HomeMy WebLinkAbout0979ORDINANCE NO. 979
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE.
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Section 11-2-3 of the Lakeville City Code (Definitions) is hereby
amended to include the following definitions:
BEE KEEPING RELATED:
A. APIARY: The assembly of one or more colonies of honeybees on a
single lot.
B. APIARY SITE: The lot upon which an apiary is located.
C. BEEKEEPER: A person who: (i) is a resident of the City who owns
or has charge of one or more apiaries of honeybees; and (ii) any
person who owns or controls a lot on which a colony is located.
D. BEEKEEPING EQUIPMENT: Anything used in the operation of an
Apiary, such as hive bodies, supers, frames, top and bottom boards
and extractor.
E. COLONY: An aggregate of honeybees consisting principally of
workers, but having, when perfect, one queen and at times drones,
brood, combs, and honey.
F. HIVE: The receptacle inhabited by a colony.
G. HONEYBEE: All life stages of the common domestic honeybee,
Apis mellifera species.
H. NUCLEUS COLONY: A small quantity of honeybees with a queen
housed in a smaller than usual hive box designed for a particular
purpose, and containing no supers.
SUPER: That part of a honeybee hive used to collect honey.
J. SWARMING: The natural process where a queen bee leaves a
colony with a large group of worker bees.
K. UNUSUAL AGGRESSIVE BEHAVIOR: Any instance in which
unusual aggressive characteristics such as stinging without
provocation or attacking without provocation occurs.
Section 2. Section 11-15-9.0 of the Lakeville City Code (Nonconforming Lots) is
hereby amended to read as follows:
C. Vacant Or Redeveloped Lots: Except in environmental protection
districts established in chapter 45 of this title, legal, nonconforming,
vacant lots of record may be developed for single-family detached
dwellings upon approval of a conditional use permit, provided that:
1. Legally Established: The lot in question was legally
established in accordance with requirements of this Title.
2. Allowed Use: Single-family residential dwellings are an
allowed use within the base zoning district.
3. Minimum Lot Size:
a. Sewered Lots: A legal nonconforming lot having direct
access, as determined by the City Engineer, to
municipal sewer shall be considered buildable
provided measurements for lot area and/or width meet
minimum requirements or are sixty six percent (66%)
of the requirement of the base zoning district.
b. Unsewered Lots: A legal nonconforming lot not having
access to municipal sewer shall be considered
buildable provided it complies with section 11-17-19 of
this Title.
C. Shoreland Overlay District: The lot shall not have more
than twenty five percent (25%) impervious surface if
located within the shoreland overlay district.
4. Access: The lot in question has frontage on and will directly
access an improved public street.
5. Health Concerns: Public health concerns (potable water and
sanitary sewer) can be adequately addressed.
6. Setback And Yard Requirements: The setback and yard
requirements of the base zoning district can be achieved while
simultaneously resulting in development which complies with
the character and general design of the immediate area and
the objectives of the comprehensive plan and this Title.
FA
Section 3. Section 11-17-9.B.2 of the Lakeville City Code (Building Type and
Construction) is hereby amended to read as follows:
2. Grade B:
a. Specialty concrete block such as textured, burnished
block or rock faced block with integral color or stain
exceeding ASTM G154.
b. Architecturally precast concrete panels having an
exposed aggregate, light sandblast, acid etch, form
liner, smooth as cast, tooled, natural stone veneer,
brick face and/or cast stone type finish.
C. Masonry stucco.
d. Ceramic.
Section 4. Section 11-17-9.B.4 of the Lakeville City Code (Building Type and
Construction) is hereby amended to read as follows:
4. Grade D:
a. Smooth as cast concrete block.
b. Smooth scored concrete block.
C. Glass block.
d. Wood provided that the surfaces are finished for
exterior use or the wood is of proven durability for
exterior use, such as cedar, redwood or cypress.
Section 5. Section 11-17-9.D.2.a of the Lakeville City Code (Building Type and
Construction) is hereby amended to read as follows:
a. The exterior building finish shall be composed of at
least sixty five percent (65%) grade A materials and/or
architecturally precast concrete panels with a form
liner, smooth as cast, 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
Section 6. Section 11-17-19.A.2 of the Lakeville City Code (Minimum Lot Area;
Unsewered Lots) is hereby amended to read as follows:
2. The minimum lot size of ten (10) acres shall not apply to smaller
separate parcels of record in separate ownership existing prior to
January 1, 1984, provided that they comply with minimum standards
for the district in which they are located or Chapter 15 of this Title
and that it can be demonstrated by means satisfactory to the City
that the smaller parcels will not result in groundwater, soil or other
contamination which may endanger the public health.
Section 7. Section 11-18-7.A of the Lakeville City Code (Single Family Attached
and Detached Accessory Uses) is hereby amended to read as follows:
A. Number Allowed:
1. There shall not be more than one (1) detached accessory
building on a lot in addition to one (1) attached or detached
garage.
2. One (1) play equipment structure, open -sided structure, or
gazebo enclosed only by screening or clear windows having
a footprint less than two hundred (200) square feet shall be
allowed in addition to the number of accessory buildings
allowed by Section 11-18-7.A.1 of this Chapter.
3. Accessory buildings greater than allowed by this Section may
be allowed by approval of a conditional use permit.
Section 8. Section 11-19-13 of the Lakeville City Code (Off -Street Parking
Requirements— Number of Spaces Required) is hereby amended to repeal the following
provision:
Restaurant, drive-in or convenience food 1 space per 15 square feet of gross floor
area designated for patron queuing, but
not less than 15 spaces plus 1 space
per 40 square feet of dining area and 1
space for each 80 square feet of kitchen
area.
Section 9. Section 11-19-13 of the Lakeville City Code (Off -Street Parking
Requirements— Number of Spaces Required) is hereby amended to add the following
provisions:
0
Commercial/Industrial:
Fast Food Restaurant with or without
1 space per 70 square feet.
drive through
Coffee/doughnut shop with or without
1 space per 50 square feet.
drive through
Section 10. Section 11-27-3 of the Lakeville City Code (Model Homes) is hereby
amended to read as follows:
11-27-3: QUALIFICATION: A building permit may be issued for a
model home upon approval and recording of a final plat, provided that:
A. The number of model homes within the final plat shall not exceed:
1. Prior to completion of public infrastructure improvements
provided that at least a maintainable Class 5 aggregate base,
structurally sufficient to allow public safety access to each
building site approved by the City Engineer is installed prior to
issuance of a building permit:
a. One (1) building per homebuilder or the following,
whichever is greater:
(1) Plats with less than 40 lots: 2 model homes
(2) Plats with 40 lots or more: 3 model homes
b. Construction of more than one model home allowed
under this subsection shall require the buildings be
located on abutting lots.
2. After completion of public infrastructure improvements
(including a first lift of asphalt) approved by the City Engineer:
Three (3) buildings or ten percent (10%) of the lots within the
final plat, whichever is greater.
B. No certificate of occupancy shall be issued for a model home until
the public infrastructure improvements including the first lift of
asphalt have been completed and approved by the City Engineer.
5
Section 11. Section 11-35-3.D of the Lakeville City Code (Animals — Keeping
Animals) is hereby amended to read as follows:
D. In addition to the keeping of animals allowed by subsections A, B,
and C of this section, keeping of the following animals shall be
allowed by interim use permit as regulated under the provisions
of Chapter 5 of this Title:
1. Raptors within the A -P and RA Districts, provided that:
a. The property owner shall reside upon the property as
their primary residence.
b. The property owner shall provide and maintain with the
City documentation that they process a valid permit
issued by the Department of Natural Resources for
keeping of the raptor.
C. There shall not be more than two (2) raptors kept upon
the property at any time.
d. Habitat for the raptor shall be subject to the provisions
for accessory buildings established by Section 18 of
this Title and shall comply with applicable requirements
of the Department of Natural Resources.
e. The interim use permit shall terminate in accordance
with Section 11-5-7 of this Title or upon any of the
following events, whichever occurs first:
(1) The property owner ceases to possess a valid
permit from the Department of Natural
Resources for keeping raptors.
(2) The property owner ceases to occupy the
property as their primary residence or transfers
ownership of the property to another party.
2. Honey bees and apiaries accessory to a single family dwelling
within agriculture/rural or residential districts, provided that:
a. Colony density. The number of colonies allowed upon
a lot shall be subject to the following limits:
9
Lot Area
Maximum
Number
of
Colonies
<25,000sf.
2
25,000sf. < 40,000sf.
4
40,000sf. < 5ac.
6
5ac. or greater
8
b. Colony location:
(1) A hive shall be located only within a rear yard.
(2) A hive shall be setback a minimum of twenty
(20) feet from any lot line.
(3) A hive shall not encroach upon any wetland
buffer or drainage and utility easement.
C. Performance standards:
(1) Honeybee colonies shall be kept in hives with
removable frames, which frames shall be kept
in sound and usable condition.
(2) A solid fence, wall, or dense vegetative barrier
capable of interrupting the direct flight of bees
shall be used to redirect the bee's flight pattern
and prevent a direct line of flight from the hive
entry into neighboring properties. The barrier
shall start at the ground, be a minimum of six (6)
feet in height, and shall extend beyond the direct
line of sight from the entrance to the hive to the
adjacent property.
(3) Each colony on the apiary site shall be
provided with a convenient source of water
located on the apiary site so long as colonies
remain active outside the hive.
(4) Materials from a hive or colony which might
encourage the presence of honeybees, such
as wax comb, shall be promptly disposed of in
a sealed container or placed within a building
or other bee -proof enclosure.
7
(5) For each colony permitted to be maintained
under this section, there may also be
maintained upon the same apiary site, one
nucleus colony in a hive structure not to exceed
one standard 9 5/8 inch depth ten -frame hive
body, with no supers.
(6) Beekeeping equipment shall be maintained in
good condition. Unused beekeeping equipment
must be protected to prevent occupancy by
swarming honeybees.
(7) Hives shall be continuously managed to
provide adequate living space for their resident
honeybees in order to control swarming.
(8) In any instance in which a colony exhibits
unusual aggressive behavior, it shall be the
duty of the beekeeper to promptly implement
appropriate actions to address the behavior. If
requeening is required, queens shall be
selected from European stock bred for
gentleness and non -swarming characteristics.
(9) Fruit trees and other flowering trees, which are
located on an apiary site, shall not be sprayed,
while in full bloom, with any substance which is
injurious to honeybees.
d. Inspection. The premises for which an interim permit
is issued in accordance with this Section shall at all
reasonable times be open to inspection by Community
Service Officers, the Zoning Administrator or other City
official to determine compliance with the requirements
of the permit, this Section or other provisions of the
Zoning Ordinance and City Code relating to public
health, safety and welfare.
e. Termination. The interim use permit shall terminate in
accordance with Section 11-5-7 of this Title or the
transfer of ownership of the property to another party.
Section 12. Section 11-35-3 of the Lakeville City Code (Animals — Keeping of
Animals) is hereby amended to include the following provision:
H. Prohibited Animals. Except as approved prior to May 15, 2017, the
following animals shall not be kept within the City, except as associated
with a zoo program licensed by the State for a period of not longer than
thirty (30) days:
1. Any member of the cat family (felidae) including, but not
limited to, lions, tigers, cougars, bobcats, leopards and
jaguars, but excluding those recognized as domesticated
house cats.
2. Any naturally wild member of the canine family (canidae)
including, but not limited to, wolves, foxes, coyotes, dingoes,
and jackals, but excluding those recognized as domesticated
dogs.
3. Any hybrid or crossbreeds between an animal defined in
Subsections HA or H.2 and a domestic animal and offspring
from all subsequent generations of those hybrids or crosses,
such as the crossbreed between a wolf and a dog.
4. Any member or relative of the rodent family including any
skunk (whether or not descented), raccoon, or squirrel, but
excluding those members otherwise defined or commonly
accepted as domesticated pets.
5. Any poisonous, venomous, constricting, or inherently
dangerous member of the reptile or amphibian families
including, but not limited to, rattlesnakes, boa constrictors,
pit vipers, crocodiles and alligators.
6. Any other animal that is not explicitly listed above but which
can be reasonably defined by the terms of this section
including, but not limited to, bear, deer, non -human primates,
and game fish.
Section 13. This Ordinance shall be effective immediately upon its passage and
publication according to law.
ADOPTED by the Lakeville City Council this 15th day of May 2017
ATTEST/
,
BY:
Charlene Friedges, City
,?erk
CITY OF LAKEVILLE
BY:
Douglas . Anderson, Mayor
10
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF DAKOTA
Charlene Vold being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
STW Lakeville
with the known office of issue being located
in the county of.
DAKOTA
with additional circulation in the counties of:
SCOTT
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.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 05/19/2017 and the last
insertion being on 05/19/2017.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: Uc'la",
Designated Agent
Subscribed and sworn to or affirmed before
me on 05/19/2017 by Charlene Vold.
Notary Pubc
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zoNotary Public -Minnesota
` My Commission Expires Jan 31, 2021
Rate Information:
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Ad ID 690295
CITY OF LAKEVILLE
DAKOTA COUNTY,
MINNESOTA
SUMMARY ORDINANCE
NO. 979
AN ORDINANCE AMENDING
TITLE 11 (ZONING)
OF THE LAKEVILLE CITY CODE
This ordinance amends Title 11
of the Lakeville City Code. Amend-
ments have been made to the fol-
lowing chapters of the Lakeville
City Code:
Title 11(Zoning Ordinance)
Chapter 2-3 (Definitions)
Chapter 15-9 (Nonconforming
Lots)
Chapter 17-9 (Exterior Building
Finishes)
Chapter 17-19 (Minimum Lot
Area, Unsewered Lots)
Chapter 18-7 (Single Family Ac-
cessory Uses)
Chapter 19-13 (Off -Street Park-
ing Requirements)
Chapter 27-3 (Model Homes)
Chapter 35-3 (Keeping Animals)
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 15th day of May
2017
CITY OF LAKEVILLE
BY: Douglas P. Anderson
Mayor
ATTEST: Charlene Friedges
City Clerk
Published in the
Lakeville Sun Thisweek
May 19, 2017
690295