The purpose of the RS-CBD district is to provide regulations which accommodate the unique and desired development character of single-family residential uses in the area surrounding the central business district of the city, as defined by the comprehensive plan. (Ord. 867, sec. 99, 5-17-2010)

In addition to other uses specifically identified elsewhere in this title, the following uses are allowed as permitted uses within the RS-CBD district:

   A.   Parks, trails, play fields, playgrounds, and directly related buildings and structures; city of Lakeville only.

   B.   Residential facility serving six (6) or fewer persons in a single-family detached dwelling.

   C.   Single-family detached dwellings. (Ord. 867, sec. 99, 5-17-2010)

In addition to other uses specifically identified elsewhere in this title, the following are permitted accessory uses allowed in the RS-CBD district:

   A.   Accessory uses, buildings and structures customarily incidental and directly related to the uses allowed as permitted, conditional, interim, and administrative permit in this section, subject to applicable regulation of this title.

   B.   Administrative offices, meeting rooms, 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.   Daycare facilities serving fourteen (14) or fewer persons in a single-family detached dwelling.

   E.   Fences as regulated by chapter 21 of this title.

   F.   Gardens for produce not to be offered for sale.

   G.   Ground source heat pump systems as regulated by chapter 29 of this title.

   H.   Home occupations and home offices as regulated by chapter 32 of this title.

   I.   Keeping of animals subject to chapter 35 of this title.

   J.   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.

   K.   Private garages and off street parking and off street loading as regulated by chapters 19 and 20 of this title.

   L.   Recreational vehicles and equipment parking and storage as regulated by chapter 22 of this title.

   M.   Secondary or accessory use antennas as regulated by chapter 30 of this title.

   N.   Signs as regulated by chapter 23 of this title.

   O.   Solar energy systems as regulated by chapter 29 of this title. (Ord. 867, sec. 99, 5-17-2010; amd. Ord. 920, 4-7-2014; Ord. 1031, 6-1-2020)

In addition to other uses specifically identified elsewhere in this title, the following are conditional uses in an RS-CBD district and require a conditional use permit based upon procedures set forth in and regulated by chapter 4 of this title. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 11-4-3E and section 11-4-7 of this title.

   A.   Daycare, head start, and early childhood education facilities as a principal or an accessory use 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, including preschool, head start, early childhood education, before and after school care, and adult education programing, provided that side yards shall be double that required for the district, but no greater than thirty feet (30').

   D.   Parks and recreational areas owned or operated by public bodies; other than the city of Lakeville.

   E.   Personal wireless service antennas not located on a public structure, or existing tower as regulated by chapter 30 of this title.

   F.   Principal building required side or rear yard reduction: A required principal building side or rear yard setback may be reduced provided that:

      1. The reduction of setback requirements is based upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this title.

      2. Property line drainage and utility easements as required by the subdivision ordinance are provided and no building will occur upon this reserved space.

      3.   It will work toward the preservation of trees or unique physical features of the lot or area.

      4.   If affecting a north lot line, will not restrict sun access from the abutting lot.

      5.   It will not obstruct traffic visibility, cause a public safety problem and complies with section 11-16-15 of this title.

   G.   Religious institutions, provided that:

      1.   Minimum side yards shall be double that required for the district, but no greater than thirty feet (30').

      2.   Dwelling in micro units within a sacred community shall be allowed subject the provisions of section 11-33-7 of this title.

   H.   Social services or other activities which are not directly worship related as an accessory use within a religious institutional building(s). (Ord. 867, sec. 99, 5-17-2010; amd. Ord. 920, 4-7-2014; Ord. 1078, 6-5-2023; Ord. 1080, 6-5-2023; Ord. 1089, secs. 38 - 40, 5-6-2024)

In addition to other uses specifically identified elsewhere in this title, and subject to the applicable provisions of this title, the following are interim uses allowed in the RS-CBD district and are governed by chapter 5 of this title:

   A.   Bed and breakfast establishments and boarding houses as regulated by section 11-33-3 of this title.

   B.   Residential shelters as regulated by chapter 33 of this title.

   C.   Satellite TVROs greater than one meter (1 m) in diameter as regulated by chapter 30 of this title.

   D.   Temporary classroom type structure for use by public or private institutions.

   E.   WECS exceeding the height limit of this district, as regulated by chapter 29 of this title. (Ord. 867, sec. 99, 5-17-2010; amd. Ord. 1078, 6-5-2023; Ord. 1080, 6-5-2023)

In addition to other uses specifically identified elsewhere in this title, and subject to applicable provisions of this section, performance standards established by this chapter, and processing requirements of chapter 8 of this title, the following are uses allowed in an RS-CBD 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. (Ord. 867, sec. 99, 5-17-2010)

   F.   Renting of rooms within an owner occupied dwelling unit to not more than two (2) individuals who are each unrelated to the principal family as an accessory use provided that:

      1.   The property owner shall not enter into a rental agreement with more than two (2) individuals within a thirty (30) day period.

      2.   There shall be one off street parking stall provided for each rental occupant on the property in addition to the parking stalls required by chapter 19 of this title. (Ord. 920, 4-7-2014)

The following minimum requirements shall be observed in an RS-CBD district subject to additional requirements, exceptions and modifications set forth in this title:

 

(Ord. 867, sec. 99, 5-17-2010)

Except as provided for by section 11-17-7 of this title or other requirements, exceptions and modifications set forth in this title, no structure within the RS-CBD district shall exceed the following height:

   A.   Principal buildings: Two and one-half (21/2) stories or twenty five feet (25'), whichever is less.

   B.   Accessory buildings: As regulated by subsection 11-18-9C of this title. (Ord. 867, sec. 99, 5-17-2010)