The purpose of the O-P district is to provide for the establishment of business offices, wholesale showrooms, and related uses in an environment which provides a high level of amenities, including landscaping, preservation of natural features, architectural controls, pedestrian trails, and other features. (Ord. 867, sec. 112, 5-17-2010)

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

   A.   Commercial printing establishments.

   B.   Cannabis Businesses: Cultivator (including medical), manufacturer (including medical and low-potency hemp edible), mezzobusiness, testing facility, and wholesaler meeting the performance standards in chapter 38 of this title.

   C.   Conference centers.

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

   E.   Hotels.

   F.   Reserved.

   G.   Laboratories, research and development facilities.

   H.   Offices, general and medical.

   I.   Radio and television stations.

   J.   Trade, postsecondary schools, and adult education facilities.

   K.   Wholesale showrooms.

In addition to other uses specifically identified elsewhere in this title, the following are permitted accessory uses in the O-P 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.   Community gardens as regulated by section 11-18-15 of this title. (Ord. 958, 3-21-2016)

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

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

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

   F.   Off street parking as regulated by chapter 19 of this title.

   G.   Outdoor storage subject to the provisions of section 11-75-13.J of this title.

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

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

   J.   Sexually oriented uses, accessory.

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

   L.   Solar energy systems as regulated by chapter 29 of this title. (Ord. 867, sec. 112, 5-17-2010; amd. Ord. 958, 3-21-2016; Ord. 1052, sec. 39, 9-7-2021; Ord. 1089, sec. 114, 5-6-2024)

In addition to other uses specifically identified elsewhere in this title, the following are conditional uses in an O-P 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.   Commercial kennels for dogs, cats, and other domestic animals accessory to an allowed principal use, provided that:

   B.   Commercial recreation facilities, provided that:

      1.   The architectural appearance and function plan of the building and the site shall be designed with a high standard of architectural and aesthetic compatibility with surrounding properties. Building materials, orientation, colors, height, roof design, lighting, signage and site landscaping shall be designed to complement the surrounding properties and demonstrate potential reuse as allowed in this district. All sides of the principal and accessory structures are to have essentially the same or a coordinated, harmonious exterior finish treatment.

      2.   A commercial recreational use shall not be located within a shared tenancy building containing a use classified as an "H" occupancy as defined by Minnesota State Building Code, as may be amended.

      3.   In multiple-occupancy buildings, a Material Safety Data Sheet (MSDS) shall be required identifying all materials stored or used in the operation of the tenant businesses. Any change in building tenants shall require that the MSDS be updated and provided to all other tenants in the multi-tenant building.

      4.   A commercial recreational use in a shared tenancy building shall have its own exterior entrance and exit.

      5.   The site must be accessed via a collector street. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with chapter 19 of this title and shall be subject to the approval of the City Engineer.

   C.   Compounding, assembly, or packaging of products and materials, provided that:

      1.   The proposed use is not a waste facility.

   D.   Cannabis Businesses: Transporter and delivery service meeting the performance standards in chapter 38 of this title.

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

   F.   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.

   G.   Fitness centers and health clubs provided that:

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

      2.   The total number of stations shall not exceed one per one hundred (100) square feet of gross floor area.

      3.   The use is located and developed so as not to create an incompatible operation problem with adjoining and neighboring commercial and/or residential uses.

      4.   Hours of operation shall be limited to five o’clock (5:00) A.M. to eleven o’clock (11:00) P.M. unless otherwise allowed by the City Council.

   H.   Governmental and public utility buildings and structures, other than City of Lakeville.

   I.   Hospitals.

   J.   Indoor limited retail sales and service accessory to office/manufacturing uses, provided that:

      1.   Location:

         a.   All sales are conducted in a clearly defined area of the principal building reserved exclusively for retail sales. Said sales area must be physically segregated from other principal activities in the building.

         b.   The retail sales area must be located on the ground floor of the principal building.

      2.   Sales Area: The retail sales and service activity shall not occupy more than fifteen percent (15%) of the gross floor area of the building.

      3.   Access: The building where such use is located has access without the necessity of using residential streets.

      4.   Hours: Hours of operation are limited to six o’clock (6:00) A.M. to ten o’clock (10:00) P.M.

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

   L.   Warehousing and self-storage facilities, provided that:

      1.   The proposed use is not a waste facility.

   M.   Light manufacturing that is fifty percent (50%) of the principal building floor area or greater, provided that:

      1.   The use does not generate exterior smoke, dust, odor, fumes or noise emissions.

      2.   The use shall comply with all applicable exterior building materials and landscaping requirements of the O-P District.

      3.   There shall be no outdoor storage allowed as a principal or accessory use.

      4.   The proposed use is not a waste facility as regulated by this Code.

   N.   Breweries with or without taprooms.

   O.   Distilleries with or without tasting rooms.

(Ord. 867, sec. 112, 5-17-2010; amd. Ord. 897, 12-3-2012; Ord. 924, 7-7-2014; Ord. 1010, 5-20-2019; Ord. 1018, 11-18-2019; Ord. 1031, 6-1-2020; Ord. 1078, 6-5-2023; Ord. 1080, 6-5-2023; Ord. 1080, 7-17-2023; Ord. 1089, sec. 115, 5-6-2024; Ord. 1092, 9-16-2024; Ord. 1098, 1-21-2025)

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

   A.   Accessory, enclosed temporary (exceeding 30 days) retail, rental, or service activity other than that allowed as a permitted use or conditional use within this section, provided that:

      1.   Such use is allowed as a permitted use in a commercial district.

      2.   Such use does not constitute more than twenty five percent (25%) of the gross floor area of the principal building.

   B.   Temporary commercial structures, as regulated by chapter 28 of this title.

   C.   Uses as allowed in the I-1 district existing as of May 17, 2010.

      1.   The interim use shall terminate upon redevelopment or subdivision of the property for a use allowed within the O-P district or as provided for by section 11-5-7 of this title.

   D.   WECS that exceed the height limit of this district, as regulated by chapter 29 of this title. (Ord. 867, sec. 112, 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 an O-P district by administrative permit:

   A.   Connection of principal buildings across a property line for interior pedestrian or vehicle use, provided that:

      1.   The exterior materials for the structure connecting the principal buildings shall be consistent with the materials used for the principal buildings and shall comply with Section 11-17-9D of this title.

      2.   Setbacks:

         a.   Except for the structure connecting the principal buildings, each principal building shall comply with the setback requirements within each lot.

         b.   The structure connecting the principal buildings shall not encroach upon a required front yard or the required side yard of a corner lot.

      3.   The property owner(s) shall execute an agreement in a form approved by the City Attorney to be recorded with each lot for the structure connecting the principal buildings that includes, but is not limited to, provisions that address:

         a.   Responsibilities for maintenance and repair to the structure connecting the principal buildings.

         b.   Provision of utilities including temperature control, water, and/or electricity.

            (1)   Water service to the structure connecting the principal buildings shall be extended from the City water meter of one (1) of the connected principal buildings.

         c.   Removal of the structure connecting the principal buildings and termination of the agreement.

   B.   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.

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

      1.   Lot Requirements: The lot shall conform to the minimum design and performance standards of section 11-75-13 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.

   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.   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.

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

   G.   WECS that comply with the height limit of this district, as regulated by chapter 29 of this title.

   H.   Daycare facilities as an accessory use provided that the use complies with the provisions of chapter 31 of this title. (Ord. 867, sec. 112, 5-17-2010; amd. Ord. 897, 12-3-2012; Ord. 1052, sec. 38, 9-7-2021; Ord. 1078, 6-5-2023; Ord. 1080, 6-5-2023)

The following minimum requirements shall be observed in the O-P district subject to additional requirements, exceptions and modifications set forth in this title:

   A.   Site Plan Requirements: In addition to the requirements as specified in chapter 9 of this title, the following information shall be provided unless an exception is granted by the zoning administrator:

      1.   Detailed description of maintenance procedures and grounds supervision.

      2.   Detailed phasing plan showing future additions, if area will be developed a portion at a time.

   B.   Lot Requirements And Setbacks:

 

 

   C.   Building Height: 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 O-P district shall exceed the following height:

      1.   Principal buildings: Six (6) stories or sixty five feet (65'), whichever is less.

      2.   Accessory buildings: As regulated by subsection 11-18-9C of this title.

   D.   Building Type And Construction: All building materials and construction must be in conformance with section 11-17-9 of this title.

   E.   Parking: Any off-street parking located within a front yard or the side yard of a corner lot abutting a public right-of-way shall be screened from the street and from adjoining property in conformance with the provisions of sections 11-21-5 and 11-21-9 of this title.

   F.   Loading: Any structure erected or altered for a use which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, shall provide off street loading space in conformance with the provisions of chapter 20 of this title and the following additional requirements:

      1.   A detailed off street loading plan including berths, area, and access shall be submitted to the zoning administrator for review and approval prior to issuance of a building permit.

      2.   The location of the loading area shall not be in the front of the building.

      3.   All areas intended to be used for loading including access shall be surfaced with bituminous materials or concrete.

   G.   Waste And Recycling Receptacles: All waste and recycling receptacles shall be stored within the principal structure or within an accessory enclosure area, totally screened from eye level view. Screening shall be at least six feet (6') in height and provide a minimum opacity of eighty percent (80%). All enclosures and receptacles shall be kept in a good state of repair and waste receptacles shall include secure lids or covers to properly contain the waste. All waste and recycling receptacles not contained within principal structures shall be enclosed in conformance with the following:

      1.   Exterior wall treatment shall be similar and/or complement the principal building.

      2.   The enclosure shall be located in the rear or side yard and comply with setback requirements.

      3.   The enclosure must be accessible to waste and recycling collection vehicles.

   H.   Landscaping: A detailed landscaping plan in conformance with chapter 21 of this title shall be submitted to the zoning administrator and approved before a building permit may be obtained.

   I.   Usable Open Space: Every effort shall be made to preserve natural stormwater basins and features of the land to create passive open spaces.

   J.   Outdoor Storage: Outdoor storage is a permitted accessory use under the following conditions:

      1.   The storage area is in compliance with chapter 22 of this title.

      2.   The area is fully fenced, screened and landscaped from adjacent properties according to a plan approved by the zoning administrator and a landscape security as determined by the zoning administrator is provided.

      3.   Storage area shall be limited to a maximum of twenty percent (20%) of the gross lot area.

      4.   Storage area shall be in the rear yard only and set back thirty feet (30') from all property lines.

      5.   The storage area is surfaced with bituminous materials to control dust.

      6.   The storage does not include any waste, except as provided in section 11-18-11 of this title.

   K.   Signage: A comprehensive sign plan must be submitted in conformance with chapter 23 of this title. (Ord. 867, sec. 112, 5-17-2010; amd. Ord. 958, 3-21-2016; Ord. 1065, 4-4-2022)