PENDING ORDINANCES
ORDINANCE NO. 1031
AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1.  Section 4-1-3 of the City Code (Nuisances – Length of Weeds and Grass) is hereby amended to read as follows:
4-1-3: LENGTH OF WEEDS AND GRASS:
A.    Pervasive weeds or grass in excess of eight inches (8") in lengthshall be declared a public nuisance and is prohibited on the following properties:
1.   On any lot with a building.
2.   On any lot, outlot, or parcel less than one (1) acre in area without a building.
B.   The following properties shall be exempt from the limit on the length of grass established by section 4-1-3.A of this title provided the property is maintained to the extent required to prevent growth of noxious weeds:
1.   Undeveloped lots, outlots, and parcels with a contiguous area of more than one (1) acre.
2.    Any privately or publicly owned land encumbered by a stormwater basin, drainageway, wetland, wetland buffer or public water.
3.    Parks, natural areas and other properties owned by the City of Lakeville.
4.   Public rights-of-way maintained by the State, County, or City.
C.    After giving the owner or occupant of a property not in compliance with the length limitation for grass and weeds seven (7) days' advance written notice of the noncompliance, the City may cut, or cause to be cut, the grass and weeds and may assess the cost against the property in accordance with Minnesota Statutes section 429.061.
D.   The Zoning Administrator may provide additional exceptions from the requirements of this section where the physical characteristics and conditions make property maintenance prohibitive or where such actions may result in erosion.
Section 2.  Section 10-2-3.F of the Subdivision Ordinances (Final Plat - Procedures) is hereby amended to read as follows:
F.    Recording Final Plats Of Multiphased Plats:
a.   If a preliminary plat is final platted in stages unless otherwise provided in the development contract, all stages must be final platted into lots and blocks, not outlots, within two (2) years after the preliminary plat has been approved by the city council or the preliminary plat of all phases not so final platted within the two (2) year period shall be void unless an extension is approved in accordance with Section 11-2-3.F.b of this title.
b.   A request for time extension to record a final plat of a multiphased plat shall be submitted in writing to the Zoning Administrator prior to the expiration of the two (2) year period.
(1)    A request for an additional one (1) year extension to record the final plat may be approved by the Zoning Administrator.
(2)    A request for an extension beyond an additional (1) year from the date to record a final plat shall be subject to approval by the city council.
Section 3.  Chapter 2 of the Subdivision Ordinance (Procedures for Filing and Review) is hereby amended to add following provisions with subsequent sections renumbered accordingly:
10-2-3:    COMMON INTEREST COMMUNITIES:  Minnesota Statutes 515B.1-106 makes applicable the requirements and standards of the Subdivision Ordinance, Zoning Ordinance, and City Code to the common interest community form of property ownership subdivision.  A proposed common interest community shall be subject to the following provisions: 
A.   Application.  An application for a common interest community shall be approved or denied within sixty (60) days from the date of its official and complete submission unless a time waiver is granted by the applicant.
B.   Review: A request for common interest community approval, as provided within this title, shall be filed with the Zoning Administrator on an official application form. Unless modified by the Zoning Administrator, such application shall be accompanied by a fee as provided for by city council resolution. Such application shall also be accompanied by detailed written and graphic materials fully explaining the proposed common interest community. The request shall be considered as being officially submitted when all the information requirements are satisfied. In cases where an application is judged to be incomplete, the Zoning Administrator shall notify the applicant, in writing, within ten (10) days of the date of submission.
C.       Zoning Administrator Recommendation:
1.   Five (5) copies shall be submitted to the Zoning Administrator of the following information regarding the common interest community, including:
a.   All information outlined in section 10-3-3 of this title as determined applicable by the Zoning Administrator.
b.   Proposed declaration and bylaws prepared in accordance with Minnesota Statues 515B, as may be amended.
2.    The Zoning Administrator shall examine the common interest community and prepare a recommendation as to approval, disapproval or any delay in decision of the common interest community, which recommendation shall be conveyed to the subdivider prior to review by the city council.
3.    The city council may refer the common interest community plat to the planning commission for review.
D.       Approval Of The City Council:
1.   The common interest community, together with the recommendations of the planning commission (when applicable) and the Zoning Administrator shall be submitted to the city council for approval.
2.    If accepted, the common interest community shall be approved by resolution, providing for the acceptance of all agreements for basic improvements, public dedication and other requirements as indicated by the city council.
3.    If disapproved, the grounds for any refusal to approve a common interest community shall be set forth in the proceedings of the council and reported to the person or persons applying for such approval within ten (10) days of the city council's action.
E.    Special Assessments: When any existing special assessments which have been levied against the property described shall be divided and allocated to the respective units in the proposed common interest community, the city administrator shall estimate the clerical cost of preparing a revised assessment roll, filing the same with the county auditor, and making such division and allocation, and upon approval by the council of such cost, the same shall be paid to the city clerk before the common interest community approval.
F.    Recording: If the common interest community is approved by the city council, the subdivider shall record it with the county recorder within one hundred (100) days after said approval or approval of the common interest community shall be considered void, unless a request for time extension is submitted in writing and approved by the city council.  The subdivider shall, immediately upon recording, furnish the city clerk with evidence of the recording. No building permits shall be let for construction of any structure on any lot in said common interest community plat until the city has received evidence of the common interest community plat being recorded by the county.
G.   Amendments.  Amendments to the declaration of an existing common interest community or further subdivision of units within an existing common interest community shall be subject to review and approval of the city council in accordance with the provisions of this section.
Section 4.  Section 10-4-3.H.1 of the Subdivision Ordinances (Design Standards – Streets and Alleys) is hereby amended to read as follows:
1.    Concrete sidewalks shall be installed along one side of all local streets (not including cul-de-sacs) within residential district plats and along both sides of local streets within commercial and mixed use district plats and along both sides of minor collector streets designated by the city's transportation plan. All sidewalks shall have a minimum width of five feet (5') except sidewalks in commercial and mixed use plats, which shall have a minimum width of eight feet (8').
Section 5.  Section 10-4-3.P of the Subdivision Ordinances (Design Standards – Streets and Alleys) is hereby amended to read as follows:
P.    Street Right Of Way Widths: Unless approved by the city engineer to match existing adjacent right of way, street right of way widths shall conform to the following standards:
 
Function Classification 
Right Of Way Without
Trails/Sidewalks 
Right Of Way With
Trails/Sidewalks 
A-Minor expander 
n/a 
150 feet 
A-Minor collector 
n/a 
150 feet 
A-Minor reliever 
n/a 
100 feet 
B-Minor arterial 
n/a 
120 feet 
Major collector 
80 feet 
100 - 120 feet 
Minor collector 
66 feet 
80 feet 
Local commercial/
industrial 
80 feet 
80 feet
Local residential 
60 feet 
60 feet 
Local mixed use
n/a
50 feet
 
Section 6.  Section 11-2-3 of the Zoning Ordinance (Definitions) is hereby amended to add following definitions:
 
ELECTRIC VEHICLE RELATED:
 
A.   Battery Charging Station:  An electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles.
 
B,   Battery Electric Vehicle (BEV):  Any vehicle that operates exclusively on electrical energy from an off-board source that is stored within the vehicle’s batteries, and produces zero exhaust emissions or pollution when operating.
 
C.   Charging Levels:  The standardized indicators of electrical voltage at which an electric vehicle’s batteries are recharged.  The terms 1, 2, and 3 are the most common electric vehicle charging levels and include:
 
   1.   Level 1 is considered slow charging using 120 volt outlets.
 
2.   Level 2 is considered medium charging using 240 volt outlets with the charging head and cord hard-wired to the circuit.
 
3.   Level 3 is considered rapid charging using Direct Current with greater than 240 voltage.
 
D.   Electric Vehicle (EV):  A vehicle that operates, either partially or exclusively, on electrical energy from the electrical grid or an off-grid source, that is stored  on-board for motive purposes, which includes the following: 
 
   1.   Battery Electric Vehicle.
 
   2.   Plug-in Hybrid Electric Vehicle.
 
E.   Electric Vehicle Charging Station (EVCS):  A public or private parking stall that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy to a battery in an electric vehicle, which are further defined as:
 
   1.   Private:  Privately or public owned with restricted access to the general public.
 
2.   Public:  Publicly owned and accessible to the public or privately owned and accessible to visitors of the use to which the charging station is accessory.
 
F.   Electric Vehicle Supply Equipment:  Any equipment or component used in charging electric vehicles not including equipment integral with the electric vehicle.
 
G.   Electric Vehicle Infrastructure:  Any component, conduit, equipment, machinery, structures, and wiring necessary to support an electric vehicle, including battery charging stations and rapid charging stations.
 
H.   Electric Vehicle Parking Stall:  Any marked parking stall that identifies the use to be exclusively for parking of an electric vehicle. 
 
I.   Electrical Capacity: 
 
1.   Panel capacity to accommodate a dedicated branch circuit and service capacity to install a 208/240v outlet per charger.
 
2.   Conduit from an electrical panel to future electric vehicle charging station location(s).
 
J.   Plug-In Hybrid Electric Vehicle (PHEV):  An electric vehicle that:
 
1.   Contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor.
 
2.   Charges its battery primarily by connecting to an off-board electrical source.
 
3.   May additionally be able to sustain battery charge using an on-board internal combustion driven generator.
 
4.   Has the ability to travel by electric power only.
 
K.   Rapid Charging Station:  An industrial grade electrical outlet that allows for faster charging of electric vehicle batteries through higher power levels.
 
 
Section 7.  Section 11-2-3 of the Zoning Ordinance (Definitions) is hereby amended to revise the following definitions:
 
ANIMAL FEEDLOT: A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Open lots used for feeding and rearing of poultry (poultry ranges), and barns, dairy farms, swine facilities, beef lots and barns, and horse stallsshall be considered to be animal feedlots. Pastures shall not be considered animal feedlots.
 
AUTOMOBILE REPAIR (MINOR): Minor repairs, replacement of parts, fluid changes, and motor services, tire repair, or upholstering to passenger automobiles and trucks, motorcycles, boats, recreational vehicles and other vehicles not exceeding fourteen thousand (14,000) pounds' gross weight, but not including any operation specified under the definition of automobile repair (major).
 
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 (General): An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional, or administrative service operations including attorneys, financial advisors, consultants, insurance, and other uses of similar character.
 
B.   Office (Medical): An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional medical or dental service operations outpatient health services and other uses of similar character.
 
C.    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.
 
D.    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.
 
E.    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.
 
F.    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.
 
G.    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.
 
DWELLING, MULTIPLE-FAMILY (APARTMENT): A building designed with three (3) or more dwelling units exclusively for occupancy by three (3) or more families living independently of each other, but accessing individual units via common entrances, hallways, stairways, or enclosed garages.
 
DWELLING, TOWNHOUSES: Structures housing three (3) or more dwelling units contiguous to each other by the sharing of one or more common walls, floors, or ceilings with each unit having separate entrance/exit via individual exterior doors from individual or shared attached garages, with dwelling units arranged in a row, quad, back-to-back, or stacked arrangement.
 
FITNESS CENTER: A business that provides strength machine and cardiovascular exercise stations within a circuit training program, usually for the benefit of its membership, which may include group classes, hot tubs, saunas, and competitive sports facilities.
 
LOT WIDTH: For lots of record and preliminary platted lots having legal standing on January 1, 1994, "lot width" shall mean the minimum required horizontal distance between the side lot lines measured at right angles to the lot depth, at the front setback line. For cul-de-sac lots or other lots of record created after January 1, 1994 where the front lot line is a curve or irregular line, "lot width" shall mean the minimum required horizontal distance between the side lot lines, measured along a straight line at the midpoint of the front setback line.
 
RESIDENTIAL FACILITY, STATE LICENSED: Any residential care program, defined by Minnesota statutes section 245A.02 and licensed by the State of Minnesota.
 
RESIDENTIAL SHELTER: A facility providing short term housing, food, and protection for individuals for purposes such as chemical dependency treatment, domestic abuse, senior assisted housing with services or memory care, but not including state licensed residential care facilities, community correctional facilities, daycare facilities, hotels, or motels.
 
 
Section 8.  Section 11-3-3 of the Zoning Ordinance (Amendments - Procedure) is hereby amended to add the following provision with subsequent sections renumbered accordingly:
 
N.   All decisions made by the City regarding an amendment shall be final, except that any aggrieved person shall have the right to appeal within thirty (30) days after delivery of the decision to the appellant, to the District Court in Dakota County. Any person seeking judicial review under this ordinance must serve the City and all necessary parties, including any landowners, within the thirty (30) day period defined above.
 
 
Section 9.  Section 11-4-3 of the Zoning Ordinance (Conditional Use Permits - Procedure) is hereby amended to add the following provision with subsequent sections renumbered accordingly:
 
M.   All decisions made by the City regarding a conditional use permit shall be final, except that any aggrieved person shall have the right to appeal within thirty (30) days after delivery of the decision to the appellant, to the District Court in Dakota County. Any person seeking judicial review under this ordinance must serve the City and all necessary parties, including any landowners, within the thirty (30) day period defined above.
 
 
Section 10.  Section 11-4-7.R of the Zoning Ordinance (Conditional Use Permits – General Performance Standards) is hereby repealed in its entirety.
Section 11.  Section 11-6-7.B.2.p of the Zoning Ordinance (Variances – Procedure; Major Variances; reapplication) is hereby repealed.
 
 
Section 12.  Section 11-6-7.B of the Zoning Ordinance (Variances - Procedure) is hereby amended to add the following provisions:
 
3.   All decisions made by the City regarding a variance shall be final, except that any aggrieved person shall have the right to appeal within thirty (30) days after delivery of the decision to the appellant, to the District Court in Dakota County. Any person seeking judicial review under this ordinance must serve the City and all necessary parties, including any landowners, within the thirty (30) day period defined above.
 
4.   Whenever an application for a variance has been considered and denied by the board, a similar application for a variance affecting substantially the same property shall not be considered again by the planning commission or board for at least six (6) months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the planning commission or board for an additional six (6) months from the date of the second denial unless a decision to reconsider such matter is made by a four-fifths (4/5) vote of the full board.
 
 
Section 13.  Section 11-7-9 of the Zoning Ordinance (Appeals - Procedure) is hereby amended to add the following provision:
 
E.   All decisions made by the City regarding an appeal shall be final, except that any aggrieved person shall have the right to appeal within thirty (30) days after delivery of the decision to the appellant, to the District Court in Dakota County. Any person seeking judicial review under this ordinance must serve the City and all necessary parties, including any landowners, within the thirty (30) day period defined above.
 
 
Section 14.  Title 11, Chapter 8 of the Zoning Ordinance (Administrative Permits) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
11-8-7:    LAPSE OF APPROVAL:
 
A.    Unless otherwise specified by the Zoning Administrator, an administrative permit approval shall become null and void one (1) year after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved administrative permit.  The property owner or applicant shall have the right to submit an application for time extension in accordance with this section.
 
B.    In making its determination on whether an applicant has made a good faith attempt to utilize the administrative permit approval, the Zoning Administrator shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.
 
C.    The request for an extension of an administrative permit approval shall be determined by the Zoning Administrator within fifteen (15) days from the receipt of a complete request.
 
 
Section 15.  Section 11-17-15 of the Zoning Ordinance (Efficiency Apartments) is hereby amended to read as follows:
 
11-17-15: EFFICIENCY APARTMENTS:

Except for senior housing, the number of efficiency apartments in multiple-family dwellings shall not exceed thirty percent (30%) of the total number of apartments.
 
 
Section 16.  Section 11-17-7.D.2 of the Zoning Ordinance (Building Height – exemptions) is hereby amended to read as follows:
 
2.    Church spires and crosses or other symbols as an element of the principal building.
 
 
Section 17.  Section 11-17-9.C of the Zoning Ordinance (Building Type and Construction – Residential Uses) is hereby amended to read as follows:
 
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, RM-2, RM-3, RH-1 and RH-2 Districts shall be as set forth by the respective zoning districts.
 
3.   Required use of exterior building materials for buildings within the M-1 and M-2 Districts shall be as provided for by Section 11-17-9.D.1 of this Title.
 
 
Section 18.  Section 11-17-9.F.8.a of the Zoning Ordinance (Building Type and Construction – Accessory Structures) is hereby amended to read as follows:
 
a.    Except in the A-P and RA Zoning Districts, all accessory buildings in excess of two hundred (200) 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.
 
 
Section 19.  Section 11-17-13.D of the Zoning Ordinance (Building Type and Construction – Minimum Floor Area Per Dwelling Unit) is hereby amended read as follows:
 
D.    Detached Townhouse, Two-Family And Townhouses: Except as otherwise specified in the zoning district provisions, or except as allowed by conditional use permit based upon justifiable cause, two-family and townhouses, as classified below, shall have the minimum floor area per unit:
   
 
Detached townhouse
and two-family 
650 square feet first floor above grade, plus 100 additional square feet for each bedroom 
Townhouses 
600 square feet first floor above grade, plus 100 additional square feet for each bedroom 
 
 
Section 20.  Section 11-18-7.A.2 of the Zoning Ordinance (Accessory Uses – Single Family Attached and Detached Accessory Uses) is hereby amended read as follows:
 
2.    One (1) play equipment structure, open-sided structure, gazebo enclosed only by screening or clear windows, or greenhouse only with glass, plexi-glass or similar walls and roof having a footprint less than two hundred (200) square feet shall be allowed in addition to the number of accessory buildings allowed by subsection A1 of this section.
 
 
Section 21.  Section 11-18-7.D.2.a of the Zoning Ordinance (Accessory Uses – Single Family Attached and Detached Accessory Uses) is hereby amended read as follows:
 
a.    Minimum floor area of an attached garage:
 
(1)    For dwellings with basements: Four hundred eighty (480) square feet.
 
(2)    For dwellings without basements: Five hundred forty (540) square feet.
 
 
Section 22.  Section 11-18-7.D.3 of the Zoning Ordinance (Accessory Uses – Single Family Attached and Detached Accessory Uses) is hereby amended read as follows:
 
3.    Allowed Floor area:
 
a.   The maximum floor area of an attached garage shall be one thousand (1,000) square feet except allowed by Section 11-18-7.D.3.b of this title.
 
b.   An attached garage for a single-family dwelling with an above grade finished floor area of more than two thousand (2,000) square feet within the RS-1, RS-2, and RS-3 Districts:
 
(1)   The maximum floor area shall be one thousand two hundred fifty (1,250) square feet.
 
(2)   For lots greater than one (1) acre in area the maximum floor area may be greater than 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.
 
c.   The area of the attached garage shall comply with the limitations specified in Section 11-18-9.D of this Title.
 
d.   Storage spaces located directly below attached garages shall not be considered in determining allowable accessory building floor area.
 
 
Section 23.  Section 11-18-9.D of the Zoning Ordinance (Accessory Uses – Area Limitations) is hereby amended to read as follows:
 
D.   Except for agricultural buildings on farms 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:
                                                                   
 
Zoning District 
Use 
Percentage Of
Minimum Lot Area That
May Be Occupied By
The Accessory Building 
Maximum
Combined Allowable
Floor Area Per Unit
(Square Feet) 
A-P 
All uses 
Not applicable 
Not applicable 
RA 
Single-family 
2 percent 
8,712 
RS-1 
Single-family 
10 percent 
2,000 
RS-2 
Single-family 
10 percent 
1,500 
RS-3 
Single-family 
10 percent 
1,500
RS-4 
Single-family 
10 percent 
1,100 (interior lot)
1,250 (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, and RM-2, and RM-3 
Single-family 
10 percent 
1,100 (interior lot)
1,250 (corner lot) 
Two-family 
10 percent 
750 
Townhouse 
10 percent 
750 
RH-1 and RH-2 
Single-family 
10 percent 
1,100 (interior lot)
1,250 (corner lot) 
Two-family 
10 percent 
750 
Townhouse 
10 percent 
750 

Section 24.  Section 11-18-9.E of the Zoning Ordinance (Accessory Uses – Exterior Building Material) is hereby amended to read as follows:
 
E.    Exterior Building Material: The exterior building materials as allowed by section 11-17-9.C of this title shall be used for all accessory buildings, except as may be allowed by conditional use permit for structures accessory to public and quasi-public uses.
 
 
Section 25.  Section 11-18-11.E of the Zoning Ordinance (Waste and Recycling Storage and Containers) is hereby amended to add the following provisions:
 
4.   Temporary bulk refuse receptacles: 
 
a.   Temporary use of a container sixty (60) gallons in volume or larger shall be allowed for a period of not more than thirty (30) days within a twelve (12) month period unless extended by Zoning Administrator for properties with open building permits for the duration of construction only.
 
b.   Temporary refuse containers shall be located in the front yard upon an improved driveway, setback a minimum of ten (10) feet from the back of curb or edge of pavement without obstructing a public sidewalk or trail, or shall be located within a side or rear yard subject to principal building setbacks. 
 
 
Section 26.  Section 11-18-15 of the Zoning Ordinance (Community Gardens) is hereby amended to read as follows:
 
11-18-15: COMMUNITY GARDENS:

Community gardens shall be allowed as a permitted accessory use for institutional uses within residential districts, and within the M-1, M-2, C-2, C-3, C-CBD, O-P, I-1, I-2, P-OS and I-CBD districts subject to the following provisions:
 
A.       The community garden shall be located within an interior side or rear yard.
 
B.    The community garden shall comply with the setback requirements for accessory buildings and shall not encroach into any drainage and utility easement.
 
C.       Any fence shall comply with the requirements of section 11-21-5 of this title.
 
D.    Access to the community garden shall be internal to the lot utilizing driveways and off street parking areas that comply with the requirements of chapter 19 of this title.
 
E.    One detached accessory building not to exceed two hundred (200) square feet shall be allowed for storage related to the community garden.
 
F.       There shall be no sales of produce related to the community garden upon the lot.
 
 
Section 27.  Section 11-19-7.D.2 of the Zoning Ordinance (Off-Street Parking Requirements – Change of Use or Occupancy of Buildings) is hereby amended to read as follows:
 
2.    Except in the C-CBD district, if the existing number of parking spaces provided for a multiple tenant mixed use, commercial, or industrial building does not conform to the required number of parking spaces, when a tenant vacates the building, the parking required by a new tenant occupying the vacated space may not exceed the parking required of the tenant being replaced. Required spaces of the existing and new tenant shall be determined in accordance with this title without reference to the fact that the use is in a multiple tenant building.
 
 
Section 28.  Section 11-19-7.F.3 of the Zoning Ordinance (Off-Street Parking Requirements – Restrictions on Parking) is hereby amended to read as follows:
 
3.   Residential uses:
 
a.   Off street parking facilities accessory to a residential use shall be utilized solely for the parking of licensed and operable passenger automobiles, vans, and trucks as follows:
 
(1)   Vehicles rated Class 3 having a gross vehicle weight of fourteen thousand (14,000) pounds or less;
 
(2)   Not more than one (1) Class 5 vehicle having a gross vehicle weight fourteen thousand (14,000) pounds or less.
 
b.    Off-street parking and storage of recreational vehicles and equipment shall be as allowed in accordance with section 11-22-5.A.2 of this title.
 
 
Section 29.  Section 11-19-7.I of the Zoning Ordinance (Off-Street Parking Requirements – General Provisions) is hereby amended to read as follows:
 
1.    Design Standards: Except as otherwise provided for herein, all off street parking facilities shall conform to the following design standards:
                                                                                                                                                         
 
PARKING LOT DIMENSIONS TABLE1
Angle Of
Parking 
Stall Width 
Curb Length
Per Car 
Stall Depth 
Aisle Width 
0° 
9 '0" 
23 '0" 
9 '0" 
12 '0" 
9 '6" 
23 '0" 
9 '6" 
12 '0" 
10 '0" 
23 '0" 
10 '0" 
12 '0" 
20° 
9 '0" 
26 '4" 
15 '0" 
11 '0" 
9 '6" 
27 '10" 
15 '6" 
11 '0" 
10 '0" 
29 '3" 
15 '11" 
11 '0" 
30° 
9 '0" 
18 '0" 
17 '4" 
11 '0" 
9 '6" 
19 '0" 
17 '10" 
11 '0" 
10 '0" 
20 '0" 
18 '3" 
11 '0" 
40° 
9 '0" 
14 '0" 
19 '2" 
12 '0" 
9 '6" 
14 '10" 
19 '6" 
12 '0" 
10 '0" 
15 '8" 
19 '11" 
12 '0" 
45° 
9 '0" 
12 '9" 
19 '10" 
13 '0" 
9 '6" 
13 '5" 
20 '2" 
13 '0" 
10 '0" 
14 '2" 
20 '6" 
13 '0" 
50° 
9 '0" 
11 '9" 
20 '5" 
12 '0" 
9 '6" 
12 '5" 
20 '9" 
12 '0" 
10 '0" 
13 '2" 
21 '0" 
12 '0" 
60° 
9 '0" 
10 '5" 
21 '0" 
18 '0" 
9 '6" 
11 '0" 
21 '3" 
18 '0" 
10 '0" 
11 '6" 
21 '6" 
18 '0" 
70° 
9 '0" 
9 '8" 
21 '0" 
19 '0" 
9 '6" 
10 '2" 
21 '3" 
18 '6" 
10 '0" 
10 '8" 
21 '3" 
18 '0" 
80° 
9 '0" 
9 '2" 
20 '4" 
24 '0" 
9 '6" 
9 '8" 
20 '5" 
24 '0" 
10 '0" 
10 '3" 
20 '6" 
24 '0" 
90° 
9 '0" 
9 '0" 
20 '0" 
24 '0" 
9 '6" 
9 '6" 
20 '0" 
24 '0" 
10 '0" 
10 '0" 
20 '0" 
24 '0" 
1.  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 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
(Feet) 
From private drives 
All districts 
15.0 
Front yard and side yard abutting a street setback of parking and drive to lot line
RS and RST districts 
15.0 
RM districts
15.0 
RH districts
15.0 
M-1 District
15.0
M-2 district
10.0
C-CBD district 
5.0 
All other commercial districts 
15.0 
Industrial districts 
15.0 
P/OS district
15.0
Interior side and rear yard setback of parking to lot line
All residential districts 
5.0 
Mixed use districts
5.0
Commercial districts 
5.0 
Industrial districts 
5.0 
P/OS district
5.0
1. Joint or combined parking facilities on separate lots as authorized and when constructed adjacent to a common lot line separating two (2) or more parking areas are not required to observe the parking area setback from such common lot line. For commercial and industrial uses, side and rear yard setbacks shall be increased to front yard setback requirements when such side or rear yard abuts an R district.
 
 
Section 30.  Section 11-19-7 of the Zoning Ordinance (Off-Street Parking Requirements – General Provisions) is hereby amended to add the following provisions:
 
K.   Bicycles.  Provisions shall be made for the off street parking of bicycles in all multiple-family and nonresidential developments and uses. Plans for such facilities shall be reviewed and evaluated on an individual project or use basis as part of site plan review provisions of chapter 9 of this title.
 
 
Section 31.  Section 11-19-11 of the Zoning Ordinance (Off-Street Parking Requirements – Location) is hereby amended to read as follows:
 
11-19-11:    LOCATION:   All accessory off street parking facilities required by this chapter shall be located and restricted follows:
 
A.    Lot And Ownership: Required off street parking shall be on the same lot under the same ownership as the principal use being served, except under the provisions of sections 11-19-17 and 11-19-19 of this chapter.
 
B.    Direct Access: Except for single-family, two-family, and townhouse dwellings, head in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited.
 
C.   Boulevard: The boulevard portion of the street right-of-way shall not be used for parking nor parking calculation.
 
D.   Prohibited in Yard: Required accessory off street parking in the A-P, RA, RS-1, RS-2, RS-3, RS-4, RS-CBD, RST-1, RST-2, and M-2 Districts shall not be located in required front yards or in required side yards adjacent to a public right-of-way in the case of a corner lot.
 
E.   Prohibited Except on Driveway: In the case of single-family, two-family, and townhouse dwellings parking shall be prohibited in any portion of the front, side, or rear yard except on designated driveways surfaced with bituminous material, concrete, or paver bricks leading directly into a garage or one open, surfaced space not exceeding twelve feet (12') in width located on the side of a driveway or on the side of a garage, away from the principal use.
 
 
Section 32.  Section 11-19-13 of the Zoning Ordinance (Off-Street Parking Requirements – Number of Stalls Required) is hereby amended to revise the following table rows:
 
 
 
Multiple-familydwellings
2.5 spaces per unit except that the number of stalls required for uses with a mean of 2.0 bedrooms per dwelling unit or less shall be reduced to 2.0 stalls per dwelling unit.
Senior housing with services, senior independent living units
1 stall per dwelling unit, or; 1 stall per 2 dwelling units plus 1 stall per employee on a maximum shift when units are within a continuing care retirement community facility.
Detached townhouse, two family, and townhouse units
2 spaces per unit.
 
 
 
Community center, libraries 
10 spaces plus 1 space per 300 square feet over 2,000 square feet of floor area for the principal structure. 
 
 
 
School, elementary and middle
1 space per 7 students based upon building design. 
 
         
 
Car wash 
Drive through: 10 spaces. 
Self-service: 1 space per wash bay. 
Motor fuel stations: None in addition to that required for the principal use. 
 
 
 
Office, general and medical
1 space for each 200 square feet of floor area. 
 
 
 
Reductions in required stalls
The number of stalls required by this section for a specific use may be reduced based on a parking demand study prepared by a qualified professional subject to approval of a conditional use permit.
 
 
Section 33.  Section 11-19-13 of the Zoning Ordinance (Off-Street Parking Requirements – Number of Stalls Required) is hereby amended to repleal the following table rows:
 
 
 
Banks (remote) 
1 space per 350 square feet of floor area. 
 
 
 
Catering business/commercial kitchen 
1 stall per 200 square feet or 1 stall for each employee on the maximum shift, whichever is greater; plus 1 stall for each business vehicle parked on site. 
 
 
 
Medical office or clinics 
1 space for each 200 square feet of floor area. 
 
 
 
Shopping center 
5.5 spaces per 1,000 square feet of gross leasable floor area. The total required spaces may be reduced by up to 15 percent based upon approval of an administrative permit by the Zoning Administrator. 
 
 
 
Undertaking 
20 spaces per chapel or parlor, plus 1 space for each company vehicle maintained on site. Adequate stacking space shall also be provided for staging funeral processions. 
 
 
Section 34.  Section 11-19-15 of the Zoning Ordinance (Off-Street Parking Requirements – Off-Street Bicycle Parking) is hereby amended to read as follows:
 
11-19-15:    ELECTRIC VEHICLE PARKING:     
 
A.   Purpose.  The purpose of this section is to encourage and facilitate use of electric vehicles, expedite establishment of convenient, cost-effective electric vehicle infrastructure, and establish minimum requirements for such infrastructure to serve both short term and long term parking needs.
 
B.      Allowed Use:
 
1.   Public or private access Level 1 and level 2 electric vehicle charging stations shall be allowed in all zoning districts established by Chapter 45 of this title as incidental to permitted accessory off-street parking areas.
 
2.   Public or private access to level 3 electric vehicle charging stations shall be allowed only for permitted accessory off-street parking for commercial, industrial, and institutional uses.
 
C.   Public EVCS Provisions:
 
1.   Electric vehicle charging stations shall be located so as to be visible to the public for information and security purposes.
 
2.   Electric vehicle charging stations shall be located in desirable and convenient parking locations that will serve as an incentive for the use of electric vehicles.
 
3.   Electric vehicle charging stations shall be operational during the normal business hours of the use(s) that it is accessory to, but may be de-energized or made inoperable after normal business hours. 
 
4.   Electric Vehicle Charging Station Design Standards:
 
a.   Battery charging station outlets and connector devices shall be mounted to comply with applicable building codes and relevant Americans with Disabilities Act (ADA) requirements.
 
b.   Electric vehicle supply equipment shall be located adjacent to designated parking stalls without encroaching into the required dimensions of the parking stall. 
 
c.   Electric vehicle supply equipment shall not impede pedestrian travel or create trip hazards on sidewalks.
 
d.   Battery charging stations shall be elevated six inches (6") above the traveled surface of the site.
 
e.   Battery charging station setbacks:
 
   (1)   From rights-of-way:   30 feet
 
   (2)   Side or rear lot lines:   10 feet
 
      5.   Operation:
 
a.   Battery charging stations shall be maintained in all respects, including operation of the equipment.  A phone number or other contact information shall be displayed on the face of the battery charging station for reporting problems with the equipment or access to it.
 
b.   The owner may collect usage fees for access to the battery charging station.
 
D.   Provision of electric vehicle parking stalls shall not be required within the number of stalls required by section 11-19-13 of this title.
 
 
Section 35.  Title 11, Chapter 20 of the Zoning Ordinance (Off-Street Loading) is hereby amended to read as follows:
 
Chapter 20
OFF STREET LOADING
 
11-20-1:    PURPOSE:
11-20-3:    OFF STREET LOADING REQUIRED:
11-20-5:    LOCATION:
11-20-7:    CONSTRUCTION STANDARDS:
11-20-9:    SCREENING:
11-20-11:    ACCESSORY USE, PARKING AND STORAGE:
 
11-20-1:     PURPOSE:  The regulation of loading spaces in this title is to alleviate or prevent congestion of the public right of way and to promote the safety and general welfare of the public by establishing minimum requirements for off street loading and unloading from motor vehicles in accordance with the utilization of various parcels of land or structures.
11-20-3:    OFF STREET LOADING REQUIRED:  Any structure erected or substantially altered for a use which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, shall provide off street loading area as required for a new structure.
 
11-20-5:    LOCATION:
 
A.    All required loading areas shall be off street and located on the same lot as the building or use to be served.
 
B.   It must be demonstrated that semitrailer truck deliveries will not occur at the site or all deliveries will occur at such a time as to not conflict with customer or employee access to the building and parking demand.
 
C.   All maneuvering for off street loading shall be accomplished on private property and the area required for maneuvering shall not use any of that portion of the site containing parking stalls or customer service areas.
 
D.   Access to loading areas from public streets shall comply with standards established by Section 11-19-7.I.6 of this title.
 
E.    Loading areas shall not occupy the required front yard setbacks in residential districts and the front yards in commercial and industrial districts, except as provided herein.
 
F.    Loading areas located at the front or side of buildings on a corner lot shall be reviewed and approved in the following manner:
 
1.    Industrial Zoning Districts: Within the I-CBD, I-1, and I-2 zoning districts, loading areas located at the front of a building or side of a building located on a corner may be allowed by administrative permit subject to the following conditions:
 
a.    Loading areas shall not conflict with pedestrian movement.
 
b.    Loading areas shall not obstruct the view of the public right of way from off street parking access.
 
c.    Loading areas shall comply with all other requirements of this chapter.
 
d.    Loading areas and associated staging areas shall be screened from the abutting public rights of way. Said screening shall consist of either a screening fence or a greenbelt planting strip as provided for by section 11-21-9 of this title.
 
2.    Commercial And Public Zoning Districts: Within the M-1, M-2, O-R, C-1, C-2, C-3, C-CBD, O-P, and P-OS zoning districts, loading areas shall be located in side or rear yards away from public rights of way. Where physical conditions unique to the site warrant, loading areas may be located at the front or side of a building located on a corner lot by conditional use permit subject to the following conditions:
 
a.    Loading areas shall not conflict with pedestrian movement.
 
b.    Loading areas shall not obstruct the view of the public right of way from off street parking access.
 
c.    Loading areas shall comply with all other requirements of this chapter.
 
d.    Loading areas and associated staging areas shall be screened from the abutting public rights of way. Said screening shall consist of either a screening fence or a greenbelt planting strip as provided for by section 11-21-9 of this title.
 
G.   Setbacks:
 
   1.   Minimum setback required from property lines:
 
                           
 
Dimension 
Land Use 
Setback
(Feet) 
From private drives 
All districts 
15.0 
Front yard and side yard abutting a street setback of parking and drive to lot line
RS and RST districts 
15.0 
RM districts - guest parking for townhouse uses 
15.0 
RM districts - all other required parking 
15.0 
RH districts - guest parking for townhouse uses 
15.0 
RH districts - all other required parking 
15.0 
C-CBD district 
5.0 
All other commercial and mixed use districts 
15.0 
Industrial districts 
15.0 
Interior side and rear yard setback of parking to lot line
All residential districts 
5.0 
Commercial districts 
5.0 
Industrial districts 
5.0 
 
2.   Joint or combined parking facilities on separate lots as authorized and when constructed adjacent to a common lot line separating 2 or more parking areas are not required to observe the parking area setback from such common lot line. For commercial and industrial uses, side and rear yard setbacks shall be increased to front yard setback requirements when such side or rear yard abuts an R district.
 
3.   Except for uses allowed within residential districts, or unless located within a structure, loading areas established after August 1, 2000, shall be prohibited within one hundred feet (100') of residentially zoned or guided property unless completely screened by an intervening building. Loading areas not screened by an intervening building shall be screened from adjacent residentially zoned or guided property by the use of berms, fences, or walls to provide one hundred percent (100%) opacity to a height of at least ten feet (10').
 
11-20-7:   CONSTRUCTION STANDARDS:
 
A.   All loading areas shall be surfaced with asphalt or concrete.
 
B.   Except as may be required or exempted by the city engineer, loading areas 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.
 
C.   A continuous six inch (6") high back concrete perimeter curb barrier shall be provided at the perimeter of the loading area.
 
D.    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.
 
11-20-9:    SCREENING:  Except in the case of multiple-family dwellings or commercial uses with loading areas shared with off-street parking and drive aisles, all loading areas shall be screened and landscaped from abutting and surrounding residential uses and districts and public rights of way in compliance with chapter 21 of this title.
 
11-20-11:    ACCESSORY USE, PARKING AND STORAGE:  Any space allocated as a required loading area or access drive so as to comply with the terms of this title shall not be used for the storage of goods, inoperable vehicles, or snow and shall not be included as part of the space requirements to meet the off street parking area.
 
 
Section 36.  Section 11-21-5.A of the Zoning Ordinance (Fences – Approval Required) is hereby amended to read as follows:
 
A.    Approval Required: 
 
1.   Approval by the Zoning Administrator in accordance with section 11-8-5 of this title is required for construction of any fence less than seven feet (7') in height within a front yard, within a yard subject to the buffer yard requirements of subsection 11-21-9E of this chapter, or for a property line fence.
 
2.   A building permit is required for construction of any fence seven feet (7') in height or greater.
 
3.   The approvals required under this subsection shall not apply to fences to be constructed on a farm when used for agricultural purposes as defined by this title.
 
 
Section 37.  Section 11-21-5.B of the Zoning Ordinance (Fences – Property Line Fences) is hereby amended to read as follows:
 
B.    Location: Fences constructed at the limits of a property shall comply with the following provisions:
 
1.    Fences, including footings, shall be located entirely upon the private property for which the administrative approval or building permit has been issued.
 
2.    The owner of the property on which a fence exists or is proposed to be constructed is responsible for verifying their property lines by:
 
a.    Locating their property irons; or
 
b.    If the property lines cannot be located:
 
(1)    The Zoning Administrator or the building official may require the owner of property upon which a fence now exists, or may require any property owner proposing to construct a fence to establish the boundary lines of the property by a survey thereof to be made by a registered land surveyor; or
 
(2)    The owner of property upon which a fence now exists, or the property owner on which the fence is to be constructed and the owner(s) of the adjoining properties enter into an agreement regarding the location of the fence to be recorded with the titles of the respective properties, subject to approval of an administrative permit.
 
3.    No fences shall be placed on or extend into public rights of way or onto public property.
 
4.    Fences in easements shall not impede the flow of water. If the city needs to utilize the easement, the fence will be removed and relocated at the expense of the property owner.
 
 
Section 38.  Section 11-21-5.H.1.b(3)(C) of the Zoning Ordinance (Fences – Commercial and Industrial Districts) is hereby amended to read as follows:
 
(C)    Gates across driveways:
 
1.   Gates accessing the site shall be set back a sufficient distance so as not to cause congestion in the public street.
 
2.   A lockbox issued by the Fire Department for emergency access shall be provided. 
 
 
Section 39.  Section 11-21-9.A.1 of the Zoning Ordinance (Required Screening and Landscaping) is hereby amended to read as follows:
 
1.    A greenbelt planting strip shall consist of evergreen trees and/or deciduous trees and shrubs 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.
 
 
Section 40.  Section 11-21-9.A.3 of the Zoning Ordinance (Required Screening and Landscaping) is hereby amended to read as follows:
 
3.    Existing landscape material in good health and 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.
 
 
Section 41.  Section 11-21-9.C.1of the Zoning Ordinance (Required Screening and Landscaping) is hereby amended to read as follows:
 
1.    Minimum Size: All plants must at least equal the following minimum size in conformance with American Nursery Association standards measured from the top of the ball or container to the top of the tree/shrub or bottom of the evergreen leader as shown below:
 
                             
 
Balled And
Burlapped/Container 
Shade trees 
21/2 inch diameter 
Ornamental trees (flowering crabs, hawthorn serviceberry, etc.) 
2 inch diameter single stem or 6 - 7 foot, clump form 
Coniferous evergreen trees 
8 feet 
Tall growing shrubs and hedge material (evergreen or deciduous) 
24 - 36 inch
Low growing shrubs: 
Deciduous 
18 - 24 inch 
Coniferous evergreen 
18 - 24 inch 
Spreading coniferous evergreen 
18 - 24 inch spread 
 
Section 42.  Section 11-21-9.C.2 of the Zoning Ordinance (Required Screening and Landscaping) is hereby amended to read as follows:
 
2.    Spacing of Required Plantings:
 
a.    Tree centers shall not be located closer than ten feet (10’) from the fence line or property line and shrub centers shall not be less than five feet (5’) from the fence or property line.  Trees and shrubs 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 to comply with the minimum width of a required greenbelt, 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 so that their branches are touching at the narrowest projected mature canopy width.
 
d.    Where massing of plants or screening is intended, large deciduous shrubs shall be planted so that their branches are touching at the narrowest projected mature width.
 
e.   Trees shall be planted outside of drainage and utility easements unless approved by the Zoning Administrator.
 
f.   The mature coniferous tree, ornamental tree, and shrub canopy shall remain within the lot without encroaching into another lot or public right-of-way with the required minimum setback to be determined by the Zoning Administrator based on the species of tree or shrub.
 
 
Section 43.  Section 11-21-9.C.3 of the Zoning Ordinance (Required Screening and Landscaping) is hereby amended to read as follows:
 
3.    Acceptable Tree Species.  Trees suitable for complying with this section shall be limited to those identified on the City of Lakeville Building Permit Guidelines, except as otherwise approved by the Zoning Administrator.
 
 
Section 44.  Section 11-21-9.C.4.f of the Zoning Ordinance (Required Screening and Landscaping) is hereby amended to read as follows:
 
f.    Trees and shrubs shall not be planted in the right of way except for developments within the RM-3, M-2, and planned unit development districts incorporating requirements for landscape maintenance agreements or designated streets as determined by the city council.
 
 
Section 45.  Section 11-21-9.C.4.g of the Zoning Ordinance (Required Screening and Landscaping) is hereby amended to read as follows:
 
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 or condition shall be treated or replaced in accordance with the approved landscape plan as determined by the Zoning Administrator.  Any species substitutions for replacement trees or shrubs shall be subject to approval by the Zoning Administrator and must be demarcated on the final approved landscape plan submitted to the Planning Department.
 
 
Section 46.  Section 11-21-9.C.6 of the Zoning Ordinance (Required Screening and Landscaping) is hereby amended to read as follows:
 
6.    Landscape Guarantee:
 
a.   All new plants shall be guaranteed for twelve (12) months from the time planting has been completed.
 
b.   All plants shall be alive, in good health, of good quality and structural condition, and insect and disease free at the end of the warranty period or be replaced.
 
c.   Any replacements shall be warranted for an additional twelve (12) months from the time of planting.
 
 
Section 47.  Section 11-21-9.D. of the Zoning Ordinance (Required Screening and Landscaping) is hereby amended to read as follows:
 
D.   Off Street Parking Areas.  All off street parking areas with five (5) or more parking spaces or any parking area within twenty feet (20') of a residential zoning district shall be screened from view as follows:
 
1.    Installation of shade, ornamental and/or evergreen trees at the perimeter of the parking area in accordance with the spacing requirements of subsections A and C of this section.
 
2.    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 inches (36") 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.
 
3.   Landscaping shall be set back two feet (2') from parking stalls to allow parking of vehicles without extending over the landscaped area.
 
 
Section 48.  Section 11-21-9.E.5.d of the Zoning Ordinance (Required Screening and Landscaping) is hereby amended to read as follows:
 
d.    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 or condition shall be treated or replaced in accordance with the approved landscape plan as determined by the Zoning Administrator.  Any species substitutions for replacement trees or shrubs shall be subject to approval by the Zoning Administrator and must be demarcated on the final approved landscape plan submitted to the Planning Department.
 
 
Section 49.  Section 11-21-9.E.6.b of the Zoning Ordinance (Required Screening and Landscaping) is hereby amended to read as follows:
 
b.    Plantings: All designated buffer yards must be seeded or sodded except in areas of steep slopes where natural vegetation is acceptable as approved by the Zoning Administrator. All plantings within designated buffer yards shall adhere to the following:
 
(1)    Tree centers shall not be located closer than ten feet (10’) from the fence line or property line and shrub centers shall not be less than five feet (5’) from the fence or property line.  Trees and shrubs shall not be planted to conflict with public plantings, sidewalks, trails, fences, parking areas, and driveways based on the judgment of the Zoning Administrator.
 
(2)    Landscape screen plant material shall be in two (2) or more rows. Plantings shall be staggered in rows unless otherwise approved by the Zoning Administrator.
 
(3)    Shrubs shall be arranged to lessen the visual gaps between trees. Along arterial streets, all plantings of deciduous trees shall be supplemented with shrubs such that the buffer yard contains a continuous band of plants.
 
(4)    Deciduous shrubs shall be planted so that their branches are touching at the narrowest projected mature width.
 
(5)   Deciduous trees intended for screening shall be planted not more than forty feet (40') apart. Evergreen trees intended for screening shall be planted so that their branches are touching at the narrowest projected mature canopy width.
 
(6)   The mature coniferous tree, ornamental tree, and shrub canopy not encroach into the public right-of-way with the required minimum setback to be determined by the Zoning Administrator based on the species of tree or shrub.
 
 
Section 50.  Section 11-21-9.E.1.b of the Zoning Ordinance (Required Screening and Landscaping – Residential Buffer Yards) is hereby amended to read as follows:
 
b.    For corner lots where the side yard abuts the major collector or arterial street, the following standards shall apply:
             
 
RS-1 
RS-2 
RS-3 
RS-4 
RST-1 
RST-2 
Lot width 
130' 
130' 
110' 
95' 
95’ 
95' 
 
 
Section 51.  Section 11-21-9.E.2 of the Zoning Ordinance (Required Screening and Landscaping – Residential Buffer Yards; Easement) is hereby repealed.
 
 
Section 52.  Section 11-22-5.A.4 of the Zoning Ordinance (Outdoor Storage – Accessory Use) is hereby amended to read as follows:
 
4.    Recreational equipment or furniture used and constructed explicitly for outdoor use.
Section 53.  Section 11-23-7.F of the Zoning Ordinance (Signs – Permit Not Required) is hereby amended to read as follows:
 
F.    One sign shall be allowed per street frontage when a building or parcel not subject to Section 11-23-15.X.2 of this tile is offered for sale or lease, provided that:
 
1.    Within the R (residential) districts, no sign shall exceed twelve (12) square feet in area and six feet (6') in height for single-family, two-family, and townhouse units; or thirty two (32) square feet in area or eight feet (8') in height for multi-family or institutional uses.
 
2.    Within all other zoning districts and in those cases where a parcel of land exceeds ten (10) acres, regardless of its zoning, no sign shall exceed sixty four (64) square feet in area or ten feet (10') in height.
 
 
Section 54.  Section 11-23-19.B.1.a(3) of the Zoning Ordinance (Signs – District Regulations) is hereby amended to read as follows:
 
(3)   Monument Type; Height: The sign shall be a monument type with a maximum height not to exceed ten feet (10').
 
 
Section 55.  Section 11-23-19.D of the Zoning Ordinance (Signs – District Regulations) is hereby amended to read as follows:
 
D.    Within the M-1, M-2, C-2, and C-3, and C-CBD Zoning Districts the following additional regulations shall apply:
 
1.    Total Area And Number Of Signs:
 
a.    Freestanding Sign: One (1) sign is allowed per lot within the M-1, C-2, and C-3 Districts. 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 (1) wall, canopy, or marquee sign shall be permitted on one elevation or in the case of a corner lot or through lot where wall signs may be installed on two (2) elevations, except no sign shall be installed on an elevation facing an interior side or rear yard abutting a residential district, or as may be allowed by subsections D1b(3) and D1b(4) of this section.
 
(2)    The area of individual signs shall not exceed one hundred (100) square feet, except as may be allowed by subsection D1b(3) of this section.
 
(3)    Single occupancy building or individual tenant space with a gross floor area of forty five thousand (45,000) square feet or more:
 
(A)    Sign Area:
 
(i)    The area of one (1) individual sign shall not exceed four hundred forty (440) square feet.
 
(ii)    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 D1b(1) of this section, the area of the second individual sign shall not exceed two hundred (200) square feet.
 
(B)    Secondary Signs:
 
(i)    Additional secondary wall signs shall be allowed on one (1) elevation of the principal building other than an elevation facing an interior side or rear yard abutting a residential district.
 
(ii)    The total area of all secondary wall signs shall not exceed one hundred forty four (144) square feet and the area of any one (1) secondary wall sign shall not exceed seventy two (72) square feet.
 
(4)    One (1) additional wall sign not exceeding one hundred (100) square feet shall be allowed within the M-2 and C-CBD District to be displayed on a side or rear wall of a building, which may or may not front a public street.
 
2.    Freeway Corridor Area: Signs for uses within the freeway corridor area shall be subject to the regulations of subsection F of this section.
 
 
Section 56.  Section 11-23-19.E.1.b of the Zoning Ordinance (Signs – District Provisions) is hereby amended to read as follows:
 
b.    Wall, Canopy, Or Marquee Sign:
 
(1)   For single occupancy buildings, not more than one (1) wall, canopy, or marquee sign shall be permitted on one (1) elevation or in the case of a corner lot or through lot where wall signs may be installed on two (2) elevations, except no sign shall be installed on an elevation facing an interior side or rear yard abutting a residential district.
 
(2)   The area of individual signs shall not exceed one hundred (100) square feet, except as allowed by subsection E.1.b(3) of this section.
 
(3)   The area of individual signs shall not exceed two hundred (200) square feet for single occupancy building or an individual tenant space with a gross floor area of forty five thousand (45,000) square feet or more.
 
 
Section 57.  Section 11-29-5.C.1 of the Zoning Ordinance (Alternative Energy Systems – Solar Energy Systems) is hereby amended to add the following provisions:
 
c.   Use of solar panels as a canopy or affixed to a canopy above off-street parking stalls for multiple family, commercial, industrial, and institutional uses shall be permitted in addition to accessory structures allowed by chapter 18 of this title, subject to the following provisions:
 
(1)    The edge of the canopy shall be thirty feet (30') or more from the front and/or side lot line, provided that adequate visibility both on site and off site is maintained.
 
(2)    The canopy, including solar panels, shall not exceed twenty four feet (24') in height and must provide fourteen feet (14') of clearance.
 
(3)    The canopy fascia shall not exceed three feet (3') in vertical height.
 
(4)    Canopy lighting shall consist of canister spotlights recessed into the canopy with no portion of the light source or fixture extending below the bottom face of the canopy. Total canopy illumination may not exceed the limits established by section 11-16-17.A of this title. The fascia of the canopy shall not be illuminated.
 
(5)   The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site.
 
(6)    Signage shall not be allowed on a detached canopy
 
(7)   Canopy posts shall not obstruct traffic within the off-street parking area.
 
 
Section 58.  Section 11-33-5.B of the Zoning Ordinance (Specialized Housing – Residential Shelters) is hereby amended to read as follows:
 
B.   Conditions Of Approval:
 
1.    Number of Residents:
 
a.   Within an RS District on a lot accessed from a local residential street as defined by the Comprehensive Plan, there shall be no more than six (6) residents within a residential shelter.
 
b.   Within an RS District on a lot accessed from a minor collector or higher functional classification roadway as may be allowed by Section 19 of this title, a RM, or a RH District, there shall be no more than sixteen (16) residents within a residential shelter.
 
2.   No external building improvements are undertaken which alter the original residential character of the home structure unless approved by the city council.
 
3.    No on street parking shall be allowed. Adequate off street parking shall be required by the city based on the staff and resident needs of each specific facility. Private driveways shall be of adequate width to accommodate effective vehicle circulation and are to be equipped with a turnaround area to prevent backing maneuvers onto public streets. Driveways shall be maintained in an open manner at all times and emergency vehicle access shall be available. Adequate sight distance at the access point shall be available.
 
4.    Landscaping buffering from surrounding residential uses shall be provided consistent with the requirements contained in section 11-21-9.A of this title. A privacy fence of appropriate residential design may be required to limit off site impacts. Landscape screening from surrounding residential uses may be required by the Zoning Administrator depending on the type, location and proximity of residential areas to a specific facility.
 
5.    Submission of detailed program information including goals, policies, activity schedule, staffing patterns and targeted capacity which may result in the imposition of reasonable conditions to limit the off site impacts.
 
6.    A residential shelter shall be located a minimum of five hundred (500) radial feet, as measured in a straight line from the closest point of the property line of the parcel upon which the use is located to the property line of another residential shelter.
 
7.    Additional conditions may be required by the city in order to address the specific impacts of a proposed facility.
 
 
Section 59.  Section 11-37-3.A of the Zoning Ordinance (Motor Vehicle Fuel Facilities) is hereby amended to read as follows:
 
A.    District Application:  Motor vehicle fuel sales shall be allowed in a M-1, C-1, C-2, and C-3 district as a conditional use. The standards and requirements for motor fuel sales shall be in addition to those which are imposed for other uses and activities occurring on the property.
 
 
Section 60.  Section 11-37-3.B of the Zoning Ordinance (Motor Vehicle Fuel Facilities) is hereby amended to read as follows:
 
B.    Motor Fuel Facilities: Motor fuel facilities shall be installed in accordance with state and city standards. Additionally, adequate space shall be provided to access to and maneuverability around the fuel pumps and electric vehicle charging stations. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site.
 
 
Section 61.  Section 11-37-3.D of the Zoning Ordinance (Motor Vehicle Fuel Facilities) is hereby amended to read as follows:
 
D.    Hours: Hours of operation shall be limited within the respective zoning district as follows, unless extended by the city council as part of the conditional use permit:
 
   1.   M-1 district: No limit except as may be required by the city council.
 
2.    C-1 district: Five o'clock (5:00) A.M. to eleven o'clock (11:00) P.M.
 
3.    C-2 district: No limit except as may be required by the city council.
 
4.    C-3 district: No limit except as may be required by the city council.
 
 
Section 62.  Section 11-37-3.G of the Zoning Ordinance (Motor Vehicle Fuel Facilities) is hereby amended to read as follows:
 
G.    Fuel Pumps and Electric Vehicle Charging Stations:
 
1.    Fuel pumps: 
 
a.   Fuel pPump shall be on islands must be elevated six inches (6") above the traveled surface of the site.
 
b.    All pump islands must be set at least thirty feet (30') back from any property line.
 
c.   The setback between the pump islands curb face must be at least twenty four feet (24').
 
2.   Electric vehicle charging stations:
 
a.   Battery charging station outlets and connector devices shall be mounted to comply with applicable building codes and relevant Americans with Disabilities Act requirements.
 
b.   Electric vehicle supply equipment shall be located adjacent to designated parking stalls without encroaching into the required dimensions of the parking stall. 
 
c.   Electric vehicle supply equipment shall not impede pedestrian travel or create trip hazards on sidewalks.
 
d.   Battery charging stations shall be elevated six inches (6") above the traveled surface of the site.
 
e.   Battery charging station setbacks:
 
   (1)   From rights-of-way:   30 feet
 
   (2)   Side or rear lot lines:   10 feet
 
 
Section 63.  Section 11-37-5.A of the Zoning Ordinance (Motor Vehicle Fuel Facilities) is hereby repealed:
 
A.    Conditional Use: Motor vehicle fuel sales including convenience grocery and/or prepared food shall be allowed in the M-1, C-1, C-2, C-3, and C-CBD Districts subject to approval of a conditional use permit.
 
 
Section 64.  Section 11-45-1.B of the Zoning Ordinance (General Zoning District Provisions) is hereby amended to add the following provision:
 
RM-3, Medium-Density Residential District
 
 
Section 65.  Section 11-45-1 of the Zoning Ordinance (General Zoning District Provisions) is hereby amended to add the following provision with subsequent sections renumbered accordingly:
 
C.   Mixed Use Districts:
 
   M-1, Mixed Use I-35 Corridor District
   
M-2, Mixed Use Cedar Corridor District
 
 
Section 66.  Section 11-45-5 of the Zoning Ordinance (Zoning Map) is hereby amended as hereby set forth on the zoning map entitled Lakeville Zoning Map attached as Exhibit A and to be kept on file with the City Clerk.
 
 
Section 67.  Section 11-50-5 of the Zoning Ordinance (RS-1 District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
C.   Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
 
 
Section 68.  Section 11-50-5 of the Zoning Ordinance (RS-1 District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
F.   Gardens for produce not to be offered for sale.
 
 
Section 69.  Section 11-51-5 of the Zoning Ordinance (RS-2 District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
C.   Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
 
 
Section 70.  Section 11-51-5 of the Zoning Ordinance (RS-2 District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
F.   Gardens for produce not to be offered for sale.
 
 
Section 71.  Section 11-52-5 of the Zoning Ordinance (RS-3 District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
C.   Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
 
 
Section 72.  Section 11-52-5 of the Zoning Ordinance (RS-3 District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
F.   Gardens for produce not to be offered for sale.
 
 
Section 73.  Section 11-53-5 of the Zoning Ordinance (RS-4 District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
C.   Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
 
 
Section 74.  Section 11-53-5 of the Zoning Ordinance (RS-4 District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
F.   Gardens for produce not to be offered for sale.
 
 
Section 75.  Section 11-54-5 of the Zoning Ordinance (RS-CBD District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
C.   Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
 
 
Section 76.  Section 11-54-5 of the Zoning Ordinance (RS-CBD District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
F.   Gardens for produce not to be offered for sale.
 
 
Section 77.  Section 11-55-5.B of the Zoning Ordinance (RSMH District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
2.   Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
 
 
Section 78.  Section 11-55-5.B of the Zoning Ordinance (RSMH District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
6.   Gardens for produce not to be offered for sale.
 
 
Section 79.  Section 11-56-5 of the Zoning Ordinance (RST-1 District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
C.   Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
 
 
Section 80.  Section 11-56-5 of the Zoning Ordinance (RST-1 District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
F.   Gardens for produce not to be offered for sale.
 
 
Section 81.  Section 11-57-5 of the Zoning Ordinance (RST-2 District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
C.   Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
 
 
Section 82.  Section 11-57-5 of the Zoning Ordinance (RST-2 District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
F.   Gardens for produce not to be offered for sale.
 
 
Section 83.  Section 11-57-15.B.3.b of the Zoning Ordinance (RST-2 District – Lot Requirements and Setbacks) is hereby amended to read as follows:
b.    Buildings shall be set back a minimum of twenty feet (20') from public rights-of-way except that the garage face shall be set back twenty five feet (25') from public rights-of-way.
 
 
Section 84.  Section 11-57-17 of the Zoning Ordinance (RST-2 District – Common Areas) is hereby amended to read as follows:
 
11-57-17:    COMMON AREAS:  The following minimum requirements shall be observed in the RST-2 district governing common areas:
 
A.    Ownership: All common areas within an RM-3 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.    Common Interest Community pursuant to Minnesota Statutes 515B.
 
2.    Detached townhome and two-family base lot 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 subject to review and approval of the City Council 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 (1) individual property owner having interest within the development. 
 
 
Section 85.  Section 11-57-19.B of the Zoning Ordinance (RST-2 District – Design and Construction Standards; Unit Width) is hereby repealed and subsequent sections renumbered accordingly.
 
 
Section 86.  Section 11-57-19.B.3 of the Zoning Ordinance (RST-2 District – Design and Construction Standards; Minimum Overhang) is hereby repealed with subsequent sections renumbered accordingly.
 
 
Section 87.  Section 11-57-19.C.2.c of the Zoning Ordinance (RST-2 – Garages) is hereby amended to read as follows:
 
c.    Garages shall be a minimum of twenty feet (20') in width measured by interior dimensions.
 
 
Section 88.  Section 11-57-23 of the Zoning Ordinance (RST-2 District – Affordable Housing) is hereby amended to read as follows:
 
11-57-23:   AFFORDABLE HOUSING:
 
Housing qualified for meeting the city's allocation of regional affordable housing as defined by the comprehensive plan 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 89.  Section 11-58-5.E of the Zoning Ordinance (RM-1 District – Permitted Uses) is hereby amended to read as follows:
 
E.    Single-family detached dwelling units only as required by Section 11-58-25 of this title.
 
 
Section 90.  Section 11-58-7 of the Zoning Ordinance (RM-1 District – Accessory Uses) is hereby amended to add the following provision with subsequent sections renumbered accordingly:
 
C.   Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
 
 
Section 91.  Section 11-58-7 of the Zoning Ordinance (RM-1 District – Accessory Uses) is hereby amended to add the following provision with subsequent sections renumbered accordingly:
 
F.   Gardens for produce not to be offered for sale.
 
 
Section 92.  Section 11-58-19 of the Zoning Ordinance (RM-1 District – Common Areas) is hereby amended to read as follows:
 
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.    Common Interest Community pursuant to Minnesota Statutes 515B.
 
2.    Detached townhome and two-family base lot 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 subject to review and approval of the City Council 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 (1) individual property owner having interest within the development. 
 
 
Section 93.  Section 11-58-21.B of the Zoning Ordinance (RST-2 District – Design and Construction Standards; Unit Width) is hereby repealed and subsequent sections renumbered accordingly.
 
 
Section 94.  Section 11-58-21.B.3 of the Zoning Ordinance (RM-1 District – Design and Construction Standards; Minimum Overhang) is hereby amended to repeal the following provision with subsequent sections renumbered accordingly.
 
 
Section 95.  Section 11-58-21.C.2.c of the Zoning Ordinance (RM-1 District – Garages) is hereby amended to read as follows:
 
c.    Garages shall be a minimum of twenty feet (20') in width measured by interior dimensions.
 
 
Section 96.  Section 11-58-21.L of the Zoning Ordinance (RM-1 District – Design and Construction Standards; Additional Requirements) is hereby repealed. 
 
 
Section 97.  Section 11-58-27 of the Zoning Ordinance (RM-1 District – Affordable Housing) is hereby amended to read as follows:
 
11-58-27:   AFFORDABLE HOUSING:
 
Housing qualified for meeting the city's allocation of regional affordable housing as defined by the comprehensive plan may be exempted from subsections 11-58-21C, 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 98.  Section 11-59-7 of the Zoning Ordinance (RM-2 District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
C.   Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
 
 
Section 99.  Section 11-59-7 of the Zoning Ordinance (RM-2 District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
F.   Gardens for produce not to be offered for sale.
 
 
Section 100.  Section 11-59-19 of the Zoning Ordinance (RM-2 District – Common Areas) is hereby amended to read as follows:
 
11-59-19:    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-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.    Common Interest Community pursuant to Minnesota Statutes 515B.
 
2.    Detached townhome and two-family base lot 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 subject to review and approval of the City Council 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 (1) individual property owner having interest within the development. 
 
 
Section 101.  Section 11-59-21.B of the Zoning Ordinance (RST-2 District – Design and Construction Standards; Unit Width) is hereby repealed and subsequent sections renumbered accordingly.
 
 
Section 102.  Section 11-59-21.B.3 of the Zoning Ordinance (RM-2 District – Design and Construction Standards; Minimum Overhang) is hereby repealed with subsequent sections renumbered accordingly.
 
 
Section 103.  Section 11-59-21.C.2.c of the Zoning Ordinance (RM-2 District – Garages) is hereby amended to read as follows:
 
c.    Garages shall be a minimum of twenty feet (20') in width measured by interior dimensions.
 
 
Section 104.  Section 11-59-21 of the Zoning Ordinance (RM-2 District – Design and Construction Standards; Additional Requirements) is hereby repealed.
 
 
Section 105.  Section 11-59-27 of the Zoning Ordinance (RM-2 District – Affordable Housing) is hereby amended to read as follows:
 
11-59-27:   AFFORDABLE HOUSING:
 
Housing qualified for meeting the city's allocation of regional affordable housing as defined by the comprehensive plan may be exempted from subsections 11-59-21C, 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 106.  Title 11 the City Code (Zoning Ordinance) is hereby amended to add Section 60 to include the following provisions:
 
SECTION 60
 
RM-3, MEDIUM DENSITY RESIDENTIAL DISTRICT
 
11-60-1:    PURPOSE:
11-60-3:    PROCESSING:
11-60-5:    PERMITTED USES:
11-60-7:    PERMITTED ACCESSORY USES:
11-60-9:    CONDITIONAL USES:
11-60-11:    INTERIM USES:
11-60-13:    USES BY ADMINISTRATIVE PERMIT:
11-60-15:    DEVELOPMENT DENSITY:
11-60-17:    LOT REQUIREMENTS AND SETBACKS:
11-60-19:    COMMON AREAS:
11-60-21:    DESIGN AND CONSTRUCTION STANDARDS:
11-60-23:    BUILDING HEIGHT:
11-60-25:    AFFORDABLE HOUSING:
 
11-60-1: PURPOSE:

The purpose of the RM-3 district is to establish a medium density residential neighborhood which satisfies the following planning objectives within the Cedar Avenue corridor designated by the Comprehensive Plan and within one-half (1/2) mile of existing or planned transit facilities within the Interstate 35 corridor:
 
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 landforms, 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.
 
11-60-3: PROCESSING:

Full compliance with this chapter, other applicable provisions of this title, and title 10 of this 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.
 
11-60-5: PERMITTED USES:

In addition to other uses specifically identified elsewhere in this title, the following are permitted uses in the RM-3 district:
 
A.       More than one principal building on a base lot.
 
B.    Parks, trails, play fields, playgrounds, and directly related buildings and structures; city of Lakeville only.
 
C.    Residential facilities serving sixteen (16) or fewer persons.
 
D.    Townhomes, detached.
 
E.    Townhomes.
 
F.      Twinhomes.
 
11-60-7: PERMITTED ACCESSORY USES:

In addition to other uses specifically identified elsewhere in this title, the following are permitted accessory uses in the RM-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 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, classrooms, 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.   Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
 
D.       Fences as regulated by chapter 21 of this title.
 
E.   Gardens for produce not to be offered for sale.
 
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.
 
11-60-9: CONDITIONAL USES:

In addition to other uses
specifically identified elsewhere in this title, the following are conditional uses in an RM-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 11-4-3.E 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 thirty three (33) kV and up to one hundred (100) kV, as regulated by chapter 26 of this title.
 
C.    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').
 
D.    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 (1) story.
 
7.    The public improvements within manufactured home parks are developed in accordance with title 10 of this 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.
 
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).
11-60-11: 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-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.
 
11-60-13: 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-3 district by administrative permit:
 
A.    Essential services, except transmission pipelines and transmission or substation lines in excess of thirty three (33) kV and up to one hundred (100) kV, 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.
 
11-60-15: DEVELOPMENT DENSITY:
 
A.    The maximum development density within an RM-3 district will be based on the net buildable lot area exclusive of major collector or arterial 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-3 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.    Detached townhouse, two-family dwellings, and townhomes: Three thousand eight hundred (3,800) square feet per unit.
 
11-60-17: LOT REQUIREMENTS AND SETBACKS:

The following minimum requirements shall be observed in an RM-3 district subject to additional requirements, exceptions and modifications set forth in this title:
 
A.       Detached Townhouse, Two-Family And Townhome Dwellings:
 
1.   Unit Lots: The following minimum unit lot requirements shall be applied to the subdivision of two-family or townhome dwellings to permit individual private ownership of a single dwelling within such a structure:
 
a.    Lot Area: Detached townhouse, 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 ten feet (10') 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 (1) principal structure on a base lot:
 
a.    Minimum setback between buildings within the same base lot:  Fourteen feet (14').
 
b.    Buildings shall be set back a minimum of thirty feet (30') from the back of curb line of private drives, thirty feet (30’) from major collector or arterial streets and ten feet (10') from other public rights of way except that the garage face shall be set back twenty five feet (25') from public rights of way.
 
c.    A protective natural buffer and setback shall be provided for all designated wetlands in conformance with section 11-16-13 of this title.
 
 
11-60-19: COMMON AREAS:

The following minimum requirements shall be observed in the RM-3 district governing common areas:
 
A.    Ownership: All common areas within an RM-3 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.    Common Interest Community pursuant to Minnesota Statutes 515B.
 
2.    Two-family and townhome subdivision base lot 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 subject to review and approval of the City Council 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 (1) individual property owner having interest within the development.
 
11-60-21: 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 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.    Exterior Building Finish, Detached Townhome Dwelling, Two-Family, And Townhouse Dwelling Units: The exterior of principal and accessory structures shall include a variation in building materials which are to be distributed throughout the building elevations and coordinated into the architectural design of the structure to create an architecturally balanced appearance to comply with the following requirements:
 
1.    A minimum of fifty percent (50%) of the combined area of all elevations 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 elevation shall not include area devoted to windows, entrance doors, garage doors, or roof areas.
 
C.    Off-Street Parking: Off-Street Parking.  A minimum of one (1) of the off-street parking stall per dwelling unit required by Section 11-19-13 of this title shall be provided within an enclosed garage attached to the principal building.
D.   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.
 
E.    Utilities:
 
1.   Underground Or Exterior Service: All utilities serving an RM-3 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.
 
F.    Streets: All streets shall be public and shall comply with the design standards and specifications as governed by title 10 of this 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.
 
G.    Drives:
 
1.    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.
 
2.    Private drives must include plans and areas for snow storage.
 
3.    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.
 
H.    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, fountains, 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
Construction, Site Preparation,
And Site Improvements 
Minimum Landscape Value 
Below $1,000,000.00 
2 percent 
$1,000,001.00 _ $2,000,000.00 
$20,000.00 plus 1 percent of project value in excess of $1,000,000.00 
$2,000,001.00 _ $3,000,000.00 
$30,000.00 plus 0.75 percent of project value in excess of $2,000,000.00 
$3,000,001.00 _ $4,000,000.00 
$37,500.00 plus 0.25 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 inground irrigation system with an automatic controller.
 
11-60-23: 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-3 district shall exceed the following height:
 
A.       Principal buildings: Three (3) stories or forty two feet (42'), whichever is less.
 
B.       Accessory buildings: As regulated by subsection 11-18-9C of this title.
11-60-25:    AFFORDABLE HOUSING:

Housing qualified for meeting the city's allocation of regional affordable housing as defined by the comprehensive plan may be exempted from
subsections 11-60-21B, C, 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 107.  Section 11-61-3.G of the Zoning Ordinance (RH-1 District – Permitted Uses) is hereby amended to read as follows:
 
G.    Two-family dwelling units only as required by Section 11-61-23 of this title.
 
 
Section 108.  Section 11-61-5 of the Zoning Ordinance (RH-1 District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
C.   Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
 
 
Section 109.  Section 11-61-5 of the Zoning Ordinance (RH-1 District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
F.   Gardens for produce not to be offered for sale.
 
 
Section 110.  Section 11-61-21.A of the Zoning Ordinance (RH-1 District – Building Height) is hereby amended to read as follows:
   
A.    Principal buildings: Three (3) stories or forty two feet (42'), whichever is less.
 
 
Section 111.  Section 11-61-25 of the Zoning Ordinance (RH-1 District – Affordable Housing) is hereby amended to read as follows:
 
11-61-25:   AFFORDABLE HOUSING:
 
Housing qualified for meeting the city's allocation of regional affordable housing as defined by the comprehensive plan may be exempted from subsections 11-58-21C, D, K, and L where required by subsection 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 112.  Section 11-62-3.G of the Zoning Ordinance (RH-2 District – Permitted Uses) is hereby amended to read as follows:
 
G.    Two-family dwelling units only as required by Section 11-62-23 of this title.
 
 
Section 113.  Section 11-62-5 of the Zoning Ordinance (RH-2 District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
C.   Community gardens as regulated by section 11-18-15 of this title; institutional uses only.
 
 
Section 114.  Section 11-62-5 of the Zoning Ordinance (RH-2 District – Accessory Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly:
 
F.   Gardens for produce not to be offered for sale.
 
 
Section 115.  Section 11-62-13.B of the Zoning Ordinance (RH-2 District – Development Density) is hereby amended to add the following provision with subsequent sections renumbered accordingly:
 
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.    Townhomes: Three thousand eight hundred (3,800) square feet per unit.
 
2.    Multiple-family dwellings:
 
a.   One thousand six hundred seventy five (1,675) square feet per unit.
 
b.   Buildings shall not exceed a floor area ratio of seven-tenths (0.7).
 
3.    Senior assisted living or continuing care retirement communities: One thousand (1,000) square feet per unit.
 
 
Section 116.  Section 11-62-25 of the Zoning Ordinance (RH-1 District – Affordable Housing) is hereby amended to read as follows:
 
11-61-25:   AFFORDABLE HOUSING:
 
Housing qualified for meeting the city's allocation of regional affordable housing as defined by the comprehensive plan may be exempted from subsections 11-58-21C, D, K, and L where required by subsection 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 117.  Title 11 the City Code (Zoning Ordinance) is hereby amended to add Section 65 to include the following provisions:
 
Chapter 65
M-1, MIXED USE I-35 CORRIDOR DISTRICT
 
11-65-1:    PURPOSE:
11-65-3:    PERMITTED USES:
11-65-5:    PERMITTED ACCESSORY USES:
11-65-7:    CONDITIONAL USES:
11-65-9:    INTERIM USES:
11-65-11:    USES BY ADMINISTRATIVE PERMIT:
11-65-13:    LOT REQUIREMENTS AND SETBACKS:
11-65-15:    BUILDING HEIGHT:
 
11-65-1: PURPOSE:

The purpose of the M-1 District is to provide for development of commercial areas with opportunity for incorporating multiple family dwellings within areas guided by the Comprehensive Plan for Corridor Mixed Uses adjacent to the I-35 corridor.
 
11-65-3: PERMITTED USES:

In addition to other uses specifically identified elsewhere in this title, the following are permitted uses in a M-1 district:
 
A.       Bank, savings and loan, savings credit unions and other financial institutions.
 
B.      Banquet facilities.
 
C.       Commercial recreation, indoor.
 
D.       Funeral homes and mortuaries.
 
E.       Governmental and public utility buildings and structures; city of Lakeville only.
 
F.       Hotels.
 
G.       Instructional classes.
 
H.       Offices, general and medical.
 
I.       Pawnshops.
 
J.       Private clubs or lodges serving food and beverages with on-sale liquor.
 
K.       Public garages and parking lots.
 
L.       Restaurants, general with on-sale liquor.
 
M.       Retail businesses.
 
N.       Service businesses, on and off site.
 
O.       Data centers.
 
P.       Fitness centers and health clubs.
 
Q.       Brew on premises.
 
R.       Brewpub.
 
11-65-5: PERMITTED ACCESSORY USES:

In addition to other uses specifically identified elsewhere in this title, the following are permitted accessory uses in a M-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 (30%) of the gross floor space of the principal use.
 
B.    Community gardens as regulated by section 11-18-15 of this title.
 
C.       Fences as regulated by chapter 21 of this title.
 
D.       Ground source heat pump systems as regulated by chapter 29 of this title.
 
E.       Off street loading as regulated by chapter 20 of this title.
 
F.    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.
 
G.       Satellite TVROs as regulated by chapter 30 of this title.
 
H.    Secondary or accessory use antennas or satellites 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.
11-65-7: CONDITIONAL USES:

In addition to other uses specifically identified elsewhere in this title, the following are conditional uses in a M-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 11-4-3.E and section 11-4-7 of this title.
 
A.       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.