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ORDINANCE NUMBER 167
AN ORDINANCE ESTABLISHING AN UPDATED ZONING ORDINANCE TEXT AND ZONING ORDINANCE
MAP FOR THE CITY OF LAKEVILLE, MINNESOTA.
THE CITY COUNCIL OF THE CITY OF LAKEVILLE DDES ORDAIN:
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SECTION 1. TITLE AND APPLICATION
1.1 Title. This Ordinance shall be known as the "Lakeville Zoning Ordtna~tee`'
except as referred to herein, where it shall be.'known as "this Ordinance"-
1.2 Intent and Purpose. The intent of this Ordinance-is to protect the public
health, safety and general welfare of the commuriity•and its ,people through
the establishment of minimum regulations in regard to .loeation, erection;
construction, alteration and use of structures and land. Such regulations
are established to protect such use areas; to promote orderly development
and redevelopment; to provide adequate light, air and convenience of access
to property; to prevent congestion in the public right-of-way; to prevent
overcrowding of land and undue concentration of structures by regulating
land, building, yards and density of population; to provide for compatibil-
ity of different land uses; to provide for administration of this Ordin-
ance, to provide for amendments; to prescribe penalties for violation of
such regulations; and to define powers and duties of the City staff, the
Board of Adjustment and Appeals, the Planning Commission, and the City
Council in relation to the Zoning Ordinance.
1.3 Relation to Comprehensive P1unicipal Plan. It is the policy of the City of
Lakeville that the enforcement, amendment, and administration of this Or-
dinance be accomplished with due consideration of the recommendations con-
. tained in the City Comprehensive Plan as developed and amended from time
to time by the Planning Commission and City Council of the City. The Coun-
cil recognizes the City Comprehensive Plan as the Policy for responsibility
to regulate land use and development in accordance with the policies and
purpose herein set forth.
1.4 Standard, Requirement. Where the conditions imposed by any provision of
this Ordinance are either more or less restrictive than comparable condi-
tions imposed by other ordinance, rule or regulation of the City, the
ordinance, rule or regulation which imposes the more restrictive condition,
standard, or requirement shall prevail.
1.5 In their interpretation and application, the provisions of this Ordinance
shall be held to the minimum requirements for the promotion of the .public
health, safety and welfare.
1.6 No structure shall be erected, converted, enlarged, reconstructed or al-
tered, and no structure or land shall be used for any purpose nor in any
manner which is not in conformity with the provisions of this Ordinance.
1.7 Except as herein provided, no building, structure or premises shall here-
after be used or occupied and no building permit shall be granted that does
not conform to the requirements of this Ordinance.
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1.8 Uses Not Provided for Within Zoning Districts. Whenever in any zoning di s- ,
trict a use is neither specifically permitted nor denied, the use shall be '
considered prohibited. In such cases the City Council or the Planning Com-
mission, on their own initiative or upon request, may conduct a study to
determine if the use is acceptable and if so what zoning district would be
most appropriate and the determination as to conditions and standards re-
lating to development of the use. The City Council, Planning Commission or
'property owner, upon receipt of the staff study sha71, if appropriate, ini-
tiate an amendment to the Zoning Ordinance to provide for the particular
use under consideration or shall find that the use is not compatible for
development within the City.
1.9 Separability. It is hereby declared to be the intention of the City that
the several provisions of this Ordinance are separable in accordance with
the following:
1) If any court of competent jurisdicticn shall adjudge any provision of
this Ordinance to be invalid, such judgement shall not effect any
other provisions of this Ordinance not specifically included in said
judgement.
2) If any court of competent jurisdiction shall adjudge invalid the ap-
p]ication of any provision of this Ordinance to a particular proper-
ty, building, or other structure, such judgement shall not affect the
application of said provision to any other property, building, or
structure not specifically included in said judgement.
1.10 Authority. This Ordinance is enacted pursuant to the authority granted by
the Municipal Planning Act, Plinnesota Statutes, Section 462.351 to 462.363.
1.11 Comprehensive; Revision. The Council intends this Ordinance to be a com-
prehensive revision to Ordinance No. 42 of the City, as amended. Any act
done, offense committed, or rights accruing or accrued, or liability, pen-
alty incurred or imposed prior to the effective date of this Ordinance is
not affected by its enactment.
1.12 Repeal. Ordinance No. 42 as amended, of the City of Lakeville is hereby
repealed.
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SECTION 2. RULES AND DEFINITIONS
2.1 Rules. The language set forth in the text of this Ordinance shall be inter-
preted in accordance with the following rules of construction:
1)~ The singular number includes the plural, and the plural the singular.
2) The present tense includes the past and the future tenses, and the
future the present.
3) The word "shall" is mandatory while the word "may" is permissive.
4) The masculine gender includes the feminine and neuter.
5) Whenever a word or term defined hereinafter appears in the text of
this Ordinance, its meaning shall be construed as set forth in such
definition thereof.
6) All measured distances expressed in feet shall be the nearest tenth
of a foot.
2.2 Definitions. The following words and terms, wherever they occur in this
Ordinance, shall be interpreted as herein defined:
1) Abutting. Making contact with or separated only by public thorough-
fare, railroad, public utility right-of-way or navigable waters.
2) Accessory Building or Use. A subordinate building or use which is
located on the same lot on which the main building or use is situated
and which is reasonably necessary and incidental to the conduct of the
primary use of such building or main use.
3) Addition. A physical enlargement of an existing structure.
4) Agriculture Uses. Those uses commonly associated with the growing of
produce on farms. These include: field crop farming; pasture for hay;
fruit growing; tree, plant, shrub, or flower nursery without building;
truck gardening; roadside stand for .sale in season of products grown
on premises; and livestock raising and feeding, but not including fur
farms, commercial animal feed lots, and kennels.
5) Airport. The Airlake Industrial Park Airport.
6} Alley. A public or private right-of-way primarily designed to serve
as secondary access to the side or rear of those properties whose
principal froniage is on a street.
7) Patin;„>ls.
'dl Doe:estic Aninals. For purposes of this Ordinance, a domestic
aniniaf shall be defined as house pets such as dogs, cats, and
birds which can be contained within a principal structure.
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*Amended by Ordinance X243, April 16, 1984
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throughout the entire year, provided that containment can be
accomplished without special modification to the structure
requiring a building permit from the City. In addition, it
includes birds and rabbits normally sheltered outside the home.
*b) Farm Animals. Cattle, hogs, bees, sheep, goats, chickens,
turkeys, horses and other animas commonly accepted as farm
animals in the State of Plinnesota.
8) Apartment. A room or suite of rooms which is designed for, intended
for, or occupied as a residence by a single family or an individual,
and is equipped with cooking facilities. Includes dwelling unit and
efficiency unit.
9) Aquifer Recharge Areas. All' land surface areas which by nature of
their surface and/or subsurface soil characteristics are determined
to contribute to the replenishment of subsurface water supplies.
10) Artificial Obstruction. Any obstruction which is not a natural ob-
struction see obstruction).
11) Automobile Repair - Major. General repair, rebuilding or recondition-
ing engines, motor vehicles or trailers; collision service, including
body, frame or fender straightening or repair; overall painting or F
paint job; vehicle steam cleaning. t
12) Automobile Repair - Minor. Minor repairs, incidental body and fender
work, painting and upholstering, replacement of parts and motor ser-
vices to passenger automob-files and trucks not exceeding twelve thous-
and (12,000) pounds gross weight, but not including any operation
. specified under "Automobile Repair - Major".
13) Automobile Wreckin or Junk Yard. Any place where two (2) or more
vehic es not in running condition and/or not licensed, or parts there-
of, are stored in the open and are not being restored to operation or
any land, building or structure used for wrecking or storing of such
motor vehicles or parts thereof; and including any commercial salvag-
ing and scavenging of -any -other goods, articles or merchandise.
14) Basement. That portion of a building bet~reen floor and ceiling, which
is partly below and partly above grade, but so located that the verti-
cal distance from grade to the floor below is less than the vertical
distance from grade to ceiling. (See "Story").
15} B~. Cantilevered area c` a rocr.,.
16) Boarding (House) Home - foster Chiidren. A family dwelling t~ii~er-2
children out of their own homes are cared for.
17) Boarding Nouse. A building other than a hotel where, for compensation
and by prearrangement for definite periods, meals or lodging and meals
*Amended by Ordinance #243, April 16, 1984
are provided to three (3) or more persons, not of the principal family
therein, purusant to previous arrangements and not to anyone who may
apply, but not including a building providing these services for more
than ten {10) persons.
18) Boathouse. A structure used solely for the storage of boats or
boating equipment.
19) Buildable Area. The portion of a lot remaining after yards have been
provided.
20} Building. Any structure used or intended for supporting or sheltering
of any use or occupancy.
21) Building Height. A distance to be measured from the mean ground level
to the top of a flat roof, to the mean distance of the highest gable
on a pitched or hip roof, to the deck line of a mansard roof, to the
uppermost point on all other roof types.
22) Business. Any establishment, occupation, employment or enterprise
where merchandise is manufactured, exhibited or sold, or where ser-
vices are offered for compensation.
23) Car ort. A canopy constructed of metal or other materials supported
by posts either ornamental or solid and completely open on one {1)
or more sides.
24) Cellar. That portion of a building between floor and ceiling which is
wholly or partly below grade and so located that the vertical distance
from grade to the floor below is equal to or greater than the vertical
distance from grade to ceiling.
25) Channel. A natural or artificial depression of perceptible extent,
with definite bed and banks to confine and conduct water either
continuously or periodically.
26) Church. A building, together with its accessory buildings and use;
where persons regularly assemble for religious worship and which
building, together with its accessory buildings and uses, is main-
tained and controlled by a religious body organized to sustain public
worship.
27) City Council. The governing body for the City of Lakeville.
28) Clear-Cutting. The removal of an entire stand of trees.
29) Club or Lodge. A club or lodge is a non-profit association of persons
who are bonafide members paying annual dues, use of premises being
restricted to members and their guests.
30) Commercial Recreation. Bowling alley, cart track, jump center, golf,
pool hall, vehicle racing or amusement, dance hall, skating, trampo-
line, tavern, theatre, fire arms range, boat rental, amusement rides,
campgrounds, park, and similar uses.
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31) Conditional Use. A use, which because of special problems of control
the use presents, requires reasonable, but special, unusual and extra-
ordinary limitations peculiar to the use for the protection of the
public welfare and the integrity of the City Comprehensive Plan.
32) Conditional Use Permit. A permit issued by the City Council in accor-
dance with procedures specified in this Ordinance, as a flexibility
device to enable the City Council to assign dimensions to a proposed
use or conditions surrounding it after consideration of adjacent uses
and their functions and the special problems which the proposed use
presents.
33) Condominium. A multiple dwelling or development containing indivi-
dually owned dwelling units and jointly owned and shared areas and
facilities, which dwelling or development is subject to the provisions
of the Minnesota Condominium Law, Minnesota Statutes, Section 515.01
to 515.19.
34) Convenience Food Establishment. An establishment which serves food in
or on disposable or edible containers in individual servings for con-
sumption on or off the premises.
35) Cooperative (Housing). A multiple family dwelling owned and main-
tained by the residents and subject to the provisions of MS 290.09
and 290.13. The entire structure and real property is under common
ownership as contrasted to a condominium dwelling where individual
units are under separate individual occupant ownership.
36) Comprehensive Plan. The group of maps, charts and texts that make up
the comprehensive long range plan of the City.
37) Court. An unoccupied open space other than a yard which is bounded
on two (2) or more sides by the walls of the buildings.
38) Crowding Potential. The ratio of total acreage to shore miles.
39) D~a~Car~e. The care of children outside of their own homes for a part
of the twenty-four (24) hour day by persons unrelated to them by
blood or marriage. Day Care includes family day care, group family
day care, and care in group-day-care centers.
40) Da Care - Family. A program providing day care for no more than five
children at one time, including the family-day-care provider's
own children under school age.
41) Day Care - Group Nursery. A program providing day care for more than
five 5), but fewer than eleven (11) children at any one time, inclu-
ding the provider's or helper's own children under school age.
42) Department Store. A business which is conducted under a single
owner's name wherein a variety of unrelated merchandise and services
are housed enclosed and are exhibited and sold directly to the cus-
tomer for whom the goods and services are furnished.
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43) Deposition. Any rock, soil, gravel, sand or other material deposited
naturally or by man into a waterbody, watercourse, floodplains or
wetlands.
44) District. A section or sections of the City for which the regulations
and provisions governing the use of buildings and lands are uniform
for each class of use permitted therein.
45) Diversion. A channel that intercepts surface water runoff and that
changes the accustomed course of all or part of a stream.
46) Dog Kennel. Any place where three (3) dogs or more over three (3)
months of age are boarded, bred and/or offered for sale, except a
veterinary clinic.
47) Graining. The removal of surface water or groundwater from land.
48) Dredging. To enlarge or clean-out a waterbody, watercourse, or wet-
land.
49) Drive-in Establishment. An establishment which accommodates the
patrons automobile from which the occupants may receive a service
or in which products purchased from the establishment may be consumed.
50) Dwelling. A building or portion thereof, designated exclusively for
residential occupancy, including one-family, two-family, and multiple
family dwellings, but not including hotels, motels, boarding houses,
mobile homes or trailers.
51) Dwelling Multiple (Apartment). A building designed with three (3)
or more dwelling units exclusively for occupancy by three (3) or more
families living independently of each other, but sharing hallways
and main entrances and exits.
52) Dwellin Sin le Famil A dwelling unit designed exclusively for
occupancy by one 1 family.
a) Attached. A dwelling which is joined to another at one or more
sides by a party wall.
b) Detached. A dwelling unit not attached to another dwelling or
structure.
53} Dwellin Two-Famil A dwelling designed exclusively for occupancy
by two 2 families living independently of each other.
a) Double Bungalow.. Atwo-family dwelling with two (2) units side-
by-side.
b} Duplex. Atwo-family dwelling with one (1) unit above the other.
54) Dwelling Unit. A residential building or portion thereof intended for
occupancy by one (1) family but not including hotels, motels, nursing
homes, seasonal cabins, boarding or rooming houses, tourist homes or
trailers.
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55) Elderly Senior Citizen Housing. A public agency owned or controlled
multiple dwelling building with open occupancy limited to persons
over sixty (60) years of age.
56) Efficiency Apartment. A dwelling unit consisting of one (1) principal
room exclusive of bathroom, hallway, closets, or dining alcove.
57) Elevator Penthouse. An enclosure located on the top of a building
which houses the working mechanisms of an elevator.
58) Essential Services. The erection, construction, alteration, or main-
tenance of underground or overhead gas, electrical, steam, or water
transmission or distribution systems, collection, communication, sup-
ply or disposal systems by public utilities, municipal or other govern-
mental agencies, but not including buildings.
59) Equal Degree of Encroachrient. A method of determining the location of
encroachment lines so that flood plain land on both sides of a stream
are capable of conveying a proportionate share of flood flows. This
is determined by considering the effect of encroachment on the hydrau-
lic efficiency of the floodplain along both sides of a stream for a
significant reach.
b0) Exterior Storage. The storage of goods, materials, equipment, manu-
factured products and similar items not fully enclosed by a building.
61) family. An individual or two (2) or more persons each related to the
other by blood, marriage, adoption, or foster care, or a group of
not more than three (3) persons not so related maintaining a common
household and using common cooking and kitchen facilities.
62) Farm. A tract of land of ten (10) or more acres in size usually with
a house and barn plus other buildings on which crops and often live-
stock are raised far a principal source of livelihood.
63) Farm - bobby. A tract of land generally consisting of ten (10) or
less acres in size with a house and accessory buildings on which crops
and often livestock are raised but not as a principal source of income.
A hobby farm shall not qualify for exemptions provided in this Ordin-
ance for farms.
64) Farming. Process of operating a farm for the growing and harvesting
of crops which shall include those necessary accessory buildings,
related to operating the farm, and the keeping of common domestic
farm animals.
65) Fence. A fence is defined for the purpose of this Ordinance as any
partition, structure, wall or gate erected as a dividing mark, barrier
or enclosure.
a. Fence - Boundary Line. All fences located within five (5) feet
of a pr opert~ine.
b. Fences - Interior Yard. All fences Tocated five (5) feet beyond
a property line.
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66) Fil~lin~. The act of depositing any rock, soil, gravel, sand or other
material so a to fill a waterbody, watercourse, or wetland.
67) Flood. A temporary rise in a stream flow or stage which results in
inundation of the areas adjacent to the channel.
68) Flood Frequency. The average frequency, statistically determined, for
which it is expected that a specific flood stage or discharge may be
equalled or exceeded. By strict definition, such estimates are des-
ignated "exceedence frequency", but in practice the term "frequency"
is used. The frequency of a particular stage or discharge is usually
expressed as having a probability of occurring once within a specific
number of years.
69) Flood Fringe. That portion of the floodplain outside of the floodway.
70) Floodplain. The areas adjoining a watercourse which have been or
hereafter may be covered by the regional flood.
71) Flood Profile. A graph or a longitudinal plot of water surface eleva-
tion of a flood event along a reach of a stream or river.
72) Floodway. The channel of the watercourse and those portions of the
adjoining flood plains which are reasonably required to carry and
discharge the regional flood.
73) Floor Area. The sum of the gross horizontal areas of the several
floors of the building or portion thereof devoted to a particular use,
including accessory storage areas located within selling or working
space such as counters, racks or closets, and any basement floor area
devoted to retailing activities, to the production or processing of
goods, or to business or professional offices. 1;owever, the floor
area shall not include: basement or cellar floor area other than area
devoted to retailing activities, the production or processing of goods,
or to business or professional offices. The floor area of a residence
shall not include the cellar area.
74) Garage - Private. An accessory building or accessary portion of the
principal building which is intended for and used to store the private
passenger- vehicles and trucks not exceeding twelve thousand (12,000)
gross weight, of the family or families resident upon the premises,
and in which no business service or industry is carried on.
75) Garage - Public. A building or portion of a building, except any
herein defined as a private garage or as a repair garage, used for
the storage of motor vehicles, or where any such vehicles are kept
for remuneration or hi-re and in which any sale of gasoline, oil and
accessories is only incidental to the principal lase.
76) Grade. (Adjacent Ground Elevation). The lowest point of elevation
of the finished surface of the. ground, paving or sidewalk within the
area between the building and the property line, or when the property
line is more than five (5) feet from the building, between the build-
ing and a line five (5) feet from the building.
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77) Gradin Changing the natural or existing topography of land.
78) Guest Room. A room occupied by one (1) or more guests for compensation
and in which no provision is made for cooking, but not including rooms
in a dormitory for sleeping purposes primarily.
79) Home Occupation. Any occupation or profession engaged in by the
occupant of a residential dwelling unit, which is clearly incidental
and secondary to the residential use of the premises and does not
change the character of said premises.
80) Hotel. Any building or portion thereof occupied as the more or less
temporary abiding place of individuals and containing six {6) or more
guestrooms, used, designated or intended to be used, let or hired out
to be occupied, or which are occupied by six (6) or more individuals
for compensation, whether the compensation be paid directly or indir-
ectly.
81) Impervious Surface. An artificial or natural surface through which
water, air, or roots cannot penetrate.
82) Interlock. This is the painted line or barrier in a parking lot that
separates two facing rows of parking from one another.
83) Intermittent. A stream or portion of a stream that flows only in dir-
ect response to precipitation.
84) Junk Yard. An open area where waste, used, or second hand materials
are bought, sold, exchanged, stored, baled, packed, disassembled or
handled, including but not limited to, scrap iron and other metals,
paper, rags, rubber, tires, and bottles. A junk yard includes an
auto wrecking yard, but does not include uses established entirely
within closed buildings.
85) Land Reclamation. The process of the re-establishment of, acceptable
topography i.e. slopes), vegetative cover, soil stability and the
establishment of safe conditions appropriate to the subsequent use
of the land.
86) Lodging House. A building other than a hotel, where for compensation
for definite periods, lodging is provided for three {3) or more
persons not of the principal family, but not including a building
providing this service for more than ten (10) persons.
87) Lodging Room. A room rented as sleeping and living quarters, but
without cooking facilities and with or without an individual bathroom.
In a suite of rooms without cooking facilities, each room which pro-
vides sleeping accommddation shall be counted as one (1) lodging
room.
88) Lot (Of Record}. A parcel of land, whether subdivided and/or other-
wise legally described and recorded as of September 3, 1963, or
approved by the City as a lot subsequent to such date and which is
occupied by or intended for occupancy by one (1) principal building
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or principal use together with any accessory buildings and such open
spaces as required by this Ordinance and having its principal frontage
upon a street.
89) Lot. Land occupied or to be occupied by a building and its accessory
buildings, together with such open spaces as are required under the
provisions of this zoning regulation, having not less than the minimum
area required by this Zoning Ordinance fora building site in the dis-
trict in which such lot is situated and having its principal frontage
on a public street.
90) Lot Area. The area of a horizontal plane within the lot lines.
91) Lot, Sase. Lots meeting all the specifications in the zoning district
prior to being subdivided into a two family dwelling or quadraminium
subdivision.
92) Lot Corner. A lot situated at the junction of and abutting on two
2 or more intersecting streets; or a lot at the point of deflection
in alignment of a single street, the interior angle of which is one
hundred thirty-five (135) degrees or less.
93) Lot, Depth. The shortest horizontal distance between the front lot
line and the rear lot line measured from a ninety (90) degree angle
from the street right-of-way within the lot boundaries.
94) L~ot~ Fro~nta
_e. The front of a lot shall be, for purposes of complying
with this Ordinance, that boundary abutting a public right-of-way.
having the least width.
95) Lot, Interior. A lot, other than corner lot, including through lots.
96) Lot, Line. A property boundary line of any lot held. in single or
separate ownership; except that where any portion of the lot extends
into the abutting street or alley, the lot line shall be deemed to
be the street or alley right-of-way.
97) Lot, Through. A lot fronting on two parallel streets.
98) Lot, Unit. Lots created from the subdivisions of a two family dwel-
ling or quadraminium having different minimum lot size requirements
than the coventional base lots within the zoning district.
99) Lot, Width. The minimum required horizontal distance between the side
lot lines measured at right angles to the lot depth, at the minimum
building setback line.
100) Medical and Dental Clinic. A structure intended for providing medical
and dental examinations and service available to the public. This
service is provided without overnight care available.
101) Minerals. Soil, clay, stone, sand and gravel and other similar solid
material or substance to be reined from natural deposits.
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102) Mining. A11 or any part of the process involved in the extraction of
minerals by removing the overburden and extracting directly from the
mineral deposits thereby exposed.
* 103) ~4obile Home. Any single family dwelling transportable in one
or more sections, which in the traveling mode is eight (8) body
feet or more in width or forty (40) body feet or more in length,
or, when erected on site, is three hundred twenty (320) or more
square feet, and which is built on a permanent chassis, with or
without a permanent foundation when connected to the required
utilities, and includes the plumbing, heating, air conditioning,
and electrical systems contained therein.
104) Model home. A home whicft is similar to others in a development and
which is open to public inspection for the purpose of selling said
other homes.
105) Motel/Motor Hotel. A building or group of detached, semi-detached
or attached buildings containing guest rooms or units, each of which
has a separate entrance directly from the outside of the building, or
corridor, with garage or parking space conveniently located to each
unit, and which is designed, used or intended to be used primarily
for the accommodation of transient guests travelling by automobile.
106) Motor Fuel Station. A place where gasoline is stored only in under-
ground tanks, kerosene or motor oil and lubricants or grease, for
operation of automobiles, are retailed directly to the public on
premises, and including minor accessories and services for automobiles,.
but not. including automobile major repairs and rebuilding.
107) Motor Freight Terminal (Truck Terminal). A building in which freight
brought by motor truck is assembled and sorted for routing in intra-
state and inter-state shipment.
108) Natural Drainage System. All land surface areas which by nature of
their contour configuration, collect, store and channel surface
water runoff.
109) Natural Obstruction. Means any rock, tree, gravel or analogous natur-
al matter that is an obstruction and has been located within a water-
body, watercourse, or wetland by a non-human cause. _
110) Non-Conforming Structure or Use. Any lawfully established structure
or use which on the effective date of this.Ordinance does not conform
to the applicable conditions if the structure or use was to be erected
under the guidance of this Ordinance.
111) Normal High Water Mark. A continous mark of reference at an elevation
where land and water meet for some period of record; is commonly that
point where the natural vegetation changes from predominantly aquatic
to predominantly terrestrial.
*Ainended by Ordinance No. 215, January 3, 1983
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112) Nursing Home (Rest Home). A building having accommodations where care
is provided for two 2 or more invalids, infirmed, aged convalescent
or physically disabled persons that are not of the immediate family;
but not including hospitals, clinics, sanitariums, or similar institu-
tions.
113) Obstruction (Floodplain). Any storage of material, or equipment, any
dam, wall, wharf, enbankment, levee, road, dike, pile, abutment,
projection, excavation, channel rectification, culvert, building,
wire, fence, stockpile, refuse, fill, deposit, clearing of trees or
vegetation, structure or matter in, along, across, or projecting, in
whole or in part, into any flaodplain.
114) Off-Street Loading Space. A space accessible from the street, alley
or way, in a building or on the lot, for the use of trucks while
loading or unloading merchandise or materials.
115) men Sales Lot. Any open land used or occupied for the purpose of
buying, selling and/or renting merchandise and for the storing of
same prior to sale.
116) Out-Patient Care. Medical examination or service available to the
public in a hospital. This service is provided without overnight
care and shall be considered a separate, independent, principal use
when combined or operated in conjunction with a hospital.
117) Overburden. The earth, rock and other materials that lie above a
natural deposit of mineral.
118) Parking Ramp. An accessory structure designed and used for the storage
of motor vehicles at, below and/or above grade.
119) Parking Space. An area, enclosed in the main building, in an accessory
building, or unenclosed, sufficient in size to store one (1) automobile,
which has adequate access to a public street or alley and permitting
satisfactory ingress and egress of an automobile.
120) Permitted Use. A use which may be lawfully established in a particu-
lar district or districts, provided it conforms with all requirements,
regulations, and performance standards (if any) of such districts.
121) Person. An individual, firm, partnership, association, corporation
or organization of any kind.
122) Principal Use. The main use of land or buildings as distinguished
from subordinate or accessory uses. A "principal use" may be either
permitted or conditional.
123) Public Uses. Uses owned or operated by municipal, school districts,
county, state, or other governmental units.
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124) Public Waters. Any waters of the State which serve a beneficial pub-
is purpose, as defined in Minnesota Statutes 1974, Section 105.37,
Subdivision 6, not including, however, a lake, pond or flowage of less
than ten (10) acres in size or a river or stream having a total drain-
age area less than two (2) square miles. In addition, bodies of water
created by private users, where there was no previous shoreland (for
a designated private use authorized by the Commissioner of Natural
Resources) shall also be considered not public waters. The official
determination of the size and physical limits of the drainage areas of
rivers and streams shall be made by the Commissioner of Natural Resour-
ces. The official size of lakes, ponds, or flowages shall be the
areas listed in the Division of Waters, Soils and Minerals Bulletin
25, An Inventory of Minnesota Lakes, or in the event that lakes,
ponds or flowages ar°e not listed therein, official determination of
size and physical limits shall he made by the Commissioner in coopera-
tion with the City of Lakeville.
125) Public Waters - General Development. Those waters whose shores are
generally characterized by industrial, commercial or high density
residential development.
126) Public Waters - Recreational Development. Those waters whose shores
are generally characterized by medium density residential development
with or without limited service-oriented commercial development.
127) Public Waters - Natural Environment. Those waters whose shores are
generally characterized by low density, single-family residential
development.
128) Quadraminium. A single structure which contains four (4) separately
owned dwelling units, all of which have individually separate entran-
ces from the exterior of the structure.
129) Recreation, Field or Building. An area of land, water, or any buil-
ding in which amusement, recreation or athletic sports are provided
for public or semi-public use, whether temporary or permanent, except
a theatre, whether provision is made for the accommodation of an as-
sembly or not. A golf course, arena, baseball park, stadium, circus
or gymnasium is a recreation field or building for the purpose of this
Ordinance.
130) Recreational Vehicle. A self-propelled vehicle which is used primar-
ily for recreational purposes.
131) Regional Flood. A flood which is representative of large floods known
to have occurred generally in Minnesota and reasonably characteristic
of what can be expected to occur on an average frequency in the magni-
tude of the one hundred (100) year reoccurrence interval. Regional
flood is synonymous with the term "base flood" used in the Flood Insur-
ance Study.
14
' ~ ~ 132) Regulatory Flood Pro tection_Elevation. A point not less Than one {1)
foot above the elevation of t~ >•7oodplain, plus any increases in flood
heights attributable to encroachments on the floodpiain. It is the
elevation to which uses regulated by this Ordinance are required to be
elevated or floodproofed.
133) Restaurant. An establishment which serves food in or on non-disposable
dishes to be consumed primarily while seated at tables or booths within
the building.
i34) Roof Line. Is defined as the top of the coping; or, when the building
has a pitched roof, as the intersection of the outside wall with the roof.
*134A) Satellite Oish. Shall mean a combination of 1) antenna or dish antenna
whose purpose is to receive communication or other signals from orbiting
satellites and other extraterrestrial sources; 2) a low-noise simplifier
(LNA) which is situated at the focal point of the receiving component and
whose purpose is to magnify and transfer signals; and 3) a coaxial cable
whose purpose is to carry the signals into the interior of the building.
*134B) Satellite Dish Height. Shall mean the height of the antenna or dish
measured vertically from the highest point of the antenna or- dish when
positioned for operation, to the top of the foundation which supports
the antenna.
135) Setback. The minimum horizontal distance between a building and lot line.
Distances are to be measured from the most outwardly extended portion of
the structure at ground level, except as provided hereinafter.
136) Shopping Center. An integrated grouping of commercial stores, under
Single ownership or control.
137) Si n. The use of any words, numerals, figures, devices, or trademarks
by which anything is made known such as are used to show an individual,
firm, profession, or business, and are visible to the general public.
138) Slope. Means the degree of deviation of a surface from the horizontal,
usually, expressed in percent or degrees.
139) Story. That portion of a building including beneath the upper- surface of
a floor and upper surface of floor next above, except that the top-most
story shall be that portion of a building included between the upper surface
of the top-most floor and the ceiling or roof above. If the finished floor
level directly above a basement or cellar, or unfinished underfloor space
is more than six (6) feet above grade as defined herein for more than fifty
(50) percent of the total perimeter or is more than twelve (12) feet above
grade as defined herein at any point, such basement, cellar, or unused
under-floor space shall be considered a story.
140} Street Frontage. The proximity of a parcel of land to one or more streets.
An interior lot has one (1) street frontage and a corner lot has two {2)
frontages.
141} Structure. Anything which is built, constructed or erected; ar, edifice
or bui ding of any kind; or any piece of work artifically built up and/or
composed of parts joined together in some definite manner whether temporary
or permanent in character.
142) To~,~nhouses. Structure housing three {3) or more dwelling units contiguous
to each other only by the sharing of one (1) common wall, suctr structures
to be of the town or row houses type as contrasted to multiple dwelling
apartment structures. No single structure shall contain in excess of eight
(F' d,;ellin9 units and each dwelling a^,i, h.>.ve separate individual
f,. ~ and rear entrances.
15
~P•~~:+.+~r..r F. r: ^+^~.~rc. 67FS Marr V+ 1R 1QS?F
, i
143} Use. The purpose or activity for which the land or building thereon
as designated, arranged, or intended or for which it is occupied, ,
utilized or maintained, and shall include the performance of such
activity as defined by the performance standards of this Ordinance.
144) Useable Open Space. A required ground area or terrace area on a lot
which is graded, developed, landscaped and equipped and intended
and maintained for either active or passive recreation or both,
available and accessible to and useable by all persons occupying a
dwelling unit or rooming unit on the lot and their guests. Such
areas shall be grassed and landscaped or covered only fora recrea-
tional purpose. Roofs, driveways and parking areas shall not consti-
tute useable open space.
145) Variance. The waiving by Board action of the literal provisions of
the Zoning Ordinance in instances where their strict enforcement
would cause undue hardship because of physical circumstances unique
to the individual property under consideration.
146) Vegetation. Means the sum total of plant life in some area; or a
plant community with distinguishable characteristics.
147) Waterbody. Means a body of water (lake, pond) or a depression of land
or expanded part of a river, or an enclosed basin that holds water and
surrounded by land.
148) Watercourse. Means a channel or depression through which water flows,
such as rivers, streams, or creeks, and may flow year-around or inter-
mittently.
149) Watershed. The area drained by the natural and artifical drainage
system, bounded peripherally by a bridge or stretch of high land
dividing drainage areas.
150) Wetlands. An area where water stands near, at, or above the soil sur-
face during a significant portion of most years, saturating the soil
and supportive a predominantly aquatic fors^ of vegetation, and which
may have the followinn characteristics:
a) Vegetation belonging to the marsh (er:ergent aquatic), bog, fen,
sedge meadow, shrubland, southern lovrland forest (lowland hard-
wood), and northern lowland forest. (conifer swamp) communities.
(These communities correspond rough]y to wetland types 1, 2, 3,
4, 6, 7 and 8 described by the United States Fish and Wildlife
Service, Circular 39, "4etlands of the U. S. 1956"}.
b) Mineral soils with gley horizons or organic soils belonging to
the Histosol order (peak and much).
c) Soil which is vrater logged or covered with water at least three
(3) months of the year.
Swamps, bogs, marshes, potholes, wet meadows, and sloughs are wetlands,
and such property, r.~aq be shallow waterbodies, the waters of which are
stagnant or a:t~.,~~' ~ a. ry feeble currant ; >f at tic e_. hr_ suffi-
16
ciently dry to permit tillage, but would require drainage to be made
arable. The edge of a wetland is commonly that point where the natural
vegetation changes from predominantly aquatic to preliminantly
terrestrial.
*150A) Wind Energy Conversion System (WECS). Any device that is designed
to convert wind power to another form of energy such as electricity
or heat (also referred to by such common names as wind charger,
wind turbine and windmill).
151) Yard. An open space on the lot which is unoccupied and unobstructed
from its lowest level to the sky. A yard extends a lot line at right
angles to such lot line to a depth or width required in the yard
regulations for the zoning district in which such lot is located.
152) Yard, front. That area extending along the full length of a front
lot line between side lot lines and to the depth required in the yard
regulations for the district in which it is located. In the case of
a corner lot abutting one or more major roads, both yards shall be
considered front yards. A major road is any road that is of a collector
designation or greater.
153) Yard, Rear. A yard extending across the full width of the lot and
lying between the rear line of the lot and the nearest line of the
principal building.
154) Yard, Required. That distance specified in the yard requirements
pertaining to setbacks. Setbacks and required yards are used inter-
changeably.
155) Yard, Side. A yard between the side line of the lot and the nearest
line of the principal building and extending from the front lot line
of the lot to the rear yard.
7/ 18/80
*Amended by Ordinance X238, January 16, 1984 17
SECTION 3. A0~4INISTRATION-AMEND~9ENTS
3.1 Procedure.
1) Request for rezonings shall be filed with the Zoning Administrator on
an official application form. Such application shall be accompanied by
a fee as provided by City Council Resolution. Such application shall
also be accompanied by ten (10) copies of detailed written and graphic
materials fully explaining the proposed change, development, or use
and a list of property owners located within three hundred fifty (350)
feet of the subject property obtained from and certified by an ab-
stract company. The request for amendment shall be placed on the
agenda of the first possible Planning Commission meeting occurring
after ten (10) days from the date of submission. The request shall be
considered as being officially submitted when all the information
requirements are complied with.
2) Upon receipt of said application, the City Clerk shall set a public'
hearing following proper hearing notification. The Planning Com-
mission shall conduct the hearing, and report its findings and make
recommendations to the City Council. Notice of said hearing shall
consist of a legal property description, description of request and
map detailing property location, and be published in the official
newspaper at least ten (10) days prior to the hearing and written
notification of said hearing shall be mailed at least ten (10) days
prior to all owners of land within three hundred fifty (350) feet of
the boundary of the property in question if requested by State Sta- r.
tute.
3) Failure of a property owner to receive said notice shall not invali-
date any such proceedings as set forth within this Ordinance.
4) The Zoning Administrator shall instruct the appropriate staff persons
to prepare technical reports where appropriate, and provide general
assistance in preparing a recommendation on the action to the City,
Council.
5) The Planning Commission shall consider possible adverse affects of the
proposed amendment. Its judgement shall be based upon (but not limi-
ted to) the following factors:
a) The proposed action has been considered in relation to the speci-
fic policies and provisions of and has been found to be consis-
tent with the official City Comprehensive Plan.
b) The proposed use is or wilt be compatible with present and future
land uses of the area.
c) The proposed use conform with all performance standards con-
tained herein.
d) The proposed use will not tend to or actually depreciate the area
in which it is proposed.
7/18/80 18
i ' ' ~
e) The proposed use can be accommodated with existing public ser-
vices and will not overburden the City's service capacity.
f) Traffic generation by the proposed use within capabilities of
streets serving the property.
6) The Planning Commission and City staff shall have the authority to
request additional information from the applicant concerning opera-
. tional factors or to retain expert testimony with the consent and at
the expense of the applicant concerning operational factors, said
information to be declared necessary to establish performance condi-
tions in relation to all pertinent sections of this Ordinance.
7) The applicant or a representative thereof shall appear before the
Planning Commission in order to answer questions concerning the pro-
posed request.
8) The Planning Commission shall recommend approval or denial of the
request. Such recommendation shall be accompanied by the report and
recommendation of the City staff.
9) The City Council shall not act upon an amendment until they have re-
ceived a report and recommendation from the Planning Commission and
the City staff or until sixty (60) days after the first regular Plan-
ning Commission meeting at which the request was considered.
10) Upon receiving the report and recommendation of the Planning Com-
mission and the City staff, .the City Council shall place the report
and recommendation on the agenda for the next regular meeting. Such
reports and recommendations shall be entered in and made part of the
permanent v+ritten record of the City Council meeting.
11) Upon receiving the report and recommendation of the Planning Commis-
sion and the City staff, the City Council shall have the option to set
and hold a public hearing if deemed necessary.
12) If, upon receiving said reports and recommendations of the Planning
Commission and City staff, the City Council finds that specific in-
consistencies exist in the review process and thus the final reconnnen-
dation of the City Council will differ from that of the Planning Com-
mission, the City Council may before taking final action, refer the
matter back to the Planning Commission for further consideration. The
City Council shall provide the Planning Commission with a v+ritten
statement detailing the specific reasons far referral. This procedure
shall be followed only one time on a singular action.
13) Approval of a proposed amendment shall require passage by a four-
fifths (4/5) vote of the entire City Council.
14) The amendment shall not become effective until such time as the City
Council approves an ordinance reflecting said amendment and after said
ordinance is published in the official newspaper.
7/18/80 19
15) 4lhenever an application for an amendment has been considered and
denied by the City Council, a similar application for the amendment
affecting substantially the same property shall not be considered
again by the Planning Commission or City Council for at least six (6)
months from the date of its denial; and a subsequent application af-
fecting substantially the same property shall likewise not be consi-
dered again by the Planning Commission or City Council for an addi-
tional six (6) months from the date of the second denial unless a
decision to reconsider such matter is made by not less than four-
fifths (4/5) vote of the full City Council.
3.2 Amendments -Initiation. The City Council or Planning Commission may, upon
their own motion initiate a request to amend the text or the district boun-
daries of this Ordinance. The procedural requirements of Sections 3.1.1
and 3.1.2 of this ordinance shall not apply to such proposed amendments
except to the extent required by State Statute. Any person, owning real
estate within the City may initiate a request to amend the district boun-
daries or text of this Ordinance so as to affect the said real estate.
7/18/80 20
SECTION 4. ADMINISTRATION-CONDITIONAL USE PERFIITS
4.1 Pur ose. The purpose of a conditional use permit is to provide the City of
Lakeville with a reasonable degree of discretion in determining the suit-
ability of certain designated uses upon the general welfare, public health
and safety. In making this determination, whether or not the conditional
use is to be allowed, the City may consider the nature of the adjoining
land or buildings, the effect upon traffic into and from the premises, or
on any adjoining roads, and all other or further factors as the City shall
deem a prerequisite of consideration in determining the effect of the use
on the general aaelfare, public health and safety.
4.2 Procedure.
1) Request for conditional use perriits, as provided within this Ordi-
nance, shall be filed with the Zoning Administrator on an official
application form. Such application shall be accompanied by a fee as
provided for by City Council Resolution. Such application shall also
be accompanied by ten (10) copies of detailed written and graphic
materials fully explaining the proposed change, development, or use
and a list of property owners located within three hundred fifty (350)
feet of the subject property obtained from and certified by an ab-
stract company. The request for conditional use permit shall be
placed on the agenda of the first possible Planning Commission meeting
occurring after ten (10) days from the date of submission. The re-
quest shall he considered as being officially submitted when all the
information requirements are complied with.
2) Upon receipt of said application, the City Clerk shall set a public
hearing following proper hearing notification. The Planning Commis-
sion shall conduct the hearing, and report its findings and make
recommendations to the .City Council. Notice of said hearing shall
consist of a legal property description, description of request and
map detailiny property location, and be published in the official
newspaper at least ten (10) days prior to the hearing and written
notification of said hearing shall be mailed at least ten (10) days
prior to all owners of land within three hundred fifty (350) feet of
the boundary of the property in question.
3) Failure of a property owner to receive said notice shall not invali-
date any such proceedings as set forth within this Ordinance.
4) The Zoning Administrator shall instruct the appropriate staff persons
to prepare technical reports where appropriate, and provide general
assistance in preparing a recommendation on the action to the City
Council.
5) The Planning Commission shall consider possible adverse affects of the
proposed conditional use. Its judgement shall be based upon (but not
limited to) the following factor:
a) The proposed action. has been considered in relation to the speci-
fic policies and provisions of and has been found to be consis-
tent with the official City Comprehensive Land Use Plan.
7/18/80 21
I ~
b) The proposed use is or will be compatible with present and future
land uses of the area.
c) The proposed use conforms with all performance standards con-
tained herein.
d) The proposed use will not tend to or actually depreciate the area
in which it is proposed.
e) The proposed use can be accommodated with existing public ser-
vices and vrill not overburden the City's service capacity.
f) Traffic generation by the proposed use is within capabilities
of streets serving the property.
6) The Planning Commission and City staff shall have the authority to
request additional information from the applicant concerning opera-
tional factors or to retain expert testimony with the consent and at
the expense of the applicant concerning operational factors, said
information is to be declared necessary to establish performance con-
ditions in relation to all pertinent sections of this Ordinance.
7) The applicant or a representative thereof shall appear before the
Planning Commission in order to answer questions concerning the pro-
posed request.
8) The Planning Commission shall make a finding of fact and recommend
such actions or conditions relating to the request as they deem neces-
sary to carry out the intent and purpose of the Ordinance. Such re-
commendation shall be in writing and acccompanied by the report and
recommendation of the City staff.
9) The City Council shall not grant a conditional use permit until they
have received a report and recommendation from the Planning Commission
and the City staff or until sixty (60) days after the first regular
Planning Commission meeting at which the request was considered.
10) Upon receiving the report and recommendation of the Planning Commis-
sion and the City staff, the City Council shall place the report and
recommendation on the agenda far the next regular meeting. Such
reports and recommendations shall be entered in and made part of the
permanent written record of the City Council meeting.
11) Upon receiving the report and recommendation of the Planning Commis-
sion and the City staff, the City Council shall have the option to
set and hold a public hearing if deemed necessary and shall make a
recorded finding of fact and may impose any condition it considers
necessary to protect the public health, safety and welfare.
12) If, upon receiving said reports and recommendations of the Planning
Commission and City staff, the City Council finds that specific in-
consistencies exist in the review process and thus the final recommen-
dation of the City Council will differ from that of the Planning Com-
mission, the City Council may before taking final action, refer the
7/18/80 22
matter back to the Planning Commission for further consideration. The
City Council shall provide the Planning Commission with a written
statement detailing the specific reasons for referral. This procedure
shall be followed only one tune on a singular action.
13) Approval of a request shall require passage by a four-fifths (4/5)
vote of the entire City Council.
14) Whenever an application for a conditional use permit has been consid-
ered and denied by the City Council, a similar application for the
conditional use permit affecting substantially the same property
shall not be considered again by the Planning Commission or City
Council for at least six (6) months from the date of its denial; and
a subsequent application affecting substantially the same property
shall likewise not be considered again by the Planning Commission or
City Council for an additional six (6) months from the date of the
second denial unless a decision to reconsider such matter is Wade by
not less than four-fifths (4/5) vote of the full City Council.
4.3 Information Requirement. The information required for all conditional use
permit applications generally consists of the following items, and shall
be submitted when requested by the City:
a) Site Development Plan:
1. Location of all buildings on lots including both existing and
proposed structures.
2. Location of all adjacent buildings located within three hundred
fifty (350) feet of the exterior boundaries of the property in
question.
3. Location and number of existing and proposed parking spaces.
4. Vehicular circulation.
5. Architectural elevations (type and materials used in all external
surface).
6. Location and type of all proposed lights.
7. Curb cuts, driveways, number of parking spaces.
b) Dimension Plan:
1. Lot dimensions and area.
2. Dimensions of proposed and existing structures.
3, "Typical" floor plan and "typical" room plan.
4. Setbacks of all buildings located on property in question.
5. Proposed setbacks.
7/18/80 23
6. Sanitary sewer and water plan with estimated use per day.
c) Grading Plan:
1. Existing contour.
2. Proposed grading elevations.
3. Drainage configuration.
4. Storm sewer catch basins and invert elevations.
5. Spot elevations.
6. Proposed road profile.
d) Landscape Plan:
1. Location of all existing trees, type, diameter, and which trees
will be removed.
2. Location, type and diameter of all proposed plantings.
3. Location and material used of all screening devices.
e) Legal description of property under consideration.
f) Proof of ownership of the land for which a conditional use permit is
requested.
4.4 Lapse of Conditional Use Permit by Non-Use. Whenever within one (1) year
after granting a conditional use permit, the use as permitted by the
permit shall not have been completed or utilized, then such permit shall
become null and void unless a petition for an extension of time in which
to complete or utilize the use that has been granted by the City Council.
Such extension shall be requested in writing and filed with the Zoning
Administrator at least thirty (30) days before the expiration of the ori-
ginal conditional use permit. There shall be no charge for the filing of
such petition. The request for extension shall state facts showing a
good faith attempt to complete or utilize the use permitted in the condi-
tional use permit. Such petition shall be presented to the Planning Com-
mission for a recommendation and to the City Council for a decision.
4.5 Performance Bond.
a) Except in the case of non-income producing residential property, upon
approval of a conditional use permit the City shall be provided where
deemed necessary by the city with a surety bond, cash escrow, certi-
ficate of deposit, securities, or cash deposit prior to the issuing
of building permits or initiation of work on the proposed improve-
ments or development. Said security shall be non-cancellable and
shall guarantee conformance and compliance with the conditions of
the conditional use permit and the ordinances of the City.
7/18/80 24
b} The security shall be in the amount equal to 125 percent of the City
Engineer`s or City Building Official's estimated costs of labor and
materials for the proposed improvements or development. Said project
can be handled in stages upon the discretion of the City Engineer and
Building Official.
c) The City shall hold the security until completion of the proposed
improvements or development and a certificate of occupancy indicating
compliance with the conditional use permit and ordinances of the City
has been issued by the City Building Official.
d) Failure to comply with the conditions of the conditional use permit
or the ordinances of the City shall result in forfeiture of the
security.
~/iQ/ar.
*SEC7I0'n 5. ADMINISTRATION - UARIANCES AfvD AF'r'tALS
5.1 General Provisions and Standards.
1) The City Council shall act as the Board of Adjustment and Appeals.
2) A variance or appeal may not be approved unless the Board determines
that the proposed action will not:
a) Impair an adequate supply of light and air to adjacent property.
b) Unreasonably increase the congestion in the public street.
c) Increase the danger of fire or endanger the public safety.
d) Unreasonably diminish or impair established property values
within the neighborhood, or in any way be contrary to the
intent of this Ordinance.
**3) Variances from the literal provisions of this Ordinance may be granted
where their strict enforcement would cause undue hardship because of
circumstances unique to the individual property under consideration,
and to grant such variances only when it is demonstrated that such
actions will be in keeping with the spirit and intent of this Ordinance.
The City Council may not permit as a variance any use that is not per-
mitted under the Ordinance for property in the zoning where the affected
person's land is located. The City Council may impose conditions in
granting of the variances to ensure compliance and to protect adjacent
properties.
**4) -Reserved.
5) The City Council shall decide all appeals and make findings of fact
when an appeal is denied where it is alleged by the appellant that
error has occurred in any order, requirement, decision or determina-
tion made by the Zoning Administrator in the enforcement of this
Ordinance. The appeal must be filed not later than ninety (90)
days after the applicant has received a written notice from the
Zoning Administrator.
5.2 Procedures. -
1) Minor Variances
a) Purpose: The purpose of this section is to provide for an
expeditious method of processing minor variance requests.
b) Request qualifying as minor variances:
1. Hardships created as a result of public action or change
in ordinance standards (exceptions: wetland and shore-
land regulations).
*Amended by Ordinance #18Q, May 4, 1981 26
**Amended by Ordinance X277, Au^ust 5, 1985
* 2. Structure or setback deviations which are characteristics
of and common to neighboring uses and which do not exceed
five (5) feet.
c) Processing:
1. Requests fora minor variance or appeal shall be filed
with the Zoning Administrator on an official application
form. Such application shalt be accompanied by a fee as
established by City Council resolution. This fee shall
not be refunded. Such application shall also be accom-
panied by five (5) copies of detailed written and graphic
materials necessary for the explanation of the request.
2. The Zoning Administrator shall instruct the appropriate
staff persons to prepare technical reports when appro-
priate, and provide general assistance in preparing a
recommendation on the action to the City Council.
3. The City staff shall have the authority to request
additional information from the applicant concerning
operational factors or to retain expert testimony with
the consent and at the expense of the applicant con-
cerning operational factors, said information to be
declared necessary to establish performance conditions in
relation to all pertinent sections of this Ordinance.
4. The applicant or a representative may appear before the
City Council in order to answer questions concerning the
proposed variance request.
5. Within fifteen (15) days after receiving the City staff's
report and recommendation concerning a request for a minor
variance the City Council shall have the option to set and
hold a public hearing if deemed necessary on the request.
The Council shall hear such persons as wish to be heard.
Notice of any such hearing shall be mailed not less than
ten (10) days in advance to all property owners within
three hundred fifty (350) feet of the property to which
the variance relates.
6. Failure of a property owner to receive notice shall not
invalidate any such proceedings.
7. The City Counci] shall make findings of fact and shall
decide whether to approve or deny a request for variance
within thirty (30) days after the public hearing on said
request.
8. A variance of this Zoning Ordinance shall be by four-
fifths (4/5) vote of the full City Council.
*Amended by Ordinance #184, May 4, 1981 27
* 2} Major Variances. A17 variances which are not classified as "minor"
shall be deemed "major variances".
a} Requests fora variance or appeal shall be filed with the
Zoning Administrator on an official application form. Such
application shall be accompanied by a fee as established by
City Council resolution. This fee shall not be refunded.
Such application shall also be accompanied by ten (10) copies
of detailed written and graphic materials necessary for the
explanation of the request, and a list of property owners
located within three hundred fifty (350) feet of the subject
property obtained from and certified by an abstract company.
b) The Planning Commission shall conduct a public hearing
following proper hearing notification. The Planning
Commission shall conduct the hearing, and report its
findings and make recommendations to the City Council.
Notice of the hearing shall consist of a legal property
description, description of request and be published in
the official newspaper at least ten (10) days prior to all
owners of land within three hundred fifty (350) feet of
the boundary of the property in question.
c) failure of a property owner to receive notice shall not
invalidate any such proceedings as set forth within this
Ordinance.
d) The Zoning Administrator shall instruct the appropriate staff
persons to prepare technical reports where appropriate, and
provide general assistance in preparing a recommendation on
the action to the City Council.
e) The Planning Coirunission and City staff shall have the Authority
to request additional information from the applicant con-
cerning operational factors or to retain expert testimony
with the consent and at the expense of the applicant con-
cerning operational factors, said information to be declared
necessary to establish performance conditions in relation
to all pertinent sections of this Ordinance.
f) The applicant or a representative thereof shall appear
before the Planning Commission to answer questions con-
cerning the proposed variance.
g) The Planning Commission shall make findings of fact and recom-
mend approval or denial of the request. The Planning Com-
mission shall reach a decision within sixty (60) days after
the first regular meeting at which the variance request was
considered by the Commission. The Commission's recommendation
and the City staff's report shall be presented to the City
Council.
*A~nended by Ordinance ~18G, May 4, 1981 28
* h) The City Council shall make findings of fact and approve or
deny a request for variance within thirty (30) days after
the close of the public hearing on the request.
i) A variance of this Zoning Ordinance shall be by four-
fifths (4/5) vote of the full City Council.
5.3 Lapse of Variance or Appeal. If within one (1) year after granting a
variance or appeal the use as permitted by the variance or appeal shall
not have been completed or utilized, then such a variance or appeal shall
become null and void unless a petition for extension of time in which to
complete or to utilize the use has been granted by the City Council. Such
extension shall be requested in writing and filed with the Zoning Admini-
strator at least thirty (30) days before the expiration of the original
variance or appeal. There shall be no charge for the filing of such
petition. The request for extension shall state facts showing a good
faith attempt to complete or use the use permitted in the variance or
appeal. Such petition shall be presented to the City Council for
decision.
5.4 Performance Bond.
1) Upon approval of a variance or appeal, the City shall be provided,
where deemed necessary by the City with a surety bond, cash escrow,
certificate of deposit, securities or cash deposit prior to the
issuing of building permits or initiation of work on the proposed
improvements or development. Said security shall guarantee con-
formance and compliance with the conditions of the variance or
appeal and the ordinances of the City.
2) The security shall be in the amount equal to one hundred twenty-
five (125) percent of the-City Engineer's or Building Official's
estimated costs of labor and materials for the proposed improve-
ments or development.
3) The City shall hold the security until completion of the proposed
improvements or development and a certificate of occupancy indica-
ing compliance with the variance or appeal and ordinances of
theiCity has been issued by the City Building Official.
4) Failure to comply with the conditions of the variance or appeal
and the ordinances of the City shall result in forfeiture of the
security.
*Amended by Ordinance #184, May 4, 1981 29
SECTION 6. ADMINISTRATION - PLANNED UNIT DEVELOPMENT
6.I Pur ose. This Section is established to provide comprehensive procedures
and standards designed to allow greater flexibility in the development of
neighborhoods or areas by incorporating a mixture of densities/intensities,
or use types when applied to a PUD district. The PUD process 6y al]owing
variation from the strict provisions of this Ordinance related to setbacks,
height, lot area, width and depth, yards, etc., is intended to encourage:
1) Innovations in development to the end that the growing demands for
all styles of economic expansion may be met by greater variety in
type, design, and siting of structures and by the conservation and
mare efficient use of land in such developments;
2) Higher standards of site and building design through the use of
trained and experienced land planners, architects and landscape archi-
tects;
3) More convenience in location and design of development and service
facilities;
4) The preservation and enhancement of desirable site characteristics
such as natural topography and geologic features and the prevention
of soil erosion;
5) A creative use of land and related physical development which allows
a phased and orderly transition of land from rural to urban uses;
6) An efficient use of land resulting in smaller networks of utilities
and streets thereby lower development costs and public investments;
7) A development pattern in harmony with the objectives of the Lakeville
Comprehensive Plan. (PUD is not intended as a means to vary applica-
ble planning and zoning principles.)
8) A mare desirable and creative environment than might be possible
through the strict application on zoning and subdivision regu]ations
of the City.
6.2 General Requirements and Standards.
1) Ownership. An application for PUD approval must be filed by the land-
owner or jointly by all landowners of the property included in a pro-
ject. The application and all submissions must be directed to the
development of the property as a unified whole. In the case of multi-
ple ownership, the Approved Final Plan shall be binding on all owners.
2) Comprehensive Plan Consistency. The proposed PUD shall be consistent
with.the City Comprehensive Plan.
3) Sanitary Sewer Plan Consistency. The proposed PUD shall be consistent
with the City Comprehensive Sewer Plan.
30
4) Common Open Space. Common open space at least sufficient to meet the
minimum requirements established in the Comprehensive Plan and such
complementary structures and improvements as are necessary and appro-
priate for the benefit and enjoyment of the residents of the PUD shall
be provided within the area of the PUD development.
5) Operatiny and Maintenance Requirements for PUD Common Open Space/Facil-
ities. Whenever common open space or service facilities are provided
vrithin the f'UD, the PUD plan shall contain provisions to assure the
continued operation and maintenance of such open space and service fa-
cilities to a pre-determined reasonable standard. Common open space
and service facilities within a PUD may be placed under the ownership
%f one or more of the following, as approved by the City Council:
a) Dedicated to public, where a community-wide use is anticipated
and the City Council agrees to accept the dedication.
b) Landlord control, where only use by tenants is anticipated.
c) Property Owners Association, provided all of the following condi-
tions are met:
1. Prior to the use or occupancy or sale or the execution of
contracts for sale of an individual building unit, parcel,
tracts, townhouse, apartment, or common area, a declaration
of covenants, conditions and restrictions or an equivalent
document or a document such as specified by Laws 1963, Chap-
ter 457, Section 11 and a set of floor plans such as speci-
fied by Laws 1963, Chapter 457, Section 13 shall be filed
with the City of Lakeville, said filing with the City to be
made prior to the filings of said declaration or document
or floor plans with the recording officers of Dakota County,
Plinnesota.
7_. The declaration of covenants, conditions and restrictions or
equivalent document shall specify that deeds, leases or
documents of conveyance affecting buildings, units, parcels,
tracts, townhouses, or apartments shall subject said proper-
ties to the terms of said declaration.
3. The declaration of covenants, conditions and restrictions
shall provide that an owner's association or corporation
shall be formed and that all owners shall be members of
said association or corporation which shall maintain all
properties and common areas in good repair and which shall
assess individual property owners proportionate shares of
joint or common costs. This declaration shall be subject
to the review and approval of the City Attorney. The intent
of this requirement is to protect the property values of the
individual owner through establishing private control.
4. The declaration shall additionally, amongst other things,
provide that in the event the association or corporation
fails to maintain properties in accordance with the applica-
31
b7e rules and regulations of the City of Lakeville or fai]s
to pay taxes or assessments on properties as they become due
and in the event the said City of Lakeville incurs any expen-
ses in enforcing its rules and regulations, which said expen-
ses are not immediately reimbursed by the association cr cor-
poration, then the City of Lakeville shall have the right to
assess each property its prorata share of said expenses.
Such assessments, together with interest thereon and costs
of collection, shall be a lien on each property against
which each such assessment is made.
5. t4embership must be +nandatory for each owner, and any succes-
sive buyer.
E. The open space restrictions must he permanent and not for
a given period of years.
7. The Association must be responsible for liability insurance,
local taxes, and the maintenance of the open space facili-
ties to be deeded to it.
8. Property owner must pay their prorata share of the cost of
the Association by means of an assessment to be levied by
the Association which meets the requirements for becoming
a lien on the property in accordance with Minnesota Statues.
9. The Association must be able to adjust the assessment to
meet changed needs.
10. The by-laws and rules of the Association and all covenants
and restrictions to be recorded must be approved by the
City Council prior to the approval of the final PUD plan.
6) Staging of Public and Common Open Space. When a PUD provides for
common or public open space, and is .planned as a staged development
aver a period of time, the total area of common or public open space
or land escrow security in any stage of development shall, at a mini-
mum, bear the same relationship to the total open space to be provided
in the entire PUD as the stages or units completed or under develop-
ment bear to the entire PUD.
7) Density. The maximum allowable density variation in a PUD shall be
determined by standards negotiated and agreed upon between the appli-
cant and the City. In all cases the negotiated standards shall be
consistent with the development policies as contained in the Lakeville
Comprehensive Plan. Whenever any PUD is to be developed in stages,
no such stage shall, when averaged with all previously completed
stages, have a residential density that exceeds one hundred twenty-
five (125) percent of the proposed residential density of the entire
PUD.
8) Utilities. In any PUD, all utilities, including telephone, electricity,
gas and telecable shall be installed underground.
32
i
9) Utility Connections.
a) Water Connections. Where more than one property is served from
the same service line, individual unit shut off valves shall be
provided as required by the City Engineer.
b) Sewer Connections. Where more than one (1) unit is served by a
sanitary sewer lateral which exceeds three hundred (300) feet in
length, provision must be made for a manhole to allow adequate
cleaning and maintenance of the lateral. All maintenance and
cleaning shall be the responsibility of the property owners asso-
ciation or owner.
10) Roadways. All streets shall conform to the design standards contained
in the Lakeville Subdivision Ordinance, unless otherwise approved by
the City Council.
11) Landscaping. In any PUD, landscaping shall be provided according to
a plan approved by the City Council, which shall include a detailed
planting list with sizes and species indicated as part of the Final
Plan. In assessing the landscaping plan, the City Council shall con-
sider the natural features of the particular site, the architectural
characteristics of the proposed structures and the overall scheme of
the PUD plan.
* 12) Urban/Rural Servicing Requirements. All development will be care-
fully phased so as to ensure that all developable land will be
accorded a present vested right to develop at such time as services
and facilities are available. Lands which have the necessary avail-
able municipal facilities and services will be granted approval in
accordance with existing ordinances and development techniques. Lands
which lack the available public facilities and services may be granted
approval for development, provided that all applicable provisions of
this Ordinance, the City Code, and State Regulations are complied
with.
**13) (Reserved)
*Amended by Ordinance #180, April 6, 1981
**Amended by Ordinance #184, May 4, 1981
33
i
t ,
14) Setbacks.
a) The front and side yard restrictions of the periphery of the
Planned Unit Development site at a minimum shall be the same as
imposed in the respective districts.
b) No building shall be located less than fifteen (15) feet from the
back of the curb line along those roadways which are part of
the internal street pattern.
c) No building within the project shall be nearer to another build-
ing than one-half (2) the sum of the building heights of the two
(2 buildings.
6.3 Submission Requirements. Ten (10) copies of the following exhibits, analy-
sis and plans shall be submitted to the Planning Commission and Council
during the PUD process, at the times specified in Section 6.4.
1) General Concept Stage.
a) General information:
1. The landowner's name and address and his interest in the
subject property.
2. The applicant's name and address if different from the land-
owner.
3. The names and addresses of all professional consultants who
have contributed to the development of the PUD plan being
submitted, including attorney, land planner, engineer and
surveyor.
4. Evidence that the applicant has sufficient control over the
subject property to effectuate the proposed PUD, including
a statement of all legal, beneficial, tenancy and contrac-
tual interests held in or affecting the subject property
and including an up-to-date certified abstract of title or
registered property report, and such other evidences as the
_ City Attorney may require to show the status of title or
control of the subject property.
b) Present Status:
1. The address and legal description of the subject property.
2. The existing zoning classification and present use of the
subject property and all lands within one thousand (1,000)
feet of the subject property.
3. A map depicting the existing development of the subject
property and all land within one thousand (1,000) feet there-
of and indicating the location of existing streets, property
lines, easements, water mains and storm and sanitary sewers,
with invert elevations on and within one hundred (100) feet
of the subject property.
34
i T
c) A written statement generally describing the proposed PUD and
the market which it is intended to serve and its demand showing
its relationship to the City's Comprehensive Plan and how the
proposed PUD is to be designed, arranged and operated in order
to per~tnit the developrent and use of neighboring property in
accordance with the applicable regulations of the City.
d) Site Conditions: Graphic reproductions of the existing site con-
ditions at a scale of one hundred {100) feet.
1. Contours - mini muri two (2) foot intervals.
7_. Location, type and extent of tree cover.
3. Slope analysis.
4. Location and extent of water bodies, wetlands and streams
and floodplains within three hundred (300) feet of the sub-
ject property.
5. Significant rock outcroppings.
6. Existing drainage patterns.
7. Vistas and significant views.
8. Soil conditions as they affect development.
All of the graphics should be the same scale as the final plan
to allow easy cross reference. The use of overlays is recommended
for clear reference.
e) Schematic drawing of the proposed development concept including
but not limited to the general location of major circulation
elements, public and common open space, residential and other
land uses.
f) A statement of the estimated total number of dwelling units
proposed for the PUD and a tabulation of the proposed approximate
allocations of land use expressed in acres and as a percent of
the total project area, which shall include at least the follow-
ing:
1. Area devoted to residential uses.
2. Area devoted to residential use by building type.
3. Area devoted to common open space.
4. Area devoted to public open space.
5. Approximate area devoted to streets.
6. Approximate area devoted to, and number of, off-street par-
king and loading spaces and related access.
7. Approximate area, and floor area, devoted to commercial uses.
8. Approximate area, and floor area, devoted to industrial or
office use.
g) When the PUD is to be constructed in stages during a period of
time extending beyond a single construction season, a schedule
for the development of such stages or units shall be submitted
stating the approximate beginning and completion date for each
such stage or unit and the proportion of the total PUD public
or common open space and dwelling units to be provided or constuc-
ted during each such stage and the overall chronology of develop-
ment to be followed from stage to stage.
35
I
h) 'rJhen the proposed PUD includes provisions for public or common
open space or service facilities, a statement describing the
provision that is to be made for the care and maintenance of
such open space or service facilities.
i) General intents of any restrictive covenants that are to be
recorded with respect to property included in the proposed PUD.
j) Schematic utilities plans indicating placement of water, sanitary
and stony seaaers.
k) The Planniny Commission may excuse an applicant from submitting
any specific item of information or document required in this
siaye, which it `rods to Le unnecessary to the consideration of
the specific proposal foe PUU approval.
1} The Planniny Commission gray require the submission of any addi-
tional information. or documentation which it may find necessary
or appropriate to full consideration of the proposed PUD or any
aspect or stage thereof.
2) Development State. Development stage submissions should depict and
outline the proposed implementations of the general concept stage for
the PUD. Information from the general concept stage may be included
for backyround and to provide a basis for the submitted plan. The
Development Stage submissions shall include but not be limited to:
a) Zoning classification required for Development Stage submission
and any other public decisions necessary for implementation of
the proposed plan.
b) Ten (10) sets of preliminary plans, drawn to a scale of not less
than one (1) inch equals one hundred (100) feet (or scale reques-
ted by the administrator} containing at least the following
information:
1. Proposed naive of the development (which shall not duplicate
nor b2 similar in pronunciation to the name of any plat
theretofore recorded in the County where the subject property
is situated`,.
2. Property boundary lines and dimensions of the property and
arty siynificanT, topographical or physical features of the
property.
3. The location, size, use and arrangement including height
in stories and feet and total square feet of ground area
coveraye and floor area, of proposed buildings, including
nobiie home:;, and existing buildings which will remain,
if any.
4. Location, dimensions of all driveways, entrances, curb cuts,
parking stalls, loading spaces and access aisles, and all
other c~,rculatinn elements including bike and pedestrian;
and ±h+~ total site coverage of all circulation elements.
zr;
5. Location, designation and total area of all common open
space.
6. Location, designation and total area proposed to be conveyed
or dedicated for public open space, including parks, play-
grounds, school sites and recreational facilities.
7. Proposed lots and blocks, if any, and numbering system.
8. The location, use and size of structures and other land uses
on adjacent properties.
9. Detailed sketches and provisions of proposed landscaping.
10. General grading and drainage plans for the developed PUD.
I1. Any other information that may have been required by the
Planning Commission or Council in conjunction with the
approval of the general concept plan.
c) An accurate legal description of the entire area within the PUD
for which final development plan approval is sought.
d) A tabulation indicating the number of residential dwelling units
and expected population.
e) A tabulation indicating the gross square footage, if any, of
commercial and industrial floor space by type of activity (e.g.
drug store, dry cleaning, super market).
f) Preliminary architectural "typical" plans indicating use, floor
plan, elevations and exterior wall finishes of proposed building,
including mobile homes.
g) A detailed site plan, suitable for recording, showing the physi-
cal layout, design and purpose of all streets, easements, rights-
of-way, utility lines and facilities, lots, block, public and
common open space, general landscaping plan, structure, including
mobile homes, and uses.
h) Preliminary grading and site alteration plan illustrating changes
to existing topography and natural site vegetation. The plan
should clearly reflect the site treatment and its conformance
with the approved concept plan.
i) A preliminary plat prepared in accordance with the Lakeville Sub-
division Ordinance.
j) A Soil Erosion Control Plan acceptable to watershed districts,
Department of Natural Resources, Soil Conservation Service, or
any other agency with review authority clearly illustrating ero-
sion control measures to be used during construction and as
permanent measures.
37
k) A statement summarizing all changes which have been made in any
document, plan data or information previously submitted, together
with revised copies of any such document, plan or data.
1) Such other and further information as the Planning Commission,
Administrator or Council shall find necessary to a full considera-
tion of the entire proposed PUD or any stage thereof.
m) The Planning Commission may excuse an applicant from submitting
any specific item of information or document required in this
Section which it finds to be unnecessary to the consideration of
the specific proposal for PUD approval.
2) Final Plan Starae. After- approval of a general concept plan for the
PUD and approval of a development stage plan for a section of the
proposed PUD the applicant will submit the following material for
review by the City staff prior to issuance of a building permit.
a) Proof of recording any easements and restrictive covenants prior
to the sale of any land or dwelling unit within the PUD and of
the establishment and activation of any entity that is to be
responsible for the management and maintenance of any public or
common open space or service facility.
6) All certificates, seals and signatures required for the dedica-
tion of land and recordation of documents.
c) Final architectural working drawings of all structures.
d) A final plat and final engineering plans and specifications for
streets, utilities and other public improvements, together with
a Community/Developer Agreement for the installation of such
improvements and financial guarantees for the completion of such
improvements.
e) Any other plan, agreements, or specifications necessary for the
City staff to review the proposed construction. All work must
6e in conformance with the Minnesota State Uniform Building Code.
6.4 Procedure for Processing a Planned Unit Development.
1) Application Conference. Upon filing of an application for PUD, the
applicant of the proposed PUD is encouraged to arrange for and attend
a conference with the Zoning Administrator. The primary purpose of
the conference shall be to provide the applicant with an opportunity
to gather information and obtain guidance as to the general suitabil-
ity of his proposal for the area for which it is proposed and its
conformity to the provisions of this Ordinance before incurring sub-
stantial expense in the preparation of plans, surveys and other data.
2) General Concept Plan.
~n
a) Purpose. The General Concept Plan provides an opportunity for
the applicant to submit a plan to the City showing his basic
intent and the general nature of the entire development without
incurring substantial cost. The following elements of the pro-
posed general concept plan represent the immediately significant
elements for City review and comment.
1. Overall maximum PUD density range.
2. General location of major streets and pedestrian ways.
3. General location and extent of public and common open space.
4. General location of residential and non-residential land
uses with approximate type and intensities of development.
5. Staging and time schedule of development.
6. Other special criteria for development.
b) Schedule.
1. Developer meets with the Zoning Administrator to discuss the
proposed developments.
2. The applicant shall file the concept stage application, to-
gether with all supporting data and filing fee as established
by City Council resolution.
3. Within thirty (30) days after verification by the staff that
the required plan and supporting data is adequate, the Plan-
ning Commission shall hold a public hearing.
4. The Zoning Administrator, upon verification of said applica-
tion, shall instruct the City Clerk to set a public hearing
for the next regular meeting of the Planning Commission. The
Planning Commission shall conduct the hearing, and report
its findings and make recommendations to the City Council.
Notice of said hearing shall consist of a legal property
description, description of request and map detailing
property location, and be published in the official newspaper
at least ten (10) days prior to the hearing and written noti-
fication of said hearing shall be mailed at least ten (10)
days prior to all owners of land within three hundred fifty
(350) feet of the boundary of the property in question.
5. Failure of a property owner to receive said notice shall not
invalidate any such proceedings as set forth within this
Ordinance.
6. The Zoning Administrator shall instruct the appropriate
_ staff persons to prepare technical reports where appropriate
and provide general assistance in preparing a recommendation
on the action to the City Council. Additionally, the request
.shall be provided to the Natural Resources Committee and the
Park and Recreation Committee for their review and comment.
7/18/80 39
7. The Planning Commission and City staff shall have the author-
ity to request additional information from the applicant
concerning operational factors or to retain expert testimony
with the consent and at the expense of the applicant con-
cerning operational factors, said information to be declared
necessary to establish performance conditions in relation to
all pertinent sections of this Ordinance.
8. The applicant or a representative thereof shall appear before
the Planning Commission in order to answer questions concern-
ing the proposed development.
9. Within sixty {60) days of the public hearing, or such further
time as may be agreed to by the applicant, the Planning Com-
mission shall itself review said reports and plans and sub-
mit its written report and recommendations to the Council
and applicant. Such report shall contain the findings of
the Planning Commission with respect to the General Concept
Plan. If the Planning Commission fails to act within the
time specified herein, it shall be deemed to have recommen-
ded the Plan for approval.
10. Within thirty (30) days of receipt of the report and recom-
mendation of the Planning Commission, the Council shall
grant approval, resubmit the plan to the Planning Commission
for further consideration of specified items or deny approval
of the plan.
c) (motional Submission of Development Stage Plan. In cases of sin-
. gle stage PUD's or where the applicant wishes to begin the first
stage of a multiple stage PUD immediately, he may, at this op-
tion, initially submit Development Stage Plans for the proposed
PUD. In such case, the planning commission and council shall
consider such plans, grant or deny Development Stage Plan approval
in accordance with the provisions of Section 6.4(2) above.
d) Effect of Concept Plan Approval. Unless the applicant shall fail
to meet time schedules for filing Development Stage and Final
Plans or shall fail to proceed with development in accordance
with the plans as approved or shall in any other manner fail to
comply with any condition of this Ordinance or of any approval
granted pursuant to it, a General Concept Plan which has been
approved shall not be modified, revoked or otherwise impaired
pending the application of Development Stage and Final Plans by
any action of the City of Lakeville without the consent of the
applicant.
e) Limitation on General Conce t Plan A royal. Unless a Develop-
ment Stage Plan covering at least ten 10 dwelling units or the
area designated in the General Concept Plan as the first stage
of the PUD, whichever is greater, has been filed within six (6)
months from the date Council grants General Concept Plan approval,
or in any case where the applicant fails to file Development
Stage and Final Plans and to proceed with development in accor-
7/18/80 40
dance with the provisions of this Ordinance and of an approved
General Concept Plan, the approval may be revoked by Council ac-
tion. In such case, the Council shall forthwith adopt a resolu-
tion repealing the General Concept Plan approval for that portion
of the PUD that has not received final approval and re-establish-
ing the zoning and other ordinance provisions that would other-
wise be applicable. Upon application by the applicant, the Coun-
cil at its discretion may extend for additional periods not in
excess of six (6) months each, the filing deadline for any De-
velopment Stage Plan, when, for good cause, shown, such extension
is necessary.
3) Development Stage
a) Purpose. The purpose of the Development Stage Plan is to provide
a specific and particular plan upon which the Planning Commission
will base its recommendation to the Council and with which sub-
stantial compliance is necessary for the preparation of the Final
Plan.
b) Submission of Develo ment Sta e. Upon approval of the General
Concept an, and within the time established in Section 6.4(2)(e)
above, the applicant shall file with the Zoning Administrator a
Development Stage Plan consistin of the information and submis-
sions required by Section 6.3(2 for the entire PUD or for one
or more stages thereof in accordance with a staging plan approved
as part of the General Concept Plan. The Development Stage Plan
shall refine, implement and be in substantial conformity with the
approved General Concept Plan.
c) Review and Action by City Staff and Planning Commission. Imme-
diately upon receipt of a completed Development Stage Plan, the
Administrator shall refer such plan to the following City staff
and/or official bodies for the indicated action:
1. The City attorney for legal review of all documents.
2. The City engineer for review of all engineering data
and the City/Developer Ayreement _
3. The City Building Official for review of all building
plans.
4. The Zoniny Administrator for review of all plans for
compliance with the intent, purpose and requirements
of this Ordinance and confo rn~ity with the General
Concept Plan and Comprehensive Plan.
7/18/80 41
Y
~ f
5. The City Planning Commission for review and recommenda-
tion to the Council.
6. When appropriate, as determined by the Zoning Adminis-
trator to the Park and Recreation Committee and Natur-
al Resources Committee for review and recommendations.
7. When appropriate, as determined by the Zoning Adminis-
trator to other special review agencies such as the
Watershed Districts, Soil Conservation Services, high-
way Departments or other affected agencies.
All staff designated in paragraphs (1) through (4) hereof
shall submit their reports in writing to the Planning
Commission and applicant.
d) Schedule.
1. Developer meets with the Zoning Administrator and City staff
to discuss specific development plans.
2. The applicant shall file the Development Stage application
within six (6) months after Concept Plan review, together
with all supporting data and filing fee as established by
City Council resolution.
3. A technical staff report shall be prepared on the proposed
development, and distributed to the Planning Commission and
the applicant prior to the meeting.
4. The applicant or a representative thereof shall appear before
the Planning Commission in order to answer questions concern-
ing the proposed development.
5. Planning Commission will make a recommendation to the City
Council on the General Concept Plan.
6. City Council revieaas all recommendations and approves/denies
the plan.
7. The City Administrator shall instruct the City Attorney to
draw up a PUD Agreement which stipulates the specific terms
and conditions approved by the City Council and accepted by
the applicant. This Agreement shall be signed by the Mayor
of the City of Lakeville, City Administrator and the appli-
cant within thirty (30) days of Council approval of the
Development Stage Plan. Where the Development Stage Plan
is to be resubmitted or denied approval, the Council action
shall be by written report setting forth the reasons for its
action.
7/18/80 42
}
e) Limitation on Development Stage Plan Approval. Unless a Final
Plan covering the area designated in the Development Stage Plan
as the first stage of the PUD has been filed within six (6)
months frori the date Council grants Development Stage Plan appro-
val, or in any case where the applicant fails to file Final
Plans and to proceed with development in accordance with the
provisions of this Ordinance and/or an approved Development Stage
Plan, the approval shall expire. Upon application by the Appli-
cant, the Council at its discretion may extend for not more than
six (6) months, the filing deadline for any Final Plat when, for
good cause shown, such extension is necessary. In any case
where Development Plan approval expires, the Council shall forth-
with adopt a resolution repealing the General Concept Plan appro-
val and the Development Stage Plan approval for that portion of
the PUD that has received Final Plan approval and re-establishing
the zoning and other ordinance provisions that would otherwise
be applicable.
f) Site Improvements. At any time following the approval of a De-
veloprient Stage Plan by the Council, the applicant may, pursuant
to the applicable ordinances of the City apply for, and the City
Engineer may issue, grading permits for the area within the PUD
for which Development State Plan approval has been given.
4) Final Plan.
a) Purpose. The Final Plan is to serve as a complete, thorough and
permanent public record of the PUD and the manner in which it is
to be developed. It shall incorporate all prior approved plans
and all approved modifications thereof resulting from the PUD
process. It shall serve in conjunction with other City ordinances
as the land use regulation applicable to the PUD. The Final Plan
is intended only to add detail to, and to put in final form, the
information contained in the Development Stage Plan and shall
conform to the Development Stage Plan in all respects.
6) Schedule.
1. Upon approval of the Development Stage Plan, and within the
time established by Section 6.4(3)(e) above, the applicant
shall file with the Zoning Administrator a Final Plan con-
sisting of the information and submissions required by
Section 6.3(3) of this Section for the entire PUD or for
one or more stages. This plan will be reviewed and approved/
denied by City Staff, unless otherwise specified by the City
Council.
2. Within thirty (30) days of its approval, the applicant shall
cause the Final Plan, or such portions thereof as are appro-
priate, to be recorded with the County Register of Deeds or
Reyistrar of Titles. The applicant shall provide the City
with a signed copy verifying county recording within forty
(40) days of the date of approval.
43
,...y
c) Building and Other Permits. Except as otherwise expressly
provided herein, upon receiving notice from the Zoning Ad-
ministrator that the approved Final Plan has been recorded
and upon application of the applicant pursuant to the ap-
plicable ordinances of the City, all appropriate officials
of the City may issue building and other permits to the
applicant for development, construction and other work in
the area encompassed by the approved Final Plan provided,
however, that no such permit shall be issued unless the
appropriate official is first satisfied that the requirements
of all codes and ordinances in which are applicable to the
permit sought, have been satisfied.
d) Limitation on Final_ Plan Approval. Within one (I) year
after the approval of a Final Plan for PUD, or such shorter
time as may be established by the approved development sche-
dule, construction shall commence in accordance with such
approved plan. Failure to commence construction within such
period shall, unless an extension shall have been granted
as hereinafter provided, automatically render void the PUD
permit and all approvals of the PUD plan and the area encom-
passed within the PUD shall thereafter be subject to those
provisions of the zoning ordinances, and other ordinances,
applicable in the district in which it is located. In such
case, the Council shall forthwith adopt an ordinance repeal-
ing the PUD permit and all PUD approvals and re-establishing
the zoning and other ordinance provisions that would other-
wise be applicable.
The time limit established by this paragraph may, at the
discretion of the Council, be extended for not more than
one year.
e) Inspections During Development.
I. Compliance with Overall Plan. Following Final Plan
approval of a PUD, or a stage thereof, the Zoning
Administrator shall, at least annually until the
completion of development, review all permits issued
and construction undertaken and compare actual devel-
opment and with the approved development schedule.
If the Zoning Pdministrator finds that development is
not proceeding in accordance with the approved schedule,
or that it fails in any other respect to comply with
the PUD plans as finally approved, he shall immediately
notify the Council. Within thirty (30) days of such
notice, the Council shall either by ordinance revoke
the PUD permit, and the land shall thereafter be
governed by the regulations applicable in the district
in which it is located; or shall take such steps as it
shall deem necessary to compel compliance with the
Final Plans as approved; or shall require the land-
owner or applicant to seek an amendment of the Final
Plan.
a4
SECTIOPJ 7. ADP1INISTRATION - CERTIFICATE OF OCCUPANCY
7.1 Except for farm buildings, no building or structure hereafter erected or
moved, or that portion of an existing structure or building erected or
moved shall be occupied or used in whole or in part for any purpose what-
soever until a certificate of occupancy shall have been issued by the
Building Official stating that the building or structure complies with all
of the provisions within this Ordinance and applicable state building code
sections.
7.2 Application. Said certificate shall be applied for coincident with the
application for a building permit, conditional use permit, and/or variance
and shall be issued within ten (10) days after the building Official shall
have found the building or structure satisfactory and given final inspec-
tion. Said application shall be accompanied by a fee as established by
City Council resolution.
7/18/80 45
SECTION 8. NON-CONFORh1ING BUILDINGS, STRUCTURES AND USES
8.1 Pur ose. It is the purpose of this Section to provide for the regulation
of non-conforming buildings, structures and uses and to specify those re-
quirements, circumstances and conditions under which non-conforming build-
ings, structures and uses will 6e operated and maintained. The zoning or-
dinance establishes separate districts, each of which is an appropriate
area for the location of uses which are permitted in that district. It is
necessary and consistent with the establishment of these districts that non-
. conforming buildings, structures and uses not be permitted to continue with-
out restriction. Furthermore, it is the intent of this Section that all
non-conforming uses shall be eventually brought into conformity.
8.2 Provisions.
1) Any non-conforming structure or use lawfully existing upon the effec-
tive date of this Ordinance shall not be enlarged or reconstructed,
but may 6e continued at the size and in the manner of operation
existing upon such date except as hereinafter specified or subsequent-
ly amended.
2) Any proposed structure which will, under this Ordinance, he come non-
conforming but for which a building permit has been lawfully granted
prior to the effective date of this Ordinance may be completed in
accordance with the approved plans; provided construction is started
within sixty {60) days of the effective date of this Ordinance, is
not abandoned for a period of more than one hundred twenty (120) days,
and continues to completion within two (2) years. Such structure
and use shall thereafter be a legally non-conforming structure and
use.
3) Normal maintenance of a building or other structure containing or
related to a lawful non-conforming use is permitted, including
necessary non-structural repairs and incidental alterations which do
not physically extend or intensify the non-conforming use.
4) Alterations may be made to a building containing lawful non-conforming
residential units when they will improve the livability thereof, pro-
vided they will not increase the number of dwelling units or size
or volume of the building. A dwelling may not, however, be demolished
and a new dwelling constructed unless the new dwelling is in full
compliance with this Ordinance.
5) Non-conforming, single family dwelling units may be expanded to
improve livability as a conditional use as regulated by Section 4 of
this Ordinance, provided that the non-conformity is not increased.
6) Nothing in this Ordinance shall prevent the placing of a structure in
safe condition when said structure is declared unsafe by the Building
Official providing the necessary repairs shall not constitute more
than fifty {50) percent of fair market value of such structure. Said
value shall be determined by the City.
7/18/80 46
7) No non-conforming building, structure or use shall be moved to another
lot or to any other part of the parcel of land upon which the same was
constructed or was conducted at the time of this Ordinance adoption
unless such. movement shall bring the non-conformance into substantial-
ly closer compliance with the requirements of this Ordinance.
8) 4Jhen any lawful non-conforming use of any structure or land in any
district has been changed to a conforming use, it shall not thereafter
be changed to any non-conforming use.
9) A lawful non-conforming use of a structure or parcel of land may be
changed to lessen the non-conformity of use. Once a non-conforming
structure or parcel of land has been changed, it shall not thereafter
be so altered to increase the non-conformity.
10) If at any time, a non-conforming building, structure or use shall be
destroyed to the extent of more than fifty (50} percent of its fair
market value, said value to be determined by the City, then without
further action by the Council, the building and the land on which such
building was located or maintained shall, from and after the date of
said destruction, be subject to all the regulations specified by these
zoning regulations for the district in ~•ihich such land and buildings
are located. Any buildino which is damaged to an extent of less than
fifty (50) percent of its value may be restored to its former extent,
if it is reconstructed within twelve (12} months after the date of
said damage. Estimate of the extent of damage or destruction shall be
made by the Building Official.
11) Whenever a lawful non-conforming use of a structure or land is discon-
tinued for a period of six (6) months, any future use of said struc-
ture or lands shall be made to conform with the provisions of this
Ordinance.
12) Any lawful non-conforming use of land not involving a structure, and
any lawful non-conforming use involving a building or structure with
an assessed valuation upon the effective date of this Ordinance of
Five Thousand Dollars ($5,000) or less, may be continued until 1 July
1983, whereupon such non-conforming use shall cease.
7/18/80
47
SECTION 9. GENERAL BUILDING AND PERFORMANCE REQUIREMEfJTS
9.1 Purpose. The purpose of this Section of the Zoning Ordinance is to
establish general development performance standards. These standards are
intended and designed to assure compatability of uses; to prevent urban
blight, deterioration and decay; and to enhance the health, safety and
general welfare of the residents of the community.
9.2 Dwelling Unit Restriction.
1) No garage, tent, accessory building or motor home shall at any time
be used as living quarters, temporarily or permanently.
2) Basements and cellars may be used as living quarters or rooms as a
portion of the principal residential dwelling. Energy conserving
designs in housing are not prohibited by this provision of the ordi-
nance, provided that a conditional use permit is approved by the
City Council and the structure complies with standards imposed by the
state and the Uniform Building Code.
3J Tents, play houses or similar structures may be used for play or
recreational purposes.
9.3 Platted and Unplatted Property.
1) Any person desiring to improve property shall submit to the Building
Official a survey of said premises and information on the location
and dimensions of existing and proposed buildings, location of ease-
ments crossing the property, encroachments, and any other information
which may be necessary to insure conformance to City Ordinances.
2) All buildings shall be so placed so that they will not obstruct future
streets which may be constructed by the City in conformity with exis-
ting streets and according to the system and standards employed by
the City.
3) Except where sanitary sewer has previously been provided to the lot, a
lot of record existing upon the effective date of this Ordinance in
a Residence District, which does not meet the requirements of this
Ordinance as to area or width may be utilized for single family de-
tached dwelling purposes provided the measurements of such area or
width are within seventy (70) percent of the requirements of this
Ordinance. This section is not intended to allow reduction in set-
backs and required yards.
4) Except in the case of planned unit development as provided for in
Section 6 of this Ordinance, not snore than one (I) principal building
shall be located on a lot. The words "principal building" shall be
given their common, ordinary meaning as defined in Section 2 of this
Ordinance, in case of doubt or on any questions or interpretation the
decision of the Zoning Administrator shall be final, subject to the
right to appeal to the Planning Commission and City Council. Shopping
centers shall be interpreted as having more than one (I) principal
building.
7/18/80 48
5) On a through lot (a lot fronting on two (2) para71e1 streets), both
street lines shall be front lot lines for applying the yard and
j parking setback regulations of this Ordinance.
*4.4 Accessory Buildings.
1) Farm buildings are exempt from the requirements of Section 9.4
2) A garage not exceeding nine hundred (400) square feet shall be con-
sidered an integral part of the principal building if it is attached
to the principal building or is connected to it by a covered passage-
way and such garages are exempt from the provisions of Section 9.4.
3) Accessory buildings may encroach into the required side and rear
yard setbacks 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 set-
back from all adjoining lots a distance equivalent to one-half (''-i)
the height of the accessory building; shall be located at least
ten (ZO) feet away from any other building 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. Accessory 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 1D feet, except garages
which shall not exceed
15 feet
R-4 15 feet
R-5 15 feet
b) Accessory buildings other than garages shall be limited to
ten (10) feet in height on all taro family, quadraminium or
tG4•; I7house un i t lots.
*Amended by Ordinance X237, January 3, 14&4 G9
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 shalt further be
limited to ten (10%) percent 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 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 nuisance characteristics include but
are not limited to: noise, dust, odors, glare, and un-
sightly building exterior.
9} Conditional Use Permits. The height and area limits for accessory
buildings ma,~~ not exceed that allowed in Sections 9.4 6} and 9.4 7}
except by a conditior~a7 use permit. In addition, no permit shall be
issued for the construction of more than one accessory building per
lot in resicential zones except by conditional use permit. Applica-
tion fora 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:
49A
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 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.
9.5 Drainage Plans.
I) IJo land shall be developed and no use shall be permitted that results
in water runoff causing flooding, erosion, or deposit of minerals on
adjacent properties. Such runoff shall be properly channeled into
a storm drain, water course, ponding area, or other public facilities
subject to the review and approval of the City Engineer.
2) In the case of all residential subdivisions, multiple family, business
and industrial developments, the drainage plans shall be submitted to
the City Engineer for his review and the final drainage plan shall be
subject to his written approval. In the ease of such uses, no modifi-
cation in grade and drainage flow through fill, erection of retaining
walls or other such actions shall be permitted until such plans have
been reviewed and received written approval from the City Engineer.
3} Except for written authorization of the Zoning Administrator, the top
of the foundation and garage floor of a71 structures shall be one {I)
foot above the grade of the crown of the street.
9.6 Fences. Fences shall be permitted in all yards subject to the following:
1) Permit Required. No person, firm or corporation except on a farm
and related to farming, shall hereafter construct or cause to be
constructed or erected within the City of Lakeville, any fence vaithout
first making an application for and securing a building permit.
2) Locations. All fences shall be located entirely upon the private
property of the persons, firms or corporation constructing, or causing
the construction, of such fence unless tiie owner of the property
adjoining agrees, in writing, that such fence may be erected on the
division line of the respccti•.e pr~ep~rtie~. The i;uildinq Gf`icial n~~a~~
req!rire the owner of t~.e proper*v "^er ~~hici°, fo;;re n~:; exists, or~
rrray require ary aprlic..~.~~ fer G fence r,=_rs:i± ~ es' ',sh the boundary
lines of his property by a survey thereof to be made ^y any kegistered
Land Surveyor.
~'3E
3) Construction and Maintenance. Every fence shall be constructed in a
substantial, workman-like manner and of substantial material reason-
ably suited for the purpose for which the fence is proposed to be f
used. Every fence shall be maintained in a condition of reasonable t
repair and shall not be allowed to become and remain in a condition of
disrepair or danger, or constitute a nuisance, public or private. Any
such fence which is, or has become dangerous to the public safety,
health or welfare, is a public nuisance, and the Lakeville Zoning
Administrator shall commence proper proceedings for the abatement
thereof. Link fences, wherever permitted shall be constructed in such
a manner, that no barbed ends shall be at the top. Electric fences
shall only be permitted in the "A-P" and "R-A" District when related
to farming, and on farms in other districts when related to farming,
but not as boundary fences. Barbed wire fences shall only be permit-
ted on farms except as hereinafter provided.
4) Solid walls eight (8) feet in height may be constructed and maintained
only in the buildable area of a lot only by a conditional use permit.
5) On corner lots, no fence or screen shall be permitted within the tri-
angular area defined as beginning at the intersection of the projected
curb line of two intersecting streets, thence thirty (30) feet
from the point of beginning on the other curb line, thence to the
point of beginning, unless the fence or screening is at least seventy-
five percent (75w) open.
' 50
6) Residential Fencing and Screening.
a) Except as provided herein, fences shall be at least five percent
(5%) open for passage of air and light.
b) Except as provided herein, fences outside the buildable area of
a iot may not exceed six (6) feet in height.
c) Except as provided herein, fences within the buildable area of
a lot or in the case of the rear lot line at least ten (10) feet
from the rear lot line, may not exceed eight (8) feet in height.
d) Fences extending across front yards shall not exceed forty-two
(42) inches in height and shall be at least seventy-five percent
(75%) open space for passage of air and light and shall conform
to Section 9.8 of this Ordinance.
7) Swimming Pool Protection..
a) A permit shall be required for swimming pools constructed below
ground level considered to be of permanent construction with a
capacity of 5,000 gallons and/or three feet or more of depth.
Each application for a permit to construct or erect a swimming
pool shall be accompanied by plans of sufficient detail to show:
1. The proposed location and its relationship to the other
principal buildings on the lot.
2. The size of the pool.
3. Fencing and other fixtures existing on the lot, including
utility location and trees.
4. The location, size and types of equipment to be used in
connection with the pool, including but not limited to
filter unit, pump fencing and the pool itself.
5. That the requirements contained in Section 9.6(7)(b) of this
Ordinance will be satisfied.
b) All below ground pools for which a permit is required and granted
shall be provided with safeguards to prevent children from gain-
ing uncontrolled access. This can be accomplished with fencing,
screening or other enclosure, or any combination thereof, of
sufficient density as to be impenetrable. If fences are employed,
they shall be at least four (4) feet in height. The bottoms of
the fences shall not be more than four (4) inches from the ground.
Fences shall be of a noncorrosive material and shall be construc-
ted so as to be not easily climbable. All fence openings or
points of entry into the pool enclosure shall be equipped with
gates or doors. All gates or doors to swimming pools shall be
equipped with self-closing and self-latching devices placed at
a sufficient height so as to 6e inaccessible to all small child-
ren.
51
8) Business and Industrial Fencing.
a) Business and industrial fences may be erected up to eight (8)
feet in height. Fences in excess of eight (8) feet shall require
a conditional use permit.
*b) Business and industrial fences with barbed wire security arms
shall be erected a minimum of six (6) feet in height (measured
without the security arm). The security arm shall be angled in
such a manner that it extends only over the property of the
permit holder and does not endanger the public. Such security
fencing shall be prohibited when located along a property line
abutting a residential use.
9) Special Purpose Fences. Fences for special purposes and fences dif-
fering in construction, height or length may be permitted in any
district in the City of Lakeville by issuance of a conditional use
permit review by the Planning Commission and approved by the City
Council. Findings shall be made that the fence is necessary to pro-
tect, buffer or improve the premises for which the fence is intended.
9.7 Required Fencing, Screening and Landscaping.
1) Fencing and Screening. Where any business or industrial use (i.e.,
structure, parking or storage) abuts property zoned for residential
use, that business or industry shall provide screening along the
boundary of the residential property. Screening shall also be pra-
vided where a business or industry is across the street from a resi-
dential zone, but not on that side of a business or industry consid-
ered to be the front (as determined by the Building Official). All
the fencing and screening specifically required by this Ordinance
shall be subject to Section 9.8 and shall consist of either a fence
or a green belt planting strip as provided for below.
a) A green belt planting strip shall consist of evergreen trees and/
or deciduous trees and plants and shall be of sufficient width
and density to provide an effective visual screen. This planting
strip shall be designed to provide complete visual screening to
a minimum height of six (6) feet. Earth mounding or berms ma
be used but shall not be used to achieve more than three (3~
feet of the required screen. The planting plan and type of plant-
ings shall require the approval of the City Council.
b) A required screening fence shall be constructed of masonry, brick,
wood or metal. Such fence shall provide a solid screening effect
six (6) feet in height. The design and materials used in con-
structing a required screening fence shall be subject to the
approval of the City Council. Fences in excess of six (6) feet
in height shall require approval of the Zoning Administrator
and Building Official.
*2) Landsca in -General Residential. The lot area remaining after gro-
ut tng for off-street parking, off-street loading, sidewalks, drive-
ways, building site and/or other requirements shall be landscaped
using ornamental grass, shrubs, trees or other acceptable vegetation
or treatment generally used in landscaping within one (1) year
following the date of building occupancy. Fences or trees placed
*Amended by Ordinance #184, May 4, 1981 52
upon utility easements are subject to removal if required for the
maintenance or improvement of the utility. Trees on utility easements
containing overhead wires shall not exceed twenty (20) feet in height.
(The planting of large trees is not recommended under overhead wires.)
3) Landsca in -New Residential Subdivisions Semi-Public and All In-
come Producing Property Uses. Excluding residential structures con-
taining less than four dwelling units). Prior to approval of a
building permit, all above referenced uses shall be subject to manda-
tory landscape plan and specification requirements. Said landscape
plan should be developed with an emphasis upon the following areas:
The boundary or perimeter of the proposed site at points adjoin-
ing other property and the immediate perimeter of the structure.
All landscaping incorporated in said plan shall conform to the follow-
ing standards and criteria:
a) A17 plants must at least equal the following minimum size:
Balled &
Potted/Bare Root or Burlapped
Shade Trees* 2 in. dia. 2 in. dia.
Half Trees (Flowering Crabs,
Russian Olive, Hawthorn, etc.) 6 - 7 ft. 12 in. dia.
Evergreen Trees 3 - 4 ft.
Tall Shrubs & Hedge Material
(Evergreen or Deciduous) 3 - 4 ft. 3 - 4 ft.
Low Shrubs - Deciduous 18 - 24 inches 24 - 30 in.
- Evergreen 18 - 24 inches potted 24 - 30 in.
- Spreading Evergreens 18 - 24 inches potted 18 - 24 in.
Type and mode are dependent upon time of planting season, avail-
ability, and site conditions (soils, climate, ground water, man-
made irrigation, grading, etc.)
b) 5 acin .
1. Plant material centers shall not be located closer than
three (3) feet from the fence line or property line and
shall not be planted to conflict with public plantings based
on the judgement of the City staff.
2. Where plant materials are planted in two or more rows,
plantings shall 6e staggered in rows unless otherwise
approved by the City staff.
3. Deciduous trees shall be planted not more than forty (40)
feet apart.
4. Where massing of plants or screening is intended, large
deciduous shrubs shall not be planted more than four (4}
feet on center, and/or, evergreen shrubs shall not be
planted more than three (3) feet on center.
53
c) Types of New Trees. Plantings, suitable trees include:
Quercus (Varieties) Oak
Acer platanoides (and Varieties) Norway Maple (and Schwedler,
Emerald Queen, etc.)
Acer saccharum Sugar Maple
Celtis accidentalis Hackberry
Betula (Varieties) Birch
Gleditsia triacanthos Honeylocust (Imperial, Majestic
Skyline, Sunburst, & Thornless
Tilia cordata (and Varieties) Little Leaf Linden Redmond,
Tilia americans Greenspire, etc.)
Fraxinus pennsylvania lanceolata Basswood (American Linden)
Ginkgo biloba (male tree only) Green Ash Summit, Marshall's) .
Gymnocladus dioicus Ginkgo
Kentucky Coffee Tree
d) Design.
1. The landscape plan nnast show some form of designed site
amenities, (i.e., composition of plant materials, and/or
creative grading, decorative lighting, exterior sculpture,
etc., which are largely intended for aesthetic purposes).
2. All areas within the property lines (or beyond, if site
grading extends beyond) shall be treated. All exterior
areas not paved or designated as roads, parking, or stor-
age must be planted into ornamental vegetation (lawns,
ground covers, or shrubs) unless otherwise approved by the
Zoning Administrator.
3. Turf slopes in excess of 2:1 are prohibited.
4. All ground areas under the building roof overhang must be
treated with a decorative mulch and/or foundation planting.
5. All buildings must have an exterior water spigot to insure
that landscape maintenance can be accomplished.
e) Landsca e Guarantee. All new plants shall be guaranteed for
two 2 full years from the time planting has been completed.
All plants shall be alive and in satisfactory growth at the end
of the guarantee period or be replaced.
f) Existing Trees. With respect to existing trees in new develop-
ments, all trees on the site are to be saved which do not have
to be removed for street, buildings, utilities, drainage or
active recreational purposes. Trees over six (6) inches in
diameter that are to remain, are to be marked with a red band,
and to be protected with snowfences or other suitable enclosure,
prior to any excavation. The City may further require that the
developer retain a professional forester to prepare a forest
inventory and management plan for the development, in order to
control and abate any existing or potential shade tree disease.
54
4) Mechanical Equipment. The City Council may require all mechanical
equipment such as air conditioning units, etc. erected on the roof of
any structure, to be screened so as not to be visible.
9.II Traffic Visibility. On corner lots in all districts, no structure or plan-
ling in excess of the street center line grade shall be permitted within a
triangular area defined as follovrs: beginning at the intersection of the
projected property lines of two intersecting streets, thence thirty (30)
feet along one property line, thence diagonally to a point thirty (3D) feet
from the point of beginning on the other property line, thence to the
point of beginning.
9.9 Glare. Any lighting used to illuminate an off-street parking area, sign
or other structure, shall b2 arranged as to deflect light away from any
adjoining residential zone or from the public streets. Direct or sky-
reflected glare, where from floodlights or from high temperature proce aes
sucY, as combustion nr welding shall not be directed into any adjoinino
property. The source of lights shall be hooded or controlled in some
manner so as not to light adjacent property. Bare incadescent light bulbs
shall not be permitted ir, vievr of adjacent property or public right-of-way.
Any light or combination of lights which cast light on a public street
shall not exceed one (1) foot candle (meter reading) as measured from the
center line of said street. Any light or combination of lights which cast
light on residential property shall not exceed four (4) foot candles (meter
reading) as measured front said property.
9.10 Smoke. The emission of smoke by any use shall be in compliance with and
regulated by the State of Minnesota Pollution Control Standards, Minnesota
Regulation APC 1-15 as amended.
9.11 Dust and Other Particulated Flatter. The emission of dust, fly ash or
other particulated matter by any use shall be in compliance with and
regulated by the State of Flinnesota Pollution Control Standards, Minnesota
Regulation APC 1-15, as amended.
9.12 Odors. The emissien of odor by any use shall be in compliance with and
regulated by the State of Flinnesota Pollution Control Standards, Minnesota
Regulation APC 1-15, as amended.
9.13 Noise. Noises eriir.ating from any use shall be in compliance with and
regulated by the State of tinnesota Pollution Control Standards, Flinnesota
Regulaticns NPC, as amended.
9.14 Refuse.
1) Passen;e- a~~`~ ire:.. stati~r sa~ons. ar.r trucks nct currently
1lC ^;G <; Y+`,l Cii E!•L' JeCdUSE Cf ~°_Enan iCal d°`7Clf•`•-,.
ll ~c" ~~if _ C~~,DeE ~i~ Lll.r^ i.!".n .r nr~'I; pCa-te^, ~a I`~;e^ 01" StOrE~7 CULSIC.
_ a - u
T Ql• a ~D' - SS ~f11 '~~~1~ Cie V%, a~`G oil r.~tE!"1 t,IS -~G 1"~2
OU±c-i C',r l Olc X70^ OT 111E ~1tV ~'rdllla nC@S ar~~ considered L2iLISE CY"
junk afi (i Silu J :J~ iSp:osed nf.
2) Any accu,~.llation of rc:~use on any pre~~:ises not stored in containers
which co~~,ply vritt~ city code, ar any accumulation of refuse nn any
55
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, Sections 145.22
and 145.23 as may be amended, and the cost of abatement may be
assessed on the property where the nuisance was found, as provided `
by law.
9.15 Exterior Storage. All materials and equipment except as provided for in
Sections 24 through 44 of this Ordinance shall be stored within a building
or fully screened so as not to be visible from adjoining properties, except
for the following:
1} Clothes line pale and wires.
2) Not more than two (2) recreational vehicles and equipment.
3) Construction and landscaping material currently being used on the
premises.
4) Off-street parking of passenger vehicles and trucks not exceeding a
gross weight of 12,000 pounds in residential areas. (Both on and
off-street.)
*5) Except in the A-P and R-A District, no accessory uses or equipment
such as air conditioning cooling structures or condensors 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 a landscape guarantee
as determined by the Zoning Administrator is provided.
c) If abutting an R District, screening and landscaping is pro-
vided in compliance with Section 9.7 of this Ordinance.
d1 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 :`roan the public ?-iht-of-way or
from neighboring re s deuces and shall be in compliance with
Section of this Ordinance.
f) The storage area dies not encroaci~ upon eayuirrd par~~ing space
OY" reC'.llred IOddill(~ SiiaCG d5 rC'O~UiI'e~, .1„' Lill; U'.Yiln<.nCe.
*Amended by Ordinance X237, January 3, 1904 56
9.16 Sewage Disposal.
1) Once available, all on-site sewage disposal systems shall be connected
to the public sanitary system within two years.
2) The installation of on-site sewage treatment systems shall be in
conformance with the provisions of the Lakeville On-Site Sewage
Disposal Ordinance.
9.17 Waste Material. Waste material resulting from or used in industrial or
commercial manufacturing, fabricating, servicing, processing or trimming
shall not be washed into the public storm sewer system nor the sanitary
sewer system or any public water body, but shall be disposed of in a manner
approved by the Minnesota State Fire Marshall, the Pollution Control Agency,
and the Department of Natural Resources.
9.18 Bulk Siorage (Li uid All uses associated with the bulk storage of all
gasoline, liquid fertilizer, chemical, flammable and similar liquids
shall comply with requirements of the Minnesota State Fire Marshall's and
Minnesota Department of Agriculture Offices and have documents from those
offices stating tt~e use is in compliance.
9.19 Radiation Emission. All activities that emit radioactivity shall comply
with the minimum requirements of the Minnesota Pollution Control Agency.
9.20 Electrical Emission. All activities which create electrical emissions
shalt comply with the minimum requirements of the Federal Communications
Commission.
*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 con-
ditional use permit as regulated under the provisions of Section 4 of this
Ordinance.
*Amended by Ordinance #237, January 3, 1984 56A
SECTION 10. NOME OCCUPATIONS
1D.1 Purpose. The purpose of this Section is to prevent competition with busi-
ness districts and to provide a means through the establishment of specific
standards and procedures by which home occupations can be conducted in
residential neighborhoods without jeopardizing the health, safety and gen-
eral welfare of the surrounding neighborhood. In addition, this Section is
intended to provide a mechanism enabliny the distinction between permitted
home occupations and special or customarily "more sensitive" home occupa-
tions, so that permitted horme occupations may be allowed through an admini-
strative process rather than a legislative hearing urocess.
10.2 _Ap_olication. Suhject to the non-conforming use provision of this Section,
all occupations conducted in the home shall comply with the provisions of
this Section. This Section shall not be construed, however, to apply f.o
home occupations accessory to farming.
1D.3 Procedures and Permits.
1} Permitted Home Occupation. Any permitted home occupation as defined
in this Ordinance shall require a "permitted home occupation permit".
Such permits shall be issued subject to the conditions of this Section,
other applicable City Ordinances and State law. This permit may be
issued by the Zoning Administrator or his agent based upon proof of
compliance with the provisions of this Section. Application for the
"permitted home occupation permit" shall be accompanied by a -Fee as
adopted by the City Council. If the Administrator denies a permitted
home occupation permit to an applicant, the applicant may appeal the
decision to the Planning Commission. The Planning Commission shall
make a recommendation to the Council, which shall make the final deci-
sion. The permit shall remain in force and effect until such tune as
there has been a change in conditions or until such time as the pro-
visions of this Section have been breached. At such time as the City
has reason to believe that either event leas taken place, a public
hearing shall be held before the Planning Commission. The City Coun-
cil shall make a final decision on whether or not the permit holder
is entitled to the permit.
2) Special Home Occupation. Any home occupation which does not meet the
specific requirements for a permitted home occupation as defined in
this Section shall require a "special home occupation permit" which
shall be applied for, reviewed and disposed of in accordance with the
provisions of Section 4 of this Ordinance (Conditional Use).
3) Declaration of Conditions. The Planning Commission and City Council
may impose such conditions on the granting of a special home occupa-
tion permit as may be necessary to carry out the purpose and provi-
sions of this Section.
4} Effect of Permit. A "special home occupation permit" may 6e issued
for a period of one (1) year after which the permit may be reissued
for periods of up to three (3) years each. Each application for per-
mit renewal shall, however, be processed in accordance with the pro-
cedural requirements of the initial "special home occupation permit".
c~
5) Transferability. Permits shall not run with the land and shall not be
transferable.
6) La se of S ecial Home Occu ation Permit b Non-Use. Whenever within
one 1 year after granting a permit the use as permitted by the per-
mit shall not have been initiated, then such permit shall become null
and void unless a petition for extension of time in which to complete
the work has been granted by the City Council. Such extension shall
be requested in writing and filed with the Zoning Administrator at
least thirty (30) days before the expiration of the original permit.
There shall be no charge for the filing of such petition. The request
for extension shall state facts showing a good faith attempt to initi-
ate the use. Such petition shall be presented to the Planning Coi*rmis-
sion for a recommendation and to the City Council for a decision.
7) Reconsideration. Whenever an application for a permit has been con-
sidered and denied by the City Council, a similar application for a
permit affecting substantially the same property shall not be consid-
ered again by the Planning Commission or City Council for at least
six {6) months from the date of its denial unless a decision to re-
consider such matter is made by not less than four-fifths (4/5) vote
of the full City Council.
8) Renewal of Permits. An applicant shall not have a vested right to a
permit renewal by reason of having obtained a previous permit. In
applying for and accepting a permit, the permit holder agrees that his
monetary investment in the home occupation will be fully amortized
over the life of the permit and that a permit renewal will not be
needed to amortize the investment. Each application for the renewal
of a permit will be considered de novo without taking into considera-
tion that a previous permit has been granted. The previous granting
or renewal of a permit shall not constitute a precedent or basis for
the renewal of a permit.
10.4 Requirement - General Provisions. All home occupations shall comply with
the following general provisions and according to definition, the applica-
ble requirement provisions.
1) General Provisions.
a) No home occupation shall produce light glare, noise, odor or vi-
bration that will in any way have an objectionable effect upon
adjacent or nearby property.
b) No equipment shall be used in the home occupation which will
create electrical interference to surrounding properties.
c) Any home occupation shall be clearly incidental and secondary to
the residential use of the premises, should not change the resi-
dential character thereof, and shall result in no incompatibility
or disturbance to the surrounding residential uses.
~a
d) No home occupation shall require internal or external alterations
or involve construction features not customarily found in dwell-
ings except where required to comply with local and state fire
and police recommendations.
e) There shall be no exterior storage of equipment or materials used
in the hones occupation, except personal automobiles used in the
home occupation may be parked on thz site.
f) The home occupation shall meet all applicable fire and building
codes.
g) There shall be no exterior display ar exterior signs or interior
display or interior signs which are visible from outside the
dwelling with the exception of directional and identification/
business signs to the extent authorized by the City's Sign
Ordinance.
h) All home occupations shall comply with the provisions of the City
Nuisance Ordinance.
i) No home occupation shall be conducted between the hours of 10:00
P.M. and 7:00 A.M. unless said occupation is contained entirely
within the principal building and will not require any on-street
parking facilities.
2) Requirements - Permitted Nome Occupations.
a) No person other than those who customarily reside on the premises
shall be employed.
b) All permitted home occupations shall he conducted entirely within
the principal dwelling and may not be conducted in accessory
building.
c) Permitted home occupations shall not create a parking demand in
excess of that which can be accommodated in an existing driveway,
where no vehicle is parked closer than fifteen (15) feet from the
curb line or edge of paved surface.
d) Permitted home occupations include and are limited to: art studio,
dressmaking, secretarial services, family day care, foster care,
professional offices and teaching with musical, dancing and other
instructions which consist of no more than one (1) pupil at a
time and similar uses.
e) The home occupation shall not involve any of the following:
repair service or manufacturing which requires equipment other
than found in a dwelling; teaching which customarily consists of
more than one (1) pupil at a time; over-the-counter sale of mer-
chandise produced off the premises, except for those brand name
products that are not marketed and sold in a wholesale or retail
outlet.
*Amended by Ordinance No. 192, August 3, 1981
59
t
3) Requirements - Special Name Occupation.
j
a) No person other than a resident shall conduct the home occupation,
except where the applicant can satisfactorily prove unusual or
unique conditions or need for non-resident assistance and that
this exception would not compromise the intent of this Ordinance.
b) Examples of special home occupations include: barber and beauty
services, day care-group nursery, photography studio, group les-
sons, saw sharpening, small appliances and small engine repair
and the like.
c} The home occupation may involve any of the following: stock-in-
trade incidental to the performance of the service, repair ser-
vice or manufacturing which requires equipment other than custom-
arily found in a home, the teaching with musical, tlancing and
other instruction of more than one (1) pupil at a time.
d) Special home occupations may be allowed to accommodate their
parking demand through utilization of on-street parking. In such
cases where on-street parking facilities are necessary, however,
the City Council shall maintain the right to establish the maxi-
mum number of on-street spaces permitted and increase or decrease
that maximum number when and where changing conditions require
additional review.
10.5 Non-Conforming Use. Existing home occupations lawfully existing on the
date of this Ordinance may continue as non-conforming uses. They shall,
however, be required to obtain permits for their continued operation. Any
existing dome occupation that is discontinued for a period of more than
thirty (30) days, or• is in violation of the Ordinance provisions under
which it was initially established, shall be brought into conformity with
the provisions of this Section.
10.6 Inspection. The City of Lakeville hereby reserves the right upon issuing
any home occupation permit to inspect the premises in which the occupation
is being conducted to insure compliance with the provisions of this Section
or any conditions additionally imposed.
60
SECTION 11. GENERAL YARD, LOT AREA AND BUILDING REGULATIONS
11.1 Purpose. This Section identifies yard, lot area, building size, building
type, and height requirements in each zoning district.
11.2 Useable Open Space. Each multiple family dwelling site shall contain at
least five hundred (500) square feet of useable space as defined in Section
2 of. this Ordinance for each dwelling unit contained thereof.
11.3 Height. The following building height requirements shall apply to residen-
tial, business and industrial districts:
I) Except for farm buildings, no structure in the "A-P", "R-A", "R-1",
"R-2", "R-3", "R-4", "R-5", "R-P1H", "B-1" and "6-2" Districts shall
exceed two and one half (2!2) stories or twenty five (25) feet, which-
ever is least.
2) No structure shall exceed three (3) stories or thirty-five (35} feet,
whichever is least, in the "R-6", "R-7", "R-B", "B-3", "B-4", "CBD-C",
"B-W", ar "F-1" Districts.
3) No structure shall exceed four {4) stories or forty-five (45) feet in
the "CBD-I", "I-2" District.
4) Building heights in excess of these above noted standards may be
permitted through a conditional use permit provided that:
~ a) The site is capable of accommodating the increased intensity of
use.
b) The increased intensity of use does not cause an increase in
traffic volumes beyond the capacity of the surrounding streets.
. c) Public utilities and services are adequate.
d) For each additional story over three {3) stories or for each
additional ten (10) feet above forty {40) feet, front and side
yard setback requirements shall be increased by five (5) percent.
e) The increased height is not in conflict with airport zoning
regulations.
f) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
5) The building height limi~s established herein for districts shall not
a~iply to the follcr<°tnc:
a) belfries
b) Chimneys or' flues
c) Church spires
d) Cooling towers
e) Cupolas and domes whiich do not contain useable space
f) Elevator penthouses
7/18,/80 E' 1
g) Flag poles
h) Monuments
i) Parapet walls extending not more than three (3) feet above the
limiting height of the building
k) Poles, towers and other structures for essential services
1) Necessary mechanical and electrical appurtenances
m) Television and radio antennas not exceeding twenty (20) feet
above roof
n) Farming buildings
*o) Wind energy conversion system towers as regulated by Section
22A of this Ordinance.
6) No excluded roof equipment or structural element extending beyond the
limited height of a building may occupy more than twenty-five (25)
percent of the area of such roof nor exceed ten (10} feet unless
otherwise noted.
**11.4 Building Type and Construction.
1) General Provisions
a) No galvanized or unfinished steel, galvalum or unfinished aluminum
buildings (walls or roofs}, except those specifically intended
to have a corrosive designed finish such as torten steel shall be
permitted in any zoning district, except in association. with farming
activities.
b) Buildings in all zoning districts shall maintain a high standard
of architectural and aesthetic compatibility with surrounding
properties to insure that they will not adversely impact the
property values of the abutting properties or adversely impact
the community's public health, safety, and general welfare.
c) Exterior building finishes shall consist of materials comparable
in grade and quality to the following:
(1) Brick
(2) Natural Stone
(3) Decorative concrete block
(4) Cast in place concrete or precast concrete panels
(5) Wood, provided the surfaces ar-e finished for exterior
use and woad of proven exterior durability is used, such
as cedar, redwood, cypress.
(6) Curtain vrall panels of steel, fiberglass and aluminu=.:,
(nonstructural, nonload bearing), provided such panE7s are
factory fabricated and finished r:~ith a durable nonfade
surface and their- fasteners a.°e of a corrosion resistant
desi_n.
(7) Glass curtain r-:all oan_ls
(,S) Stuc=
*Amer,ded by Ordinance X238, January 16, 1984
**Amended ny Ordinance X248, June 18, i984
62
2) "R", Residential Districts
a) Except in the A-P, R-A and R-1 zoning districts, all accessory
buildings in excess of one hundred fifty (150) square feet that
are accessory to residential dwelling units shall be constructed
with a design consistent with the general character of the principal
structure on the lot.
b) Nonresidential uses allowed in the R districts may have an all
metal or fiberglass accessory building in excess of the one
hundred fifty (150) square feet by conditional use, provided
the building is located in the rear yard and is screened and
landscaped from abutting residentially zoned or used property
and public right-of-ways in accordance with Section 9.7 of this
Ordinance.
3) "B" and "CBD-C", Business Districts and Interstate Corridor District
a) In the "B", "CBD-C" and interstate corridor district, any
exposed metal or fiberglass finish on all buildings shall be
limited to no more than fifty (50) percent of any one wall.
Any metal finish utilized in the building shall be a minimum of
twenty-six (26) guage steel. The roof slope shall be limited
to a maximum of one (1) in twelve (12) slope.
- b) l-or the purpose of this section of the Ordinance, the ICD shall
be expanded to include all lots, parcels and tracts of land
that are dissected by the ICD District Boundary.
4) Industrial Districts
a) In the "Btd" and Industrial Districts, all buildings constructed
of curtain wall panels of finished steel, aluminum or fiberglass
shall be required to be faced with brick, wood, stone, archi-
tectural concrete cast in place or pre-cast concrete panels on
wall surfaces abutting a public right-of-way, residential uses,
or public areas. The required wall surface treatment may allow a
maximum of fifty (50) percent of the metal or fiberglass wall
to remain exposed if it is coordinated into the architectural
design.
b) The City may grant a deferment to a developer of industrial metal
buildings or building additions from the exterior wall design
requirements of Section 11.4 (a) when the building or building
addition will be constructed in more than one phase.
(1) The deferment shall be until the second construction phase
is completed or five (5) years, whichever is less.
(2) The developer shall provide the City with an irrevocable
letter of credit for an amount one and one-half (1%,) the
estimated cost of the required exterior wall treatment. i
The bank and letter of credit shall be subject to the
approval of the City Attorney. The letter of credit shall
secure compliance with this section of the Zoning Ordinance.
5) Exceptions to the provisions of Section 11.4 of this Ordinance may be
granted as a conditional use permit by the City Council, provided
that:
a) The proposed building maintains the quality and value intended
by the Ordinance.
b) The proposed building is compatible and in harn~ny with other
structures within the district.
c} The provisions of Section 4.1 5) of this Ordinance are con-
sidered and-the request is found to comply with these criteria.
*11.5 Yards. Except as provided below, no lot> yard or other open space shall
be reduced in area or dimension so as to make such lot, yard or open space
less than the minimum required by this Ordinance, and if the existing yard
or other open space as existing is less than the minimum required, it shall
not be further reduced. No required open space provided about any building
or structure shall be included as part of any open space required for
another structure.
1) The following shall not be considered as encroachments on yard setback
requirements.
a} Chimneys, flues, leaders, sills, pilasters, lintels, ornamental
features, cornices, eaves, gutters, and the like provided they
do not project more than two (2} feet into a yard.
b) Terraces, steps, uncovered porches, stoops or similar features
provided they do not extend above the height of the ground floor
level of the principal structure or to a distance less than two
(2) feet from any lot line.
c) In rear yards: recreational and laundry drying equipment, arbors,
and trellises, balconies, breezeways, open porches, detached
outdoor living rooms, garages, and air conditioning or heating
equipment, provided they are at a distance of five (5) feet from
the rear lot line.
d) A one story entrance fora detached single family or duplex
dwelling may extend into the front yard setbac~: not exceeding
five (5) feet subject to the approval of a conditonal use permit.
*Amended by Ordinance X275, July 1, 1985 62B
*2) In the case of a residential lot in an R-2, R-3, R-4 and R-5
District backing onto a dedicated limited access highway, a flood
plain, a public park or trail, or other such similar publicly
reserved and development restricted areas (excluding shorelands or
wetlands), the required rear yard setback may be reduced. one foot
far each foot of public space, but in no case shall the rear yard
requirement be reduced more than ten (10) feet.
**3) Required Front Yard Setback Exceptions. In the case of lots platted
prior to 1 January 1985, the required front yard setback as estab-
lished by the respective zoning districts may be reduced, upon the
approval of the Zoning Administrator, to a distance equaling the
average setback of principal buildings within the block frontage in
which the lot is located. In no case shall this distance be less
than fifteen (15) feet, nor shall a principal structure be placed
more than seven (7) feet beyond the setback of any principal structure
on a di rectiy abutting lot. The Zoning Administrator's approval shall
be given as a matter of right if there is compliance with this
Ordinance and any other applicable Ordinance.
**4) Required Side or Rear Yard Reduction. A required yard on a lot may
be reduced by a conditional use permit if the following conditions
are met:
a) The reduction of setback requirements is based upon a specific
need or circumstance which is unique to the property in question
- and which, if approved, will not set a precedent which is contrary
to the intent of this Ordinance.
b) Property line drainage and utility easements as required by the
City's Subdivision Ordinance are provided and no building will
occur upon this reserved space.
c) Will work toward the preservation of trees or unique physical
features of the lot or area.
d) If affecting a north lot line, will not restrict sun access from
the abutting lot.
e) Will not obstruct traffic visibility, cause a public safety
problem and complies with Section 9.8 of this Ordinance.
f) The conditions of Section 4.2.5 of this Ordinance are considered
and satisfactgrily met.
*Amended by Ordinance #275, July 1, 1985
**Amended by Ordinance #281, September- 3, 1985
62C
11.6 Minimum Floor Area Per Dwelling Unit.
1) Single Family Dwelling Units. Except as otherwise specified in the
zoning district provisions. Single family homes as classified below
shall have the following minimum floor areas per unit.
Two Bedroom 960 square feet above grade
Three Bedroom 1040 square feet above grade
2) Multiple Dwelling Units. Except for elderly housing, living units
classified as multiple dwelling shall have the following minimum floor
areas per unit:
Efficiency Units 500 square feet
One Bedroom Units 700 square feet
Two Bedroom Units 8D0 square feet
More than two bedroom units -
an additional 80 square feet
for each additional bedroom.
3) Elderly (Senior Citizen) Housing. Living units classified as elderly
senior citizen housing units shall have the following minimum floor
areas per unit:
Efficiency Units 440 square feet
One Bedroom 520 square feet
*4) -Double Bungalows Quadraminiums and Townhouses. Except as otherwise
specified in the zoning district provisions, double bungalows, quadra-
' miniums and townhouses, as classified below, shall have the minimum
floor area per one bedroom unit.
Double Bungalow 650 square feet first floor above
grade, plus 100 additional square
feet for each additional bedroom
Quadraminiums 600 square feet first floor above
and Townhouses grade, plus 100 additional square
feet for each additional bedroom
11.7 Efficiency Apartments. Except for elderly (senior citizen) housing, the
number of efficiency apartments in a multiple dwelling shall not excee~~
twenty-five (25) percent of the total number of apartments. In the case
of elderly (senior citizen) housing, efficiency apartments shall not
exceed thirty (30) percent of the total number of apartments.
11.8 Minimum Floor Area - Corninercial and Industrial Structures. Commercial and
industrial buildings principal structure having less than one thousand
(1,ODD) square feet of floor area may only be allowed upon approval of a
conditional use permit as provided for in Section 4 of this Ordinance.
*Amended by Ordinance X184, May 4, 1981 6
11.9 Minimum Lot Area Per Unit. (The lot area per unit requirement for two
family, townhouses, apartments and planned unit developments shall be cal-
culated on the basis of the total area in the project and as controlled by
an individual and joint ownership).
One Family (as specified in zoning district provisions).
Two family 7,500 square feet
Townhoue & Quadraminium 5,000 square feet
Multiple family 2,500 square feet
Elderly Housing 500 square feet
*11.10 Townhouse Quadraminium, Apartments.
1} No single townhouse structure shall contain more than eight (8)
dwelling units.
2) Minimum unit lot frontage for townhouses shall be not less than
twenty (20) feet.
3) Townhouses, quadraminiums, and apartments intended for owner
occupancy shall be subdivided on an individual unit basis accord-
ing to the provisions of Section 6.2 (5) (c) of this Ordinance.
*11.11 Subdivision of Two Family or Quadraminium Lots. The subdivision of base
lots containing two family dwellings or quadraminiums to permit individual
private ownership of a single dwelling within such a structure is accep-
tabl~ upon the approval by the City Council. Approval of a subdivision
request is contingent on the following requirements:
1) Prior to a two family dwelling or a quadraminium subdivision, the base
lot must meet all the requirements of the zoning district.
2) The following are minimum unit lot requirements for two family dweling
and quadraminium subdivisions where the City sewer or water systems
are available.
Lot Area Per
Dwelling Unit (Sq. Ft.)
Two Family Dwelling Quadraminium Lot Width Front Yard Rear Yard
7,500* 5,000 50' 30' 30'
Side Yard
Adjacent to Adjacent to
Another lot Street
**10' 20'
* No multiple dwelling is permitted without public sewer and water.
Side yard setback is not applicable where structure has a shared
wall(s) as in the case of two family dwellings and quadraminiums.
*Amended by Ordinance =184, May 4, 1981 64
3) There shall be no more than one (1) principal structure on a base
lot in all residential districts. The principal structure on unit lot
created in a two family or quadraminium subdivision will be the portion
of the attached dwelling existing or constructed on the platted unit
lots.
4) Permitted accessary uses as defined by the zoning districts are accep-
table provided they meet all the zoning requirements.
5) A property maintenance agreement must be arranged by the applicant and
submitted to the City Attorney for his review and subject to approval.
The agreement shall ensure the maintenance and upkeep of the structure
and the lots to meet minimum City standards. The agreement is to be
filed with the Dakota County Recorder's office as a deed restriction
against the title of each unit lot.
6) Separate public utility service shall be provided to each subdivided
unit and shall be subject to the review and approval of the City
Engineer.
7) The subdivision is to be platted and recorded in conformance to re-
quirements of the Lakeville Subdivision Ordinance.
*11.12 Minimum Lot Area, Unsewered Lots. Lot sizes where public sewer is not
available shall conform to the minimum requirements set forth below.
*1) The minimum single family lot size is ten (10) acres. This minimum
lot size shall not apply to smaller separate parcels of record in
separate ownership lawfully existing prior to 7 November 1977 pro-
vided that it can be demonstrated by means satisfactory to the City
that the smaller parcels will not result in groundwater, soil or
other contamination which may endanger the public health. Habitable
single family homes constructed prior to 7 November 1977 may reduce
their lot size to a minimum of one acre or larger if the property
divided off will result in a parcel of ten (10) acres or more if it
can be demonstrated by means satisfactory to the City that the
division will not result in groundwater, sell or other contamination
which may endanger the public health.
2) Apartments and multiple family dwellings are not allowable uses.
**3) Subject to the other provisions of the Zoning Ordinance other uses may
be permitted by conditional use permit. The minimum lot size for each
principal use is ten (10) acres. This minimum lot size shall not apply
to smaller separate parcels of record in separate ownership lawfully
existing prior to 7 November 1977, provided the conditions of the con-
ditional use pe rn:it are met.
A conditional use permit shall not be granted unless 9t can be demon-
strated by means satisfactory to the City that the use; (a) will not
result in groundwater, soil or other contamination which may endanger
the public health, (b) ~~:ill not increase future City utility service
demands and expense, and (c) will not jeopardize public safety and
general welfare.
7/la/ao
*Amended by Ordinance No. 20•?. ~.~~.c 1482
**Amended by Ordinance No. 276, A,,u~~,'. i9, 1985
*11.13 Single Family Dwellings. All single family detached homes except in the
R-MH District shall:
1) Be constructed upon a continuous perimeter foundation that meets
the requirements of the State Uniform Building Code.
2) Not be less than thirty (30) feet in length and not less than twenty-
two (22) feet in width over that entire minimum length. Width measure-
ments shall not take account of overhang and other projections beyond
the principal walls. Dwellings shall also meet the minimum floor area
requirements as set out in this Ordinance.
3) Have an earth covered, composition, shingled or tiled roof.
4} Receive a buildino permit. The application fora building permit in
addition to other information required shall indicate the height, size,
design and the appearance of a71 elevations of the proposed building and
a description of the construction materials proposed to be used. The
exterior architectural design of a proposed dwelling may not be so at
variance with, nor so similar to, the exterior architectural design of
any structure or structures already constructed or in the course of
construction in the inunediate neighborhood, nor so at variance with
the character of the surrounding neighborhood as to cause a significant
depreciation in the property values of the neighborhood or adversely
affect the public health, safety or general welfare.
5) Comply with Title 9, Chapter 2 of the City Code and receive a conditional
use permit if a dwelling proposed to be moved into the City or to be
relocated within the City has been previously occupied as a dwelling.
6) Meet the requirements of the State Uniform Building Code or the applicable
manufactured housing code.
**11.14 Trash Handling Equipment. In the R-5, R-6 and R-7 zoning districts, all trash
handling equipment including but not limited to garbage cans and dumpsters
shall be stored within the principal structure, within an accessory build-
ing, or totally screened from eye-level view. Screening shall be at least
six feet in height and provide a minimun~ opaqueness of eighty (8C) percent.
Accessory buildings shall comply with minimwn setback requirements. All
dumpsters and trash handling equipment shall be kept in a good state of
repair vaith tight-fitting lids to prevent spilling cf debris. Uses exist-
ing on the effective date of this Ordinance shall come into compliance
vrithiri one (1) year.
*Amended by Ordinance No. 215, January 3, 1933 65A
`i **Amended by Ordinance No. 234, November 7, 1933
SECTION 12. OFF-STREET PARKING REQUIREMENTS
a
I2.1 Purpose. The regulation of off-street parking spaces in these zoning
regulations is to alleviate or prevent congestion of the public right-of-
way and to promote the safety and general welfare of the public, by estab-
lishing minimum requirements for off-street parking of motor vehicles in
accordance with the utilization of various parcels of land or structures.
12.2 Application of Off-Street Parking Regulations. The regulations and require-
ments set forth herein shall apply to all off-street parking facilities in
all of the zoning districts of the City.
12.3 Site Plan Drawing Necessary. All applications fora building or an occu-
pancy permit in all zoning districts shall be accompanied by a site plan
drawn to scale and dimensioned indicating the location of off-street
parking and loading spaces in compliance witFi the requirements set forth
in this Section. All site plans for single family homes must provide for
location of a two (2) stall garage, whether or not construction is intended.
12.4 General Provisions.
1) Floor Area. The term "floor area" far the purpose of calculating the
number of off-street parking spaces required shall be determined on
the basis of the exterior floor area dimensions of the buildings,
structure or use times the number of floors, minus ten (10) percent,
except as may hereinafter be provided or modified.
2) Reduction of Existing Off-Street Parking Space or Lot Area. Off-
Street parking spaces and loading spaces or lot area existing upon
the effective date of this Ordinance shall not be reduced in number
or size unless said number or size exceeds the requirements set forth
herein for a similar new use.
3) flon-Conforming Structures. Should a non-conforming structure or use
be damaged or destroyed by fire, it may be re-established if elsewhere
permitted in these zoning regulations, except that in doing so, any
off-street parking or loading space which existed before shall 6e
retained.
4) Change of Use or Occupancy of Land. No change of use or occupancy
of -hand areal dy dedicated to a parking area, parking spaces, or
leading spaces shall be made, nor shall any sale of land, division or
subdivision of land be made vrfrich reduces area necessary for parking,
parking stalls, or parking requirements below the minimun prescribed
by these zoning regulations.
F) Change of Use er Occuo&rcv of 5u_i_ldings. Any change of use or occupan-
cy of any b~.~iidiny or buildinr_ ir.ciuding ad;litions thereto requiring;
no re parkinc area shall nit be r~2r~.:itted u;~tii there is furnish~u
such additional parking spaces as required by these zonine regulations.
6) On and off-street parking facilities accessory to residential use shall
be utilized solely for the parking of licensed and operable passenger
automobiles; no more than one (1) truck not to exceed gross capacity
7/18/80 66
of twelve thousand (12,000) pounds; and recreational vehicles and
equipment. Under no circumstances shall required parking facilities
accessory to residential structures be used far the storage of com-
mercial vehicles or equipment or for the parking of automobiles be-
longing to the employees, ov+ners, tenants, or customers of business
or manufacturing establishments.
7) Calculating Space.
a) 4lhen determining the number of off-street parking spaces results
in a fraction, each fraction of one-half ('z) or more shall con-
stitute another space.
b) In stadiums, sports arenas, churches and other places of public
assembly in which patrons or spectators occupy benches, pews or
other similar seating facilities, each twenty-two (22) inches
of such seating facilities shall be counted as one (1) seat for
the purpose of determining requirements.
c) Except as provided for under joint parking and shopping centers,
should a structure contain two (2) or more types of use, each
use shall be calculated separately for determining the total off-
street parking spaces required.
8) Stall, Aisle and Driveway Design.
a) Parking Space Size. Each parking space shall be not less than
eight and one-half {8~) feet wide and twenty (20) feet in length
exclusive of access aisles, and each space shall be served ade-
quately by access aisles.
b) Within Structures. The off-street parking requirements may be
furnished by providing a space so designed within the principal
building or one (1) structure attached thereto; however, unless
provisions are made, no building permit shall be issued to
convert said parking structure into a dwelling unit or living
area or other activity until other adequate provisions are made
to comply with the required off-street parking provisions of this
Ordinance.
c) Except in the case of single, two family, townhouse and quadra-
minium dwellings, parkiny areas shall be designed so that circu-
lation between parking bays or aisles occurs within the designa-
ted parkiny lot and does not depend upon a public street or alley.
Except in the case of single, two family, townhouse and quadra-
minium dwellings, parking area design which requires backing into
the public street is prohibited.
d) The required parking spaces serving one and two family dwellings
may he designed for parking not more than two (2) vehicles in
a tandem arrangement for each dwelling unit in order to comply
vrith the requirements of this Ordinance.
7/18/80 67
e) No curb cut access shall be located less than forty (4D) feet
from the intersection of two (2) or more street rights-of-way.
This distance shall be measured from the intersection of lot
lines.
f) Except in the case of single family, two family, townhouse and
quadraminium dwellings, parking areas and their aisles shall be
developed in compliance with the standards on the following page.
g) PJo curb cut access shall exceed twenty-four {24) feet in width
unless approved by the City Engineer.
h) Except with special approval from the Zoning Administrator curb
cut openings shall be a minimum of five (5) feet from the side
yard property line in all districts.
i) Driveway access curb openings on a public street except for
single, two-family, quadraminium and townhouse dwellings shall
not be located less than forty (40) feet from one another.
j) The grade elevation of any parkiny area shall not exceed five (5)
percent.
k) Each property shall be allowed one (i) curb cut access for each
one hundred twenty-five (125) feet of street frontage. All
property shall be entitled to at least one (1) curb cut. Single
family uses shall be limited to one (1) curb cut access per
property unless a conditional use permit is reviewed by the
Planning Commission and approved. by the City Council.
1) Surfacing. A77 areas intended to be utilized for parking space
and driveways shall be surfaced with materials suitable to con-
trol dust and drainage. Except in the case of farm dwellings
and operations, driveways and stalls shall be surfaced. Plans
for surfacing and drainaae of driveways and stalls for five (5)
or more vehicles shall be submitted to the City Engineer for
his review and the final drainage plan shall be subject to his
written approval.
m) Striping. Except for single, two-family, townhouse, and quadra-
miniums, all parking stalls shall be marked with white or yellow
painted lines not less than four (4) inches wide.
n) Lighting. Any Tighting used to illuminate an off-street parkiny
area shall be hooded and so arranged as to reflect the light
away from adjoinirry property, abutting residential uses and
public rights-of-way and be in compliance with Section 9.9 of
this Ordinance.
o) Curbing and Landscaping. Except for single, two-family, town-
house and quadraminiums, all open off-street parking shall have
a perimeter curb barrier around the entire parking lot, said
curb barrier shall not be closer than five (5) feet to any lot
line. Grass, plantings or screening shall be provided in all
areas bordering the parking area.
7/18/80 68
PARKING LOT DIMENSIONS TABLE ~C
Cur Cur
Angle of Stall Length Stall Aisle Angle of Stall Length Stoll Aisle
P°rk ing Width Per Car De th Width Parking Width Per Car Depth Width
8'6" 23,0" 8'6" 12'0" 8'6" 11,2" 20,0" 12'6"
0° 9,°~~ 23~~„ 9'6" 12,~~, $0° y,b~, 125„ za,y~, 12~~.~
lo'o^ z3'o^ lo'o" Iro" lo•a^ 13'r' zro^ 12'0^
8'6" 24'11" 14'6" 11'0" 8'6" 9'10° 20'9" 18'6°
Za° 9'6" 27'10,. 15~6~~ 1~.0.~ f10° 9'b" 1~'0'' 21'9" 18~~~~
10'0" 29'3" 15'11" 11'0" 10'0" 11'6" 21'6" 18'0"
8'6" 17'0" 16'11" 11'0" 8'6" 9'0" 20'10" 19'6"
9'0" 18'0" 17,4„ 11,0„ 0 9'0" 9'8" 21'0" 19'0"
30° 9'6" 19'0" 17'10" 11,0'• 70 9'6" 10'2•' 21'3" 18'6"
1D'0" 20'0" 18'3" 11'0" 10'0" 10'8" 21'3" 18'0"
8'6" 13'3" 18'9" 12.0" B'6" 8'8" 20.3" 24'0"
40° 9 0 la o 19 z lro" ~Qa 9'0" 9'2° zo'a" za'o°
9'6" 14'10" 19'6" 12'0" 9'6" 9'8" 20'5" 24'0"
10'0" 15'8" 19'11" 12'0" 10'0" 10'3" 20'6" 24'0"
B'6" 12,0„ 19,5„ 13,6" 8'6" 8'6" 20'0" 24'0"
9'0" 12'9" 19'10" 13'0" 9'0" 9'0" 20'0" 22'0"
45° 9'6" 13'5" 20'2" 13'0" 90° 9'6" 9'6" 20,0" 22'0"
10'0" 14'2" 20'6" 13'0" 10'0" 10'0" 20'0" 22'0"
?t: This toble pertains fo a wall to wall situa}ion. In calculating dimensions, two (2) feet may be subtracted
from each stall depth for each overhang and overlap. No subtratfion for overlap is allowed for angles greater
than sixty (60°) degrees.
Z
o ~ a
e Curb length per car ~ II U o_
b Stall width d ~9-+{ 9
II I h-,-
C Angle of parking ~ ~ ~ ~
d Stall depth - ~ ~ ~ {
~ ~ ~ \
~ \ r \ i n`
Aisle width ~ i ~ \
~ ~
15tall length ~ ~ ~ ` `
~ ~ ~ ~
~ ~a ~ i ~ ~
g Overtop ~ ~
i ~
~ i ~
h Overha rg ~ ~ ~ I
7/18/80 69
1
p) Required Screening. All open, non-residential, off-street
parking areas of five (5) or more spaces shall be screened and
landscaped from abutting or surroundingg residential districts
in compliance with Section 9.7 and 9'.8 of this Ordinance..
12.5 P1aintenance. It shall be the joint and several responsibility of the
lessee and owner of the principal use, uses or building to maintain in
a neat and adequate manner, the parking space, accessways, striping,
landscaping, and required fences.
12.6 location. All accessory off-street parking facilities required by this
Ordinance shall be located and restricted as follows:
1) Required accessory off-street parking shall be on the same lot under
the same ownership as the principal use being served, except under the
provisions of Sections 7.9 and 7.10.
2) Except for single, two family, townhouse and quadraminium dwellings,
head-in parking, directly off of and adjacent to a public street,
with each stall having its own direct access to the public street,
shall be prohibited.
3) There shall he no off-street parking within fifteen {15) feet of any
street surface.
4) The boulevard portion of the street right-of-way shall not be used
for parking.
5) Setback Area. Required accessory off-street parking shall not be
provided in required front yards or in side yards in the case of a
corner lot, in A-P, R-A, R-1, R-2, R-3, R-4, R-5, R-B and 8-1 Districts.
6) In the case of single family, two family, townhouse and quadraminium
dwel]ings parking shall be prohibited in any portion of the front
yard except designated driveways leading directly in any portion
of the front yard except designated driveways leading directly into
a garage or one (1) open, surfaced space located on the side of a
driveway, away from the principal use. Said extra space shall be
surfaced with concrete or bituminous material.
12.7 Use of Required Area. Required accessory off-street parking spaces in any
district shall not be utilized for open storage, sale or rental of goods,
storage of inoperable vehicles as regulated by Section 9.15 of this Or-
dinance, and/or storage of snow.
12.8 Number of Spaces Required. The following minimum number of off-street
parking spaces shall be provided and maintained by ownership, easement and/
or lease for and during the life of the respective uses hereinafter set
forth:
1) Single Family, Two Family, Townhouse and Quadraminium Units. Two (2)
spaces per unit.
7/18/80
5/4/81 70
2) Boarding House. At least one {1) parking space for each person for
whom accommodations are provided for sleeping.
3) Multiple Family Dwellings. At least two (2) rent free spaces per
unit.
4) M11otels, t•1otor Hotels Hotels. One (1) space per each rental unit
plus one 1 space for each ten (10) units and one (1) space for each
employee on any shift.
5) School, Elementary and Junior High. At least one (1) parking space
for each classroom plus one (1) additional space for each fifty (50)
student capacity.
6) School Hi h School through Colle e and Private and Da or Church Schools.
At least one 1 parking space for each seven 7 students based on
design capacity plus one (1) for each three (3) classrooms.
7) Church, Theatre, Auditorium. At least one (1) parking space for each
four 4 seats based on the design capacity of the main assembly hall.
Facilities as may be provided in conjunction with such buildings or
uses shall be subject to additional requirements which are imposed by
this Ordinance.
8) Private Athletic Stadiums. At least one (1) parking space for each
eight 8 seats of design capacity.
9) Communit Centers Health Studios Lihraries, Private Clubs, Lod es,
Museums, Art Galleries. Ten (10 spaces plus one 1 for each one
hundred fifty 150 square feet in excess of two thousand (2,000)
square feet of floor area in the principal structure.
10) Sanitariums, Convalescent Home Rest Home Nursin Home or Da I;urseries.
Four 4 spaces plus one 1 for each three 3 beds for which accom-
modations are offered.
11) Elderly (Senior Citizen) Housing. Reservation of area equal to one
1 parking space per unit. Initial development is, however, required
of only one-half (2) space per unit and said number of spaces can
continue until such time as the City Council considers a need for
additional parking spaces has been demonstrated.
12) Drive-In Establishment and Convenience Food. At least one (1) parking
space for each fifteen 15 square feet of gross floor area, but not
Tess than fifteen (15) spaces.
13) Office 6uildin s, Animal fios itals Professional Offices and Medical
Clinics. Three (3 spaces plus at least one 1 space for each two
hundred (200) square feet of floor area.
14) Bowling Alley. At least five (5) parking spaces for each alley, plus
additional spaces as may be requir°ed herein for related uses contained
within the principal structure.
7/18/80 71
15) Ptotor Fuel Station. At least four (4) off-street parking spaces plus
two 2 off-street parking spaces for each service stall. Those
facilities designed for sale of other items than strictly automotive
products, parts or service shall be required to provide additional
parking in compliance with other applicable sections of this Ordinance.
16) Retail Store and Service Establishment. At least one (1) off-street
parking space for each two hundred 200) square feet of floor area.
17) Retail Sales and Service Business vrith Fifty (50) Percent or More of
Gross Floor Area Devoted to Storage, Warehouses and/or Industry. At
least eight (8} spaces or one (1) space for each two hundred (200)
square feet devoted to public sales or service plus one (1) space
for each five hundred (500) square feet of storage area; or at least
eight (S) spaces or one (1) space for each employee on the maximum
shift whichever is appropriate..
18) Restaurants, Cafes, Private Clubs Servin Food and/or Drinks, Bars,
On-Sale Nightclubs. At least one 1 space for each forty 40 square
feet of gross floor area of dining and bar area and one (1) space for
each eighty (80) square feet of kitchen area.
19) Undertaking Establishments. At least twenty (20) parking spaces for
each chapel or parlor, plus one (1) parking space for each funeral
vehicle maintained on the premises. Aisle space shall also be pro-
vided off the street for making up a funeral procession.
20) Auto Re air, f1a'or Bus Terminal, Taxi Terminal, Boats and Marine Sales
and Repair, Bottling Company, Shop for a Trade Employing Six 6 or
Less Peo le, Garden Su 1 Store Buildin Material Sales in Structure.
Eight 8 off-street parking spaces, plus one 1 additional space for
each eight hundred (800) square feet of floor area over one thousand
(1;000) square feet.
21) Private Skatin Rink, Dance Hall or Public Auction House. Twenty
20 off-street parking spaces, plus one 1 additional off-street
parking space for each two hundred (200) square feet of floor space
over° two thousand (2,000) square feet.
22) Golf Drivin Ran e Pliniature Golf, Archer Ran e. Ten (10) off-street
parking spaces plus one 1 for each one hundred (100) square feet of
floor space.
23) 14anufacturin Fabricatin or Processing of a Product or h1aterial. One
1 space for each three hundred fifty 350 square feet of floor area,
plus one (1) space for each company owned truck (if not stored inside
principal building).
24) Warehousing, Storage or Handling of Bulk Goods. That space v+hich is
solely used as office shall comply with the office use requirements
and one (1) space per each one thousand (1,000) square feet of floor
area, plus one (1) space for each employee on maximum shift and one
(1) space for each company ovrned truck (if not stored inside princi-
pal building).
7/18/SO 72
25) Car Wash. (In addition to required magazining or stacking space)
a) Automatic Drive Throu h Serviced. A minimum of ten {10) spaces,
or one 1 space for each employee on the maximum shift, which-
ever is greater.
b} Self-Service. A minimum of two (2) spaces.
c) Motor Fuel Station Car Wash. Zero in addition that required for
the station.
26) Sho in Centers. Five and one-half (52) spaces per each one thousand
1,000 square feet of grass leasable floor area (exclusive of common
areas).
27) Private Racketball. Handball and Tennis Courts. Not less than six (6)
spaces per each court.
28) Other Uses. Other uses not specifically mentioned herein shall be
determined on an individual basis by the City Council. Factors to be
considered in such determination shall include (without limitation)
size of building, type of use, number of employees, expected volume
and turnover of customer traffic and expected frequency and number of
delivery or service vehicles.
12.9 Joint Facilities.
1) The City Council may, after receiving a report and recommendations
from the Planning Commission, approve a conditional use permit for
one (1) or more businesses to provide the required off-street parking
facilities by joint use of one (1) or more sites where the total
number of spaces provided are less than the sum of the to tai required
•for each business should they provide them separately. When consid-
ering a request for such a permit, the Planning Commission shall not
recommend that such permit be granted nor the Council approve such
a permit except when the following conditions are found to exist:
a) Up to fifty (50) percent of the parking facilities required for
a theatre, bowling alley, dance hall, bar or restaurant may be
supplied by the off-street parking facilities rovided by types
of uses specified as primarily daytime uses in ~d) below.
b) Up to fifty (50) percent of the off-street parking facilities
required for any use specified under (d) below as primary day-
time uses may be supplied by the parking facilities provided by
the following night time or Sunday uses; auditoriums incidental
to a public or parochial school, churches, bowling alleys, dance
halls, theatres, bars, apartments, or restaurants.
c) Up to eighty (80) percent of the parking facilities required by
this Section for a church of for an auditorium incidental to
a public or parochial school may be supplied by the off-street
parking facilities provided by uses specified under (d) below
as primarily daytime uses.
7/18/80
5/4/81
73
d) For the purpose of this section the following uses are considered
as primarily daytime uses: banks, business offices, retail stores,
personal service shops, household equipment or furniture shops,
clothing or shoe repair or service shops, manufacturing wholesale
and similar uses.
e) Conditions required for joint use:
1. The building or use for which application is being made to
utilize the off-street parking facilities provided by ano-
ther building or use shall be located within three hundred
(300) feet of such parking facilities.
2. The application shall s!'~ow that there is no substantial
conflict in the principal ope;•ating hours of the two (2)
buildings or uses (for which joint use of .off-street
parking facilities is proposed.)
3. A properly drawn legal instrument, executed by the parties
concerned for joint use of off-street parking facilities,
duly approved as to fo rni and manner of execution by the
City Attorney, shall be filed with the City Clerk and
recorded with the Dakota County Recorder.
12.10 Off-Site Parking.
1) Any off-site parking which is used to meet the requirements of this
Ordinance shall be a conditional use as regulated by Section 4 of
this Ordinance and shall be subject to the conditions listed below.
2) Off-site parking shall be developed and maintained in compliance with
all requirements and standards of this Ordinance.
3) Reasonable access from off-site parking facilities to the use being
served shall be provided.
4) Except as provided below, the site used for meeting the off-site
parking requirements of this Ordinance shall be under the same owner-
ship as the principal use being served or under public ownership.
5) Off-site parking for multiple family dwellings shall not be located
more than one hundred (100) feet from any normally used entrance of
the principal use served.
6) Except as provided below, off-site parking for non-residential uses
shall not 6e located more than five hundred (500) feet from the main
public entrance of the principal use being served.
7) Any use which depends upon off-site parking to meet the requirements
of this Ordinance shall maintain ownership and parking utilization
of the off-site location until such time as on-site parking is pro-
vided or a site in closer proximity to the principal use is acquired
and developed for parking.
7/18/80 74
8) Compliance with off-street parking requirements provided through
leased off-street parking may be approved 6y the City Council, subject
to the following additional conditions.
a) The lease shall specify the total number and location of parking
spaces under contract and this number, when added to any on-site
parking provided, must be equal to the total number of parking
spaces required.
b) The lease instrument shall legally bind all parties to the lease
and provide for amendment or cancellation only upon written
approval from the City of Lakeville.
c) The lease agreement shall incorporate any other provisions, as
recommended 6y the Lakeville City Attorney that are deemed
necessary to ensure compliance with the intent of this Ordinance.
7/18/80 75
SECTION 13. OFF-STREET LOADING
13.1 Purpose. The regulation of loading spaces in these zoning regulations is
to alleviate or prevent congestion of the public right-of-way and so to
promote the safety and general welfare of the public, by establishing
minimum requirements for off-street loading and unloading from motor vehi-
cles in accordance with the utilization of various parcels of land or
structures.
13.2 Location.
1) All required loading berths shall be off-street and located on the
same lot as the building or use to be served.
2) All loading berth curb cuts shall be located at minimum fifty (50)
feet from the intersection of two (2) or more street rights-of-way.
This distance shall be measured from the property line.
3) Except for loading berths required for multiple family dwellings, no
loading berth shall be located closer than fifty (50) feet from a
residential district unless within a structure.
4) Loading berths shall not occupy the required front yard setbacks.
5) Loading berths located at the front or at the side of buildings on a
corner lot shall require a conditional use permit.
a} Loading berths shall not conflict with pedestrian movement.
b) Loading berths shall not obstruct the view of the public right-
of-way from off-street parking access.
c) Loading berths shall comply with all other requirements of this
Section.
6) Each loading berth shall be located with appropriate means of vehicu-
lar access to a street or public alley in a manner which will cause
the least interference with traffic.
13.3 Surfacing. All loading berths and accessways shall be improved to control
the dust and drainage according to a plan submitted to and subject to the
approval of the City Engineer.
13.4 Accessory Use Parking and Storage. Any space allocated as a required
loading berth or access drive so as to comply with the terms of these
zoning regulations shall not be used for the .storage of goods, inoperable
vehicles or snow and shall not be included as part of the space require-
ments to meet the off-street area.
13.5 Screening. Except in the case of multiple dwellings all loading areas
shall be screened and landscaped from abutting and surrounding residential
uses in compliance with Section 9.8 of this Ordinance.
7/18/80 78
13.6 Size. Unless otherwise specified in these zoning regulations the first
loading berth shall be not less than seventy (70) feet in length and addi-
tional berths required shall be not less than thirty {30) feet in length
and all loading berths shall be not less than ten (10) feet in ~,~idth and
fourteen (14) feet in height, exclusive of aisle and manuevering space.
13.7 Number of Loading Berths Required. The number of required off-street
loading berths shall be as follows:
1) Non-Residential Buildin sand Uses. For each building containing less
than one hundred thousand 100,000) square feet, one (1) loading berth
and one (1) additional berth for each additional one hundred thousand
(100,00D) square feet or fraction thereof.
2} Multiple-Famil Dwellin Where such building has ten (10) or more
dwelling units, one 1 loading berth per structure.
13.8 Off-Street Loading Required. Any structure erected or substantially al-
tered for a use which requires the receipt or distribution of materials
or merchandise by trucks or similar vehicles, shall provide off-street
loading space as required fora new structure.
7/18/80 79
i
*SECTION 14
SECTIOtJ 15. LAND RECLAMATION AND MINING
15.1 Permits Required. No person, firm, corporation or association of persons
shall within the City of Lakeville, fill, excavate, dig or grade the sur-
face of the earth nor open any pits or excavated areas in the earth nor
do any other acts where it will raise or lower the grade of any. land,
except as provided for in and in conformance with the Lakeville Mining
Ordinance tdumber 118, as may be amended. All applications for land reclam-
ation or mining shall require a conditional use permit under the provisions
of Section 4 of this Ordinance.
SECTION 16. SIGNS
16.1 All signs shall be erected in conformance with the. provisions of the Lake-
ville Sign Ordinance.
SECTION 17. AIRPORT ZOWIIVG
17.1 Airport development and operation as well as applicable surrounding and
adjacent development and use shall be regulated subject to Minnesota
Statutes Chapter 360, as may be amended.
*Deleted by Ordinance No. 215, January 3, 1983 80
SECTION 18. ESSENTIAL SERVICES
18.1 Purpose. The purpose of this Section is to provide for the installation
of essential services such as telephone lines, pipelines, electric trans-
mission lines and substations in such a manner that the health, safety
and welfare of the City will not he adversely affected. Essential ser-
vices should also be installed in cognizance of existing and projected
demands for such services.
18.2 All underground telephone lines, pipelines for local distribution, under-
ground electric transmission lines, and overhead electric transmission
lines and substations less than 33 KU, when installed in any public right-
of-way in any zoning district, shall require a special permit approved by
the City Engineer.
18.3 All underground telephone lines, pipelines for local distribution, ~.rnder-
ground electric transmission lines, and overhead electric transmission
lines less than 33 KV, which are intended to serve more than one parcel
and are proposed to be installed at locations other tYran in public right-
of-way, shall require a special permit issued by the City after approval
by the City Engineer. Approval by the City Engineer shall be based upon
the information furnished in the following procedural requirements:
1} Prior to the installation of any of the previous essen±ial services,
the owner of such service shall file with the Zoning Administrator,
all maps and other pertinent information ss deemed necessary for the
City Engineer to review the proposed project.
2) The Zoning Administrator sha]1 transmit the map and accompanying in-
formation to the City Engineer for its review and approval regarding
the project's relationship to the Comprehensive Plan and/or Ordinances
and parts thereof.
3) The City Engineer shall report in o-rriting to the Zoning Administrator
its findings as to the compliance of the proposed project with .the
Comprehensive Plan and ordinances of the City.
4) In considering applications for the placement of essential services,
as regulated in this Section, the aforesaid City staff shall consider
the effect of the proposed project upon the health, safety and general
welfare of the City, as existing and as anticipated; and the effect
of the proposed project upon the Comprehensive Plan.
5) Upon receiving the approval of the City Engineer, the Zoning Adminis-
trator shall issue a special permit for the installation and operation
of the applicant's essential services. If the Engineer's report
recommends the denial of said permit causing the Zoning Administrator
to deny its issuance, the applicant may appeal said decision to the
Board of Appeals and Adjustments under the rules and procedures as
set forth in Section 5 of this Ordinance.
18.4 All transmission pipelines (i.e. pipelines not required for local distribu-
ting network), and overhead transmission and suhstation lines in excess
of 33 KV shall be a conditional use in all districts subject to the follow-
ing procedural requirements:
81
1) Prior to the installation of any of the previous essential services,
the owner of such service shall file with the Zoning Administrator,
all maps and other pertinent information as deemed necessary for
the Planning Commission to review the proposed project.
2) The Zoning Administrator shall transmit the map and accompanying
information to the Planning Commission for its review and recommenda-
tions regarding the project's relationship to the Comprehensive Plan
and parts thereof.
3) The Planning Commission shall hold the necessary public hearings as
prescribed by the Ordinance for Conditional Use.
4) The Planning Commission shall report in vrriting to the City Council
its findings as to compliance of the proposed pra,ject with the
Comprehensive Plan.
5) In considering the applications for the placement of essential ser-
vices, as regulated by this subdivision, the City Council shall con-
sider the advice and recommendations of the Planning Commission and
the effect of the proposed project upon the health, safety and general
welfare of the City, existing and anticipated; and the effect of the
proposed project upon the Comprehensive Plan.
82
SECTION 19. MODEL HOMES
19.1 Purpose. The purpose of this Section is to provide for the erection of
model homes in new subdivisions without adversely affecting the character
of surrounding residential neighborhoods or creating a general nuisance.
As model homes represent a unique temporary commercial use, special consid-
eration must be given to the peculiar problems associated with them and
special standards must be applied to insure reasonable compatibility with
their surrounding environment.
19.2 Procedure. The erection of a model home(s) shall require approval of the
Lakeville City Council.
19.3 Special Requirements.
I) Temporary parking facilities equal to four (4) spaces per model home
dwelling unit shall be provided. The overall design, drainage, and
surfacing of the temporary parking facility shall be subject to the
approval of the City Engineer.
2) Access from a temporary parking facility onto a local, residential
street shall be discouraged. Where this requirement is physically
impracticable, access shall be directed away from residential neigh-
borhoods to the greatest extent possible.
3) No model home shall incorporate outside lighting which creates a
nuisance due to glare or intensity, as provided for in Section 9.9 of
this Ordinance.
4) All model home signage shall comply with the sign regulations as
contained in Section 16 of this Ordinance.
5) All criteria for conditional use consideration but not procedural re-
quirements as contained in Section 4 of this Ordinance shall be con-
sidered and satisfactorily met.
~,S
SECTION 20. ANIMALS
*20.1 Keeping Animals. The following animals may be kept in the City: ~
1) Domestic animals are an allowed use in all zoning districts.
2) Horses are an allowed use in all zoning districts provided:
a) The minimum lot size is two and one-half (2'-z) acres.
b) The number of horses does not exceed one (1) per acre unless
a higher number is granted by the issuance of a conditional
use permit.
3) Farm animals are an allowed use on all farm property. Farm animals
may net be confined in a pen, feed lot or building within one
hundred (100) feet of any residential dwelling not owned or leased
by the farmer.
4) Animals being kept as part of the Minnesota Zoological Garden's
or St. Paul Como Zoo's docent programs are an allowed use in all
zoning districts. Before such animals are allowed, however, the
participant in the program must notify the City Clerk in writing
of their participation in the program and identify the animal
being kept.
5} With the exception of animals allowed by 20.1 1), 2}, 3) and 4},
no other animals are allowed except by conditional use permit. ~
6j Animals may only be kept for commercial purposes if authorized
in the zoning district where the animals are located.
7) Animals may not be kept if_.they cause a nuisance or endanger the
health or safety of the community.
20.2 Care of Animals. Animals kept within any zoning district shall be subject
to the following requirements:
1) The size, number, species, facilities for and location of animals
kept shall be maintained so as not to constitute a danger or nuisance
by means of odor, noise or otherwise.
2) The person caring for any animal(s) shall be of sufficient age, know-
ledge and experience to adequately and safely care for and control
th~~ animal(s).
3) Facilities for housing animal(s) shall be:
a} Construcied of such material as is appropriate for the ani~~.1(=
inViilv.d.
*Amended by Ordinance :'243, April 16, 1984 84
b} Maintained in good repair.
c} Controlled as to temperature, ventilated and lighted compatible
with the health and comfort of the animal{s).
d) Of sufficient size to allow each animal to make normal postural
and social adjustments with adequate freedom of movement. Inade-
quate space may be indicated by evidence of malnutrition, poor
condition of debility, stress or abnormal behavior patterns.
e) Cleaned as often as necessary to prevent contamination of the
animal(s) contained therein and to minimize disease hazards and
reduce odors.
4) Animals shall be provided wholesome, palatable food and water free
from contamination and of sufficient quantity and nutritive value to
maintain all animals in good health.
5) Animals kept in pet shops or kennels shall be kept in accordance o-rith
regulations for pet shops and kennels in addition to the regulations
provided by this ordinance.
&4,
SECTION 21. PLAN REVIEW
21.1 Purpose. The purpose of this section is to establish a formal plan review
procedure and provide regulations pertaining to the enforcement of site
design and construction standards as agreed to by the contractor through
his officially submitted plan documents.
21.2 Plans Required. In addition to other plan requirements outlined in this
ordinance, site and construction plans will be required and shall be sub-
mitted to and approved by the building official prior to the issuance of
any building permit.
21.3 Cit Council Action. Except in the case of minor projects, additions or
a terations as determined by the Zoning Administrator all building and
site plans for multiple family, commercial or industrial construction shall
be subject to review by the Planning Commission and approval by the City
Council.
21.4 Plan Agreements. All site and construction plans officially submitted to
the City shall be treated as a formal agreement between the Building Con-
tractor and the City. Once approved, no changes, modifications, or alter-
ations shall be made to any plan detail, standard or specification without
prior submission of a plan modification request to the Building Official
for his review and approval.
21.5 Enforcement. The Building Official shall have the authority to order the
stopping of any and all site improvement activities, when and where a
violation of the provisions of this section has been officially documented
by the Building Official.
SECTION 22. D.4Y CARE GROUP PlURSERY FACILITIES
* 22.1 Pur ose. The regulation of day care group nursery facilities in these
zoning regulations is to establish standards and procedures by which day
care facilities can be conducted vrithin the City of Lakeville +vithout
jeopardizing the health, safety, and neneral welfare of the day care
participants and/or the surrounding neighborhood. This section establishes
the City's minimurr~ requirements for the establisfrment of a day care
facility.
22.2 Application. Day care groin nursery facilities shall be considered a
permitted conditional use within all the zoning districts of the City
and shall be subjeci to the regulations and requirements of Section 4
of this section of the City's Zoning Ordinance. In addition to thr City
regulation, all day care facility operations shall comply +~~itl~ the r:inimu!n.
requirements of tiie i°tinnesota Department of IJelfare D.P.!sl. Buie s, as r.r,y
be amen~ed.
*Amended by Ordinance X193, January 18, 1932
E
22.3 Declaration of Conditions. The Planning Conmrission and City Council may
impose such conditions on the granting of a day care facility conditional
use permit as may be necessary to carry out the purpose and provisions of
this section.
22.4 Site Plan Drawing Necessary. All applications fora day care facility.
conditional use permit shall be accompanied by a site plan drawn to scale
and dimensioned, displaying the information required by Section 4.3 of
this Ordinance.
22.5 General Provisions. Day care facilities shall be permitted as a principal
or an accessory use provided that the day care facilities meet all the
applicable provisions of this Section of the. Lakeville Ordinance.
1) Lot Requirements and Setbacks. The proposed site for a day care
facility must have a minimum lot area of one (1) acre and a minimum
lot width of one hundred (100) feet. The day care facility must meet
the setback requirements of the respective zoning district.
*2) Sewer and Water. All day care facilities shall have access to municipal
sewer and water or have adequate private sewer and water to protect the
health and safety of all persons who occupy the facility.
3) Screening. Where the day care facility is in or abuts any com-
mercial or industrial use or zoned property, the day care facility
shall provide screening along the shared boundary of the two uses.
A17 of the required fencing and screening shall comply with the
fencing and screening requirements in Section 9.6 and 9.7 of this
Ordinance.
4) Parkin .
a) There shall be adequate off-street parking which shall be located
separately from any outdoor play area and shall be in compliance
with Section 12 of this Ordinance. Parking areas shall be screened
free; view of surrounding and abutting residential districts in
cen;pliance with Section 9.7 of this Ordinance.
b) When a day care facility is an accessory use within a structure
containing another principal use, each use shall be calculated
separately for determining the total off-street parking spaces
required.
5) Loading. One (1) off-street loading space in compliance with Section
13 of this Ordinance shall be provided.
6) Si~na~ae. ;;11 sie~;ing ar;d inforn~,a~ional or visual communication devices
Shd':l Lia ir! ~v~~:=~i idl':Ce `.;1t~'--. J2Ct56~; lE Of thl5 Ordinance.
a5A
*Amended by Ordinance =239, January 16, 19°;
7) Dam Care Facilit.Y. The building plans for the construction or
alteration of a structure that shall be used as a day care facility
shall be submitted to the City for review by the City Building Official
to insure the structure is in compliance with the State Building Code.
The facility sha1T meet the following conditions:
a) The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or
area as to cause impairment of property values or constitute a
blighting influence within a reasonable distance of the lot.
b) ~Jhen the day care facility is an accessory use within a building,
it shall be located in a portion of the building separated from the
other uses located within the structure.
c) An accessory use day care foci lity shall be adequately sound-
proofed to remove extraneous noise that would interfere with the
day care operation and would affect the health, safety and
welfare of the day care participants.
d) Internal and external site land use compatibility and sufficient
peripheral area protections shall 6e provided by the day care
facility.
e) Primary Space
1. There shall be a minimum of thirty-five (35) square feet
of useable floor space (primary space) per child in
~ attendance, exclusive of hallways, bathrooms, lockers,
kitchens and floor space occupied by sanitary equipment,
but including equipment and furnishings regularly used by
the children.
2. No more than twenty-five (25) percent of the proposed
primary space shall be occupied by equipment to be left
stationary.
3. The state licensing agent shall designate the licensed
capacity of the program.
4. A11 stairways and corridors leading to exits shall be
kept clear and free from obstructions at all times.
f) Bathroom Facilities
I. Adequate toilet and ~~sshhowls must be provided in a well-
ventilated place.
*Amended by Ordinance #198> January 18, 1982 856
2. There must be at least one toilet and one washbowl pro-
vided for each 15 children and one additional toilet and
washbowl for each additional fifteen (15) children or
fraction thereof. Toilets and washbowls must be reachable.
g) Sick Room. Children who are not well should not be required to
be with a group or involved in its activities. Pleither should an
ill child be placed in solitary confinement. Centers must providz
care fora child who becomes ill. Supervision must be provided
until the child is picked up.
1. Space designated for use by an ill child need not be
permanently arranged, but shall be:
a. Used only for other compatible purposes, e.g.,
private office, library, staff's room, or
b. Effectively protected from the main activity area
and the kitchen by screening, and
c. Equipped with a child's cot, and
d. Within sight and hearing of an adult.
h) Sleeping Area. Children in a day care program need rest and
quiet as part of the daily activity. A cot or a crib must be
provided for each child taking a nap in a program that includes
a rest. Adequate space and accessibility of exit must be ~
maintained.
i) Outdoor Play Area. Good child education requires adequate room
to engage in large-muscle activity under safe conditions. Outdoor
space is also appropriate for other learning activities.
1. Outdoor play area of at least seventy-five (75) square feet
per child and no less than one thousand (1,OD0) square feet
per program must 6e provided. This requirement will be
considered fulfilled by any one of the following:
a. An adjacent play area where children are rotated in
appropriate numbers to maintain seventy-five (75)
square feet per child for outdoor play.
b. Adjacent Dark facilities within one thousand (1,000)
feet, or
c. Far°k some that is more than one thousand (1,D00) fees
from the group day care center, where da ily trar;sporte.-
tion is provided.
i
*Amended by Ordinance ;*198, January 18, 1982 85C
2. Play space must be adequately enclosed where necessary to
prevent children from leaving the premises unattended and
outdoor play time must be directly supervised with the
required staff-to-child ratio as specified in the Depart-
ment of Welfare Regulations D.P.W. Rule 3.
3. Outdoor play areas shall not be provided within the required
front yard setbacks.
22.6 Nonconforming Use. Existing day care facilities lawfully existing on the
date of this Ordinance may continue as nonconforming uses. They shall,
however, be required to obtain permits for their continued operation. 11ny
existing day care facility that is discontinued fora period of more than
thirty (30) days, or is in violation of the Ordinance provisions under which
it was initially es~ablished, shall be brought into conformity with the
provisions of this ~ection.
22.7 Inspection. The City of Lakeville hereby reserves the right upon issuing
any day care facility conditional use permit to inspect the premises in
which the occupation is being conducted to insure compliance with the
provisions of this section or any conditions additionally imposed.
*Amended by Ordinance `19~, January 1P, 19&2 QED
*SECTION 22A. WIND ENERGY CONVERSION SYSTEh1S (r+JECS) ,
22A.1 Pur ose. The purpose of this section is to establish standards and pro-
cedures by which the installation and operation of WECS shall be governed
within the City of Lakeville.
22A.1 Application. Wind conversion systems may be allowed as a conditional use
within any zoning district of the City, subject to the regulations and
requirements of this section, provided the property upon which the system
is to be located is zoned agricultural, commercial or industrial or is
constructed and maintained on any parcel of at least two and one-half
(2 z) acres in size.
22A.3 Declaration of Conditions. The Planning Commission may recommend and the
City Council may impose such conditions on the granting of WECS conditional
use permit as may be necessary to carry out the purpose and provisions of
this section.
22A.4 Site Plan Drawing. All applications fora WECS conditional use permit shall
be accompanied by a detailed site plan drawn to scale and dimensioned,
displaying the following information:
1) Lot lines and dimensions.
2) Location and height of all buildings, structures, above ground utilities
and trees on the lot, including both existing and proposed structures
and guy wire anchors.
3} - Location and height of all adjacent buildings, structures, above
ground utilities and trees located within three hundred fifty (350)
feet of the exterior boundaries of the property in question.
4) Existing and proposed setbacks of all structures located on the
property in question.
5) Sketch elevation of the premises accurately depicting the proposed
WECS and its relationship to structures on adjacent lots. -
22A.5 Compliance with State Building Code. Standard drawings of the structural
components of the aaind energy conversion system and support structures,
including base and footings shall be provided along with engineering data
and calculations to demonstrate compliance with the structural design
provisions of the State Building Code. Drayrings and engineering calcula-
tions shall be certified by a Registered Engineer.
22A.6 Compliance with f;tional Electrical Code. b!ECS electrical equipment and
connections shall he designed and installed in adherence to the National
Electrical Code as adoote~J by the City of La€;eviile.
*Amended by Ordinance x_38, January i6, 1984 85E
22A.7 Manufacturer Warranty. Applicant shall provide documentation or other
evidence from the dealer or manufacturer that the 4JECS has been success-
fully operated in atmospheric conditions similar to the conditions within
Lakeville. The WECS shall be warranted against any system failures reasonably
expected in severe weather operation conditions.
22A.8 Design Standards.
1) Hei ht. The permitted maximum height of a WECS shall be determined
in one of two ways. In determining the height of the 41EC5 the
total height of the system shall be included. System height shall
be measured from the base of the tower to the highest possible
extension of the rotor.
a) A ratio of one (1) foot to one (1) foot between the distance
of the closest property line to the base of the 4lECS to the
height of the system.
b) A maximum system height of one hundred seventy-five (175) feet.
The shortest height of the two above mentioned methods shall be used
in determining the maximum allowable height of a WECS system. The
height of a WECS must also comply with FAA Regulation Part 77 "Objects
Affecting Navigable Air Space" and/or MnDOT Rule 14, MCAR 1.3015
"Criteria for Determining Obstruction to Air Navigation".
2) Setbacks. No part of a WECS (including guy wire anchors) shall be
located within or above any required front, side or rear yard setback.
WECS towers shall be setback from the closest property line one (1)
foot for every one (1) foot of system height. WECS shall not be
located within thirty (30) feet of an above ground utility line.
3) Rotor Size. All WECS rotors shall not have rotor diameters greater
than twenty-six (26) feet.
4) Rotor Clearance. Blade arcs created by the WECS shall have a minimum
o~
thirty 30 feet of clearance over any structure or tree within a
two hundred (200) foot radius.
5) Rotor Safety. Each WECS shall be equipped with both a manual and
automatic braking devic:: capable of stopping the WECS operation it
high winds (40 mph or greater).
6) Lightening Protection. Each WECS shall be grounded to proiect
against natural lightening strikes in conformance 1;ith the National
Electrical Co dc- as adopted by the City of Lakeville.
HJF
7) Tower Access. To prevent unauthorized climbing, WECS towers must
comply with one of the following provisions:
a) Tower climbing apparatus shall not be located within twelve
{12) feet of the ground.
b} A locked anticlimb device shall be installed on the tower.
c) Tower capable of being climbed shall be enclosed by a locked,
protective fence at least six (6) feet high.
8) Si ns. WECS shall have one {1) sign, not to exceed two {2} square
feet posted at the base of the tower and said sign shall contain the
following information.
a) Warning high voltage.
b) Manufacturer's name.
c) Emergency phone number.
d) Emergency shutdown procedures.
9) Lighting. WECS shall not have affixed or attached any lights, reflectors,
flashers or any other illumination, except for illumination devices
required by FAA regulations Part 77 "Objects Affecting Navigable Air
Space" and FAA Advisory Circular 70/7460-1F, September 1978 "Obstruc-
tion P1arking and Lighting".
i0) Electromagnetic Interference. WECS shall be designed and constructed
soo zs not to cause radio and television interference.
11) Noise Emissions. Noises eminating from the operation of IJECS shall be
in compliance with and regulated by the State of tinnesota Pollution
Control Standards, Minnesota Regulations fJPC 1 and 2, as amended.
12) Utility Company Interconnection. No WECS shall be interconnected with
a local electrical utility company until the utility company has reviewed
and commented upon it. The interconnection of the WECS with the utility
company shall adhere to the tJational Electrical Code as adopted by the
City of Lakeville.
22A.9 Orna,~;ental Wind Devices. Ornamental wind devices that are not a WECS shall
be exe~~pt from the provisions of this Section and shall conform to other
applicable provisions of this Ordinance.
22A.1~ insp.~ction. The City of Lakeville hereby reserves the right upon issuing
any ~JECS conditional use perr~it to inspect the premises on which the WECS
is 7ccat2d. If a 'rJECS is not maintained in operational condition and poses
a potential safety hazard, the owner shall take expeditious action to correct
the situation.
2~A.1~ It ~ r~ f~~5 Or LGCV~1 h'f11Ci7 15 riot Used fOY S:i: ( SU~CC-~SII~E
mcrihs shall be deemed abandoned and shall be dismantled and removed from
the aroperty at the expense of the property owner.
*SECTION 226. SATELLITE DISHES
226.1 Satellite dishes shall be permitted accessory uses within all zoning
districts, provided they meet the following conditions:
1) The satellite dish shall not exceed fifteen (15) feet in height.
2) The satellite dish shall not be located within the required front
yard setback or side yard setback abutting a street.
3) Satellite dishes may encroach into the required side and rear yard
setbacks within the rear yard of a lot, except, however, that no
such encroachment may occur.on required side yard setbacks abutting
a street on a corner lot.
4) Satellite dishes in A-P, R-A and R-1 districts shall be setback
from all adjoining lots a distance equivalent to one-half (''-2)
the height of the satellite dish; shall be located at least ten
(10) feet away from any other building or structure and shall not
be located within a utility easement.
5) In all districts other than A-P, R-A and R-1, satellite dishes
shall be setback from all adjoining lots a distance equivalent
to the height of the satellite dish. Satellite dishes shall be
located ten (10) feet or more from any other building or structure
and shall not be located within a utility easement.
6) A building permit shall be required for the installation of any
satellite dish. Building permit applications shall require the
submission of a site plan and structural components of the satellite
dish. When a satellite dish is located on the roof of a building,
the applicant shall furnish the City Building Official with building
plans and structural components of the satellite dish displaying
the means of securing the satellite dish to the roof of a building.
The Building Official must approve the building plans.
7) Lightning Protection. Each satellite dish shall be grounded to
protect against natural lightning strikes in conformance with the
National Electrical Code as adopted by the City of Lakeville.
Bcu
*Amend~:' by Ordinan;e _ ~e`'
1 '
SECTION 23. GENERAL DISTRICT PROVISIONS
23.1 Establishment of Districts. The following zoning classifications are here-
by established within the City of Lakeville.
I) Residential Districts.
a) "A-P", Agricultural Preserve District
b) "R-A", Single Family - Agricultural District
c) "R-1", Low Density Single Family Residential District
d} "R-2", Singe Family Residential District
e) "R-3", High Density Single Family Residential District
f) "R-4", Single Family and Two-Family Residential District
g) "R-5", Single, Two-Family and Aledium Density Residential
h) "R-6", T~1edium Density Residential District
i) "R-7", Nigh Density Residential District
j) "R-PSH", Mobile Home District
k) "R-B", Residential-Business Transition District
2} Business Districts.
a) "B-i", Limited Neighborhood Business District
b) "B-2", Retail Business District
c) "B-3", Auto-Oriented Business District
d) "B-4", General Business District
e) "CBD-C", Central Business District - Commercial District
f) "8-W", Business-Warehousing Transition. District
E
3) Industrial Districts.
a) "CBD-I", Central Business District - Industrial District
b) "I-1", Limited Industrial District
c) "I-2", General Industrial District
4) Special Gistricts.
a} PUD Planned Unit Development District
b "ICD", Interstate Corridor District
c~ "FP", Floodplain Overlay District
d) "S", Shoreland Overlay District
e) "W", Wetland Overlay Systems District
23.2 Dtao. The location and boundaries of the districts established by this
text are hereby set forth on the Zoning Map entitled "Zoning P1ap of Lake-
ville". Said map sh::ll be on file with the City Clerk, and hereinafter
referred to as the "Zoning Map". Y;hich map and all the notations, referen-
ces and other information shorn thereon shall have the sair:_ force and er'-
fect as if fl,lly sit forth herein and thereby made a part of this Ordinance
refer•~nce.
23.3 Annexed Territor_r~. Annexed territory shall be in the "R-A" District, unless
special action is taken to place it in another district.
<;
23.4 Zoning District Boundaries. Zoning district boundary lines of this Ordin-
ance follow lot lines, railroad right-of-way lines, the center of water
courses or the corporate limit lines, all as thei exist upon the effective
date of this Ordinance.
1) Appeals concerning the exact location of a zoning district boundary
line shall be heard by the City Council serving as the Board of
Adjustment and Appeals.
2) When any street, alley or public right-of-way vacated 6y official
action of the City, the zoning district abutting the center line of
said alley or other public right-of-way shall not be affected by such
proceeding.
87
SECTION 24. "A-P", AGRICULTURAL PRESERUE DISTRICT
24.1 Purpose. The purpose of the "A-P", Agricultural Preserve District is to
provide for an orderly means whereby lands in the City can be reserved for
long term agricultural use.
24.2 The following uses are permitted in an "A-P" District:
1) Farming and agricultural related buildings and structures subject to
Minnesota Pollution Control Standards, but not including commercial
feed lots or other commercial operations.
2) Public parks, playgrounds, recreational areas, wildlife areas and game
refuges.
3) Single family dwellinys.
4) Essential services.
5) Stands for the sale of agricultural products provided said products
are primarily raised on the premises.
24.3 The following are permitted accessory uses in an "A-P" District:
1) Operation and storage of such vehicles, equipment and machinery which
are incidental to permitted or• conditional uses allowed in this dis-
trict.
2} Living quarters of persons employed on the premises.
3) Home occupations.
4) Recreational vehicles and equipment.
5) Non-commercial greenhouses and conservatories.
6) Swimming pool, tennis courts and other recreational facilities which
are operated for the enjoyment and convenience of the residents of
the principal use and their guests.
7} Tool houses, sheds and similar buildings for storage of domestic
supplies and non-commercial recreational equipment.
8) Private garages, parking spaces and carports for licensed and operable
passenger cars and trucks.
24.4 The following are conditional uses in an "A-P" District: {Requires a con-
ditional use permit based upon procedures set forth in and regulated by
Section 4 of this Ordinance).
1) Governmental and public regulated utility buildings and structures
necessary for the health, safety and general welfare of the community.
provided that:
00
a} When abutting a residential use in a residential use district,
the property is screened and landscaped in compliance with
Section 9.7 of this Ordinance.
b) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
2) Commercial feed lots provided that:
a) All applicable regulations of the Minnesota Pollution Control
Agency (PCA) are complied with.
b) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
3) Farm buildings within three hundred (300) feet of an existing residence
or residential platted lot, provided that:
a) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
24.5 Lot Requirements and Setbacks. The following minimum requirements shall
be observed in an "A-P" District subject to additional requirements,
exceptions and modifications set forth in this Ordinance.
1) Lot Area: Subject to the provisions of MSA Section 473 H.O1-17, as
may be amended.
2} Lot Width: Five hundred (500) feet
3) Setbacks:
a) Front Yards: Not less than thirty (30} feet.
b) Side Yards: Not less than ten (10) feet on each side nor less
than thirty (30) feet on the side yard abutting a public right-
of-way.
c) Rear Yards: Thirty {30) feet.
24.6 District Application. The "A-P" District shall be applied and maintained
in compliance with the provisions of MSA Section 473 N.O1-17, as may be
amended.
Ra
SECTIOPJ 25. "R-A", SINGLE FAMILY-AGRICULTURAL
25.1 Pur ose. The "R-A", Single family-Agricultural District is intended to
provide a district which will allow suitable areas of the City to he re-
tained and utilized for low density residential, open space and/or agricul-
tural uses, prevent rapid urbanization and provide economy in public expen-
ditures for public utilities and service.
25.2 The following are permitted uses in an "R-A" District:
1) Farming and agricultural related buildings and structures subject to
Minnesota Pollution Control Standards, but not including commercial
feed lots or other commercial operations.
2) Public parks, playyrounds, recreational areas, wildlife areas and
game refuges.
3) flurseries, greenhouses, tree farms, and landscape material operations.
4) Single family dwellings.
5) Essential services.
6} Stands for the sale of agricultural products provided said products
are primarily raised on the premises.
25.3 The following are permitted accessory uses in an "R-A" District:
1) Operation and storaye of such vehicles, equipment and machinery which
are incidental to permitted or conditional uses allowed in this dis-
trict.
2) The boarding or renting of rooms to not more than two (2) persons.
3) Living quarters of persons employed on the premises.
4) Y,ome occupations.
5) Recreational vehicles and equipment.
6) Non-commercial greenhouses and conservatories.
7) Swimming pool, tennis courts and other recreational facilities which
are operated for the enjoyment and convenience of the residents of
the principal use and their guests.
8) Tool houses, sheds and similar buildings for storage of domestic sup-
plies and non-commercial recreational equipment.
9} Private garages, parking spaces and car ports fur licensed and opera-
ble passenger cars and trucks.
nn
25.4 The following are conditional uses in an "R-A" District: (Requires a con-
ditional use permit based upon procedures set forth in and regulated by
Section 4 of this Ordinance.)
1) Governmental and public regulated utility buildings and structures
necessary for the health, safety and general welfare of the community
provided that:
a) When abutting a residential use in a residential use district,
the property is screened and landscaped in compliance with Sec-
tion 9.7 of this Ordinance.
b) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
2) Public or semi-public recreational buildings and neighborhood or com-
munity centers; public and private educational institutes limited to
elementary, junior high and senior high schools; and religious insti-
tutions such as churches, chapels, temples and synagogues provided
that:
a) Side yards shall be double that required for the district, but
no greater than thirty (30) feet.
b) Adequate screening from abutting residential uses and landscaping
is provided in compliance with Section 9.7 of this Ordinance.
c} Adequate off-street parking and access is provided on the site or
on lots directly abutting directly across a public street or
alley to the principal use in compliance with Section 12 of this
Ordinance and that such parking is adequately screened and land-
scaped from surrounding and abutting residential uses in compli-
ance with Section 9.7 of this Ordinance.
d) Adequate off-street loading and service entrances are provided
and regulated where applicable by Section 8 of this Ordinance.
e) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
3) Commercial outdoor recreational areas including golf courses and
country clubs, swimming pools and similar facilities provided that:
a) The principal use, function or activity is open, outdoor in char-
acter.
b) Not more than five (5) percent of the land area of the s' ~e be
covered by buildings or structure.
c) When abutting a residential use and a residential use district,
the property is screened and landscaped in compliance with
Section 9.7 of this Ordinance.
91
d) The land area of the property containing such use or activity
meets the minimum established for the district.
e) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
4) Commercial riding stables, dog kennels, animal hospitals with over-
night care and similar uses provided that:
a) Any building in which animals are kept, whether roofed shelter
or enclosed structure, shall be located a distance of one hundred
(100) feet or more from any lot line.
b) The animals shall, at a minimum, be kept in an enclosed pen or
corral of sufficient height and strength to retain such animals.
Said pen or corral may not be located closer than one hundred
(100) feet from a lot line.
c) The provisions of Minnesota Pollution Control Agency Regulations
SW 53 (2) are complied with.
d) All other applicable state and local regulations pertaining to
nuisance, health and safety conditions, etc. are complied with.
e) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
5) Cemeteries, provided that:
a) The site accesses on a minor arterial.
b) The site is landscaped in accordance with Section 9.7 of this
Ordinance.
c) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
6) Commercial feed lots provided that:
a) All applicable regulations of the Minnesota Pollution Control
Agency (PCA) are complied with.
b) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
7) Farm buildings within Three hundred {300) feet of an existing resi-
dence or residential platted lot, provided that:
a) The provisions of Section 4.1{5) of this Ordinance are considered
and satisfactorily met.
25.5 Lot Requirements and Setbacks. The following minimum requirements shall be
observed in an "R-A" District subject to additional requirements, excep-
tions and modifications set forth in this Ordinance.
92
1) Lot Area: Ten (10) acres
2) Lot Width: Three Hundred (300) feet
3) Setbacks:
a) Front Yards: Nat less than thirty (30) feet
b) Side Yards: Not less than ten (10) feet on each side nor less
than thirty (30) feet on the side yard abutting a public right-
of-way.
c) Rear Yards: Thirty (30) feet
93
SECTION 26. "R-1", LOW DENSITY SINGLE FAP1ILY RESIDENTIAL DISTRICT
26.1 Purpose. The purpose of ±he "R-1", Single Family District is to provide
for large lot, low density single family detached residential dwelling
units and directly related, complementary uses in areas of the City con-
taining highly unique natural features and amenities.
26.2 The following are permitted uses in an "R-1" District:
1) Single family detached dwellings.
2) Public par°ks ar:d playgrounds.
3) Essential services.
26.3 The following are permitted accessory uses in an "R-1" District:
1) Private yarages, parking spaces and carports for licensed and operable
passenger cars and trucks not to exceed a gross weight of twelve
thousand {12,000) pounds, as regulated by Section 8 (Off-Street Par-
king} of this Ordinance. Private garages are intended for use to
share the private passenger vehicles of the family or families resi-
dent upon the premises, and in which no business service or industry
is carried on. Such space can be rented to non-residents of the pro-
perty for private passenger vehicles and/or non-commercial vehicles,
trailers, or equipment if sufficient off-street parking in full com-
pliance with this Ordinance is provided elsewhere on the property.
Such garage shall not be used for the storage of more than one (i)
commercial vehicle owned or operated by a resident per dwelling unit.
2) Recreational vehicles and equipment.
3) Home occupations.
4) Non-commercial greenhouses and conservatories.
5) Swimming pool, tennis courts and other recreational facilities which
are operated for the enjoyment and convenience of the residents of
the principal use and their guests. _
6) Tool houses, sheds and similar huildings for storage of domestic sup-
plies and non-commercial recreational equipment.
7) Boarding or renting of rooms to not more than one (1) person.
26.4 The following are conditional uses in an "R-1" District. (Requires a con-
ditional use permit based upon procedures set forth in and regulated by
Section 4 of this Ordinance.)
I) Public or semi-public recreational huildings and neighborhood or com-
munity centers; public and private educational institutions limited
to elementary, junior high and senior high schools; and religious
institutions such as churches, chapels, temples and synagogues pro-
vided that:
nn
a) Side yards shall be double that required for the district, but
no greater than thirty (30) feet.
b) Adequate screening from abutting residential uses and landscaping
is provided in compliance with Section 9.7 of this Ordinance.
c) Adequate off-street parking and access is provided on the site or
on lots directly abutting directly across a public street or
alley to the principal use in compliance with Section 12 of this
Ordinance and that such parking is adequately screened and Tand-
scaped from surrounding and abutting residential uses in compli-
ance with Section 9.7 of this Ordinance.
d} Adequate off-street loading and service entrances are provided
and ~°egulated where applicable by Section 13 of this Ordinance.
e) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
2) Governmental and public regulated utility buildings and structures
necessary for the health, safety and general welfare of the community
provided that:
a) Compatibility with the surrounding neighborhood is maintained
and required setbacks and side yard requirements are met.
b) Equipment is completely enclosed in a permanent structure with
no outside storage.
c) Adequate screening from neighboring uses and landscaping is pro-
vided in compliance with Section 9.7 of this Ordinance.
d) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
3) Farm Buildings within three hundred (30O) feet of an existing resi-
dence or residential platted lot provided that:
a) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
4) Residential planned unit development as regulated by Section 6 of this
Ordinance.
26.5 Lot Requirements and Setbacks. The following minimum requirements shall be
observed in an "R-1" District subject to additional requirements, excep-
tions and mcdifications set forth in this Ordinance.
1) Lot Area - Interior: 20,000 square feet
Corner: 20,000 square feet
2) Lot 6lidth - Interior: 100 feet
Corner: 100 feet
95
3) Setbacks:
a) Front Yards: Not less than thirty (30) feet
b} Side Yards: Not less than ten (10) feet from the adjacent lot,
nor less than twenty (20) feet on the side yard abutting a public
right-of-way.
c) Rear Yards: Thirty (30) feet
SECTION 27. "R-2", SINGLE FAt4ILY RESIDENTIAL DISTRICT
27.1 Pur ose. The purpose of the "R-2", Single Family District is to provide
for urban density single family detached residential dwelling units and
directly related, complementary uses.
27.2 The following are permitted uses in an "R-2" District:
1) All permitted uses as provided for in the "R-1" District.
27.3 The following are permitted ,accessory uses in an "R-2" District:
1} All permitted accessory .ises as allowed in an "R-1" District.
27.4 The following are conditional uses in an "R-2" District (Requires a condi-
tional use permit based upon procedures set forth in and regulated 6y
Section 4 of this Ordinance.)
* 1) All conditional uses allowed in an "R-1" District subject to the
same conditions as in an "R-1" District.
27.5 Lot Requirements and Setbacks. The following minimum requirements shall be
observed in an "R-2" District subject to additional requirements, excep-
tions and modifications set forth in this Ordinance.
i) Lot urea - Interior: 11,000 square feet
Corner: 12,500 square feet
2) Lot Widtii - Interior: 85 feet
Corner: 100 feet
3) Setbacks:
a) Front Yards: Not less than thirty (30) feet.
b) Side Yards: Not less than ten (10) feet from the adjacent lot, nor
less than twenty (20) feet on the side yard abutting a public
right-of-way.
c) Rear Yards: Thirty (30) feet.
*Amended by Ordinance #175, October 6, 1980
97
SECTION 28. "R-3", HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT
28.1 Pur ose. The purpose of the "R-3", High Density Single Family District
is to provide for urban density single family detached residential dwelling
units and directly related, complementary uses.
28.2 The following are permitted uses in an "R-3" District:
1) All permitted uses as provided for in the "R-2" District.
28.3 The following are permitted accessory uses in an "R-3" District:
1) All permitted accessory uses as allowed in an "R-2" District.
28.4 The following are conditional uses in an "R-3" District (Requires a
conditional use permit based upon procedures set forth in and regulated .
6y Section 4 of this Ordinance).
1) All conditional uses subject to the same conditions as allowed in
an "R-2" District.
28.5 Lot Requirements and Setbacks. The following minimum requirements shall
be observed in an "R-3" District subject to additional requirements,
exceptions and modifications set forth in this Ordinance.
1) Lot Area - Interior: 9,375 square feet
Corner: 11,250 square feet
2) Lot Width - Interior: 75 feet
Corner: 90 feet
3) Setbacks:
a) Front Yards: Not less than thirty (30) feet.
b) Side Yards: Not less than seven (7) feet from the adjacent lot,
nor less than twenty (20) feet on the side, yard abutting a public
right-of-way.
c) Rear Yards: Thirty (30) feet.
98
SECTIOtJ 29. "R-4", SINGLE AND TWO FAMILY RESIDENTIAL DISTRICT
29.1 Purpose. The purpose of the "R-4", Single and Two Family Residential
District is to provide for low to moderate density one and two unit
dwellings and directly related, complementary uses.
29.2 The following are permitted uses in an "R-4" District:
1} Atl permitted uses allowed in an "R-3" District.
2) Two family dwelling units.
29.3 The following are permitted accessory uses in an "R-4" District:
1) All permitted accessory uses as allowed in an "R-3" District.
29.4 The following are conditional uses in an "R-4" District: (Requires a
conditional use permit based upon procedures set forth in and regulated
by Section 44 of this Ordinance).
1) All conditional uses, subject to the same conditions as allowed in an
"R-3" District.
29.5 Lot Requirements and Setbacks. The following minimum requirements shall be
observed in an R
4 District subject to additional requirements, exceptions
and modifications set forth in this Ordinance.
1) Lot Area: 15,000 square feet
2) Lot Width: 100 feet
3) Setbacks:
a) Front Yards: Not less than thirty (30) feet.
b) Side Yards: Not less than ten (10) feet from each adjacent lot,
nor less than twenty {20) feet on the side yard abutting a
public right-of-way.
c) Rear Yards: Thirty (30) feet.
99
SECTION 30. "R-5", SINGLE FAMILY, TWO FAMILY AND MEDIUM DENSITY RESIDENTIAL
DISTRICT
30.1 Purpose. The purpose of the "R-5", Single Family, Two Family and Medium
Density Residential District is to provide for low to moderate density
through the mixture of one and two unit and medium density dwellings and
directly related, complementary uses.
*30.2 The following are permitted uses in an "R-5" District:
1) All permitted uses allowed in an "R-4" District.
2) Two family dwelling units.
3) Threeplex and fourplex multiple family units.
4) Townhouses and quadraminiums.
30.3 The following are permitted accessory uses in an "R-5" District.
1) All accessory uses as allowed in an "R-4" District.
30.4 The following are conditional uses in an "R-5" District: (Requires a con-
ditional use permit based upon procedures set forth in and regulated by
Section 4 of this Ordinance).
1) All conditional uses, subject to the same conditions as allowed in
an "R-4" District.
*2) (Reserved)
30.5 Lot Requirements and Setbacks.. The following minimum requirements shall be
observed in an "R-5" District subject to additional requirements, exceptions
and modifications set forth in this Ordinance.
1) Lot Area: 15,000 square feet
2) Lot Width: 100 feet
3) Setbacks:
a) Front Yards: Not less than thirty (30) feet.
b) Side Yards: Not less than ten (10) feet from each adjacent lot,
nor less than twenty (20) feet on the side yard abutting a
public right-of-way.
c) Rear Yards: Thirty (30) feet.
*Amended by Ordinance #184, May 4> 1981 100
SECTIOtd 31. "R-6", MEDIUM DENSITY RESIDENTIAL DISTRICT
31.1 Purpose. The purpose of the "R-6", Medium Density Residential District is
to provide for radium density housing in multiple family structures ranging
up to and including twelve {12} units and directly related, complementary
uses.
*31.2 The following are permitted uses in an "R-6" District:
1) Two family dwelling structures.
2) Townhouses and quadraminiums.
3) Threeplex and fourplex multiple family units.
4) Multiple family dwelling structures containing twelve (12) or
less dwelling units.
5) Public parks and playgrounds.
6) Essential services.
_ _
31.3 The following are permitted accessory uses in an "R-6" District.
1) All permitted accessory uses allowed in an "R-5" District.
2) Off-street loading.
31.4 The following are conditional uses in an "R-6" District: (Requires a
conditional use permit based ..upon procedures set forth in and regulated
by Section 4 of this Ordinance).
1} All conditional uses allowed in an "R-5" District.
2j Medium density single family dwellings containing at least seven
hundred (700) square feet of floor area, and constructed on lots
containing at least seven thousand five hundred (7,500) square feet
of lot area and not less than sixty (60) feet of lot width, provided
that the regulations and requirements of Section 6 (PUD} are satis-
factorily completed and met.
3) Elderly (Senior Citizen} housing provided that:
a) Not more than ten (10) percent of the occupants may be persons
sixty (60) years of age or under.
b) To continue to qualify for the elderly housing classification,
the owner or agency shall annually file with the City Clerk and
the Zoning Administrator a certified copy of a monthly resume'
of occupants of such a multiple dwelling, listing the number of
tenants by age and clearly identifying and setting forth the
relationship of all occupants sixty (60) years of age or under
to qualified tenants, or to the building.
c} There is adequate off-street parking in compliance with Section
12 of this Ordinance.
d) One (1) off-street loading space in compliance with Section 13 of
this Ordinance.
7/18/80 101
*Amended by Ordinance #184, May 4, 1981
e) Parking areas are screened and landscaped from view of surround-
ing and abutting residential districts in compliance with
Section 9.7 of this Ordinance.
f) All signing and informational or visual communication devices
shall be in compliance with Section 16 of this Ordinance.
g) The principal use structure is in compliance with the Minnesota
State Uniform Building Cade.
h) Elevator service is provided to each floor level above ground
floor.
i) Useable open space as defined in Section 2 of this Ordinance at
a minimum is equal to twenty (20) percent of the gross lot area.
j) The provisions of Section 4.1{5} of this Ordinance are considered
and satisfactorily met.
31.5 Lot Requirements and Setbacks. The following minimum requirements shall
be observed in an "R-6" District subject to additional requirements, excep-
tions and modifications set forth in this Ordinance.
1) Lot Area: 10,000 square feet
2) Lot Width: 100 feet
3) Setback:
a) Front Yards: Not less than thirty {30) feet.
b) Side Yards: Not less than fifteen (25) feet on any one side yard
nor less than twenty (20) feet on the side yard abutting a public
right-of-way.
c) Rear Yards: Thirty (30) feet.
7/18/80 102
SECTION 32. "R-7", HIGH DENSITY RESIDENTIAL DISTRICT
32.1 Purpose. The purpose of the "R-7", High Density Residential District is
to provide for high density residential uses, and directly related uses.
*32.2 The following are permitted uses in an "R-7" District:
1) All permitted uses allowed in an "R-6" District.
2) Multiple family dwelling structures containing more than twelve
(12) dwelling units.
32.3 The following are permitted accessory uses in an "R-7" District:
1) All permitted accessory uses as allowed in an "R-6 District.
32.4 The following are conditional uses in an "R-7" District: (Requires a
conditional use permit based upon procedures set forth in and regulated
by Section 4 of this Ordinance.)
1) All conditional uses, subject to the same conditions, as allowed in an
"R-6" District.
32.5 Lot Re uirements and Setbacks. The following minimum requirements shall be
observed in an - District subject to additional requirements, exceptions
and modifications set forth in this Ordinance.
1) Lot Area: 15,000 square feet
2) Lot Width: 100 feet
3) Setbacks:
a) Front Yards: Thirty (30) Feet
b) Side Yards: Not less than fifteen (15} feet on any one side,
nor less than thirty (30) feet on the side yard abutting the
major street.
c} Rear Yards: Thirty (30) feet.
*Amended by Ordinance #184, May 4, 1981
103
SECTION 33. "R-B", RESIDENTIAL-BUSINESS TRANSITION DISTRICT
33.1 Pur ose. The purpose of the "R-B", Residential-Business District is to
provide for high density residential use and for the transition in land
use from residential to low intensity business allowing for the intermixing
of such uses.
33.2 The following are permitted uses in an "R-B" District.
1) All permitted uses allowed in an "R-7" District.
33.3 The following are permitted accessory uses in an "R-B" District.
1) All permitted accessory uses as allowed in an "R-7" District.
33.4 The following are conditional uses in an "R-B" District: (Requires a
conditional use permit based upon procedures set forth in and regulated
by Section 4 of this Ordinance).
1) All conditional uses, subject to the same conditions as allowed in
an "R-7" District.
2) Hospitals, medical offices and clinics, dental offices and clinics,
professional offices and commercial offices, veterinary clinics (not
including outside kennels) and funeral homes and mortuaries, provided
that:
a) The site and related parking and service entrances are served
by an arterial or collector street of sufficient capacity to
accommodate the traffic which will be generated.
b) Adequate off-street parking is provided in compliance with Section
12 of this Ordinance.
c) Adequate off-street loading is provided in compliance with Section
13 of this Ordinance.
d) Vehicular entrances to parking or service areas shall create a
minimum of conflict with through traffic movement.
e) When abutting an "R-1" or "R-2" District, a buffer area with
screening and landscaping in compliance with Section 9.7 of this
Ordinance shall be provided.
f) All signing and information or visual communication devices shall
be in compliance with Section 16 of this Ordinance.
g) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
3) Retail commercial activities provided that:
a) Merchandise is sold at retail.
b) The retail activity is located within a structure whose principal
use is not commercial sales.
I04
c) The retail activity shall not occupy more than fifteen (15}
percent of the gross floor area of the building.
d) No directly or indirectly illuminated sign or sign in excess of
ten (10) square feet identifying the name of the business shall
be visible from the outside of the building.
e) No signs or posters of any type advertising products for sale
shall be located on the outside of the building.
a) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
4) Buildings combining residential and non-residential uses allowed in
this District provided that:
a) Residential and non-residential uses shall not be contained on
the same floor.
b) The residential and non-residential uses shall not conflict in
any manner.
c) The residential building standards as outlined in this Section
are met.
d) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
5) Nursing homes and similar group housing, but not including hospitals,
sanitariums or similar institutions, provided that:
a) Side yards are double the minimum requirements established far
this District and are screened in compliance with Section 9.7
of this Ordinance.
b) Only the rear yard shall be used for play or recreational areas.
Said area shall be fenced and controlled and screened in compli-
ance with Section 9.7 of this Ordinance.
c) The site shall be served by an arterial or collector street of
sufficient capacity to accommodate traffic which will be generated.
d) All signing and informational or visual communication devices
shall be in compliance with Section 16 of this Ordinance.
e) All state laws and statutes governing such use are strictly ad-
hered to and all required operating permits are secured.
f) Adequate off-street parking is provided in compliance with
Section 12 of this Ordinance.
g) One (1) off-street loading space in compliance with Section 13 of
this Ordinance is provided.
h) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
105
6) A artment Densit Bonus. Except for elderly housing, a maximum of
twenty 20 percent reduction in square feet of lot area per unit
for multiple family dwellings of ten (10) units or more as required
in Section 9.8 of this Ordinance based upon the following bonus
features and square foot reductions:
Square Foot
Bonus feature Reduction Per Unit
a) Type two construction 125 square feet
b) Elevator servin each floor 75 square feet
c) Two-thirds (2/3~ of the required fee
free parking underground or within the
principal structure (not including
attached or detached garages). 175 square feet
d) Indoor recreation and social rooms
equal to twenty-five (25) square
feet per unit or seven hundred fifty
(750) square feet total, whichever is
greater. 50 square feet
e) P1ajor outdoor recreational facilities
such as swimming pools, tennis courts
or similar facilities requiring a
substantial investment equaling at
minimum five (5) percent of the
construction cost of the principal
structure. 75 square feet
33.5 Lot Requirements and Setbacks. The following minimum requirements shall
be observed in an "R-B" District subject to additional requirements,
exceptions and modifications set forth in this Ordinance.
1) Lot Area: 15,000 square feet
2) Lot Width: 100 feet
3) Setbacks:
a) Front Yards: Not less than thirty {30) feet.
b) Side Yards: Not less than fifteen (15) feet on any one side,
nor less than thirty (36) feet on the side yard abutting the
major street.
c) Rear Yards: Thirty (30) feet.
inr_
SECTION 34. "R-MH", MOBILE HOME PARK DISTRICT
34.1 Pur se. The purpose of an "R-MH", Mobile Home Park District is to provide
a separate district for mobile home parks, distinct from other residential
areas.
34.2 The following uses are permitted uses in an "R-MH" District.
1) Mobile homes.
2) All permitted uses in an "R-i" District.
34.3 The following are permitted accessory uses in an "R-MH" District:
1) Any accessory use permitted in an "R-1" District.
34.4 The following are conditional uses in an "R-MH" District (Requires a
conditional use permit based upon procedures set forth in and regulated
by Section 4 of this Ordinance}.
1) All conditional uses, subject to the same conditions, as allowed in
an "R-1" District.
34.5 DesignJOperational Standards for Mobile Home Parks
1) -General Provisions.
a) All land area shall be:
1. Adequately drained
2. Landscaped to control dust
3. Clean and free from refuse, garbage, rubbish or debris
b) No tents shall be used for other than recreational purposes in
a mobile home park.
c) There shall not be outdoor camping anywhere in a mobile home park.
d) Access to mobile home parks shall be as approved by the City.
e) All structures (fences, storage, cabana, etc.) shall require a
building permit from the Lakeville Building Official.
f) The area beneath a mobile home coach shall be enclosed except.
that such enclosure must have access for inspection.
g} Laundry and clothing shall be hung out to dry only on lines
located in City approved areas established and maintained exclu-
sively for that purpose, as identified on the mobile home park
site plan.
h) A mobile home park shall have an adequate central community
building with the following features:
1. Laur.~ry- ~',ti^;ng areas and ne-r _
2. Lauoc n~ washing machines.
3. Public toilets and lavatori~_.
Such buildings shall have adequate heating in all areas and be
maintained in a safe, clean and sanitary condition.
*i) (Reserved)
2) Site Plan Requirements.
a) Legal description and size in acres of the proposed mobile home park.
b) Location and size of all mobile home sites, dead storage areas, recrea-
tion areas, laundry drying areas, roadways, parking sites, and all
setback dimensions (parking spaces, exact mobile home sites, etc.).
c) Detailed landscaping plans and specifications.
d) Location and width of sidewalks.
e) Plans for sanitary sewage disposal, surface drainage, water systems,
electrical service, and gas service.
f) Location and size of all streets abutting the mobile home park and
all driveways from such streets to the mobile home park.
g) Road construction plans and specifications.
h) Plans for any and all structures.
i) Such othgr information as required or implied by these mobile home
park standards or requested by public officials.
j) Name and address of developer or developers.
k) Description of the method of disposing of garbage and refuse.
1) Detailed description of maintenance procedures and grounds supervisior
m) Detail ~s to whether all of the area will be developed a portion at
a ti r,e.
**n) Location and size of construction pads for accessory buildings on
- mobile ho=~~ lots.
**o) Description of the guidelines, rules and covenants proposed by the
_ mobile hoc~e park operator regulating the building type and construc-
tion of building additions, accessory buildings, decks and similar
type construction.
3) Design Stand::__'_.
a) Pdrk Size:
1. Thy :~.inir.;um area required for- a mobile home park designation
shy-1l tie five (5) acres.
*Amended by Ordinance Aril 20, 198].
•+q°~~ended by Ordina,~;~ 7, ic•~.[. lOF'.
' ~ **b) Lot Size:
1. Individual Mobile Home Sites - Homes fourteen {14) feet wide.
or less.
a. Each mobile home site shall contain at least five thousand
(5,000) square feet of land area or more for the exclusive
use of the occupant:
Width: No less than fifty (50) feet
Depth: No less than one hundred (100) feet
b. Each mobile home site shall have frontage on an approved
roadway, and the corner of each mobile home site shall be
marked and each site shall be numbered.
***2. Individual Mobile Home Site - Homes greater than fourteen (14)
feet wide and not greater than sixteen (16) feet wide.
a. Each mobile home site shall contain six thousand fifty
(6,050) square feet of land or more for the exclusive use
of the occupant.
Width: No less than fifty-five (55) feet
Depth: No less than one hundred ten (110) feet
b. Each mobile home site shall have frontage on an approved
roadway, and the corner of each mobile home site shall be
marked and each site shall be numbered.
3. Individual P1obile Home Site - Homes over sixteen (16) feet in
width:
a. Each mobile home site shall contain at least six thousand
five hundred (6,500) square feet of land area for the
exclusive use of the occupant:
Width: No less than sixty-five (65) feet
Depth: No less than one hundred (100) feet
b. Each mobile home site shall have frontage on an approved
roadway and the corner of each mobile home site shall be
marked and each site shall be numbered.
**c) Reserved
*d) Individual Mobile Home Unit Site Setbacks:
1. In mobile home parks existing prior to 1 duly 1982, no unit
shall be parked closer than ten (10) feet to its side lot lines
nor closer than twenty (20) feet to its front lot line, or
within ten (10) feet of the rear lot line.
7/18/80
*Amended by Ordinance #208, August 16, 1982
**Amended by Ordinance #283, October 7, 1985 109
***Typing Correction, May 5, 1986 '
20 In mobile home parks created after 1 July 1982, no unit shall
be parked closer than ten (10) feet to its side lot lines nor
closer than thirty (30) feet to its front lot line, or within
ten (10) feet of its rear lot line.
e) Building Requirements:
1. No structure shall exceed one (1) story or twenty-five (25)
feet whichever is least.
f) Parking:
1. Each mobile home site shall have off-street parking space for
two (2) automobiles.
2a Each mobile home park shall maintain a hard surfaced off-street
parking lot for guests of occupants in the amount of one (1)
space for each five (5) coach sites.
3. Access drives off roads to all parking spaces and coach sites
shall be hard surfaced according to specifications established
by the City.
g) Utilities:
1. All mobile homes shall be connected to a public water and
sanitary sewer system or a private water and sewer system
approved by the State Department of Health.
2. All installations for disposal of surface storm water must
be approved by the City.
3. All utility connections shall be as approved by the City.
4. The source of fuel for cooking, heating, or other purposes
at each mobile home site shall be as approved by the City.
5. All utilities shall be underground; there shall be no
overhead wires or supporting poles except those essential
for street or other lighting purposes.
6. No obstruction shall be permitted that impedes the in-
spection of plumbing, electrical faci~ities, and related
mobile home equipment.
7. The method of garbage, waste, and trash disposal must
be approved by the City
8. The owner shall pay any required sewer connection fees to
the City.
9. The owner shall pay inspection and testing fees for utility
service to the City.
h) Internal Roads and Street:
1. Roads shall be surfaced as approved by the City.
2. All roads shall have a concrete (mountable, roll type) curb
and gutter.
110
3. A]1 streets shall be developed with a roadbed of not less
than twenty-four (24) feet in width. If parking is permit-
ted on the street then the roadbed shall be at least thirty-
six (36) feet in width.
4. The park hall have a street lighting plan approved by the
City.
i) Recreation:
1. All mobile home courts shall have at least ten (10) percent
of the land area developed for recreational use (tennis
courts, children's play equipment, swimming pool, golf green,
etc.) developed and maintained at the owner/operator's ex-
pense.
2. In lieu of land dedication for public park purposes, a cash
contribution as established by Ordinance 120 as may be
amended, shall be paid to the City.
j) Landscaping:
1. Each site shall be properly landscaped with trees, hedges,
grass, fences, windbreaks, and the like.
2. A compact hedge, redwood fence, or landscaped area shall be
installed around each mobile home park and be maintained
in first class condition at all times as approved.
3. All areas shall be landscaped in accordance with landscaping
plan approved by the City Council.
k) Lighting:
1. Artificial light shall be maintained during all hours of
darkness in all buildings containing public toilets, laundry
equipment, and the like.
2. The mobile home park grounds shall be lighted as approved
by the City from sunset to sunrise.
1) Storage:
1. Enclosed storage lockers (when provided) shall be located
either adjacent to the mobile home in a mobile home park
or at such other place in the park as to be convenient
to the unit for which it is provided. Storage of large
items such as boats, boat trailers, etc., shall be accommo-
dated in a separate secured and screened area of the park.
m) General: For those items not specifically referenced, the design
standards as established by Ordinance 113 as may be amended shall
be utilized as for general development guidelines.
7/1$/$0 111
*nr Accessory Buildings. '
1. Accessory buildings including garages shall be limited to one
per mobile home lot. Maximum allowable floor area shall not
exceed six (6) percent of the required minimum lot size.
2. Maximum building height: 15 feet
3. Location: The mobile home park site plan shall designate the
locations proposed for the development of garages and/or
accessory buildings on each mobile home lot. Said accessory
buildings shall comply with the following setback requirements:
a. An accessory building may be located in side or rear yards.
b. All accessory buildings shall be setback from all adjoining
lots a minimum of five (5) feet. Garages may be allowed
with a zero lot line setback and a shared driveway when
built as a double garage and shared by adjacent lots.
c. Accessory buildings shall not be located within any
utility easements.
d. On lots having a lot width of fifty-five {55) feet or
greater, an accessory building shall be located at least
ten (10) feet from any other building or structure on the
same lot. On lots having a fifty (50) foot lot width,
_ accessory buildings shall be located at least nine (9)
feet from any building or structure on the same lot.
e. Storage lockers: Storage lockers may be allowed as
regulated by Section 34.5 3)1) of this Ordinance.
*o) Building Additions.
1. Any building addition, deck, patio or similar construction on a
mobile home lot shall require a building permit.
2. Size: building additions, decks or patios shall not exceed ten
(10) feet in width, twenty (20) feet in depth and the height
of the principal structure.
3. Building Type and Construction: Any building addition shall
either be manufactured or custom built of materials that are
consistent or compatible to the design of the principal building.
"Compatible" means that the exterior appearance of an accessory
building is not at variance with the principal building from an
aesthetic and architectural standpoint to cause:
a. A difference to a degree to cause incongruity with the
principal building.
b. A description of the general character of the neighborhood.
c. A depreciation of neighborhood values or adjacent property
values.
d. A nuisance. Types of nuisance characteristics include, b,
are not limited to: noise, dust, odors, glare and unsightly
building er?e~ior.
*Amended by Ordinance =283, October i, 19'3:, 111=.
4) Registration.
a) It shall be the duty of the operator of the mobile home park to
keep a record of all mobile homeowners and occupants located
within the park. The register shall contain the following infor-
mation:
1. The name and address of each mobile home occupant.
2. The name and address of the owner of each mobile home.
* 3. The make, modeland year.
4. The state, territory or county issuing such license.
5. The date of arrival and departure of each mobile home.
6. The number and type of motor vehicles of residents in the
park.
b) The park operator shall keep the register available for inspec-
tion at all times by authorized City, state and county officials,
public health officials and other public offices whose duty neces-
sitates acquisition of the information contained in the register.
The register shall not be destroyed until after a period of three
(3) years following the date of departure of the registrant from
the park.
5) Maintenance. The operator of any mobile home park, or a duly author-
ized attendant and/or caretaker shall be responsible at all times for
keeping the mobile home park, its facilities and equipment, in a clean,
orderly, operable, and sanitary condition. The attendant or caretaker
shall be answerable, along with said operator, for the violation of any
provisions of these regulations to which said operator is subject.
**6) Inspections Prior to Sale.
a) Prior to the sale of a mobile home within a mobile home park, the
owner of the mobile home must have the home inspected by the City
Building Official to determine compliance with the applicable
Manufactured Home Building Code as defined in Minn. Stat. 327.31,
Subd. 3. No person shall sell a mobile home unless the home
complies with the Manufactured Home Building Code.
b) Prior to the sale of a mobile home within a mobile home park, the _
operator of a mobile home park or the duly authorized attendant
and/or caretaker must inform City Building Official of the pro-
spective sale and provide him with a completed copy of the
Manufactured (Mobile) Home Safety Disclosure Form required by
tAinn. Stat. 327.07, Subd. 3A.
**7) Permits. When a mobile home is moved onto a lot, the owner shall apply
for and obtain a building permit for the {foundation) blocking to state
code and a permit for connection to public sewer and water. The permit
shall be obtained before the mobile home is occupied.
5/4/62
*Amended by Ordinance #208, August 16, 1982
**Amended by Ordinance #276, August 5, 1985 111 B
34.6 Review Procedures.
1) All informational elements as required in Section 34.5(2) shall be
submitted to the City in accordance with the normal time schedule
outlined for zoning district amendments, whether or not the proposal
requires a rezoning. Proposals for mobile home park expansions on
properly zoned land shall be reviewed for compliance with the applica-
ble standards and requirements as contained in Section 34.5 by alt
designated and official City review bodies.
111C
SECTION 35. "B-1", LIMITED NEIGHBORHOOD BUSINESS DISTRICT
35.1 Purpose. The purpose of the "B-i" Limited Neighborhood Business District
is to provide for the establishment of integrated neighborhood centers
for convenient, limited office, retail or service outlets which deal
directly with the customer for whom the goods or services are furnished.
These centers are to provide services and goods only for the surrounding
neighborhoods and are not intended to draw customers from the entire
community.
35.2 The following are permitted uses in a "B-1" District:
1) Barber shops
2) Beauty parlors
3 Essential services
4) Convenience grocery stores (not supermarket type and without motor
fuel facilities)
5) Laudromat, self-service washing and drying
35.3 The following are permitted accessory uses in a "B-1" District:
1) Commercial or business buildings and structures for a use accessory
to the principal use but such use shall not exceed thirty (30) percent
of the gross floor space of the principal use.
2) 'Off-street- parking as regulated by Section 12 of this Ordinance, but
not including semi-trailer trucks.
3) Off-street loading as regulated by Section 13 of this Ordinance.
35.4 The following are conditional uses in a "B-1" District: (Requires a
conditional use permit based upon procedures set forth in and regulated
by Section 4 of this Ordinance).
1) Governmental and public regulated utility buildings and structures
necessary for the health, safety and general welfare of the community,
provided that:
a} Compatability with the surrounding neighborhood is maintained
and required setbacks and side yard. requirements are met.
b} Equipment is completely enclosed in a permanent structure with
no outside storage.
c) Adequate screening and landscaping from neighboring residential
districts is provided in accordance with Section 9.7 of this
Ordinance.
d) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
2} Professional and commercial offices provided that:
a) The services which are provided are for the local area rather
than the com^wnity or region.
112
b) The traffic generated will not raise traffic volumes beyond
the capacity of the surrounding streets.
c) The architectural appearance of the building housing the office
use shall reflect the building character of the area and shall
not be so dissimilar as to cause impairment of property values
or constitute a blighting influence within the neighborhood.
d) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
35.5 Lot Requirements and Setbacks. The following minimum requirements shall
be observed irr a "B-1" District subject to additional requirements, excep-
tions and nadifications set forth in this Ordinance.
1) Lot Areas: 20,000 square feet
2) Lat Width: 100 Feet
3) Setbacks:
a) Front Yards: Not less than thirty (30) feet
b) Side Yards: i~ot less than fifteen (15) feet on any one side, nor
less than twenty (20) feet on the side yard abutting the major
street.
c) Rear Yards: Twenty (20) feet.
173
SECTION 36. "B-2", RETAIL BUSINESS DISTRICT
36.1 Purpose. The purpose of the "B-2" Retail Business District is to provide
for low intensity, retail or service outlets which deal directly with the
customer for whom the goods or services are furnished. The uses allowed
in this district are to provide goods 'and services on a limited community
market scale and located in areas which are well served by collector or
arterial street facilities at the edge of residential districts.
36.2 The following are permitted uses in a "B-2" District:
1) All permitted uses as allowed in the "B-1", Limited Neighborhood Busi-
ness District.
2) Art and school supplies.
3) Bakery goods and baking of goods for retail sales on the premises.
4 Bank, savings and loan, savings credit unions and other financial
institutions.
6) Bicycle sales and repair.
6) Candy, ice cream, popcorn, nuts, frozen deserts and soft drinks.
7) Camera and photographic supplies.
8) Commercial and professional offices.
9) Delicatessen.
10) Dry cleaning pick-up and laundry pick-up stations including incidental
repair and assembly but not including processing.
11) Drug store.
12) Florist shop.
13) Frozen food store, but not including a locker plant.
14) Gift or novelty store.
15) Grocery, fruit or vegetable store, but not including sales from
moveable, motorized vehicles.
16) Grocery, supermarket.
17) Hardware.
18) Hobby store.
19) Ice sales with storage not to exceed five (5} tons.
20) Insurance sales.
21) Locksmiths.
22) Meat market, but not including processing for a locker plant.
23} Medical and dental offices and clinics.
24) Paint and wallpaper sales.
25) Plumbing, television, radio, electrical sales and such repair as are
accessory use to the retail establishment permitted within this
district.
26) Public utility collection offices.
27) Public garage.
28} Real estates sales.
29) Shoe Repair.
36.3 The following are permitted accessory uses in a "B-2" District:
1) All permitted accessory uses as allowed in a "B-1" District.
36.4 .The followiny are conditional uses in a "B-2" District: (Requires a condi-
tional use permit based upon procedures set forth in and regulated by
Section 4 of this Ordinance.)
114
1) Governmental and public regulated utility buildings and structures
necessary for the health, safety and general welfare of the community
provided that:
a) Compatibility with the surrounding neighborhood is maintained
and required setbacks and side yard requirements are met.
b) Adequate screening from neighboring uses and landscaping is
provided in accordance with Section 9.7 of this Ordinance.
c) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
2) Commercial planned unit development as regulated by Section 6 of this
Ordinance.
36.5 Lot Re uirements and Setbacks. The following requirements shall be ob-
serve in a B-2 District subject to additional requirements, exceptions
and modifications set forth in this Urdinance.
1) lot Area: 10,000 Feet
2) Lot Width: 100 Feet
3) Setbacks:
a) Front Yards: Not less than twenty (20) feet.
b) Side Yards: Not less than ten (10} feet on any one side, nor
less than twenty (20) feet on the side yard abutting the major
street.
c) Rear Yards: Twenty (20) feet.
5/4/81
115
7
SECTION 37. "B-3", AUTO-ORIENTED BUSINESS DISTRICT
37.1 Purpose. The purpose of the "B-3", Auto-Oriented Business District is to
provide for and limit the establishment of motor vehicle oriented or depen-
dent high intensity commercial and service activities.
37.2 The following are permitted-uses in a "B-3" District:
1) Auto accessory store.
2) Motor vehicle and recreation equipment sales and structures accessory
thereto.
3) Commercial recreational uses.
4) Motels, motor hotels and hot=:ls provided that the lot area contains
not less than five hundred (500) square feet of lot area per unit.
5) Restaurants, cafes, cn and off-sale liquor.
6) Private clubs or lodges serving food and beverages.
37.3 The following are permitted accessory uses in a "B-3" District:
1) All permitted accessory uses as allowed in a "B-2" Retail Business
District.
2) Semi-truck parking.
37.4 The following are conditional uses in a "B-3" District. (Requires a condi-
tional use permit based upon procedures set forth in and regulated by Sec-
tion 4 of this Ordinance.)
1) Drive-in and convenience food establishments provided that:
a) The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or
area so as to cause impairment in proper*.y values or constitute
a blighting influence within a reasonable distance of the lot.
b) At the boundaries of a residential disirict, a strip of not less
than five (5) feet shall be landscaped and screened in compliance
with Section 9.7 of this Ordinance.
c) Each light standard island and all islands in the parking lot
landscaped or covered.
d) Parking areas shall be screened from view of abutting residential
districts in compliance with Section 9.7 of this Ordinance.
e} Parking areas and driveways shall be curbed with continuous
curbs not less than six (6) inches high above the parking lot
or driveway grade.
f) vehicular access points shall be limited, shall create a minimum
of conflict with through traffic movements, shall comply with
Section 12 of this Ordinance and shall be subject to the approval
of the City Engineer.
116
g) All lighting shall be hooded and so directed that the light
source is not visible from the public right-of-way or from an
abutting residence and shall be in compliance with Section 9.9
of this Ordinance.
h) The entire area shall have a drainage system which is subject
to the approval of the City Engineer.
i) The entire area other than occupied by buildings or structures
or planting shall be surfaced with a material which will control
dust and drainage and which is subject to the approval of the
City Engineer.
j) All signing and information or visual communication devices shall
be in compliance with Section 16 of this Ordinance.
k) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
2) Commercial car washes (drive through, mechanical and self-service)
provided that:
a) The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or
areas as to cause impairment in property values or constitute
a blighting influence.
b) Magazining or stacking space is constructed to accommodate that
number of vehicles which can be washed during a maximum thirty
(30) minute period and shall be subject to the approval of the
City Engineer.
c) At the boundaries of a residential district, a strip of not less
than five (5) feet shall be landscaped and screened in compliance
with Section 9.7 of this Ordinance.
d) Each light standard island and all islands in the parking lot
landscaped or covered.
e} Parking or car magazine storage space shall be screened from view
of abutting residential districts in compliance with Section 9.7
of this Ordinance.
f) The entire area other than occupied by the building or plantings
shall be surfaced with material which will control dust and
drainage which is subject to the approval of the City Engineer.
g) The entire area shall have a drainage system which is subject to
the approval of the City.
h) All lighting shall be hooded and so directed that the light
source is not visible from the public right-of-way or from an
abutting residence and shall be in compliance with Section 9.9
of this Ordinance.
117
i) Vehicular access points shall be limited, shall create a minimum
of conflict with through traffic movement and shall be subject
to the approval of the City Engineer.
j) Ail signing and informational or visual communication devices
sha]1 be in compliance with Section 16 of this Ordinance.
k) Provisions are made to control and reduce noise.
1) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
3) Gas station, auto repair-minor and tire and battery stores and service
provided that:
a) Regardless of whether the dispensing, sale or offering for sale
of motor fuels and/or oil is incidental to the conduct of the
use or business, the standards and requirements imposed by this
Ordinance for motor fuel stations shall apply. These standards
and requirements are, however, in addition to other requirements
which are imposed for other uses of the property.
b) The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings
or a~°ea as to cause impairment in property values or constitute
a blighting influence within a reasonable distance of the lot.
c) The entire site other than that taken up by a building, structure
or plantings shall be surfaced with a material to control dust
and drainage which is subject to the approval of the City Engineer.
d) A minimum lot area of twenty thousand {20,000) square feet and
minimum lot widths of one hundred fifty (150) feet.
e) A drainage system subject to the approval of the City Engineer
shall be installed.
f) A curb not less than six (6) inches above grade shall separate
the public sidewalk from motor vehicle service areas.
g) 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 9.9 of this Ordinance.
h) Wherever fuel pumps are to be installed, pump islands shall be
installed.
i) At the boundaries of a residential district, a strip of not less
than five (5) feet shall be landscaped and screened in compliance
with Section 9.7 of this Ordinance.
j) Each light standard landscaped.
118
k) Parking or car magazine storage space shall be screened from view
of abutting residential districts in compliance with Section 9.7
of this Ordinance.
1} Vehicular access points shall create a minimum of conflict with
through traffic movement, shall comply with Section 12 of this
Ordinance and shall be subject to the approval of the City Engineer.
m) All signing and informational or visual communication devices
shall be minimized and shall be in compliance with Section 16 of
this Ordinance.
n) Provisions are made to control and reduce noise.
o) No outside storage except as allowed in compliance with Section
37.4(4) of this Ordinance.
p) Sale of products other than those specifically mentioned in this
Subdivision be subject to a conditional use permit and be in
compliance with Section 37.4(6) of this Ordinance.
q) All conditions pertaining to a specific site are subject to
change when the Council, upon investigation in relation to a
formal request, finds that the general welfare and public better-
ment can be served as well or better by modifying the conditions.
r) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
4) Open and outdoor storage as a principal or accessary use provided that:
a) The area is fenced and screened from view of neighboring residen-
tial uses or if abutting an "R" District in compliance with
Section 9.7 of this Ordinance.
b) Storage is screened from view from the public right-of-way in
compliance with Section 9.7 of this Ordinance.
c) Storage area is grassed or surfaced to control dust.
d) 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 4.9 of this Ordinance.
e) Does not take up parking space as required for conformity to this
Ordinance.
f) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
5) Open or outdoor service, sale and rental as a principal or accessory
use provided that:
5/4/II1
119
a} Outside services, sales and equipment rental connected with
the principal use is limited to thirty (30) percent of the gross
floor area of the principal use.
b) Outside sales areas are fenced or screened from view of neighbor-
ing residential uses or an abutting "R" District in compliance
with Section 9.7 of this Ordinance.
c) 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.
d} Sales area is grassed or surfaced to control dust.
e) The use does not take up parking space as required for conformity
to this Ordinance.
f) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
6) Accessory, enclosed retail, rental or service activity other than
that allowed as a permitted use or conditional use within this
Section, provided that:
Such use is allowed as a permitted use in a "B-1", or B-2" Dis-
trict.
b} Such use does not constitute more than thirty (30) percent of
the lot area and not more than fifty (50) percent of the gross
floor area of the principal use.
c) Adequate off-street parking and off-street loading in compliance
with the requirements of Sections 12 and 13 of this Ordinance
is provided.
d) A]1 signing and informational or visual communication devices
shall be in compliance with Section 11 of this Ordinance.
e) The provisions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
7) Commercial planned unit development as regulated by Section 6 of
this Ordinance.
37.5 Lot Requirements and Setbacks. The following minimum requirements shall
be observed in a "B-3" District subject to additional requirements, excep-
tions and modifications set forth in this Ordinance.
1) Lot Area: 15,000 square feet
2) Lot Width: 100 Feet
3) Setbacks:
a) Front Yards: Not less than thirty (30) feet
120
b) Side Yards: Nat less than twenty (20) feet on any one side,
nor less than thirty (30) feet on the side yard abutting the
major street.
c) Rear Yards: Thirty (30) feet.
121
SECTION 38. "B-4", GENERAL BUSINESS DISTRICT
38.1 Pur ose. The purpose of the "6-4", General Business District is to provide
for the establishment of commercial and service activities which draw from
and serve customers from the entire community or region.
38.2 The following are permitted uses in a "B-4" District:
1) All permitted uses as allowed in a "B-1", "B-2" and "B-3" District.
2) Antique or gift shop.
3) Amusement places (such as dance halls or roller rinks).
4) Animal clinics (with no overnight care).
5) Enclosed boat and marine sales.
6) Books, office supplies or stationary stores.
7) bowling alleys.
8) Carpet, rugs and tile.
9) Coin and philatelic stores.
10) Copy service, but not including printing press or newspaper.
11) Costume, clothes rental.
12) Department and discount stores.
13) Dry cleaning including plant accessory heretofore, pressing and repair-
ing.
14) Dry good store.
15) Electrical appliance stores including incidental repair and assembly
but not fabricating or manufacturing.
16); Employment agencies.
17) Finance companies.
18) Furniture stores.
19) Furriers when conducted only for retail trade on premises.
20) Garden supp]y stores.
21) Haberdasheries and ladies ready-to-wear.
22) Insurance sales, claims and branch offices.
23) Jewelry stores and luggage stores.
24) Leather goods and luggage stores.
25) Record - music shops.
26) Sewing machine sales and service.
27 Shoe stores.
28) Tailor shops.
29) Theatres, not of the outdoor drive-in type.
30) Toy stores.
31) Travel bureaus, transportation ticket offices.
32) Variety stores, 5 and 10 cent stores, and stores of similar nature.
33) Wearing apparel.
34} Government and public utility buildings.
38.3 The following are permitted accessory uses in a "6-4" District:
1) All permitted accessory uses in a "B-3" District.
38.4 The following are conditional uses in a "B-4" District: (Requires a condi-
tional use permit based upon procedures set forth in and regulated by
Section 4 of this Ordinance.)
1) All conditional uses subject to the same conditions as allowed in
the "B-3" District.
38.5 Lot Re uirements and Setbacks. The following minimum requirements shall be
observed in a B- District subject to additional requirements, exceptions
and modifications set forth in this Ordinance.
1} Lot Area: 10,000 square. feet
2} Lot Width: 100 feet
3) Setbacks: Thirty (30) feet where abutting a street or a residential
district.
SECTION 39. "CBD-C", CENTRAL BUSINESS DISTRICT - COMMERCIAL DISTRICT
39.1 Purpose. The purpose of the "CBD-C" is to provide specifically for the
regulation of high intensity commercial uses located within the Central
Business District.
39.2 The following are permitted uses in a "CBD-C" District:
1) All permitted uses as allowed in a B-1 B-2 B-3 and B-4
District.
39.3 The following are permitted accessory uses in a "CBD-C" District:
1) All permitted accessory uses in a "B-4" District.
39.4 The following are conditional uses in a "CBD-C" District: (Requires a
conditional use permit based upon procedures set forth in and required by
Section 4 of this Ordinance).
1) All conditional uses subject to the same conditions as allowed in the
"B-4" District.
39.5 Lot Requirements and Setbacks. The following minimum requirements shall be
observed in a "CBD-C" District subject to additional requirements, excep-
tions and modifications set forth in this Ordinance.
1 Lot Area: None
2; Lot Width: None
3) Setbacks: Thirty (30) feet where abutting a residential district.
5/4/81
~z~
SECTION 40. "B-W", BUSINESS-WAREHOUSING DISTRICT
40.1 Pur ose. The purpose of the "B-W", Business-Warehousing District is to pro-
vide for the establishment of wholesale and retail trade of large volume or bu'
commercial items storage and warehousing. The overall character of the "B-W"
District is intended to be transitional in nature, thus industrial uses allowed
within this District shall be limited to those which can compatibly exist
adjacent to commercial and lower intensity activities.
4~.2 The following uses are permitted uses in a "B-W" District:
1) Radio and television stations.
2) Warehouses.
3) Governmental and public utility buildings and structures.
4) Cartage and express facilities.
5) Building materials sales.
6) Transportation terminals.
7) Wholesale business and office establishments.
*8) Indoor commercial recreation and outdoor civic events conducted by non-
profit organizations, each such outdoor event being limited to fourteen
(14) days in any calendar year.
4D.3 The following are permitted accessory uses in a "B-W" District:
1) All permitted accessory uses as allowed in a "B-4" District.
2} Semi-truck parking.
4D.4 The following are conditional uses in a "B-W" District (requires a condi-
tional•use permit based upan procedures set forth and regulated by Section
4 of this Ordinance).
1) Open and outdoor storage as a principal or accessory use, provided
that:
a) The area is fenced and screened from view of neighboring residen-
tial uses or if abutting an "R" District in compliance with
Section 9.7 of this Ordinancne.
b) Storage is screened from view from the public right-of-way in
compliance with Section 9.7 of this Ordinance.
_ c) Storage area is grassed or surfaced to control dust.
d) All lighting shall be hooded and so directed that the tight
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.
e) Does not take up parking spate as required for conformity to
this Ordinance.
f) The provisions of Section 4,1(5) of this Ordinance are considered
and satisfactorily met.
2) Open or outdoor service, sale and rental as a principal or accessory ~
use provided that:
*Amer.ded b1' ' • ~"-ce #274, Jul i . _ 124
a) Outside services, sales and equipment rental connected with the
principal use is limited to thirty (30) percent of the gross
floor area of the principal use.
b} Outside sales areas are fenced or screened from view of neigh-
boring residential uses or an abutting "R" District in compli-
ance with Section 9.7 of this Ordinance.
c) All lighting shall 6e 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.
d) The use does not take up parking space as required for conformity
to this Ordinance.
e} Sales area is grassed or surfaced to control dust.
f) The previsions of Section 4.1(5) of this Ordinance are considered
and satisfactorily met.
3) Accessory, enclosed retail, rental or service activity other than
that allowed as a permitted use or conditional use within this Section,
provided that:
a) Such use is allowed as a permitted use in a "B-1", or "B-2"
District.
b) Such use does not constitute more than thirty (3D) percent of
the lot area and not more than fifty (5D) percent of the gross
floor area of the principal use.
c) Adequate aff-street parking and off-street loading in compliance
with the requirements of Sections 12 and 13 of this Ordinance
is provided.
d) All signing and informational or visual communication devices
shall be in compliance with Section 16 of this Ordinance.
e) The provisions of Section _4.1(5) of this Ordinance are considered
and satisfactorily met.
4) .Commercial/industrial planned unit development as regulated by
Section 6 of this Ordinance.
40.5 Lot Requirements and Setbacks. The following minimum requirements shall
be observed in a 'B-W
District subject to additional requirements,
exceptions and modifications set forth in this Ordinance.
1) Lot Area: 10,000 square feet
2) Lot Width: 100 feet
3) Setbacks:
a) Front Yards: Not less than thirty (30) feet.
125
b) Side Yards:
1. Not less than twenty (20) feet on any one side, nor less
that forty (40) feet on the side yard abutting the major
street.
2. Side yards abutting residentially zoned property: Not less
than thirty (30) feet on the side yard abutting the residen-
tially zoned property, nor less than twenty (20) feet on
the other side yard.
c) Rear Yards: Thirty (30) feet.
SECTION 41. "CBD-I", CENTRAL BUSINESS DISTRICT-INDUSTRIAL DISTRICT
41.1 Purpose. The purpose of the "CBD-i" District is to provide specifically
for the regulation of manufacturing, wholesaling and warehousing uses
located within the Central Business District.
41.2 The following uses are permitted uses in a "CBD-I" District:
1) Manufacturing
2) Wholesale sales
3) Warehousing/storage
41.3 The following are permitted accessory uses in a "CBD-I" District:
1) All permitted accessory uses as alloa~ed in the "B-4" District.
41.4 the fallowing are conditional uses in a "CBD-I" District (requires a
co~~ditional use permit based upon procedures set forth and regulated by
Section 4 of this Ordinance).
i) All conditiona] uses subject to the same conditions as allowed in the
"B-W" District.
41.5 Lot Requirements and Setbacks. The following minimum requirements shall
Le observed in a 'CBD-I' District subject to additional requirements,
exceptions and modifications set forth in this Ordinance.
1) Lot Area: None
2) Lot Width: None
3) Setbacks: Five (5) feet from a property line and thirty (30) feet
where abutting a residential district.
5/4/81
126
t
SECTION 42. "I-1", LIMITED INDUSTRIAL DISTRICT
42.1 Pur ose. The purpose of the "I-1", Limited Industrial Development is to
provide for the establishment of warehousing and light industrial develop-
ment. The overall character of the "I-1" District is intended to have
an office/warehouse character, thus industrial uses allowed in this District
shall be limited to those which can compatibly exist adjacent to both
lower intensity business uses and high intensity manufacturing uses.
42.2 The following are permitted uses in an "I-1" District:
1) All permitted uses as allowed in the "B-W" District:
2 Trade School.
3) Laboratories.
4) The manufacturing, compounding, assembly, packaging, treatment, or
storage of products and materials.
5) Commercial printing establishments.
*42.3 The following are permitted accessory uses in an "I-1" District:
1) All permitted accessory uses as allowed in the "B-W" District:
2) Open and outside storage.
42.4 The following are conditional uses in an "I-1" District: (Requires a con-
ditional use permit based upon procedures set forth in and regulated by
Section 4 of this Ordinance).
I) All conditional uses as allowed in the "B-W" District.
42.5 Lot Requirements and Setbacks. The following minimum requirements shall be
observed in an "I-1' District subject to additional requirements, exceptions
and modifications set forth in this Ordinance.
1) Lot Area: 30,000 square feet
2) Lot Width: 100 feet
3} Setbacks:
a) front Yards: Not less than fifty (50) feet.
b) Side Yards:
1. Not less than ten (10) feet on any one side, nor less than
thirty (30) feet on the side yard abutting the major street.
2. Side yards abutting residentially zoned property; not less
than thirty (30) feet on the side yard abutting the resi-
dentially zoned property, nor less than twenty (20) feet
on the other side yard.
c) Rear Yards: Thirty (30) feet.
*Amended by Ordinance #184, May 4, 1981
197
r SECTION 43. "I-2", GENERAL INDUSTRIAL DISTRICT
43.1 Pur ose. The purpose of the I-2", General Industrial District is to pro-
vide for the establishment of heavy industrial and manufacturing develop-
ment and use which because of the nature of the product or character of
activity requires isolation from residential.
43.2 Application of Performance Requirements,
12 u~szrict shall show All uses provided for under the
requirements of this Ordinanceof rioratolissuance of lan wconstructionormance
P y
43.3 The followin are ~ Permit.
9 permitted uses in an I-2 District:
1) Any use permitted in the "'I-I", Limited Industrial District.
2) Automobile major repair.
43.4 The following are permitted accessory uses in an "I-2" District:
1) All permitted accessory uses allowed in an "I-1", Limited Industrial
District.
43.5 The following are conditional uses in an "I-2" District: (Requires a con-
ditional use permit based upon procedures set forth in and regulated by .
Section 4 of this Ordinance).
1) A11 conditional uses allowed in an "I-1", Limited Industrial District.
2) Storage, utilization or manufacture of materials or products which
could decompose by demolition.
3) .Refuse and garbage disposal.
4) Crude oil, gasoline, or other liquid storage tanks.
43.6 Lot Requirements an~+ Setbacks. The following minimum requirements shall be
observed in an "I-2" District subject to
tions and modifications set forth in this Ordinancenal requirements, excep-
1) Lot Area:
2) lot Width: one (1) acre
3) Setbacks: 100 feet
a) Front Yards: Not less than forty (40) feet.
b) Side Yards:
1• Not less than fifteen (15) feet on any one side, nor less
than forty (40) feet on the side yard abutting the major
street.
5/4/81
128
2. Side yards abutting residentially zoned property; not less
than forty {40) feet on the side yard abutting the residen-
tially zoned property, nor less than twenty (20) feet on the
other side yard.
c) Rear Yards: Thirty {30) feet.
SECTION 44. "ICD" INTERSTATE CORRIDOR DISTRICT
44.1 Purpose. The purpose of the Interstate Corridor District is to allow ~
flexibility, in development within areas adjacent to or impacted by
Interstate 35. As part of the City's Comprehensive Planning Process, it
has been concluded that designation of precise land uses and the geographic
definition of such areas is difficult in this unique area of the City in
view of uncertain market conditions and financing in relationship to
development potential. In order to allow property owners opportunity to
pursue the highest and best use of their land, the "ICD" Interstate Corri-
dor District has been established.
44.2 District Application.
1) The "ICD" Interstate Corridor District sf~all be applied to and super-
imposed as an overlay district in conjunction with policies established
in the Lakeville Comprehensive P]an.
2) The special requirements and performance standards imposed as part of
the "ICD" Interstate Corridor District shall be optimal and shall
serve as alternative guidelines should the owner wish to deviate
from the uses allowed in the base zoning district provisions of this
Ordinance.
44.3 Permitted Uses. The following are permitted uses within an "ICD" District:
1) Alt permitted uses allowed within the base zoning district.
44.4 The following are permitted accessory uses allowed within the "ICD" Dis-
trict:
1) All permitted accessory uses allowed within the base zoning district.
44.5 The following are conditional uses in an "ICD" District (requires a condi-
tional use permit based upon procedures set forth in .and regulated by
Section 4 of this Ordinance).
1) All conditional uses, subject to the sane conditions as allowed in the
base zoning district.
2) -All permitted, accessory, and conditional uses allowed within Sections
25-43 of this Ordinance, provided that the following conditions and
performance standards are met:
a) Development lacking public sewer and water (interim use).
*1. Minimum Lot Size of Ten (10) Acres. This minimum lot size
shall not apply to small separate parcels of record lawfully
existing prior to 7 November 1977 provided that it can be
demonstrated by means satisfactory to the City that the
smaller parcels will not result in groundwater, soil or other
contamination which may endanger the public health.
2. No sewer discharge exceeding one SAC charge unit.
3. No public utility service is required on the part of the City'
**4. Traffic generated and land capacity demands within the
capability of existing streets and I-35 with no improve-
ments required at the cost. n` the City or the public.
*A:nended by Ordinance =2ci, Fehru_:~y 19, 19~'i: _
•*Arnended by Drdinance X184, h;;r 4. 1981
5. The generation of no additional public safety needs other
than which can be handled on site.
6. The creation of no noise abatement problems which could
require public corrective action.
7. Internal and external site land use compatability and
peripheral area protections.
8. A demonstrated reuse or redevelopment potential with no
public relocation cost responsibilities.
9. The creation of no drainage or pollution problems.
10. Demonstrated environmental coinpatability.
11. High standard of architectural and aesthetic compatability
and overall acceptability and building compliance with this
Ordinance and the Uniform Building Code.
12. Provisions for energy conservation.
13. The provisions of adequate support facilities, i.e. off-
street parking, off-street loading, etc.
14. Adequate provisions for property control and maintenance.
15. Compliance with the Lakeville Comprehensive Plan-Policy
Plan/Development framework and related detailed facilities
plans.
16. The proposed use will not create fiscal problems for the
City or adversely impact the health, safety or welfare of
the community.
17. The provisions of Section 4.1(5) of this Ordinance are con-
sidered and satisfactorily met.
b) Development with public sewer and water (long term use}.
1. Public sewer and water extensions provided at the developer's
expense.
*2. Street and interstate improvements provided at the expense of
the developer, sufficient to meet the needs which are generated,
but which do not endanger traffic carrying capacity or function
of the regional system.
3. Adequate development valuation or direct contribution to
support necessary public safety expansion.
4. Provisions for necessary noise abatement on site.
5. Internal and external site land use compatibility and sufficient
peripheral area projections.
*Amended by Ordinance !{184, May 4, 1981
131
6. The creation of no drainage or pollution problems.
7. Demonstrated environmental compatability.
8. High standard of architectural and aesthetic compatability
and overall acceptability and building code compliance of
a minimum type 4 construction as defined in the Uniform
Building Code.
9. Provisions for energy conservation.
10. The provision of adequate support facilities, i.e. off-
street parking, off-street loading, etc.
11. Contribution to the community's economy and stability:
a. Preservation of the public fiscal balance
b. Expansion of the community's economic base:
i. Economic diversity
ii. Local employment opportunities
iii. Local housing opportunities and choice
c. Demonstrated fiscally sound and self-sustaining
12. Adequate provision for property control and maintenance.
13. Demonstrated compliance with the Lakeville Comprehensive
Plan-Policy Plan/Development Framework and related detailed
facilities plan.
14. The proposed use will not create fiscal problems for .the
City or adversely impact the health, safety or welfare of
the community.
15. The provisions of Section 4.1(5) of this Ordinance are
considered and satisfactorily met.
44.6 Lot Requirements, Setbacks and the Like. The following minimum require-
ments shall be observed in an "ICD" District subject to additional require-
ments, exceptions and modifications set forth in this Ordinance.
1) Uses as allowed in the base zoning district shall be subject to the
requirements specified in the applicable district.
2) Uses other than those allowed in the base zoning district shall be
subject to the requirements and performance standards established
in Section 44.5.
3) Setback requirements for uses not otherwise allowed in the base
zoning district shall meet lot setback requirements of the base
zoning district.
132
SECTION 45. "PUD", PLANPlED UNIT DEVELOPP1ENT DISTRICT
45.1 Purpose. The purpose of the "PUD", Planned Unit Development District is
to provide for the integration and coordination of land parcels as well
as the combination of varying types of residential, commercial and indus-
trial uses.
45.2 Application. All permitted, permitted accessory, or conditional uses con-
tained in Sections 25 through 43 of this Ordinance shall be treated as
potentially permitted uses within a PUD District.
45.3 Special Procedures. Whether requested as a rezoning or initially estab-
lished by City action alone, a PUD, Planned Unit Development District
shall be established and governed subject to the amendment and procedure
requirements as outlined in Section 4 of this Ordinance, plus the proce-
dures and conditions imposed by Section 6 of this Ordinance.
7/i8/80 133
SECTION 46. "FP", FLOODPLAIN OVERLAY DISTRICT
46.1 Purpose. A district to provide for the protection and preservation of
water channels and those portions of the adjoining floodplains which are
reasonably required to carry and discharge a regional flood and are sub-
ject to inundation by regional floods. (Regional flood shall be defined
according to standards established by the Pinnesota Department of Natrual
Resources and illustrated on the Lakeville Flood Insurance Rate Maps
(FIRM) effective 1 May 1979.) It is the intent or' this district to be
applied to those areas which if left unr°estricted could result in loss of
life and property, health and safety hazards, disruption of commerce,
utilities and yoverninental services, extraordinary public expenditures for
floodplain protection and relief and impairment of the tax base, all of
which adversely affect the public health, safety and general welfare. This
district is furthermore created and applied in compliance with requirements
of Minnesota Statutes, Chapters 104 anti 462 as amended. In addition,
Minnesota Regulations N.R. 85, as may be amended, shall be consulted in
administering and applying this district.
46.2 Warning and Disclaimer of Liability. This subdivision does not imply that
areas outside the "FP" Floodplain Overlay District boundaries or land uses
allowed within this District vrill be free from flooding or flood damages.
This subdivision shall not create liability on the part of the City of
Lakeville or any officer or employee thereof for any flood damages which
result from reliance on this Ordinance or any administrative decision law-
fully made thereunder.
4b.3 District Application. The "FP", Floodplain Overlay District shall be
applied to and superimposed upon all districts as existing or amended by
the text and map of this Ordinance. The regulations and requirements
imposed by the "FP", Floodplain Overlay District shall be in addition to
those established by all other districts of this Ordinance. The "FP",
Floodplain Overlay District shall be established based upon the specific
inforriation contained in the Flood Boundary, Flood way and Flood Insurance
Rate Maps and the Flood Insurance Study for the City of Lakeville. All
aforementioned official road maps and documents are hereby adopted by
reference and declared to be ari integral part of this Ordinance section.
46.4 Floodplain Subdistricts. The area within a floodplain district is further
_ divided into floodway and flood fringe. A floodway includes the channel
of a river or stream and those portions of the adjoining floodplain which
are required to carry and discharge the regional flood; a flood fringe
includes the area outside of the floodway, but subject to inundation by
the regional flood. The general floodplain district shall include those
areas designated as unnumbered A Zones on the Flood Insurance Rate htap.
46.5 Rules for Interpretation of District Boundaries. The boundaries of the
Floodplain Overlay District shall be determined by scaling distances on the
Official Zoning h1ap. 4dhere interpretation is needed as to the exact loca-
tion of the boundaries of the district as shown on the Official Zoning Map,
as for example, where there appears to be a conflict between a mapped
boundary and actual field conditions, the City Engineer shall make the
7/i8/80 134
t '
necessary interpretation. The person contesting the location of the dis-
trict boundary shall be given a reasonable opportunity to present his case
and to submit his own technical evidence if he so desires.
46.6 Permit Required. A use permit shall be required in the "f P" Floodplain
Overlay District prior to the erection, addition, or alteration of any
building structure, use or land; and prior to the change, modification, or
extension of a nonconforming building, structure or use.
1) Application and Fee. A use permit shall- be applied for from the
Zoning Administrator. Said application shall be made in duplicate
and shall include the following where applicable: plans in duplica-
tion drawn to scale, showing the nature, location, dimensions, and
elevations of the lot; existing or proposed structures, fill, or
storage of materials; and the location of the foregoing in relation
to the stream channel. An application fee of ten (10) dollars shall
be charged for each use permit and shall not be refunded.
2) Determination. Within ten (10) days after the application for a use
permit, the City Engineer shall determine whether the change, modifi-
cation, or alteration conforms to the requirements of all applicable
City and State regulations and ordinances. This time limit for deter-
mination of acceptability shall be automatically extended should
referral to, or permit from, another governmental jurisdiction be
required. The applicant shall be advised in writing of the City
Engineer's determination and findings and if acceptable, a use permit
shall be granted.
3) Performance Bond.
a) Upon approval of a use permit the City shall be provided with a
surety bond prior to the issuing of building permits or initia-
tion of work on the proposed improvements or development. Said
bond shall guarantee conformance and compliance with the condi-
tions of the use permit and the codes and ordinances of the City.
b) The surety bond shall be in the amount of the City Engineer's
and/or City Building Official's estimated costs of labor and
materials for the proposed improvements or development.
c) The City shall hold the surety bond until completion of the pro-
posed improvements or development at which time a certificate of
occupancy indicating compliance with the use permit and codes
and ordinances of the City may be issued by the City Building
Official and said bond released. The applicant shall be required
to submit certification by a registered professional engineer,
registered architect, or registered land surveyor that the
finished fill and building elevations were accomplished in com-
pliance with the .provisions of this Ordinance. floodproofing
measures shall be certified by a registered professional engi-
neer or registered architect.
5/4/81
135
F
4) Non-conforming Use. Where a non-conforming use or structure is
extended or substantially altered, the Certificate of Occupancy
shall specifically state the manner in which the nonconforming
structure or use differs from the provisions of this Ordinance.
5) Record of First Flood Elevation. The Zoning Administrator shall main-
tain a record of the elevation of the first flood (including basement)
of all new structures or additions to existing structures in the
floodplain districts. He shall also maintain a record of the eleva-
tions to which structures or additions to structures are floodproofed.
46.7 Variances and Amendments.
1) In addition to the procedures and requirements for variances and
amendments as established in Sections 3 and 5 of this Ordinance, the
Commissioner of Natural Resources shall be given at minimum a ten (10)
'day notice of any public hearing, and a review and written report must
be obtained from the Minnesota Department of Natural Resources and any
other governmental body or commission having jurisdiction for such
changes, additions or modifications affecting a "FP", Floodplain Over-
lay District. The Commissioner of Natural Resources shall be advised
in writing of all decisions made regarding variances and amendments.
2) No variance or amendment shall have the effect of allowing a pro-
hibited use within a "FP" District, permit a lesser degree of flood
protection than the established flood protection elevation, and/or
permit standards lower than those required under applicable state law.
46.8 Permitted Uses. Uses having a low flood damage potential and not obstruct-
ing flood flows shall be permitted within the "FP", Floodplain Overlay
District to the extent that they are not prohibited by any other ordinance
and are allowed within all districts which jointly apply, and provided they
do not require structure, fill, or storage of materials or equipment. In
addition, no use shall adversely affect the capacity of the channels, or
floodway of any tributary to the main stream, drainage ditch or any other
drainage facility or system. Permitted uses are limited to the following:
1) Agricultural uses such as general farming, pasture, grazing, outdoor
plant nurseries, forestry, horticulture, truck farming, sod farming,
and wild crop harvesting.
2) Residential: lawns, gardens, parking areas, and play area.
3) Industrial - Business: Loading areas and parking areas.
4) Public and private recreational uses.
46.9 Permitted Accessory Uses. None.
46.10 Conditional Uses. Rquires a conditional use permit based upon procedures
set forth in and regulated by Section 4 of this Ordinance. In addition,
the City Engineer shall determine whether the proposed conditional use
136
location is within a floodway or flood fringe area. Upon such determina-
tion, the applicable conditions, provisions and restrictions shall be
imposed. The Commissioner of Natural Resources shall be given at minimum
ten (10) days notice of the required public hearing and shall be advised
in writing of decisions made concerning any conditional use.
1) Floodway.
a) The following open space uses require accessory structures
(temporary or permanent), or fill or storage of materials or
equipment. These uses may be permitted in the Floodway District
only after the issuance of a Conditional Use Permit:
1. Uses or structures accessory to open space or conditional
uses.
2. Extraction of sand, gravel, and other materials.
3. Marinas, boat rentals, docks, piers, and water control
structures.
4. Railroads, streets, bridges, utility transmission lines,
and pipelines.
5. Storage yards for equipment, machinery, or material.
6. Placement of fill.
b) Standards for Floodway Conditional Uses.
1. No structure (temporary or permanent), fill (including fill
for roads and levees), deposit, obstruction, storage of
materials or equipment, or other uses may be allowed as a
conditional use which, acting alone or in combination with
existing or anticipated future uses, adversely affect the
capacity of the floodway, or increases flood heights. Con-
sideration of the effects of a proposed use shall be based
upon the reasonable assumption that there will be an equal
degree of encroachment extending for a significant reach on
both sides of the stream. All conditional use applications
shall be accompanied by a floodway impact statement drafted
by a registered engineer. The City Engineer shall be
responsible for submitting the proposal and application to
the Department of Natural Resources and any other govern-
mental unit having jurisdiction over the area for review
and comment.
2. fill.
a. Any fill deposited in the floodway shall be no more
than the minimal amount necessary to conduct a Con-
ditional Use. Generally, fill shall be limited to
that needed to grade or landscape for that use and
shall not in any way further obstruct the flow of
flood waters.
b. Spoil from dredging or sand and gravel operations shall
not be deposited in the floodway unless it can be done
in accordance with "a" above.
c. Such fill or other materials shall be protected against
erosion by rip-rap, vegetative cover, or bulkheading.
3. Structures.
a. Structures shall not be designed for human habitation.
b. Structures shall have a low flood damage potential.
c. Structures, if permitted, shall be constructed and
placed on the building site so as to offer the minimum
obstruction to the flow of flood waters.
i) Whenever possible, structures shall be constructed
with the longitudinal axis parallel to the direc-
tion of flood flow, and
ii) So far as practicable, structures shall be placed
approximately on the same flood flow lines as
those of adjoining structures.
d. Accessory structures shall be floodproofed in accor-
dance with the State Building Code.
4. Storage of Material and Equipment.
a. The storage or processing of materials that are in
time of flooding buoyant, flammable, explosive, or
could be injurious to human, animal, or plant life,
is prohibited.
b. Storage of other material or equipment may be allowed
if not subject to major damage by floods and firmly
anchored to prevent flotation or readily removable from
the area within the time available after flood warning.
5. Garbage and Solid Waste Disposal.
a. No conditional use permits for garbage and waste dis-
posal sites shall be issued for floodway areas.
b. There shall be no further encroachment upon the flood-
. way at existing sites.
6. Structural Works for flood Control. Structural works for
flood control such as dams, levees, dikes, and floodwalls,
shall be allowed only upon issuance of a conditional use
permit. In addition, any proposed work in the beds of
public waters which will change the course, current, or
cross-section of the waters shall be subject to the provi-
sions of Minnesota Statutes 1976, c. 105, and other appli-
cable statutes.
ioo
2) Flood Fringe.
a) Uses allowed within the floodway.
b) Conditional uses as allowed and limited to conditions imposed by
all districts which jointly apply plus as may be hereinafter
modified.
1. Residential Uses. Residences shall be constructed on fill
with the first floor or basement floor at or above the regu-
latory flood protection elevation. The finished fill eleva-
tion shall be no more than one (1) foot below the regulatory
flood protection elevation for the particular area and shall
extend at such elevation at least fifteen (15) feet beyond
the limits of any structure or building erected thereon.
Where existing streets or utilities are at elevations which
make compliance with this provision impractical or in other
special circumstances the City Engineer may authorize other
techniques for protection, provided the residence is flood-
proofed in accordance with the State Building Code.
2. Non-Residential Structures. Commercial, manufacturing, and
industrial structures shall ordinarily be elevated on fill
so that their first flood (including basement) is above the
Regulatory flood Protection Elevation, but may in special
circumstances be flood-proofed in accordance with the State
Building Code. Structures that are not elevated to above
the Regulatory Flood Protection Elevation shall be flood-
proofed to FP-1 or FP-2 classification as defined by the
State Building Code. Structures floodproofed to FP-3 or
FP-4 classification shall not be permitted.
c) Standards for flood fringe uses.
1. Residential Uses. Residences that do not have vehicular
access at or above an elevation not more than two {2) feet
below the Regulatory Flood Protection Elevation shall not
be permitted unless granted a variance by the Board of
Adjustment. In granting a variance, the Board shall specify
limitations on the period of use or occupancy of the resi-
dence.
2. Business Uses. Commercial structures generally must be con-
structed on fill with no first floor or basement floor below
the flood protection elevation. Accessory land uses, such
as yards, railroad tracks, and parking lots may be at lower
elevations. However, a permit for such facilities to be
used by the general public shall not be granted, in the
absence of a flood warning system, if the area is inundated
to a depth greater than two (2) feet or subject to flood
velocities greater than four (4) feet per second upon the
occurrence of the reginal flood.
3. Manufacturing and Industrial Uses. Manufacturing and indus-
trial buildings, structures and appurtenant works shall be
protected to the flood protection elevation. Meausres shall
be taken to minimize interference with normal plant opera-
tions especially for streams having protracted flood dura-
tions. Certain necessary land uses such as yards and
parking lots may be at lower elevations subject to require-
ments set out in paragraph 2 above. In considering permit
applications, the City Engineer shall give due consideration
to needs of an industry whose business requires that it be
located in floodplain areas.
4. Waste Treatment and Waste Disposal.
a. Mo new construction, addition, or modification to
existing waste treatment facilities shall be permitted
within the floodplain unless emergency plans and pro-
cedures for action to be taken in the event of flooding
are prepared, filed with, and approved by the Minnesota
Pollution Control Agency. The emergency plans and pro-
cedures must provide for measures to prevent introduc-
tion of any pollutant or toxic material into the flood
waters.
b. There shall be no disposal of garbage or solid waste
materials within floodplain areas except upon issuance
of a conditional use permit at sites approved by the
Minnesota Pollution Control Agency and subject to the
requirements of Section 4.
5. Flood Control Works. Establishment of flood control works
shall be subject to the provisions of Minnesota Statutes
1976, c. 105 and Section 4 of .this Ordinance.
a. The minimum height and design of any dikes, levees,
floodwalls, or similar structural works shall be based
upon the flood profile of the regional flood defined
between the structures subject to the following:
i) For urban areas, the minimum height and design of
structural works shall be at least three (3) feet
above the elevation of the regional flood or at
the elevation of the standard project flood,
whichever is greater.
iii Modifications and additions to existing structural
works shall assure that the work will provide a
means of decreasing the flood damage potential in
the area. Any existing structural work which
potentially threatends public health or safety
shall be modified or reconstructed in order to
meet the standards contained herein within a
period of one (1) year of the effective date of
this Ordinance.
b. Flood protection elevations and floodway limits which
reflect proposed measures for flood control shall not
be effective until such measures are constructed and
operative unless the proposed measures will increase
flood heights, in which event, the regulatory flood
protection elevations and floodplain limits shall
reflect the anticipated increases.
c. Detailed plans shall be submitted to the City Engineer
for any new developments placed on the floodplain land-
ward from dikes and levees. The plans must provide for
ponding areas or other measures to protect against
flooding from internal drainage.
46.11 Subdivision. All lots within the floodplain districts shall contain a
building site at or above the Regulatory Flood Protection Elevation. Ali
subdivisions shall have water and sewage disposal facilities that comply
with the provisions of this Ordinance and have road access both to the sub-
division and to the individual building sites no lower than two (2) feet
below the Regulatory Flood Protection Elevation.
46.12 Mobile Homes and Mobile Home Parks.
1) New mobile home parks and expansions to existing mobile home parks
shall be subject to the provisions placed on subdivisions by Section
46.11 of this Ordinance and Lakeville's Subdivision Ordinance.
2) Mobile homes in existing mobile home parks that are located in flood-
plain districts are non-conforming uses and may be replaced only if in
compliance with the following conditions:
a) The mobile home lies in the Flood Fringe District.
b) The mobile home is anchored with tiedowns that comply with
requirements of Minnesota Regulations MoH 450.
c) The mobile home owner or renter is notified that the mobile home
site lies in the floodplain and may be subject to flooding.
d) The mobile home park owner develops a flood emergency plan con-
sistent with the time available after a flood warning. The plan
shall be filed with and approved by the City of Lakeville.
3) Individual mobile homes not located in mobile home parks may be per-
mitted if allowed by other applicable ordinances and if they comply
with all other applicable provisions of this Ordinance.
46.13 Public Utilities, Railroads, Roads, and Bridges.
1) Public Utilities. All public utilities and facilities such as gas,
electrical, sewer, and water supply systems to be located in the
floodplain shall be floodproofed in accordance with the State Building
Code or elevated to above the Regulatory flood Protection Elevation.
2) Public Transportation Facilities. Railroad tracks, roads, and bridges
to be located within the Floodway District shall comply with Section
46.10 (1), (b), 1 and 2 of this Ordinance. Elevation to the Regula-
tory Flood Protection Elevation-shall he provided where failure or
interruption of these transportation facilities would result in danger
to the public health or safety or where such facilities are essential
to the orderly functioning of the area. Minor or auxiliary roads or
railroads may be constructed at a lower elevation where failure or
interruption of transportation services would not endanger the public
health or safety.
46.14 Procedures and Standards for Evaluating Proposed Conditional Uses.
1) Information Required. Upon receipt of an application for a Condi-
tional Use Permit for a use within the Floodplain District, the
applicant shall be required to furnish such of the following informa-
tion as is deemed necessary for the determination of the regulatory
flood protection elevation and whether the proposed use is in the
floodway or the flood fringe.
a) A typical valley cross-section showing the channel of the stream,
elevation of land areas adjoining each side of the channel,
cross-sectional areas to be occupied by the proposed development,
and high water information.
b) Plan (surface view) showing the nature, locations, dimensions,
and elevation of the lot, contours of the ground, fill; storage
of materials; floodproofing measures; the arrangement of all pro-
posed and existing structures on the site; locations and eleva-
tions of streets; existing land uses and vegetation upstream and
downstream; soil type, and the relationship of the above to the
location of the channel.
c) Profile showing the slope of the bottom of the channel or flow
line of the stream for at least five hundred (500) feet in
either direction from the proposed development.
2) Supplementary Considerations. In acting upon the Conditional Use
Application, the governing body shall consider all relevant factors
specified in Section 4 of this Ordinance in addition to:
a) The danger to life and property due to increased flood heights
or velocities caused by encroachments.
b) The danger than materials may be swept onto other lands or down-
stream to the injury of others.
c) The proposed water supply and sanitation systems and the ability
of these sytems to prevent disease, contamination, and unsanitary
conditions.
d) The susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual
owners.
e) The importance of the services provided by the proposed facility
to the community.
f) The requirements of the facility for a waterfront location.
g) The availability of alternative locations not subject to flooding
for the proposed use.
h) The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
i} The relationship of the proposed use to the comprehensive plan
and floodplain management program for the area.
j) The safety of access to the property in times of flood for ordi-
nary and emergency vehicles.
k) The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters expected. at the site.
1) Such other factors which are relevant to the purposes of this
Ordinance.
3) Conditions Attached to Conditional Use Permits. Upon consideration
of the factors listed above and the purposes of this Ordinance, the
governing body may attach such conditions to the granting of Condi-
tional Use Permits, as it deems necessary to fulfill the purposes of
this Ordinance. Such conditions may include, but are not limited to
the following:
a) Modification of waste disposal and water supply facilities.
b) Limitations on period of use, occupancy, and operation.
c) Imposition of operational controls, sureties and deed restric-
tions.
d) Requirements for construction of channel modifications, dikes,
levees, and other protective measures.
e) F7oodproofing measures, in accordance with the State Building
Code. The applicant shall submit a plan or document certified
by a registered professional engineer or architect that the
floodproofing measures ar•e consistent with the regulatory flood
protection elevation and associated flood factors for the parti-
cular area.
ld7
SECTION 47. "S", SHORELAND OVERLAY DISTRICT
47.1 Shoreland Districts. The shorelands within the City of Lakeville are here-
by designated as Shoreland districts and the requirements set forth in this
Ordinance shall govern development and other activities within these dis-
tricts. The classification of the shoreland areas shall govern the use,
alteration and development of these areas according to said classification.
47.2 District Application. The "S", Shoreland Overlay District shall be
applied to and superimposed (overlayed} upon all zoning districts as con-
tained herein as existing or ariended 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.
47.3 Boundaries. The boundaries of the Shoreland District are established
within the following distances from the ordinary high water mark of the
surfaced water depending on the size of the surface water as indicated on
the Lakeville Shoreland District Maps.
SURFACE WATER DISTANCE (FEET)*
Greater than 10 acres (Table 1) 1,000
Rivers and Streams (draining an area
greater than two square miles} 300*
* The practical distance may be less whenever the waters involved
are bounded by topographical divides which extend landward from
the waters for lesser distances and prevent flowage toward the
surface water.
The distance requirement shall be increased to the limit of the
floodplain when greater than three hundred (300) feet.
47.4 Shoreland Classification. The surface waters affected by this Section and
which require controlled development of their shoreland (shoreland dis-
trict) are shown on the map designated as the official "Shoreland Map of
the City of Lakeville" which is properly approved and made-a part of the
Ordinance and filed with the City Engineer. Surface waters generally
greater than ten (10) acres and given an identification number by the
State of Minnesota as defined in Section 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.
inn
TABLE 1
SURFACE WATER IDENTIFICATION
DNR
Identification
Number Name Classification
19-26 Lake Marion Recreational Development
19-31 Orchard Lake Recreational Development
19-27 Crystal Lake Recreational Development
19-30 Lake Kingsley Natural Environment
19-29 Lee Lake Recreational Development
19-32 Horseshoe Lake Natural Environment
70-11 Unnamed Lake Natural Environment
All rivers and streams having a total drainage area of over two (2)
square miles are classified as General Development.
47.5 Minimum Lot and Setback Requirements.
i) The following chart sets forth the minimum area setbacks and other re-
quirements of each respective. classification:
Natural Recreational General
Environment Development Development
a) Minimum lot size above normal
- high water mark
Non-sewered*
sewered, abutting lake 1 acre 20,000 sq.ft. 15,000 sq.ft.
sewered, non-abutting 20,000 sq.ft. 15,000 sq.ft. 15,000 sq.ft.
b) Lot Width**
Non-sewered 200 ft. 150 ft. 100 ft.
sewered 150 ft. 75 ft. 75 ft.
c) Setback from ordinary
high water mark
Non-sewered 200 ft. 100 ft. 75 ft.
sewered 150 ft. 75 ft. 50 ft.
d) Setback from public
streets**
Abut-ting federal,
state, or county
road 50 ft. 50 ft. 50 ft.
Abutting town or
public road 30 ft. 30 ft. 30 ft.
e) Maximum impervious
surface to Area Ratio 30 30% 30%
7/18/80 145
f) Maximum Building Height
(feet) 35 35 35
g) Side Yard Setback*** 20 ft. 20 ft. 20 ft.
h) Ordinary setback of
roads and parking
(impervious surface)
areas from ordinary
high water mark**** 50 ft. 50 ft. 50 ft.
* Lot size requirements in unsewered areas are delineated in
* Section 11.12.
Setback requirements from the ordinary high water mark shall
not apply to boathouses, piers and docks. Boathouses may be
permitted to be located. up to the ordinary high water mark
provided they shall not be used for habitation and they
shall not contain sanitary facilities. Where development
exists on both sides of a proposed building site, building
setbacks may be altered to more closely conform to adjacent
building setbacks.
Subject to regulations and exceptions as provided in Sections
' - 9, 11 and 24-44.
****Where feasible and practical, all roads and parking areas
shall meet the setback requirements established for struc-
tures in (c) above. 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 landscaping plan submitted and approved by the City Council.
2) Substandard Lot. Any lot of record filed in the office of the Dakota
County Recorder prior to 19 June 1978 which does not meet the require-
ments of 47.5(1) of this section may be allowed as a building site
provided the_ lot meets all standards of the applicable zoning use
district and subject to approval of a shoreland impact plan.
47.6 Development Regulation.
1) Landowners or developers desiring to develop land or construct any
dwelling or any other artificial obstruction 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, hereinafter 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 r,•ill be made in the natural condition of the earth,
7/7R/80 l~`'
including loss or change of earth ground cover, destruction of trees,
grade courses and marshes. 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 reloca-
tion or replanting of as many trees as 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.
I. No conditional use permit or shore]and impact plan shall be
required for the development of permitted accessory uses
within the "A-P", "R"-A", "P,-I", "R-2", "R-3", "R-4" or "R-5"
Districts.
* 2. 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 pro-
vided that such uses are constructed on standard lots and when
abutting a shoreline that a71 such uses are serviced with public
sanitary sewer, or are located on lots which are ten (10) acres
or more in size.
2) sewage and Waste Disposal. Any premises used for human occupancy
shall be provided with an adequate method of sewage disposal to be
maintained in accordance with acceptable practices.
a) Public sanitary sewer collection and treatment facilities must
be used where available, and where feasible.
b) All private sewage and other sanitary waste disposal systems
shall conform to applicable standards, criteria, rules and
regulations of Lakeville, the Minnesota Department of Health
and the Pollution Control Agency.
c) A septic tank-drain field. system shall be the only acceptable
systeri 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) Location and installation of a septic tank and soil absorption
system shall be such that, with reasonable maintenance, it will
function with a sanitary manner and will not create a nuisance,
endanger the quality of any domestic water supply, nor pollute
or contaminate any waters of the state. In Bete mining a
suitable location for Lhe system, consideration shall be oiven
to the size and shape of the lot, slopes of natural and finished
grade, soil permeability, high ground water elevation, geology,
proximity to existing or future water supplies, accessibility
for maintenance, and possible expansion of the system.
7/;;:
: .
e) No person, firm, or corporation shall install, alter, repair or
extend any individua] 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 general development lakes and strear,.s at least fifty (50)
feet from the normal high water mark.
g) Soil absorption systems shall not be allo~.red 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 four (4) 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.
h) Non-conformity. All sanitary facilities inconsistent with
requirements of this Section shall be brought into conformity
within five (5) years after the date of adoption of this
Ordinance, or discontinued 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.
3) Water Supply. Any private supply of water for domestic purposes
shall conform to 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 City Standards.
4) High Water Elevation. For lakes, ponds or flovrages, no structure,
except boat houses, piers and docks shall be placed at an elevation
inconsistent with the minimum elevation requirements of the flood-
, -plain 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 Buil-
ding Inspector. Instances where floodplain elevations are not avail-
able,. the lowest floor,. including basement, of structures shall be
at a level at leasi three (3) feet above the hichest water level.
In those instances where sufficient data on known water levels are
not available, the "ordinary high water" level will hr usrd.
7/18%80 icu
47.7 Shoreland Alterations.
1) 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) Clearcutting is prohibited, except as necessary for pacing
public roads, utilities, structures, and parking areas.
b) Natural vegetation shall be restored insofar as feasible after
any construction project.
c) Se]ective cutting of trees and underbrush is allowed as long
as sufficient cover is left to make cars and structures incon-
spicuous when vievred from the water.
2) Grading and Filling.
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 must
be approved by the Building Inspector and a permit obtained prior
to the commencement of any work thereon. The permit may be
granted subject to the conditions that:
1. No more than one-third (I/3) of the surface area of a lot
shall be devoid of vegetative ground cover at any time.
2. Temporary ground cover such as mulch shall be used and
permanent cover such as sod shall be planted as soon as
possible.
3. Methods to prevent erosion and trap sediment shall be
employed in accordance with the Lakeville Subdivision
Ordinance.
4. Fill shall not be placed in areas lower in elevation than
the normal high water mark.
- 5. Fill shall be stabilized according to accepted engineering
standards.
6. Fill shall not restrict a floodway or destroy the storage
capacity of a floodplain.
7. The maximum slope of the finished surface which slopes
toward a water body or a water course leading to such water
body shall be five (5) units horizontal to one {1) vertical.
8. No grading or filling shall be permitted within twenty {20)
feet of horizontal distance to the normal high water mark
of a water body.
149
b) Any work which will change or diminish the course, current, or
cross section of a public water must be approved by the Depart-
ment of Natural Resources before the work is begun. This
includes construction of channels and ditches, lagooning, dred-
ging of lake bottom far the removal of muck, silt or weeds, and
filling in the lake bed, including low lying marsh areas.
Approval shall be construed to mean the issuance by the Commis-
sioner of the Department of Natural Resources of a permit under
the procedures of Minnesota Statute, 1974, Section 4 and other
related statutes.
c) Excavations on shorelands where the intended purpose is connec-
ted to a public water, such as boat slips, canals, lagoons,
and harbors, shall require a permit from the E3uilding Inspector
prior to commencement of construction. Such permit shall be
obtained only after the Commissioner of the Department of Natur-
al Resources has approved the proposed connection to public
waters. Approval will be given only if the proposed work is
consistent with applicable state regulations for work in beds
of public waters.
47.8 Planned Unit Development. The Planned Unit Development provisions con-
tained in Section 6 of this Ordinance, may be utilized within a shoreland
district, provided that the following requirements are satisfactorily met.
1) Preliminary plans shall be approved by the Department of Natural
Resources prior to City approval.
2) Central sewage facilities are installed which at least meet the appli-
cable standards, criteria, rules, or regulations of the Minnesota
Department of Health and the Pollution Control Agency or the PUD
is connected to a public sanitary sewer.
3) Sufficient open space is preserved through the use of restrictive
deed covenants, public dedications, etc.
4) 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.
5) Any commercial, recreational, .community, or religious facility allowed
as part of the planned unit development conforms to all applicable
federal and state regulations including, but not limited to the follow-
ing:
f V
a) Licensing provisions or procedures.
b) Waste disposal regulations.
c) Water supply regulations.
d) Quilding codes.
e) Safety regulations.
f) Regulations concerning the appropriate use of Public Waters as
defined in Minnesota Statutes, Chapter 105.
g) Applicable regulations of the P•1innesota Environment Quality
Council.
h) Storm sewer.
6) The final PUD shall not be modified or altered in any way without
written approval from the Department of Natural Resources.
7) PUD's 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.
47.9 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
retrict 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.
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 objectives 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 compli-
ance with the purpose and intent of this Ordinance.
2) In addition to the procedures and requirements for variances as
established in Section 5 of this Ordinance, the Commissioner of Nat-
ural Resources shall be given at minimum a ten (10) day notice of
any public hearing, and a review and written report must be obtained
from the ;Minnesota Department of Natural Resources and any other
151
governmental body or commission having jurisdiction for such charges,
additions or modifications affecting a shoreland district. The
Commissioner of Natural Resources shall be advised in writing within
ten {10) days of all decisions made regarding variances.
47.10 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 6e 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.
" 152
SECTION 48. "W", WETLAND SYSTEMS
48.1 Purpose. A district relating to low lands, marshes, we t7 ands, drainage-
ways, water bodies, and water courses regulating alteration and develop-
ment of such lands and providing for the issuance of permits therefore,
and specifically to:
1) Reduce danger to the health, safety and welfai°e of the residents of
Lakeville by protecting surface and ground water supplies from the
impairment which results from incompatible land uses and alterations,
and by providing safe and sanitary drainage.
2) Restrict and control land development so it will not impede the flow
of flood water or cause danger to life or property.
3) Designate suitable land uses that are compatible with the preservation
of the natural vegetation and marshes which .are a principal factor
in the maintenance of constant rates of water flow through the
year and which sustain species of wildlife and plant growth.
4) Regulate runoff of surface waters from developed areas to prevent
pollutants such as motor oils, sand, salt and other foreign materials
from being carried directly into the nearest natural stream, lake
or other public or private waters.
5) Regulate the alteration of wetland systems to prevent excessive
pollution, increased and rapid water runoff, excessive nutrient run-
off pollution and to maintain the aesthetic appearance of the wetlands.
6) Prevent the development of structures in areas which will adversely
affect the public passage and use of creeks, marshes, law lands and
water courses within the City.
48.2 District Application.
1) The "W", Wetland Systems District shall be applied to and superimposed
(overlayed) upon all residential, co~ninercial, or industrial districts
contained herein existing or amended by the text and map of this
Ordinance. The regulations and requirements imposed by the "W"
Wetland Systems Overlay District shall be in addition to floodplain
and shoreland and those established for the district which jointly
apply. Under the joint application of districts, the more restric-
tive requirements shall apply.
2) The Wetlands Systems District within the City of Lakeville is defined
and established to include those areas which include any water course,
natural drainage system, waterbody, or wetland, that may be subject
to periodic flooding, overflow, or seasonally high water tables.
The district boundary lines shall be established at the edge of the
aforesaid areas as depicted on the Lakeville Wetland Systems Map.
48.3 Permitted Uses. The following operations and uses are permitted in the
"Wetland Systems Overlay District" as a matter of right, subject to any
other applicable code, ordinance or law:
7/18/80 153
4
1) Grazing, farming, nurseries, gardening, and harvesting of crops.
2) Sustained yield forestry and tree farms.
3) Conservation of soil vegetation, water, fish and wildlife.
4) Scientific research and educational activities that teach principles
of ecology and conservation.
5) Leisure activities such as hiking, nature studies, canoeing, boating,
camping, water-skiing, skindiving, horseback riding, field trails,
and general outdoor recreation includiny play and sporting areas
that are not inconsistent with the intent of this Ordinance.
6) Essential services.
48.4 Prohibited Uses. Except as may hereinafter be conditionally permitted, it
shall be unlawful for any person to:
1) Place, deposit or permit to 6e deposited, fill or any material inclu-
ding structures into, within or upon any atater body, water course,
or wetland, flood plain or natural drainaye system.
2) Dig, dredge, or in any other way alter or remove any material from
water bodies, water courses, wetlands, floodplains, or natural
drainage system.
3) Erect structures for human habitation.
4) Create ponds, dam or relocate any water course, or chanye the natural
drainage system.
5) Clear and/or cut trees or other vegetation.
6) Permanently store materials.
7) Erect signs.
8) Dispose of waste materials, including but not limited to sewage,
garbage, rubbish and other discarded materials.
48.5 Development Regulations.
1) Land owners or developers desiring to develop land or construct any
dwelling or any other artificial obstruction on land located within
any of the wetlands district within the City of Lakeville shall first
submit a conditional use permit application as regulated in Section 4
of this Ordinance and a plan of development, hereinafter referred to
as a "wetland systems impact plan", which shall set forth proposed
provision 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
7/18/80 154
disclose what, if any, chance will be r;ade in the natural condition
of the earth, including loss or change of earth ground cover, destruc-
tion of trees, grade changes and its effect, if any, upon lakes,
streams, water courses and marshes, lowlands and wetlands in the area.
The plan shall minimize tree removal, ground cover change, loss of
natural vegetation, and grade changes as much as possible, and shay
affirmatively provide for the relocation or replanting of as many
trees as possible which are proposed to be removed. The purpose of
the wetland systems impact plan shall be to eliminate as much as
possible potential pollution, erosion and siltation.
2) High 4later Elevation. For lakes, ponds or flog,ages, no structure,
except boat houses, piers and docks, shall be placed at an elevation
such that the lowest floor, including basement floor, is less than
three (3) feet above the highest knovan water level. In those in-
stances where sufficient data on known high o-rater levels are not
available, the elevation of the line of permanent shoreland vegeta-
tion shall be used as the estimated high water elevation. When fill
is required to meet this elevation, the fill shall be allowed to
stabilize, and construction shall not begin until tiie property has
been inspected by the Building Inspector.
7/18/80
155
SECTION 49. ENFORCEMENT AND PENALTIES
49.1 This Ordinance shall be administered and enforced. by the Zoning Administra-
tor who is appointed by the City Council. The Zoning Administrator may
institute in the name of the City of Lakeville any appropriate actions
or proceedings against a violator as provided by statute, charter or
ordinance.
49.2 Any person who violates any of the provisions of this Ordinance shall,
upon conviction thereof, be fined not more than the maximum penalty for
a misdemeanor prescribed under state law. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTIOiI 50. EFFECT
This Ordinance shall take effect and be in force from and after its
passage and publication according to law, passed Ey the City Council of
the City of Lakeville this nth day of sUly 1980
CITY OF LAKEUILLE
'v Gordon Le son, ayor
ATTEST:
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Patrick E. McGarvey, City erk
iN
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PUBLIC NOTICE
�YOORD NANCE E NUMBER �7 TA
AN ORDINANCE ESTABLISHING AN UPDATED
ZONING
ORDINANCE ORDINANCE MAP POR THE CITY OF ZONING
LAKEVILLE, MINNESOTA
LA�I CITY COUNCIL
ECSC RDAI:THE CITY OF
SECTION 1. TITLE AND APPLICATION
1.1 TNI. This Ordinance shall be known as
the "Lakeville Zoning Ordinance" except as
referred to herein, where it shall be known
as "this Ordinance" • The intent of this Or-
dinance Intent is to protect the public health, safety
and general welfare of through the establishe ment of
and
its peopleregulations in regard to location,
minimum
erection, construction, alteration and use of
structures and land. Such regulations are
established to protect such useer deas; to lro-
mote orderly develop t errd redevelop-
ment; to provide adequate light, t prevent of access to property;
toto t
congestion in the public right-of-way;
pre-
vent overcrowding of land and undue con-
centration of structures by regulating land,
building, yards and density of population; to
provide for compatability of different land
uses; to provide for administration of this
Ordinance, to provide for amendments; to
prescribe penalties for violation of such
regulations; and to define powers and duties
of the City staff, the Board of Adjustment
and Appeals, the Planning Commission, and
the City Council in relation to the Zoning Or-
dinance.
r-
dr[1.3 R�� to Comprehensive Municipal Plan.
It is the policy of the City of Lakeville that
the enforcement, amendment, and ad-
ministration of this Ordinance be ac-
complished with due consideration of the
recommendations contained in the City
Comprehensive Plan as developed and
amended from time to time by the Planning
Commission and City Council of the City.
The Council recognizes the City mpeh n -
sive Plan as the Policy for responsibility
to
regulate land useanddand development
here
dance with the policies
in
set forth. Requirement. Where the condi-
1.4 imndard, d by any provision of this Or-
dinance
ice ar ee
dipance are either more or less reserictivby
ti than comparable conditions
a im oby
0
other ordinance, rule or reg on the Ci-
i-
42)ItY, the ordinance, rule or regulationsuch
'u co imposes the more restrictive condition,
ant shall prevail.
IV on the same: nn.a h:.,�..:.._r .. ■. .::.- _.
titular property, building, or other strut- ori lleaidential and nunsifl�tiausea
lure such judgmon' affectap-I
all surface waterrunof1.
lication of said p
Inoue to any ether Pm" 109•) NMural Obsnvdlon. Means any rot,
pp y building m cure not specifioal tree, gravel or analogous natural mai
1 included in said j meat. that is an obstruction and has been locates..
110 Authority. This Ordinance is enactedwithin a waterbody, watercourse, or
pursuant to the authority Branted by wetland by a non -human cause.
Muni pal Planning Act, Minnesota St9tutea 110) Non -Conforming Structure or Usa. Any
Section ,182 351 to 462.381. lawfully established structure or use
1 1.11CompoltobM'golds■,The Cuncilits' winch on the
effective date of this Or-
, tends this Ordinance to be a compreh dinance does not conform to the applicable
revision to Ordinance No. 42 of the City' as conditions if the structure or use was to be
amended. Any act done, offense committed' erected under the' guidance of this Or -
or rights accruing or accrued, or HAMMY, dinance.
I
penalty incurred or imposed prior to the of 111) Nee. High Warm Mork. A continuous
festive date of this Ordinance is not affected mark of reference at an elevation where
by its enactment. O 88 amended' land and water meet for some period of
112 Repeat record; is commonly that point where the
of the City ofLakevilleishereby repealed natural vegetation changes from
SECTION 2. RULES AND DEFINITIONS predominantly aquatic to predominantly
2.1 Rains. The language set forth in the text terrestrial.
of this Ordinance shall be interpreted in ac- 112) Nursing Rome (Rest Hume). A building
cordance with the following rules of con'having accommodations where care is
st action:
number includes thep�mr df or agedtwo convalescent2) or re ornvalids, in-
physi ally
1) The singular
plural, and the plural the singular• fisabled persons that are not of the im-
2) The present tense includes the past andned!ate family; but not including
.he Future tenses, and the future the pre- los clinics, sanitariums, or similar The word ,,shair,
the word "may" is permissive.
13 ) Obstruction Floodp
uipme.
P. wh
" dis
s a
n u
a are
dard, or requirement
1.5 In their interpretation and application,
the provisions of this Ordinance shall be held
to the minimum requirements for the promo-
tion of the public health, safety and welfare.
structure shall be erected, con-
enbankment,
at
41
4) fisc masuline gonper u..+.a /harf,aenbank levee road, dike,
feminineandneuter. ile, abutment Ilion, excavation,
5) Whenever a word or term definedt.,rectification, culvert, building,
hereinafter appears in the text of sire, fence, stockpile, refuse, fill, deposit,
dinance, its meaning shall be cone caring of trees or vegetation, structure
set forth in suchdefrnitionthereof• to• matter in, along, across, or projecting,
6) All measured distances expressed whole or in part, into any floodplain.
feet shall be the nearest tenth of a foot.
4) Off Street Loading Space. A space ac -
2 2 paflnilteno The following words and,$)from the street, alley or way, in a
terms, wherever they occur in this Or-iilding or on the lot, for the use of trucks
I dinance, shall be interpreted as herein defin »le loading or unloading merchandise or
ed: aterials.
1) Abutting, Making contact with or;) Open Sales Lot. Any open land used or
separated only by public thoroughfare,
upied for the purpose of buying, selling
railroad, public utility right-of-way d/or renting merchandise and for the
navigable waters; ring of same prior to sale.
2) Accessory Building or User A subordinate) Out -Patient Care. Medical examination
building or use which is located on the service available to the public in a
same lot on which the main building or use
iter(. This service is provided without
is situated and which is reasonably night care and shalbe considered a
necessary and incidental to the conduct
independent, principal use when
the primary use of such building ibined or operated in conjunction with
use• ant of an'spital.
3) ,t��. A physical enlargement Overburden. The earth, rock and other
existing structure.
errata that lie above a natural deposit
4) Agriculture Uses. Those uses commonly ineral.
farmsat leer with growing dC pduce on
farming; Parting Romp. An accessory structure
fruit growing; tree, plant' cies atned , below and/or aboved used for the grade.
rade.e of otor
pasture
or flower nursery without building;
Parking below An area, enclosed in the
shrutruck gardening; roadsides and for isa; i building, in an accessory building, or,
season of products grown closed,le in
sufficient in size to store one
and livestock raising and feeding, but not utomobile, which has adequate access
eq
including fur farms, commercial animal public street or alley and permitting
fcedlots,andkennels. artery ingress and egress of an
5) Airport. The Airlake Industrial Park Air•
'' or)IA •
verted, enlarged, reconstructed or alte
mad and no structure or land shall beer u!�s not ifor n
fled purpose nor in any provisions of this Or -
44) conformity with the p
Or -
1 for i dinance. no building,
q1.7 Except as herein provided,
area structure or premises shall hereafter be us
,i tare i ed a ed or occupied and no building permit shall
i 45) t1be granted that does not conform to the re-
face I I quirements of this Ordinance.
ffi 1.8 Um Not Provided for Within Zoning
a 46) q' Districts. Whenever in any zoning ed nor
1 di ,use is neither specifically pe
arares denied, the use shall be considered pro -
1 exce
hibited. In such cases the City Council or the
ip Planning Commission, on their own in -
i. or )r itiative or upon request, may conduct a
i 48) B D study to determine if the use is acceptable
i wale and if so what zoning district would be most
d the determination as to con-
r 49)
whic
auto
, recei
cha
, cons
50)
desig
cupan ;
family Cii o Separability. It is hereby declared to be
City that the several pro -
appropriate an to develop-
ment
and standards relating to
Planning
ment of the use. The City
Commission or property owner, upon areceipt
of the staff study shall, if appropriate, in-
itiate an amendment to for thepB Zoning
c mat iOis-
dinance to provide
under consideration or shall find that
hin use
e
is not compatible for development
w
nobile.
Port Permitted Use. A use which may be
pr Allay, A public or private right of -way sly established in a particular district
primarily designed to serve as secondary';rias, provided it conforms with all
access to the side or rear of those proper -ements, regulations, and perfor-
tieswhose principal frontage is on a street' a standards (if any) of such districts.
ividual,
a) DomesticHHouse put. For Purposes of issociationncorporationror orpartner-
7)anzer-
this Ordinance, a domestic house pet any kind.
shall be defined as those animals such as •loci I Usa. The main use of land or
dogs, cats and birdsrin Iii ll ern et con-
igs as distinguished from subor-
hough uthin a the entire year, providednayor be either permitted essory uses. A principal
that containment can be accomplished
without special modification to said Mak Uses. Uses owned or operated by
structure requiring a building f rrnrr pal, school districts, county, state,
from the stty nu Lakeville. r governmental units.
h) p�pNo-, chi Cattle, hOBa ho�biic Waters. Any waters of the State
sheep, goats, chickens, turkeys,
inerve a beneficial public purpose, as
and other commonly accepted farm' Minnesota Statutes 1974, Section
animals. NnpGAllanimalsunabletofit Subdivision 6, not including,
the definition of domestic house petr, a lake, pond or flowage of less
(10) acres in size or a river or
protected,having a total drainage area less
animal, including any "protected"n
zed as a farm ° (2) square miles. In addition,
animal species or others not
and not commonly recognized
"Pro 4water created by private users,
animal in the State of Minn lection here was no previous shoreland
tested" shall be construed as praass°dctmbe esignated private use authorized
in time or manner of taking, Commissioner of Natural
in Minnesota State Statutes, Chapter es) shall also be considered not
97,40, aters. The official determination
.8) is .n!• A room or suite of rooms .
ize and physical limits of the
which is designed for, intended e fr�oi areas of rivers and streams shall
copied as a residence by a sing( by the Commissioner of Natural
an individual, and is equipped with cook- s. 'The official size of lakes,
ing f acilities. Includes dwelling unit and flowages shall be the areas listed
efficiency unit. As.m.Alllandsurface�ivision of Waters, Soils and
9) Aguilar by nature of their surface Bulletin 25, An Inventory of Min -
areas which by ekes, or in the event that lakes,
lowages are not listed therein, of -
and/or subsurface soil characteristics are
lireplenish-
11
leniah ,rmination of size and physical
determined to contribute to th
meet of subsurface water Aripy obstruction 11 be made by the Commissioner
10) Artificial
aatru„a obstruction (see'ti°ti with the City of Lakeville.
,. -- n -
not in
houses
51) Ow
design
, units e
(3) or
of eac
main e
52) ow
design -
(1) fami
a) A
the intention o...�
visions of this Ordinance are separable m ac -
1
i cordance with the following: jurisdiction
1) H any court of competent j
shall adjudge any provision of this Or-°
dinance to be invalid, such judgment shall,
not affect any other pro ions odtinssaid
Or-
dinance not specs
t.
2)) onany court, of competent- jurisdiction
shall adjudge invalid the application of
anv provision of this Ordinance to a par-
: I:
int line. or within ten (10) feet of its _
143) Use. Tide purpose or activity for which
the land or building thereon is designated,
arranged, or intended or for which it is oc-
cupied, utilized or maintained, and shall
include the performance of such activity
as defined by the performance standards
of this Ordinance.
144) Useable Open Space. A required ground
area or terrace area on a lot which is grad-
ed, developed,landscaped and equipped
and intended nd maintained for either ac-
tive or passive recreation or both,
available and accessible to and useable by
all persons occupying a dwelling unit or
rooming unit on the lot and their guests.
Such areas shall be grassed and land-
scaped or covered only for a recreational
purpose. Roofs, driveways and parking
areas shall not constitute useable open
space.
145) Variance. The waiving by Board action
of the literal provisions of the Zoning Or-
dinance in instances where their strict en-
forcement would cause undue hardship
because of physical circumstances unique
to the individual property under considera-
tion.
146) Vegetation. Means the sum total of
plant life in some area; or a plant com-
munity with distinguishable charac-
teristics.
147) WMarbody. Means a body of water
(lake, pond) or a depression of land or ex-
panded part of a river, or an enclosed
basin that holds water and surrounded by
land.
148) Watercourse. Means a channel or
depression through which water flows,
such as rivers, streams, or creeks, and
may flow year-round or intermittently.
149) Watershed. The area drained by the
natural and artificial drainage system,
bounded peripherally by a bridgeor
stretch of high land dividing drainage
areas.
150) Wetlands. An area where water stands
near, at, or above the soil surface during a
significant portion of most years,
saturating the soil and supporting a
predominantly aquatic form of vegetation,
and which may have the following char-
acteristics:
a) Vegetation belonging to the marsh
(emergent aquatic(, bog, fen, sedge
meadow, shrubland, southern lowland
forest (lowland hardwood), and nor-
thern lowland forest (conifer swamp)
communities. (These communities cor-
respond roughly to wetland types 1, 2, 3,
4, 6, 7 and 8 described by the United
States Fish and Wildlife Service, Cir-
cular 39, "Wetlands of the U.S. 1956").
b) Mineral soils with gley horizons or
organic soils belonging to the Histosol
order (peak and much).
c) Soil which is water logged or covered
with water at (east three (3) months of
the year.
Swamps, bogs, marshes, potholes, wet
meadows, and sloughs are wetlands, and
such property, may be shallow water -
bodies, the waters of which are stagnant or
actuated by very feeble currents, and may
at times be sufficiently dry to permit
tillage but would require drainage to be
made arable. The edge of a wetland is
commonly that point where the natural
vegetation changes from predominantly
aquatic to predominantly terrestrial.
151) Yard An open space on the lot which is
unoccupied and unobstructed from its
lowest level to the sky. A yard extends a lot
line at right angles to such lot line to a
depth or width required in the yard regula-
tions for the zoning district in which such
lot is located.
152) Yard, Foram, That area extending along
the full length of a front lot line between
side lot lines and to the depth required in
the yard regulations for the district in
which it is located. In the case of a corner
lot abutting one or more major roads, both
yards shall be considered front yards. A
major road is any road that is of a collector
designation or greater.
153) Yard, Rem. A yard extending across
the full width of the lot and lying between
the rear line of the lot and the nearest line
of the principal building.
154) Yard, Required. That distance specified
in the yard requirements pertaining to set-
backs. Setbacks and required yards are
used interchangeably.
155) Yard, Side. A yard between the side line
of the lot and the nearest line of the prin-
cipal building and extending from the front
lot line of the lotto the rear yard.
SECTION 3. . ADMINISTRATION -
A 114ri•MT16NWNTC