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Lakeville City Zoning Code

CHAPTER 97

P-OS, PUBLIC AND OPEN SPACE DISTRICT

11-97-1: PURPOSE:

The purpose of the P-OS, public and open space district is to provide for a specific zoning district allowing facilities devoted to serving the public. It is unique in that the primary objective of uses within this district is the provision of services, frequently on a nonprofit basis, rather than the sale of goods or services. It is intended that uses within such a district will be compatible with adjoining development, and they normally will be located along arterial or major collector streets with full availability of urban services. (Ord. 867, sec. 117, 5-17-2010)

11-97-3: PERMITTED USES:

In addition to other uses specifically identified elsewhere in this title, the following are permitted uses in a P-OS district:
   A.   Governmental utility buildings, public maintenance buildings and structures necessary for the health, safety and general welfare of the community, city of Lakeville only.
   B.   Park and ride facilities; public facilities only.
   C.   Parks, trails, play fields, playgrounds and directly related buildings and structures, city of Lakeville only.
   D.   Public civic or cultural buildings, such as libraries, public administration buildings, fire stations, police department buildings and historical developments, city of Lakeville only. (Ord. 867, sec. 117, 5-17-2010)

11-97-5: PERMITTED ACCESSORY USES:

In addition to other uses specifically identified elsewhere in this title, the following are permitted accessory uses in a P-OS district:
   A.   Accessory uses and buildings incidental and customary to uses allowed as permitted, conditional, interim and administrative permits in this chapter. (Ord. 867, sec. 117, 5-17-2010)
   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 parking and off street loading as regulated by chapters 19 and 20 of this title, but not including semitrailer trucks, except in designated loading areas not to exceed four (4) hours.
   F.   Secondary or accessory use antennas or satellites as regulated by chapter 30 of this title.
   G.   Signs as regulated by chapter 23 of this title.
   H.   Solar energy systems as regulated by chapter 29 of this title. (Ord. 867, sec. 117, 5-17-2010; amd. Ord. 958, 3-21-2016)

11-97-7: CONDITIONAL USES:

In addition to other uses specifically identified elsewhere in this title, the following are conditional uses in a P-OS 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.   Automobile parking lots, city of Lakeville only, as a principal use provided that:
      1.   The parking lot shall be subject to the requirements for commercial lots established by subsection 11-19-7I 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.   Governmental utility buildings, public maintenance buildings and structures necessary for the health, safety, and general welfare of the community, other than the City of Lakeville.
   D.   High schools having a regular course of study accredited by the state of Minnesota or facilities with, as a principal use: 1) early childhood education courses, 2) adult and youth community education classes and programs administered by public independent school districts, or 3) public independent school district administrative offices.
   E.   Parks and recreational areas owned or operated by public bodies other than the city of Lakeville.
   F.   Personal wireless service antennas and telephone antennas not located on an existing structure or tower, as regulated by chapter 30 of this title.
   G.   Public civic auditoriums, indoor recreation centers, arenas or other facilities, city of Lakeville only, with an event seating capacity of more than three hundred (300) persons, provided that:
      1.   Access to the facility shall be provided only from a major collector or arterial street at intersections compliant with the requirements of subsection 11-19-7I6 of this title.
   H.   Retail sale of food and beverages (including liquor), except for licensed mobile food units as regulated by Title 3, Chapter 23 of the city code and City Park Polices, within Antlers Park, provided that:
      1.   Food and beverage operators shall obtain all required food and liquor licenses prior to any sale.
      2.   Operating season shall be limited to May 15th through September 15th unless an extended season is approved of the City Council.
      3.   ll food and beverage sales (including liquor) shall be limited to the hours of operation of 11:00 a.m. and 9:00 p.m. unless extended hours are approved by the City Council.
      4.   All food and beverages (including liquor) shall be sold from a permanent or semi-permanent structure including, but not limited to, customized metal shipping containers, meeting the following design standards:
         a.   The sides of the structure shall include exterior finish materials that are complementary to existing park structures and/or historic theme of Antlers Park.
         b.   The exterior finish shall consist of at least sixty five percent (65%) grade A, B, or C materials and up to thirty five percent (35%) grade D, E or F materials as listed in section 11-17-9.B of this title.
      5.   Signage shall be limited to one wall sign per structure not to exceed fifty (50) square feet. Painted signage may be considered as complementary to the historic theme of Antlers Park.
      6.   Any installed patio shall be in compliance with section 3-1-8-14.C of this code. (Ord. 867, sec. 117, 5-17-2010; amd. Ord. 893, 8-6-2012; Ord. 1015, 8-5-2019; Ord. 1072, 10-19-2022)

11-97-9: INTERIM USES:

In addition to other uses specifically identified elsewhere in this title, and subject to applicable provisions of this chapter, the following are interim uses in the P-OS district and are further governed by chapter 5 of this title:
   A.   Satellite TVROs greater than one meter (1 m) in diameter as regulated by chapter 30 of this title.
   B.   Temporary classroom type structure for use by public institutions.
   C.   WECS exceeding the height limit of this district, as regulated by chapter 29 of this title. (Ord. 867, sec. 117, 5-17-2010)

11-97-11: USES BY ADMINISTRATIVE PERMIT:

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 P-OS 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.   Personal wireless service antennas located upon an existing structure or tower or temporary mobile tower as regulated by chapter 30 of this title.
   C.   Temporary structures as regulated by chapter 28 of this title.
   D.   WECS that comply with the height limit of this district, as regulated by chapter 29 of this title. (Ord. 867, sec. 117, 5-17-2010)

11-97-13: DESIGN STANDARDS:

The architectural appearance and functional design of the building and site shall maintain a high standard of architectural and aesthetic compatibility with surrounding uses so as to positively reflect the desired community character. All sides of the principle and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment and shall comply with section 11-17-9 of this title, except as allowed by section 11-97-7.H.6 of this title. (Ord. 867, sec. 117, 5-17-2010; amd. Ord. 1072, 10-19-2022)

11-97-15: LOT REQUIREMENTS AND SETBACKS:

The following minimum requirements shall be observed in a P-OS district subject to additional requirements, exceptions and modifications set forth in this title:
   A.   Parks, trails, play fields, and playgrounds:
 
Lot area
 
None
Lot width
 
None
Setbacks (buildings only):
 
 
 
Front yards
 
30 feet
 
Rear yards
 
30 feet
 
Side yards
 
10 feet; 30 feet abutting R district or public right of way
 
   B.   All other uses:
 
Lot area
 
20,000 square feet
Lot width
 
100 feet
Setbacks:
 
 
 
Front yards
 
30 feet
 
Rear yards
 
30 feet
 
Side yards
 
10 feet; 30 feet abutting R district or public right of way
 
(Ord. 867, sec. 117, 5-17-2010)

11-97-17: 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 P-OS district shall exceed the following height:
   A.   Principal buildings: No height limit.
   B.   Accessory buildings: As regulated by subsection 11-18-9C of this title. (Ord. 867, sec. 117, 5-17-2010)