The purpose of the RH-1 district is to provide for high density housing in multiple-family structures and directly related complementary uses. (Ord. 867, sec. 105, 5-17-2010)

In addition to other uses specifically identified elsewhere in this title, the following are permitted uses in an RH-1 district:

   A.   Multiple-family dwelling structures.

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

   C.   Residential dwellings as required by section 11-61-23 of this chapter.

   D.   Residential facilities serving sixteen (16) or fewer persons.

   E.   Senior assisted or continuing care retirement community.

   F.   Townhouses, six (6) units in a row or twelve (12) units back to back.

   G.   Two-family dwelling units only as required by Section 11-61-23 of this title. (Ord. 867, sec. 105, 5-17-2010; amd. Ord. 1031, 6-1-2020)

In addition to other uses specifically identified elsewhere in this title, the following are permitted accessory uses in an RH-1 district:

   A.   Accessory uses, buildings and structures customarily incidental and directly related to the uses allowed as permitted, conditional, interim, and administrative permit in this section, subject to applicable regulation of this title and, only those accessory buildings, structures, or fences owned and maintained by a homeowners' association shall be erected on a common base lot for detached townhouse or two-family dwellings.

   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. (Ord. 867, sec. 105, 5-17-2010)

   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. 105, 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 RH-1 district and require a conditional use permit based upon procedures set forth in and regulated by chapter 4 of this title. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 11-4-3E and section 11-4-7 of this title.

   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.   Golf courses.

   D.   Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school, 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').

   E.   Manufactured home parks, provided that:

      1.   The minimum area required for a manufactured home park designation shall be twenty (20) acres.

      2.   The following minimum lot requirements within the manufactured home park are:

 

 

   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 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.

   F.   More than one principal residential building on one lot of record, provided that:

      1.   The applicable provisions of section 11-61-17 of this chapter are satisfactorily met.

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

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

   I.   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.

   J.   Social services or other activities which are not directly worship related as an accessory use within a religious institutional building(s). (Ord. 867, sec. 105, 5-17-2010; amd. Ord. 1089, secs. 62 - 64, 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 RH-1 district and are governed by chapter 5 of this title:

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

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

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

   D.   WECS exceeding the height limit of this district, as regulated by chapter 29 of this title. (Ord. 867, sec. 105, 5-17-2010)

   E.   Single-family dwellings existing as of July 17, 2000, provided that:

      1.   The use shall be subject to the requirements applicable to single-family uses within the RS-4 district. (Ord. 910, 8-5-2013)

      2.   One detached accessory building not greater than two hundred (200) square feet in area shall be allowed when the total area of said detached building and an existing attached accessory building would exceed the percentage of minimum lot area that may be occupied by accessory buildings established by subsection 11-18-9D1 of this title. (Ord. 910, 8-5-2013; amd. Ord. 936, 3-16-2015)

      3.   The interim use shall terminate upon subdivision or redevelopment of the property for a use allowed within the RH-1 district or as provided for by section 11-5-7 of this title. (Ord. 910, 8-5-2013)

In addition to other uses specifically identified elsewhere in this title, and subject to applicable provisions of this section, performance standards established by this chapter, and processing requirements of chapter 8 of this title, the following are uses allowed in an RH-1 district by administrative permit:

   A.   Essential services, except transmission pipelines and transmission or substation lines in excess of 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.

The maximum development density within the RH-1 District shall be determined by the following minimum lot area per unit standards as defined by Section 11-17-21 of this title

   A.   Townhome dwellings: Three thousand eight hundred (3,800) square feet per unit.

   B.   Multiple-family dwellings: Two thousand five hundred (2,500) square feet per unit.

   C.   Senior assisted living or continuing care retirement communities: One thousand five hundred (1,500) square feet per unit. (Ord. 867, sec. 105, 5-17-2010; amd. Ord. 1052, sec. 25, 9-7-2021; Ord. 1078, 6-5-2023; Ord. 1080, 6-5-2023; Ord. passed 8-4-2025)

The following minimum requirements shall be observed in an RH-1 district subject to additional requirements, exceptions, and modifications set forth in this title:

   A.   Base Lot Minimums: Within the RH-1 district, the following minimum base lot requirements shall be imposed. The base lot shall represent the smallest lot or parcel which may accommodate development within the framework of the permitted density of section 11-61-13 of this chapter prior to subdivision of unit lots.

      1.   Lot area: Twenty thousand (20,000) square feet.

      2.   Lot width: One hundred feet (100').

   B.   Unit Lots: Unit lots shall have sufficient lot area to include the living area, garage, decks, patios, or porches of the individual dwelling units for the subdivision of townhomes to permit individual private ownership of a single dwelling within a structure.

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

   D.   Minimum Setbacks Between Buildings Within the Same Base Lot:   

      1.   Townhome: Fourteen feet (14').

      2.   Multiple Family: Twenty feet (20').

   E.   Setbacks from Public Rights-of-Way. 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.

   F.   Private Drive and Parking Area Setbacks. Buildings shall be set back a minimum of thirty feet (30') from the back of curb line of private drives and fifteen feet (15') from off-street parking areas.

   G.   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.

   H.   Buffer Yard: The additional screening and lot requirements of subsection 11-21-9E of this title shall apply. (Ord. 867, sec. 105, 5-17-2010; amd. Ord. 958, 3-21-2016; Ord. passed 8-4-2025)

The following minimum requirements shall be observed in the RH-1 district governing common areas:

   A.   Ownership: All common areas within an RH-1 development not dedicated to the public including, but not limited to, open space, driveways, private drives, parking areas, play areas, etc., shall be owned in one of the following manners:

      1.   Condominium ownership pursuant to Minnesota statutes 515A.1-106.

      2.   Two-family and townhome subdivision common areas shall be owned by the owners of each unit lot, with each owner of a unit having an equal and undivided interest in the common area.

   B.   Homeowners’ Association: A homeowners’ association shall be established for two-family, townhome and multiple-family developments within the RH-1 district, subject to review and approval of the city attorney, and shall be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of private driveways and other areas owned in common when there is more than one individual property owner having interest within the development. (Ord. 867, sec. 105, 5-17-2010; amd. Ord. 1052, sec. 26, 9-7-2021)

   A.   Design and construction standards for townhome uses shall be as provided for within the RM-3 District specified in section 11-60-21 of this title.

   B.   The exterior of multiple-family dwelling structures shall include a variation in building materials which are to be distributed throughout the building elevations and coordinated into the architectural design of the structure to create an architecturally balanced appearance. In addition, multiple-family dwelling structures shall comply with the following requirements:

      1.   A minimum of fifty percent (50%) of the combined area of all 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. (Ord. 867, sec. 105, 5-17-2010; amd. Ord. 958, 3-21-2016; 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 RH-1 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. 867, sec. 105, 5-17-2010; amd. Ord. 1031, 6-1-2020)

Any RH-1 zoned property abutting an RS-1, RS-2, RS-3, RS-4, RS-CBD district shall have a minimum of one (1) tier of townhomes bordering such a district and shall be subject to the same lot and building standards as the RM-1 district. Exemptions to the provisions of this section may be granted subject to the approval of an administrative permit at the time of development, provided one (1) or more of the following conditions exist:

   A.   The properties are separated by a major collector or arterial street.

   B.   The abutting land use is a nonresidential use allowed in the district in which it is located.

   C.   The properties are separated by a railroad right of way, wetland, water body, floodplain, public open space, park or other such similar publicly reserved and development restricted area with a minimum width of one hundred feet (100') across its entire length. (Ord. 867, sec. 105, 5-17-2010; amd. Ord. 1089, sec. 65, 5-6-2024; Ord. passed 8-4-2025)