATION:
All occupations conducted in the home shall comply with the
provisions of 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:
A. Administrative Permit:
1. Except as required by this section, home
occupations defined by this Title shall require an
Administrative Permit pursuant to Chapter 7 of
this Title issued subject to the conditions of
this Chapter, other applicable City ordinances and
State law.
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.
B. Declaration Of Conditions: The Zoning Administrator may
impose such conditions on the granting of an
administrative permit as may be necessary to carry out
the purpose and provisions of this Section.
C. Effect Of Permit:
1. An administrative permit may be issued for a
period of one (1) year, after which the permit may
be reissued for periods of up to three (3) years
each.
2. Each application for permit renewal shall,
however, be processed in accordance with the
provisions of Chapter 8 of this Title regarding
administrative permits, except that no application
fee shall be required.
D. Transferability: Administrative permits shall not run
with the land and shall not be transferable.
E. Lapse Of Administrative Permit By Nonuse: Whenever
within one (1) year after granting an administrative
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
Zoning Administrator. 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.
•E
F. Renewal Of Permits:
1. An applicant shall not have a vested right to
renewal of an administrative permit by reason of
having obtained a previous permit.
2. In applying for and accepting a permit, the permit
holder agrees that their 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.
3. Each application for the renewal of a permit will
be considered de novo without taking into
consideration that a previous permit has been
granted. The previous granting or renewal of a
permit shall not constitute a precedent or basis
for the renewal of a permit.
11 -32 -7: GENERAL PROVISIONS:
All home occupations shall comply with the following general
provisions and according to definition, the applicable
requirement provisions.
A. 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.
B. No equipment shall be used in the home occupation which
will create electrical interference to surrounding
properties.
C. 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.
D. No home occupation shall require internal or external
alterations or involve construction features not
customarily found in dwellings except where required to
comply with local and State fire and police
recommendations.
E. All 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.
F. There shall be no exterior storage of equipment or
materials used in the home occupation, except personal
91
automobiles used in the home occupation may be parked
on the site.
G. The home occupation shall meet all applicable fire and
building codes.
H. 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)
sign not to exceed four (4) square feet in area.
I. All home occupations shall comply with the provisions
of Title 4, Chapter 1 of the City Code regarding
nuisances.
J. 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.
K. No person other than those who customarily reside on
the premises shall be employed by the home occupation.
L. 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 so as to obstruct
a public street, sidewalk or trail or private driveway.
M. Allowed home occupations:
1. Home occupations include and are limited to:
a. Business consulting service.
b. Hair salon.
C. Instructional classes with not more than one
(1) pupil at a time. Additional students
receiving instruction at one time may be
allowed for single family uses subject to
approval of an interim use permit.
d. Massage therapy.
e. Photography studio.
f. Small appliance repair.
g. Tailoring, sewing and alternations.
2. Home occupations shall not involve any of the
following:
92
a. Repair service or manufacturing which
requires equipment other than found in a
dwelling.
b. Services which consists of more than one
pupil, client, or customer at a time.
C. Over- the - counter retail sale of merchandise
produced off the premises.
11 -32 -9: 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.
Section 87. Section 11- 35 -3.A of the City Code is hereby amended to read as
follows:
A. The keeping of house pets is a permitted accessory use
in all agriculture /rural and residential zoning
districts.
1. Not more than three (3) dogs over six (6) months
of age shall be allowed to be kept except as a
licensed kennel allowed within the respective
zoning district in which the animals are located.
Section 88. Section 11- 35 -3.B of the City Code is hereby amended to read as
follows:
B. The keeping of horses is a permitted accessory use in
all agriculture / rural zoning districts provided:
1. The minimum lot size is two and one -half (
acres.
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.
Section 89. Section 11- 35 -3.E of the City Code is hereby amended to read as
follows:
E. Animals may only be kept as a kennel defined by this
Title or otherwise for commercial purposes if
93
authorized in the zoning district in which the animals
are located.
Section 90. Section 11- 37 -3.Q of the City Code is hereby amended to read as
follows:
Q. Signs: A comprehensive sign plan must be submitted as
part of a conditional use permit application. All
signing and informational or visual communication
devices shall be minimized and shall be in compliance
with Chapter 23 of this Title.
Section 91. Section 11- 37- 7.B.19 of the City Code is hereby amended to read
as follows:
19. Signs: A comprehensive sign plan must be submitted as
part of a conditional use permit application. All
signing and informational or visual communication
devices shall be minimized and shall be in compliance
with Chapter 23 of this Title.
Section 92. Title 11, Chapter 45 of the City Code is hereby amended to read as
follows:
CHAPTER 45
GENERAL ZONING DISTRICT PROVISIONS
SECTION:
11 -45 -1: Establishment Of Zoning Districts
11 -45 -3: Zoning District Boundaries
11 -45 -5: Zoning Map
11 -45 -7: Annexations
11 -45 -1: ESTABLISHMENT OF ZONING 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 is hereby divided into
zoning districts. The use, height and area regulations shall be
uniform in each zoning district, and said zoning districts shall
be known as:
UJI,
A. Agricultural /Rural Districts:
A -P, Agricultural preserve district
RA, Rural /agricultural district
RAO, Rural /agricultural overlay district
B. Residential Districts:
RS -1, Single- family
RS -2, Single- family
RS -3, Single- family
RS -4, Single- family
RS -CBD, Single -fami
district
residential
residential
residential
residential
1y residenti
district
district
district
district
al - central business
RSMH, Single- family manufactured home park district
RST -1, Single- and two - family residential district
RST -2, Single- and two - family transition district
RM -1, Medium - density residential district
RM -2, Medium - density residential district
RH -1, Multiple- family residential district
RH -2, Multiple- family residential district
C. Commercial Districts:
O -R, Office /residential transition district
C -1, Neighborhood commercial district
C -2, Highway commercial district
C -3, General commercial district
C -CBD, Commercial - central business district
0 -P, Office park district
D. Industrial Districts:
I -CBD, Industrial - central business district
I -1, Light industrial district
IN
I -2, General industrial district
E. Special Districts:
PUD, Planned unit development district
POS, Public and open space district
F. Environmental Protection Districts:
FP, Floodplain overlay district
S, Shoreland overlay district
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, watercourses 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 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 to all appropriate regulations of the extended
districts.
C. All streets, alleys, public ways and railroad rights of way,
if not otherwise specifically designated, shall be deemed to
be in the same zone as the property in the most restrictive
classification immediately abutting upon such alleys,
streets, public ways or railroad rights of way. Where the
centerline of a street, alley, public way or railroad right
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.
D. All areas within the corporate limits of the city which are
underwater 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 (2) or more zones, the boundaries of each zone
shall be construed to be extended into the water area in a
01
straight line until they meet the other district at the
halfway point and /or to the corporate limits.
11 -45 -5: ZONING MAP:
The location and boundaries of the zoning districts established
by this title 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 zoning map, and amendments thereto shall be
recorded on said map. The official zoning map shall be kept on
file in the city hall.
11 -45 -7: ANNEXATIONS:
All territory hereafter annexed to the city 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 zoning district classification for
such territory and an amendment can be made to that effect.
Section 93. Title 11, Chapter 46 of the City Code is hereby amended to read as
follows:
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 -17: Building Height
11 -46 -1: PURPOSE:
97
The purpose of the A -P 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 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 -P district:
A. Farms, hobby farms, agriculture, nurseries, wholesale
nurseries, greenhouses, and tree farms, not including animal
feedlots regulated by section 11 -35 -5 of this title.
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.
11 -46 -7: PERMITTED ACCESSORY USES:
In addition to other uses specifically identified elsewhere in
this title, the following are permitted accessory uses in an A -P
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.
C. Boarding or renting of rooms to not more than two (2)
individuals per dwelling unit.
D. Daycare facilities serving fourteen (14) or fewer persons in
a single- family detached dwelling.
E. Fences as regulated by chapter 21 of this title.
98
F. WECS, solar energy systems, ground source heat pump systems
and hydronic furnaces as regulated by chapter 29 of this
title.
G. Home occupations and home offices as regulated by chapter 32
of this title.
H. Keeping of animals subject to chapter 35 of this title.
I. 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.
J. Private garages and off - street parking and off - street
loading as regulated by chapters 19 and 20 of this title.
K. Recreational vehicles and equipment parking and storage as
regulated by chapter 22 of this title.
L. Roadside stand for sale of in season agricultural products
planted and completely grown on the premises.
M. Secondary or accessory use antennas and satellites as
regulated by chapter 30 of this title.
N. Signs as regulated by chapter 23 of this title.
0. Solar energy systems as regulated by chapter 29 of this
title.
11 -46 -9: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere 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
below for respective conditional uses, each request for a
conditional use permit shall be evaluated based upon the
standards and criteria set forth in subsection 11 -4 -3E and
section 11 -4 -7 of this title.
A. Bed and breakfasts.
B. Cemeteries or memorial gardens provided that:
1. The use is public or quasi - public.
2. The use meets the minimum setback requirements for
principal structures.
••
C. Commercial stables and riding academies.
D. Daycare facilities as a principal or accessory use, except
as provided for by this chapter, provided that the 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
100kV, as regulated by chapter 26 of this title.
F. Farm buildings for the keeping of farm animals that are
located within three hundred feet (300') 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. Golf courses.
H. Governmental buildings and structures necessary for the
health, safety and general welfare of the city.
I. Parks and recreational areas owned or operated by public
bodies; other than the city of Lakeville.
J. Personal wireless service antennas not located on a public
or quasi - 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. Animal kennels as a secondary use.
B. Landfilling and land excavation /grading operations,
including mining as regulated by chapter 24 of this title.
C. Hydronic furnaces as regulated by chapter 29 of this title.
D. Open and outdoor storage as a principal or nonrelated
accessory use..
E. Single satellite dish TVROs greater than one meter (1 m) in
diameter as regulated by chapter 30 of this title.
F. WECS exceeding the height limit of this district, as
regulated by chapter 29 of this title.
100
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 chapter 8 of this title, the following are uses
allowed in an A -P district by administrative permit:
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 33kV and up to
100kV, as regulated by chapter 26 of this title.
C. Temporary structures as regulated by chapter 28 of this
title.
D. WECS conforming to the height limit of this district, as
regulated by chapter 29 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
Rear yards
30 feet
Side yards
10 feet on each side, or 30 feet on
the side yard abutting a public
right of way
Animal Feedlot:
No new residential dwelling shall
be constructed after April 5, 2004,
within one thousand feet (1,000')
of an existing animal feedlot
except dwellings constructed as a
principal residence on the same
parcel and under the same ownership
of the owner of the animal feedlot
as regulated by subsection
11- 35 -5D1 of this title.
101
11- 46 -17: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the A -P district shall
exceed the following height:
A. Principal Buildings: Three (3) stories or thirty
five feet (35'), whichever is less.
B. Accessory Buildings: As regulated by section 11-18 -
9.0 of this title.
Section 94. Title 11, Chapter 47 of the City Code is hereby amended to read as
follows:
CHAPTER 47
RA, RURAL /AGRICULTURAL 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 -15: Building Height
11 -47 -1: PURPOSE:
The RA 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 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. Farms, hobby farms, agriculture, nurseries, wholesale
nurseries, greenhouses, and tree farms, not including animal
feedlots regulated by section 11 -35 -5 of this title.
102
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.
11 -47 -5: PERMITTED ACCESSORY USES:
In addition to other uses specifically identified elsewhere in
this title, the following are permitted accessory uses within the
RA 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.
C. Boarding or renting of rooms to not more than two (2)
individuals per dwelling unit.
D. Daycare facilities serving fourteen (14) or fewer persons in
a single- family detached dwelling.
E. Fences as regulated by chapter 21 of this title.
F. Ground source heat pump systems as regulated by chapter 29
of this title.
G. Home occupations and home offices as regulated by chapter 32
of this title.
H. Keeping of animals subject to chapter 35 of this title.
I. 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.
J. Private garages and off - street parking and off - street
loading as regulated by chapters 19 and 20 of this title.
K. Recreational vehicles and equipment parking and storage as
regulated by chapter 22 of this title.
103
L. Roadside stand for sale of in season agricultural products
planted and completely grown on the premises.
M. Secondary or accessory use antennas and satellites as
regulated by chapter 30 of this title.
N. Signs as regulated by chapter 23 of this title.
0. Solar energy systems as regulated by chapter 29 of this
title.
11 -47 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere 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 subsection 11 -4 -3E and
section 11 -4 -7 of this title.
A. Bed and breakfast facilities as regulated by chapter 33 of
this title.
B. Cemeteries or memorial gardens provided that:
1. The use is public or quasi - public.
2. The use meets the minimum setback requirements for
principal structures.
C. Commercial stables and riding academies.
D. Essential services involving transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, as regulated by chapter 26 of this title.
E. Farm buildings for the keeping of farm animals that are
located within three hundred feet (300') 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.
F. Golf courses.
G. Governmental buildings and structures necessary for the
health, safety and general welfare of the city.
H. Parks and recreational areas owned or operated by public
bodies; other than the city of Lakeville.
104
I. Personal wireless service antennas not located on a public
or quasi - public structure or existing tower, as regulated by
chapter 30 of this title.
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. Animal kennels as a secondary use.
B. Landfilling and land excavation /grading operations,
including mining as regulated by chapter 24 of this title.
C. Hydronic furnaces as regulated by chapter 29 of this title.
D. Open and outdoor storage as a principal or nonrelated
accessory use.
E. Single satellite dish TVROs greater than one meter (1 m) in
diameter as regulated by chapter 30 of this title.
F. WECS exceeding the height limit of this district, as
regulated by chapter 29 of this title.
11- 47 -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 RA district by administrative permit
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 33kV and up to
100kV, as regulated by chapter 26 of this title.
C. Temporary structures as regulated by chapter 28 of this
title.
D. WECS conforming to the height limit of this district, as
regulated by chapter 29 of this title.
11- 47 -13: LOT REQUIREMENTS AND SETBACKS:
105
The following minimum requirements shall be observed in an RA
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
Rear yards
30 feet
Side yards
20 feet on each side, or 30 feet on the
side yard abutting a public right of
way
Animal
No new residential dwelling shall be
Feedlot:
constructed after April 5, 2004, within
one thousand feet (1,000') of an
existing animal feedlot except
dwellings constructed as a principal
residence on the same parcel and under
the same ownership of the owner of the
animal feedlot as regulated by
subsection 11- 35 -5D1 of this title.
11- 47 -15: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the RA district shall
exceed the following height:
A. Principal Buildings: Three (3) stories or thirty
five feet (35'), whichever is less.
106
B. Accessory Buildings: As regulated by section 11-13 -
9.0 of this title.
Section 95. Title 11, Chapter 48 of the City Code is hereby amended to read as
follows:
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 -17: Building Height
11 -48 -1: PURPOSE:
The purpose of the RAO district
Metropolitan Urban Service Area
comprehensive plan that are not
areas are restricted from urban
district until such time as san
services are available.
is to delineate areas outside the
(MUSA) as identified by the
zoned AP or RA District. Such
uses allowed by the base zoning
itary sewer and water utility
11 -48 -3: APPLICATION:
All property not located within the Municipal Urban Service Area
(MUSA), as defined by the Comprehensive Plan, and not zoned A -P
district or RA district shall be overlaid by the RAO District.
Whenever such property is reclassified to be included within the
MUSA 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 an RAO district:
A. Farms, hobby farms, agriculture, nurseries, wholesale
nurseries, greenhouses, and tree farms, not including animal
feedlots regulated by section 11 -35 -5 of this title.
107
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.
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. 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.
C. Boarding or renting of rooms to not more than two (2)
individuals per dwelling unit.
D. Daycare facilities serving fourteen (14) or fewer persons in
a single- family detached dwelling.
E. Fences as regulated by chapter 21 of this title.
F. Ground source heat pump systems as regulated by chapter 29
of this title.
G. Home occupations and home offices as regulated by chapter 32
of this title.
H. Keeping of animals subject to chapter 35 of this title.
I. 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.
J. Private garages and off - street parking and off - street
loading as regulated by chapters 19 and 20 of this title.
K. Recreational vehicles and equipment parking and storage as
regulated by chapter 22 of this title.
1:
L. Roadside stand for sale of in season agricultural products
planted and completely grown on the premises.
M. Secondary or accessory use antennas and satellites as
regulated by chapter 30 of this title.
N. Signs as regulated by chapter 23 of this title.
0. Solar energy systems as regulated by chapter 29 of this
title.
11 -48 -9: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere in
this title, the following are conditional uses in an 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 for a
conditional use permit shall be evaluated based upon the
standards and criteria set forth in subsection 11 -4 -3E and
section 11 -4 -7 of this title.
A. Essential services involving transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, as regulated by chapter 26 of this title.
B. Farm buildings for the keeping of farm animals that are
located within three hundred feet (300') 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.
C. Governmental buildings and structures necessary for the
health, safety and general welfare of the city.
D. Parks and recreational areas owned or operated by public
bodies; other than the city of Lakeville.
E. Personal wireless service antennas not located on a public
or quasi - public structure or existing tower, as regulated by
chapter 30 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. Animal kennels as a secondary use.
109
B. Commercial stables and riding academies.
C. Landfilling and land excavation /grading operations,
including mining as regulated by chapter 24 of this title.
D. Open and outdoor storage as a principal or nonrelated
accessory use.
E. Hydronic furnaces as regulated by chapter 29 of this title.
F. Recreational Camping.
G. Single satellite dish TVROs greater than one meter (1 m) in
diameter as regulated by chapter 30 of this title.
H. WECS exceeding the height allowed limit of this district, as
regulated by chapter 29 of this Title.
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 established by this chapter, and processing
requirements of chapter 8 of this title, the following are uses
allowed in an RAO district by administrative permit:
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 33kV and up to
100kV, as regulated by chapter 26 of this title.
C. Temporary structures as regulated by chapter 28 of this
title.
D. WECS conforming to the height allowed limit of this
district, as regulated by chapter 29 of this title.
11- 48 -15: LOT 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:
110
Front yards
30
feet
Rear yards
30
feet
Side yards
20
feet on each side, or 30 feet
on
the side yard abutting a
public right of way
11- 48 -17: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the RAO district shall
exceed the following height:
A. Principal Buildings: Three (3) stories or thirty
five feet (35'), whichever is less.
B. Accessory Buildings: As regulated by section 11-18 -
9.0 of this title.
Section 95. Title 11, Chapter 50 of the City Code is hereby amended to read as
follows:
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 -15: Building Height
11 -50 -1: PURPOSE:
The purpose of the RS -1 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:
111
In addition to other uses specifically identified elsewhere in
this Title, the following are permitted uses in an RS -1 district:
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 detached dwellings.
11 -50 -5: PERMITTED 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.
C. Boarding or renting of rooms to not more than two (2)
individuals per dwelling unit.
D. Daycare facilities serving fourteen (14) or fewer persons in
a single- family detached dwelling.
E. Fences as regulated by chapter 21 of this title.
F. Ground source heat pump systems as regulated by chapter 29
of this title.
G. Home occupations and home offices as regulated by chapter 32
of this title.
H. Keeping of animals subject to chapter 35 of this title.
I. 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.
J. Private garages and off - street parking and off - street
loading as regulated by chapters 19 and 20 of this title.
112
K. Recreational vehicles and equipment parking and storage as
regulated by chapter 22 of this title.
L. Secondary or accessory use antennas as regulated by chapter
30 of this title.
M. Signs as regulated by chapter 23 of this title.
N. Solar energy systems as regulated by chapter 29 of this
title.
11 -50 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere 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 shall be evaluated based upon the
standards and criteria set forth in subsection 11 -4 -3E and
section 11 -4 -7 of this title.
A. Daycare facilities as a principal or an accessory use,
except as provided for by this chapter, provided that the
use complies with the provisions of chapter 31 of this
title.
B. Essential services involving transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, as regulated by chapter 26 of this title.
C. Golf courses.
D. Government buildings and structures; public or quasi - public
or private recreational buildings and neighborhood or
community centers; public and 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 feet
(30
E. Parks and recreational areas owned or operated by public
bodies; other than the city of Lakeville.
F. Personal wireless service antennas not located on a public
structure, or existing tower as regulated by chapter 30 of
this title.
G. Residential front yard setback reduction:
113
1. On streets judged as being located within
environmentally sensitive areas, a five foot (5')
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 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 percent
(500) 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 meter (1 m) in diameter as
regulated by chapter 30 of this title.
C. Temporary classroom type structure for use by public or
private institutions.
D. WECS exceeding the height limit of this district, as
regulated by chapter 29 of this title.
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 this chapter, and processing
requirements of chapter 8 of this title, the following are uses
allowed in an RS -1 district by administrative permit:
A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, as regulated by chapter 26 of this title.
B. Model homes as regulated by chapter 27 of this title.
114
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.
E. WECS conforming to the height limit of this district, as
regulated by chapter 29 of this title.
11- 50 -13: LOT REQUIREMENTS AND SETBACKS:
The following minimum requirements shall be observed in an RS -1
district subject to additional requirements, exceptions and
modifications set forth in this title:
Buffer yard: Refer to subsection 11 -21 -9C of this title.
11- 50 -15: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the RS -1 district shall
exceed the following height:
A. Principal Buildings: Three (3) stories or thirty
five feet (35'), whichever is less.
115
Lots Of Record And
Preliminary Platted Lots
Having Legal Standing
Lots Of Record After
On January 1, 1994
January 1, 1994
Lot area:
Corner
20,000 square feet
24,000 square feet
Interior
20,000 square feet
20,000 square feet
Lot width:
Corner
100 feet
120 feet
Interior
100 feet
100 feet
Setbacks:
Front
30 feet
30 feet
yards
Rear yards
30 feet
30 feet
Side yards
10 feet on each side, or
15 feet on each side,
20 feet on the side yard
or
abutting a public right of
30 feet on the side
way
yard abutting a public
right of way
Buffer yard: Refer to subsection 11 -21 -9C of this title.
11- 50 -15: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the RS -1 district shall
exceed the following height:
A. Principal Buildings: Three (3) stories or thirty
five feet (35'), whichever is less.
115
B. Accessory Buildings: As regulated by section 11-18 -
9.0 of this title.
Section 96. Title 11, Chapter 51 of the City Code is hereby amended to read as
follows:
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 -15: Building Height
11 -51 -1: PURPOSE:
The purpose of the RS -2 district is to provide an option for low
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 permitted uses in an RS -2 district:
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 detached dwellings.
11 -51 -5: PERMITTED ACCESSORY USES:
116
In addition to other uses specifically identified elsewhere in
this title, the following are permitted accessory uses in an RS -2
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.
C. Boarding or renting of rooms to not more than two (2)
individuals per dwelling unit.
D. Daycare facilities serving fourteen (14) or fewer persons in
a single- family detached dwelling.
E. Fences as regulated by chapter 21 of this title.
F. Ground source heat pump systems as regulated by chapter 29
of this title.
G. Home occupations and home offices as regulated by chapter 32
of this title.
H. Keeping of animals subject to chapter 35 of this title.
I. 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.
J. Private garages and off - street parking and off - street
loading as regulated by chapters 19 and 20 of this title.
K. Recreational vehicles and equipment parking and storage as
regulated by chapter 22 of this title.
L. Secondary or accessory use antennas as regulated by chapter
30 of this title.
M. Signs as regulated by chapter 23 of this title.
N. Solar energy systems as regulated by chapter 29 of this
title.
11 -51 -7: CONDITIONAL USES:
117
In addition to other uses specifically identified elsewhere 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 subsection 11 -4 -3E and
section 11 -4 -7 of this title.
A. Daycare facilities as a principal or an accessory use,
except as provided for by this chapter, provided that the
use complies with the provisions of chapter 31 of this
title.
B. Essential services involving transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, as regulated by chapter 26 of this title.
C. Golf courses.
D. Government buildings and structures; public or quasi - public
or private recreational buildings and neighborhood or
community centers; public and 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 feet
(30
E. Parks and recreational areas owned or operated by public
bodies; other than the city of Lakeville.
F. Personal wireless service antennas not located on a public
structure, or existing tower as regulated by chapter 30 of
this title.
G. Residential front yard setback reduction:
1. On streets judged as being located within
environmentally sensitive areas, a five foot (5')
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 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 percent
(500) of the lots on such qualifying streets.
2. There shall be no reduction of lot area or lot width
requirement established by this district.
118
H. Social services or other activities which are not directly
worship related as an accessory use within a religious
institutional building(s).
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. Residential shelters as regulated by chapter 33 of this
title.
B. Satellite TVROs greater than one meter (1 m) in diameter as
regulated by chapter 30 of this title.
C. Temporary classroom type structure for use by public or
private institutions.
D. WECS exceeding the height limit of this district, as
regulated by chapter 29 of this title.
11- 51 -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 RS -2 district by administrative permit:
A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, 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.
E. WECS conforming to the height limit of this district, as
regulated by chapter 29 of this title.
11- 51 -13: LOT REQUIREMENTS AND SETBACKS:
119
The following minimum requirements shall be observed in an RS -2
district subject to additional requirements, exceptions and
modifications set forth in this title:
Lot area:
Corner
18,000 square feet
Interior
15,000 square feet
Lot width:
Corner
120 feet
Interior
100 feet
Setbacks:
Front yards
30 feet
Rear yards
30 feet
Side yards
15 feet on each side, or 30 feet
on the side yard abutting a
public right of way
Buffer yard: Refer to subsection 11 -21 -9C of this title.
11- 51 -15: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the RS -2 district shall
exceed the following height:
A. Principal Buildings: Three (3) stories or thirty
five feet (35'), whichever is less.
B. Accessory Buildings: As regulated by section 11-18 -
9.0 of this title.
Section 97. Title 11, Chapter 52 of the City Code is hereby amended to read as
follows:
CHAPTER 52
RS -3, SINGLE - FAMILY RESIDENTIAL DISTRICT
SECTION:
11- 52 - -1: Purpose
11- 52 - -3: Permitted Uses
120
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 -15: Building Height
11 -52 -1: PURPOSE:
The purpose of the RS -3— district is to provide an option for low
density single- family detached residential dwelling units and
directly related, complementary uses in areas without
environmental constraints and amenities.
11 -52 -3: PERMITTED USES:
In addition to other uses specifically identified elsewhere in
this title, the following are permitted uses in an RS -3 district:
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 detached dwellings.
11 -52 -5: PERMITTED ACCESSORY USES:
In addition to other uses specifically identified elsewhere in
this title, the following are permitted accessory uses in an RS -3
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.
C. Boarding or renting of rooms to not more than two (2)
individuals per dwelling unit.
D. Daycare facilities serving fourteen (14) or fewer persons in
a single- family detached dwelling.
E. Fences as regulated by chapter 21 of this title.
121
F. Ground source heat pump systems as regulated by chapter 29
of this title.
G. Home occupations and home offices as regulated by chapter 32
of this title.
H. Keeping of animals subject to chapter 35 of this title.
I. 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.
J. Private garages and off - street parking and off - street
loading as regulated by chapters 19 and 20 of this title.
K. Recreational vehicles and equipment parking and storage as
regulated by chapter 22 of this title.
L. Secondary or accessory use antennas as regulated by chapter
30 of this title.
M. Signs as regulated by chapter 23 of this title.
N. Solar energy systems as regulated by chapter 29 of this
title.
11 -52 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere 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 subsection 11 -4 -3E and
section 11 -4 -7 of this title.
A. Daycare facilities as a principal or an accessory use,
except as provided for by this chapter, provided that the
use complies with the provisions of chapter 31 of this
title.
B. Essential services involving transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, as regulated by chapter 26 of this title.
C. Golf courses.
122
D. Government buildings and structures; public or quasi - public
or private recreational buildings and neighborhood or
community centers; public and 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 feet
(30').
E. Parks and recreational areas owned or operated by public
bodies; other than the city of Lakeville.
F. Personal wireless service antennas not located on a public
structure, or existing tower as regulated by chapter 30 of
this title.
G. Social services or other activities which are not directly
worship related as an accessory use within a religious
institutional building(s).
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. Residential shelters as regulated by chapter 33 of this
title.
B. Satellite TVROs greater than one meter (1 m) in diameter as
regulated by chapter 30 of this title.
C. Temporary classroom type structure for use by public or
private institutions.
D. WECS exceeding the height limit of this district, as
regulated by chapter 29 of this title.
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 an RS -3 district by administrative permit:
A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, as regulated by chapter 26 of this title.
123
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.
E. WECS conforming to the height limit of this district, as
regulated by chapter 29 of this title.
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:
Corner
12,500 square feet
Interior
11,000 square feet
Lot width:
Corner
100 feet
Interior
85 feet
Setbacks:
Front yards
30 feet
Rear yards
30 feet
Side yards
10 feet on each side, or 20 feet on the side yard
abutting a public right of way
Buffer yard: Refer to subsection 11 -21 -9C of this title.
11- 52 -15: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the RS -3 district shall
exceed the following height:
A. Principal Buildings: Three (3) stories or thirty
five feet (35'), whichever is less.
B. Accessory Buildings: As regulated by section 11-18 -
9.0 of this title.
124
Section 98. Title 11, Chapter 53 of the City Code is hereby amended to read as
follows:
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: Interim Uses
11- 53 -11: Uses By Administrative Permit
11- 53 -13: Lot Requirements And Setbacks
11- 53 -15: Building Height
11 -53 -1: PURPOSE:
The purpose of the RS -4, single- family residential district is to
provide for low density single- family detached residential
dwelling units and directly related, complementary uses in areas
without environmental constraints and amenities.
11 -53 -3: PERMITTED USES:
In addition to other uses specifically identified elsewhere in
this title, the following are permitted uses in an RS -4 district:
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 detached dwellings.
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. Accessory uses, buildings and structures customarily
incidental and directly related to the uses allowed as
permitted, conditional, interim, and administrative permit
125
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.
C. Boarding or renting of rooms to not more than two (2)
individuals per dwelling unit.
D. Daycare facilities serving fourteen (14) or fewer persons in
a single- family detached dwelling.
E. Fences as regulated by chapter 21 of this title.
F. Ground source heat pump systems as regulated by chapter 29
of this title.
G. Home occupations and home offices as regulated by chapter 32
of this title.
H. Keeping of animals subject to chapter 35 of this title.
I. 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.
J. Private garages and off - street parking and off- street
loading as regulated by chapters 19 and 20 of this title.
K. Recreational vehicles and equipment parking and storage as
regulated by chapter 22 of this title.
L. Secondary or accessory use antennas as regulated by chapter
30 of this title.
M. Signs as regulated by chapter 23 of this title.
N. Solar energy systems as regulated by chapter 29 of this
title.
11 -53 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere 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 shall be evaluated based upon the
126
standards and criteria set forth in subsection 11 -4 -3E and
section 11 -4 -7 of this title.
A. Daycare facilities as a principal or an accessory use,
except as provided for by this chapter, provided that the
use complies with the provisions of chapter 31 of this
title.
B. Essential services involving transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, as regulated by chapter 26 of this title.
C. Golf courses.
D. Government buildings and structures; public or quasi - public
or private recreational buildings and neighborhood or
community centers; public and 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 feet
(30').
E. Parks and recreational areas owned or operated by public
bodies; other than the city of Lakeville.
F. Personal wireless service antennas not located on a public
structure, or existing tower as regulated by chapter 30 of
this title.
G. Social services or other activities which are not directly
worship related as an accessory use within a religious
institutional building(s).
11 -53 -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 -4 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 meter (1 m) in diameter as
regulated by chapter 30 of this title.
C. Temporary classroom type structure for use by public or
private institutions.
D. WECS exceeding the height limit of this district, as
regulated by chapter 29 of this title.
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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 an RS -4 district by administrative permit
A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, 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.
E. WECS conforming to the height limit of this district, as
regulated by chapter 29 of this title.
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
10,200 square
feet
Interior
8,400 square feet
Lot width:
Corner
85feet
Interior
70 feet
Setbacks:
Front yards
20 feet to the
and, 25feet to
principal
the garage
building;
face
Rear yards
30 feet
Side yards
7 feet from the adjacent
20 feet on the side yard
a public right of way
lot, or
abutting
128
daximum 40 percent
3uilding
:overage:
Buffer yard: Refer to subsection 11 -21 -9C of this title
11- 53 -15: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the RS -4 district shall
exceed the following height:
A. Principal Buildings: Two and one -half (2 -1/2)
stories or twenty five feet (25'), whichever is less.
B. Accessory Buildings: As regulated by section 11-18 -
9.0 of this title.
Section 99. Title 11, Chapter 54 of the City Code is hereby amended to read as
follows:
CHAPTER 54
RS -CBD, SINGLE- FAMILY RESIDENTIAL - CENTRAL BUSINESS DISTRICT
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 -15: Building Height
11 -54 -1: PURPOSE:
The purpose of the RS -CBD district 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
comprehensive plan.
11 -54 -3: PERMITTED USES:
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In addition to other uses specifically identified elsewhere in
this title, the following uses are allowed as permitted uses
within the RS -CBD district:
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 detached dwellings.
11 -54 -5: PERMITTED ACCESSORY USES:
In addition to other uses specifically identified elsewhere in
this title, the following are permitted accessory uses allowed in
the RS -CBD 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.
C. Boarding or renting of rooms to not more than two (2)
individuals per dwelling unit.
D. Daycare facilities serving fourteen (14) or fewer persons in
a single- family detached dwelling.
E. Fences as regulated by chapter 21 of this title.
F. Ground source heat pump systems as regulated by chapter 29
of this title.
G. Home occupations and home offices as regulated by chapter 32
of this title.
H. Keeping of animals subject to chapter 35 of this title.
I. 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.
J. Private garages and off - street parking and off - street
loading as regulated by chapters 19 and 20 of this title.
130
K. Recreational vehicles and equipment parking and storage as
regulated by chapter 22 of this title.
L. Secondary or accessory use antennas as regulated by chapter
30 of this title.
M. Signs as regulated by chapter 23 of this title.
N. Solar energy systems as regulated by chapter 29 of this
title.
11 -54 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere 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 subsection 11 -4 -3E and
section 11 -4 -7 of this title.
A. Bed and breakfast establishments, as regulated by chapter 33
of this title.
B. Daycare facilities as a principal or an accessory use,
except as provided for by this chapter, provided that the
use complies with 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
100kV, as regulated by chapter 26 of this title.
D. Government buildings and structures; public or quasi - public
or private recreational buildings and neighborhood or
community centers; public and 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 feet
(30
E. Parks and recreational areas owned or operated by public
bodies; other than the city of Lakeville.
F. Personal wireless service antennas not located on a public
structure, or existing tower as regulated by chapter 30 of
this title.
131
G. 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 s Subdivision Ordinance are
provided and no building will occur upon this reserved
space.
3. It 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. It will not obstruct traffic visibility, cause a public
safety problem and complies with section 11 -16 -15 of
this title.
H. Social services or other activities which are not directly
worship related as an accessory use within a religious
institutional building(s).
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. Residential shelters as regulated by chapter 33 of this
title.
B. Satellite TVROs greater than one meter (1 m) in diameter as
regulated by chapter 30 of this title.
C. Temporary classroom type structure for use by public or
private institutions.
D. WECS exceeding the height limit of this district, as
regulated by chapter 29 of this title.
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,
132
performance standards established by this chapter, and processing
requirements of chapter 8 of this title, the following are uses
allowed in an RS -CBD district by administrative permit:
A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, 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.
E. WECS conforming to the height limit of this district, as
regulated by chapter 29 of this title.
11- 54 -13: LOT REQUIREMENTS AND SETBACKS:
The following minimum requirements shall be observed in an RS -CBD
district subject to additional requirements, exceptions and
modifications set forth in this title:
Lot area:
Corner
10,080 square feet
Interior
8,400 square feet
Lot width:
Corner
90 feet
Interior
75 feet
Setbacks:
Front yards
30 feet
Rear yards
30 feet
Side yards
7 feet from the adjacent
lot, or 20 feet on the
side yard abutting a
public right of way
Buffer yard: The buffer yard requirements of subsection 11 -21 -9C
of this title shall not apply to the RS -CBD district.
11- 54 -15: BUILDING HEIGHT:
133
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the RS -CBD district shall
exceed the following height:
A. Principal Buildings: Two and one -half (2 -1/2)
stories or twenty five feet (25'), whichever is less.
B. Accessory Buildings: As regulated by section 11-18 -
9.0 of this title.
Section 100. Title 11, Chapter 55 of the City Code is hereby amended to read
as follows:
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; Manufactured Home Parks
11- 55 -15: Design Standards
11- 55 -17: Operational Standards For Manufactured Home Parks
11- 55 -19: Street Maintenance; Manufactured Home Parks
11- 55 -21: Lot Requirements and Setbacks
11- 55 -23: Building Height
11 -55 -1: PURPOSE:
The purpose of an RSMH 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. Parks, trails, playfields, playgrounds, and directly related
buildings and structures; city of Lakeville only.
134
B. Residential facility serving six (6) or fewer persons in a
single- family detached dwelling.
C. Single- family detached dwellings.
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. Manufactured Home Parks (As Regulated By This Section):
1. All permitted accessory uses allowed within the RS -4
district, except:
a. Boarding or renting of rooms to not more than two
(2) individuals per dwelling unit.
b. Home occupations as regulated by chapter 32 of
this title.
B. Other Uses:
1. 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.
2. 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.
3. Boarding or renting of rooms to not more than two (2)
individuals per dwelling unit.
4. Daycare facilities serving fourteen (14) or fewer
persons in a single- family detached dwelling.
5. Fences as regulated by chapter 21 of this title.
6. Ground source heat pump systems as regulated by chapter
29 of this title.
7. Home offices as regulated by chapter 32 of this title.
8. Keeping of animals subject to chapter 35 of this title.
9. 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
135
the residents of the principal use and their occasional
guests, except as otherwise permitted.
10. Private garages and off - street parking and off - street
loading as regulated by chapters 19 and 20 of this
title.
11. Recreational vehicles and equipment parking and storage
as regulated by chapter 22 of this title.
12. Secondary or accessory use antennas as regulated by
chapter 30 of this title.
13. Signs as regulated by chapter 23 of this title.
14. Solar energy systems as regulated by chapter 29 of this
title.
11 -55 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere 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 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 subsection 11 -4 -3E and
section 11 -4 -7 of this title.
A. Daycare facilities as a principal or an accessory use,
except as provided for by this chapter, provided that the
use complies with the provisions of chapter 31 of this
title.
B. Essential services involving transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, as regulated by chapter 26 of this title.
C. Golf courses.
D. Government buildings and structures; public or quasi - public
or private recreational buildings and neighborhood or
community centers; public and 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 feet
(30
E. Manufactured home parks as regulated by this chapter.
136
F. Parks and recreational areas owned or operated by public
bodies; other than the city of Lakeville.
G. Personal wireless service antennas not located on a public
structure, or existing tower as regulated by chapter 30 of
this title.
H. Social services or other activities which are not directly
worship related as an accessory use within a religious
institutional building(s).
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. Residential shelters as regulated by chapter 33 of this
title.
B. Satellite TVROs greater than one meter (1 m) in diameter as
regulated by chapter 30 of this title.
C. Temporary classroom type structure for use by public or
private institutions.
D. WECS exceeding the height limit of this district, as
regulated by chapter 29 of this title.
11- 55 -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 RSMH district by administrative permit:
A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, 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.
137
E. WECS conforming to the height limit of this district, as
regulated by chapter 29 of this title.
11- 55 -13: SITE PLAN REQUIREMENTS; MANUFACTURED HOME PARKS:
In addition to the conditional use permit requirements outlined
in chapter 4 of this title, and a site plan, chapter 9 of this
title, 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 of the 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.
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 Section 11 -55 -21 of this title.
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.
138
4. Fences: Fences are 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 all 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, shall comply with
emergency storm protections as required by Minnesota
statutes. A new manufactured home park established
after July 1, 1993, shall have storm shelters in
compliance with Minnesota statutes. Additionally, all
emergency storm protection measures shall be subject to
the approval of the city council.
8. Lot Setbacks: Individual manufactured home lot
setbacks:
a. In manufactured home parks existing prior to
January 1, 1965, no unit shall be located closer
than three feet (3') from a street surface, nor
closer than ten feet (10') to the side of an
adjacent unit, nor closer than three feet (3')
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 feet
(20') from a street surface, nor closer than
twenty feet (20') to an adjacent manufactured
home.
C. In manufactured home parks created after July 1,
1982, through January 1, 1995, no manufactured
home shall be located closer than ten feet (10')
to a side or rear lot line, nor closer than twenty
feet (20') to the front lot line.
d. In manufactured home parks created after January
1, 1995, no manufactured home shall be located
closer than ten feet (10') to a side or rear lot
line. The front yard setback shall be at least
thirty feet (30') from the street surface. On
corner lots, the side yard setback shall be at
least twenty feet (20') from the street surface.
No manufactured home shall be located closer than
139
thirty feet (30') 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 subsections B8a through B8c of this Section
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 feet (5') into a side yard
setback, provided that they do not exceed twenty
(20) square feet in area or extend closer than ten
feet (10') to a structure on an adjacent lot.
b. An eave or overhang may encroach up to one foot
(1') 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 feet (10') into a side yard setback
provided that they do not exceed one hundred (100)
square feet in area and that they are set back at
least ten feet (10') from any structure on an
adjacent lot.
10. Building Height Requirements: No structure shall exceed
one story or twenty five feet (25') 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
stormwater 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 underground; there shall be
no overhead wires or supporting poles except those
essential for street or other lighting purposes.
140
f. 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 trash 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
percent (60) 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.
b. Maximum Building Height: Fifteen feet (15').
C. Location: The manufactured home park site plan
shall designate the locations proposed for the
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 feet (3') from any
other building or structure on the same lot
and at least five feet (5') from a structure
on an adjacent lot. On corner lots, accessory
buildings shall be located at least ten feet
(10') from a side street surface. Accessory
141
building floor area shall not exceed eighty
(80) square feet.
(4) In manufactured home parks created between
January 1, 1965, through July 1, 1982,
accessory buildings shall be located at least
six feet (6') from any other building or
structure on the same lot and at least six
feet (6') from a structure on an adjacent
lot. On corner lots, accessory buildings
shall be located at least fifteen feet (15')
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 feet
(6') from any other building or structure on
the same lot and at least ten feet (10') from
a structure on an adjacent lot. On corner
lots, accessory buildings shall be located at
least twenty feet (20') from a side street
surface.
(6) In manufactured home parks created after
January 1, 1995, accessory buildings shall be
located at least six feet (6') from any other
building or structure on the same lot and at
least ten feet (10') from a structure on an
adjacent lot. On corner lots, accessory
buildings shall be located at least twenty
feet (20') from a side street surface.
Accessory buildings in excess of twelve feet
(12 in width must be placed on a lot at
least sixty five feet (65') in width.
(7) In manufactured home parks and on
manufactured home park lots established after
January 1, 1995, all accessory buildings
located on individual manufactured home unit
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:
142
(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 feet (65').
b. Lot Depth: Not less than one hundred twenty feet
(120').
C. Changes To Requirements: Changes to lot width and
lot depth requirements may be allowed by planned
unit development as regulated by chapter 4 of
this title.
d. Frontage: Each manufactured home lot 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 concrete or asphalt
surfaced according to specifications established
by the city.
4. Internal Drives And Streets:
a. All streets shall be private drives and shall be
developed with a roadbed of not less than thirty
two feet (32') in width and shall meet city design
specifications. A reduction in the street 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.
143
5. Recreation: All manufactured home parks shall have at
least ten percent (100) of the land area developed for
recreational use (tennis courts, children's play
equipment, swimming pool, 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 -9 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. All areas shall be landscaped in accordance with a
landscaping plan approved by the city council.
7. Lighting:
a. Artificial light shall be maintained from sunset
to sunrise 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 of these regulations to which
said operator is subject.
B. Inspections Prior To Sale: Prior to the sale of a
manufactured home within a 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.
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
144
permits shall be accompanied by a site plan, drawn to scale,
detailing the unit placement, 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 drives in manufactured home parks shall be
maintained by the park owner in a good state of repair, free froT
obstructions, encumbrances, depressions, potholes, 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 to emergency service vehicles. Icy
drives 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.
11- 55 -21: LOT REQUIREMENTS AND SETBACKS:
The following minimum requirements shall be observed in an RSMH
district subject to additional requirements, exceptions and
modifications set forth in this title:
Lot area:
Corner
12,500 square feet
Interior
11,000 square feet
Lot width:
Corner
100 feet
Interior
85 feet
Setbacks:
Front yards
30 feet
Rear yards
30 feet
Side yards
10 feet on each side, or 20 feet on
the side yard abutting a public
right of way
145
Buffer yard: Refer to subsection 11 -21 -9C of this title.
11- 55 -23: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the RSMH district shall
exceed the following height:
A. Principal Buildings: Three (3) stories or thirty
five feet (35'), whichever is less.
B. Accessory Buildings: As regulated by section 11-18 -
9.0 of this title.
Section 101. Title 11, Chapter 56 of the City Code is hereby amended to read
as follows:
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
11- 56 -11: Uses By Administrative Permit
11- 56 -13: Lot Requirements And Setbacks
11- 56 -15: Building Height
11 -56 -1: PURPOSE:
The purpose of the RST -1— district is to provide for one and two
unit dwellings and directly related, complementary uses.
11 -56 -3: PERMITTED USES:
In addition to other uses specifically identified elsewhere in
this title, the following are permitted uses in an RST -1
district:
A. Parks, trails, playfields, playgrounds, and directly related
buildings and structures; city of Lakeville only.
146
B. Residential facility serving six (6) or fewer persons in a
single- family detached dwelling.
C. Single- family detached dwellings.
D. 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. 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.
C. Boarding or renting of rooms to not more than two (2)
individuals per single family detached dwelling.
D. Daycare facilities serving fourteen (14) or fewer persons in
a single- family detached dwelling.
E. Fences as regulated by chapter 21 of this title.
F. Ground source heat pump systems as regulated by chapter 29
of this title.
G. Home occupations and home offices as regulated by chapter 32
of this title.
H. Keeping of animals subject to chapter 35 of this title.
I. 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.
J. Private garages and off - street parking and off - street
loading as regulated by chapters 19 and 20 of this title.
K. Recreational vehicles and equipment parking and storage as
regulated by chapter 22 of this title.
147
L. Secondary or accessory use antennas as regulated by chapter
30 of this title.
M. Signs as regulated by chapter 23 of this title.
N. Solar energy systems as regulated by chapter 29 of this
title.
11 -56 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere 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 below for respective conditional uses, each request
for a conditional use permit shall be evaluated based upon the
standards and criteria set forth in subsection 11 -4 -3E and
section 11 -4 -7 of this title.
A. Daycare facilities as a principal or an accessory use,
except as provided for by this chapter, provided that the
use complies with the provisions of chapter 31 of this
title.
B. Essential services involving transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, as regulated by chapter 26 of this title.
C. Golf courses.
D. Government buildings and structures; public or quasi - public
or private recreational buildings and neighborhood or
community centers; public and 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 feet
(30').
E. 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:
W .
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:
Front 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 percent
(30%).
6. All residences are limited to a maximum height of one
story.
7. The public improvements within manufactured home parks
are developed in accordance with title 10 of the city
code, which include:
a. Public utilities (telephone, cable, electric
and /or gas service).
b. Sanitary sewer improvements.
C. Street and storm sewer improvements.
d. Water improvements.
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.
F. Parks and recreational areas owned or operated by public
bodies; other than the city of Lakeville.
149
G. Personal wireless service antennas not located on a public
structure, or existing tower as regulated by chapter 30 of
this title.
H. Social services or other activities which are not directly
worship related as an accessory use within a religious
institutional building(s).
11 -56 -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 -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 meter (1 m) in diameter as
regulated by chapter 30 of this title.
C. Temporary classroom type structure for use by public or
private institutions.
D. WECS exceeding the height limit of this district, as
regulated by chapter 29 of this title.
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 an RST -1 district by administrative permit:
A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, 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.
E. WECS conforming to the height limit of this district, as
regulated by chapter 29 of this title.
150
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:
Buffer yard: Refer to subsection 11 -21 -9C of this title.
11- 56 -15: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the RST -1 district shall
exceed the following height:
A. Principal Buildings: Three (3) stories or thirty
five feet (35'), whichever is less.
B. Accessory Buildings: As regulated by section 11-18 -
9.0 of this title.
Section 102. Title 11, Chapter 57 of the City Code is hereby amended to read
as follows:
151
Single- Family
Two - Family
Lot area:
Corner
10,200 square feet
15,000 square feet
Interior
8,400 square feet
15,000 square feet
Lot width:
Corner
85 feet
100 feet
Interior
70 feet
100 feet
Setbacks:
Front yards
20 feet to the
principal building;
and, 25 feet to the
face of the garage.
30 feet
Rear yards
30 feet
30 feet
Side yards
7 feet on each
side, or 20 feet on
the side yard
abutting a public
right of way
10 feet on each
side, or 20 feet on
the side yard
abutting a public
right of way
Buffer yard: Refer to subsection 11 -21 -9C of this title.
11- 56 -15: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the RST -1 district shall
exceed the following height:
A. Principal Buildings: Three (3) stories or thirty
five feet (35'), whichever is less.
B. Accessory Buildings: As regulated by section 11-18 -
9.0 of this title.
Section 102. Title 11, Chapter 57 of the City Code is hereby amended to read
as follows:
151
CHAPTER 57
SECTION:
11- 57--1:
11- 57--3:
11- 57--5:
11- 57--7:
11- 57--9:
11- 57 -11:
11- 57 -13:
11- 57 -15:
11- 57 -17:
11- 57 -19:
11- 57 -21:
11- 57 -23:
RST -2, SINGLE- AND TWO- FAMILY TRANSITION DISTRICT
Purpose
Permitted Uses
Permitted Accessory Uses
Conditional Uses
Interim Uses
Uses By Administrative Permit
Development Density
Lot Requirements And Setbacks
Common Areas
Two - Family And Detached Townhome Design And
Construction Standards
Building Height
Affordable Housing
11 -57 -1: PURPOSE:
The purpose of the RST -2 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 elsewhere in
this title, the following are permitted uses in an RST -2
district:
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.
152
C. Single- family detached dwellings.
D. Townhomes, detached only, subject to the provisions of
subsection 11- 57 -17.B of this chapter.
E. Two - family dwelling units subject to the provisions of
subsection 11- 57 -17.B of this chapter.
11 -57 -5: PERMITTED ACCESSORY USES:
In addition to other uses specifically identified elsewhere in
this title, the following are permitted accessory uses in an
RST -2 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 and —only those accessory buildings, structures, or
fences owned and maintained by a homeowners' association
shall be erected on a common base lot for detached townhouse
or two- family dwellings.
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.
C. Boarding or renting of rooms to not more than two (2)
individuals per single family detached dwelling.
D. Daycare facilities serving fourteen (14) or fewer persons in
a single- family detached dwelling.
E. Fences as regulated by Chapter 21 of this Title; For
detached townhome unit lots of record or preliminary platted
prior to April 5, 2004, fences may be erected on an
individual unit lot subject to the following standards:
1. The unit lot has a minimum width of sixty feet (60')
and minimum area of seven thousand five hundred (7,500)
square feet.
2. The fence shall only be constructed of steel or coated
steel chain link, plastic, vinyl or other maintenance
free material approved by the zoning administrator.
3. No fence may exceed a height of six feet (6').
4. If the fence, or a combination of the fence and other
structures, fully encloses any portion of the unit lot,
a gate shall be provided such that the yard is
accessible within the area of the unit lot, but outside
153
any access internal to the principal building, for
maintenance access.
5. The fence shall comply with the provisions of section
11 -21 -5 of the zoning ordinance.
F. Ground source heat pump systems as regulated by chapter 29
of this title.
G. Home occupations and home offices as regulated by chapter 32
of this title.
H. Keeping of animals subject to chapter 35 of this title.
I. 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.
J. Private garages and off - street parking and off - street
loading as regulated by chapters 19 and 20 of this title.
K. Recreational vehicles and equipment parking and storage as
regulated by chapter 22 of this title.
L. Secondary or accessory use antennas as regulated by chapter
30 of this title.
M. Signs as regulated by chapter 23 of this title.
N. Solar energy systems as regulated by chapter 29 of this
title.
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 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 subsection 11 -4 -3E and
section 11 -4 -7 of this title.
A. Daycare facilities as a principal or an accessory use,
except as provided for by this chapter, provided that the
use complies with the provisions of chapter 31 of this
title.
154
B. Essential services involving transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, as regulated by chapter 26 of this title.
C. Golf courses.
D. Government buildings and structures; public or quasi- public
or private recreational buildings and neighborhood or
community centers; public and 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 feet
(30
E. 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:
Front 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
155
shall not exceed a lot coverage of thirty percent
(30%).
6. All residences are limited to a maximum height of one
story.
7. The public improvements within manufactured home parks
are developed in accordance with title 10 of the city
code, which include:
a. Public utilities (telephone, cable, electric
and /or gas service).
b. Sanitary sewer improvements.
C. Street and storm sewer improvements.
d. Water improvements.
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.
F. Parks and recreational areas owned or operated by public
bodies; other than the city of Lakeville.
G. Personal wireless service antennas not located on a public
structure, or existing tower as regulated by chapter 30 of
this title.
H. Social services or other activities which are not directly
worship related as an accessory use within a religious
institutional building(s).
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. Residential shelters as regulated by chapter 33 of this
title.
B. Satellite TVROs greater than one meter (1 m) in diameter as
regulated by chapter 30 of this title.
C. Temporary classroom type structure for use by public or
private institutions.
D. WECS exceeding the height limit of this district, as
regulated by chapter 29 of this title.
156
11- 57 -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 RST -2 district by administrative permit:
A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, 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.
E. WECS conforming to the height limit of this district, as
regulated by chapter 29 of this title.
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 -
family 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 water
resources 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
shall be determined by the following lot area per unit
standards:
1. Single- family dwellings: As provided for in subsection
11- 57 -15A of this chapter.
2. Detached townhome dwellings: Seven thousand five
hundred (7,500) square feet per unit.
3. Two - family dwellings: Seven thousand five hundred
(7,500) square feet per unit.
11- 57 -15: LOT REQUIREMENTS AND SETBACKS:
157
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:
Corner
10,200 square feet
Interior
8,400 square feet
Lot width:
Corner
85 feet
Interior
70 feet
Setbacks:
Front yards
20 feet to the principal building;
and, 25 feet to the face of the
garage.
Rear yards
30 feet
Side yards
7 feet from the adjacent lot, or 20
feet on the side yard abutting a
p ublic right of way
Maximum Building
Coverage
40%
Buffer yard: Refer to subsection 11- 21 -9C1 of this title.
B. Detached townhome and two - family dwellings:
1. Unit Lots: The following minimum unit lot requirements
shall be applied to the subdivision of detached
townhome and two- family dwellings to permit individual
private ownership of a single dwelling within such a
structure:
a. Lot area: Detached townhome and twinhome unit lots
shall have sufficient lot area to include the
living area, garages, decks, patios, or porches of
the individual dwelling units.
2. Base Lot Setbacks:
a. A minimum setback of thirty feet (30') shall be
required at the periphery of the base lot
development.
158
3. Building Setbacks: The following minimum internal
setbacks shall be imposed on detached townhome and
twinhome developments that include more than one
principal structure on a base lot:
a. Setback between buildings within the same base lot
preliminary platted after April 5, 2004, shall
maintain a minimum separation of twenty feet
(20
b. Buildings shall be set back a minimum of thirty
feet (30') from public rights of way.
C. A protective natural buffer and building setback
shall be provided for all designated wetlands in
conformance with section 11 -16 -13 of this title.
4. Buffer Yard: Refer to subsection 11 -21 -9C of this
title.
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 development not
dedicated to the public including, but not limited to, open
space, driveways, private drives, parking areas, play areas,
etc., shall be owned in one of the following manners:
1. Condominium ownership pursuant to Minnesota statutes
515A.1 -106.
2. Detached townhome and two- family 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 two- family and 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 - FAMILY AND DETACHED TOWNHOME DESIGN AND
CONSTRUCTION STANDARDS:
159
W
C.
Unit Sizes: The size of dwelling units shall comply with the
minimums established in section 11 -17 -13 of this title.
Unit Width: The minimum width of a dwelling unit within the
RST -2 district shall be twenty five feet (25').
Unit Construction:
1. Subdivision Requests: 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. Decks Or Porches: 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. Minimum Overhang: In case of a gable roof, a minimum
twelve inch (12 ") soffit shall be required.
4. Exterior Building Finish, Detached Townhome Dwelling
And Two - Family Dwelling Units: The exterior of detached
townhome and two - family dwelling units shall include a
variation in building materials which are to be
distributed throughout the building facades and
coordinated into the architectural design of the
structure to create an architecturally balanced
appearance. In addition, detached townhome and two -
family dwelling structures shall comply with the
following requirements:
a. A minimum of twenty five percent (250) of the area
of each building facade -a 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 percent (750) of one
type of exterior finish.
C. Except for brick, stucco, and /or natural or
artificial stone, no townhome dwelling structure
shall have more than sixty percent (600) of all
building facades of one type of exterior finish.
d. For the purpose of this section:
(1) The area of the building facade shall not
include area devoted to windows, entrance
doors, garage doors, or roof areas.
160
(2) Variations in texture or style (i.e., lap
siding versus shake shingle siding) shall be
considered as different materials meeting the
requirements of this section.
(3) Integral colored split face (rock face)
concrete block or cement fiber board shall
not qualify for meeting the brick, stucco
and /or natural or artificial stone material
requirements for any fagade of a building
facing a private drive or public right -of-
way. If these materials are used to meet the
brick, stucco and /or natural or artificial
stone material requirement for the other
facades, the material shall extend the full
width of the foundation adjacent at ground
level.
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.
C. Garages shall be a minimum of twenty feet (20') in
width.
E. Storm Shelter: In cases where dwelling units are constructed
slab on grade, provisions shall be made to provide for storm
protection as required by section 11 -17 -27 of this title.
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 of this title.
G. Utilities:
1. Underground: All utilities serving an RST -2 district
subdivision, including telephone, electricity, gas and
telecable shall be installed underground.
2. Public Utility Service: Separate public utility
services shall be provided to each unit unless exempted
by the city engineer.
161
3. Water Connection: Individual unit shutoff valves 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 title 10
of the city code.
I. 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 $1,000,000.00
2 percent
$1,000.001.00 -
$20,000.00 plus
1 percent of
$2,000,000.00
project value in
excess of
$1,000,000.00
$2,000,001.00 -
$30,000.00 plus
0.75 percent of
$3,000,000.00
project value in
excess of
$2,000,000.00
$3,000,001.00 -
$37,500.00 plus
0.25 percent of
$4,000,000.00
project value in
excess of
$3,000,000.00
Over $4,000,000.00
1 percent
162
2. Landscaping at the boundary of the site adjoining
another property and the immediate perimeter of the
principal structure.
3. Buffer yard landscaping for yards bordering major
collector and arterial streets.
4. All boulevards shall be sodded.
5. Screening of designated outdoor storage areas.
6. 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.
11- 57 -21: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the RST -2 district shall
exceed the following height:
A. Principal Buildings: Three (3) stories or thirty
five feet (35'), whichever is less.
B. Accessory Buildings:
9.0 of this title.
As regulated by section 11 -18-
11- 57 -23: AFFORDABLE HOUSING:
Housing meeting the metropolitan council's livable communities
criteria for affordability may be exempted from subsections
11- 57 -19C, D, and I of this chapter by administrative 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.
Section 103. Title 11, Chapter 58 of the City Code is hereby amended to read
as follows:
CHAPTER 58
RM -1, MEDIUM - DENSITY RESIDENTIAL DISTRICT
SECTION:
11- 58 - -1: Purpose
163
11- 58 - -3: Processing
11- 58 - -5: Permitted Uses
11- 58 - -7: Permitted Accessory Uses
11- 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: Building Height
11- 58 -25: Transition Requirement
11- 58 -27: Affordable Housing
11 -58 -1: PURPOSE:
The purpose of the RM -1 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 life 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 two- family 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 title 10 of the city code provides an alternative
to the processing of a planned unit development for lots with
more than one principal structure and /or use. Subdivision and
administrative review requirements, as applicable, shall however
remain in full force and effect.
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:
164
A. More than one principal building on a base lot.
B. Parks, trails, playfields, playgrounds, and directly related
buildings and structures; city of Lakeville only.
C. Residential dwellings as required by section 1158 --2425 of
this chapter.
D. Residential facilities serving sixteen (16) or fewer
persons.
E. Single family detached dwelling units.
F. Townhomes, detached.
G. Townhomes with no more than six (6) dwelling units per
structure and no more than two (2) common walls per dwelling
unit.
H. Two family dwelling units.
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. 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 and only those accessory buildings, structures, or
fences owned and maintained by a homeowners' association
shall be erected on a common base lot for detached townhouse
or two - family dwellings.
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.
C. Boarding or renting of rooms to not more than two (2)
individuals per single family detached dwelling.
D. Daycare facilities serving fourteen (14) or fewer persons in
a single- family detached dwelling.
E. Fences as regulated by chapter 21 of this title.
F. Ground source heat pump systems as regulated by chapter 29
of this title.
165
G. Home occupations and home offices as regulated by chapter 32
of this title.
H. Keeping of animals subject to chapter 35 of this title.
I. 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.
J. Private garages and off - street parking and off - street
loading as regulated by chapters 19 and 20 of this title.
K. Recreational vehicles and equipment parking and storage as
regulated by chapter 22 of this title.
L. Secondary or accessory use antennas as regulated by chapter
30 of this title.
M. Signs as regulated by chapter 23 of this title.
N. Solar energy systems as regulated by chapter 29 of this
title.
11 -58 -9: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere in
this 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 subsection 11 -4 -3E and
section 11 -4 -7 of this title.
A. Daycare facilities as a principal or an accessory use,
except as provided for by this chapter, provided that the
use complies with the provisions of chapter 31 of this
title.
B. Essential services involving transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, as regulated by chapter 26 of this title.
C. Golf courses.
D. Government buildings and structures; public or quasi - public
or private recreational buildings and neighborhood or
community centers; public and private educational
institutions limited to accredited elementary, middle or
junior high and senior high school; and religious
166
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 feet
(30
E. 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:
Front 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 percent
(30%).
6. All residences are limited to a maximum height of one
story.
7. The public improvements within manufactured home parks
are developed in accordance with title 10 of the city
code, which include:
167
a. Public utilities (telephone, cable, electric
and /or gas service).
b. Sanitary sewer improvements.
C. Street and storm sewer improvements.
d. Water improvements.
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.
F. Parks and recreational areas owned or operated by public
bodies; other than the city of Lakeville.
G. Personal wireless service antennas not located on a public
structure, or existing tower as regulated by chapter 30 of
this title.
H. Social services or other activities which are not directly
worship related as an accessory use within a religious
institutional building(s).
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. Residential shelters as regulated by chapter 33 of this
title.
B. Satellite TVROs greater than one meter (1 m) in diameter as
regulated by chapter 30 of this title.
C. Temporary classroom type structure for use by public or
private institutions.
D. WECS exceeding the height limit of this district, as
regulated by chapter 29 of this title.
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 8 of this title, the following are uses
allowed in an RM -1 district by administrative permit:
W .
A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, 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.
E. WECS conforming to the height limit of this district, as
regulated by chapter 29 of this title.
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, townhome, or a condominium subdivision exclusive
of public street rights of way, wetlands, major drainageways
as defined by the water resources 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 and townhomes: Five thousand
(5,000) square feet per unit.
11- 58 -17: LOT REQUIREMENTS AND SETBACKS:
The following minimum requirements shall be observed in an RM -1
district subject to additional requirements, exceptions and
modifications set forth in this title:
A. Single- family detached dwellings:
Lot area:
Corner
10,800 square feet
Interior
8,400 square feet
Lot width:
Corner
85 feet
Interior
70 feet
169
Setbacks:
Front yards
20 feet to the
principal building;
and, 25 feet to the
garage face
Rear yards
30 feet
Side yards
7 feet from the
adjacent lot, or 20
feet on the side yard
abutting a public right
of way
Maximum Building40
percent
Coverage:
Buffer yard requirements as applicable to the RS -4 district shall
apply to single- family lots within the RM -1 district.
A. Two - family and townhome dwellings:
1. Unit Lots: The following minimum unit lot requirements
shall be applied to the subdivision of two- family
dwellings or townhomes to permit individual private
ownership of a single dwelling within such a structure:
a. Lot area: Two - family or townhome unit lots shall
have sufficient lot area to include the living
area, garages, decks, patios or porches of the
individual dwelling units.
2. Base Lot Setbacks:
a. A minimum setback of thirty feet (30') shall be
required at the periphery of the base lot
development.
3. Building Setbacks: The following minimum internal
setbacks shall be imposed on medium density
developments that include more than one principal
structure on a base lot:
a. Setback between buildings within the same base lot
preliminary platted after April 5, 2004, shall
maintain a minimum separation of twenty five feet
(25') .
b. Buildings shall be set back a minimum of thirty
feet (30') from the back of curb line of private
drives, 20 feet from public rights of way except
170
that the garage face shall be setback 25 feet from
public rights of way, and fifteen feet (15') from
guest parking areas.
C. A protective natural buffer and setback shall be
provided for all designated wetlands in
conformance with section 11 -16 -13 of this title.
5. Buffer Yard: The additional screening and lot
requirements of subsection 11 -21 -9C of this title shall
apply.
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 not
dedicated to the public including, but not limited to, open
space, driveways, private drives, parking areas, play areas,
etc., shall be owned in one of the following manners:
1. Condominium ownership pursuant to Minnesota statutes
515A.1 -106.
2. Two - family 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. Homeowners' Association: A homeowners' association shall be
established for two - 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 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
RM -1 district shall be twenty five feet (25').
C. Unit Construction:
1. Subdivision Requests: Building elevations and floor
plans shall be furnished with subdivision requests
171
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. Decks Or Porches: 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. Minimum Overhang: In case of a gable roof, a minimum
twelve inch (12 ") soffit shall be required.
4. Exterior Building Finish: The exterior of two- family
and 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 percent (250) of the area
of each building facade-a 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 percent (750) of one
type of exterior finish.
C. Except for brick, stucco, and /or natural or
artificial stone, no townhome dwelling structure
shall have more than sixty percent (600) of all
building facades of one type of exterior finish.
d. For the purpose of this section:
(1) The area of the building facade shall not
include area devoted to windows, entrance
doors, garage doors, or roof areas.
(2) Variations in texture or style (i.e., lap
siding versus shake shingle siding) shall be
considered as different materials meeting the
requirements of this section.
(3) Integral colored split face (rock face)
concrete block or cement fiber board shall
not qualify for meeting the brick, stucco
and /or natural or artificial stone material
requirements for any facade of a building
facing a private drive or public right -of-
172
way. If these materials are used to meet the
brick, stucco and /or natural or artificial
stone material requirement for the other
facades, the material shall extend the full
width of the foundation adjacent at ground
level.
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.
C. Garages shall be a minimum of twenty feet (20') in
width.
E. Storm Shelter: In cases where dwelling units are constructed
slab on grade, provisions shall be made to provide for storm
protection as required by section 11 -17 -27 of this title.
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 of this title.
G. Utilities:
1. Underground Or Exterior Service: All utilities serving
an RM -1 district 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 from view of adjacent
properties and the public right of way.
2. Public Utility Service: Separate public utility
services shall be provided to each unit unless exempted
by the city engineer.
3. Water Connection: Individual unit shutoff valves 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.
173
H. Streets: All streets shall be public and shall comply with
the design standards and specifications as governed by title
10 of the city code, except that the required right of way
width may be reduced to fifty feet (50') and the required
street width reduced to twenty eight feet (28') (back of
curb to back of curb) by conditional use permit.
I. Drives:
1. Dead end private driveways shall serve a maximum of one
(1) structure-a 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.
3. Private drives must include plans and areas for snow
storage.
4. Private driveways shall be a minimum of twenty four
feet (24') in width (back of curb to back of curb) and
shall be posted as no parking zones on both sides of
the driveway.
J. Guest Parking: At minimum, one -half ( / of guest parking
spaces per unit shall be provided in an off street parking
lot or private drive at locations dispersed within the
development to provide convenient access to individual
dwelling units. The design and location of the off street
parking shall be between or to the side of buildings in a
manner compatible with surrounding dwelling units, including
(but not limited to) a minimum fifteen foot (15') setback
from principal buildings, decks, patios or other open spaces
intended for active use. Guest parking areas shall be
screened in conformance with the requirements of chapters 19
and 21 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
174
having a minimum value in conformance with the
following table:
Project Value
Including Building
Minimum Landscape Value
Construction, Site
Preparation,
And Site Improvements
Below $1,000,000.00
2 percent
$1,000,001.00- $2,000,0
$20,000.00 plus 1
00.00
percent of project value
in excess of
$1,000,000.00
$2,000,001.00 - $3,000,0
$30,000.00 plus 0.75
00.00
percent of project value
in excess of
$2,000,000.00
$3,000,001.00 - $4,000,0
$37,500.00 plus 0.25
00.00
percent of project value
in excess of
$3,000,000.00
Over $4,000,000.00
1 percent
2. Landscaping at the boundary of the site adjoining
another property and the immediate perimeter of the
principal structure.
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. Additional Requirements: In addition to the park dedication
requirements stipulated by title 10 of the city code, a
minimum of ten percent (100) of the gross development
project area shall be in usable open space and recreational
use for the project residents. Such areas shall be
specifically designed for both the active and passive use by
175
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 chapter.
11- 58 -23: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the RM -1 district shall
exceed the following height:
A. Principal Buildings: Three (3) stories or thirty
five feet (35'), whichever is less.
B. Accessory Buildings: As regulated by section 11-18 -
9.0 of this title.
11- 58 -25: 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 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 may be granted at the time of
preliminary plat approval, 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 a nonresidential use allowed in the
district in which it is located.
C. The properties are separated by a railroad right of way,
wetland, water body, floodplain, public open space, park or
other such similar publicly reserved and development
restricted area with a minimum width of one hundred feet
(100') across its entire length.
D. The properties are separated by a buffer yard subject to the
following provisions:
1. The buffer yard shall be a minimum width of twenty feet
(20') across its entire length for properties separated
by a minor collector or local street right of way. The
buffer yard separation between properties not divided
176
by a minor collector or local street right of way shall
be sixty feet (60').
2. The buffer yard is installed in accordance with
requirements for a buffer yard providing a minimum ten
foot (10') screening height, subject to subsection
11 -21 -9C of this title.
3. There shall be no direct unit access from the RM -1
district use through the buffer yard to any minor
collector or local street separating the properties.
E. The requirements of this section shall not apply to any RM -1
zoned property abutting an RS -1, RS -2, RS -3, RS -4, RS -CBD
district within the same preliminary plat.
11- 58 -27: AFFORDABLE HOUSING:
Housing meeting the metropolitan council's livable communities
criteria for affordability may be exempted from subsections
11- 58 -21C, D, K, and L of this chapter by administrative 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.
Section 104. Title 11, Chapter 59 of the City Code is hereby amended to read
as follows:
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: Building Height
11- 59 -25: Transition Requirement
11- 59 -27: Affordable Housing
177
11 -59 -1: PURPOSE:
The purpose of the RM -2 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 life 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 two - family and townhome base
lots to permit individual private ownership of a single
dwelling within such a structure.
11 -59 -3: PROCESSING:
Full compliance with this chapter, other applicable provisions of
this title, and title 10 of the city code provides an alternative
to the processing of a planned unit development for lots with
more than one 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 the RM -2
district:
A. More than one principal building on a base lot.
B. Parks, trails, playfields, playgrounds, and directly related
buildings and structures; city of Lakeville only.
C. Residential dwellings as required by section 11 -58 -25 of
this chapter.
D. Residential facilities serving sixteen (16) or fewer
persons.
E. Townhomes, detached.
178
F. 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.
G. Two family dwelling units.
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 -2 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 and only those accessory buildings, structures, or
fences owned and maintained by a homeowners' association
shall be erected on a common base lot for detached townhouse
or two - family dwellings.
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.
C. Boarding or renting of rooms to not more than two (2)
individuals per single family detached dwelling.
D. Daycare facilities serving fourteen (14) or fewer persons in
a single- family detached dwelling.
E. Fences as regulated by chapter 21 of this title.
F. Ground source heat pump systems as regulated by chapter 29
of this title.
G. Home occupations and home offices as regulated by chapter 32
of this title.
H. Keeping of animals subject to chapter 35 of this title.
I. 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.
J. Private garages and off - street parking and off - street
loading as regulated by chapters 19 and 20 of this title.
K. Recreational vehicles and equipment parking and storage as
regulated by chapter 22 of this title.
179
L. Secondary or accessory use antennas as regulated by chapter
30 of this title.
M. Signs as regulated by chapter 23 of this title.
N. Solar energy systems as regulated by chapter 29 of this
title.
11 -59 -9: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere 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 subsection 11 -4 -3E and
section 11 -4 -7 of this title.
A. Daycare facilities as a principal or an accessory use,
except as provided for by this chapter, provided that the
use complies with the provisions of chapter 31 of this
title.
B. Essential services involving transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, as regulated by chapter 26 of this title.
C. Golf courses.
D. Government buildings and structures; public or quasi - public
or private recreational buildings and neighborhood or
community centers; public and 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 feet
(30
E. 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:
:1
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:
Front 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 percent
(30%).
6. All residences are limited to a maximum height of one
story.
7. The public improvements within manufactured home parks
are developed in accordance with title 10 of the city
code, which include:
a. Public utilities (telephone, cable, electric
and /or gas service).
b. Sanitary sewer improvements.
C. Street and storm sewer improvements.
d. Water improvements.
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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.
F. Parks and recreational areas owned or operated by public
bodies; other than the city of Lakeville.
G. Personal wireless service antennas not located on a public
structure, or existing tower as regulated by chapter 30 of
this title.
H. Social services or other activities which are not directly
worship related as an accessory use within a religious
institutional building(s).
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. Residential shelters as regulated by chapter 33 of this
title.
B. Satellite TVROs greater than one meter (1 m) in diameter as
regulated by chapter 30 of this title.
C. Temporary classroom type structure for use by public or
private institutions.
D. WECS exceeding the height limit of this district, as
regulated by chapter 29 of this title.
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 8 of this title, the following are uses
allowed in an RM -2 district by administrative permit:
A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, 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.
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D. Temporary structures as regulated by chapter 28 of this
title.
E. WECS conforming to the height limit of this district, as
regulated by chapter 29 of this title.
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, townhome, or a condominium subdivision exclusive
of public street rights of way, wetlands, major drainageways
as defined by the water resources 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. 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, townhomes: Five thousand (5,000)
square feet per unit.
11- 59 -17: LOT REQUIREMENTS AND SETBACKS:
The following minimum requirements shall be observed in an RM -2
district subject to additional requirements, exceptions and
modifications set forth in this title:
A. Two - family and townhome dwellings:
1. Unit Lots: The following minimum unit lot requirements
shall be applied to the subdivision of two - family or
townhomes dwellings to permit individual private
ownership of a single dwelling within such a structure:
a. Lot area: Two- family or townhome unit lots shall
have sufficient lot area to include the living
area, garages, decks, patios or porches of the
individual dwelling units.
2. Base Lot Setbacks:
a. A minimum setback of thirty feet (30') shall be
required at the periphery of the base lot
development.
3. Building Setbacks: The following minimum internal
setbacks shall be imposed on medium density
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developments that include more than one principal
structure on a base lot:
a. Setback between buildings within the same base lot
shall maintain a minimum separation of twenty five
feet (25').
b. Buildings shall be set back a minimum of thirty
feet (30') from the back of curb line of private
drives, 20 feet from public rights of way except
that the garage face shall be setback 25 feet from
public rights of way, and fifteen feet (15') from
guest parking areas.
C. A protective natural buffer
provided for all designated
conformance with section 11
4. Buffer Yard: The additional scre
requirements of subsection 11 -21
apply.
11- 59 -19: COMMON AREAS:
and setback shall be
wetlands in
-16 -13 of this title.
ening and lot
-9C of this title shall
The following minimum requirements shall be observed in the RM -2
district governing common areas:
A. Ownership: All common areas within an RM -2 development not
dedicated to the public including, but not limited to, open
space, driveways, private drives, parking areas, play areas,
etc., shall be owned in one of the following manners:
1. Condominium ownership pursuant to Minnesota statutes
515A.1 -106.
2. Two - family 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. Homeowners' Association: A homeowners' association shall be
established for all two- family and townhome developments
within the RM -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- 58 -21: DESIGN AND CONSTRUCTION STANDARDS:
184
W
C.
Unit Size: The size of dwelling units shall comply with the
minimums established in section 11 -17 -13 of this title.
Unit Width: The minimum width of a dwelling unit within the
RM -2 district shall be twenty five feet (25').
Unit Construction:
1. Subdivision Requests: 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. Decks Or Porches: 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. Minimum Overhang: In case of a gable roof, a minimum
twelve inch (12 ") soffit shall be required.
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 percent (250) of the area
of each building facade 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 percent (750) of one
type of exterior finish.
C. Except for brick, stucco, and /or natural or
artificial stone, no townhome dwelling structure
shall have more than sixty percent (600) of all
building facades of one type of exterior finish.
d. For the purpose of this section:
(1) The area of the building
include area devoted to
doors, garage doors, or
facade shall not
windows, entrance
roof areas.
185
(2) Variations in texture or style (i.e., lap
siding versus shake shingle siding) shall be
considered as different materials meeting the
requirements of this section.
(3) Integral colored split face (rock face)
concrete block or cement fiber board shall
not qualify for meeting the brick, stucco
and /or natural or artificial stone material
requirements for the front fagade of a
building facing a private drive or public
right -of -way. If these materials are used to
meet the brick, stucco and /or natural or
artificial stone material requirement for the
other facades, the material shall extend the
full width of the foundation adjacent at
ground level.
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.
C. Garages shall be a minimum of twenty feet (20') in
width.
E. Storm Shelter: In cases where dwelling units are constructed
slab on grade, provisions shall be made to provide for storm
protection as required by section 11 -17 -27 of this title.
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 of this title.
G. Utilities:
1. Underground Or Exterior Service: All utilities serving
an RM -2 district 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 from view of adjacent
properties and the public right of way.
:.
2. Public Utility Service: Separate public utility
services shall be provided to each unit unless exempted
by the city engineer.
3. Water Connection: Individual unit shutoff valves 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
the design standards and specifications as governed by title
10 of the city code, except that the required right of way
width may be reduced to fifty feet (50') and the required
street width reduced to twenty eight feet (28') (back of
curb to back of curb) by conditional use permit.
I. Drives:
1. Dead end private driveways shall serve a maximum of one
(1) structure 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.
3. Private drives must include plans and areas for snow
storage.
4. Private driveways shall be a minimum of twenty four
feet (24') in width (back of curb to back of curb) and
shall be posted as no parking zones on both sides of
the driveway.
J. Guest Parking: At minimum, one -half ( / of guest parking
spaces per unit shall be provided in an off street parking
lot or private drive at locations dispersed within the
development to provide convenient access to individual
dwelling units. The design and location of the off street
parking shall be between or to the side of buildings in a
manner compatible with surrounding dwelling units, including
(but not limited to) a minimum fifteen foot (15') setback
from principal buildings, decks, patios or other open spaces
intended for active use. Guest parking areas shall be
screened in conformance with the requirements of chapters 19
and 21 of this title.
K. Landscaping /Screening /Lighting: A detailed landscaping and
lighting plan shall be provided and implemented pursuant to
187
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 $1,000,000.00
2 percent
$1,000,001.00 - $2,000,0
$20,000.00 plus 1
00.00
percent of project value
in excess of
$1,000,000.00
$2,000,001.00 - $3,000,0
$30,000.00 plus 0.75
00.00
percent of project value
in excess of
$2,000,000.00
$3,000,001.00- $4,000,0
$37,500.00 plus 0.25
00.00
percent of project value
in excess of
$3,000,000.00
Over $4,000,000.00
1 percent
2. Landscaping at the boundary of the site adjoining
another property and the immediate perimeter of the
principal structure.
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
188
(where access is allowed by the governmental
jurisdiction), shall have an in ground irrigation
system with an automatic controller.
L. Additional Requirements: In addition to the park dedication
requirements stipulated by title 10 of the city code, a
minimum of ten percent (100) of the gross development
project area shall be in usable open space and recreational
use for the project residents. Such areas shall be
specifically designed for both the active 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 -59 -19 of this chapter.
11- 59 -23: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the RM -2 District shall
exceed the following height:
A. Principal Buildings: Three (3) stories or thirty
five feet (35'), whichever is less.
B. Accessory Buildings: As regulated by section 11-18 -
9.0 of this title.
11- 59 -25: TRANSITION REQUIREMENT:
Any RM -2 zoned property abutting an RS -1, RS -2, RS -3, RS -4,
RS -CBD district shall have a minimum of one 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 may be granted at the time of
preliminary plat approval, 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 a nonresidential use allowed in the
district in which it is located.
C. The properties are separated by a railroad right of way,
wetland, water body, floodplain, public open space, park or
other such similar publicly reserved and development
:•
restricted area with a minimum width of one hundred feet
(100') across its entire length.
D. The properties are separated by a buffer yard subject to the
following provisions:
1. The buffer yard shall be a minimum width of twenty feet
(20') across its entire length for properties separated
by a minor collector or local street right of way. The
buffer yard separation between properties not divided
by a minor collector or local street right of way shall
be sixty feet (60').
2. The buffer yard is installed in accordance with
requirements for a buffer yard providing a minimum ten
foot (10') screening height, subject to subsection
11 -21 -9C of this title.
3. There shall be no direct unit access from the RM -2
district use through the buffer yard to any minor
collector or local street separating the properties.
E. The requirements of this section shall not apply to any RM -2
zoned property abutting an RS -1, RS -2, RS -3, RS -4, RS -CBD
district within the same preliminary plat.
11- 59 -27: AFFORDABLE HOUSING:
Housing meeting the metropolitan council's livable communities
criteria for affordability may be exempted from subsections
11- 59 -21C, D, K, and L of this chapter by administrative 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.
Section 105. Title 11, Chapter 61 of the City Code is hereby amended to read
as follows:
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
190
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: Building Height
11- 61 -23: Transition Requirement
11- 61 -25: Affordable Housing
11 -61 -1: PURPOSE:
The purpose of the RH -1 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. Multiple- family dwelling structures.
B. Parks, trails, playfields, playgrounds, and directly related
buildings and structures; city of Lakeville only.
C. Residential dwellings as required by section 11 -61 -2423 of
this chapter.
D. Residential facilities serving sixteen (16) or fewer
persons.
E. Senior assisted or continuing care retirement community.
F. Townhouses, six (6) units in a row or twelve (12) units back
to back.
G. Two family dwelling units.
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:
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 and, only those accessory buildings, structures, or
fences owned and maintained by a homeowners' association
shall be erected on a common base lot for detached townhouse
or two - family dwellings.
191
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.
C. Boarding or renting of rooms to not more than two (2)
individuals per single family detached dwelling.
D. Daycare facilities serving fourteen (14) or fewer persons in
a single- family detached dwelling.
E. Fences as regulated by chapter 21 of this title.
F. Ground source heat pump systems as regulated by chapter 29
of this title.
G. Home occupations and home offices as regulated by chapter 32
of this title.
H. Keeping of animals subject to chapter 35 of this title.
I. 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.
J. Private garages and off - street parking and off - street
loading as regulated by chapters 19 and 20 of this title.
K. Recreational vehicles and equipment parking and storage as
regulated by chapter 22 of this title.
L. Secondary or accessory use antennas as regulated by chapter
30 of this title.
M. Signs as regulated by chapter 23 of this title.
N. Solar energy systems as regulated by chapter 29 of this
title.
11 -61 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere 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 set forth in subsection 11 -4 -3E and
section 11 -4 -7 of this title.
192
A. Daycare facilities as a principal or an accessory use,
except as provided for by this chapter, provided that the
use complies with the provisions of chapter 31 of this
title.
B. Essential services involving transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, as regulated by chapter 26 of this title.
C. Golf courses.
D. Government buildings and structures; public or quasi - public
or private recreational buildings and neighborhood or
community centers; public and 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 feet
(30').
E. 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:
Front yard
30 feet
Rear yard
30 feet
Side yard
15 feet on each side, or 30
feet on the side yard
193
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 percent
(30%).
6. All residences are limited to a maximum height of one
story.
7. The public improvements within manufactured home parks
are developed in accordance with title 10 of the city
code, which include:
a. Public utilities (telephone, cable, electric
and /or gas service).
b. Sanitary sewer improvements.
C. Street and storm sewer improvements.
d. Water improvements.
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.
F. More than one principal residential building on one lot of
record, provided that:
1. The applicable provisions of section 11 -61 -17 of this
chapter are satisfactorily met.
G. Parks and recreational areas owned or operated by public
bodies; other than the city of Lakeville.
H. Personal wireless service antennas not located on a public
structure, or existing tower as regulated by chapter 30 of
this title.
I. Social services or other activities which are not directly
worship related as an accessory use within a religious
institutional building(s).
11 -61 -9: INTERIM USES:
In addition to other uses specifically identified elsewhere in
this title, and subject to applicable provisions of this title,
194
the following are interim uses in the RH -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 meter (1 m) in diameter as
regulated by chapter 30 of this title.
C. Temporary classroom type structure for use by public or
private institutions.
D. WECS exceeding the height limit of this district, as
regulated by chapter 29 of this title.
11- 61 -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 RH -1 district by administrative permit:
A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, 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.
E. WECS conforming to the height limit of this district, as
regulated by chapter 29 of this title.
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, townhome, or a condominium subdivision exclusive
of public street rights of way, wetlands, major drainageways
as defined by the water resources management plan, water
bodies and slopes steeper than three to one (3:1) slope
ratio.
B. The RH -1 district allows for a variety of residential
housing types. The maximum development density shall be
determined by the following lot area per unit standards:
195
1. Two - family dwellings and townhomes: Five thousand
(5,000) square feet per unit.
2. Multiple- family dwellings: Two thousand five hundred
(2,500) square feet per unit.
3. Senior assisted living or continuing care retirement
communities: One thousand five hundred (1,500) square
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 of this chapter prior
to subdivision of unit lots.
1. Lot area: Twenty thousand (20,000) square feet.
2. Lot width: One hundred feet (100').
B. Unit Lots; Two - Family and Townhome Units: The following
minimum unit lot requirements shall be applied to the
subdivision of two - family dwellings or townhomes to permit
individual private ownership of a single dwelling within
such a structure:
1. Lot area: Two - family or townhome unit lots shall have
sufficient lot area to include the living area,
garages, decks, patios or porches of the individual
dwelling units.
C. Unit Lots; Single- Family Detached Dwellings: Lot sizes and
setback requirements for transitional single- family detached
dwellings required by section 11 -61 -21 of this chapter shall
be subject to the same standards imposed by the abutting
residential district for which the transition is intended to
buffer.
D. Base Lot Setbacks: A minimum setback of thirty feet (30')
shall be required at the periphery of the base lot
development.
196
E. Building Setbacks: The following minimum internal setbacks
shall be imposed on developments that include more than one
principal structure on a base lot:
1. Setback between buildings within the same base lot
preliminary platted after April 5, 2004, shall maintain
a minimum separation of twenty five feet (25').
2. Buildings shall be set back a minimum of thirty feet
(30') from the back of curb line of private drives, 20
feet from public rights of way except that the garage
face shall be setback 25 feet from public rights of
way, and fifteen feet (15') from guest parking areas.
3. A protective natural buffer and building setback shall
be provided for all designated wetlands in conformance
with section 11 -16 -13 of this title.
F. Buffer Yard: The additional screening and lot requirements
of subsection 11- 21 -9.0 of this title shall apply.
11- 61 -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 not
dedicated to the public including, but not limited to, open
space, driveways, private drives, parking areas, play areas,
etc., shall be owned in one of the following manners:
1. Condominium ownership pursuant to Minnesota statutes
515A.1 -106.
2. Two - family 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. Homeowners' Association: A homeowners' association shall be
established for all two- family, townhome and multiple- family
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 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:
197
A. Design and construction standards for two - family and
townhome-a uses shall be as specified in section 11 -58 -21 of
this title.
B. The 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 percent (500) 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: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the RH -1 District shall
exceed the following height:
A. Principal Buildings: Three (3) stories or thirty
five feet (35'), whichever is less.
B. Accessory Buildings: As regulated by section 11-18 -
9.0 of this title.
11- 61 -23: TRANSITION REQUIREMENT:
Any RH -1 zoned property abutting an RS -1, RS -2, RS -3, RS -4,
RS -CBD district shall have a minimum of one 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:
A. The properties are separated by a major collector or
arterial street.
B. The abutting land use is a nonresidential use allowed in the
district in which it is located.
••
C. The properties are separated by a railroad right of way,
wetland, water body, floodplain, public open space, park or
other such similar publicly reserved and development
restricted area with a minimum width of one hundred feet
(100') across its entire length.
11- 61 -25: AFFORDABLE HOUSING:
Housing meeting the metropolitan council's livable communities
criteria for affordability may be exempted from subsections
11- 58 -21C, D, K, and L of this title where required by section
11- 61 -19.A of this chapter by administrative 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.
Section 106. Title 11, Chapter 62 of the City Code is hereby amended to read
as follows:
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: Building Height
11- 62 -23: Transition Requirement
11- 62 -25: Affordable Housing
11 -62 -1: PURPOSE:
The purpose of the RH -2 district is to provide for high density
housing in multiple- family structures and directly related
complementary uses at appropriate locations within the city.
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:
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A. Multiple- family dwelling structures.
B. Parks, trails, playfields, playgrounds, and directly related
buildings and structures; city of Lakeville only.
C. Residential dwellings as required by section 11 -61 -23 of
this chapter.
D. Residential facilities serving sixteen (16) or fewer
persons.
E. Senior assisted or continuing care retirement community.
F. Townhouses, six (6) units in a row or twelve (12) units back
to back.
G. Two family dwelling units.
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. 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 only those accessory buildings, structures, or fences
owned and maintained by a homeowners' association shall be
erected on a common base lot for detached townhouse or two -
family dwellings.
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.
C. Boarding or renting of rooms to not more than two (2)
individuals per single family detached dwelling.
D. Daycare facilities serving fourteen (14) or fewer persons in
a single- family detached dwelling.
E. Fences as regulated by chapter 21 of this title.
F. Ground source heat pump systems as regulated by chapter 29
of this title.
G. Home occupations and home offices as regulated by chapter 32
of this title.
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H. Keeping of animals subject to chapter 35 of this title.
I. 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.
J. Private garages and off - street parking and off - street
loading as regulated by chapters 19 and 20 of this title.
K. Recreational vehicles and equipment parking and storage as
regulated by chapter 22 of this title.
L. Secondary or accessory use antennas as regulated by chapter
30 of this title.
M. Signs as regulated by chapter 23 of this title.
N. Solar energy systems as regulated by chapter 29 of this
title.
11 -62 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere 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 subsection 11 -4 -3E and
section 11 -4 -7 of this title.
A. Daycare facilities as a principal or an accessory use,
except as provided for by this chapter, provided that the
use complies with the provisions of chapter 31 of this
title.
B. Essential services involving transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, as regulated by chapter 26 of this title.
C. Golf courses.
D. Government buildings and structures; public or quasi - public
or private recreational buildings and neighborhood or
community centers; public and 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
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required for the district, but no greater than thirty feet
(30') .
E. 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:
Front 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 percent
(30%).
6. All residences are limited to a maximum height of one
story.
7. The public improvements within manufactured home parks
are developed in accordance with title 10 of the city
code, which include:
a. Public utilities (telephone, cable, electric
and /or gas service).
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b. Sanitary sewer improvements.
C. Street and storm sewer improvements.
d. Water improvements.
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.
F. More than one principal residential building on one lot of
record, provided that:
1. The applicable provisions of section 11 -62 -17 of this
chapter are satisfactorily met.
G. Parks and recreational areas owned or operated by public
bodies; other than the city of Lakeville.
H. Personal wireless service antennas not located on a public
structure, or existing tower as regulated by chapter 30 of
this title.
I. Social services or other activities which are not directly
worship related as an accessory use within a religious
institutional building(s).
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. Residential shelters as regulated by chapter 33 of this
title.
B. Satellite TVROs greater than one meter (1 m) in diameter as
regulated by chapter 30 of this title.
C. Temporary classroom type structure for use by public or
private institutions.
D. WECS exceeding the height limit of this district, as
regulated by chapter 29 of this title.
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
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requirements of chapter 8 of this title, the following are uses
allowed in an RH -2 district by administrative permit:
A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up to
100kV, 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.
E. WECS conforming to the height limit of this district, as
regulated by chapter 29 of this title.
11- 62 -13: DEVELOPMENT DENSITY:
A. The maximum development density within an RH -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 water
resources management plan, water bodies 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 and townhomes: Five thousand
(5,000) square feet per unit.
2. Multiple- family dwellings: Two thousand five hundred
(2,500) square feet per unit.
3. Senior assisted living or continuing care retirement
communities: One thousand five hundred (1,500) square
feet per unit.
11- 62 -15: LOT REQUIREMENTS AND SETBACKS:
The following minimum requirements shall be observed in an RH -2
district subject to additional requirements, exceptions and
modifications set forth in this title:
A. Base Lot Minimums: Within the RH -2 district, the following
minimum base lot requirements shall be imposed. The base lot
shall represent the smallest lot or parcel which may
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accommodate development within the framework of the
permitted density of section 11 -62 -13 of this chapter prior
to subdivision of unit lots.
1. Lot area: Twenty thousand (20,000) square feet.
2. Lot width: One hundred feet (100').
B. Unit Lots; Two- Family and Townhomes Units: The following
minimum unit lot requirements shall be applied to the
subdivision of two- family dwellings or townhomes to permit
individual private ownership of a single dwelling within
such a structure:
1. Lot area: Two- family or townhome unit lots shall have
sufficient lot area to include the living area,
garages, decks, patios or porches of the individual
dwelling units.
2. Lot width:
a. Two - family dwelling: Fifty feet (50').
b. Townhome: Twenty five feet (25').
C. Unit Lots; Single- Family Detached Dwellings: Lot sizes and
setback requirements for transitional single- family detached
dwellings required by section 11 -62 -21 of this chapter shall
be subject to the same standards imposed by the abutting
residential district for which the transition is intended to
buffer.
D. Base Lot Setbacks: A minimum setback of thirty feet (30')
shall be required at the periphery of the base lot
development.
E. Building Setbacks: The following minimum internal setbacks
shall be imposed on developments that include more than one
principal structure on a base lot:
1. Setback between buildings within the same base lot
shall maintain a minimum separation of twenty five feet
(25') .
2. Buildings shall be set back a minimum of thirty feet
(30') from the back of curb line of private drives, 20
feet from public rights of way except that the garage
face shall be setback 25 feet from public rights of
way, and fifteen feet (15') from parking areas.
3. A protective natural buffer and building setback shall
be provided for all designated wetlands in conformance
with section 11 -16 -13 of this title.
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F. Buffer Yard: The additional screening and lot requirements
of subsection 11 -21 -9C of this title shall apply.
11- 62 -17: COMMON AREAS:
The following minimum requirements shall be observed in the RH -2
district governing common areas:
A. Ownership: All common areas within an RH -1 development not
dedicated to the public including, but not limited to, open
space, driveways, private drives, parking areas, play areas,
etc., shall be owned in one of the following manners:
1. Condominium ownership pursuant to Minnesota statutes
515A.1 -106.
2. Two - family 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. Homeowners' Association: A homeowners' association shall be
established for all two- family, townhome and multiple- family
developments within the RH -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- 62 -19: DESIGN AND CONSTRUCTION STANDARDS:
A. Design and construction standards for two - family and
townhome uses shall be as specified in section 11 -58 -21 of
this title.
B. The 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 percent (50 %) 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.
206
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- 62 -21: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the RH -2 district shall
exceed the following height:
A. Principal Buildings: Four (4) stories or forty five
feet (45'), whichever is less.
B. Accessory Buildings: As regulated by section 11-18 -
9.0 of this title.
11- 62 -23: TRANSITION REQUIREMENT:
Any RH -2 zoned property abutting an RS -1, RS -2, RS -3, RS -4,
RS -CBD district shall have a minimum of one 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:
A. The properties are separated by a major collector or
arterial street.
B. The abutting land use is a nonresidential use allowed in the
district in which it is located.
C. The properties are separated by a railroad right of way,
wetland, water body, floodplain, public open space, park or
other such similar publicly reserved and development
restricted area with a minimum width of one hundred feet
(100') across its entire length.
11- 62 -25: AFFORDABLE HOUSING:
Housing meeting the metropolitan council's livable communities
criteria for affordability may be exempted from subsections
11- 58 -21C, D, K, and L of this Title where required by section
11- 62 -19.A of this chapter by administrative 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.
207
Section 107. Title 11, Chapter 70 of the City Code is hereby amended to read
as follows:
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 -17: Building Height
11 -70 -1: PURPOSE:
The purpose of the O -R 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 of public services and facilities
shall be available within areas zoned O -R district.
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. Governmental and public utility buildings and structures;
city of Lakeville only.
D. Instructional classes.
E. Office businesses.
F. On -site service businesses.
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G. Parks, trails, playfields, playgrounds, and directly related
buildings and structures; city of Lakeville only.
H. Restaurants, take out /delivery only.
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
district:
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. Ground source heat pump systems as regulated by chapter 29
of this title.
D. Keeping of animals as regulated by chapter 35 of this
title.
E. Off- street parking and off - street loading as regulated by
chapters 19 and 20 of this title, but not including
semitrailer trucks, except in designated loading areas not
to exceed four (4) hours.
F. Satellite TVROs as regulated by chapter 30 of this title.
G. Secondary or accessory use antennas or satellites as
regulated by chapter 30 of this title.
H. Sexually oriented uses, accessory.
I. Signs as regulated by chapter 23 of this title.
J. Solar energy systems as regulated by chapter 29 of this
title.
11 -70 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere in
this title, the following are conditional uses in an O -R
district and require a conditional use permit based upon
209
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 subsection 11 -4 -3E
and section 11 -4 -7 of this title.
A. Antennas: Personal wireless service antennas telephone
antennas not located on a public structure, as regulated by
chapter 30 of this title.
B. Commercial Activities: Retail commercial activities,
provided that:
1. Merchandise is sold at retail.
2. The retail activity is located within a structure
whose principal use is not commercial sales.
3. The retail activity shall not occupy more than fifteen
percent (150) 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.
C. Community Preschool, Latchkey and Adult Education
Facilities provided that:
1. 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 preschool
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.
4. Attendance: The attendance of children in the latchkey
and preschool program is on a long term scheduled
enrollment program instead of on a temporary, sporadic
basis.
210
5. Lot Requirements And Setbacks: The proposed site for a
community preschool, latchkey 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 lot 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
preschool, latchkey and adult education facility must
meet the minimum setback requirements of the
respective zoning district.
6. Sewer And Water: All community preschool, latchkey 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 preschool, latchkey and
adult education facility is in or abuts any
residential use or zoned property, the community
preschool, latchkey 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 preschool, latchkey 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 street parking spaces required.
b. Parking and loading areas shall be separate from
any outdoor play area.
9. Community Preschool, Latchkey And Adult Education
Building /Space: The building plans for the
construction or alteration of a structure that shall
be used as a community preschool, latchkey and adult
education facility shall be submitted to the city for
review by the building official to ensure the
structure is in compliance with the state fire and
211
building codes. The facility shall meet the following
conditions:
a. The architectural appearance and functional plan
of the building and site shall comply with the
requirements of section 11 -17 -9 of this title.
b. When the community preschool, latchkey and adult
education facility is a use within a multitenant
building, it shall be located in a portion of the
building separated from the other uses located
within the structure.
C. The community preschool, latchkey and adult
education facility shall be adequately
soundproofed to remove extraneous noise that
would interfere with the community preschool,
latchkey and adult education operation and would
affect the health, safety and welfare of the
community preschool, latchkey and adult education
participants.
D. Daycare: Daycare facilities as a principal or accessory use
provided that the use complies with the provisions of
chapter 31 of this title.
E. Essential Services: Essential services involving
transmission pipelines and transmission or substation lines
in excess of 33kV and up to 100kV, as regulated by chapter
26 of this title.
F. Fitness centers limited to two thousand (2,000) square feet
of gross floor area or less provided that:
1. Adequate off - street parking and off - street loading
shall be provided in compliance with chapters 19 and
20 of this title.
2. The total number of stations shall not exceed one per
one hundred (100) square feet of gross floor area.
3. The use is located and developed so as not to create
an incompatible operation problem with adjoining and
neighboring commercial and /or residential uses.
4. Hours of operation shall be limited to five o'clock
(5:00) A.M. to eleven o'clock (11:00) P.M unless
allowed by the city council.
212
G. Governmental and public utility buildings and structures;
other than city of Lakeville.
H. Hotels: Extended stay hotels without restaurants provided
that:
1. More than fifty percent (500) of the rooms shall have
cooking facilities.
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.
I. Mixed Uses: Buildings combining residential and
nonresidential uses allowed in this district, provided
that:
1. The residential and nonresidential uses shall not
conflict in any manner.
2. The residential building standards as outlined in the
RH -1 Eenm6nff district are met.
J. Multiple- Family Dwellings: Multiple- family dwelling
structures subject to the requirements of the RH -1
district.
K. Multiple Principal Buildings: Multiple principal buildings
on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum
lot area and lot width requirements of section
11 -70 -15 of this chapter.
2. Setbacks: Setbacks between multiple principal
buildings within the same base lot shall be a minimum
of twenty feet (20') .
3. Wetland Boundary Setback: All buildings shall be
setback a minimum thirty three feet (33') from the
designated wetland boundary.
4. Common Areas: All common areas including, but not
limited to, open space, wetlands, greenways, drainage
213
ponds, driveways, parking areas, sidewalks, etc.,
shall be maintained in one of the following ways:
a. All of the property including buildings and
common areas shall be owned by a single entity.
b. Condominium ownership pursuant to Minnesota
statutes 515A.1 -106.
C. The property shall be divided into a base lot and
unit lots to allow for individual ownership of
the principal buildings or individual tenant
spaces within the principal building, with each
owner of a unit lot having an equal and undivided
interest in the common area, subject to the
following requirements:
(1) The tenant space related to each unit lot
shall have an exclusive exterior entrance.
(2) A management association shall be
established for all commercial developments
with multiple principal buildings subdivided
in a base lot /unit lot configuration that is
to be responsible for all exterior building
maintenance, approval of any exterior
architectural modifications, landscaping,
snow clearing and regular maintenance of
driveways and parking areas, subject to
review and approval of the city attorney.
5. Utilities:
a. Underground Or Exterior Service: All utilities
including telephone, electricity, gas, and
telecable shall be installed underground.
Exterior utility meters and fixtures shall be
located in interior side or rear yards when
possible and shall be screened from view of
adjacent properties and the public right of way.
b. Public Utility Service: Separate public utility
services shall be provided to each unit unless
exempted by the city engineer.
214
(1) Water Connection: A shutoff valve for each
individual unit shall be provided.
(2) Sewer Connection: Where more than one unit
is served by a sanitary sewer service, all
maintenance and cleaning shall be the
responsibility of the maintenance
association or owners.
L. Nursing Homes and Residential Care Facilities provided
that:
1. Side yards are double the minimum requirements
established for this district and are screened in
compliance with section 11 -21 -9 of this title.
2. Only the rear yard shall be used for 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 by the use.
4. All state laws and statutes governing such uses are
strictly adhered to and all required operating permits
are secured.
M. Religious Institutions: Religious institutions such as
churches, chapels, temples, and synagogues including
secondary social services.
N. Restaurants: 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.
0. Senior assisted living and continuing care retirement
communities: Senior assisted living and continuing care
215
retirement communities subject to the requirements of the
RH -1 district.
P. Veterinary Clinics: 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 (60) degrees and seventy
five (75) degrees 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 shall be properly disposed of at
least once a day.
216
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 met.
11 -70 -9: INTERIM USES:
In addition to other uses specifically identified elsewhere in
this 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 exceeding the height limit of this district, as
regulated by chapter 29 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 O -R district by administrative
permit:
A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up
to 100kV, 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.
D. WECS conforming to the height limit of this district, as
regulated by chapter 29 of this title.
11- 70 -13: DESIGN STANDARDS:
The architectural appearance and functional design of the
building and site shall maintain a high standard of
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architectural and aesthetic compatibility with surrounding
residential uses and shall comply with the exterior finish
requirements of section 11 -17 -9 of this title.
11- 70 -15: LOT REQUIREMENTS AND SETBACKS:
The following minimum requirements shall be observed in an 0 -R
district subject to additional requirements, exceptions and
modifications set forth in this title:
Lot Area:
Corner
24,000 square feet
Interior
20,000 square feet
Lot Width:
Corner
120 feet
Interior
100 feet
Front yards
30 feet
Rear yards
30 feet
Side yards
15 feet on each side, or 30
feet on the side yard
abutting a public right of
way
11- 70 -17: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the O -R district shall
exceed the following height:
A. Principal Buildings: Three (3) stories or thirty
five feet (35'), whichever is less.
B. Accessory Buildings: As regulated by section 11-18 -
9.0 of this title.
Section 108. Title 11, Chapter 71 of the City Code is hereby amended to read
as follows:
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CHAPTER 71
C -1, NEIGHBORHOOD 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 -15: Building Height
11 -71 -1: PURPOSE:
The purpose of the C -1 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. Bank, savings and loan, savings credit unions and other
financial institutions.
B. Funeral homes and mortuaries.
C. Governmental and public utility buildings and structures;
city of Lakeville only.
D. Instructional classes.
E. Office businesses.
F. On site service businesses.
G. Public garages and parking lots.
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H. Restaurants, take out /delivery only.
I. Retail businesses.
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 thirty percent (300) of the gross floor space of the
principal use.
B. Fences as regulated by chapter 21 of this title.
C. Ground source heat pump systems as regulated by chapter 29
of this title.
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 semitrailer trucks, except in
designated loading areas not to exceed four (4) hours.
F. Satellite TVROs as regulated by chapter 30 of this title.
G. Secondary or accessory use antennas or satellites as
regulated by chapter 30 of this title.
H. Sexually oriented uses, accessory.
I. Signs as regulated by chapter 23 of this title.
J. Solar energy systems as regulated by chapter 29 of this
title.
11 -71 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere in
this title, the following are conditional uses in a C -1 district
and require a conditional use permit based upon procedures set
forth in and regulated by chapter 4 of this title. Additionally,
220
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 subsection 11 -4 -3E and
section 11 -4 -7 of this title.
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 section 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.
a. Where the car wash operation is within five
hundred feet (500 of a residential district,
the exterior vehicle doors of the car wash must
remain closed during the entire operation cycle.
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
pretreated and discharged into the storm sewer, the
pretreatment 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.
221
B. Community Preschool, Latchkey and Adult Education
Facilities provided that:
1. 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 preschool
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.
4. Attendance: The attendance of children in the latchkey
and preschool program is on a long term scheduled
enrollment program instead of on a temporary, sporadic
basis.
5. Lot Requirements And Setbacks: The proposed site for a
community preschool, latchkey 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 lot 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
preschool, latchkey and adult education facility must
meet the minimum setback requirements of the
respective zoning district.
6. Sewer And Water: All community preschool, latchkey 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 preschool, latchkey and
adult education facility is in or abuts any
residential use or zoned property, the community
preschool, latchkey 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:
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a. When a community preschool, latchkey 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 street parking spaces required.
b. Parking and loading areas shall be separate from
any outdoor play area.
9. Community Preschool, Latchkey And Adult Education
Building /Space: The building plans for the
construction or alteration of a structure that shall
be used as a community preschool, latchkey and adult
education facility shall be submitted to the city for
review by the building official to ensure the
structure is in compliance with the state fire and
building codes. The facility shall meet the following
conditions:
a. The architectural appearance and functional plan
of the building and site shall comply with the
requirements of section 11 -17 -9 of this title.
b. When the community preschool, latchkey and adult
education facility is a use within a multitenant
building, it shall be located in a portion of the
building separated from the other uses located
within the structure.
C. The community preschool, latchkey and adult
education facility shall be adequately
soundproofed to remove extraneous noise that
would interfere with the community preschool,
latchkey and adult education operation and would
affect the health, safety and welfare of the
community preschool, latchkey and adult education
participants.
C. Daycare 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 100kV, as regulated by chapter 26 of this title.
223
E. Fitness centers limited to two thousand (2,000) square feet
of gross floor area or less provided that:
1. Adequate off street - parking and off - street loading
shall be provided in compliance with chapters 19 and
20 of this title.
2. The total number of stations shall not exceed one per
one hundred (100) square feet of gross floor area.
3. The use is located and developed so as not to create
an incompatible operation problem with adjoining and
neighboring commercial and /or residential uses.
4. Hours of operation shall be limited to five o'clock
(5:00) A.M. to eleven o'clock (11:00) P.M. unless
allowed by the city council.
F. Governmental and public utility buildings and structures;
other than city of Lakeville.
G. Motor vehicle fuel sales with or without convenience
grocery and /or prepared food as regulated by chapter 37 of
this title.
H. Personal wireless service antennas not located on an
existing structure or tower, as regulated by chapter 30 of
this title.
I. Multiple principal buildings on one lot of record, provided
that:
1. Lot Requirements: The lot shall conform to the minimum
lot area and lot width requirements of section
11 -71 -13 of this chapter.
2. Setbacks: Setbacks between multiple principal
buildings within the same base lot shall be a minimum
of twenty feet (20').
3. Common Areas: All common areas including, but not
limited to, open space, wetlands, greenways, drainage
ponds, driveways, parking areas, sidewalks, etc.,
shall be maintained in one of the following ways:
a. All of the property including buildings and
common areas shall be owned by a single entity.
224
b. Condominium ownership pursuant to Minnesota
statutes 515A.1 -106.
C. The property shall be divided into a base lot and
unit lots to allow for individual ownership of
the principal buildings or individual tenant
spaces within the principal building, with each
owner of a unit lot having an equal and undivided
interest in the common area, subject to the
following requirements:
(1) The tenant space related to each unit lot
shall have an exclusive exterior entrance.
(2) A management association shall be
established for all commercial developments
with multiple principal buildings subdivided
in a base lot /unit lot configuration that is
to be responsible for all exterior building
maintenance, approval of any exterior
architectural modifications, landscaping,
snow clearing and regular maintenance of
driveways and parking areas, subject to
review and approval of the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities
including telephone, electricity, gas, and
telecable shall be installed underground.
Exterior utility meters and fixtures shall be
located in interior side or rear yards when
possible and shall be screened from view of
adjacent properties and the public right of way.
b. Public Utility Service: Separate public utility
services shall be provided to each unit unless
exempted by the city engineer.
(1) Water Connection: A shutoff valve for each
individual unit shall be provided.
(2) Sewer Connection: Where more than one unit
is served by a sanitary sewer service, all
maintenance and cleaning shall be the
responsibility of the maintenance
association or owners.
225
J. Religious Institutions: Religious institutions such as
churches, chapels, temples, and synagogues including
secondary social services.
K. 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 (60) degrees and seventy
five (75) degrees 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 shall be properly disposed of at
least once a day.
226
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 met.
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
governed by section 11 -5 -3 of this title:
A. WECS exceeding the height limit of this district, as
regulated by chapter 29 of this 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:
A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up
to 100kV, 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 percent
(100) 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 outdoor sales, rental or display area shall be
included in the calculations for parking spaces
227
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.
C. Personal wireless service antennas located upon an existing
structure or tower or temporary mobile tower as regulated
by chapter 30 of this title.
D. Temporary, outdoor promotional events and sales provided
that:
1. Outdoor Sales (Except Promotional Events, Christmas
Trees And Transient Merchant Sales):
a. Such activity is directed towards the general
public and includes grand openings, warehouse
sales, sidewalk sales, inventory reduction or
liquidation sales, distressed merchandise sales,
and seasonal merchandise sales (except Christmas
trees).
b. The following specific standards shall apply to
all proposed temporary outdoor sales activities
allowed by this subsection 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 conduct
required yard provided the area
the activity does not interfere
parking, traffic circulation or
vehicle access. Temporary sales
landscaped areas is prohibited.
228
ed within a
is paved and
with
emergency
on unpaved
2. Promotional Events, Outdoor Christmas Tree And
Transient Merchant Sales:
a. Such activity is directed towards the general
public and consists of the sales of cut evergreen
trees, boughs, wreaths and other natural holiday
decorations and related products, sales of
produce or other licensed transient sales and
displays of materials that are typically not sold
or serviced on the site.
b. The following specific standards shall apply to
all proposed outdoor events and sales allowed by
this subsection 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 sales activities
shall be the period specified in the
administrative permit and, in no case, shall
exceed ninety (90) days per calendar year
per property.
(2) There shall be no more than one 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 with
seasonal parking demand, traffic,
circulation or emergency vehicle access.
Sales on unpaved landscaped areas are
prohibited.
3. 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, except
Christmas trees and plant sales, shall be sold
and /or promoted.
229
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 of this title. Consideration shall
be given to the parking needs and requirements of
other occupants in the case of multiple 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 of this title 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.
E. Temporary structures as regulated by chapter 28 of this
title.
F. Seating accessory to bakery, bagel, candy, coffee, ice
cream, popcorn, nuts, frozen desserts, pastries, sandwich,
soup, and soft drink sales provided that:
230
1. No accessory drive - through facilities shall be
permitted.
2. No sale or consumption of on- /off -sale liquor shall be
permitted.
3. The area dedicated to seating shall be limited to
three hundred (300) square feet of floor area.
4. Adequate off - street parking and off - street loading
shall be provided in compliance with chapters 19 and
20 of this title.
5. Only one business in a shopping center may obtain an
administrative permit for accessory seating.
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
Rear yards
30 feet
Side yards
20 feet on any one side,
or 30 feet on the side
yard abutting a street or
residential zoned
property
11- 71 -15: BUILDING HEIGHT:
231
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the C -1 district shall
exceed the following height:
A. Principal Buildings: Three (3) stories or thirty
five feet (35'), whichever is less.
B. Accessory Buildings: As regulated by section 11-18 -
9.0 of this title.
Section 109. Title 11, Chapter 72 of the City Code is hereby amended to read
as follows:
CHAPTER 72
C -2, HIGHWAY 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 -15: Building Height
11 -72 -1: PURPOSE:
The purpose of the C -2 district is to provide for and limit the
establishment of motor vehicle 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 in a C -2 district:
A. Bank, savings and loan, savings credit unions and other
financial institutions.
B. Commercial recreation, indoor.
C. Funeral homes and mortuaries.
232
D. Governmental and public utility buildings and structures;
city of Lakeville only.
E. Hotels.
F. Instructional classes.
G. Motor vehicle and recreation equipment sales and structures
accessory thereto (excluding those involving outdoor
display).
H. Office businesses.
I. Pawnshops.
J. Private clubs or lodges serving food and beverages with on-
and off -sale liquor.
K. Public garages and parking lots.
L. Restaurants, general with on- and off -sale liquor.
M. Retail businesses.
N. Tattoo parlors.
0. Service Businesses, on and off site.
P. 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. Commercial or business buildings and structures for a use
accessory to the principal use but such use shall not
exceed thirty percent (300) of the gross floor space of the
principal use.
B. Fences as regulated by chapter 21 of this title.
C. Ground source heat pump systems as regulated by chapter 29
of this title.
233
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 semitrailer trucks, except in
designated loading areas not to exceed four (4) hours.
F. Satellite TVROs as regulated by chapter 30 of this title.
G. Secondary or accessory use antennas or satellites as
regulated by chapter 30 of this title.
H. Sexually oriented uses, accessory.
I. Signs as regulated by chapter 23 of this title.
J. Solar energy systems as regulated by chapter 29 of this
title.
11 -72 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere 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 evaluated based upon the
standards and criteria set forth in subsection 11 -4 -3E and
section 11 -4 -7 of this title.
A. 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 percent (250) 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 material or concrete which will control
dust and drainage. The entire area shall have a
perimeter curb barrier, a stormwater drainage system
and is subject to the approval of the city engineer.
234
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 any one
30 feet on the side
abutting the major
residentially zoned
side, or
yard
street or
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.
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 particulate 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 shall 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
subject to change when the
investigation in relation
to a specific site
city council, upon
to a formal request
are
f Inds
235
that the general welfare and public betterment can be
served by modifying the conditions.
0
Auto repair, minor, 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 feet
(150').
3. A curb not less than six inches (6 ") 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 this chapter.
6. Sale of products other than those specifically
mentioned in this Section be subject to a conditional
use permit and be in compliance with subsection B of
this section.
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.
Bottled gas sales outside of activities included with motor
fuel sales in chapter 37 of this title, provided that:
1. Retail sales activities connected with the principal
use must constitute at least fifty percent (50 %) 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.
236
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.
D. Commercial car washes (drive- through, mechanical and self -
service) provided that:
1. A car wash that is accessory to a convenience
story /motor fuel facility shall be included as part of
the principal building.
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 section 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.
a. Where the car wash operation is within five
hundred feet (500 of a residential district,
the exterior vehicle doors of the car wash must
remain closed during the entire operation cycle.
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
pretreated and discharged into the storm sewer, the
pretreatment 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.
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E. Commercial recreation, outdoor.
F. Community Preschool, Latchkey and Adult Education
Facilities provided that:
1. 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 preschool
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.
4. Attendance: The attendance of children in the latchkey
and preschool program is on a long term scheduled
enrollment program instead of on a temporary, sporadic
basis.
5. Lot Requirements And Setbacks: The proposed site for a
community preschool, latchkey 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 lot 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
preschool, latchkey and adult education facility must
meet the minimum setback requirements of the
respective zoning district.
6. Sewer And Water: All community preschool, latchkey 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 preschool, latchkey and
adult education facility is in or abuts any
residential use or zoned property, the community
preschool, latchkey 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.
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8. Parking:
a. When a community preschool, latchkey 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 street parking spaces required.
b. Parking and loading areas shall be separate from
any outdoor play area.
9. Community Preschool, Latchkey And Adult Education
Building /Space: The building plans for the
construction or alteration of a structure that shall
be used as a community preschool, latchkey and adult
education facility shall be submitted to the city for
review by the building official to ensure the
structure is in compliance with the state fire and
building codes. The facility shall meet the following
conditions:
a. The architectural appearance and functional plan
of the building and site shall comply with the
requirements of section 11 -17 -9 of this title.
b. When the community preschool, latchkey and adult
education facility is a use within a multitenant
building, it shall be located in a portion of the
building separated from the other uses located
within the structure.
C. The community preschool, latchkey and adult
education facility shall be adequately
soundproofed to remove extraneous noise that
would interfere with the community preschool,
latchkey and adult education operation and would
affect the health, safety and welfare of the
community preschool, latchkey and adult education
participants.
G.
H.
Daycare facilities as a principal or accessory use provided
that the use complies with the provisions of chapter 31 of
this title.
Drive -in and convenience food establishments, provided
that:
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1. Hours: The hours of operation shall be limited to five
o'clock (5:00) A.M. to eleven o'clock (11:00) P.M.,
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.
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 artificial), 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 percent (100) 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 inches (4 "). The color bands shall not be
illuminated.
3. Landscaping:
a. At least twenty five percent (250) 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
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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 feet (5') wide shall
be landscaped in compliance with section
11 -21 -9 of this title.
(2) From all public rights of way, an area of
not less than fifteen feet (15') wide shall
be landscaped in compliance with section
11 -21 -9 of this title.
(3) Where lots abut residentially zoned
property, a buffer yard of not less than
twenty feet (20') wide shall be landscaped
and screened in compliance with section
11 -21 -9 of this title.
(4) The property owner shall be responsible for
maintenance of all landscaping, including
within the boulevard.
4. Dust Control And Drainage: The entire area other than
occupied by buildings, structures or plantings shall
be surfaced 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 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:
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.
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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. Except for permitted wall signage the building
fascia shall not 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 feet
(180') 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 And Loading: The site design must
accommodate adequate turning radius and vertical
clearance for a semitrailer truck. Designated loading
areas must be exclusive of off street parking stalls
and drive aisles 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 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 feet (5') wide and clear of
any obstacle or impediment.
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b. A continuous and permanent concrete curb not less
than six inches (6 ") above grade shall separate
internal sidewalks for pedestrian traffic from
motor vehicle areas, pursuant to the provisions
of subsection 11 -19 -7I 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 -25 of this title.
11. Signs: All signs and informational or visual
communication devices shall be minimized and shall be
in compliance with chapter 23 of this title.
12. 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.
I. Essential services involving transmission pipelines and
transmission or substation lines in excess of 33kV and up
to 100kV, as regulated by chapter 26 of this title.
J. Fitness centers and health clubs provided that:
1. Adequate off - street parking and off - street loading
shall be provided in compliance with chapters 19 and
20 of this title.
2. The total number of stations shall not exceed one per
one hundred (100) square feet of gross floor area.
3. The use is located and developed so as not to create
an incompatible operation problem with adjoining and
neighboring commercial and /or residential uses.
4. Hours of operation shall be limited to five o'clock
(5:00) A.M. to eleven o'clock (11:00) P.M unless
otherwise allowed by the city council.
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K. Governmental and public utility buildings and structures;
other than city of Lakeville.
L. Motor vehicle fuel sales with or without convenience
grocery and /or prepared food as regulated by chapter 37 of
this title.
M. 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 percent (300) 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 material 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 seven o'clock
(7:00) A.M. to ten o'clock (10:00) P.M. 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 subsections D and /or C of
this section, except the use shall not be subject to
subsection C2 of this section.
N. Multiple principal buildings on one lot of record, provided
that:
1. Lot Requirements: The lot shall conform to the minimum
lot area and lot width requirements of section
11 -72 -13 of this chapter.
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2. Setbacks: Setbacks between multiple principal
buildings within the same base lot shall be a minimum
of twenty feet (20').
3. Common Areas: All common areas including, but not
limited to, open space, wetlands, greenways, drainage
ponds, driveways, parking areas, sidewalks, etc.,
shall be maintained in one of the following ways:
a. All of the property including buildings and
common areas shall be owned by a single entity.
b. Condominium ownership pursuant to Minnesota
statutes 515A.1 -106.
C. The property shall be divided into a base lot and
unit lots to allow for individual ownership of
the principal buildings or individual tenant
spaces within the principal building, with each
owner of a unit lot having an equal and undivided
interest in the common area, subject to the
following requirements:
(1) The tenant space related to each unit lot
shall have an exclusive exterior entrance.
(2) A management association shall be
established for all commercial developments
with multiple principal buildings subdivided
in a base lot /unit lot configuration that is
to be responsible for all exterior building
maintenance, approval of any exterior
architectural modifications, landscaping,
snow clearing and regular maintenance of
driveways and parking areas, subject to
review and approval of the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities
including telephone, electricity, gas, and
telecable shall be installed underground.
Exterior utility meters and fixtures shall be
located in interior side or rear yards when
possible and shall be screened from view of
adjacent properties and the public right of way.
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b. Public Utility Service: Separate public utility
services shall be provided to each unit unless
exempted by the city engineer.
(1) Water Connection: A shutoff valve for each
individual unit shall be provided.
(2) Sewer Connection: Where more than one unit
is served by a sanitary sewer service, all
maintenance and cleaning shall be the
responsibility of the maintenance
association or owners.
12
Personal wireless service antennas not located on an
existing structure or tower, as regulated by chapter 30 of
this title.
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.
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 shall
be allowed.
6. The breeding of cats and dogs is prohibited unless
expressly allowed 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.
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8. All animals to be sold are acquired from a licensed
animal broker.
Q. Principal building height of up to six (6) stories or sixty
five feet (65'), whichever is less, provided that:
1. The minimum setback side or rear yard setback abutting
residential zoned property shall be fifty feet (50').
R. Religious institutions such as churches, chapels, temples,
and synagogues, including secondary social services.
S. Theaters, indoor.
T. 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 (60) degrees and seventy
five (75) degrees Fahrenheit.
d. A room separate from the kennel area shall be
provided of sufficient size to adequately
247
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.
h. All state health department and Minnesota
pollution control agency requirements for such
facilities are met.
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. 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 percent
(300) 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 surfaced with asphalt, concrete or
pavers to control dust.
4. The use does not take up parking space as required for
conformity to this title.
NO
5. The interim use permit shall terminate upon a change
of occupancy or other date as determined by the city
council in accordance with section 11 -5 -7 of this
title.
B. Outdoor storage as a principal or accessory 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 surfaced with asphalt, concrete or
pavers 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.
5. The interim use permit shall terminate upon a change
of occupancy or other date as determined by the city
council in accordance with section 11 -5 -7 of this
title.
C. WECS exceeding the height limit of this district, as
regulated by chapter 29 of this title.
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
A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up
to 100kV, 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:
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1. The area so occupied shall not exceed ten percent
(100) 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 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.
C. Personal wireless service antennas located upon an existing
structure or tower or temporary mobile tower as regulated
by chapter 30 of this title.
D. Temporary, outdoor promotional events and sales provided
that:
1. Outdoor Sales (Except Promotional Events, Christmas
Trees And Transient Merchant Sales):
a. Such activity is directed towards the general
public and includes grand openings, warehouse
sales, sidewalk sales, inventory reduction or
liquidation sales, distressed merchandise sales,
and seasonal merchandise sales (except Christmas
trees).
b. The following specific standards shall apply to
all proposed temporary outdoor sales activities
allowed by this subsection 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
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and, in no case, shall there be more than
ten (10) sales activities per year per
property.
(3) Sales activities may be conduct
required yard provided the area
the activity does not interfere
parking, traffic circulation or
vehicle access. Temporary sales
landscaped areas is prohibited.
sd within a
is paved and
with
emergency
on unpaved
2. Promotional Events, Outdoor Christmas Tree And
Transient Merchant Sales:
a. Such activity is directed towards the general
public and consists of the sales of cut evergreen
trees, boughs, wreaths and other natural holiday
decorations and related products, sales of
produce or other licensed transient sales and
displays of materials that are typically not sold
or serviced on the site.
b. The following specific standards shall apply to
all proposed outdoor events and sales allowed by
this subsection 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 sales activities
shall be the period specified in the
administrative permit and, in no case, shall
exceed ninety (90) days per calendar year
per property.
(2) There shall be no more than one 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 with
seasonal parking demand, traffic,
circulation or emergency vehicle access.
Sales on unpaved landscaped areas are
prohibited.
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3. 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, 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
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 of this title. Consideration shall
be given to the parking needs and requirements of
other occupants in the case of multiple 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 of this title 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.
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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 this
title.
F. WECS that comply with the height limit of this district, as
regulated by chapter 29 of this title.
11- 72 -13: LOT REQUIREMENTS AND SETBACKS:
The following minimum requirements shall 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
30 feet
yards
Rear
10 feet, or 30 feet abutting
yards
residential zoned property
Side
10 —feet on any one side, or 30 feet on
yards
the side yard abutting a street or
residential zoned property
11- 72 -15: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the C -2 district shall
exceed the following height:
A. Principal Buildings: Three (3) stories or thirty
five feet (35'), whichever is less.
B. Accessory Buildings: As regulated by section 11-18 -
9.0 of this title.
Section 110. Title 11, Chapter 73 of the City Code is hereby amended to read
as follows:
CHAPTER 73
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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 -15: Building Height
11 -73 -1: PURPOSE:
The purpose of the C -3 district is to provide for the
establishment of commercial 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. Bank, savings and loan, savings credit unions and other
financial institutions.
B. Commercial recreation, indoor.
C. Funeral homes and mortuaries.
D. Governmental and public utility buildings and structures;
city of Lakeville only.
E. Hotels.
F. Instructional classes.
G. Office businesses.
H. Pawnshops.
I. Private clubs or lodges serving food and beverages with on-
and off -sale liquor.
J. Public garages and parking lots.
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K. Restaurants, general with on- and off -sale liquor.
L. Retail businesses.
M. Tattoo parlors.
N. Service Businesses, on and off site.
0. Sexually oriented uses, principal.
11 -73 -5: PERMITTED ACCESSORY USES:
In addition to other uses specifically identified elsewhere in
this title, the following are permitted accessory uses in a C -3
district:
A. Commercial or business buildings and structures for a use
accessory to the principal use but such use shall not
exceed thirty percent (300) of the gross floor space of the
principal use.
B. Fences as regulated by chapter 21 of this title.
C. Ground source heat pump systems as regulated by chapter 29
of this title.
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 semitrailer trucks, except in
designated loading areas not to exceed four (4) hours.
F. Satellite TVROs as regulated by chapter 30 of this title.
G. Secondary or accessory use antennas or satellites as
regulated by chapter 30 of this title.
H. Sexually oriented uses, accessory.
I. Signs as regulated by chapter 23 of this title.
J. Solar energy systems as regulated by chapter 29 of this
title
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11 -73 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere 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 subsection 11 -4 -3E and
section 11 -4 -7 of this title.
A. 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 percent (250) 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 material or concrete which will control
dust and drainage. The entire area shall have a
perimeter curb barrier, a stormwater 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 any one
30 feet on the side
abutting the major
residentially zoned
side, or
yard
street or
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
256
of operation shall be subject to the approval of the
city council.
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 particulate matter so that the
use shall be in compliance with Minnesota Pollution
Control Standards, Minnesota Regulation APC 1 -15, as
amended.
7. The emission of odor by a use shall be in compliance
with and regulated by the 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.
B. Auto repair, minor 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 feet
(150').
3. A curb not less than six inches (6 ") 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.
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5. No outside storage except as allowed in compliance
with this chapter.
C.
IBM
6. Sale of products other than those specifically
mentioned in this Section be subject to a conditional
use permit and be in compliance with subsection B of
this section.
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.
Bottled gas sales outside of activities included with motor
fuel sales in chapter 37 of this title, provided that:
1. Retail sales activities connected with the principal
use must constitute at least fifty percent (500) 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.
Commercial car washes (drive- through, mechanical and self -
service) provided that:
1. A car wash that is accessory to a convenience
story /motor fuel facility shall be included as part of
the principal building.
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.
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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. 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.
a. Where the car wash operation is within five
hundred feet (500') of a residential district,
the exterior vehicle doors of the car wash must
remain closed during the entire operation cycle.
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
pretreated and discharged into the storm sewer, the
pretreatment 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.
E. Commercial recreation, outdoor.
F. Community preschool, latchkey and adult education
facilities provided that:
1. 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 preschool
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.
4. Attendance: The attendance of children in the latchkey
and preschool program is on a long term scheduled
enrollment program instead of on a temporary, sporadic
basis.
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5. Lot Requirements And Setbacks: The proposed site for a
community preschool, latchkey 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 lot 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
preschool, latchkey and adult education facility must
meet the minimum setback requirements of the
respective zoning district.
6. Sewer And Water: All community preschool, latchkey 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 preschool, latchkey and
adult education facility is in or abuts any
residential use or zoned property, the community
preschool, latchkey 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 preschool, latchkey 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 street parking spaces required.
b. Parking and loading areas shall be separate from
any outdoor play area.
9. Community Preschool, Latchkey And Adult Education
Building /Space: The building plans for the
construction or alteration of a structure that shall
be used as a community preschool, latchkey and adult
education facility shall be submitted to the city for
review by the building official to ensure the
structure is in compliance with the state fire and
building codes. The facility shall meet the following
conditions:
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a. The architectural appearance and functional plan
of the building and site shall comply with the
requirements of section 11 -17 -9 of this title.
b. When the community preschool, latchkey and adult
education facility is a use within a multitenant
building, it shall be located in a portion of the
building separated from the other uses located
within the structure.
C. The community preschool, latchkey and adult
education facility shall be adequately
soundproofed to remove extraneous noise that
would interfere with the community preschool,
latchkey and adult education operation and would
affect the health, safety and welfare of the
community preschool, latchkey and adult education
participants.
G. Daycare facilities as a principal or accessory use provided
that the use complies with the provisions of chapter 31 of
this title.
H. Drive -in and convenience food establishments, provided
that:
1. Hours: The hours of operation shall be limited to five
o'clock (5:00) A.M. to eleven o'clock (11:00) P.M.,
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.
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.
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d. Exterior wall treatments like brick, stone
(natural or artificial), 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 percent (100) 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 inches (4 "). The color bands shall not be
illuminated.
3. Landscaping:
a. At least twenty five percent (250) 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 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 feet (5') 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 feet (15') wide shall be
landscaped in compliance with section
11 -21 -9 of this title.
(3) Where lots abut residentially zoned
property, a buffer yard of not less than
twenty feet (20') wide shall be landscaped
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and screened in compliance with section
11 -21 -9 of this title.
(4) The property owner shall be responsible for
maintenance of all landscaping, including
within the boulevard.
4. Dust Control And Drainage: The entire area other than
occupied by buildings, structures or plantings shall
be surfaced 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 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:
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. Except for permitted wall signage the building
fascia shall not 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 feet
(180') of segregated automobile stacking lane
must be provided for the service window.
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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 And Loading: The site design must
accommodate adequate turning radius and vertical
clearance for a semitrailer truck. Designated loading
areas must be exclusive of off street parking stalls
and drive aisles 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 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 feet (5') wide and clear of
any obstacle or impediment.
b. A continuous and permanent concrete curb not less
than six inches (6 ") above grade shall separate
internal sidewalks for pedestrian traffic from
motor vehicle areas, pursuant to the provisions
of subsection 11 -19 -7I 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 -25 of this title.
11. Signs: All signs and informational or visual
communication devices shall be minimized and shall be
in compliance with chapter 23 of this title.
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12. 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.
I. Essential services involving transmission pipelines and
transmission or substation lines in excess of 33kV and up
to 100kV, as regulated by chapter 26 of this title.
J. Fitness centers and health clubs provided that:
1. Adequate off - street parking and off - street loading
shall be provided in compliance with chapters 19 and
20 of this title.
2. The total number of stations shall not exceed one per
one hundred (100) square feet of gross floor area.
3. The use is located and developed so as not to create
an incompatible operation problem with adjoining and
neighboring commercial and /or residential uses.
4. Hours of operation shall be limited to five o'clock
(5:00) A.M. to eleven o'clock (11:00) P.M. unless
allowed by the City Council
K. Governmental and public utility buildings and structures;
other than city of Lakeville.
L. Motor vehicle fuel sales with or without convenience
grocery and /or prepared food as regulated by chapter 37 of
this title.
M. Multiple principal buildings on one lot of record, provided
that:
1. Lot Requirements: The lot shall conform to the
minimum lot area and lot width requirements of section
11 -73 -13 of this chapter.
2. Setbacks: Setbacks between multiple principal
buildings within the same base lot shall be a minimum
of twenty feet (20').
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3. Common Areas: All common areas including, but not
limited to, open space, wetlands, greenways, drainage
ponds, driveways, parking areas, sidewalks, etc.,
shall be maintained in one of the following ways:
a. All of the property including buildings and
common areas shall be owned by a single entity.
b. Condominium ownership pursuant to Minnesota
statutes 515A.1 -106.
C. The property shall be divided into a base lot and
unit lots to allow for individual ownership of
the principal buildings or individual tenant
spaces within the principal building, with each
owner of a unit lot having an equal and undivided
interest in the common area, subject to the
following requirements:
(1) The tenant space related to each unit lot
shall have an exclusive exterior entrance.
(2) A management association shall be
established for all commercial developments
with multiple principal buildings subdivided
in a base lot /unit lot configuration that is
to be responsible for all exterior building
maintenance, approval of any exterior
architectural modifications, landscaping,
snow clearing and regular maintenance of
driveways and parking areas, subject to
review and approval of the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities
including telephone, electricity, gas, and
telecable shall be installed underground.
Exterior utility meters and fixtures shall be
located in interior side or rear yards when
possible and shall be screened from view of
adjacent properties and the public right of way.
b. Public Utility Service: Separate public utility
services shall be provided to each unit unless
exempted by the city engineer.
266
(1) Water Connection: A shutoff valve for each
individual unit shall be provided.
(2) Sewer Connection: Where more than one unit
is served by a sanitary sewer service, all
maintenance and cleaning shall be the
responsibility of the maintenance
association or owners.
N.
0
M
Nursing homes and residential care facilities provided
that:
1. Side yards are double the minimum requirements
established for this district and are screened in
compliance with section 11 -21 -9 of this title.
2. Only the rear yard shall be used for 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 by the use.
4. All state laws and statutes governing such uses are
strictly adhered to and all required operating permits
are secured.
Personal wireless service antennas not located on an
existing structure or tower, as regulated by chapter 30 of
this title.
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.
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.
267
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 shall
be allowed.
6. The breeding of cats and dogs is prohibited unless
expressly allowed 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.
Q. Principal building height of up to six (6) stories or sixty
five feet (65'), whichever is less, provided that:
1. The minimum setback side or rear yard setback abutting
residential zoned property shall be fifty feet (50').
R. Religious institutions such as churches, chapels, temples,
and synagogues, including social services.
S. Theaters, indoor.
T. 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 (60) degrees and seventy
five (75) degrees 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 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.
h. All state health department and Minnesota
pollution control agency requirements for such
facilities are met.
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:
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M
M
C.
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 percent
(300) 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 surfaced with asphalt, concrete or
pavers to control dust.
4. The use does not take up parking space as required for
conformity to this title.
5. The interim use permit shall terminate upon a change
of occupancy or other date as determined by the city
council in accordance with section 11 -5 -7 of this
title.
Outdoor storage as a principal or accessory 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 surfaced with asphalt, concrete or
pavers 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.
5. The interim use permit shall terminate upon a change
of occupancy or other date as determined by the city
council in accordance with section 11 -5 -7 of this
title.
WECS exceeding the height limit of this district, as
regulated by chapter 29 of this title.
270
11- 73 -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 -3 district by administrative
permit:
A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up
to 100kV, 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 percent
(100) 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 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.
C. Personal wireless service antennas located upon an existing
structure or tower or temporary mobile tower as regulated
by chapter 30 of this title.
D. Temporary, outdoor promotional events and sales provided
that:
1. Outdoor Sales (Except Promotional Events, Christmas
Trees And Transient Merchant Sales):
a. Such activity is directed towards the general
public and includes grand openings, warehouse
sales, sidewalk sales, inventory reduction or
liquidation sales, distressed merchandise sales,
271
and seasonal merchandise sales (except Christmas
trees).
b. The following specific standards shall apply to
all proposed temporary outdoor sales activities
allowed by this subsection 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 conduct
required yard provided the area
the activity does not interfere
parking, traffic circulation or
vehicle access. Temporary sales
landscaped areas is prohibited.
ed within a
is paved and
with
emergency
on unpaved
2. Promotional Events, Outdoor Christmas Tree And
Transient Merchant Sales:
a. Such activity is directed towards the general
public and consists of the sales of cut evergreen
trees, boughs, wreaths and other natural holiday
decorations and related products, sales of
produce or other licensed transient sales and
displays of materials that are typically not sold
or serviced on the site.
b. The following specific standards shall apply to
all proposed outdoor events and sales allowed by
this subsection and by city code business
licensing provisions in addition to other
applicable building and safety code requirements
as determined by the zoning administrator:
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(1) The maximum total time for sales activities
shall be the period specified in the
administrative permit and, in no case, shall
exceed ninety (90) days per calendar year
per property.
(2) There shall be no more than one 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 with
seasonal parking demand, traffic,
circulation or emergency vehicle access.
Sales on unpaved landscaped areas are
prohibited.
3. 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, 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
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 of this title. Consideration shall
be given to the parking needs and requirements of
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other occupants in the case of multiple 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 of this title 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.
E. Temporary structures as regulated by chapter 28 of this
title.
F. WECS that comply with the height limit of this district, as
regulated by chapter 29 of this title.
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:
Lot area
20,000 square feet
Lot width
100 feet
Setbacks:
Front
30 feet
yards
Rear
10 feet, or 30 feet abutting
yards
residential zoned property
Side
10 —feet on any one side, or 30 feet on
yards
the side yard abutting a street or
residential zoned property
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11- 73 -15: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the C -3 district shall
exceed the following height:
A. Principal Buildings: Three (3) stories or thirty
five feet (35'), whichever is less.
B. Accessory Buildings: As regulated by section 11-18 -
9.0 of this title.
Section 111. Title 11, Chapter 74 of the City Code is hereby amended to read
as follows:
CHAPTER 74
C -CBD, COMMERCIAL CENTRAL BUSINESS 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 Standards
11- 74 -15: Lot Requirements And Setbacks
11- 74 -17: Building Height
11 -74 -1: PURPOSE:
The purpose of the C -CBD district is to provide specifically for
the regulation of high intensity commercial uses located within
the central business district.
11 -74 -3: PERMITTED USES:
In addition to other uses specifically identified elsewhere in
this title, the following are permitted uses in a C -CBD
district:
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A. Bank, savings and loan, savings credit unions and other
financial institutions.
B. Commercial recreation, indoor.
C. Funeral homes and mortuaries.
D. Governmental and public utility buildings and structures,
city of Lakeville only.
E. Hotels.
F. Instructional classes.
G. Office businesses.
H. Performing arts centers.
I. Public garages and parking lots; city of Lakeville only.
J. Restaurants, general with on- and off -sale liquor.
K. Retail businesses.
L. Service Businesses, on and off site.
M. Sexually oriented uses, principal.
11
-74 -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.
Commercial or business buildings and
structures for a use
accessory to the principal use but
such use shall not
exceed thirty percent (300) of the
gross floor space of the
principal use.
B.
Fences as regulated by chapter 21
of this title.
C.
Ground source heat pump systems as
regulated by chapter 29
of this title.
D.
Off - street loading as regulated by
chapter 20 of this
title.
276
E. Off- street parking as regulated by chapter 19 of this
title, but not including semitrailer trucks, except in
designated loading areas not to exceed four (4) hours.
F. Satellite TVROs as regulated by chapter 30 of this title.
G. Secondary or accessory use antennas or satellites as
regulated by chapter 30 of this title.
H. Sexually oriented uses, accessory.
I. Signs as regulated by chapter 23 of this title.
J. Solar energy systems as regulated by chapter 29 of this
title
11 -74 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere 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 set forth in subsection 11 -4 -3E
and section 11 -4 -7 of this title.
A. 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 percent (250) 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 material or concrete which will control
dust and drainage. The entire area shall have a
perimeter curb barrier, a stormwater drainage system
and is subject to the approval of the city engineer.
4. The following minimum requirements shall apply:
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Lot Area:
1 acre
Lot Width:
100 feet
Setbacks:
Front yards
30 feet
Rear yards
30 feet
Side yards
20 feet on any one
30 feet on the side
abutting the major
residentially zoned
side, or
yard
street or
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.
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 particulate matter so that the
use shall be in compliance with the Minnesota
Pollution Control Standards, Minnesota regulation APC
1 -15, as amended.
7. The emission of odor by a use shall be in compliance
with and regulated by the 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 city council, upon
investigation in relation to a formal request, finds
that the general welfare and public betterment can be
served by modifying the conditions.
Auto repair, minor provided that:
278
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 curb not less than six inches (6 ") above grade shall
separate the public sidewalk from motor vehicle
service areas.
3 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.
4 No outside storage except as allowed in compliance
with this chapter.
5 Sale of products other than those specifically
mentioned in this section be subject to a conditional
use permit and be in compliance with this section.
6 All conditions pertaining to a specific site are
subject to change when the city 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.
C. Bottled gas sales outside of activities included with motor
fuel sales in chapter 37 of this title, provided that:
1. Retail sales activities connected with the principal
use must constitute at least fifty percent (500) 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.
D. Buildings combining residential and nonresidential uses
allowed in this district, provided that:
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1. The residential and nonresidential uses shall not
conflict in any manner.
2. The residential design and construction standards as
outlined in the RH -1 district are met.
E. Commercial car washes (drive- through, mechanical and self -
service) provided that:
1. A car wash that is accessory to a convenience
story /motor fuel facility shall be included as part of
the principal building.
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 section 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.
a. Where the car wash operation is within five
hundred feet (500 of a residential district,
the exterior vehicle doors of the car wash must
remain closed during the entire operation cycle.
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
pretreated and discharged into the storm sewer, the
pretreatment 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.
280
F. Community preschool, latchkey and adult education
facilities provided that:
1. 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 preschool
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.
4. Attendance: The attendance of children in the latchkey
and preschool program is on a long term scheduled
enrollment program instead of on a temporary, sporadic
basis.
5. Lot Requirements And Setbacks: The proposed site for a
community preschool, latchkey 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 lot 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
preschool, latchkey and adult education facility must
meet the minimum setback requirements of the
respective zoning district.
6. Sewer And Water: All community preschool, latchkey 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 preschool, latchkey and
adult education facility is in or abuts any
residential use or zoned property, the community
preschool, latchkey 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:
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a. When a community preschool, latchkey 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 street parking spaces required.
b. Parking and loading areas shall be separate from
any outdoor play area.
9. Community Preschool, Latchkey And Adult Education
Building /Space: The building plans for the
construction or alteration of a structure that shall
be used as a community preschool, latchkey and adult
education facility shall be submitted to the city for
review by the building official to ensure the
structure is in compliance with the state fire and
building codes. The facility shall meet the following
conditions:
a. The architectural appearance and functional plan
of the building and site shall comply with the
requirements of Section 11 -17 -9 of this title.
b. When the community preschool, latchkey and adult
education facility is a use within a multitenant
building, it shall be located in a portion of the
building separated from the other uses located
within the structure.
C. The community preschool, latchkey and adult
education facility shall be adequately
soundproofed to remove extraneous noise that
would interfere with the community preschool,
latchkey and adult education operation and would
affect the health, safety and welfare of the
community preschool, latchkey and adult education
participants.
G. Daycare facilities as a principal or accessory use provided
that the use complies with the provisions of chapter 31 of
this title.
H. Drive -in and convenience food establishments, provided
that:
1. Hours: The hours of operation shall be limited to five
o'clock (5:00) A.M. to eleven o'clock (11:00) P.M.,
282
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.
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 artificial), 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 percent (100) 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 inches (4 "). The color bands shall not be
illuminated.
3. Landscaping:
a. At least twenty five percent (250) 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
283
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 feet (5') 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 feet (15') wide shall be
landscaped in compliance with section
11 -21 -9 of this title.
(3) Where lots abut residentially zoned
property, a buffer yard of not less than
twenty feet (20') wide shall be landscaped
and screened in compliance with section
11 -21 -9 of this title.
(4) The property owner shall be responsible for
maintenance of all landscaping, including
within the boulevard.
4. Dust Control And Drainage: The entire area other than
occupied by buildings, structures or plantings shall
be surfaced 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 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:
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
iR
boundary line with an adjoining residential
property or any public property.
C. Except for permitted wall signage the building
fascia shall not 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 feet
(180') 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 And Loading: The site design must
accommodate adequate turning radius and vertical
clearance for a semitrailer truck. Designated loading
areas must be exclusive of off street parking stalls
and drive aisles 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 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 feet (5') wide and clear of
any obstacle or impediment.
285
b. A continuous and permanent concrete curb not less
than six inches (6 ") above grade shall separate
internal sidewalks for pedestrian traffic from
motor vehicle areas, pursuant to the provisions
of subsection 11 -19 -7I 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 -25 of this title.
11. Signs: All signs and informational or visual
communication devices shall be minimized and shall be
in compliance with chapter 23 of this title.
12. 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.
I. Essential services involving transmission pipelines and
transmission or substation lines in excess of 33kV and up
to 100kV, as regulated by chapter 26 of this title.
J. Fitness centers limited to two thousand (2,000) square feet
of gross floor area or less provided that:
1. Adequate off - street parking and off - street loading
shall be provided in compliance with chapters 19 and
20 of this title.
2. The total number of stations shall not exceed one per
one hundred (100) square feet of gross floor area.
3. The use is located and developed so as not to create
an incompatible operation problem with adjoining and
neighboring commercial and /or residential uses.
4. Hours of operation shall be limited to five o'clock
(5:00) A.M. to eleven o'clock (11:00) P.M. unless
allowed by the city council.
286
K. Governmental and public utility buildings and structures,
other than city of Lakeville.
L. Motor vehicle fuel sales with or without convenience
grocery and /or prepared food as regulated by chapter 37 of
this title.
M. Multiple principal buildings on one lot of record, provided
that:
1. The lot shall conform to the minimum lot area, lot
width, and setback requirements of section 11 -75 -13 of
this chapter.
2. Setbacks: Setbacks between multiple principal
buildings within the same base lot shall be a minimum
of twenty feet ( 2 0 ') .
3. Common Areas: All common areas including, but not
limited to, open space, wetlands, greenways, drainage
ponds, driveways, parking areas, sidewalks, etc.,
shall be maintained in one of the following ways:
a. All of the property including buildings and
common areas shall be owned by a single entity.
b. Condominium ownership pursuant to Minnesota
statutes 515A.1 -106.
C. The property shall be divided into a base lot and
unit lots to allow for individual ownership of
the principal buildings or individual tenant
spaces within the principal building, with each
owner of a unit lot having an equal and undivided
interest in the common area, subject to the
following requirements:
(1) The tenant space related to each unit lot
shall have an exclusive exterior entrance.
(2) A management association shall be
established for all commercial developments
with multiple principal buildings subdivided
in a base lot /unit lot configuration that is
to be responsible for all exterior building
maintenance, approval of any exterior
architectural modifications, landscaping,
287
snow clearing and regular maintenance of
driveways and parking areas, subject to
review and approval of the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities
including telephone, electricity, gas, and
telecable shall be installed underground.
Exterior utility meters and fixtures shall be
located in interior side or rear yards when
possible and shall be screened from view of
adjacent properties and the public right of way.
b. Public Utility Service: Separate public utility
services shall be provided to each unit unless
exempted by the city engineer.
(1) Water Connection: A shutoff valve for each
individual unit shall be provided.
(2) Sewer Connection: Where more than one unit
is served by a sanitary sewer service, all
maintenance and cleaning shall be the
responsibility of the maintenance
association or owners.
N. Nursing homes and residential care facilities provided
that:
1. Side yards are double the minimum requirements
established for this district and are screened in
compliance with section 11 -21 -9 of this title.
2. Only the rear yard shall be used for 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.
0. Off - street Parking as a principal use; other than city of
Lakeville.
P. Personal wireless service antennas not located on an
existing structure or tower, as regulated by chapter 30 of
this title.
Q. 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.
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 shall
be allowed.
6. The breeding of cats and dogs is prohibited unless
expressly allowed 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.
R. Religious institutions such as churches, chapels, temples,
and synagogues, including social services.
S. Theaters, indoor.
T. veterinary clinics, provided that:
289
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 degrees and seventy five
degrees Fahrenheit (75).
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.
290
h. All state health department and Minnesota
pollution control agency requirements for such
facilities are met.
11 -74 -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:
W
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 percent
(300) 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 surfaced with asphalt, concrete or
pavers to control dust.
4. The use does not take up parking space as required for
conformity to this title.
5. The interim use permit shall terminate upon a change
of occupancy or other date as determined by the city
council in accordance with section 11 -5 -7 of this
title.
Outdoor storage as a principal or accessory 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 surfaced with asphalt, concrete or
pavers surfaced to control dust.
3. The storage area does not take up parking space as
required for conformity to chapter 19 of this title.
291
4. The storage does not include any waste, except as
provided in section 11 -18 -11 of this title.
5. The interim use permit shall terminate upon a change
of occupancy or other date as determined by the city
council in accordance with section 11 -5 -7 of this
title.
C. WECS exceeding the height limit of this district, as
regulated by chapter 29 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 C -CBD district by administrative
permit:
A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up
to 100kV, 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 percent
(100) 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 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.
C. Outdoor seating areas accessory to a restaurant use:
292
1. The tables, chairs and other furniture of the seating
area shall only be outdoors when the business is open
to the public.
2. The seating area shall be located on the business
property. Outdoor seating areas may be located upon
public sidewalks directly abutting the business
property subject to the following provisions
a. A minimum five foot (5') pedestrian walkway shall
be maintained upon the public sidewalk so as not
to obstruct pedestrian traffic.
b. The outdoor seating area shall be set back a
minimum of five feet (5') from the back of curb
of a public street or private drive aisle.
C. The owner of the business property with an
outdoor seating area located upon public
sidewalks shall provide a certificate of general
liability insurance with minimum coverage of
three hundred thousand dollars ($300,000.00)
naming the city as an additional insured.
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. Temporary, outdoor promotional events and sales provided
that:
1. Outdoor Sales (Except Promotional Events, Christmas
Trees And Transient Merchant Sales):
a. Such activity is directed towards the general
public and includes grand openings, warehouse
sales, sidewalk sales, inventory reduction or
liquidation sales, distressed merchandise sales,
and seasonal merchandise sales (except Christmas
trees).
b. The following specific standards shall apply to
all proposed temporary outdoor sales activities
allowed by this subsection and by city code
business licensing provisions in addition to
other applicable building and safety code
293
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 conduct
required yard provided the area
the activity does not interfere
parking, traffic circulation or
vehicle access. Temporary sales
landscaped areas is prohibited.
ed within a
is paved and
with
emergency
on unpaved
2. Promotional Events, Outdoor Christmas Tree And
Transient Merchant Sales:
a. Such activity is directed towards the general
public and consists of the sales of cut evergreen
trees, boughs, wreaths and other natural holiday
decorations and related products, sales of
produce or other licensed transient sales and
displays of materials that are typically not sold
or serviced on the site.
b. The following specific standards shall apply to
all proposed outdoor events and sales allowed by
this subsection 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 sales activities
shall be the period specified in the
administrative permit and, in no case, shall
exceed ninety (90) days per calendar year
per property.
(2) There shall be no more than one sales
activity per year per property, which shall
294
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 with
seasonal parking demand, traffic,
circulation or emergency vehicle access.
Sales on unpaved landscaped areas are
prohibited.
3. 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, 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
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 of this title. Consideration shall
be given to the parking needs and requirements of
other occupants in the case of multiple 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.
295
d. Signage related to the event shall be in
compliance with the temporary sign standards of
chapter 23 of this title 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.
G. WECS that comply with the height limit of this district, as
regulated by chapter 29 of this title.
11 -74 -1: 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 Downtown
Development Guide.
11- 74 -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
11- 74 -17: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
296
in this title, no structure within the C -CBD district shall
exceed the following height:
A. Principal Buildings: Three (3) stories or thirty
five feet (35'), whichever is less.
B. Accessory Buildings: As regulated by section 11-18 -
9.0 of this title.
Section 112. Title 11, Chapter 75 of the City Code is hereby amended to read
as follows:
CHAPTER 75
0 -P, OFFICE PARK 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 And Performance Standards
11 -75 -1: PURPOSE:
The purpose of the 0 -P 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 -75 -3: PERMITTED USES:
In addition to other uses specifically identified elsewhere in
this title, the following uses are permitted uses in an 0 -P
district:
A. Commercial printing establishments.
B. Conference centers.
297
C. Governmental and public utility buildings and structures;
city of Lakeville only.
D. Hotels.
E. Indoor commercial recreation.
F. Laboratories, research and development facilities.
G. Office businesses.
H. Radio and television stations.
I. Trade and post secondary schools.
J. Wholesale showrooms.
11 -75 -5: PERMITTED ACCESSORY USES:
In addition to other uses specifically identified elsewhere in
this title, the following are permitted accessory uses in the 0-
P district:
A. Commercial or business buildings and structures for a use
accessory to the principal use but such use shall not
exceed thirty percent (300) of the gross floor space of the
principal use.
B. Fences as regulated by chapter 21 of this title.
C. Ground source heat pump systems as regulated by chapter 29
of this title.
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 semitrailer trucks, except in
designated loading areas not to exceed four (4) hours.
F. Satellite TVROs as regulated by chapter 30 of this title.
G. Secondary or accessory use antennas or satellites as
regulated by chapter 30 of this title.
H. Sexually oriented uses, accessory.
298
I. Signs as regulated by chapter 23 of this title.
J. Solar energy systems as regulated by chapter 29 of this
title
11 -75 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere in
this title, the following are conditional uses in an O -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 below for respective conditional uses, each
request for a conditional use permit shall be evaluated based
upon the standards and criteria set forth in subsection 11 -4 -3E
and section 11 -4 -7 of this title.
A. Commercial recreation facilities, provided that:
1. The architectural appearance and function plan of the
building and the site 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 properties and demonstrate
potential reuse as allowed in this district. 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
all other tenants in the multitenant building.
4. A commercial recreational use in a shared tenancy
building shall have its own exterior entrance and
exit.
299
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.
B. Compounding, assembly, or packaging of products and
materials, provided that:
1. The proposed use is not a waste facility.
C. Daycare 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 100kV, as regulated by chapter 26 of this title.
E. Fitness centers and health clubs provided that:
1. Adequate off - street parking and off - street loading
shall be provided in compliance with chapters 19 and
20 of this title.
2. The total number of stations shall not exceed one per
one hundred (100) square feet of gross floor area.
3. The use is located and developed so as not to create
an incompatible operation problem with adjoining and
neighboring commercial and /or residential uses.
4. Hours of operation shall be limited to five o'clock
(5:00) A.M. to eleven o'clock (11:00) P.M. unless
allowed by the city council
F. Governmental and public utility buildings and structures,
other than city of Lakeville.
G. Hospitals.
H. Indoor limited retail sales and service accessory to
office /manufacturing uses, provided that:
1. Location:
300
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 percent (150) 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.
I. Multiple principal buildings on one lot of record, provided
that:
1. The lot shall conform to the minimum lot area, lot
width, and setback requirements of section 11 -75 -13 of
this chapter.
2. Setbacks: Setbacks between multiple principal
buildings within the same base lot shall be a minimum
of twenty feet (20') .
3. Common Areas: All common areas including, but not
limited to, open space, wetlands, greenways, drainage
ponds, driveways, parking areas, sidewalks, etc.,
shall be maintained in one of the following ways:
a. All of the property including buildings and
common areas shall be owned by a single entity.
b. Condominium ownership pursuant to Minnesota
statutes 515A.1 -106.
C. The property shall be divided into a base lot and
unit lots to allow for individual ownership of
the principal buildings or individual tenant
spaces within the principal building, with each
owner of a unit lot having an equal and undivided
301
interest in the common area, subject to the
following requirements:
(1) The tenant space related to each unit lot
shall have an exclusive exterior entrance.
(2) A management association shall be
established for all commercial developments
with multiple principal buildings subdivided
in a base lot /unit lot configuration that is
to be responsible for all exterior building
maintenance, approval of any exterior
architectural modifications, landscaping,
snow clearing and regular maintenance of
driveways and parking areas, subject to
review and approval of the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities
including telephone, electricity, gas, and
telecable shall be installed underground.
Exterior utility meters and fixtures shall be
located in interior side or rear yards when
possible and shall be screened from view of
adjacent properties and the public right of way.
b. Public Utility Service: Separate public utility
services shall be provided to each unit unless
exempted by the city engineer.
(1) Water Connection: A shutoff valve for each
individual unit shall be provided.
(2) Sewer Connection: Where more than one unit
is served by a sanitary sewer service, all
maintenance and cleaning shall be the
responsibility of the maintenance
association or owners.
J.
K.
Personal wireless service antennas not located on an
existing structure or tower as regulated by chapter 30 of
this title.
Warehousing and self storage facilities, provided that:
1. The proposed use is not a waste facility.
302
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 O -P district and are
governed by chapter 5 of this title:
A. Accessory, enclosed temporary (exceeding 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 (250) of the gross floor area of the principal
building.
B. Temporary commercial structures, as regulated by chapter 28
of this title.
C. Uses as allowed in the I -1 District existing as of May 17,
2010.
1. The interim use shall terminate upon redevelopment or
subdivision of the property for a use allowed within
the C -0 district or as provided for by section 11 -5 -7
of this title.
D. WECS that exceed the height limit of this district, as
regulated by chapter 29 of this title.
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 an O -P district by administrative
permit:
A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up
to 100kV, as regulated by chapter 26 of this title.
303
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, outdoor promotional events, not including sales,
provided that:
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 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
304
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 of this title. Consideration shall
be given to the parking needs and requirements of
other occupants in the case of multitenant
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 of this title 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.
D. Temporary structures as regulated by chapter 28 of this
title.
E. WECS that comply with the height limit of this district, as
regulated by chapter 29 of this title.
11- 75 -13: DESIGN AND PERFORMANCE STANDARDS:
The following minimum requirements shall be observed in the 0 -P
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.
305
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: Except as provided for by section 11-
17-7 of this title or other requirements, exceptions
and modifications set forth in this title, no structure
within the 0 -P district shall exceed the following
height:
1. Principal Buildings: Six (6) stories or sixty five
feet (65'), whichever is less.
2. Accessory Buildings: As regulated by section
11- 18 -9.0 of this title.
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
feet (10') from any property line.
306
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 of this 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 the building.
3. All areas intended to be used for loading including
access shall be surfaced with bituminous materials 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 feet
(6') in height and provide a minimum opacity of eighty
percent (800). 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
307
zoning administrator and approved before a building permit
may be obtained.
I. 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: 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. Storage area shall be limited to a maximum of twenty
percent (200) of the gross lot area.
4. Storage area shall be in the rear yard only and set
back thirty feet (30') from all property lines.
5. The storage area is surfaced with bituminous materials
to control dust.
6. The storage does not include any waste, except as
provided in section 11 -18 -11 of this title.
K. Signage: A comprehensive sign plan must be submitted in
conformance with chapter 23 of this title.
Section 113. Title 11, Chapter 85 of the City Code is hereby amended to read
as follows:
CHAPTER 85
I -CBD, INDUSTRIAL - CENTRAL BUSINESS 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
1:
11- 85 -11: Uses By Administrative Permit
11- 85 -13: Lot Requirements And Setbacks
11- 85 -15: Building Height
11 -85 -1: PURPOSE:
The purpose of the I -CBD 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 an I -CBD
district:
A. Auto repair, minor.
B. Building materials sales.
C. Commercial printing establishments.
D. Compounding, assembly, packaging, treatment, or storage of
products and materials except waste.
E. Governmental and public utility buildings and structures;
city of Lakeville only.
F. Laboratories, research and development facilities.
G. Manufacturing.
H. Offices, general.
I. Radio and television stations.
J. Trade schools.
K. Warehousing including self - storage facilities
L. Wholesale businesses.
11 -85 -5: PERMITTED ACCESSORY USES:
309
In addition to other uses specifically identified elsewhere in
this title, the following are permitted accessory uses in an
I -CBD district:
A. Buildings and structures for a use accessory to the
principal use but such use shall not exceed thirty percent
(300) of the gross floor space of the principal use.
B. Fences as regulated by chapter 21 of this title.
C. Ground source heat pump systems as regulated by Chapter 29
of this title.
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 semitrailer trucks.
F. Satellite TVROs less than two meters (2 m) in diameter as
regulated by chapter 30 of this title.
G. Secondary or accessory use antennas or satellites as
regulated by chapter 30 of this title.
H. Sexually oriented uses, accessory.
I. Signs as regulated by chapter 23 of this title.
J. Solar energy systems as regulated by Chapter 29 of this
title.
11 -85 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere in
this title, the following are conditional uses in an I -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 subsection 11 -4 -3E
and section 11 -4 -7 of this title.
A. Accessory, enclosed retail, rental or service activity
other than that allowed as a permitted use or conditional
use within this title, provided that:
310
1. Such use is allowed as a permitted use in a C -1
district.
2. Such use does not constitute more than thirty percent
(300) of the lot area and not more than fifty percent
(500) of the gross floor area of the principal use.
B. Commercial recreation facilities, provided that:
1. The architectural appearance and function plan of the
building and the site 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
all other tenants in the multitenant building.
4. A commercial recreational use in a shared tenancy
building shall have its own exterior entrance and
exit.
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. Daycare facilities as a principal or accessory use provided
that the use conforms to the provisions of chapter 31 of
this title.
311
D. Essential services involving transmission pipelines and
transmission or substation lines in excess of 33kV and up
to 100kV, as regulated by chapter 26 of this title.
E. Governmental and public utility buildings and structures;
other than city of Lakeville.
F. Multiple principal buildings on one lot of record, provided
that:
1. The lot shall conform to the minimum lot area, lot
width, and setback requirements of section 11 -85 -13 of
this chapter.
2. Setbacks: Setbacks between multiple principal
buildings within the same base lot shall be a minimum
of twenty feet (20') .
3. Common Areas: All common areas including, but not
limited to, open space, wetlands, greenways, drainage
ponds, driveways, parking areas, sidewalks, etc.,
shall be maintained in one of the following ways:
a. All of the property including buildings and
common areas shall be owned by a single entity.
b. Condominium ownership pursuant to Minnesota
statutes 515A.1 -106.
C. The property shall be divided into a base lot and
unit lots to allow for individual ownership of
the principal buildings or individual tenant
spaces within the principal building, with each
owner of a unit lot having an equal and undivided
interest in the common area, subject to the
following requirements:
(1) The tenant space related to each unit lot
shall have an exclusive exterior entrance.
(2) A management association shall be
established for all commercial developments
with multiple principal buildings subdivided
in a base lot /unit lot configuration that is
to be responsible for all exterior building
maintenance, approval of any exterior
architectural modifications, landscaping,
snow clearing and regular maintenance of
312
driveways and parking areas, subject to
review and approval of the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities
including telephone, electricity, gas, and
telecable shall be installed underground.
Exterior utility meters and fixtures shall be
located in interior side or rear yards when
possible and shall be screened from view of
adjacent properties and the public right of way.
b. Public Utility Service: Separate public utility
services shall be provided to each unit unless
exempted by the city engineer.
(1) Water Connection: A shutoff valve for each
individual unit shall be provided.
(2) Sewer Connection: Where more than one unit
is served by a sanitary sewer service, all
maintenance and cleaning shall be the
responsibility of the maintenance
association or owners.
G. Personal wireless service antennas not located on an
existing structure or tower as regulated by chapter 30 of
this title.
H. Satellite dish TVROs greater than two meters (2 m) 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. 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.
B. Outdoor service, sale and rental as an accessory use,
provided that:
313
1. Outside services, sales and equipment rental connected
with the principal use is limited to thirty percent
(300) 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 surfaced with asphalt, concrete or
pavers to control dust.
4. The use does not take up parking space as required for
conformity to this title.
5. The interim use permit shall terminate upon a change
of occupancy or other date as determined by the city
council in accordance with section 11 -5 -7 of this
title.
C. Outdoor storage as a principal 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 surfaced with asphalt, concrete or
pavers 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.
5. The interim use permit shall terminate upon a change
of occupancy or other date as determined by the city
council in accordance with section 11 -5 -7 of this
title.
D. WECS that exceed the height limit of this district, as
regulated by chapter 29 of this title.
11- 85 -11: USES BY ADMINISTRATIVE PERMIT:
314
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 -CBD district by
administrative permit:
A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up
to 100kV, as regulated by chapter 26 of this title.
B. Outside, aboveground storage facilities for fuels used for
heating purposes, or for 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. The location and design of such facilities for
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 uniform fire
code requirements, and manufacturer's specifications.
2. An accurate site plan for the development based upon a
certified survey, shall be submitted showing to scale
the location of the storage equipment, including any
fencing and landscaping relating to the safety and
screening of the equipment.
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 must be located so as not to obstruct
approved parking spaces, driving aisles, fire lanes,
utility easements, or required building ingress or
egress points.
315
5. No signage shall be permitted, other than required
safety information, product identification, product
hazards, and operation instructions. For the purpose
of this chapter, "signage" included words, graphics,
logos, and symbols.
C. Personal wireless service antennas including temporary
mobile towers, as regulated by chapter 30 of this title.
D. Sales, rental or display (indoor and outdoor) as an
accessory use in association with an allowed principal use
provided that:
1. The area so occupied shall not exceed ten percent
(100) 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 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.
E. Temporary structures as regulated by chapter 28 of this
title.
F. WECS that comply with the height limit of this district, as
regulated by chapter 29 of this title.
11- 85 -13: LOT REQUIREMENTS AND SETBACKS:
The following minimum requirements shall be observed in an I -CBD
district subject to additional requirements, exceptions and
modifications set forth in this title:
Lot Area:
None
Lot Width:
None
5 feet from a property line and 30
Setbacks:
feet where abutting a residential
district
316
11- 85 -15: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the I -CBD district shall
exceed the following height:
A. Principal Buildings: Four (4) stories or forty five
feet (45 whichever is less.
B. Accessory Buildings: As regulated by section 11-18 -
9.0 of this title.
Section 114. Title 11, Chapter 86 of the City Code is hereby amended to read
as follows:
CHAPTER 86
I -1, LIGHT 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 -15: Building Height
11 -86 -1: PURPOSE:
The purpose of the I -1 district is to provide for the
establishment of warehousing and light industrial development.
The overall character of the I -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:
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In addition to other uses specifically identified elsewhere in
this Title, the following are permitted uses in an I -1 District:
A. Automobile repair, minor.
B. Building materials sales.
C. Cartage and express facilities.
D. Commercial printing establishments.
E. Compounding, assembly, packaging, treatment, or storage of
products and materials except waste.
F. Governmental and public utility buildings and structures;
city of Lakeville only.
G. Laboratories, research and development facilities.
H. Manufacturing.
I. Office, general.
J. Outdoor civic events conducted by nonprofit organizations,
each such outdoor event being limited to fourteen (14) days
in any calendar year.
K. Radio and television stations.
L. 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 of
fumes, dust, or other particulate matter;
3. Storage and use of all flammable materials, including
liquids and rags, shall conform with applicable
provisions of the Minnesota Uniform Fire Code;
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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 F shall be subject to a
separate conditional use permit and shall be in
compliance with Section 11 -86 -7 of this Chapter.
M. Sexually oriented uses, principal.
N. Trade schools.
O. Transportation terminals.
P. Warehousing, including self - storage facilities.
Q. Wholesale businesses.
11 -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. Buildings and structures for a use accessory to the
principal use but such use shall not exceed thirty percent
(300) of the gross floor space of the principal use.
B. Fences as regulated by Chapter 21 of this Title.
C. Ground source heat pump systems as regulated by Chapter 29
of this Title.
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 semitrailer trucks.
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F. Outdoor storage and parking of land /sea containers and semi
tractor trailers as regulated by chapter 22 of this title.
G. Satellite TVROs less than two meters (2 m) in diameter as
regulated by chapter 30 of this title.
H. Secondary or accessory use antennas and satellite TVROs, as
regulated by chapter 30 of this title.
I. Sexually oriented uses, accessory.
J. Signs as regulated by chapter 23 of this title.
K. Solar energy systems as regulated by Chapter 29 of this
title.
11 -86 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere in
this title, the following are conditional uses in an I -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 subsection 11 -4 -3E
and section 11 -4 -7 of this title.
A. Accessory, enclosed retail, rental or service activity
other than that allowed as a permitted use or conditional
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 percent
(300) of the lot area and not more than fifty percent
(500) of the gross floor area of the principal use.
B. Animal kennels, provided that:
1. The animal kennel shall be located in a freestanding
building.
2. 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.
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3. 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.
4. Outdoor exercise areas shall be fenced, not less than
six feet (6') in height with an additional at least
two foot (2') security arm with an internal
orientation set at a thirty degree (30E) 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 feet (100') from any side or rear
property line.
5. Outdoor exercise areas must be cleaned at least once a
day to prevent the accumulation of animal wastes and
the spread of disease.
6. 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.
7. 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.
8. Indoor animal kennel floors and walls shall be made of
nonporous materials or sealed concrete to make it
nonporous.
9. 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.
10. The appropriate license is obtained from the city
clerk and the conditions of section 5 -1 -12 of the city
code are met.
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11. All state health department and Minnesota pollution
control agency requirements for such facilities are
met.
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 percent (250) 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 material or concrete which will control
dust and drainage. The entire area shall have a
perimeter curb barrier, a stormwater drainage system
and is subject to the approval of the city engineer.
4. 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.
5. 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 particulate matter so that the
use shall be in compliance with the State of Minnesota
Pollution Control Standards, Minnesota Regulation APC
1 -15, as amended.
6. The emission of odor by a use shall be in compliance
with and regulated by the State of Minnesota Pollution
Control Standards, Minnesota Regulation APC, as
amended.
7. All flammable materials, including liquids and rags,
shall conform with the applicable provisions of the
Minnesota Uniform Fire Code.
8. 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.
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9. 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. Commercial recreation facilities, provided that:
1. The architectural appearance and function plan of the
building and the site 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
all other tenants in the multitenant building.
4. A commercial recreational use in a shared tenancy
building shall have its own exterior entrance and
exit.
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.
E. Daycare facilities as a principal use or accessory use
provided that the use conforms to the provisions of chapter
31 of this title.
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F. Essential services involving transmission pipelines and
transmission or substation lines in excess of 33kV and up
to 100kV, as regulated by chapter 26 of this title.
G. Governmental and public utility buildings and structures;
other than city of Lakeville.
H. Multiple principal buildings on one lot of record, provided
that:
1. The lot shall conform to the minimum lot area, lot
width, and setback requirements of section 11 -86 -13 of
this chapter.
2. Setbacks: Setbacks between multiple principal
buildings within the same base lot shall be a minimum
of twenty feet (20') .
3. Common Areas: All common areas including, but not
limited to, open space, wetlands, greenways, drainage
ponds, driveways, parking areas, sidewalks, etc.,
shall be maintained in one of the following ways:
a. All of the property including buildings and
common areas shall be owned by a single entity.
b. Condominium ownership pursuant to Minnesota
statutes 515A.1 -106.
C. The property shall be divided into a base lot and
unit lots to allow for individual ownership of
the principal buildings or individual tenant
spaces within the principal building, with each
owner of a unit lot having an equal and undivided
interest in the common area, subject to the
following requirements:
(1) The tenant space related to each unit lot
shall have an exclusive exterior entrance.
(2) A management association shall be
established for all commercial developments
with multiple principal buildings subdivided
in a base lot /unit lot configuration that is
to be responsible for all exterior building
maintenance, approval of any exterior
architectural modifications, landscaping,
snow clearing and regular maintenance of
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driveways and parking areas, subject to
review and approval of the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities
including telephone, electricity, gas, and
telecable shall be installed underground.
Exterior utility meters and fixtures shall be
located in interior side or rear yards when
possible and shall be screened from view of
adjacent properties and the public right of way.
b. Public Utility Service: Separate public utility
services shall be provided to each unit unless
exempted by the city engineer.
(1) Water Connection: A shutoff valve for each
individual unit shall be provided.
(2) Sewer Connection: Where more than one unit
is served by a sanitary sewer service, all
maintenance and cleaning shall be the
responsibility of the maintenance
association or owners.
I. Personal wireless service antennas not located on an
existing structure or tower as regulated by chapter 30 of
this title.
J. Satellite TVROs greater than two meters (2 m) in diameter
as regulated by chapter 30 of this title.
K. Truck stops, as regulated by chapter 37 of this title.
L. Truck /car washes (automatic mechanical drive - through only)
as an accessory use associated with a truck stop, 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.
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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.
8. All of the provisions as outlined in section 11 -37 -7
of this title 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 of this title:
A. 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.
B. Outdoor service, sale and rental as an accessory use,
provided that:
1. Outside services, sales and equipment rental connected
with the principal use is limited to thirty percent
(300) 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.
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3. Sales area is surfaced with asphalt, concrete or
pavers to control dust.
4. The use does not take up parking space as required for
conformity to this title.
5. The interim use permit shall terminate upon a change
of occupancy or other date as determined by the city
council in accordance with section 11 -5 -7 of this
title.
C. Outdoor storage as a principal 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 surfaced with asphalt, concrete or
pavers 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.
5. The interim use permit shall terminate upon a change
of occupancy or other date as determined by the city
council in accordance with section 11 -5 -7 of this
title.
D. WECS that exceed the height limit of this district, as
regulated by chapter 29 of this title.
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 I -1 district by administrative
permit:
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A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up
to 100kV, as regulated by chapter 26 of this title.
B. Outside, aboveground storage facilities for fuels used for
heating purposes, or for 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. The location and design of such facilities for
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 uniform fire
code requirements, and manufacturer's specifications.
2. An accurate site plan for the development based upon a
certified survey, shall be submitted showing to scale
the location of the storage equipment, including any
fencing and landscaping relating to the safety and
screening of the equipment.
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 must be located 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 than required
safety information, product identification, product
hazards, and operation instructions. For the purpose
of this chapter, " signage" included words, graphics,
logos, and symbols.
C. Personal wireless service antennas including temporary
mobile towers, as regulated by chapter 30 of this title.
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D. Sales, rental or display (indoor and outdoor) as an
accessory use in association with an allowed principal use
provided that:
1. The area so occupied shall not exceed ten percent
(100) 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 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.
E. Temporary structures as regulated by chapter 28 of this
title.
F. WECS that comply with the height limit of this district, as
regulated by chapter 29 of this title.
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
Rear yards
30 feet
Side yards
10 feet on any one side, or 30
feet on the side yard abutting
a street. Side yards abutting
residential zoned property, not
less than 50 feet on the side
yard abutting the residential
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zoned property
11- 86 -15: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the I -1 district shall
exceed the following height:
A. Principal Buildings:Three (3) stories or thirty five
feet (35'), whichever is less.
B. Accessory Buildings: As regulated by section 11- 18 -9.0
of this title.
Section 115. Title 11, Chapter 87 of the City Code is hereby amended to read
as follows:
CHAPTER 87
I -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 -15: Building Height
11 -87 -1: PURPOSE:
The purpose of the I -2 district 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:
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A. Automobile repair, major.
B. Automobile repair, minor.
C. Building materials sales.
D. Cartage and express facilities.
E. Commercial printing establishments.
F. Compounding, assembly, packaging, treatment, or storage of
products and materials except waste.
G. Governmental and public utility buildings and structures,
city of Lakeville only.
H. Laboratories, research and development facilities.
I. Manufacturing.
J. Office, general.
K. Outdoor civic events conducted by nonprofit organizations,
each such outdoor event being limited to fourteen (14) days
in any calendar year.
L. Radio and television stations.
M. 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 of
fumes, dust, or other particulate matter;
3. Storage and use of all flammable materials, including
liquids and rags, shall conform with applicable
provisions of the Minnesota Uniform Fire Code;
331
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 F shall be subject to a
separate conditional use permit and shall be in
compliance with Section 11 -86 -7 of this Chapter.
N. Sexually oriented uses, principal.
0. Trade schools.
P. Transportation terminals.
Q. Warehousing, including self - storage facilities.
R. Wholesale business.
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 I -2
district:
A. Buildings and structures for a use accessory to the
principal use but such use shall not exceed thirty percent
(300) of the gross floor space of the principal use.
B. Fences as regulated by Chapter 21 of this Title.
C. Ground source heat pump systems as regulated by Chapter 29
of this Title.
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 semitrailer trucks.
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F. Outdoor storage and parking of land /sea containers and
semitractor trailers as regulated by chapter 22 of this
title.
G. Satellite TVROs less than two meters (2 m) in diameter as
regulated by chapter 30 of this title.
H. Secondary or accessory use antennas and satellite TVROs, as
regulated by chapter 30 of this title.
I. Sexually oriented uses, accessory.
J. Signs as regulated by chapter 23 of this title.
K. Solar energy systems as regulated by Chapter 29 of this
title.
11 -87 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere in
this title, the following are conditional uses in an I -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 subsection 11 -4 -3E
and section 11 -4 -7 of this title.
A. Accessory, enclosed retail, rental or service activity
other than that allowed as a permitted use or conditional
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 percent
(300) of the lot area and not more than fifty percent
(500) of the gross floor area of the principal use.
B. Animal kennels, provided that:
1. The animal kennel shall be located in a freestanding
building.
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2. 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.
3. 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.
4. Outdoor exercise areas shall be fenced, not less than
six feet (6') in height with an additional at least
two foot (2') security arm with an internal
orientation set at a thirty degree (30E) 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 feet (100') from any side or rear
property line.
5. Outdoor exercise areas must be cleaned at least once a
day to prevent the accumulation of animal wastes and
the spread of disease.
6. 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.
7. 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.
8. Indoor animal kennel floors and walls shall be made of
nonporous materials or sealed concrete to make it
nonporous.
9. 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.
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10. The appropriate license is obtained from the city
clerk and the conditions of section 5 -1 -12 of the city
code are met.
11. All state health department and Minnesota pollution
control agency requirements for such facilities are
met.
C. Crude oil, gasoline or other liquid storage tanks.
D. Daycare facilities as a principal use or accessory use
provided that the use conforms to the provisions of chapter
31 of this title.
E. Essential services involving transmission pipelines and
transmission or substation lines in excess of 33kV and up
to 100kV, as regulated by chapter 26 of this title.
F. Governmental and public utility buildings and structures;
other than city of Lakeville.
G. Multiple principal buildings on one lot of record, provided
that:
1. The lot shall conform to the minimum lot area, lot
width, and setback requirements of section 11 -86 -13 of
this chapter.
2. Setbacks: Setbacks between multiple principal
buildings within the same base lot shall be a minimum
of twenty feet (20').
3. Common Areas: All common areas including, but not
limited to, open space, wetlands, greenways, drainage
ponds, driveways, parking areas, sidewalks, etc.,
shall be maintained in one of the following ways:
a. All of the property including buildings and
common areas shall be owned by a single entity.
b. Condominium ownership pursuant to Minnesota
statutes 515A.1 -106.
C. The property shall be divided into a base lot and
unit lots to allow for individual ownership of
the principal buildings or individual tenant
spaces within the principal building, with each
owner of a unit lot having an equal and undivided
335
interest in the common area, subject to the
following requirements:
(1) The tenant space related to each unit lot
shall have an exclusive exterior entrance.
(2) A management association shall be
established for all commercial developments
with multiple principal buildings subdivided
in a base lot /unit lot configuration that is
to be responsible for all exterior building
maintenance, approval of any exterior
architectural modifications, landscaping,
snow clearing and regular maintenance of
driveways and parking areas, subject to
review and approval of the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities
including telephone, electricity, gas, and
telecable shall be installed underground.
Exterior utility meters and fixtures shall be
located in interior side or rear yards when
possible and shall be screened from view of
adjacent properties and the public right of way.
b. Public Utility Service: Separate public utility
services shall be provided to each unit unless
exempted by the city engineer.
(1) Water Connection: A shutoff valve for each
individual unit shall be provided.
(2) Sewer Connection: Where more than one unit
is served by a sanitary sewer service, all
maintenance and cleaning shall be the
responsibility of the maintenance
association or owners.
H.
I.
J.
Personal wireless service antennas not located on an
existing structure or tower as regulated by chapter 30 of
this title.
Satellite TVROs greater than two meters (2 m) in diameter
as regulated by chapter 30 of this title.
Truck stops, as regulated by chapter 37 of this title.
336
K. Truck /car washes (automatic mechanical drive - through only)
as an accessory use associated with a truck stop, 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.
8. All of the provisions as outlined in section 11 -37 -7
of this title must be satisfied.
11 -87 -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 -2 district and are
governed by chapter 5 of this title:
A. Commercial and public radio and television transmitting
antennas, public safety communication antennas, and public
337
utility microwave antennas as regulated by chapter 30 of
this title.
M
W
Outdoor service, sale and rental as an accessory use,
provided that:
1. Outside services, sales and equipment rental connected
with the principal use is limited to thirty percent
(300) 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 surfaced with asphalt, concrete or
pavers to control dust.
4. The use does not take up parking space as required for
conformity to this title.
5. The interim use permit shall terminate upon a change
of occupancy or other date as determined by the city
council in accordance with section 11 -5 -7 of this
title.
Outdoor storage as a principal 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 surfaced with asphalt, concrete or
pavers 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.
5. The interim use permit shall terminate upon a change
of occupancy or other date as determined by the city
council in accordance with section 11 -5 -7 of this
title.
338
D. WECS that exceed the height limit of this district, as
regulated by chapter 29 of this title.
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. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up
to 100kV, as regulated by chapter 26 of this title.
B. Outside, aboveground storage facilities for fuels used for
heating purposes, or for 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. The location and design of such facilities for
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 uniform fire
code requirements, and manufacturer's specifications.
2. An accurate site plan for the development based upon a
certified survey, shall be submitted showing to scale
the location of the storage equipment, including any
fencing and landscaping relating to the safety and
screening of the equipment.
3. Solid wall enclosures should not be used to assure
that fire hose streams can be directed onto the
storage equipment with minimal obstruction.
339
4. Equipment must be located 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 than required
safety information, product identification, product
hazards, and operation instructions. For the purpose
of this chapter, "signage" included words, graphics,
logos, and symbols.
C. Personal wireless service antennas including temporary
mobile towers, as regulated by chapter 30 of this title.
D. Sales, rental or display (indoor and outdoor) as an
accessory use in association with an allowed principal use
provided that:
1. The area so occupied shall not exceed ten percent
(100) 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 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.
E. Temporary structures as regulated by chapter 28 of this
title.
F. WECS that comply with the height limit of this district, as
regulated by chapter 29 of this title.
11- 87 -13: LOT REQUIREMENTS AND SETBACKS:
The following minimum requirements shall be observed in an I -2
district subject to additional requirements, exceptions and
modifications set forth in this title:
Lot Area: 1 acre
340
Lot Width:
100 feet
Setbacks:
Front yards
40 feet
Rear yards
30 feet, or 50 feet on the
yard abutting residential
zoned property
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
11- 87 -15: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the I -2 district shall
exceed the following height:
A. Principal Buildings: Four (4) stories or forty five
feet (45 whichever is less.
B. Accessory Buildings: As regulated by section 11- 18 -9.0
of this title.
Section 116. Title 11, Chapter 96 of the City Code is hereby amended to read
as follows:
CHAPTER 96
PUD, PLANNED UNIT DEVELOPMENT DISTRICT
SECTION:
11- 96 - -1: Purpose
11- 96 - -3: Application
11- 96 - -5: Allowed Uses
11- 96 - -6: Lot Requirements
11- 96 - -7: Setbacks And Building Height
11- 96 - -9: Integrated Design
11- 96 -11: Sketch Plan
11- 96 -13: Development Stage Plan
11- 96 -15: Final Plan
341
11- 96 -17: Processing
11- 96 -19: Periodic PUD Review
11- 96 -21: Plan Modification /Amendment Of A PUD
11- 96 -23: General Requirements
11- 96 -25: Planned Unit Development Districts
11 -96 -1: PURPOSE:
The purpose of the PUD district is to provide comprehensive
procedures and standards intended to allow flexibility in the
development of residential neighborhoods and /or nonresidential
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 chapter is to:
A. Provide for the establishment of PUD districts in
appropriate settings and situations to create or maintain a
development pattern that complies with the comprehensive
plan.
B. Allow for the mixing of land uses within a development when
such mixing of land uses could not otherwise be
accomplished under this title.
C. Provide for variations to the strict application of the
land use regulations in this title in order to improve site
design and operation, while at the same time incorporating
design elements (e.g., construction materials, landscaping,
lighting, etc.) that exceed the city's standards to offset
the effect of any variations.
D. Promote a more creative and efficient approach to land use
within the city, while at the same time protecting and
promoting the health, safety, comfort, aesthetics, economic
viability, and general welfare of the city.
E. Preserve and enhance natural features and open spaces.
F. Maintain or improve the efficiency of public streets and
utilities.
G. Ensure the establishment of appropriate transitions between
differing land uses.
11 -96 -3: APPLICATION:
342
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 with a
district area less than three hundred twenty (320) acres, except
to allow for public or quasi - public uses.
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 -6: LOT REQUIREMENTS:
The following minimum lot requirements shall be observed in the
central area, as delineated in the city's comprehensive plan,
PUD district for single- family detached dwellings:
Lot area:
Corner
12,500 square feet
Interior
11,000 square feet
Lot width:
Corner
1100 Feet
Interior
185 Feet
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
chapter.
343
11 -96 -9: INTEGRATED DESIGN:
A PUD district 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.
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
any building 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.
344
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 of any entity
that is to 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 final 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. Preapplication 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 for which 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 Requirements:
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 will be
processed according to the information requirements,
standards and procedures for sketch plans as
established by section 11 -96 -11 of this chapter.
C. Development Stage:
345
1. Application Procedure: PUD zoning district
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
stage plan applications
section 11 -96 -13 of this
for all PUD development
shall be as specified in
chapter.
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 being considered.
3. Zoning Enactment: A rezoning of a parcel of land to
PUD shall not become effective until such time as the
city council approves an ordinance reflecting said
amendment, which shall take 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 of this chapter 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 district
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 district.
11- 96 -21: PUD DISTRICT AMENDMENT / PLAN MODIFICATION:
The City Council or Planning Commission upon their own motion or
any person owning or having interest in real estate within an
established PUD District may initiate a request to amend the
provisions or plans of said PUD District. The same review
procedure shall be followed for a plan outlined in subsection
11- 96 -17.0 of this chapter, except that proposed amendments
346
meeting the following criteria, as determined by the Zoning
Administrator, may be approved administratively in accordance
with Chapter 8 of this Title:
A. Only applications for preexisting uses or uses explicitly
classified as allowed uses within the respective PUD
Districts of which the property is zoned are eligible for
administrative approval.
B. The plan amendment shall not result in an increase in hours
of operation, traffic, employees, or number of dwelling
units, expand any principal building or otherwise increase
the intensity of the use of the site.
C. The plan amendment shall comply with all lot and setback
requirements of the PUD District and all other applicable
performance standards of this Title or the City Code.
D. All applications for plan amendment shall be complete and
in full accordance with the requirements of Section 11 -9 -13
of this Title and all applicable fees shall be paid.
11- 96 -23: GENERAL REQUIREMENTS:
A. Records: The zoning administrator shall maintain a record
of all PUD districts 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
chapter may be withdrawn by an applicant without prejudice
at 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 subsection 11- 96 -17C of this
chapter. A separate action on the final plat shall be
processed before the city council prior to or in
conjunction with the final stage of the PUD.
347
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 all
provisions of the PUD and the general plan for that
project. However, nothing in this chapter shall be
construed as to make such conveyed property nonconforming
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 the city
relating to the 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.
Section 117. Title 11, Chapter 97 of the City Code is hereby amended to read
as follows:
CHAPTER 97
P -OS, PUBLIC AND OPEN SPACE DISTRICT
SECTION:
11- 97 - -1: Purpose
11- 97 - -3: Permitted Uses
11- 97 - -5: Accessory Uses
11- 97 - -7: Conditional Uses
11- 97 - -9: Interim Uses
11- 97 -11: Uses By Administrative Permit
11- 97 -13: Design Standards
11- 97 -15: Lot Requirements And Setbacks
11 -97 -1: PURPOSE:
V;
The purpose of the P -OS, public and open space district is to
provide for a specific zoning district allowing facilities
devoted to serving the public. It is unique in that the primary
objective of uses within this district is the provision of
services, frequently on a nonprofit basis, rather than the sale
of goods or services. It is intended that uses within such a
district will be compatible with adjoining development, and they
normally will be located along arterial or major collector
streets with full availability of urban services.
11 -97 -3: PERMITTED USES:
In addition to other uses specifically identified elsewhere in
this title, the following are permitted uses in a P -OS district:
A. Governmental utility buildings, public maintenance
buildings and structures necessary for the health, safety
and general welfare of the community, city of Lakeville
only.
B. Parks, trails, play fields, playgrounds and directly
related buildings and structures, city of Lakeville only.
C. Park and ride facilities; public facilities only.
D. Public civic or cultural buildings, such as libraries,
public administration buildings, fire stations, police
department buildings and historical developments, city of
Lakeville only.
11 -97 -5: ACCESSORY USES:
In addition to other uses specifically identified elsewhere in
this title, the following are permitted accessory uses in a P -OS
district:
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. Ground source heat pump systems as regulated by chapter 29
of this title.
349
D. Off - street parking and off- street loading as regulated by
chapters 19 and 20 of this title, but not including
semitrailer trucks, except in designated loading areas not
to exceed four (4) hours.
E. Secondary or accessory use antennas or satellites as
regulated by chapter 30 of this title.
F. Signs as regulated by chapter 23 of this title.
G. Solar energy systems as regulated by chapter 29 of this
title
11 -97 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere in
this title, the following are conditional uses in a P -OS
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 subsection 11 -4 -3E
and section 11 -4 -7 of this title.
A. Automobile parking lots, city of Lakeville only, as a
principal use provided that:
1. The parking lot shall be subject to the requirements
for commercial lots established by subsection 11 -19 -7I
of this title.
B. Essential services involving transmission pipelines and
transmission or substation lines in excess of 33kV and up
to 100kV, as regulated by chapter 26 of this title.
C. Parks and recreational areas owned or operated by public
bodies other than the city of Lakeville.
D. Personal wireless service antennas and telephone antennas
not located on an existing structure or tower, as regulated
by chapter 30 of this title.
E. High schools having a regular course of study accredited by
the state of Minnesota.
350
F. Public civic auditoriums, indoor recreation centers, arenas
or other facilities, city of Lakeville only, with an event
seating capacity of more than three hundred (300) persons,
provided that:
1. Access to the facility shall be provided only from a
major collector or arterial street at intersections
compliant with the requirements of subsection
11 -19 -716 of this title.
11 -97 -9: INTERIM USES:
In addition to other uses specifically identified elsewhere in
this title, and subject to applicable provisions of this
chapter, the following are interim uses in the P -OS district and
are further governed by chapter 5 of this title.
A. Satellite TVROs greater than one meter (1 m) in diameter as
regulated by chapter 30 of this title.
B. Temporary classroom type structure for use by public
institutions.
C. WECS exceeding the height limit of this district, as
regulated by chapter 29 of this title.
11- 97 -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 P -OS district by administrative
permit:
A. Essential services, except transmission pipelines and
transmission or substation lines in excess of 33kV and up
to 100kV, 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.
351
C. Temporary structures as regulated by chapter 28 of this
title.
D. WECS that comply with the height limit of this district, as
regulated by chapter 29 of this title.
11- 97 -13: DESIGN STANDARDS:
The architectural appearance and functional design of the
building and site shall maintain a high standard of
architectural and aesthetic compatibility with surrounding uses
so as to positively reflect desired community character. All
sides of the principal and accessory structures are to have
essentially the same or coordinated, harmonious exterior finish
materials and treatment and shall comply with section 11 -17 -9 of
this title.
11- 97 -15: LOT REQUIREMENTS AND SETBACKS:
The following minimum requirements shall be observed in a P -OS
district subject to additional requirements, exceptions and
modifications set forth in this title:
A. Parks, trails, play fields, and playgrounds:
Lot area
None
Lot width
None
Setbacks (buildings only):
Front yards
30 feet
Rear yards
30 feet
Side yards
10 feet; 30 feet abutting R
district or public right of
ay
B. All other uses:
Lot area 20,000 square feet
352
Lot width
100 feet
Setbacks:
Front yards
30 feet
Rear yards
30 feet
Side yards
10 feet; 30 feet abutting R
district or public right of
way
11- 97 -15: BUILDING HEIGHT:
Except as provided for by section 11 -17 -7 of this title or
other requirements, exceptions and modifications set forth
in this title, no structure within the P -OS district shall
exceed the following height:
A. Principal Buildings:
B. Accessory Buildings:
9.0 of this title.
No height limit.
As regulated by section 11 -18-
Section 118. Title 11, Chapter 46 of the City Code is hereby amended to read
as follows:
CHAPTER 102
S, 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- 102 -13: Minimum Lot And Setback Requirements
11- 102 -15: Nonconformities
353
11- 102 -17: Development Regulations
11- 102 -19: Shoreland Alterations
11- 102 -21: Planned Shoreland 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 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 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 rules,
parts 6120.2500 - 6120.3900. The classification of the shoreland
areas shall govern the use, alteration, and development of these
areas according to 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 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.
11- 102 -7: DISTRICT BOUNDARIES:
The boundaries of the S, district are established within the
following distances from the ordinary high water mark of the
354
surface water depending on the size of the surface water as
indicated on the Lakeville Zoning Map:
Surface Water
Distance (Feet)'
Greater than 10 acres
1,000
(table 1)
19 -26
Rivers and streams
300
(draining an area
19 -31
greater than 2 square
977.6
miles)
19 -27
NOTES:
1. 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.
2. The distance requirement shall be
increased to the limit of the
floodplain when greater than three
hundred feet (300').
11- 102 -9: SHORELAND CLASSIFICATION:
A. The surface waters affected by this chapter and which
require controlled development of their shoreland
(shoreland district) are shown on the Zoning Map
established by Section 11 -45 -5 of this Title.
B. 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 and identified by the
tables below.
1. Lakes:
Name
DNR
ID#
Classification
OHWL
Lake Marion
19 -26
Refer to Sec. 11- 102 -9.0
983.1
Orchard Lake
19 -31
Recreational Development (RD)
977.6
Crystal Lake
19 -27
Recreational Development (RD)
934.5
Lake Kingsley
19 -30
Natural Environment (NE)
978.5
Lee Lake
19 -29
Recreational Development (RD)
948.5
Horseshoe Lake
19 -32
Natural Environment (NE)
--
Unnamed Lake
70 -11
Natural Environment (NE)
--
355
2. Rivers:
Name
Classification
Location
To
From
Sec19 T114 R20
Unnamed to Vermillion
Tributary (T)
Sec8
Sec29
River(S. Branch of
Sec13 T114 R21, except as
T114
T114
North Creek)
Sec24 T114 R21, except as
R20
R19
Unnamed to Vermillion
Tributary (T)
Sec34
Sec12
River (N. Branch of
T115
T114
North Creek)
R20
R20
Unnamed to Unnamed
Tributary (T)
Sec17
Sec30
T114
T114
R20
R19
Unnamed to Unnamed
Tributary (T)
Sec21
Sec23
T114
T114
R20
R20
Unnamed to Vermillion
Tributary (T)
Sec36
Sec36
River (S. Branch of
T114
T114
South Creek)
R21
R20
Unnamed to Unnamed
Tributary (T)
Sec19
Sec33
T114
T114
R20
R20
C. Lake Marion:
1. As provided for by Alternative Shoreland Management
Standards under Minnesota Rules ALT6120, the shoreland
classification of Lake Marion, DNR Identification
Number 19 -26, shall be set forth by this section to
reflect the distinct characteristics of specific areas
of the water body to provide for appropriate
management of shoreland areas:
Location of lands subject to
regulation of applicable
classification:
Classification
That portion of Lake Marion
east of I -35, including:
Sec19 T114 R20
Sec30 T114 R20
Recreational
Sec13 T114 R21, except as
Development(RD)
described below
d
Sec24 T114 R21, except as
described below
Sec25 T114 R21
That portion of Lake Marion
Natural Environment
356
west of I -35, including: (NE)
W -�/2 of SW -1 /4 Sec13 T114 R21
S -1 /2 Sec14 T114 R21
E - Sec23 T114 R21
W -'/� of NW - /4 Sec24 T114 R21
2. Existing Lots of Record as of May 17, 2010 shall
remain subject to the minimum lot and setback
requirements and other provisions of this chapter
applicable to the recreational development
classification.
3. Future rezoning of an existing lot of record or
approval of any subdivision to allow a more intensive
land use shall be subject to the minimum lot and
setback requirements and other provisions of this
chapter applicable to the classification established
by section 11- 102 -9.C.1 of this title.
D. Other surface waters affected by this chapter, generally
having less than ten (10) acres, are classified as wetland
systems and thus regulated under the provisions of section
11 -16 -13 of this title.
11- 102 -11: ALLOWABLE LAND USES:
The land uses allowable for the S district shall follow the
"permitted ", "permitted accessory ", "administrative permit ",
"interim" and "conditional" use designations as defined and
outlined in the base zoning districts.
11- 102 -13: MINIMUM LOT AND SETBACK REQUIREMENTS:
Subject 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 district:
A. Residential (RS -1, RS -2, RS -3, RS -4, RST -1, RST -2, RS -CBD,
RM -1, RM -2, RH -1 and RH -2 Districts):
NE RD T
357
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
35,000
26,000
Triplex
52,000
38,000
Quad
65,000
49,000
b. Unsewered
10 acres
10 acres
10 acres
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:
(z)
Single
125
75
75
Duplex
220
135
115
Triplex
315
190
150
Quad
410
245
190
b. Unsewered:
(1) Abutting:
Single
200
150
100
Duplex
300
225
150
Triplex
400
300
200
Quad
500
375
250
358
(2) Nonabutting:
NE
RD
Single
T
200
150
100
Duplex
400
265
150
Triplex
600
375
Sewered
200
Quad
75
800
490
feet
250
Notes:
feet
100
feet
1. Lot area
requirements in unsewered areas are
2. Top of bluff
delineated in
section 11 -17 -19 of
this title.
feet
2. 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.
B. Residential subdivisions with dwelling unit densities
exceeding those in this subsection A can only be allowed if
designed and approved as planned unit developments under
section 11- 102 -21 of this chapter. 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
A2a of this section can only be used if publicly owned
sewer system is available to the property.
C. All Other Districts: Minimum lot size requirements for all
remaining zoning districts not specified in subsection A of
this section are delineated in the various zoning districts
defined by chapter 45 of this title.
D. Setbacks:
359
NE
RD
T
1. Ordinary high
water mark
Sewered
150
feet
75
feet
50
feet
Unsewered
150
feet
100
feet
100
feet
2. Top of bluff
30
feet
30
feet
30
feet
3. Unplatted
cemetery
50
feet
50
feet
50
feet
359
4. Side yard
Setback for
property
20 feet
20 feet
20 feet
abutting a lake
I I
Shoreland Bluff I
30'
II
Bluff
Bluff
Average Slope 30% I Impact Zone
or Greater Top of
Bluff
Ordinary
High water
Level (OHwL) Toe of I Bluff Height
Bluff I 25' or more
I
I
_ _ _ _ _ I
- -- - - - - -
Minimum 50' � --
I i
1. 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.
2. Any new subdivisions, lot combinations or replats
of existing lots of record shall be required to
conform to the thirty foot (30') setback from the
top of bluff based upon the definition within
section 11 -2 -3 of this title. Structure setback
on existing lots of record prior to March 1,
1993, shall be allowed up to twenty feet (20')
from the top of bluff. The location of top of
bluff for existing lots of record prior to March
1, 1993, shall be determined as provided for by
section 11 -2 -3 of this title, except by
conditional use permit to allow for expansion of
360
existing principal dwellings subject to the
following requirements:
a. Top of the bluff is the point, visually
observed, at a clearly identifiable break in
the slope from steeper to gentler above the
slope and away from the water body. If no
break in the slope is apparent based on
visual observation, the top of bluff shall
be determined based upon the definition of
bluff within section 11 -2 -3 of this title.
b. Toe of the bluff is the point, visually
observed, at a clearly identifiable break in
the slope from gentler to steeper above the
slope and away from the water body. If no
break in the slope is apparent based upon
visual observation, the toe of bluff shall
be determined based upon the definition of
bluff within section 11 -2 -3 of this title.
C. Any development allowed under the
alternative definition for top of the bluff
will not increase the area or rate of storm
water drainage towards the water body.
d. Engineered grading and construction plans
for any structures are provided
demonstrating that the development will not
degrade the physical integrity of the bluff.
e. A shoreland impact plan is prepared and
submitted in accordance with section
11- 102 -17 of this chapter.
f. In addition to the information required by
section 11 -4 -5 of this title and section
11- 102 -17 of this chapter, application for a
CUP under this subsection shall require
submission of a cross section of the parcel,
drawn to scale, identifying the following:
(1) Ordinary high water mark.
(2) Toe of the bluff.
(3) Top of the bluff.
361
(4) Bluff impact zone.
(5) Structure location(s).
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 district.
2. Impervious surface coverage for lots in all zoning
districts shall not exceed twenty five percent (25%)
of the lot area within the S district, except as
provided below:
a. Where appropriate and where structures and
practices for the mitigation of stormwater
impacts on receiving waters are employed in
compliance with the water resources management
plan, or as approved by the City Engineer,
impervious surface coverage shall be allowed to
exceed twenty five percent (250) impervious to a
maximum of:
(1) Seventy five percent (75%) impervious
surface coverage per lot within all
industrial zoning districts located on
tributary rivers.
(2) Seventy percent (700) impervious surface
coverage per lot within all business and CBD
zoning districts located on recreational
development (RD) lakes and tributary rivers.
(3) Fifty percent (500) impervious surface
coverage per lot within all business zoning
districts on natural environment (NE) lakes.
b. The increase in impervious surface shall be
allowed provided the following criteria are met:
(1) All structures and practices are in place
for the treatment of stormwater runoff.
(2) A conditional use permit and shoreland
impact plan are submitted and approved as
362
provided for in sections 11- 102 -17 and
11- 102 -25 of this title.
(3) Any removal of significant trees shall
require a tree preservation plan in
accordance with section 11 -21 -11 of this
title.
C. Impervious surface on an individual residential
lot may exceed twenty five (250) percent of the
lot area where an adjacent parcel is dedicated to
the public as a buffer along a tributary river.
The combined total impervious surface area of the
residential parcel and the buffer parcel within
the shoreland overlay district may not exceed
twenty five (25o)percent.
d. Measures for the treatment of stormwater runoff
and /or prevention of stormwater 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
stormwater quality protection in urban areas.
11- 102 -15: NONCONFORMITIES:
A. Non - Conforming Lots of Record: 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 subsection
11- 102 -13A 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 and the following conditions:
1. All structure and septic system setback distance
requirements can be met; and,
2. A Type 1 sewage treatment system consistent with
Minnesota Rules, chapter 7080, can be installed or the
lot is connected to a public sewer; and,
3. The impervious surface coverage does not exceed twenty
five (25) percent of the lot.
B. Additions /Expansions To Nonconforming Structures: All
additions or expansions to the outside dimensions of an
363
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 section 11- 102 -23 and chapter 6 of this title.
C. Nonconforming Sewage Treatment Systems: All sanitary
facilities on lots outside of the municipal 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.
11- 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 set forth 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 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:
364
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. Bluff Impact Zones: Structures and accessory facilities
except stairways, landings, 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 lifts must meet the following
design requirements:
1. Stairways and lifts shall not exceed four feet (4') 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
constructed above the
higher than thirty in
point, or placed into
designed and built in
soil erosions;
landings may be either
ground on posts or pilings, no
:�hes (30 ") above grade at any one
the ground provided they are
a manner that ensures control of
5. Stairways, lifts, and landings shall be located in the
most visually inconspicuous portions of lots, as
365
viewed from the surface of the public water assuming
summer, leaf -on conditions, whenever practical; and
6. Facilities such as 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 Cl
through C4 of this Section are complied within
addition to the requirements of Minnesota rules,
chapter 3325.
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,
conditions 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 facilities 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 that 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:
366
a. Generally: All proposed sites for individual
sewage treatment systems shall be evaluated in
accordance with the criteria in the following
subsection E4b of this Section. 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;
(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 -15C 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 feet (150') from the normal high -
water level.
b. On recreational development lakes, at least
seventy five feet (75') from the normal high -
water level.
C. On tributary streams, at least seventy five feet
(75') from the normal high -water level.
367
7. Soil Absorption Systems: 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 feet (3') 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 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 feet (3') 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 feet (10') to a
property line.
G. Stormwater Management: The following general and specific
standards shall apply in regard to stormwater 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 stormwater 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 thirty (30) days after completion of the
M .
project. All methods of stormwater management shall
comply with the water resources management plan.
3. When development density, topographic features, and
soil and vegetation conditions are not sufficient to
adequately handle stormwater 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 manmade materials and
facilities.
4. When constructed facilities are used for stormwater
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 stormwater 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 Streets, Driveways, and Parking
Areas: The following standards shall apply in regard to
street, driveway and parking area placement and design
within any shoreland district within the city.
1. Public streets and private driveways and parking areas
shall be designed to take advantage of natural
vegetation and topography to achieve maximum screening
from view from public waters. Documentation shall be
provided by the City Engineer that all streets,
driveways and parking areas are designed and
constructed to minimize and control erosion to public
waters consistent with the field office technical
guides of the Dakota County Soil and Water
Conservation District.
2. Private driveways and parking areas shall meet
structure setbacks from the ordinary high water level
and bluff line 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
369
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.
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 -19B of
this chapter shall be met.
I. Fences: Fences shall not exceed forty two inches (42 ") in
height and shall be at least seventy five percent (75 %)
open space for passage of air and light inside the ordinary
high -water level setback. Fences shall not be located
within ten feet (10') from the ordinary high -water level.
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 -17H of this chapter subject to
the following standards:
370
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 field 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 watercourse
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 prior to
the commencement of any work thereon. The permit may
be granted subject to the conditions that:
371
a. Temporary ground cover such 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 section 11-
16-7 of this title and consistent with the field
office technical guides of the Dakota County Soil
and Water Conservation District.
C. Fill shall not be placed in areas lower in
elevation than the normal high -water level.
d. Fill shall be stabilized according to accepted
engineering standards.
e. Fill 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 watercourse
leading to such water body shall be three (3)
units horizontal to one vertical.
g. Fill or excavated material must not be placed in
bluff impact zones.
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 adjacent or
nearby properties.
j. Placement of natural rock riprap, including
associated grading of the shoreline and placement
of a filter blanket, is permitted if the finished
slope does not exceed three feet (3') horizontal
to one foot (1') vertical, the landward extent of
the riprap is within ten feet (10') of the
ordinary high -water level, and the height of the
riprap above the ordinary high -water level does
not exceed three feet (3').
372
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 Provisions 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 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 feet (50') 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 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
373
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 SHORELAND DEVELOPMENT:
Flexible application of the allowable land uses, minimum lot
area and setback requirements and development regulations of
this chapter may be used within a shoreland district, provided
that the following requirements are satisfactorily met:
A. Conditional Use Permit. Except for the allowances of
section 11- 102- 21.D.2.d of this title, planned shoreland
developments shall require a conditional use permit based
upon procedures set forth and regulated by chapter 4 of
this title.
B. Sewer And Water: Planned shoreland developments shall be
connected to municipal sewer and water.
C. Open Space: Residential planned shoreland developments
shall contain open space meeting all of the following
criteria:
1. At least fifty percent (500) 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.
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 open space areas, including
topography, 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.
374
6. The shore impact zone, based on normal structure
setbacks, shall be included as open space. At least
fifty percent (500) of the shore impact zone area of
existing developments or at least seventy percent
(700) of the shore impact zone area of new
developments must be preserved in its natural or
existing state.
D. Residential Density Evaluation:
1. Procedures And Standards: Proposed new or expansions
to existing planned shoreland developments shall be
evaluated using the following procedures and standards
to determine the suitable area for the dwelling
unit /dwelling site density evaluation in section 11-
102-21.D.2 of this Title.
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 DIMENTIONS
Unsewered
(Feet)
Sewered
(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 level of public waters. This suitable area
and the proposed project are then subjected to
the residential planned shoreland development
density evaluation steps to arrive at an
allowable number of dwelling units or sites.
2. Residential Base Density Evaluation: The procedures
for determining the base density and density increase
multipliers are as follows. Allowable densities may be
375
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 shoreland 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 section 11- 102- 21.D.2.c of this
Title will only be allowed if structure setbacks
from the ordinary high water level are increased
to at least fifty percent (500) 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 percent
(250) greater than the minimum setback.
C. Allowable Dwelling Unit Or Dwelling Site Density
Increases For Residential Planned Shoreland
Developments:
Density Evaluation
Tiers
Within Each Tier (o)
First
50
Second
100
Third
200
Fourth
200
Fifth
200
d. Residential Shoreland Density Reserve.
376
1. The change in classification of that portion of
Lake Marion from recreational development to
natural environment described in section 11-102 -
9.0 of this title results in a net decrease in
potential development density of 209 dwelling
units.
2. Subject to establishment of a PUD district as set
forth by chapter 96 of this title and the
criteria established by this section, the city
may transfer based on policies of the
comprehensive plan at its discretion and without
inference that such transfer is allowed by right
not more than 209 dwelling units from the
Shoreland Overlay District of Lake Marion to
other Recreational Development, Natural
Environment or Tributary Shoreland Overlay
District areas within the city identified in
section 11 -102 -9 of this title.
3. Development of a lot or lots receiving density
transferred from the density reserve shall comply
with all regulations established by this chapter
specifically and the zoning ordinance generally
unless exempted by this section or other
provisions of this title.
4. The transfer of dwelling units from the density
reserve shall be in addition to the density
allowed by the evaluation provided for by section
11- 102 -21.D of this title subject to compliance
with the requirements for density increases in
section 11- 102- 21.D.2.b of this title.
5. The zoning administrator shall maintain a record
of approved dwelling unit transfers from the
density reserve and provide notices to the DNR as
required by Section 11- 102 -27 of this Title.
E. Erosion Control And Storm Water Management: Erosion control
and storm water management plans shall be prepared for all
planned shoreland developments and shall be consistent with
subsection 11- 102 -17G of this chapter.
F. Centralization And Design Of Facilities: Centralization and
design of facilities and structures shall be done according
to the following standards:
377
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 the following dimensional standards for
the relevant shoreland classification. Setback from
the ordinary high water level, 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
screening 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. Level 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 shoreland development conforms to
all applicable federal and state regulations including, but
not limited to, the following:
1. Waste disposal regulations.
378
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
103G.245.
6. Applicable regulations of the Minnesota Environmental
Quality Board.
7. Storm sewer.
I. Alteration Approval: The final planned shoreland
development shall not be modified or altered in any way
without written approval from the Department of Natural
Resources.
J. Central Shoreline Facilities: Planned shoreland
developments 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 floodplain management.
B. Result in incompatible land uses or which would be
detrimental to the protection of surface and ground water
supplies.
379
C. Be not in keeping with land use plans and planning
objectives for the city or which 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
has submitted a shoreland impact plan
forth in this chapter. In granting an
council may attach such conditions as
to ensure compliance with the purpose
chapter.
11- 102 -25: CONDITIONAL USES:
unless the applicant
as required and set
V variance, the
they deem necessary
and intent of this
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 water
body and the topographic, vegetation, and soils conditions
on the site must be made to ensure:
1. The prevention of soil erosion or other possible
pollution of public waters, both during and after
construction.
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- 102 -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
:1
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 any permit, variance, or subdivision approval
under provisions of this chapter shall in no way 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.
Section 119. This ordinance shall be in full force and effect upon its passage
and publication according to law.
ADOPTED by the City Council of the City of Lakeville, Minnesota, this 17th
day of May, 2010.
CIT`
M.
ATTEST. ;
0- harlene Friedges, City Clerk
381
PUBLIC NOTICE
SUMMARY ORDINANCE NO.867
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE
11 OF THE LAKEVILLE CITY
CODE, THE ZONING ORDINANCE,
CONCERNING THE ZONING MAP,
ADMINISTRATION AND GENERAL
PERFORMANCE STANDARDS, AND
ZONING DISTRICT PROVISIONS
This ordinance amends the City's
zoning ordinance concerning the zon-
ing map, administration and general
performance standards, and zoning
district provisions. The zoning map
has been amended rezoning property
and making amendments to zoning
district boundaries. Amendments have
been made to administration and gen-
eral performance standards including:
grading and drainage, lighting, exte-
rior finishes, accessory buildings,
landscaping, signs, fences, wind
energy conversion systems, antennas,
and home occupations. Wording and
substantive changes have been made
to the text of the requirements of the
following zoning districts: A -P, R -A,
RAO, RS -1, RS -2, RS -3, RS -4, RS -CBD,
RSMH, RST -1, RST -2, RM -1, RM -2,
RH-1, RH-2, O -R, C-1, C-2, C-3, C -CBD,
O -P, I -CBD, I-1, I-2, PUD, POS. flood
plain overlay and shoreland overlay
districts.
A printed copy of the entire ordi-
nance is available for inspection by
any person during the City Clerk's
regular office hours.
Approved for publication by the City
Council of the City of Lakeville, Min-
nesota, this 17th day of May, 2010.
CITY OF LAKEVILLE
BY: Holly Dahl, Mayor
ATTEST:
Charlene Friedges, City Clerk
2196682 5/20/10
AFFIDAVIT OF PUBLICATION
STATE OF
COUNTY OI
MINNESOTA
DAKOTA
SS
Tad Johnson, being ly sworn on oath says that he is the managing editor of the
newspaper(s) known as T e Dakota County Tribune, and has full knowledge of the facts
which are stated below:
(A) The newspaper(s; has/have complied with all of the requirements constituting
qualifications as a legal newspaper(s), as provided by Minnesota Statue 331A.02, 331A.07
and other applicable laws, as amended.
(B) The printed lega notice, which is attached was cut from the columns of said
newspaper(s) and was printed and published once a week for one week; it was first published
on Thursday, the 20th day of May, 2010, and was therefore printed and published on every
Thursday to and including Thursday, the 20th day of May, 2010, and printed 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 ty s used in the composition and publication of the notice
Subscribed and sworn to bef
this 20th day of May, 2010
Notary Public
abcdcfgI ijklmnopgrstmt: xtiz
7'7")
/-4?:01(1;2
Managing Editor
e me on
ll., A.,.'"'.l,-„-'. i/AR/ .A/A,, AAS
JANICE ROSE SCOTT
Notary Pu •liCzMlnnesota
My Commission P*prrna JI3ri 31, 2014
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