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 (½) 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 (2)-family and townhome base lots to permit individual private ownership of a single dwelling within such a structure. (Ord. 1031, 6-1-2020)

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. (Ord. 1031, 6-1-2020)

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. (Ord. 1031, 6-1-2020)

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. (Ord. 1031, 6-1-2020)

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, 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.   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:

 

 

   3.   The following principal structure setbacks are satisfactorily met:

 

 

      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.   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. 1031, 6-1-2020; amd. Ord. 1089, secs. 58 - 60, 5-6-2024)

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. (Ord. 1031, 6-1-2020)

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. (Ord. 1031, 6-1-2020)

The maximum development density within the RM-3 district shall be determined by the following minimum lot area per unit standards as defined by Section 11-17-21 of this title:

   A.   Detached townhouse, two-family dwellings, and townhome dwellings: Three thousand eight hundred (3,800) square feet per unit. (Ord. 1031, 6-1-2020; amd. Ord. 1052, sec. 21, 9-7-2021; Ord. 1078, 6-5-2023; Ord. 1080, 6-5-2023)

The following minimum unit and base lot requirements shall be observed in an RM-3 District, subject to additional requirements, exceptions and modifications set forth in this title, and applied to the subdivision of two-family and townhome dwellings to permit individual private ownership of a single dwelling within a structure:

   A.   Unit Lots. Unit lots shall have sufficient lot area to include the living area, garages, decks, patios, or porches of the individual dwelling units.

   B.   Base Lot Setbacks. A minimum setback of ten feet (10') shall be required at the periphery of the base lot.

   C.   Setbacks Between Buildings. A minimum setback of fourteen feet (14') shall be required between buildings within the same base lot.

   D.   Setbacks from Public Rights-of-Way. Buildings shall be set back a minimum of 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.

   E.   Private Drive Setbacks. Buildings shall be set back a minimum of thirty feet (30') from the back of curb line of private drives.

   F.   Wetlands. A protective natural buffer and building setback shall be provided for all designated wetlands in conformance with section 11-16-13 of this title. (Ord. 1031, 6-1-2020; amd. Ord. passed 8-4-2025)

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.   A homeowners’ association subject to review and approval of the City Council responsible for exterior building maintenance of two-family dwellings, townhouse dwellings, and common accessory buildings or structures, 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. (Ord. 1031, 6-1-2020; amd. Ord. 1052, sec. 22, 9-7-2021)

   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: The exterior of principal and accessory structures shall include a variation in building materials that 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:

         a.   Allowed exterior finish materials, not including for use on facias, trim, or roof, shall be limited to brick, stucco, natural or artificial stone, split face (rock face) concrete block, engineered wood siding, and/or cement fiberboard.

         b.   A minimum of twenty five percent (25%) of the area of each elevation of a townhouse structure shall have an exterior finish of brick, stucco, and/or natural or artificial stone.

         c.   Except for brick, stucco, and/or natural or artificial stone, no single elevation shall have more than seventy five percent (75%) of one (1) type of exterior finish.

         d.   Except for brick, stucco, and/or natural or artificial stone, no townhome dwelling structure shall have more than sixty percent (60%) of all elevations of one type of exterior finish.

         e.   For the purpose of this section:

            (1)   The area of the elevation shall not include area devoted to windows, entrance doors, garage doors, or roof areas.

            (2)   Variations in texture or style (i.e., lap siding versus shake shingle siding) shall be considered as different materials meeting the requirements of this section.

            (3)   Integral colored split face (rock face) concrete block, engineered wood siding, cement fiberboard, or engineered wood shall qualify for meeting the brick, stucco, and/or natural or artificial stone exterior material requirements for any elevation of a building that is not its front defined by the primary exterior entrance.

   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:

 

  

      2.   Landscaping at the boundary of the site adjoining another property and the immediate perimeter of the principal structure.

      3.   Residential buffer yard landscaping as set forth by Section 11-21-9.E of this title shall not be required, but an appropriate variety of coniferous trees and tall growing shrubs accented by deciduous shade trees be provided for screening purposes in 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. (Ord. 1031, 6-1-2020; amd. Ord. 1052, sec. 23, 9-7-2021; Ord. 1065, 4-4-2022; Ord. passed 8-4-2025)

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. (Ord. 1031, 6-1-2020)

Housing qualified for meeting the city’s allocation of regional affordable housing as defined by the comprehensive plan may be exempted from subsections 11-60-21.B, C, and H of this chapter by conditional use permit, provided guarantees satisfactory to the city are in place to ensure that “for sale” housing will meet the affordable housing requirement for initial sales and “for rent” housing will meet the affordable housing requirement for the initial ten (10) year rental period. (Ord. 1031, 6-1-2020; amd. Ord. 1052, sec. 24, 9-7-2021; Ord. 1065, 4-4-2022; Ord. 1080, 7-17-2023; Ord. 1089, sec. 61, 5-6-2024)