The purpose of the RH-CBD district is to provide for high density housing in townhouse and multiple-family structures and directly related complementary uses within Downtown Lakeville consistent with the Comprehensive Plan and Downtown Development Guide. (Ord. 1047, 6-7-2021)

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

   A.   More than one principal building on a base lot.

In addition to other uses specifically identified elsewhere in this title, the following are permitted accessory uses in the RH-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 and only those accessory buildings, structures, or fences owned and maintained by a homeowners' association shall be erected on a common base lot.

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

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

   M.   Solar energy systems as regulated by chapter 29 of this title. (Ord. 1047, 6-7-2021)

In addition to other uses specifically identified elsewhere in this title, the following are conditional uses in an RH-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 11-4-3.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, 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.   Nursing homes, residential care facilities, continuing care retirement communities, and senior housing with services establishments licensed by the Minnesota department of health provided that:

      1.   Side and rear yards shall be screened in compliance with section 11-21-9 of this title.

      2.   Only the rear yard shall be used for recreational areas. Said area shall be fenced and controlled and screened in compliance with section 11-21-9 of this title.

      3.   The site shall be served by a public street of sufficient capacity to accommodate traffic which will be generated by the use.

      4.   All state statutes and rules governing such uses are strictly adhered to and all required operating permits are secured.

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

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

   H.   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.

   I.   Social services or other activities which are not directly worship related as an accessory use within a religious institutional building(s). (Ord. 1047, 6-7-2021; amd. Ord. 1089, secs. 70 - 72, 5-6-2024; Ord. passed 8-4-2025)

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-CBD district and are governed by chapter 5 of this title:

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

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

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

   D.   WECS exceeding the height limit of this district, as regulated by chapter 29 of this title. (Ord. 1047, 6-7-2021)

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 RH-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. 1047, 6-7-2021)

   A.   The maximum development density within the RH-CBD district as defined by the Comprehensive Plan and the land uses guided by the land use plan shall be determined based upon net developable acreage excluding from the area calculations public parks and open space, arterial and major collector street rights-of-way, wetlands, major drainageways as defined by the water resources management plan, water bodies, and slopes steeper than three to one (3:1) slope ratio.

   B.   The RH-CBD district allows for a variety of residential housing types. The maximum development density shall be determined by the following minimum lot area per unit standards as defined by Section 11-17-21 of this title:

      1.   Townhome dwellings:   No minimum requirement.

      2.   Multiple family dwellings:   No minimum requirement.

      3.   Senior housing:         No minimum requirement. (Ord. 1047, 6-7-2021)

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

   A.   Unit Lots: Subdivision of townhome dwellings to permit individual private ownership of a single dwelling within such a structure with have sufficient lot area to Include the living area, garages, decks, patios or porches of the individual dwelling units.

   B.   Base Lot Setbacks:

      1.   Within a front yard or a side yard of a corner lot abutting a public right-of-way, a build-to line shall be established for principal buildings:

         a.   The minimum setback shall be ten feet (10') and the maximum shall be fifteen feet (15') from the right of way.

         b.   On lots with more than one street frontage, the build-to line shall apply on each side fronting a street.

         c.   At least sixty five percent (65%) of the street frontage of any lot shall be occupied by building facades meeting the build-to line. Other portions of a building beyond the sixty five percent (65%) may be set back farther than required by the build-to line.

         d.   The length of the building facade shall be measured as the maximum width of the building projected to the front lot line on lines perpendicular to the front lot line.

      2.   A minimum setback of five feet (5') shall be required from interior side or rear lot lines.

      3.   A minimum setback of ten feet (10') shall be required where a side or rear lot line abuts an RS-CBD District.

   C.   Building Setbacks: The following minimum internal setbacks shall be imposed on developments that include more than one (1) principal structure on a base lot:

      1.   Minimum setback between buildings within the same base lot: Ten feet (10').

      2.   Buildings shall be set back a minimum of twenty five (25') from the back of curb line of private drives.

      3.   A protective natural buffer and setback shall be provided for all designated wetlands in conformance with section 11-16-13 of this title. (Ord. 1047, 6-7-2021)

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

   A.   Ownership: All common areas within an RH-CBD 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.   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 the maintenance of the building exterior, 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. 1047, 6-7-2021)

   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 Design and Finish, Townhouse Dwelling Units and Multiple Family Buildings: 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:

         a.   Any exterior building wall adjacent to or visible from a public street, public open space, or abutting property may not exceed forty feet (40') in length without significant visual relief consisting of two (2) or more of the following:

            (1)   The facade shall be divided architecturally by means of significantly different materials or textures.

            (2)   Horizontal offsets of at least one foot (1') in depth.

            (3)   Vertical offsets in the roofline of at least three feet (3').

         b.   Allowed exterior finish materials shall be limited to brick, stucco, natural or artificial stone, split face (rock face) concrete block, engineered wood siding, and/or cement fiberboard materials.

         c.   Townhome Dwelling Units:

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

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

            (3)   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.

            (4)   No townhome dwelling structure shall have more than 60 percent (60%) of all elevations of one type of exterior finish.

            (5)   For the purpose of this section:

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

               (B)   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.

         d.   Multiple Family Buildings:

            (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:

      1.   A minimum of one (1) of the off-street parking stalls required by Section 11-19-13 of this title shall be provided within an enclosed garage attached to the principal building.

      2.   Off-street parking areas shall only be located in side or rear yards.

      3.   Individual or shared garages only shall be accessed from a side or rear yard.

   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 RH-CBD 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.   Landscaping at the boundary of the site adjoining another property and the immediate perimeter of the principal structure.

      2.   Screening of off-street parking areas.

      3.   All boulevards shall be sodded.

      4.   Screening of designated outdoor storage areas.

      5.   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. 1047, 6-7-2021)

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-CBD district shall exceed the following height:

   A.   Principal buildings: Three (3) stories or thirty-five feet (35'), whichever is less.

   B.   Accessory buildings: As regulated by subsection 11-18-9C of this title. (Ord. 1047, 6-7-2021)

Housing qualified for meeting the city's allocation of regional affordable housing as defined by the comprehensive plan may be exempted from subsections 11-63-21.B.1 and 11-63-21.C.1 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. (Ord. 1047, 6-7-2021)