HomeMy WebLinkAbout0487 ORDINANCE NO. 487
CITY OF LAKEVILLE
.DAKOTA COIINTY, MINNESOTA
AN ORDINANCE AMENDING SECTION 47 OF THE LAKEVILLE ZONING ORDINANCE
CONCERNING THE SHORELAND -0VERLAY DISTRICT.
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAIN:
Section 1. Section 47 of the Lakeville Zoning Ordinance is
.hereby amended in its entirety to read:
SECTION 47 "S" SHORELAND OVERLAY DISTRICT
47.1 Purpose. The purpose of the "S",.Shoreland Overlay
District is to manage the effects of shoreland and water
.surface crowding, to prevent pollution of surface and
ground waters of the City, to provide ample space on lots
for sewage treatment systems, to minimize flood damages,
to maintain property values, and to maintain natural
characteristics of shorelands and adjacent .water areas
via shoreland controls which regulate lot sizes,
placement of structures and alterations of shoreland
areas. -
47.2 Distract Authorization.-, The shorelands within the City
of Lakeville are hereby designated as shoreland districts
and the requirements set forth in this Ordinance shall
govern development and other activities within these
.districts, pursuant to the. authorization and policies.
contained in Minnesota Statutes, Chapter 103F, Minnesota.
Regulations, Parts 6120.2500-6120.3900. The:
classification of the shoreland areas shall govern the
.use, alteration, and development of these areas according
to said classification.
47.3 District Application. The "S", Shoreland Overlay
District shall be applied to and superimposed (overlaid.)
upon all zoning districts as identified in Sections 23.1,
sub-paragraphs 1), 2), 3), and 4.a of this Ordinance as
existing or amended by the text and map of this
Ordinance. The regulations and requirements imposed by
the "S" Shoreland District shall be in addition to those
established for districts which jointly apply. Under the
joint application of districts, the more restrictive
requirements shall apply.
47.4 .District Boundaries.. The boundaries of the Shoreland
District are established within the following distances
from the ordinary high water mark of the surface water
depending on the size of the surface water as indicated
on .the Lakeville Shoreland District Maps.
+ ~k
Distance
Surface Water .(Feet)
Greaten than 10 acres (Table 1) 1,000
Rivers and Streams (draining an
area greater than two square
miles) 300**
* The practical distance may be reduced whenever the
waters involved are bounded by topographic divides
which extend landward from the waters for lesser
distances and when approved: by the Commissioner.
The distance requirement shall be increased to the
limit of the floodplain when greater thane three
hundred (3.00) feet.
47.5 shoreland Classification. The surface waters affected by
this Section and which require controlled development of
their shoreland (shoreland district) are shown on the map
designated as the official "shoreland Map of the City of
Lakeville" which is incorporated herein by this reference
and filed with the City Clerk. Surface waters generally
greater than ten (10) acres are given an identification
number by the State of Minnesota as defined in Section
47.2 of this Ordinance and listed in Table 1. Other
surface .waters affected by this Ordinance, generally
having less than ten (10) acres., are ...classified as
Wetland Systems and thus regulated under the provisions
of Section 4 of this Ordinance.
TABLB 1
SIIRFACE WATER IDENTIFICATION
LAKES
DNR
Name Classification ID. No. OHWL
Lake Marion Recreational Development (RD) 19-26 983.1
Orchard Lake Recreational Development (RD) 19-31 977.6.
Crystal Lake Recreational Development (RD) 19-27 9.34.5
Lake Kingsley Natural Environment (NE) 19-30 978.5
Lee Lake Recreational Development (RD) 19-29 948.5.
Horseshoe Lake Natural Environment (NE) 19-32
Unnamed Lake Natural Environment (NE) 70-11
2
T
SIIRFACE WATER IDENTIFICATION
RIVERS
Class- Location
Name ification From To
.Unnamed to
Vermillion River Tributary (T) Sec 8 T114 R20 Sec 29 T114 R19
(South Branch of North Creek)
Unnamed to Unnamed Tributary (T) Sec 34 T115 R20 Sec 12 T114 R20
(North Branch of North Creek)
Unnamed to Unnamed Tributary (T) Sec 17 T114 R20 Sec 30 T114 R19
Unnamed to Unnamed, Tributary (T) Sec 21 T114 R20 Sec 23 T114 R20
Unnamed to
Vermillion River Tributary (T) .Sec 36 T114 R21 Sec 36 T114 R20
(South Branch of South Creek)
Unnamed to Unnamed Tributary (T) Sec 19 T114 R20 Sec 33 T114 R20
(North Branch of South Creek)
47.6 Allowable Land IIses. The land uses allowable for the
Shoreland Overlay District shall follow the permitted,.
accessory, and conditional use designations as defined
and outlined in the base zoning districts.
47..7 Miaimum Lot. and Setback Requirements. Subject to other
more restrictive limitations which maybe imposed by this
Ordinance, the following minimum requirements shall be
observed in the following zoning districts which are
overlaid by the Shoreland District.
1) Residential (R-1, R-2, R-3, R-4, R-5, R-6, R-7).
NE RD T
Lot Area
a) Unsewered* 10 acres 10 acres 10 acres
b) Sewered
1. Abutting:
Single 40,000 20,000
Duplex 70,000 35,000
Triplex 100,000 50,000
.Quad 130,000 65,.000
2. Non-Abutting:
Single 20,000 15,000
Duplex 35,000 26,000
Triplex 52,000 38,000
Quad 65,000 49,000
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r
NE RD T
Lot Width
a) Unsewered
1. Abutting:
Single 200 150 100
Duplex 300 225. 150
Triplex 400 300 200
Quad 500 375 250
2. Non-Abutting:.
Single 200 150 100
Duplex 400 265 150
Triplex 600 375 200
Quad 800 490 250
b) Sewered
1. Abutting:
.Single 125 75 75
Duplex 225 135 115
Triplex 325 195. 150
Quad 425 255 190
2. Non-Abutting:
Single 125 75 ?5
Duplex 220 135 115
Triplex 315 190 150
Quad 400 245 190
* Lot size requirements in unsewered areas are
delineated in Section 11.12 of this Ordinance.
Lot arearequirements for rivers in sewered
areas .are delineated. by the .base zoning
districts. Lot area requirements in unsewered
areas are delineated in Section 11.12 of the
Zoning Ordinance.
Residential subdivisions with dwelling unit
densities exceeding those in Section 47.7.(1) can
only be allowed if designed and approved as planned
unit developments under Section 47.11 of this
Ordinance. Only land above the ordinary high water
level of public waters can be used to meet lot area
standards, and lot width standards must be met at
both the ordinary- high water level and at the
building line. The sewer lot area dimensions in
Section 47.7.(1).(b) can only be used if publicly
owned sewer system is available to the property.
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2;) Minimum lot size .requirements for all remaining.
zoning districts not specified in 47.7.1 are
delineated in Sections 33-43 of this .Zoning
Ordinance.
3) Setbacks.
NE RD T
a. Ordinary High
Water Mark***
Sewer 150 feet 75 feet 50 feet.
.Non-Sewer 150 feet 100 .feet 100 feet
b. Top of Bluff**** 30 feet 30 feet 30 feet
c. Unplatted
Cemetery 50 feet 50 feet 50 feet
d. Setback from
Public Streets:
Right-of-Way
Line of Federal,
State,. or
County Road 50 feet 50 feet 50 feet
Right-of-Way.
Line of City
Street 30 feet 30 feet 30 feet.
e. Side-Yard
Setback for
Property Abutting
a Lake 20 feet 2O feet 20 feet
Setback requirements .from the ordinary high
water mark shall not apply to piers and docks.
Where development exists on both sides of a
proposed building site, building setbacks may
be altered 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.
Structure setback on preliminary plats and
existing .Ions of record,. as defined in Section
9.3 of this Ordinance, that have been approved
prior to March 1, 1993, shall be allowed up to
twenty (20) feet from the top of bluff . Any
new subdivisions, lot combinations or replats
of existing unbuildable lots of record shall
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be required to conform to the thirty f30) foot.
.setback from top. of bluff.
*****Subject to regulations and exceptions as
.provided in Section 9, 11, and 24-43. The
required side yard setback on all lots of
record platted prior to 18 January 1980 is ten
(10) feet.
4) Maximum Building Height. Building Height shall be
regulated by Section 11.13 of this Ordinance.
5) Impervious Surfaee Coverage.
a. Impervious surface coverage limits shall apply.
only to that portion of he lot .lying within
the Shoreland Overlay District.
b. Impervious surface coverage for lots in all
zoning districts shall not exceed twenty-.five
(25) percent of the lot area, except as
provided below:
1) Where appropriate. and where structures
and practices for the mitigation: of storm
water impacts on receiving waters are
employed in compliance with. the
Comprehensive Storm Drainage Plan for the
City of Lakeville, or as approved by the
City Engineer,. impervious surface
coverage shall be allowed to exceed
twenty-five (25} percent impervious
coverage to a maximum of seventy-five
(75) percent. impervious surface. coverage
per lot within all industrial zoning
districts located on tributary rivers,
seventy (70) percent impervious surface
coverage per lot within all business and
CBD zoning .districts. located on
recreational development (RD)..lakes, and
tributary rivers and to a maximum of
fifty (50} percent impervious surface
coverage per. lot within all business
zoning districts on natural environment
(NE) lakes provided the following
criteria .are met:
a) .All .structures and practices are in
place for the treatment of storm
water runoff.
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b) A conditional use permit and
shoreland impact plan are submitted
.and approved as provided for in
Sections 47.9 and 47.13 of this
Ordinance.
c) Any removal of significant trees
shall require a tree preservation
plan in accordance with the City's
tree preservation guidelines.
2) Measures for the treatment of storm water
runoff and/or prevention of storm water
from directly. entering a public .water
include such appurtenances as nutrient
removal basins and. other measures.
described in the MPCA Guidance Document
for Best Management Practices for Storm
Water Quality Protection in Urban Areas.
47.8 Noaconformities. Any lot of record filed in the office
of the Dakota County Recorder prior to 19 June 1978 which.
does not meet the requirements of 47.7.(1) of this
Section may be allowed as a building site provided the
lot meets the requirements of Section 9.3.3 of this
Ordinance, and subject to approval of a shoreland impact
plan .
1) Construction on nonconforming lots of record.
a) If, in a group of two or more contiguous lots
under the same ownership, any individual lot
does not meet the requirements of Section 47.7
of this Ordinance the lot shall not be
considered as a separate parcel of land for
the purpose of sale or development. The lot
must be combined with the one or more
contiguous lots so they .equal. one or more
parcels of land, each meeting seventy (70)
percent of the lot area and lot width
requirements of this Ordinance, provided each
lot has access to public sewer and lot
development can comply with all required
setbacks. Effective January 1, 1999, separate
lots of record on that day may not be combined
to meet seventy (70) percent lot area and lot
width requirements of Section 9.3.3 of this
Ordinance.
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2) Additionslexpaasioas to nonconforming structures
a) All additions or expansions to the outside
dimensions of an existing nonconforming single
family structure shall. be allowed by
conditional use permit provided the addition
or expansion meets the setback., height, and
other requirements of Section 47.7 of this
Ordinance. Any deviation from these
requirements shall be authorized by a variance
pursuant to Sections 47.12 and Section 5 of
this Ordinance.
3) Noacoaformiaq sewage treatment systems. AIl-
sanitary facilities on lots outside of Lakeville's
urban service area inconsistent with requirements
of this:. Section shall be brought.. into conformity
within two (2) years after the date of adoption of
this. Ordinance, or discontinued .immediately when
.there is evidence of septic. tank effluent
percolating from the ground, flowing directly into
a lake or stream, or other indications of system
failure.. For the purposes_of this provision, a
sewage treatment system shall not be considered
nonconforming if the only deficiency is the sewage
system's improper setback from the ordinary .high.
water mark.
47.9 Development Regulations
1) Shorelaad Impact Plan. Landowners or developers.
desiring to develop land or construct any dwelling
or any other structure on land located within any
shoreland district within the City of Lakeville
shall first submit a conditional use. .permit
application as regulated by Section 4 of this
Ordinance and a plan of development, thereinafter
referred to as "shoreland impact plan", which shall
set forth proposed provisions for sediment control,
water management, maintenance of landscaped
features,. and any additional matters intended to
improve or maintain the quality of the environment.
Such a plan shall set forth proposed changes
requested by the applicant and affirmatively
disclose what, if any, change will be made in the
natural condition of the land, including loss or
change of ground cover, destruction of trees, grade
courses, marshes, and wetlands.. The plan shall
minimize tree removal, ground cover change, loss of
natural vegetation, and grade changes as much as
possible, and shall affirmatively provide for the
relocation or replanting of as many trees as
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possible which are proposed to be removed. The
purpose of the shoreland impact -plan shall be to
.eliminate as much as possible potential pollution,
erosion and siltation.
a) Exceptions..
1. No conditional use permit or shoreland
.impact plan shall be required for the
development of permitted. uses contained
within the A-P, R-A, R-1, R-2, R-3 and R-
4 Districts provided that such uses are
constructed on conforming lots .and when
abutting. a shoreline that all such uses
are serviced with public sanitary sewer,
or are located on lots which are ten (10)
acres or more in size.
2. No conditional use permit or shoreland
impact plan shall be required for the
development of permitted accessory uses
within the A-P, R-A, R-l, R-2, R-3, or R-
4 Districts.
2) High Water Elevations. For lakes, ponds or
flowages, no structure, except piers and docks
shall be placed at an elevation inconsistent with
the minimum elevation requirements of the
floodplain management regulations. When fill is
required to meet this elevation,. the fill shall be
allowed to stabilize, and construction shall not
'begin until the property has been inspected by the
Building Inspector. In instances where floodplain
elevations are not available, the lowest floor,
including basement, of structures shall be at a
level at least three (3) feet above the highest
.water level.. In those instances where sufficient
data om known water levels are not available, the
"ordinary high water" level will be used.
3) Bluff Imuact Zones. Structures and accessory
facilities except .stairways, landings, and public
utilities shall not be placed within bluff impact
.zones.
4) Stairways, Lifts, and Landings. Stairways and
lifts, solely for the purpose of pedestrian
transportation, are the preferred alternative to
major topographic alterations for achieving access
up and down bluffs and steep slopes to shore areas.
Stairways and lifts must meet the following design
requirements:
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a) Stairways and lifts shall not exceed four feet
in width on residential lots. Wider stairways
may be used for commercial properties, public
open-space recreational properties, and
planned unit developments;
b) Landings for stairways and lifts on
residential lots shall not exceed 32 ..square
feet in area.
c) Canopies or roofs .are not allowed on
stairways, lifts, or landings;
d) Stairways, lifts, and landings may be :either
.constructed above the ground on posts or
pilings, no higher than thirty (30) inches
above grade at any one. point, or placed into
the ground provided they are designed and.
built in a manner that ensures control of soil
erosions;
e) Stairways, lifts, and landings shall be
located in the most visually inconspicuous
portions. of lots, as viewed from the surface
of the public water assuming summer, leaf-on
conditions, whenever practical; and
f) Facilities. such as ramps, lifts, or mobility
paths for physically handicapped persons are
also allowed for achieving access to shore
areas, provided that the dimensional and
performance standards of subitems (1) to (5)
are complied within addition to the
requirements of Minnesota Regulations, Chapter
1340..
5) Steep. Slopes. The City Engineer shall evaluate
.possible soil erosion impacts and development
visibility from public waters before issuing a
permit for construction of sewage treatment..
systems, roads, driveways, structures, or other
improvements on steep slopes. When determined
necessary, conditions must be attached to issued
permits to prevent erosion and to preserve existing
vegetation screening of structures, vehicles, and-
other facilities as viewed from the surface of
'public waters, .assuming summer, leaf-on vegetation.
6) Sewage and Waste Disposal. Any premises used for
human occupancy shall be provided with an adequate
method o£ sewage .disposal to be maintained. in
accordance with acceptable practices.
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a) Public sanitary sewer .collection and treatment
facilities shall be used where available, and
where feasible.
b) All private sewage treatment systems must meet
or exceed the Minnesota Pollution Control
Agency`s standards for individual. sewage
treatment systems contained in the document
"Individual Sewage Treatment Systems
Standards, .Chapter 7080", the rules and
regulations of the Minnesota. Department of
Health, and Dakota County.
c) A septic tank-drain field system shall be the
only acceptable system for installation unless
it can be demonstrated that this system is not
feasible on the particular lot in question and
it can be demonstrated that the system being
proposed as an alternate will not cause a
pollution problem.
d) All proposed sites for individual sewage
treatment systems shall be evaluated in
accordance with the criteria in the following
sub-items 1 through 5. If the determination
of a site's suitability cannot be made. with
publicly available, existing information, it
- shall then be the responsibility of the
applicant to provide sufficient soil borings
and percolation tests from on-site field
investigations:
Evaluation Criteria:
1. Depth to the highest known or calculated
ground water table or bedrock;
2. Soil conditions, properties, and
permeability;
3. Slope;
4. The existence of lowlands, local surface
depressions, and rock outcrops; and
5. Nonconforming. sewage treatment systems
shall be regulated and upgraded in
accordance with Section 47.8.3 of this
Ordinance.
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e) No person, firm, or corporation may install,
alter, repair or extend any individual sewer
disposal system without first obtaining a
permit therefore from the City of Lakeville
for the specific installation,. alteration,
repair or extension.
f) Placement.. of septic tank soil absorption
systems shall be subject to the following.
setback requirements where. soil conditions are
.adequate:.
1. On natural environment Lakes, at least
one hundred fifty (150) feet from the
normal high. water mark.
2. On recreational .development. lakes, at
least .seventy-five (75) feet. from the..
normal high .water mark.
3. On tributary streams, at least seventy-
five (75) .feet from the normal high water
mark.
g) Soil absorption systems shall not be allowed
in the following .areas for disposal of
domestic sewage.
1. Low swampy areas or areas subject to
recurrent flooding.
2. Areas where the highest known ground
water table, bedrock or impervious soils
conditions are within three (3) feet of
the bottom of the system.
3. Areas of ground slope which create a
danger of- seepage of the effluent onto
the surface of the ground.
4. Areas lying within- the 50 year
floodplain.
7) Pater Supply. Any private supply of .water for
domestic purposes shall conform to Minnesota
Pollution Control Agency, Dakota County, and
..Minnesota Department of Health Standards for water
quality. Private wells shall be placed in areas
not subject to flooding and up slope from any
source of contamination. Wells already existing in
areas subject to flooding shall be flood-proofed in
accordance with State Building Code standards. No
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private wells shall be located closer than three
(3) feet to the outside basement- wall of a
dwelling. The outside basement footing shall. be
continuous across the opening of the well alcove..
No well shall be located closer than ten (10) feet
to a property line.
8) .Storm Water biaaagemeat. The following general and
specific standards shall apply in regard to storm
water management within any. shoreland district
within the City of Lakeville:
a) When possible, existing natural drainageways,
wetlands, and vegetated soil surfaced shall be
used to convey, store, filter, and retain
storm water runoff before discharge to public
waters.
b) Development shall be planned and conducted in
a manner that will minimize the extent of
disturbed areas,-runoff velocities, erosion
potential, and reduce and delay runoff
volumes. Disturbed areas shall be stabilized
and protected as soon as possible, and no
later than thirty (30) days after completion
of the project. All methods of storm water
management shall comply with the Lakeville
Comprehensive Storm Drainage Plan..
c) When development .density,. topographic
features,. and soil and vegetation conditions
.are not sufficient to adequately handle storm
water runoff using natural features and
vegetation, various types of constructed
facilities such as diversions, settling..
basins, skimming devices, dikes, waterways,
and ponds may be used. Preference shall be
given to designs using surface drainage,
vegetation, and infiltration rather than
.buried pipes and man-made materials and
facilities.
d) When constructed facilities are used for storm
water management, documentation shall be
provided by a qualified individual that they
are designed and installed consistent with the
field office technical guide of the Dakota
County Soil and Water Conservation District.
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e) New constructed storm water outfalls to public
waters shall provide for filtering or settling
of suspended solids and skimming of surface
debris before discharge.
9) Placement and Design of Roads, Driveways, aad
Parking Areas. The following standards shall apply
in regard to roadway, driveway and parking area
placement and design within any shoreland district
within the. City of Lakeville.
a) Public and private roads and. parking areas
shall be designed to take advantage of natural
vegetation and topography to achieve maximum
screening from view from public waters.
Documentation shall be provided by the City
Engineer .that all roads and parking. areas are
designed and constructed to minimize and
control erosion to public waters .consistent.
with the field office technical guides of the
Dakota County Soil and Water Conservation
District, Lakeville Environmental Affairs
Committee and: the City Engineer..
b) Private roads, driveways, and parking areas
shall meet structure setbacks and shall not be
placed within bluff and shore impact"`zones,
when other reasonable and feasible placement
alternatives exist. If no alternatives exist,
.they may be placed within these areas by
conditional. use permit,. and must be designed.
to minimize adverse impacts. Natural
vegetation-or other natural materials shall be
required in order to screen parking areas when
viewed from the water. Parking areas of more
than four (4) spaces shall. be screened in
accordance with a landscape plan, submitted
and approved by the City Council.
c) .Public and private watercraft access ramps,
approach roads, and access.-related parking
areas may be placed within shore impact zones
provided. the vegetative screening and erosion
control conditions of this sub-part are rnet.
For private facilities, :the grading and
filling provisions of Section 47.10.2 of this
Ordinance shall be met.
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10) Fences. Fences shall not exceed forty-two (42)
.inches in height and shall be at least seventy-five
(75) percent open space for passage of air and
light inside the. ordinary high water. level setback.
Fences shall not be located within ten (10) feet
from the ordinary high water mark.
47.10 Shoreland Alterations. Alterations of vegetation
and topography will be regulated to prevent erosion
into .public waters, fix nutrients, preserve
shoreland aesthetics, preserve historic values,
prevent bank slumping,. and protect fish and
wildlife habitat.
1) Vegetation Alterations. The removal of natural
vegetation shall be restricted to prevent erosion
into public waters, to consume nutrients in the
soil, and to preserve shoreland aesthetics.
a) During the site grading of new subdivision
development and other planning actions, any
.removal of significant trees shall require a
tree preservation plan in accordance with the
City' tree preservation guidelines.
b) Natural vegetation shall be restored as soon
as feasible,after,any construction project,
but not later than the start of the next
.growing season.
c1 The provisions of this section shall not apply
to vegetation alterations necessary .for the
construction of structures, sewage treatment
systems and .the construction of roads and
parking areas as regulated in Section 47.9.9
of this Ordinance subject to the following
standards:
1. Intensive vegetation clearing within the
shore and bluff impact zones and on steep.
slopes is not allowed. Intensive
vegetation clearing for forest land
conversion to another use outside of
these areas is allowable as a conditional
use if an erosion control and
sedimentation plan is developed and
approved by the Dakota County Soil and
Water Conservation District.
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2. In shore and .bluff impact. zones and on
steep slopes,. limited clearing of trees
and shrubs and cutting, pruning, and
..trimming of trees is allowed to provide a
view tothe water from the principal
dwelling siteand to accommodate the
placement of stairways and landings,
access paths, beach and watercraft access
areas orfacilities, provided that:
a. The screening of structures,
vehicles, or other facilities as
viewed from the water, assuming
Summer, leaf-on conditions, is not
substantially reduced.
b. Along rivers, existing shading of
water aurfaces is .preserved.
c. The above provisions are not
applicable to the removal of trees,
limbs, or branches that are dead,
diseased, or pose safety hazards.
2) Gradiaa and Filliaa Associated with Any Develogmeat
Protect Involving Subdivisions, Commercial,
Industrial, or blultinle Family IIses.
a) Grading and filling within shoreland
.districts, or any. alterations of..the natural
topography where the slope of the land is
toward a public water or water course leading
to a public water shall be approved by the
Dakota County Soil and Water Conservation.
District. and the City Engineer, and a permit
obtained prior to the commencement of any work
thereon. The permit may be granted subject to
the conditions that:
1. Temporary ground cover such as mulch
shall be used and permanent cover such as
sod shall be planted as soon as possible.
2. Methods to prevent erosion and trap
sediment shall be employed in accordance
with the Lakeville Subdivision Ordinance
and the Dakota County Soil and Water
Conservation District.
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3. Fill shall not be placed in areas lower
in elevation than the normal high water
mark.
4. Fill shall be stabilized according to
accepted engineering standards.
5. Fill shall not restrict a floodway or
destroy the storage capacity of a
floodplain.
6. The maximum :slope of the finished surface
.which slopes toward a water body or a
water. course leading to such water body
shall be three (3) units horizontal to
one (1) vertical.
7. Fill or excavated material must not be
placed in bluff impact zones.
8. Any alterations below the ordinary high
waver level of public .waters must ...first
be authorized by the Commissionerunder
Minnesota Statutes, Section 103G.245.
9. _ Alterations of topography will only be
allowed if they are accessory to
permitted or conditional uses and do not
adversely affect adjacent or nearby
properties.
10. Placement of natural rock riprap,
including associated grading of the
shoreline and placement of a filter
.blanket, is permitted. if the finished
slope .does not. exceed three (3) .feet
horizontal to one foot vertical, the
landward extent of the riprap. is within
ten (10) feet of the ordinary high water
level, and the height of the riprap above
the ordinary high water level does not
exceed three (3) feet.
b) Any work which will change or diminish the
course, .current, or cross section of a public
water shall require a permit from the City
Engineer and be approved by .the Department of
Natural Resources before the work is begun.
This includes construction of boat slips,
canals, channels and ditches, lagooning,
dredging of lake bottom for the removal of
muck, silt or weeds, and filling in the lake
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bed, including low lying marsh areas.
.Approval will. be given only if the proposed
work is consistent with applicable State
..regulations for beds of public waters.
3) Svecial Provisions for Agricultural., ]3xtractive,
and Commercial IIses.
a) Agriculture Use Standards.
1. General cultivation farming,. grazing,.
.nurseries, horticulture, truck farming,
sod farming,. and wild crop .harvesting are
permitted uses if steep slopes and shore
and bluff impact. zones are maintained in
permanent vegetation or operated under an
approved conservation plan (Resource
Management Systems)-consistent with the
field office technical guides of the
Dakota County Soil and Water Conservation
District or the .United States Soil
Conservation Service, as provided by a
qualified individual or agency. The
shore impact zone for parcels with
permitted .agricultural land uses is equal
to a line parallel to and fifty (50) feet.
from the ordinary high water level.
2. Use of fertilizer, pesticides, or animal
wastes within shorelands must be done in
such a way as to minimize impact on the
shore impact zone or public water by
proper application or use of .earth or
vegetation.
b) Extractive Use Standards. All excavations and
mining within the Shoreland District shall. be
in compliance with the Lakeville Excavations
and Mining Ordinance, Title 7, Chapter 4 of
the Lakeville City Code.
c) Commercial Use Standards. Uses without water-
oriented commercial needs located on protected
Takes must. be located on lots or parcels
without public waters frontage, or, if located
on .lots or parcels. with public waters
frontage, must either be set back double the
normal ordinary high water level setback or be
substantially screened .from. view from the
water by vegetation or topography, assuming
Summer, leaf-on conditions.
18
47.11 Plaaaed Uait Development. The Planned Unit Development.
provisions contained in Section 6 of this Ordinance may
be utilized within a shoreland district, provided that
the following requirements are satisfactorily met a
1) Planned Unit. Developments shall. require a
conditional use. permit based upon procedures set
forth in and regulated by Section 4 of this
Ordinance.
2} Planned. unit developments shall be connected to
municipal sewer and water.
3) Residential planned unit developments shall contain
open space meeting all of the following criteria:
a) At least fifty (50) percent of the total-
project area shall be preserved as open space..
b) Dwelling units or sites, road rights-of-way,
or .land covered by road surfaces, parking
areas, or structures, except water-oriented
accessory structures or facilities, are.
developed areas. and shall not be included in
the computation of minimum open space.
c) .Open space shall include areas with physical
characteristics unsuitable for development in
their natural state.
d) Open space may include outdoor recreational
facilities for. use by owners of dwelling units
or sites.
e) The appearance of open space areas, including
topography, vegetation,. and allowable uses,
shall be preserved by use of restrictive deed
covenants, permanent easements, public
dedication and acceptance, or other equally
effectiveand permanent means.
f) The .shore: impact zone, based on normal
structure setbacks, shall be included as open
space. At least fifty (50) percent of the
shore impact zone area of existing
developments or at least seventy (70) percent
of the shore impact zone area of new
developments must be preserved in its natural
or existing state.
19
4) Residential PIID Density }Evaluation.
a) Progosednew or expansions to existing planned
.unit developments shall be evaluated using the
following procedures and standards to
determine the suitable area for the dwelling
unit/dwelling site .density evaluation in b)
below.
1. The project parcel shall be divided into
tiers by...locatng one or more lines
approximately parallel to a line that
identifies the ordinary high water level
at the following intervals, proceeding
landward:
SHORELAND TIER DIMENSIONS
Unsewered Sewered
(feet) !feet)
Recreational
Development Lakes 267 267
Natural
Environment Lakes 400 320
All Rivers 300 300
2. The suitable area within each tier is
next calculated by excluding from the
tier area all wetlands, bluffs, or land
below the ordinary high water .level of
public waters. This suitable area and
the proposed project are then subjected
to the residential planned unit
development density evaluation steps to
arrive at an allowable number of dwelling.
units or sites.
b) Residential PUD °Base" Density Evaluation
The procedures for determining the "base"
density of a PUD and density increase
multipliers are as .follows. Allowable
densities may be transferred from any tier to
any other tier further from the water body,
..but must not be transferred to any other tier
closer..
20
1. The suitable area within each tier is
divided by the single residential lot
size standard for lakes and rivers.
Proposed locations and numbers of
dwelling units or sites for the
residential planned unit developments are
then compared with the tier, density, and..
suitability analysis herein .and the
design, criteria in Section 47..11.4.
2. Increases to the dwelling unit or
dwelling site base densities previously
determined are allowable if the
dimensional standards in Sections 24-43
are met or exceeded and the design
criteria in Section 47.11.4 are
satisfied. The allowable density
increases in Item 3 below will only. be
allowed if structure setbacks from the
.ordinary high water level are increased
to at least fifty (50) percent greater
than the minimum setback, or the impact
on the water body is reduced. an
equivalent amount through vegetative
management, topography, or additional
means. acceptable to the. local unit of
government and the setback is at least
twenty-five.(25) percent greater than the
minimum setback.
3. Allowable Dwelling Unit or Dwelling Site
Density Increases for Residential Planned
Unit Developments..
Density
Evaluation
Tiers Within Each Tier
First 50
Second 100
Third 20.0
Fourth 200
Fifth 200
5) Erosion Control aad Storm 6~ater Maaageatent.
Erosion control .and storm-water management plans
shall be prepared for all planned unit developments-
and shall be consistent with Section 47.9.8 of this
Ordinance.
21
6) Centralization and Design of Facilities.
Centralization. .and design of facilities and
structures shall be done according to the following
standards:
a) Dwelling units or .sites shall be clustered
into one or more groups and located on
suitable areas of the development. They shall
be designed and located to meet or exceed. the
following dimensional standards .for the
relevant shoreland classification: Setback
from the ordinary high water level, elevation
above the surface water features, and maximum
height. Setbacks from the ordinary high water
level shall be increased in accordance with
Section 47.11.4.b of this Ordinance for
developments .with density increases...
b) Structures, parking areas, and other
facilities shall be treated to .reduce
visibility as viewed from the public waters
and adjacent shorelands by vegetation,
.topography, increased. setbacks, color, or
other means acceptable to the local unit of
government, assuming Summer, leaf-on
conditions. Vegetative and topographic
screening shall be preserved, if existing, or
may be required to be provided.
c) Accessory structures and facilities shall meet
the required principal structure setback and
must be centralized.
7) The following factors are. carefully evaluated to
ensure that the increased density of development is
consistent with the resource limitations of the
public water:.
a) Suitability of the site for the proposed use.
b) Physical and aesthetic .impact of increased
.density.
c) Level of current development.
d) Amount of .ownership of undeveloped shoreland.
e) Levels and. types of water surface use and
public. access.
f) Possible effects on overall public use.
22
8) Any. recreational or community facility allowed as
.part of the planned unit development conforms to
all applicable federal and state regulations
including, but not limited to; the. following:
a) Waste disposal regulations.
b) Water supply regulations.
c) Building codes.
d) Safety regulations_
e) Regulations concerning the appropriate use of
public waters as defined in Minnesota.
Statutes, Chapter 103G.245.
f) Applicable regulations of the Minnesota
Environment Quality Council.
g) Storm sewer.
9) The final PUD shall not be modified or altered in
.any way .without written approval from the
Department of Natural Resources.
10) PLTD incorporating shoreline recreational
facilities such as beaches, docks, or boat
launching facilities, etc. shall be designed such
that said facilities are centralized for common
utilization.
47.12 Variances.
1) Variances may be granted by the City Council upon
application as required in Section 5 of this
Ordinance in extraordinary cases, but only when the
proposed use is determined to be in the public
interest and no variance shall be granted which the
Council determines will or has a tendency to:
a) Result in the placement of an artificial
obstruction which will restrict the passage of
storm and flood water in such a manner as to
increase the height of flooding, except
obstructions approved by the watershed
districts in conjunction with sound floodplain
management.
23
b) Result in incompatible land uses or which
would be detrimental to the protection of
surface and ground water supplies.
c) Be not in keeping with land use plans and
planning objectives for the City of Lakeville
or which will .increase or cause damage to life
or property.
d) Be inconsistent with the objections of
encouraging. land uses compatible with. the
preservation of the natural land forms,
vegetation and the marshes and wetlands within
the City of Lakeville.
e) No permit or variance shall be issued unless.
the applicant has submitted a Shoreland Impact
Plan as required and set forth in this
Ordinance. In granting any variance, the
Council may attach such conditions as they
deem necessary to insure compliance with the
purpose and intent of this Ordinance.
47.13 Conditional IIses. Conditional uses allowable within
shoreland areasshall be subject to the review and
approval procedures set forth in Section 4 of this
Ordinance.. The following additional evaluation criteria
and conditions apply within shoreland areas.:
1) Evaluation Criteria. A thorough evaluation of the
water body and the topographic, vegetation, and
soils .conditions on the site must be made to
ensure:
a} The prevention of soil erosion or other
possible pollution of public waters, both
during and after construction.
b) The visibility of structures and other.
facilities. as viewed from public waters is
limited.
c) 'The .site is adequate-for water supply and on
site sewage treatment.
24
47.14 Notificatioas to the Department of Natural Resources..
Copies of all notices. of any public hearings to consider
variances, amendments, or condi Tonal uses under local
shoreland management controls must be sent to the
Commissioner or the Commissioner's designated
representative and postmarked at least ten (10) days
before the hearings. Notices of hearings to consider
proposed subdivisions/plans must include copies of the
.subdivision/plat.
A copy of approved amendments and subdivisions/plats, and
ffinaldecisions granting variances or conditional uses
under local shoreland management controls must be sent to
the Commissioner or the Commissioner's. designated
representative and postmarked within ten (10) days of
ffinal action.
47.15 Effect of Permit. The granting of any permit, variance,
or subdivision approval under provisions of this Section
shall. in no way affect the owner's capability to obtain
the approval required by any other statute, ordinance or
legislation of any state agency or subdivision thereof.
Approval may be expressly given in conjunction with other
permits applied for, but. no approval shall be implied
from the grant of such permits nor from the. necessity to
apply for a permit as. described herein.
Section 2. Section 2.2 of the Lakeville Zoning Ordinance is
hereby amended to add or amend the following definitions:
16A) Bluff. A topographic feature such as a hill, cliff, or
embankment having. the following characteristics:
1) Part or all of the feature is located in a
shoreland area;
2) The -slope rises at least twenty-five (25) feet
above the ordinary high water level of the water
body;
3) The grade of the slope from the toe of the bluff to
a point twenty-five (25) feet. or more above the
ordinary high water level averages thirty (30)
percent or greater; and
4) The slope must drain toward the water body.
16B) Bluff Impact Zone. A bluff and land located within
twenty (20) feet from the top of a..,bluff.
25
22A) Building Line a A line parallel to a lot line or the
ordinary high water level at the. required setback beyond
which a structure may not extend.
31A) Commercial Use. The principal use of land or buildings
for the sale, lease, rental, or trade of products, goods,
and services..
31B) Commissioner. The Commissioner of the Department of
Natural Resources.
40A) Deck. Horizontal, unenclosed platform with or without
attached railings, seats, trellises, or other features,
attached or functionally related. to a principal use or
site and at any point extending above grade.
48A) Duplex. Triplex, and Ouad. A dwelling structure on a
single lot, having two, three, and- four units,
respectively, being attached by common walls and each
unit equipped with separate sleeping, cooking, eating,
living and sanitation facilities.
59A} Extractive Use.. The use of land for surface or
subsurface removal of sand, gravel, rock, industrial
minerals, other nonmetallic minerals, and peat. not
regulated under Minnesota Statutes, Sections..-93.44 to
93.51.
77A) Hardship. The same as that term is defined in Minnesota
Statutes, Chapter 462.
80A) Industrial Use. .The use of land or buildings for 'the
production, manufacture, warehousing.,... storage, or
transfer of goods, products, commodities, or other
wholesale items.
80B) Intensive Vegetation Clearing. The complete removal of
trees or shrubs in a contiguous patch, strip, row, or
block.
114) .Ordinary High Water Level. The boundary of public waters
and wetlands, and shall be an elevation delineating the
highest water level which has been maintained for a
sufficient period of time to leave evidence upon the
landscape, .commonly that point- where the natural
.vegetation changes from predominantly aquatic to
predominantly terrestrial. For watercourses, the
ordinary high water level is the elevation of the top of
the bank of the channel. For reservoirs and flowages,
.the. ordinary high water level is the operating elevation
of the normal summer pool.
126) Public Waters.. Any waters as defined in Minnesota
.Statute, Section 103G.005, Subdivision 15.
26
,
128) Public Waters - Recreational Development. Generally
medium-sized lakes of varying depths and shapes with a
variety of landform, soil, and groundwater situations on
the lands around them. They often are characterized by
moderate levels of recreational use and existing
development. Development consists mainly of seasonal and
year-round residences and recreational-oriented
.commercial uses. Many of these. lakes have. capacities for
accommodating additional development and use.
129) Public Waters - Natural Environment.. Generally small,
often shallow lakes with limited capacities for
assimilating the. impacts of development and recreational
use. They often. have adjacent lands with substantial
constraints .for development such as high .water tables,
exposed bedrock, and unsuitable soils. these lakes,
particularly in rural areas, usually do not. have much
existing development or recreational use.
129A) Public Waters - Tributary Rivers. Segments consist of
watercourses mapped in the Protected Waters Inventory
that have not been assigned one of the river classes.
-These segments. have a wide variety of existing land and
recreational use characteristics. The segments have
considerable potential for additional development and
recreational use, particularly those located near roads
and cities.
138A) Sensitive Resource Management. The preservation and
management of areas unsuitable for, development in their
natural state due to constraints such as shallow soils
over groundwater or bedrock, highly erosive or expansive
soils, steep slopes, susceptibility to flooding, or
occurrence of flora or fauna in need of special
.protection.
139A) Sewage Treatment System. A sewage treatment system, or
part thereof, serving a dwelling, or other establishment,
or group thereof, ,which utilizes subsurface soil
treatment and disposal.
139B) .Sewer System. Pipelines or conduits, pumping stations,
and force main, and all- other construction, devices,
appliances, or appurtenances used for conducting sewage
or industrial waste or other wastes to a point of
ultimate disposal.
139C} Shore Impact Zone. Land located between the ordinary
high water level of a public water and a line parallel to
it at a setback of fifty (50) percent of the structure
setback.
27
~T
142A) Steep Slope.- Land where agricultural activity or
development. is either not recommended or described as
poorly suited due to slope steepness and the site's soil;
characteristics, as mapped and described in available
county soil surveys or other technical reports, unless
appropriate design and construction. techniques and
farming-.practices are used in accordance with the
provisions of this ordinance. Where specific information
is not available, steep slopes are lands having average
slopes over twelve (12) percent, as measured over
horizontal distances of fifty (50) feet or more, that are
not bluffs.
145A) .Surface Water-Oriented Commercial Use. The use of land
for commercial purposes,- where access to and use of a
surface water feature is an integral part of the normal
conductance of business. Marinas, resorts, and
restaurants with transient docking facilities are
examples of such use.
145B) Toe of the Bluff. The lower point of a fifty (50} foot
segment with an average slope exceeding eighteen (18}
percent.
145C) Top of the Bluff. The higher point of a fifty (50) foot:
segment with an .average slope exceeding eighteen (18)
percent.
Section 3. .This Ordinance shall be effective immediately
• following its passage and publication.
ADOPTED by the Lakeville City Council this ist day of
March 1993.
CITY OF LAKEVILLE
By: Duane Zaun, yor
ATTEST:
By: Charlene Frie es, City Clerk
28
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RATE INFORMATION
(1) Lowest classified rate paid by commercial
users for comparable space: $6.65 per column
inch.
(2) Maximum rate allowed by law for the
above matter: $6.65 per column inch.
(3) Rate actually charged for the above
matter: $5.64 per column inch.
AFFIDAVIT OF PUBLICATION
Richard M. Sherman , being duly sworn,
on oath says that he/she is the publisher
or authorized agent and employee of the
publisher of the newspaper known as
Lakeville Life & Times, and has full know-
ledge of the facts which are stated below:
(A) The newspaper has complied with
all of the requirements constituting quali-
fications as a qualified newspaper, as pro-
vided by Minnesota Statute 331A.02,
331A.07, and other applicable laws, as
amended.
(B) The printed
City of Lakeville Ord. 487
which is attached was cut from the col-
umns of said newspaper, arid was printed
and published once on Monday, the
10th day of MaY , 1993; and
printed below is a copy of the lower case
alphabet from A to Z, both inclusive, which
is hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdethijklrnnopgrstuvwxyz
BY: ,ea-rp
TITLE: Publisher
Subscribed and sworn to before me on
this 12th day of May ,1993.
Notary Public
BARBARA J. GROSBERG
NOTARY PUBLIC - MINNESOTA
SCOTT COUNTY
I v ccmrissian expires 1 1 97