The purpose of the C-1 district is to provide for low intensity, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this district are to provide goods and services on a limited community market scale and located in areas which are well served by collector or arterial street facilities at the edge of residential districts. (Ord. 867, sec. 108, 5-17-2010)

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

   A.   Adult education facilities.

   B.   Bank, savings and loan, savings credit unions and other financial institutions.

   C.   Cannabis Retailer/Dispensary meeting performance standards of chapter 38 of this title.

   D.   Cannabis Medical Retailer/Dispensary meeting the performance standards of chapter 38 of this title.

   E.   Daycare, head start, and early childhood education facilities as a principal use provided that the use complies with the provisions of chapter 31 of this title.

   F.   Fitness centers limited to two thousand (2,000) square feet of gross floor area or less.

   G.   Funeral homes and mortuaries.

   H.   Governmental and public utility buildings and structures; city of Lakeville only.

   I.   Instructional classes.

   J.   Offices, general and medical.

   K.   On site service businesses.

   L.   Public garages and parking lots; city of Lakeville only.

   M.   Restaurants, takeout/delivery only.

   N.   Retail businesses.

(Ord. 867, sec. 108, 5-17-2010; amd. Ord. 1031, 6-1-2020; Ord. 1078, 6-5-2023; Ord. 1080, 6-5-2023; Ord. 1089, secs. 91 - 93, 5-6-2024; Ord. 1092, 9-16-2024)

In addition to other uses specifically identified elsewhere in this title, the following are permitted accessory uses in a C-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.   Fences as regulated by chapter 21 of this title.

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

   D.   Off street loading as regulated by chapter 20 of this title.

   E.   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.

   F.   Satellite TVROs as regulated by chapter 30 of this title.

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

   H.   Sexually oriented uses, accessory.

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

   J.   Solar energy systems as regulated by chapter 29 of this title. (Ord. 867, sec. 108, 5-17-2010)

In addition to other uses specifically identified elsewhere in this title, the following are conditional uses in a C-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.   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.

   B.   Governmental and public utility buildings and structures; other than city of Lakeville.

   C.   Motor vehicle fuel sales with or without convenience grocery and/or prepared food as regulated by chapter 37 of this title.

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

   E.   Religious institutions; also dwelling in micro units within a sacred community subject to Section 11-33-7 of this title.

   F.   Veterinary clinics provided that:

      1.   All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties.

      2.   Animal carcasses are properly disposed of in a manner not utilizing on site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal.

      3.   An animal kennel is permitted as a use accessory to the veterinary clinic provided that:

         a.   The number of animals boarded shall not exceed twenty (20).

         b.   An indoor exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. No outdoor exercising of animals shall be permitted.

         c.   A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between sixty degrees (60°) and seventy five degrees Fahrenheit (75°F).

         d.   A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals.

         e.   Indoor animal kennel floors and walls shall be made of nonporous materials or sealed concrete to make it nonporous.

         f.   Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day.

         g.   The appropriate license is obtained from the city clerk and the conditions of section 5-1-12 of this code are met.

         h.   All state health department and Minnesota pollution control agency requirements for such facilities are met.

   G.   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 an arterial or collector street of sufficient capacity to accommodate traffic which will be generated by the use.

      4.   The use of exterior building materials shall be as required for buildings in the RH-1 district.

      5.   All state statutes and rules governing such uses are strictly adhered to and all required operating permits are secured. (Ord. 867, sec. 108, 5-17-2010; amd. Ord. 897, 12-3-2012; Ord. 913, 11-4-2013; Ord. 1031, 6-1-2020; Ord. 1078, 6-5-2023; Ord. 1080, 6-5-2023; Ord. 1089, secs. 94 - 96, 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 C-1 district and are governed by section 11-5-3 of this title:

   A.   WECS exceeding the height limit of this district, as regulated by chapter 29 of this title. (Ord. 867, sec. 108, 5-17-2010)

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 a C-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.   Multiple principal buildings on one lot of record, provided that:

      1.   Lot Requirements: The lot shall conform to the minimum lot area and lot width requirements of section 11-71-13 of this chapter.

      2.   Setbacks: Setbacks between multiple principal buildings within the same base lot shall be a minimum of twenty feet (20').

      3.   Common Areas: All common areas including, but not limited to, open space, wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks, etc., shall be maintained in one of the following ways:

         a.   All of the property including buildings and common areas shall be owned by a single entity.

         b.   Common interest community ownership pursuant to Minnesota Statutes 515B.

         c.   The property shall be divided into a base lot and unit lots to allow for individual ownership of the principal buildings or individual tenant spaces within the principal building, with each owner of a unit lot having an equal and undivided interest in the common area, subject to the following requirements:

            (1)   The tenant space related to each unit lot shall have an exclusive exterior entrance.

            (2)   A management association shall be established for all commercial developments with multiple principal buildings subdivided in a base lot/unit lot configuration that is to be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of driveways and parking areas, subject to review and approval of the city attorney.

      4.   Utilities:

         a.   Underground Or Exterior Service: All utilities including telephone, electricity, gas, and telecable shall be installed underground. Exterior utility meters and 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.

         b.   Public Utility Service: Separate public utility services shall be provided to each unit unless exempted by the city engineer.

            (1)   Water connection: A shutoff valve for each individual unit shall be provided.

            (2)   Sewer connection: Where more than one unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the maintenance association or owners.

   C.   Open or outdoor sales, rental or display as an accessory use in association with an allowed principal use provided that:

      1.   The area so occupied shall not exceed ten percent (10%) of the principal building.

      2.   No storage or display of merchandise shall be permitted in required rear, side or front yards and shall be limited to the area of the customer entrances.

      3.   The outdoor sales, rental or display area shall be included in the calculations for parking spaces required for the use and shall not occupy space required for parking as stipulated by chapter 19 of this title, except as may be exempted for cause by the zoning administrator.

      4.   Propane sales (not refilling) limited to twenty (20) pound capacity tanks provided that:

         a.   The propane tanks are secured in a locker and meet all state uniform building and fire codes.

         b.   The storage locker shall be located upon a concrete or asphalt surface adjacent to the principal building.

         c.   The storage locker shall not encroach into any required principal building setback, required parking stall, drive aisle or pedestrian sidewalk or otherwise impede vehicle and pedestrian circulation.

   D.   Personal wireless service antennas located upon an existing structure or tower or temporary mobile tower as regulated by chapter 30 of this title.

   E.   Seating accessory to bakery, bagel, candy, coffee, ice cream, popcorn, nuts, frozen desserts, pastries, sandwich, soup, and soft drink sales provided that:

      1.   No accessory drive-through facilities shall be permitted.

      2.   No sale or consumption of on-/off-sale liquor shall be permitted.

      3.   The area dedicated to seating shall be limited to three hundred (300) square feet of floor area.

      4.   Adequate off street parking and off street loading shall be provided in compliance with chapters 19 and 20 of this title.

      5.   Only one business in a multiple tenant building may obtain an administrative permit for accessory seating.

   F.   Temporary outdoor sales, not including mobile food units, provided that:

      1.   The sales are directed towards the general public and includes grand openings, warehouse sales, sidewalk sales, inventory reduction or liquidation sales, distressed merchandise sales, and seasonal merchandise sales such as cut evergreen trees, boughs, wreaths and other natural holiday decorations and related products, sales of produce, other licensed transient sales, and displays of materials that are typically not sold or serviced on the site.

      2.   The maximum total time for temporary outdoor sales shall be the period specified in the administrative permit and, in no case, shall exceed ninety (90) days per calendar year per property.

      3.   Temporary outdoor sales may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access with a minimum setback of ten feet (10') required from property lines.

      4.   Hours of operation for the temporary outdoor sales shall be limited to 7:00A.M. to 10:00P.M. each day.

      5.   Tents, stands, and other similar temporary structures may be utilized, provided they are clearly identified on a site plan.

      6.   A site plan shall be submitted that demonstrates that adequate off-street parking as required by chapter 19 of this title will be provided for the duration of the temporary outdoor stales and it is determined by the zoning administrator that the activity will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site.

      7.   Signage related to the temporary outdoor sales shall comply with chapter 23 of this title and shall be allowed only for the duration of the event.

      8.   The approved permit shall be displayed on the premises for the duration of the temporary outdoor stales.

   G.   Temporary structures as regulated by chapter 28 of this title.

   H.   Daycare facilities as an accessory use provided that the use complies with the provisions of chapter 31 of this title.

   I.   Unattended outdoor receptacles for accepting donations to an organization as a secondary use:

      1.   There shall not be more than one outdoor donation receptacle per property.

      2.   The location of the donation receptacle shall be clearly indicated on the site plan and reviewed at the time of application for an administrative permit.

      3.   The donation receptacle shall be located upon a concrete or asphalt surface directly abutting the principal building and shall not impede vehicle and pedestrian circulation within the site or encroach into any:

         a.   Public right of way.

         b.   Required principal building setback.

         c.   Required parking stall or drive aisle.

         d.   Private pedestrian sidewalk reducing its width to less than three feet (3').

      4.   The footprint of the donation receptacle shall not exceed twenty four (24) square feet.

      5.   The height of the donation receptacle shall not exceed seven feet (7') in height.

      6.   Any signage shall be affixed to the side(s) of donation receptacle and shall not exceed fifty percent (50%) of the area per side of the donation receptacle; contact information for the owner shall also be displayed on at least one side of the donation receptacle.

      7.   The donation receptacle must be maintained so as to be secure, not have graffiti and otherwise free from damage and in good repair so as not to cause a public nuisance.

      8.   Items shall not be left outside of the donation receptacle and the property owner shall be responsible to provide for daily inspection to ensure compliance.

      9.   Noncompliance with the requirements of this subsection H or any stipulations of approval may result in revocation of the administrative permit and require immediate removal of the donation receptacle. (Ord. 867, sec. 108, 5-17- 2010; amd. Ord. 888, 2-21-2012; Ord. 897, 12-3-2012; Ord. 913, 11-4-2013; Ord. 1031, 6-1-2020; Ord. 1052, sec. 34, 9-7-2021; Ord. 1078, 6-5-2023; Ord. 1080, 6-5-2023)

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

 

 

(Ord. 867, sec. 108, 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 C-1 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. 867, sec. 108, 5-17-2010)