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Home My WebLink About0237 , I l` ORDINANCE NO. 237 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTION 9.4 OF THE LAKEVILLE ZONING ORDINANCE ESTABLISHING REGULATIONS GOVERNING THE PLACEMENT AND SIZE OF ACCESSORY BUILDINGS AND ESTABLISHING LIMITS UNDER WHICH CONDITIONAL USE PERMITS MAY BE ISSUED Section 1. Section 9.4_of the Lakeville Zoning Ordinance is hereby amended to read as follows: 9.4 Accessory Buildings. 1) Farm buildings are exempt from the requirements of Section 9.4. 2) A garage not exceeding 900 square feet shall be considered an integral part of the principal building if it is attached to the principal building or is connected to it by a covered passageway and such garages are exempt from the provisions of Section 9.4. 3) Accessory buildings may encroach into the required side and rear yard set-backs within the rear yard of a lot, except, however, that no such encroachment may occur on required side yard setbacks abutting street in the case of a corner lot. 4) All accessory buildings in A-P, R-A and R-1 districts shall be setback from all adjoining lots a distance equivalent to one-half (Z) the height of the accessory building; shall be located at least ten (10) feet away from any other build- ing or structure on same lot and shall not be located within a utility easement. 5) In all districts other than A-P, R-A and R-1 accessory buildings shall be setback from all adjoining lots a distance equivalent to the height of the accessory building. Acces- sory buildings shall be located ten (10) feet or more from any other building or structure on the. same lot and shall not be located within a utility easement. 6) 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-4 15 feet R-S 15 feet b) Accessory buildings other than garages shall be limited to 10 feet in height on all two family, quadraminium or townhouse unit lots. 7) Except as expressly permitted by conditional use permit an accessory building shall not exceed either of the following area limitations per lot: The Percentage of the Required Minimum Lot Size that may be Maximum Occupied by the Allowable Floor Zoning District Accessory Building Area (Sq. Ft.) A-P Not applicable Not applicable R-A 3% 13,068 feet R-1 10% 2,000 feet R-2 10% 1,100 feet (interior lots) 1,250 feet (corner lots) R-3 5% 469 feet (interior lots) 503 feet (corner lots) R-4-< 10% 15,000 feet R-5 10% 1,500 feet ~'~In R-4 zoning districts the accessory building size shall further be limited to 10% of the unit lots in a two-family, quadraminium or townhouse subdivision. 8) 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 architectual standpoint as to cause: a) A difference to a degree to cause incongruity. b) A depreciation of neighborhood values or adjacent property values. _2_ • c) A nuisance. Types of nuisance characteristics include but are not limited to: noise, dust, odors, glare, and unsightly building exterior. 9) 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 zone 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 City. 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 provision 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. Section 9.15 of the Lakeville Zoning Ordinance is hereby amended by adding thereto subsections (5) and (6) to read as follows: 5) Except in the "A-P" and "R-A" District, no accessory uses or equipment such as air conditioning coaling structures or condensers which generate noise may be located in a side yard except for side yards abutting streets where equipment is to be fully screened from view. 6) Open and Outdoor Storage Within the "I-1" and "I-2" Districts is an allowed use under the following conditions: a) The area occupies space other than a required front or side yard. b) The area is fenced, screened and landscaped according to a plan approved by the Zoning Administrator and -3- a landscape guarantee as determined by the Zoning Administrator is provided. c) If abutting an "P," District, screening and landscaping is provided in compliance with Section 9.7 of this Ordinance. d) The storage area is Grassed or surfaced to control dust. e) All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Section 9.9 of this Ordinance. f) The storage area does not encroach upon required parking space or required loading space as required by this ordinance. Section 3. The Lakeville Zoning Ordinance is hereby amended by adding Section 9.21 to read as follows: 9.21 Bus Shelter and Bus Benches. The erection or placement of bus shelters and covered bus benches in the public right-of-way shall require a conditional use permit as regulated under the provisions of Section 4 of this Ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication according to law. Enacted this 3rd day of Sanuary 19 $4. CITY OF KEVILLE BY .~~iVIA- ~(.(~ni Duan Zaun, May r ATT C l Patrick E. McGarvey, City Jerk -4 PUBLIC NOTICE ORDINANCE NO. 237 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTION 9.4 OF THE LAKEVILLE ZONING ORDINANCE ESTABLISHING REGULATIONS GOVERNING THE PLACEMENT AND SIZE OF ACCESSORY BUILDINGS AND ESTABLISHING LIMITS UNDER WHICH CONDITIONAL USE PERMITS MAY BE ISSUED. Section 1. Section 9.4 of the Lakeville Zon- ing Ordinance is hereby amended to rend as follows: 9.4 Accessory Buildings. 1) Farm buildings are exempt from the re- quirements of Section 9.4. 2) A garage not exceeding 900 square feet shall be considered an integral part of the principal building if it is attached to the.prin- cipal building or is connected to it by a covered passageway and such garages are exempt from the provisions of Section 9.4. 3) Accessory buildings may encroach into the required side and rear yard set -backs within the rear yard of a lot, except, however, that no such encroachment may occur on required side yard setbacks abut- ting street in the case of a corner lot. 4) All accessory buildings in A -P, R -A and R-1 districts shall be setback fromall adjoin- ing lots a distance equivalent to one-half 1 t ) the height of the accessory building; shall be located at least ten 1,10) feet away from any other building or structure on same lot and shall not be located within a utility ease- ment. 5) In all districts other than A -P, R -A and R-1 accessory buildings shall be setback from all adjoining lots a distance equivalent to the height of the accessory building. Ac- cessory buildings shall be located ten 110) feet or more from any other building or structure on the same lot and shall not be located within a utility easement. 6) Except as expressly permitted by condi- tional use permit accessory buildings shall comply with the following height limita- tions: a) Zoning District Maximum Height A -P 20 feet R -A 20 feet R-1 20 feet aouwng streets wnere equIpmeu, ,o w Uc fully screened from view. 6) Open and Outdoor Storage Within the "1-1" and "I-2" Districts is an allowed use under the following conditions: a) The area occupies space other than a re- quired front or side yard. b) The area is fenced, screened and land- scaped according to a plan approved by the Zoning Administrator and a landscape guarantee as determined by the Zoning Administrator is provided. c) If abutting an "R" District, screening and landscaping is provided in compliance with Section 9.7 of this Ordinance. d) The storage area is grassed or surfaced to control dust. e) All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Section 9.9 of this Or- dinance. f) The storage area does not encroach upon required parking space or required loading space as required by this or- dinance. Section 3. The Lakeville Zoning Ordinance is hereby amended by adding Section 9.21 to read as follows: 9.21 Bus Shelter and Bus Benches. The erec- tion or placement of bus shelters and covered bus benches in the. public right-of- way shall require a conditional use permit as regulated under the provisions of Section 4 of this Ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publica- tion according to law. Enacted this 3rd day of January, 1984. CITY OF LAKEVILLE BY DUANE ZAUN Mayor ATTEST: PATRICK E. McGARVEY City Clerk 289 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) County of Dakota ) SS NANCY J. GUSTAFSON, being duly sworn, on oath says that she is an 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 has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331.02, 331.06, and other applicable laws, as amended. (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once each-weehi, for sum.e weeks; it was first published on Thursday, the AI-. day of 4,y 19 J 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 bcdef ghi jklmnopgrstuvwxyz if - TITLE: Secretary toPub sher Subscribed and sworn to before me this, day of ;PJLe-Q 9 UL Notary Public 1" �►� CAROL J. HAVERLAND tetik, NOTARY PUELIC - tv11NNESOTA DAKOTA COUNTY My Commission Expires Dec. 3, 1089