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ORDINANCE N0. 346
CITY OF LAY,EVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING ORDINANCE N0. 167, THE ZONING
ORDINANCE BY AMENDING SECTION 9.4, ACCESSORY BUILDINGS.
Section 1. Ordinance No. 167 is amended by amending
Section 9.4 to read as follows:
9.4 Accessory Buildings.
1) Farm buildings are exempt from the requirements
of Section 9.4.
2) A garage attached to the Principal building shall
not exceed one thousand (1,000) square teet and
shall be subJect to all building and setback
requirements of the principal structure.
3) Accessory buildings may encroach Into the required
side and rear yard setbacks when located in the
rear yard of the ]ot, except that no such
encroachment may occur on required side yard
setbacks abutting a street In the case of a corner
lot. Accessory buildings may not encroach into
the required front yard setback of the respective
zoning district.
4) In all residential districts accessory buildings
shall be set back ten C10) feet from all adJOining
lots, and shall be located at least ten <10> feet
away from any other building or structure en the
same tot and shall not be located within a
drainage or utility easement.
5) The height of an accessory building shall be
measured from the mean ground level to the
uppermost point of the roof. Except as expressly,
permitted by conditional use permit, accessory
buildings shall comply with the following
height limitations:
a) Zoning District Maximum Height
A-P 20 feet
R-A 20 feet
R-1 20 feet
R-2 15 feet
.
R-3 10 feet, except
garages which
shall not exceed
15 feet
R-9 15 feet
R-5 15 feet
b> Accessory buildings other than garages shall
be limited to ten C10) feet in height on al]
two family, quadraminium or townhouse unit
lots.
6) Except as expressly permitted by conditional use
permit, the combination of an accessory building
and garages shall not exceed either of the
following area limitation per lot:
The Percentage of the
Required Minimum Lot Maximum
Size that may be Allowable
Zoning Occupied by the Floor Area
District Accessory Building CSq.Ft.)
A-P Not Applicable Not Applicable
R-A 3% 13,068 ft.
R-1 10% 2,000 ft.
R-2 10% 1,100 ft.
(corner lots)
1,250 ft.
Ccorner lots)
R-3 7% 7gg f t .
(interior lots)
656 f t ,
Ccorner lots)
R-4~ 10% .1,500 ft,
R-5 10% 1,500 ft.
~In R-4 zoning districts the accessory building
size shall further be limited to ten (SO) percent
of the unit lots in a two family, quadraminium
or townhouse subdivision.
7) The same or similar quality exterior building
material shall be used in the accessory building
and in the principal building. All accessory
buildings shall also be compatible with the
principal building on the lot. "Compatible" means
that the exterior appearance of the accessory
building Is not at variance with the principal
building from an aesthetic and architectural
standpoint as to cause:
a) A difference to a degree to cause
incongruity.
b) A depreciation of neighborhood values or
adjacent property values.
c) A nuisance. Types of nuiance characteristics
include but are not limited to: noise, dust;
odors, glare, and unsightly building
exterior.
8) Conditional Use Permits. The height and area
limits for accessory buildings may not exceed that
allowed in Sections 9.4 6) and 9.4 7> except by a
conditional use permit. In addition, no permit
shall be issued for the construction of more than
one accessory building Per lot in residential
zones except by conditional use permit.
Application for a conditional use permit under
this subsection shall be regulated by Section 4 of
this Ordinance. Such a conditional use permit may
be granted, provided that:
a) There is a demonstrated need and potential
for continued use of the structure for the
purpose stated.
b) No commercial or home occupation activities
are conducted on the property.
c) The building has an evident re-use or
function related to a single family
residential environment in urban service
areas or hobby farm environment in non-
urban service areas of the Clty.
d) Accessory building shall be maintained
in a manner that is compatible with the
adjacent residential uses and does not
present a hazard to public health, safety
and general welfare.
e) The provisions of Section 4.2 of this
Ordinance shall be considered and a
determination made that the proposed
activity is in compliance with such
criteria.
.
Section 2. This Ordinance shall become effective
immediately upon its passage and publlcatlon.
Adopted by the Lakeville City Council on this 6th day
of June 1988.
CITY OF LAKEVILLE
BY: Duane R. Zaun tayor
ATTEST:
C
Patrick •E. McGarvey, Cle .
PUBLIC NOTICE
ORIDINANCE P40. 346
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING ORDINANCE
NO. 167, THE ZONING ORDINANCE BY
AMENDING SECTION 9.4, ACCESSORY
BUILDINGS.
S.ction 1. Ordinance No. 167, is amended
by amending Section 9.4 to read as follows,
9.4 Accessory Buildings.
1) Farm buildings are exempt from the re-
quirements of Section 9.4.
2) A garage attached to the principal
building shall not exceed one thousand
(1,000 square Ieel and shall be subject lo all'
building and setback requirements of the
principal structure.
3) Accessory buildings may encroach into
the required side and rear yard setbacks
when located in the rear yard of the lot, ex-
cept that no such encroachment may occur
on required side yard setbacks abutting a
street in the case of a corner lot. Accessory
buildings may not encroach into the required
front yard setback of the respective zoning
district.
4) In all residential districts accessory
buildings shall be set back ten (10) feet from
all adjoining lots, and shall be located at
least ten (10) feet away from any other
building or structure on the same lot and
shall not be located within a drainage or
utility easement.
5) The height of an accessory building
shall be measured from the mean ground
level to the uppermost point of the roof. Ex-
cept as expressly permitted by conditional
use permit, accessory buildings shall comp-
ly with the following height limitations:
a) Zoning District Maximum Height
20feet
20 feet
20 feet
15 feet
10 feet, except garages
which shall not exceed 15 feet
15 feet
R-5 15feet
b) Acessory buildings other than garages
shall be limited to ten (10) feet in height on
all two family, quadraminium or townhouse
unit lots.
6) Except as expressly permitted by condi-
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
County of Dakota
SS
NANCY J. GUSTAFSON, being duly sworn, on oath says that she is on authorized agent and
employee of the publisher of the newspaper known as Dakota County Tribune, and has full knowledge
of the facts which are stated below:
(A) The newspaper hos complied with all of the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07 and other applicable laws, as amended.
(B) The printed
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which is attached was cut from the columns of said newspaper, and was printed and published once
successive weeks; it was
first published on Thursday, the
19 81r
`day of v whtl/
, and was thereafter printed and published on every Thursday to and including
Thursday, the day of , 19
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:
a bcdefghijklmnopgrstuvwxyz
Subscribed and sworn to before me o
I5 ! L day of
Notary Public
44004.
.,, CAROL J. HAVERLAND
NOTARY PUBLIC - MINNESOTA
DAKOTA COUNTY
My Comm. Exp. Dec. 3. 1989
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