HomeMy WebLinkAboutWork Session_ZO Amendment Ordinance2-5-15ORDINANCE NO. _________
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE.
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
Section 1. Section 7-4-15.B of the Lakeville City Code (Public Ways
and Property – Excavation and Mining) is hereby amended to read as follows:
B. Extraction and hauling operations and related incidental activities shall be
performed during only those times established between 7:00AM and 10:00PM
Monday through Friday, unless extended by the City council as part of this
permit.
Section 2. Section 10-6-2-1 of the Lakeville City Code (Subdivision
Ordinance Variances) is hereby amended to read as follows:
10-6-2-1: FINDINGS:
A. The Planning Commission may recommend, and the City Council may approve a
variance from the minimum standards of this Title (not procedural provisions)
when, in its opinion, undue hardship may result from strict compliance.
B. In recommending any variance, the Planning Commission shall prescribe and the
City Council shall impose any conditions that it deems necessary to or desirable
for the public interest.
In making its recommendations, the planning commission shall take into account
the nature of the proposed use of land and the existing use of land in the vicinity,
the number of persons to reside or work in the proposed subdivision and the
probable effect of the proposed subdivision upon traffic conditions in the vicinity.
A variance shall only be recommended when the planning commission finds:
A. That there are special circumstances or conditions affecting the property
such that the strict application of the provisions of this title would deprive
the applicant of the reasonable use of his land.
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B. That the granting of the variance will not be detrimental to the public
health, safety and welfare or injurious to other property in the territory in
which property is situated.
C. That the variance is to correct inequities resulting from an extreme
physical hardship such as topography, etc.
After considerations of the planning commission recommendations, the city
council may grant variances, subject to subsections A, B and C of this section.
C. The Planning Commission shall not recommend and the City Council shall not
approve any variance request unless they find failure to grant the variance will
result in unusual hardship. "Unusual hardship" means that the property owner
proposes to use the property in a reasonable manner not permitted by this title.
Economic considerations alone do not constitute unusual hardship. Unusual
hardship includes, but is not limited to, inadequate access to direct sunlight for
solar energy systems. The following criteria must also be met:
1. That the variance would be consistent with the Comprehensive Plan.
2. That the variance would be in harmony with the general purposes and
intent of this Title.
3. That the plight of the landowner is due to circumstances unique to the
property not created by the landowner.
4. That the purpose of the variance is not exclusively economic
considerations.
5. That the granting of the variance will not alter the essential character of
the neighborhood in which the parcel of land is located.
6. That the requested variance is the minimum action required to eliminate
the unusual hardship.
Section 3. Section 11-2-3 of the Lakeville City Code (Definitions) is
hereby amended to revise the following definitions:
LOT LINE, FRONT: The lot line separating a lot from the street right of way along the
lot frontage having the least width.
YARD, FRONT: The area extending along the full length of a front lot line between side
lot lines and to the depth required in the yard regulations for the district in which it is
located. In the case of a corner lot abutting one or more streets, both yards shall be
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considered front yards unless a specific standard is established by this Title for a side
yard of a corner lot abutting a public right-of-way.
Section 4. Section 11-17-11.A.2.b of the Lakeville City Code (Yards -
Exceptions) is hereby amended to read as follows:
b. For lots of record or preliminary platted lots
established after March 17, 2003: Except as may be
limited within environmental protection districts,
terraces, steps, decks, stoops or similar structures may
extend to within five feet (5') of side yard and ten feet
(10') of rear yard lot lines, but not more than five feet
(5') into a required front yard or side yard adjacent to a
public right of way provided that the height of the
structure is not more than thirty inches (30") above the
grade within the setback area. Except as may be
limited within environmental protection districts the
required side yard and rear yard setbacks for terraces,
steps, decks, and stoops that are thirty (30) inches or
less above grade shall be:
(1) Side Yard: Five (5) feet, but not encroaching
more than five (5) into the required side yard
adjacent to a public right-of-way.
(2) Rear yard: Ten (10) feet.
Section 5. Section 11-18-7.C.2 of the Lakeville City Code (Accessory
Buildings – Setbacks and Encroachments) is hereby amended to read as follows:
2. Detached accessory buildings not exceeding one hundred twenty (120)
with a gross floor area of two hundred (200) square feet or less in floor
area:
a. All detached accessory buildings less than one hundred twenty
(120) square feetSuch structures shall be set back at least six feet
(6') from any other building or structure on the same lot and shall
not be located within a required buffer yard or drainage and/or
utility easement.
b. Such structures may encroach into the required side or rear yard
setbacks when located in the rear yard of the lot, except in the case
of a side yard of a corner lot abutting a public street.
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c. When encroachment into required side or rear yard setbacks is
allowed, such detached accessory buildings shall be set back at
least five feet (5') from all adjoining lots.
Section 6. Section 11-18-7.C.3 of the Lakeville City Code (Accessory
Buildings – Setbacks and Encroachments) is hereby amended to read as follows:
3. Detached accessory buildings exceeding one hundred twenty (120)two
hundred (200) square feet in gross floor area:
a. All detached accessory buildings in excess of one hundred twenty
(120) square feetSuch structures shall be set back at least ten feet
(10') from any other building or structure on the same lot, and shall
not be located within a required buffer yard or drainage and/or
utility easement.
b. Such structures may encroach into the required side or rear yard
setbacks when located in the rear yard of a lot, except in the case
of a side yard of a corner lot abutting a public street.
c. When encroachment into required side or rear yard setbacks is
allowed, such detached accessory buildings shall be set back at
least ten feet (10') from all adjoining lots.
Section 7. Section 11-21-7.A of the Lakeville City Code (General
Mandatory Landscaping and Maintenance) is hereby amended to read as
follows:
A. All exposed ground areas, including street boulevards, and areas not devoted to
off street parking, drives, sidewalks, patios or other such improvements shall be
landscaped with grass, shrubs, trees (except in boulevard portions of the public
right of way) or other ornamental landscape materials within one year following
the date of building occupancy, as determined by the temporary certificate of
occupancy. A final certificate of occupancy may be issued upon compliance with
this section.
Section 8. Section 11-23-7 of the Lakeville City Code (Signs –
Temporary Signs) is hereby amended to add the following provision:
H. Window Signs: Window signs not exceeding twenty five percent (25%) of
the total area of the window in which they are displayed.
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Section 9. Section 11-23-15.G of the Lakeville City Code (Signs –
Temporary Signs) is hereby amended to read as follows:
G. Temporary Signs: The use of banners, pennants and similar devices for
commercial, industrial and institutional uses shall be subject to the following
provisions:
1. Temporary signs shall require a permit valid for no more than forty two
(42) sixty (60) days during any twelve (12) month periodcalendar year.
2. The maximum area of a temporary sign shall not exceed be fifty (50)
square feet per sign face, except within the Freeway Corridor District
where the maximum area of a temporary sign shall be one hundred (100)
square feet per sign face.
3. Not more than one (1) temporary sign shall be displayed upon a property
at any one time.
Section 10. Section 11-23-15.R.3.a of the Lakeville City Code (Signs –
O-R, C-1, C-2, C-3, C-CBD, and O-P District Multiple Occupancy Buildings) is
hereby amended to read as follows:
a. Within the O-R, C-1, C-2, C-3, C-CBD, and O-P districts:
(1) The number of individual wall, canopy, or marquee signs
shall be limited to one façade per tenant space except one
additional sign(s) may be displayed on a second facade for
the tenant of a corner suite or a suite that extends through
the building thus having two (2) exterior walls.
(2) The tenant's business shall have an exclusive exterior
entrance.
(3) The sign(s) shall be located only on the exterior wall of the
tenant space to which the sign permit is issued, but is(are)
not required to face a public street.
(4) Each sign and the total area of all signs on a single façade
for an individual tenant shall be limited to the maximum
wall sign size permitted in the applicable zoning district
provisions in section 11-23-19 of this Chapter.
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Section 11. Section 11-23-15.R.3.b of the Lakeville City Code (Signs –
I-1, I-2 and I-CBD District Multiple Occupancy Buildings) is hereby amended to
read as follows:
b. Within the I-1, I-2 and I-CBD districts:
(1) The number of individual wall, canopy, or marquee signs
shall be limited to one façade per tenant space except that
additional sign(s) may be displayed on a second facade for
the tenant of a corner suite or a suite that extends through
the building thus having two (2) exterior walls subject to
the following:
(A2) The sign(s) shall be located only on the exterior wall of the
tenant space to which the sign permit is issued, but is(are)
not required to face a public street.
(B) There shall be no more than one sign per tenant on
any one wall facing a public street
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(23) Each sign or the total area of all signs on a single façade for
an individual tenant shall be limited to the maximum wall
sign size permitted in the applicable zoning district
provisions in section 11-23-19 of this Chapter.
Section 12. Section 11-23-17.O of the Lakeville City Code (Signs –
Prohibited Signs) is hereby amended to read as follows:
O. Signs painted, attached or in any other manner affixed to trees or similar
natural surfaces, or attached to utility poles, bridges, towers, or similar
public structures, or public or private fences.
Section 13. Section 11-37-3.J.4 of the Lakeville City Code (Motor Fuel
Facilities – Exterior Lighting) is hereby amended to read as follows:
4. Exception: Except for permitted wall signage the building and/or Lighting
of entire facades of the principal building shall only utilize illuminating
devices mounted on top and facing downward onto the structure.
Accessory structures, including the canopy fascia, shall not be illuminated.
Section 14. Section 11-53-13 of the Lakeville City Code (RS-4 District –
Lot Requirements and Setbacks) is hereby amended to read as follows:
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11-53-13: LOT REQUIREMENTS AND SETBACKS:
The following minimum requirements shall be observed in an RS-4 District subject to
additional requirements, exceptions and modifications set forth in this Title:
Lot area:
Corner 10,200 square feet
Interior 8,400 square feet
Lot width:
Corner 85 feet
Interior 70 feet
Setbacks:
Front yards 20 feet to the principal building; and 25 feet to the garage face
Rear yards 30 feet, except that the setback for any open and uncovered
terraces, steps, decks, and stoops shall be twenty (20) feet.
Side yards 7 feet from the adjacent lot, or 20 feet on the side yard abutting
a public right of way
Maximum building
coverage
40 percent
Buffer yard Refer to subsection 11-21-9.E of this Title
Section 15. Section 11-102-13.D.1 of the Lakeville City Code
(Shoreland Overlay District – Minimum Lot Requirements and Setbacks) is
hereby amended to read as follows:
1. Setback requirements from the ordinary high water level shall not apply to
piers and docks. Where development exists on both sides of a proposed
building site, building setbacks may be altered reduced from the Ordinary
High Water Level to the average setback of the abutting principal
buildings to more closely conform to adjacent building setbacks, provided
the proposed building site is not located in a shore impact zone or in a
bluff impact zone and not closer than fifty (50) feet from the Ordinary
High Water Level, whichever is greater.
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Section 15. This ordinance shall be effective immediately upon its
passage and publication.
ADOPTED this ____ day of ________, 2015, by the City Council of the
City of Lakeville, Minnesota.
CITY OF LAKEVILLE
BY:_________________________________
Matt Little, Mayor
ATTEST:__________________________________
Charlene Friedges, City Clerk
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