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HomeMy WebLinkAbout0346 . 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. 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Jo SIJ;) 'll.lak) A(I,) 041 JI) 0.)!.1111 aql lR u.k)s aq .\Rm luamnx)p laI.yuo.) pus tulu.l 11 0d0.1d 'suo!(e•l!I!.)ads pus staid lll0lllgtiigelso Jim, pus •sa!lip in 'maul Wt)ll.led •WopR.li) A -P R -A R-1 R-2 R-3 R-4 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 LQ 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 T6k-A-\ -e_-- , 19 b