HomeMy WebLinkAbout0996ORDINANCE NO. 996
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLES 3 (BUSINESS AND LICENSE REGULATIONS),
4 (HEALTH AND SANITATION), AND 11 (ZONING)
OF THE LAKEVILLE CITY CODE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Section 3-8-1 of the Lakeville City Code (Mixed Municipal Solid Waste And
Recyclables Collectors - Definitions) is hereby amended to revise the following definition:
REFUSE: Solid wastes such as nonrecyclable glass, crockery, cans, paper boxes,
rags and yard waste.
Section 2. Section 4-1-3.A of the Lakeville City Code (Nuisances — Length of Weeds and
Grass) is hereby amended read as follows:
A. Pervasive weeds or grass in excess of eight inches (8") in length, on any
lot less than one acre in size that has a building constructed on it, is a public
nuisance and is prohibited.
Section 3. Section 4-1-3.8 of the Lakeville City Code (Nuisances — Length of Weeds and
Grass) is hereby amended read as follows:
B. Pervasive weeds or grass in excess of eight inches (8") in length, on any
lot less than one acre in size that abuts a lot that has a building constructed
on it, is a public nuisance and is prohibited.
Section 4. Section 4-1-5.A of the Lakeville City Code (Waste) is hereby amended read
as follows:
A. Any accumulation of refuse as defined by this Code on any premises not
stored in containers which comply with this Code, or any accumulation of
refuse on any premises which has remained thereon for more than one
week is hereby declared to be a nuisance and may be abated by order of
the City Health Officer, as provided by Minnesota Statutes section 145A.04,
subdivision 8, as may be amended, and the cost of abatement may be
assessed on the property where the nuisance was found, as provided by
law.
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Section 5. Section 4-2-1 of the Lakeville City Code (Mixed Municipal Solid Waste and
Recyclables - Definitions) is hereby amended to revise the following definitions:
HOUSEHOLD: An individual or group that maintains a common household and
use of common cooking and kitchen facilities and common entrances to a single
dwelling unit, where the group consists of:
A. Two (2) or more persons each related to the other by blood, marriage,
domestic partnership, adoption, legal guardianship, foster children, and/or
cultural or educational exchange program participants hosted by the
principal family; or
B. Not more than four (4) unrelated persons.
REFUSE: Solid wastes such as nonrecyclable glass, crockery, cans, paper boxes,
rags, and yard waste.
Section 6. Section 4-2-5.0 of the Lakeville City Code (Mixed Municipal Solid Waste and
Recyclables — Container Requirements) is hereby amended to read as follows:
C. Location Of Containers:
1. Containers for mixed municipal solid waste and recyclable
materials shall be kept as required by Section 11-18-11 of the
Zoning Ordinance.
2. Containers shall be accessible at times of collection and shall be
placed near the street, but not within the traveled portion of the
roadway) at designated collection times for a period not longer than
twenty four (24) hours.
D. Mixed municipal solid waste containers shall not be used for incinerators.
No mixed municipal solid waste shall at any time be burned in any bonfire
or other fire, whether in a container or in the open.
Section 7. Section 11-2-3 of the Lakeville City Code (Zoning Ordinance - Definitions) is
hereby amended to include the following definition:
ENCOSED SELF -STORAGE FACILITY: A warehouse with multiple individual
units accessed from inside the principal building by shared exterior doors made
available for lease for storage of personal property.
Section 8. Section 11-2-3 of the Lakeville City Code (Zoning Ordinance - Definitions) is
hereby amended to revise the existing definition of House Pet Enclosure to read as follows:
ANIMAL ENCLOSURE: Any accessory building or portion thereof, accessory
structure or area of any kind, including, without limitation, pens, runs, kennels and
pet houses, that is principally used or designed for use as a place for keeping
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house pets. An electronic containment system is not considered an animal
enclosure.
Section 9. Section 11-17-91.8 of the Lakeville City Code (General Yard, Lot Area and
Building Regulations — Building Type and Construction) is hereby amended to read as follows:
8. Painting Brick Or Stone: Grade A brick or stone exteriors of multiple
family residential, commercial, industrial, or institutional buildings
shall not be painted during the life of the exterior materials.
Section 10. Section 11-18-7.E of the Lakeville City Code (Accessory Buildings,
Structures, Uses and Equipment — Single Family Attached and Detached Accessory Uses -
Animal Enclosures) is hereby amended to read as follows:
4. No animal enclosure shall exceed two hundred (200) square feet,
unless approved through an administrative permit.
Section 11. Section 11-18-7.F of the Lakeville City Code (Accessory Buildings,
Structures, Uses and Equipment — Single Family Attached and Detached Accessory Uses) is
hereby amended to read as follows:
F. Ice Fishing Houses: Structures used as shelters on ice for fishing as
regulated by Minnesota Statutes 97C.355 shall be subject to the following
provisions when stored upon a lot:
1. One (1) ice fishing houses not constructed as a trailer shall be
allowed and regulated as an accessory building subject to the
setback, square footage and other regulations of this section.
2. An ice fishing house that is constructed as a trailer shall be
regulated as recreational vehicles in accordance with
subsection 11-22-5.A.2 of this title.
Section 12. Section 11-18-7.G of the Lakeville City Code (Accessory Buildings,
Structures, Uses and Equipment — Single Family Attached and Detached Accessory Uses) is
hereby amended to read as follows:
G. Compost Structures And Firewood Piles: Compost structures and firewood
neatly stacked shall be considered accessory uses, shall be limited to rear
yards and shall be set back ten feet (10') from all property lines, but shall
not be subject to limitations applicable to the number of allowed accessory
structures or individual area and total area allowed for accessory structures
by this section.
Section 13. Section 11-19-7.1.8.a of the Lakeville City Code (Off Street Parking
Requirements — General Provisions) is hereby amended to read as follows:
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a. No driveway curb cut access shall exceed twenty eight feet
(28') in width unless approved by the city engineer where
required to allow adequate turning movement for
commercial, industrial, or institutional uses.
Section 14. Section 11-19-11.E of the Lakeville City Code (Off Street Parking
Requirements — Location) is hereby amended to read as follows:
E. Setback Area: Required accessory off street parking in the A -P, RA, RS -1,
RS -2, RS -3, RS -4, RS -CBD, RST -1, and RST -2 districts:
1. Shall not be located in required front yards or in required side yards
adjacent to a public right of way in the case of a corner lot.
2. Shall be setback a minimum of five feet (6) from interior side lot
lines.
Section 15. Section 11-19-11.F of the Lakeville City Code (Off Street Parking
Requirements — Location) is hereby amended to read as follows:
F. Prohibited In Yard: In the case of single-family, two-family, and townhouse
dwellings parking shall be prohibited in any portion of the front, side, or rear
yard except on designated driveways surfaced with bituminous material,
concrete, or paver bricks leading directly into a garage or one open,
surfaced space not exceeding twelve feet (12') in width located on the side
of a driveway or on the side of a garage, away from the principal use.
Section 16. Section 11-21-5.F.1 of the Lakeville City Code
(Fencing/Screening/Landscaping — Residential Fences) is hereby repealed and subsequent
sections renumbered accordingly.
Section 17. Section 11-22-5.A.2 of the Lakeville City Code (Outdoor Storage —
Exceptions; Accessory Use) is hereby amended to read as follows:
2. Not more than two (2) licensed and operable recreational vehicles
and equipment may be parked or stored on property outside a
building as follows:
a. In the front yard, provided they are kept on an established
driveway, entirely on the equipment or vehicle owner's
property. Recreational vehicles may not be parked or stored
on public property or street right of way.
b. In the side yard only when abutting an attached or detached
garage, provided that:
(1) The recreational vehicles and equipment are not
closer than five feet (5') from the side lot line and not
within a required buffer yard.
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(2) The area on which the recreational vehicle and
equipment are stored shall be surfaced with asphalt,
concrete or paving brick.
(3) The recreational vehicles and equipment within the
side yard of a corner lot abutting a public right-of-
way are not closer than twenty (20') feet from the
property line.
C. In the rear yard not closer than ten feet (10') from the rear
lot line, five feet (6) from the side lot lines.
d. Recreational vehicles and equipment shall not be stored
within a shoreland impact zone or bluff impact zone, except
for watercraft.
Section 18. Section 11-23-7.13 of the Lakeville City Code (Signs — Permit Not Required)
is hereby amended to read as follows:
B. Not more than two (2) signs four (4) square feet or less in area.
Section 19. Section 11-23-151 of the Lakeville City Code (Signs — General Provisions)
is hereby amended to read as follows:
L. Square Footage Calculation: The area within the frame of a sign shall be
used to calculate the square footage except that the width of a frame
exceeding twelve inches (12") shall constitute sign face, and if such letters
or graphics be mounted directly on a wall or fascia or in such way as to be
without a frame the dimensions for calculating the square footage shall be
the area in a plane figure bounded by straight lines connecting the
outermost points thereof. Each surface utilized to display a message or to
attract attention shall be measured as a separate sign and shall be
calculated in the overall square footage. Symbols, flags, pictures, wording,
figures or other forms of graphics painted on or attached to windows, walls,
awnings, freestanding structures, suspended by balloons, or kites or on
persons, animals, or vehicles are considered a sign and are included in
calculating the overall square footage.
Section 20. Section 11-23-15.T.2.c(2)(D) of the Lakeville City Code (Signs -- General
Provisions) is hereby amended to read as follows:
(D) The sign base and supporting
material constructed of stone, brick,
or decorative masonry shall be equal
to at least forty percent (40%) of the
total sign area, but shall not be
counted toward the sign area and
shall not contain any sign copy.
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Section 21. Section 11-23-15.T.3.c(2)(D) of the Lakeville City Code (Signs — General
Provisions) is hereby amended to read as follows:
(D) The sign base and supporting
material constructed of stone, brick,
or decorative masonry shall be equal
to at least forty percent (40%) of the
total sign area, but shall not be
counted toward the sign area and
shall not contain any sign copy.
Section 22. Section 11-23-19.C.1.b of the Lakeville City Code (Signs — District
Regulations) is hereby amended to read as follows:
b. Wall, Canopy, Or Marquee Sign: For single occupancy
buildings, not more than one (1) wall, canopy, or marquee
sign shall be permitted on one (1) elevation or in the case of
a corner lot or through lot where wall signs may be installed
on two (2) elevations, except no sign shall be installed on
an elevation facing an interior side or rear yard abutting a
residential district. The area of individual signs shall not
exceed fifty (50) square feet.
Section 23. Section 11-23-19.D.1.b of the Lakeville City Code (Signs — District
Regulations) is hereby amended to read as follows:
b. Wall, Canopy, Or Marquee Sign: For single occupancy
buildings, not more than one (1) wall, canopy, or marquee
sign shall be permitted on one (1) or in the case of a corner
lot or through lot where wall signs may be installed on two
(2) elevations, except no sign shall be installed on an
elevation facing an interior side or rear yard abutting a
residential district. The area of individual signs shall not
exceed sixty four (64) square feet.
Section 24. Section 11-23-19.E.1.b(1) of the Lakeville City Code (Signs — District
Regulations) is hereby amended to read as follows:
(1) For single occupancy buildings, not more than one
wall, canopy, or marquee sign shall be permitted on
one elevation or in the case of a corner lot or through
lot where wall signs may be installed on two (2)
elevations, except no sign shall be installed on an
elevation facing an interior side or rear yard abutting
a residential district, or as may be allowed by
subsections E1 b(3) and E1 b(4) of this section.
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Section 25. Section 11-23-19.E.1.b(1)(B)(i) of the Lakeville City Code (Signs — District
Regulations) is hereby amended to read as follows:
(i) Additional secondary wall
signs shall be allowed on one
(1) elevation of the principal
building other than an
elevation facing an interior
side or rear yard abutting a
residential district.
Section 26. Section 11-23-19.F.1.b of the Lakeville City Code (Signs — District
Regulations) is hereby amended to read as follows:
b. Wall, Canopy, 4r Marquee Sign: For single occupancy
buildings, not more than one wall, canopy, or marquee sign
shall be permitted on one elevation or in the case of a corner
lot or through lot where wall signs may be installed on two
(2) elevations, except no sign shall be installed on an
elevation facing an interior side or rear yard abutting a
residential district. The area of individual signs shall not
exceed one hundred (100) square feet.
Section 27. Section 11-23-19.G.1.b(1) of the Lakeville City Code (Signs — District
Regulations) is hereby amended to read as follows:
(1) For single occupancy buildings, not more than one
wall, canopy, or marquee sign shall be permitted on
one elevation or in the case of a corner lot or through
lot where wall signs may be installed on two (2)
elevations, except no sign shall be installed on an
elevation facing an interior side or rear yard abutting
a residential district, as well as secondary signs as
may be allowed by subsection G 1 b(3) of this
section.
Section 28. Section 11-23-19.G.1.b(1)(B)(i) of the Lakeville City Code (Signs — District
Regulations) is hereby amended to read as follows:
(i) Additional secondary wall
signs shall be allowed on one
(1) elevation other than an
elevation facing an interior
side or rear yard abutting a
residential district.
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Section 29. Section 11-32-3 of the Lakeville City Code (Home Occupations - Application)
is hereby amended to read as follows:
11-32-3: APPLICATION:
All occupations conducted in the home shall comply with the provisions of this
chapter. This chapter shall not be construed, however, to apply to home
occupations accessory to farming, home offices as defined by this title, or other
occupations that do not involve or require the patron to be upon the premises.
Section 30. Section 11-32-7.M.1.a of the Lakeville City Code (Home Occupations —
General Provisions) is hereby repealed and subsequent sections renumbered accordingly.
Section 31. Section 11-37-3.F.4 of the Lakeville City Code (Motor Vehicle Fuel Facilities
— Canopy) is hereby amended to read as follows:
4. Canopy lighting shall consist of canister spotlights recessed into the
canopy with no portion of the light source or fixture extending below
the bottom face of the canopy. Total canopy illumination may not
exceed the limits established by Section 11-16-17.A of this title. The
fascia of the canopy shall not be illuminated.
Section 32. Section 11-37-3.J of the Lakeville City Code (Motor Vehicle Fuel Facilities —
Exterior Lighting) is hereby amended to read as follows:
J. Exterior Lighting: The lighting shall be accomplished in such a way as to
have no direct source of light visible from adjacent land in residential use
or from the public right of way and shall be in compliance with section 11-
16-17 of this title.
Section 33. Section 11-37-3.M.2 of the Lakeville City Code (Motor Vehicle Fuel Facilities
— Pedestrian Traffic) is hereby amended to read as follows:
2. A continuous and permanent concrete curb not less than six inches
(6") above grade or bollards a minimum of three (3) feet in height
shall separate internal sidewalks for pedestrian traffic from motor
vehicle areas, pursuant to the provisions of subsection 11-19-7.1 of
this title.
Section 34. Section 11-37-7.B.7.d of the Lakeville City Code (Truck Stops — Canopy) is
hereby amended to read as follows:
d. Canopy lighting shall consist of canister spotlights recessed
into the canopy with no portion of the light source or fixture
extending below the bottom face of the canopy. Total
canopy illumination may not exceed the limits established
by Section 11-16-17.A of this title. The fascia of the canopy
shall not be illuminated.
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Section 35. Section 11-37-7.B.11 of the Lakeville City Code (Motor Vehicle Fuel Facilities
— Exterior Lighting) is hereby amended to read as follows:
11. Exterior Lighting: The lighting shall be accomplished in such a way
as to have no direct source of light visible from adjacent land in
residential use or from the public right of way and shall be in
compliance with section 11-16-17 of this title.
Section 36. Section 11-37-7.B.15.b of the Lakeville City Code (Truck Stops — Pedestrian
Traffic) is hereby amended to read as follows:
b. A continuous and permanent concrete curb not less than six
inches (6") above grade or bollards a minimum of three (3)
feet in height shall separate internal sidewalks for
pedestrian traffic from motor vehicle areas, pursuant to the
provisions of subsection 11-19-7.1 of this title.
Section 37. Section 11-58-21.C.4 of the Lakeville City Code (RM -1 District — Design and
Construction Standards) is hereby amended to read as follows:
4. Exterior Building Finish, Detached Townhome Dwelling, Two -Family, and
Townhouse Dwelling Units: The exterior of detached townhome and two-
family dwelling units shall include a variation in building materials which are
to be distributed throughout the building elevations and coordinated into
the architectural design of the structure to create an architecturally
balanced appearance. In addition, detached townhome and two-family
dwelling structures shall comply with the following requirements:
a. A minimum of twenty five percent (25%) of the area of each
elevation of a structure shall have an exterior finish of brick, stucco
and/or natural or artificial stone.
b. Except for brick, stucco, and/or natural or artificial stone, no single
elevation shall have more than seventy five percent (75%) of one
type of exterior finish.
C. Except for brick, stucco, and/or natural or artificial stone, no
townhome dwelling structure shall have more than sixty percent
(60%) of all elevations of one type of exterior finish.
d. For the purpose of this section:
(1) The area of the elevation shall not include area devoted to
windows, entrance doors, garage doors, or roof areas.
(2) Variations in texture or style (i.e., lap siding versus shake
shingle siding) shall be considered as different materials
meeting the requirements of this section.
D
(3) Integral colored split face (rock face) concrete block,
engineered wood siding, or cement fiberboard shall qualify
for meeting the brick, stucco and/or natural or artificial stone
exterior material requirements for any elevation of a building
that is not its front defined by the primary exterior entrance.
If these materials are used to meet the brick, stucco and/or
natural or artificial stone exterior material requirement for
the other elevations, the material shall extend the full width
of the foundation adjacent at ground level and shall be used
for at least sixty percent (60%) of the area of that elevation.
Section 38. Section 11-59-21.C.4 of the Lakeville City Code (RM -2 District— Design and
Construction Standards) is hereby amended to read as follows:
4. Exterior Building Finish, Detached Townhome Dwelling, Two -
Family, and Townhouse Dwelling Units: The exterior of detached
townhome and two-family dwelling units shall include a variation in
building materials which are to be distributed throughout the
building elevations and coordinated into the architectural design of
the structure to create an architecturally balanced appearance. In
addition, detached townhome and two-family dwelling structures
shall comply with the following requirements:
a. A minimum of twenty five percent (25%) of the area of each
elevation of a structure shall have an exterior finish of brick,
stucco and/or natural or artificial stone.
b. Except for brick, stucco, and/or natural or artificial stone, no
single elevation shall have more than seventy five percent
(75%) of one type of exterior finish.
C. Except for brick, stucco, and/or natural or artificial stone, no
townhome dwelling structure shall have more than sixty
percent (60%) of all elevations of one type of exterior finish.
d. For the purpose of this section:
(1) The area of the elevation shall not include area
devoted to windows, entrance doors, garage doors,
or roof areas.
(2) Variations in texture or style (i.e., lap siding versus
shake shingle siding) shall be considered as
different materials meeting the requirements of this
section.
(3) Integral colored split face (rock face) concrete block,
engineered wood siding, or cement fiberboard shall
qualify for meeting the brick, stucco and/or natural or
artificial stone exterior material requirements for any
elevation of a building that is not its front defined by
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the primary exterior entrance. If these materials are
used to meet the brick, stucco and/or natural or
artificial stone exterior material requirement for the
other elevations, the material shall extend the full
width of the foundation adjacent at ground level and
shall be used for at least sixty percent (60%) of the
area of that elevation.
Section 39. Section 11-72-3 of the Lakeville City Code (C-2 District — Permitted Uses) is
hereby amended to insert the following provision and renumber the subsequent sections
accordingly:
C. Enclosed self -storage warehouse facilities.
Section 40. Section 11-72-7.G.5 of the Lakeville City Code (C-2 District — Convenience
Restaurants) is hereby amended read as follows:
5. Exterior Lighting: The lighting shall be accomplished in such a way
as to have no direct source of light visible from adjacent land in
residential use or from the public right of way and shall be in
compliance with section 11-16-17 of this title.
Section 41. Section 11-73-7.G.5 of the Lakeville City Code (C-3 District — Convenience
Restaurants) is hereby amended read as follows:
5. Exterior Lighting: The lighting shall be accomplished in such a way
as to have no direct source of light visible from adjacent land in
residential use or from the public right of way and shall be in
compliance with section 11-16-17 of this title.
Section 42. Section 11-74-7.G.5 of the Lakeville City Code (C -CBD District —
Convenience Restaurants) is hereby amended read as follows:
5. Exterior Lighting: The lighting shall be accomplished in such a way
as to have no direct source of light visible from adjacent land in
residential use or from the public right of way and shall be in
compliance with section 11-16-17 of this title.
Section 43. This Ordinance shall be effective immediately upon its passage and
publication according to law.
ADOPTED by the Lakeville City Council this 71" day of May 2018
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ATTEST
BY:
Charlene Friedges, City rk
CITY OF LAKEVILLE
B
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SUMMARY ORDINANCE NO. 996
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLES 3 (BUSINESS AND LICENSE REGULATIONS), 4
(HEALTH AND SANITATION), AND 11 (ZONING) OF THE LAKEVILLE CITY CODE
This ordinance amends Titles 3,4 and 11 of the Lakeville City Code. Amendments have been
made to the following chapters of the Lakeville City Code:
Title 3 (Business and License Regulations)
Chapter 8-1 (Mixed Municipal Solid Waste and Recyclables Collectors - Definitions)
Title 4 (Health and Sanitation)
Chapter 1-3 (Nuisances - Length of Weeds and Grass)
Chapter 1-5 (Nuisances -Waste)
Chapter 2-1 (Mixed Municipal Solid Waste and Recyclables - Definitions)
Chapter 2-5 (Mixed Municipal Solid Waste and Recyclables - Container Requirements)
Title 11 (Zoning Ordinance)
Chapter 2-3 (Definitions)
Chapter 17-9 (Building Type and Construction)
Chapter 18-7 (Accessory Buildings, Structures, Uses and Equipment)
Chapter 19-7 and 11 (Off -Street Parking Requirements)
Chapter 21-5 (Residential Fences)
Chapter 22-5 (Outdoor Storage)
Chapter 23-7,15 and 19 (Signs)
Chapter 32-3 and 7 (Home Occupations)
Chapter 37-3 and 7 (Motor Vehicle Fuel Facilities)
Chapter 58-21 (RM -1 District - Design and Construction Standards)
Chapter 59-21 (RM -2 District - Design and Construction Standards)
Chapter 72-3 and 7 (C-2 District - Permitted and Conditional Uses)
Chapter 73-7 (C-3 District - Conditional Uses)
Chapter 74-7 (C -CBD District - Conditional Uses)
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 7t" day of
May 2018
CITY OF LAKEVILLE
BY:
Douglas P. Anderson, Mayor
ATTEST:
Charlene Friedges, Clerk