HomeMy WebLinkAbout0936ORDINANCE NO. 936
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 7-4-15.13 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 between 7:00 AM and 7:00 PM Monday
through Friday, unless otherwise limited or 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.
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
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 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) feet into the required side
yard adjacent to a public right-of-way.
(2) Rear yard: Ten (10) feet.
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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 with a gross floor area of two hundred (200)
square feet or less:
a. Such 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.
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 two hundred (200) square feet in
gross floor area:
a. Such 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 11-18-9.D.2(a)(2) of the Lakeville City Code
(Accessory Buildings — All Zoning Districts) is hereby amended to read as
follows:
(2) A detached accessory building area of not more
than two hundred (200) square feet is permitted in
addition to the attached garage area provided for by
subsection D2a(1) of this section.
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Section 8. Section 11-21-5.A of the Lakeville City Code (Fences) is
hereby amended to read as follows:
A. Approval Required: No person except on a farm and related to agricultural uses
shall hereafter construct or cause to be constructed or erected within the city any
fence without first making an application for and securing approval by the zoning
administrator or their designee in accordance with section 11-8-5 of this title for
fences not exceeding seven feet (7') in height, or a building permit for fences
greater than seven feet (7') in height.
Section 9. 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 (1) year
following the date of building occupancy, as determined by the certificate of
occupancy.
Section 10. Section 11-23-7 of the Lakeville City Code (Signs — Permit
Not Required) 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.
Section 11. 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:
Temporary signs shall require a permit valid for no more than sixty (60)
days during any calendar year.
2. The maximum area of a temporary sign shall 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.
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3. Not more than one (1) temporary sign shall be displayed upon a property
at any one time.
Section 12. 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 (1) fagade per tenant space except
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 fagade
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 13. Section 11-23-15.R.3.b of the Lakeville City Code (Signs —
1-1, 1-2 and I -CBD District Multiple Occupancy Buildings) is hereby amended to
read as follows:
b. Within the I-1, 1-2 and I -CBD districts:
(1) The number of individual wall, canopy, or marquee signs
shall be limited to one (1) fagade 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.
(2) 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.
(3) Each sign or the total area of all signs on a single fagade 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 14. Section 11-23-17.0 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 fences.
Section 15. 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: 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 16. Section 11-53-13 of the Lakeville City Code (RS -4 District –
Lot Requirements and Setbacks) is hereby amended to read as follows:
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: F1
'F[Corner
10,200 square feet
Interior8,400
square feet
Lot width:
Corner
85 feet
Interior F70
feet
Setbacks:
r—
Front yards
20 feet to the principal building; and 25 feet to the garage face
Rear yards30
feet, except that the setback for any open and uncovered
terraces, steps, decks, and stoops shall be twenty (20) feet.
Side yards
eet from the adjacent lot, or 20 feet on the side yard abutting
Fa
ublic right of way
Maximum building
40 percent
coverage
Buffer yard
F�
Refer to subsection 11-21-9.E of this Title
Section 17. 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 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 bluff impact zone and not closer
than fifty (50) feet from the Ordinary High Water Level, whichever is
greater.
Section 18. This ordinance shall be effective immediately upon its
passage and publication.
ADOPTED this 16th day of March, 2015, by the City Council of the City of
Lakeville, Minnesota
ATTEST:
CITY OF LAKEVILLE
BY:
MA Little, Mayor
Charlene Friedges, qfy Clerk
SUMMARY ORDINANCE NO. 936
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLES 7 (PUBLIC WAYS AND PROPERTY),
10 (SUBDIVISIONS), AND 11 (ZONING) OF THE LAKEVILLE CITY CODE
This ordinance amends Titles 7, 10 and 11 of the Lakeville City Code. Amendments
have been made to Titles 7, 10 and 11 of the Lakeville City Code concerning gravel mining
hours, subdivision ordinance variances, front yard definition, setback exceptions, accessory
buildings, fences, landscaping, window signs, temporary signs, wall signs, prohibited signs,
motor vehicle fuel facility lighting, RS -4 District setbacks, and shoreland overlay district
setbacks as follows:
Title 7 (Public Ways and Property)
Chapter 4-15 (Excavations and Mining)
Title 10 (Subdivision Ordinance)
Chapter 6-2 (Variances)
Title 11 (Zoning Ordinance)
Chapter 2-3 (Definitions)
Chapter 17-11 (Yards - Exceptions)
Chapter 18-7 and 9 (Accessory Buildings)
Chapter 21-5 (Fences)
Chapter 21-7 (General Mandatory Landscaping and Maintenance)
Chapter 23-7, 15 and 17 (Signs — Window, Temporary, Wall, and Prohibited)
Chapter 37-3 (Motor Vehicle Fuel Facilities — Exterior Lighting)
Chapter 53-13 (RS -4 District Lot Requirements and Setbacks)
Chapter 102-13 (Shoreland Overlay District Minimum Lot and Setback Requirements)
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
16'h day of March, 2015
CITY OF LAKEVILLE
BY:
Matt Little, Mayor
AM
L;C
'6�
Charlene Friedges, CitY"k
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF DAKOTA ) ss
Charlene Vold being duly sworn on an oath,
states or affirms that they are the Authorized
Agent of the newspaper(s) known as:
STW Lakeville
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02, §331A.07, and
other applicable laws as amended.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) for 1 succes-
sive issues; the first insertion being on
03/20/2015 and the last insertion being on
03/20/2015.
By:
autAsuAAA•Yo�t
Authorized Agent
Subscribed and sworn to or affirmed before
me on 03/20/2015.
Notary Public
1n.v y^ 1.
DI RLENE MARIE MAOPHERSON
Notary Public -Minnesota
My commission EWrw Jen 81.2011
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$27.40 per column inch
Ad ID 364646
CITY OF LAKEVILLE
DAKOTA COUNTY,
MINNESOTA SUMMARY
ORDINANCE NO. 936
AN ORDINANCE AMENDING
TITLES 7 (PUBLIC WAYS AND
PROPERTY), 10 (SUBDIVISIONS),
AND 11 (ZONING) OF THE LAKEV-
ILLE CITY CODE
This ordinance amends Titles
7, 10 and 11 of the Lakeville City
Code. Amendments have been
made to Titles 7, 10 and 11 of the
Lakeville City Code concerning
gravel mining hours, subdivision
ordinance variances, front yard
definition, setback exceptions, ac-
cessory buildings, fences, land-
scaping, window signs, temporary
signs, wall signs, prohibited signs,
motor vehicle fuel facility lighting,
RS -4 District setbacks, and shore -
land overlay district setbacks as
follows:
Title 7 (Public Ways and Prop-
erty)
Chapter 4-15 (Excavations and
Mining)
Title 10 (Subdivision Ordinance)
Chapter 6-2 (Variances)
Title 11 (Zoning Ordinance)
Chapter 2-3 (Definitions)
Chapter 17-11 (Yards - Excep-
tions)
Chapter 18-7 and 9 (Accessory
Buildings)
Chapter 21-5 (Fences)
Chapter 21-7 (General Mandato-
ry Landscaping and Maintenance)
Chapter 23-7, 15 and 17 (Signs
— Window, Temporary, Wall, and
Prohibited)
Chapter 37-3 (Motor Vehicle
Fuel Facilities — Exterior Lighting)
Chapter 53-13 (RS -4 District Lot
Requirements and Setbacks)
Chapter 102-13 (Shoreland
Overlay District Minimum Lot and
Setback Requirements)
A printed copy of the entire ordi-
nance 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 16th day of March,
2015
CITY OF LAKEVILLE
BY: Matt Little, Mayor
ATTEST:
Charlene Friedges, City Clerk
Published in
Lakeville
March 20, 2015
364646