HomeMy WebLinkAbout0897SUMMARY ORDINANCE NO. 897
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLES 3 (BUSINESS AND LICENSE
REGULATIONS), 10 (SUBDIVISION ORDINANCE), AND 11 (ZONING ORDINANCE)
OF THE LAKEVILLE CITY CODE
This ordinance amends Titles 3, 10 and 11 of the Lakeville City Code. Amendments
have been made to the following chapters of the City Code:
Title 3 (Business and License Regulations)
Chapter 21 (Dynamic Display Signs)
Title 10 (Subdivision Ordinance)
Chapter 1 -6 (Definitions)
Chapter 4 -3 (Streets and Alleys)
Title 11 (Zoning Ordinance)
Chapter 2 -3 (Definitions)
Chapter 16 -25 (Noise)
Chapter 17 -9 (Building Type and Construction)
Chapter 17 -19 (Minimum Lot Area, Unsewered Lots)
Chapter 21 -5 (Fences)
Chapter 21 -9 (Required Screening and Landscaping)
Chapter 23 -15 (General Sign Regulations)
Chapter 23 -17 (Prohibited Signs)
Chapter 27 -3 (Model Home Qualifications)
Chapter 31 -5 (Daycare General Provisions)
Chapter 35 -3 (Keeping Animals)
Chapter 35 -5 (Animal Feedlots)
Chapter 70 -7 (O -R District Conditional Uses)
Chapter 70 -11 (O -R District Uses by Administrative Permit)
Chapter 71 -7 (C -1 District Conditional Uses)
Chapter 71 -11 (C -1 District Uses by Administrative Permit)
Chapter 72 -7 (C -2 District Conditional Uses)
Chapter 72 -9 (C -2 District Interim Uses)
Chapter 72 -11 (C -2 District Uses by Administrative Permit)
Chapter 73 -7 (C -3 District Conditional Uses)
Chapter 73 -9 (C -3 District Interim Uses)
Chapter 73 -11 (C -3 District Uses by Administrative Permit)
Chapter 74 -7 (C -CBD District Conditional Uses)
Chapter 74 -9 (C -CBD District Interim Uses)
Chapter 74 -11 (C -CBD District Uses by Administrative Permit)
Chapter 74 -15 (C -CBD District Lot Requirements and Setbacks)
Chapter 75 -3 (O -P District Permitted Uses)
Chapter 75 -7 (O -P District Conditional Uses)
Chapter 75 -11 (O -P District Uses by Administrative Permit)
Chapter 85 -7 (I -CBD District Conditional Uses)
Chapter 85 -11 (I -CBD District Uses by Administrative Permit)
Chapter 86 -7 (I -1 District Conditional Uses)
Chapter 86 -11 (I -1 District Uses by Administrative Permit)
Chapter 87 -7 (I -2 District Conditional Uses)
Chapter 87 -11 (1 -2 District Uses by Administrative Permit)
A printed copy of the entire ordinance is available for inspection by any person during
the City Clerk's regular office hours.
Approved for publication by the City Council of the City of Lakeville, Minnesota, this 3rd
day of December, 2012.
CITY OF LAKEVILLE
BY: "r'l g--
Mark Bellows, Mayor
ATTEST:
Charlene Friedges, City
ORDINANCE NO. 897
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3 (BUSINESS LICENSING), TITLE 10
(SUBDIVISION ORDINANCE) AND TITLE 11 (ZONING ORDINANCE) OF THE
LAKEVILLE CITY CODE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Title 3 of the City Code is hereby amended to include the following
provisions:
CHAPTER 21
DYNAMIC DISPLAY SIGNS
3 -21 -1:
Purpose and Intent
3 -21 -2:
Definitions
3 -21 -3:
License Required
3 -21 -4:
Issuance of License
3 -21 -5:
Expiration and Renewal of License
3 -21 -6:
Administration and Enforcement
3 -21 -7:
Performance Standards
3 -21 -8:
Severability
3 -21 -1: PURPOSE AND INTENT:
A. The City has established the fundamental basis for the regulation of signs
generally in Section 11 -23 -1 of the City Code.
B. The City finds that dynamic display signs are highly visible from long distances
and at very wide viewing angles both day and night and are designed to attract
the attention of persons in their vicinity and hold it for extended periods of time
and that if the operation of such signs is not regulated, there is potential for
significant harm to public health, safety and welfare.
C. It is not the purpose or intent of this Chapter to regulate the message displayed
on any dynamic sign but to:
1. Allow for operation of dynamic signs in compliance with the standards set
forth in this Chapter to lessen the impact of such signs on the environment
and the public health, safety and welfare.
2. Provide for the administration and enforcement of provisions regulating
the operation of dynamic display signs as set forth in this Chapter.
3 -21 -2: DEFINITIONS: The following words and terms, wherever they occur in
this Chapter, shall be interpreted as herein defined:
APPLICANT: The owner, their agent or person having legal control, ownership and /or
interest in land for which the provisions of this Chapter are being considered or
reviewed.
CHANGEABLE COPY SIGN, ELECTRONIC: A sign or portion thereof that displays
electronic, nonpictorial text information in which each alphanumeric character, graphic,
or symbol is defined by a small number of matrix elements using different combinations
of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices
within the display area. Electronic changeable copy signs include computer
programmable, microprocessor controlled electronic displays. Electronic changeable
copy signs include projected images or messages with these characteristics onto
buildings or objects. Electronic changeable copy signs do not include official signs.
DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or
that appear to change, caused by any method other than physically removing and
replacing the sign or its components, whether the apparent movement or change is in
the display, the sign structure or any other component of the sign. This includes
displays that incorporate technology or methods allowing the sign face to change the
image without having to physically or mechanically replace the sign face or its
components as well as any rotating, revolving, moving, flashing, blinking or animated
display and any display that incorporates rotating panels, LED lights manipulated
through digital input, digital ink or any other method or technology that allows the sign
face to present a series of images or displays.
ELECTRONIC GRAPHIC DISPLAY SIGN: A sign or portion thereof that displays
electronic, static images, static graphics or static pictures, with or without text
information, defined by a small number of matrix elements using different combinations
of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices
within the display area where the message change sequence is accomplished
immediately or by means of fade, repixalization or dissolve modes. Electronic graphic
display signs include computer programmable, microprocessor controlled electronic or
digital displays. Electronic graphic display signs include projected images or messages
with these characteristics onto buildings or other objects.
ILLUMINATED SIGN: Any sign which contains an element designed to emanate
artificial light internally or externally.
2
MULTIVISION SIGN: Any sign composed in whole or part of a series of vertical or
horizontal slats or cylinders that are capable of being rotated at intervals so that partial
rotation of the group of slats or cylinders produces a different image and when properly
functioning allows on a single sign structure the display at any given time one of two (2)
or more images.
OFFICIAL SIGN: Signs of a public noncommercial nature including public notification
signs, safety signs, traffic signs, direction to public facilities when erected by or on
behalf of a public official or employee in the performance of official duty.
SIGN: Any letter, word or symbol, poster, picture, statuary, reading matter or
representation in the nature of advertisement, announcement, message or visual
communication, whether painted, posted, printed, affixed or constructed, including all
associated brackets, braces, supports, wires and structures, which is displayed for
informational or communicative purposes.
VIDEO DISPLAY SIGN: A sign that changes its message or background in a manner or
method of display characterized by motion or pictorial imagery, which may or may not
include text and depicts action or a special effect to imitate movement, the presentation
of pictorials or graphics displayed in a progression of frames that gives the illusion of
motion, including, but not limited to, the illusion of moving objects, moving patterns or
bands of light, or expanding or contracting shapes, not including electronic changeable
copy signs. Video display signs include projected images or messages with these
characteristics onto buildings or other objects.
ZONING ADMINISTRATOR: The person designated by the City Administrator to be the
Zoning Administrator for the City of Lakeville.
3 -21 -3: LICENSE REQUIRED: Display or operation of a dynamic display sign
within the City of Lakeville shall require approval of a valid license issued by the City
pursuant to this Chapter.
3 -21 -4: ISSUANCE OF LICENSE:
A. Application Form: An application for a license must be submitted by the
property owner or their authorized agent on a form provided by the Zoning
Administrator.
B. Fees. The applicant shall pay the license fee as adopted by the City Council by
Ordinance for the application to be accepted.
C. Required Information:
3
1. An application shall be considered complete if it includes the information
required in this section.
2. The application shall include the following information:
a. Names and addresses of the sign contractor and owners of the sign
and lot.
b. Written consent of the owner or lessee of any site on which the sign
is to be erected.
C. The address at which any signs are to be erected.
d. The lot, block and addition at which the signs are to be erected and
the street on which they are to front.
e. Type and size of sign and type of dynamic display.
f. The specifications of the signs related to illumination and
brightness.
g. Specifications for controls needed to regulate the display both for
normal operation and in the event of a malfunction.
h. Any electrical permit required and issued for the sign.
3. The applicant shall provide any and all other information as may be
requested by the Zoning Administrator to determine compliance with this
Chapter.
D. Zoning Administrator Review:
1. The Zoning Administrator shall approve or deny an application for a
license within (60) days of a complete application being submitted with
written notice to be provided to the applicant.
2. Applications found to be in compliance with the requirements of this
Chapter shall be issued a license that shall expire on December 31 of the
same year.
3. The Zoning Administrator shall state in writing the reasons for an
application for a license having been denied. The applicant may resubmit
an application for a license in accordance with the procedures in this
Section or, within ten (10) days of the Zoning Administrator's decision,
submit an appeal in accordance with Section 3- 21 -6.E.3 of this Chapter.
in
E. Transferability: Licenses are issued to the applicant only and for one location,
and such licenses are nontransferable between property owners, tenants or
locations.
3 -21 -5: EXPIRATION AND RENEWAL OF LICENSE:
A. All licenses expire on December 31 of each year.
B. Each license may be renewed only by making application as provided in Section
3 -21 -4 of this Title.
C. Application for renewal shall be made at least sixty (60) days before the
expiration date.
D. Each renewal license shall be issued for a maximum period of one (1) year.
3 -21 -6: ADMINISTRATION AND ENFORCEMENT:
A. This Chapter shall be administered by the Zoning Administrator.
B. Inspections.
1. Any licensee shall, at all times during the term of the license, allow the
Zoning Administrator to enter the premises for the purpose of verifying
compliance with the requirements of this Chapter.
2. The licensee shall provide certification as to compliance with Section 3 -31-
7.6.5 of this Chapter to the City upon request by the Zoning Administrator.
C. Suspension. The Zoning Administrator may suspend a license for a period not to
exceed thirty (30) days following written notice and an opportunity to be heard if
the Zoning Administrator determines that a licensee has violated or is not in
compliance with this Chapter.
D. Revocation:
1. Notice: The Zoning Administrator shall issue a written statement of intent
to revoke a license if a cause of suspension in Section 3- 21 -6.D.2 of this
Chapter occurs.
2. Basis For Revocation: The Zoning Administrator may initiate action to
revoke a license if the Zoning Administrator determines that:
a. The license has been suspended two (2) times within the preceding
twelve (12) months.
5
b. A licensee has knowingly operated an electronic sign during a
period of time when the licensee's license was suspended.
C. A licensee is delinquent in payment to the City for ad valorem taxes
or other taxes or fees related to business.
3. Process:
a. Within ten (10) days of receipt of such notice of suspension or
intent to revoke, the licensee may provide to the Zoning
Administrator, in writing, a response that shall include a statement
of reasons why the license should not be suspended or revoked.
b. Within three (3) days of the receipt of licensee's written response,
the Zoning Administrator shall notify respondent in writing of the
hearing date on licensee's suspension, or revocation proceeding.
C. Appeal and Hearing:
(1) Within thirty (30) working days of the receipt of licensee's
written response, the City Council shall conduct a hearing on
licensee's appeal of the Zoning Administrator's decision.
(2) Hearings on the appeal shall be open to the public and the
licensee or applicant shall have the right to appear and be
represented by legal counsel and to offer evidence in its
behalf.
(3) At the conclusion of the hearing, the City Council shall make
a final decision.
(a) If a response is not received by the City in the time
stated or, if after the hearing, the City Council finds
that grounds as specified in this Chapter exist for
suspension or revocation, then such suspension or
revocation shall become final three (3) days after the
City sends written notice that the license has been
suspended, or revoked. Such notice shall include a
statement advising the applicant or licensee of the
right to appeal such decision to a court of competent
jurisdiction.
(b) If the City Council finds that no grounds exist for
denial, suspension, or revocation of a license, then
within three (3) days after the hearing, the Zoning
Administrator shall withdraw the intent to suspend or
2
revoke the license, and shall so notify the licensee in
writing of such action.
3 -21 -7: PERFORMANCE STANDARDS:
A. Allowed Signs: Only those dynamic display signs defined and identified herein
shall be allowed to be operated within the City in accordance with this Chapter
and the Zoning Ordinance:
1. Electronic changeable copy signs.
2. Electronic graphic display signs.
B. The operation of a dynamic display sign allowed by this Chapter shall conform to
the following requirements:
1. The display shall change display not more often than once every one (1)
minute.
2. The display sign shall not include scrolling, flashing, animation, or other
effects that create a traffic hazard.
3. The display must be static and the transition from one static display to
another must be instantaneous without any special effects.
4 The display must be complete in themselves, without continuation in
content to the next image or message.
5. Brightness:
a. The brightness of the sign shall not exceed 5,000 NITS after
sunrise and before sunset or 500 NITS after sunset and before
sunrise each day.
b. The sign shall be equipped with an automatic dimmer control or
other mechanism that automatically controls the sign's brightness
to comply with this condition.
6. Malfunctions:
1. The display must be designed and equipped to freeze the device in
one position if a malfunction of the electronic display occurs.
2. The display must also be equipped with a means to immediately
discontinue the display if it malfunctions, and the sign owner must
7
immediately stop the electronic display when notified by the City
that it is not complying with the stipulations of this section.
7. The sign shall comply with Chapter 23 of the Zoning Ordinance.
3 -21 -8: SEVERABILITY: If any section, sentence, clause or phrase of this
chapter is for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this chapter. The city council hereby declares that it would
have adopted the Chapter and each subsection, sentence, clause, or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses
or phrases be declared invalid.
Section 2. Section 10 -1 -6 of the City Code is hereby amended to revise the
following definition:
OUTLOT: A parcel of land included in a plat identified by a capital letter and is land that
is not part of a block.
Section 3. Section 10- 4 -3.D.2 of the City Code is hereby amended to read as
follows:
2. The temporary cul -de -sac must be placed inside a temporary roadway
easement if it is located outside street right of way.
Section 4. Section 10- 4 -3.D.4 of the City Code is hereby amended to read as
follows:
4. The developer shall submit a cash escrow in an amount as determined by
the City Engineer for removal of the temporary cul -de -sac and restoration
of the area limited to placement of sod and asphalt driveway within the
temporary roadway easement.
Section 5. Section 11 -2 -3 of the City Code is hereby amended to revise the
following definition:
OUTLOT: A parcel of land included in a plat identified by a capital letter and is land that
is not part of a block.
Section 6. Section 11 -16 -25 of the City Code is hereby amended to read as
follows:
N .
11- 16 -25: NOISE: Noises emanating from any use shall be in compliance with and
regulated by the Minnesota Pollution Control Agency in accordance with Minnesota
Statutes and Rules, but in no case shall noise emanations constitute a nuisance as
defined and regulated by the City Code.
Section 7. Section 11- 17- 9.B.1.a of the City Code is hereby amended to read
as follows:
a. Brick or custom masonry units (CMU) having a brick -like
appearance.
Section 8. Section 11- 17 -9.D of the City Code is hereby amended to read as
follows:
D. Commercial, Office And Institutional Uses: The exterior of commercial, office
and institutional buildings shall include a variation in building materials and forms
to be distributed throughout the facade and coordinated into the design of the
structure to create an architecturally balanced appearance and shall comply with
the following requirements:
1. Commercial Districts (except O -P District):
a. The exterior building finish shall use at least three (3) grade A
materials.
b. The exterior building finish shall be composed of at least sixty five
percent (65 %) grade A materials; not more than thirty five percent
(35 %) grade B or grade C material and not more than ten percent
(10 %) grade D materials.
2. O -P District Uses And All Institutional Uses Regardless of Zoning District:
a. The exterior building finish shall be composed of at least sixty -five
percent (65 %) grade A materials and /or integral color architecturally
precast concrete panels with a form liner, tooled, natural stone
veneer, brick face and /or cast stone type finish, not more than
thirty -five percent (35 %) other grade B and grade C materials and
not more than ten percent (10 %) grade D materials.
3. All sides of the principal and accessory structures are to have essentially
the same or coordinated harmonious exterior finish treatment.
Section 9. Section 11- 17 -19.0 of the City Code is hereby amended to read as
follows:
0
C. Commercial And Industrial Buildings And Uses: Subject to the other provisions
of this Title, commercial and industrial uses, as allowed within the respective
zoning districts, may be allowed on unsewered lots that are not within the current
Municipal Urban Service Area (MUSA) defined by the Comprehensive Plan or on
unsewered lots within the current MUSA where public sanitary sewer is not
available to the property to allow connection as determined by the City Engineer
by interim use permit, provided that:
1. Except as herein provided, the minimum lot size for each principal use is
ten (10) acres. The minimum lot size shall not apply to smaller separate
parcels of record in separate ownership lawfully existing prior to
November 7, 1977, provided the conditions of the conditional use permit
are met.
2. An interim use permit shall not be granted unless it can be demonstrated
by means satisfactory to the city that the use:
a. Will not result in groundwater, soil or other contamination which
may endanger the public health.
b. Will not increase future city utility service demands and expense.
C. Will not jeopardize public safety and general welfare.
3. The interim use permit shall terminate upon the property being included in
the MUSA and where public sanitary sewer is available to the property to
allow connection as determined by the City Engineer in addition to the
provisions of Section 11 -5 -7 of this Title.
Section 10. Section 11- 21- 5.F.4.a of the City Code is hereby amended to read
as follows:
a. Within front yards, side yards of a corner lot or rear yards of a double
frontage lot abutting a public right of way the fence shall not exceed forty
eight inches (48 ") in height and shall be at least seventy five percent
(75 %) open space for the passage of air and light, except as allowed by
subsection F4b of this section.
Section 11. Section 11- 21- 5.F.4.b(1) of the City Code is hereby amended to
read as follows:
(1) The fence shall be set back ten feet (10
from the property line abutting a public
right -of -way on lots of record and
10
preliminary platted lots having legal
standing established after January 1, 1994,
except where additional setback is required
by section 11- 21 -5.E of this section.
Section 12. Section 11- 21 -9.C.1 of the City Code is hereby amended to read as
follows:
1. Minimum Size: All plants must at least equal the following minimum size in
conformance with American Nursery Association standards measured from the
top of the ball or container to the top of the tree /shrub or bottom of the evergreen
leader as shown below:
f
j Balled And
Burlapped/Container
Shade trees
2 1 /2 inch diameter
Ornamental trees (flowering crabs, hawthorn serviceberry, etc.) 2 inch diameter
6 - 7 foot, clump form
Coniferous evergreen trees 8 feet
Tall shrubs and hedge material (evergreen or deciduous) F 3 - feet
Low shrubs: i
o-
Deciduous
18 - 24 inch
r Coniferous evergreen
i
18 - 24 inch
i Spreading coniferous evergreen
18 24 inch spread
11
Ca1ipar r*
Tme and Shrub
Merement
Section 13. Section 11- 21 -9.E.1 of the City Code is hereby amended to read as
follows:
1. Lot And Setback Requirements:
a. For double frontage lots, the following standards shall apply:
RS -1 RS -2 RS -3 RS -4 RST -1 ;RST -2
E i
Lot depth 170' 170'�l 150 150' [` 150' 150'
3 ( t I 1
b. For corner lots where the side yard abuts the major collector or
arterial street, the following standards shall apply:
12
OrAmacrafal Tffi= C4'!WlkL6W T�=
S
RS 2
RS -3
RS 4
RST -1
RST -2
j
Lot width 130'
130
110'
110'
110'
i l�l
12
OrAmacrafal Tffi= C4'!WlkL6W T�=
C. For lots preliminary platted after February 16, 1999, the following
setback requirements shall apply to the yard of a lot abutting a
major collector or arterial street:
RS -1 RS -2 RS -3 RS -4 RST -1 ` RST -2 RM - RM - RH - RH -
' � I
Side yard i 40' 40' 30' 30' 30' 30' 50' 50' 50' 50'
Rear yard 50 50 50 50 50 50 50 50 50 50
Section 14. Section 11- 21- 9.E.6.a of the City Code is hereby amended to read
as follows:
a. Buffer Yards: Except where natural vegetation is acceptable, buffer
yards shall contain a combination of earth berms, plantings, or
privacy fencing of a sufficient density to provide a minimum visual
screen and a reasonable buffer a minimum height of ten (10) feet:
(1) The height of the buffer yard shall be measured along a line
drawn at the back of the curb of the roadway, or the edge of
bituminous, to the ground elevation at the rear line of the
building pad to the height of the plantings to be installed as
defined by this Section.
(2) Where the grade elevation of the first floor of the building for
which the buffer is providing protection is more than ten feet
(10') above the grade of an adjacent major collector or
arterial street, the minimum screening height requirements of
this section shall not apply.
(3) Where the grade elevation of the first floor of the building for
which the buffer is providing protection is more than six feet
(6') below the centerline grade of an adjacent major collector
or arterial street, the minimum screening height
requirements shall be reduced by four feet (4') along major
collector or arterial streets.
Section 15. Section 11- 21- 9.E.6.d of the City Code is hereby amended to read
as follows:
13
d. Earth Berms: Earth berms within designated buffer yards shall adhere to
the following:
(1) The slope of the earth berm shall not exceed a three to one (3:1)
slope unless approved by the city engineer.
(2) The earth berm shall contain no less than four inches (4 ") of topsoil.
Section 16. Section 11- 23 -151 of the City Code is hereby amended to read as
follows:
F. Illuminated Signs:
Illuminated signs shall be shielded to prevent lights from being
directed at oncoming traffic in such brilliance that it impairs the
vision of the driver and may not interfere with or obscure traffic
signs or signals. Lighting may not illuminate any adjacent
properties, buildings, or streets.
2. No sign incorporating LED lighting may be illuminated in any way
so as to exceed a maximum intensity of five thousand (5,000) NITS
during daylight hours or five hundred (500) NITS from sunset to
sunrise measured at the sign face at maximum brightness.
3. Signs using fluorescent, neon or incandescent light sources shall
not exceed twelve (12) watts per square foot of sign surface area.
4. All signs incorporating LED lighting installed after December 3,
2012 shall be equipped with a mechanism that automatically
adjusts the brightness to ambient lighting conditions to conform to
the requirements of this Section.
5. The owner of any LED illuminated sign shall provide certification as
to compliance with Section 11- 23- 15.F.2 and 3 of this Title to the
City upon request by the Zoning Administrator.
Section 17. Section 11-23-15.K of the City Code is hereby amended to read as
follows:
K. All exterior mounted signs shall be constructed of high quality materials,
durable and resistant to fading, cracking, chipping, peeling or other forms
of extreme wear and except within the C -CBD District shall not be applied
with paint directly onto the exterior surface of the building.
14
Section 18. Section 11- 23- 15.M.1 of the City Code is hereby amended to read
as follows:
1. Freestanding signs:
a. The height of the sign shall be measured from the ground at the base to
the highest -most part of the structure.
b. On commercial and industrial properties with an elevation below that of
the centerline of the adjacent street, measured at the closest distance
between the sign location and centerline of the street, the height of a
freestanding sign may increase to be not more than the allowed height of
a freestanding sign within the applicable district above the centerline
elevation of the street with a total height not to exceed more than ten (10)
feet above the maximum height of the applicable district.
Section 19. Section 11- 23 -15.T of the City Code is hereby amended to read as
follows:
T. Changeable Copy Signs:
1. For commercial and industrial uses, one 40- square foot changeable
copy sign (but not including electronic changeable copy or
electronic graphic display_signs) shall be allowed per site provided
that the changeable copy area of the sign is integrated into the
allowed freestanding sign for the respective zoning district.
2. Within the C -2 and C -3 Districts, one (1) electronic changeable
copy or electronic graphic display sign may be allowed provided
that:
a. Operation: The operation of the electronic sign shall require
issuance of a license pursuant to Section 3 -21 -3 of the City
Code.
15
b. Location.
(1) The sign shall be displayed only in a yard abutting an
arterial, minor expander, minor connector or minor
reliever street, collector or local commercial street as
defined by the Comprehensive Plan.
(2) The sign shall be setback a minimum of fifty (50) feet
from any side or rear lot line abutting a residential
district.
b. Sign Structure:
(1) The electronic changeable copy or graphic display
shall be incorporated as part of the freestanding sign
allowed by Section 11- 23 -19.E of this Title.
(2) The sign including the electronic changeable copy or
graphic display element shall be a monument sign
constructed as follows:
(a) The electronic changeable copy or graphic
display element shall not exceed forty (40)
square feet and shall be integral and
contiguous to the overall sign display.
(b) The sign shall be self- supported vertically by a
solid base extending horizontally for a
minimum of the entire width of the sign face.
(c) The total height of the sign structure including
the base shall not exceed fifteen feet (15').
(d) The sign base and supporting material
constructed of stone, brick, or decorative
masonry shall be equal to at least forty percent
(40 %) of the total allowable sign area, but shall
not be counted toward the sign area and shall
not contain any sign copy.
Section 20. Section 11 -23- 15.X.1 of the City Code is hereby amended add the
following provision:
f. The sign may be illuminated but only an external light source
shall be allowed within residential districts.
16
Section 21. Section 11- 23 -17.H of the Lakeville City Code is hereby amended to
read as follows:
H. Electronic graphic display signs except as allowed by Sections 11-
23- 15.T.2 and 11- 23- 19.H.1.d of this Title.
Section 22. Section 11- 23- 19.H.1.d(2) of the Lakeville City Code is hereby
amended to read as follows:
(2) For city of Lakeville public administration, fire stations, police
department buildings, ice arenas and public maintenance
buildings and ISD 192, ISD 194 and ISD 196 school district
uses only, as allowed by chapter 97 of this title, the
changeable copy sign allowed by this section may utilize
electronic graphic display provided that:
(A) An electronic graphic display sign shall be displayed
only in a yard abutting a minor expander, minor
connector or minor reliever street as defined by the
comprehensive plan.
(B) The operation of the electronic sign shall require
issuance of a license pursuant to Section 3 -21 -3 of
the City Code.
Section 23. Section 11 -27 -3 of the City Code is hereby amended to read as
follows:
11 -27 -3: QUALIFICATION: To qualify for a building permit for a model home, which
may include a temporary real estate office, the following shall be required:
A. Upon receipt of final plat approval and recording building permits may be issued
for model homes and /or temporary real estate offices, provided that the number
of model homes and /or temporary real estate offices shall not exceed the greater
of two (2) buildings or ten percent (10 %) of the lots within the final plat.
B. No certificate of occupancy shall be issued for a model home and /or temporary
real estate office until the infrastructure improvements including the first lift of
asphalt have been completed and approved by the City Engineer.
Section 24. Section 11- 31 -5.F of the City Code is hereby amended to read as
follows:
17
F. Signage: All signing and informational or visual communication devices
shall be regulated by the sign provisions for the district in which the use is
located as set forth in Chapter 23 of this Title.
Section 25. Section 11 -35 -3.13.2 of the City Code is hereby amended to read as
follows:
2. The number of horses does not exceed one (1) per acre or ten (10) animal
units, whichever is less, unless a higher number is granted by the
issuance of an interim use permit.
Section 26. Section 11- 35 -5.B.1 of the City Code is hereby amended to read as
follows:
1. No new animal feedlots shall be established within the City after April 5,
2004 except as allowed by Section 11 -35 -3.13 of this Title.
Section 27. Section 11- 70 -7.D of the City Code is hereby amended to read as
follows:
D. Daycare: Daycare facilities as a principal use provided that the use
complies with the provisions of Chapter 31 of this Title.
Section 28. Section 11 -70 -11 of the City Code is hereby amended to add the
following provision:
E. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
Section 29. Section 11- 71 -7.0 of the City Code is hereby amended to read as
follows:
C. Daycare: Daycare facilities as a principal use provided that the use
complies with the provisions of Chapter 31 of this Title.
Section 30. Section 11 -71 -11 of the City Code is hereby amended to add the
following provision:
G. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
Section 31. Section 11- 72 -7.G of the City Code is hereby amended to read as
follows:
G. Daycare: Daycare facilities as a principal use provided that the use
complies with the provisions of Chapter 31 of this Title.
Section 32. Section 11- 72 -9.A of the City Code is hereby amended to read as
follows:
A. Outdoor service, sale and rental as an accessory use, provided that:
1. Outside services, sales and equipment rental connected with the
principal use is limited to thirty percent (30 %) of the gross floor area
of the principal use.
2. Outside sales areas are fenced or screened from view of
neighboring residential uses or an abutting residential district in
compliance with section 11 -21 -9 of this Title.
3. Sales area is surfaced with asphalt, concrete or pavers to control
dust.
4. The use does not take up parking space as required for conformity
to this title.
5. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the City Council in accordance with
section 11 -5 -7 of this Title.
Section 33. Section 11- 72 -9.B of the City Code is hereby amended to read as
follows:
B. Outdoor storage as an accessory use, provided that:
1. Outside storage connected with the principal use is limited to thirty
percent (30 %) of the gross floor area of the principal use.
2. The storage area is fenced and screened from view of neighboring
residential uses, abutting residential districts and the public right of
way in compliance with Section 11 -21 -9 of this Title.
3. The storage area is surfaced with asphalt, concrete or pavers to
control dust.
19
4. The storage area does not take up parking space as required for
conformity to Chapter 19 of this Title.
5. The storage does not include any waste, except as provided in
Section 11 -18 -11 of this Title.
6. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the city council in accordance with
Section 11 -5 -7 of this Title.
Section 34. Section 11 -72 -11 of the City Code is hereby amended to add the
following provision:
G. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
Section 35. Section 11- 73 -7.G of the City Code is hereby amended to read as
follows:
G. Daycare: Daycare facilities as a principal use provided that the use
complies with the provisions of Chapter 31 of this Title.
Section 36. Section 11- 73 -9.A of the City Code is hereby amended to read as
follows:
A. Outdoor service, sale and rental as an accessory use, provided that:
1. Outside services, sales and equipment rental connected with the
principal use is limited to thirty percent (30 %) of the gross floor area
of the principal use.
2. Outside sales areas are fenced or screened from view of
neighboring residential uses or an abutting residential district in
compliance with section 11 -21 -9 of this Title.
3. Sales area is surfaced with asphalt, concrete or pavers to control
dust.
4. The use does not take up parking space as required for conformity
to this title.
5. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the City Council in accordance with
section 11 -5 -7 of this Title.
20
Section 37. Section 11- 73 -9.13 of the City Code is hereby amended to read as
follows:
B. Outdoor storage as an accessory use, provided that:
1. Outside storage connected with the principal use is limited to thirty
percent (30 %) of the gross floor area of the principal use.
2. The storage area is fenced and screened from view of neighboring
residential uses, abutting residential districts and the public right of
way in compliance with Section 11 -21 -9 of this Title.
3. The storage area is surfaced with asphalt, concrete or pavers to
control dust.
4. The storage area does not take up parking space as required for
conformity to Chapter 19 of this Title.
5. The storage does not include any waste, except as provided in
Section 11 -18 -11 of this Title.
6. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the city council in accordance with
Section 11 -5 -7 of this Title.
Section 38. Section 11 -73 -11 of the City Code is hereby amended to add the
following provision:
G. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
Section 39. Section 11- 74 -7.G of the City Code is hereby amended to read as
follows:
G. Daycare: Daycare facilities as a principal use provided that the use
complies with the provisions of Chapter 31 of this Title.
Section 40. Section 11- 74 -9.A of the City Code is hereby amended to read as
follows:
A. Outdoor service, sale and rental as an accessory use, provided that:
21
1. Outside services, sales and equipment rental connected with the
principal use is limited to thirty percent (30 %) of the gross floor area
of the principal use.
2. Outside sales areas are fenced or screened from view of
neighboring residential uses or an abutting residential district in
compliance with section 11 -21 -9 of this Title.
3. Sales area is surfaced with asphalt, concrete or pavers to control
dust.
4. The use does not take up parking space as required for conformity
to this title.
5. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the City Council in accordance with
section 11 -5 -7 of this Title.
Section 41. Section 11- 74 -9.13 of the City Code is hereby amended to read as
follows:
B. Outdoor storage as an accessory use, provided that:
1. Outside storage connected with the principal use is limited to thirty
percent (30 %) of the gross floor area of the principal use.
2. The storage area is fenced and screened from view of neighboring
residential uses, abutting residential districts and the public right of
way in compliance with Section 11 -21 -9 of this Title.
3. The storage area is surfaced with asphalt, concrete or pavers to
control dust.
4. The storage area does not take up parking space as required for
conformity to Chapter 19 of this Title.
5. The storage does not include any waste, except as provided in
Section 11 -18 -11 of this Title.
6. The interim use permit shall terminate upon a change of occupancy
or other date as determined by the city council in accordance with
Section 11 -5 -7 of this Title.
Section 42. Section 11 -74 -11 of the City Code is hereby amended to add the
following provision:
22
Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
Section 43. Section 11 -74 -15 of the City Code is hereby amended to read as
follows:
11- 74 -15: LOT REQUIREMENTS AND SETBACKS: The following minimum
requirements shall be observed in a C -CBD district subject to additional requirements,
exceptions and modifications set forth in this title:
F ----
Lot area ( None
I
Lot I None
width
Setbacks �' None except where a lot zoned C -CBD fronting onto a street other than Holyoke
Avenue abuts a residential zoned property along a common side lot line then the
front yard setback shall be twenty (20) feet and the side or rear yard setback
abutting any residential zoned property shall be thirty (30) feet.
Section 44. Section 11 -75 -3 of the City Code is hereby amended add the
following provision:
K. Light manufacturing that does not generate exterior smoke, dust,
odor, fumes or noise emissions and is less than 50% of the
principal building floor area.
Section 45. Section 11- 75 -7.0 of the City Code is hereby amended to read as
follows:
C. Daycare: Daycare facilities as a principal use provided that the use
complies with the provisions of Chapter 31 of this Title.
Section 46. Section 11 -75 -7 of the City Code is hereby amended add the
following provision:
L. Light manufacturing that is fifty (50 %) percent of the principal
building floor area or greater, provided that:
23
a. The use does not generate exterior smoke, dust, odor,
fumes or noise emissions.
b. The use shall comply with all applicable exterior building
materials and landscaping requirements of the O -P District.
C. There shall be no outdoor storage allowed as a principal or
accessory use.
d. The proposed use is not a waste facility as regulated by the
City Code.
Section 47. Section 11 -75 -11 of the City Code is hereby amended to add the
following provision:
F. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
Section 48. Section 11- 85 -7.0 of the City Code is hereby amended to read as
follows:
C. Daycare: Daycare facilities as a principal use provided that the use
complies with the provisions of Chapter 31 of this Title.
Section 49. Section 11 -85 -11 of the City Code is hereby amended to add the
following provision:
G. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of chapter 31 of this title.
Section 50. Section 11- 86 -7.E of the City Code is hereby amended to read as
follows:
E. Daycare: Daycare facilities as a principal use provided that the use
complies with the provisions of Chapter 31 of this Title.
Section 51. Section 11 -86 -11 of the City Code is hereby amended to add the
following provision:
H. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
24
Section 52. Section 11- 87 -7.E of the City Code is hereby amended to read as
follows:
E. Daycare: Daycare facilities as a principal use provided that the use
complies with the provisions of Chapter 31 of this Title.
Section 53. Section 11 -87 -11 of the City Code is hereby amended to add the
following provision:
H. Daycare: Daycare facilities as an accessory use provided that the
use complies with the provisions of Chapter 31 of this Title.
Section 54. This ordinance shall be in full force and effect upon its passage and
publication according to law.
ADOPTED by the City Council of the City of Lakeville, Minnesota, this 3 d
day of December, 2012.
CITY OF LAKEVILLE
BY: Y I .'—
Mark Bellows, Mayor
ATTEST:
-'7
BY: UV'wvl v vim/ v'--,-
Charlene Friedges, City Cl
25
PUBLIC NOTICE
SUMMARY ORDINANCE NO. 897
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLES 3 (BUSINESS AND LICENSE REGU-
LATIONS), 10 (SUBDIVISION ORDINANCE), AND 11 (ZONING ORDINANCE)
OF THE LAKEVILLE CITY CODE
FIDAVIT OF PUBLICATION
E OF MINNESOTA
This ordinance amends Titles 3, 10 and 11 of the Lakeville City Code.
Amendments have been made to the following chapters of the City Code TY OF DAKOTA
Title 3 (Business and License Regulations(
Chapter 21 (Dynamic Display Signs)
Title 10 (Subdivision Ordinance(
Chapter 1-6 (Definitions)
Chapter 4-3 (Streets and Alleys)
Title 111 Zoning Ordinance(
Chapter 2-3 (Definitions)
Chapter 16-25 (Noise)
Chapter 17-9 (Building Type and Construction)
Chapter 17-19 (Minimum Lot Area, Unsewered Lots)
Chapter 21-5 (Fences)
Chapter 21-9 (Required Screening and Landscaping)
Chapter 23-15 (General Sign Regulations)
Chapter 23-17 (Prohibited Signs)
Chapter 27-3 (Model Home Qualifications)
Chapter 31-5 (Daycare General Provisions)
Chapter 35-3 (Keeping Animals)
Chapter 35-5 (Animal Feedlots)
Chapter 70-7 (O -R District Conditional Uses)
Chapter 70-11 (O -R District Uses by Administrative Permit)
Chapter 71-7 (C-1 District Conditional Uses)
Chapter 71-11 (C-1 District Uses by Administrative Permit)
Chapter 72-7 (C-2 District Conditional Uses)
Chapter 72-9 (C-2 District Interim Uses)
Chapter 72-11 (C-2 District Uses by Administrative Permit)
Chapter 73-7 (C-3 District Conditional Uses)
Chapter 73-9 (C-3 District Interim Uses)
Chapter 73-11 (C-3 District Uses by Administrative Permit)
Chapter 74-7 (C -CBD District Conditional Uses)
Chapter 74-9 (C -CBD District Interim Uses)
Chapter 74-11 (C -CBD District Uses by Administrative Permit)
Chapter 74-15 (C -CBD District Lot Requirements and Setbacks)
Chapter 75-3 (O -P District Permitted Uses)
Chapter 75-7 (O -P District Conditional Uses)
Chapter 75-11 (O -P District Uses by Administrative Permit)
Chapter 85-7 (I -CBD District Conditional Uses)
Chapter 85-11 (I -CBD District Uses by Administrative Permit)
Chapter 86-7 (I-1 District Conditional Uses)
Chapter 86-11 (1-1 District Uses by Administrative Permit)
Chapter 87-7 (I-2 District Conditional Uses)
Chapter 87-11 (I-2 District Uses by Administrative Permit)
)
SS
;ing duly sworn on oath says that he is the managing editor of the
as The Dakota County Tribune, and has full knowledge of the facts
laper(s) has/have complied with all of the requirements constituting
egal newspaper(s), as provided by Minnesota Statue 331A.02, 331A.07
ws, as amended.
legal notice, which is attached was cut from the columns of said
( printed and published once a week for one week; it was first published
day of December, 2012, and was therefore printed and published on
ind including Thursday, the 6th day of December, 2012, and printed
the lower case alphabet from A to Z, both inclusive, which is hereby
ig the size and kind of type used in the composition and publication of
A printed copy of the entire ordinance is available for inspection by any per-
son during the City Clerk's regular office hours.
Approved for publication by the City Council of the City of Lakeville, Minne-
sota, this 3rd day of December, 2012. 0 before me on
CITY OF LAKEVILLE
BY:
ATTEST:
Mark Bellows, Mayor
er, 2012
a bcdefghijklmnopgrstuvwxyz
1":")
Managing Editor
Charlene Friedges, City Clerk
3237766 12/6/12
()WA
Notary Public
f " AAN E i4OSF SCO
Narr �:i bli
�c-M1rnnr sl l
Jar, 31 2O14
3237766