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CITY OF LAKEVILLE
DAKOTA COUNTY, I~IINIVESOTA
ORDINANCE NO. 122
AN ORDINANCE AMENDING ORDINANCE NO. 42, BEING THE ZONING
ORDINANCE OF THE CITY OF LAKEVILLE.
The City Council of Lakeville ordains as follows:
Section 1. That Ordinance No. 42 be amended by adding the
following provisions to Section 3.2:
(86) Clear-cutting. The removal of an entire stand of trees.
(87) Ordinary High Water Mark. A mark delineating the highest water
level which has been maintained for a sufficient period of time
to leave evidence upon the landscape. The ordinary high water
mark is commonly that point where the natural vegetation changes
from predominantly aquatic to predominantly terrestrial.
(88) Public Waters. Any waters of the State which serve a beneficial
public purpose, as defined in Minnesota Statutes 1974, Section
105.37, Subdivision 6, not including, however, a lake, pond or
flowage of less than IO acres in size or a river or stream having
a total drainage area less than two square miles. In addition,
bodies of water created by private users, where there was no
previous shore land (for a designated private use authorized by
the Commissioner of Natural Resources) shall also be considered
not public waters and thus exempt from the provisions of this
Ordinance amendment. The official determination of the size and
physical limits of drainage areas of rivers and streams shall be
made by the Commissioner of Natural Resources. 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
are not listed therein, official determination of size and physi-
cal limits shall be made by the Commissioner in cooperation with
the City of Lakeville.
(89) Public Waters - General Development (GD). Those waters whose
shores are generally characterized by industrial, commercial or
high density residential development.
(90) Public Waters - Recreational Development (RDj. Those waters
whose shores are generally characterized by medium density resi-
dential development with or without limited service-oriented
commercial development.
(91) Public Waters - Natural Environment (NE). Those waters whose
shores are generally characterized by low density, single-family
residential development. -
Section 2. That Ordinance No. 42 be amended by amending
Section G.1 to read as follows:
6.1 Districts
For the purposes of this Ordinance, the City of Lakeville is
hereby divided into the following Use Districts and groups of
Use Districts:
"R" RESIDENTIAL DISTRICTS
"R-lA" One Family Residential District
"R-1B" One Family Residential pistrict
"R-1C" One Family Residential District
"R-1D" One Family Residential District
"R-2" Two Family Residential District
"R-3A" Multiple Residential District
"R-3B" Multiple Residential District
"R-3C" Multiple Residential District
"R-3D" Mobile Home Park District
"FR" Farm Residence District
"B" BUSINESS DISTRICTS
"B-1" Limited Business District
"B-2" Neighborhood Business District
"B-3" Central Business District
"B-4" Shopping Center District
"B-5" Shopping Center District
"I" INDUSTRIAL DISTRICTS
"I-lA" Industrial Park District
"I-1B" Limited Industry District
"I-2" General Industry District
SPECIAL DISTRICTS
"PUD" Planned Unit Development District
"S" Shoreland District
All reference in this Ordinance to "R", "B" and "I" Districts
shall refer to the Use District groups as set forth, and
reference to specific Use Districts shall be by reference to
the individual districts listed above as "R-lA" and so forth.
Section 3. That Ordinance No. 42 be amended by adding
Section 24.B to read as follows:
Section 24.8 "S" SHORELAND DISTRICT
24.8.1. Purpose. The purpose of the Shoreland District is to provide
oar adequate regulation over the development of shorelands
to insure that areas particularly sensitive to development
due to wet soils, steep slopes, flooding, inadequate drainage,
or severe erosion potential, etc. will be protected from
incompatible and overly intensive land use development.
24.8.2. Shoreland Districts. The shorelands within the City of Lake-
ville are hereby designated as shoreland districts and the
requirements set forth in this Section shall govern development
and other activities within these districts. The classification
of the shore land areas shall govern the use, alteration and
development of these areas, according to said classification.
24.8.3. District Application. The "S" Shoreland District shall be
applied to and superimposed upon all zoning districts as con-
tained herein as existing or amended by the text and map of
this Ordinance. The regulations and requirements imposed by
the "S" Shoreland District shall be in addition to those estab-
lished for districts which jointly apply. Under the joint
application of districts, the more restrictive requirements
shall apply.
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24.B.4. Boundaries. The boundaries of the shoreland district are es-
tablished within the following distances from the ordinary
high water mark of the surface 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 to-
ward the surface water.
**The distance requirement shall be increased to the limit of
the flood plain when greater than 300 feet.
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 square
miles are classified as General Development.
24.B.5. Minimum Lot and Setback Requirements.
(1) The following chart sets forth the minimum lot area,
building setbacks and other requirements of each respec-
tive classification.
NE RD GD
(a) Minimum lot size above
ordinary high water mark
Non-sewered 5 acres 5 acres 5 acres
sewered, abutting lake 1 acre 20,000 15,000
sq. ft. sq. ft.
sewered, non-abutting 20,000 15,000 15,000
sq. ft. sq. ft. sq. ft.
(b) Lot Width**
Non-sewered 200 ft. 200 ft. 200 ft.
sewered 125 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**
Abutting federal, state
or country trunk
- 3-
highway 50 ft. 50 ft. 50 ft.
Abutting local street 30 ft. 30 ft. 30 ft.
(e) Maximum Impervious
Surface to Area Ratio 300 30~ 30&
(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.
*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 Section 4 and 7
through 24 and 25.
***Where feasible and practical, all roads and parking areas shall meet
the setback requirements established for structures 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 Register of Deeds on the effective
date of this ordinance amendment which does not meet
the area requirements of 24.B.5(1) of this section
may be allowed as a building site provided the lot
meets all standards of the applicable zoning use dis-
trict and subject to approval of a shoreland impact
plan.
24.B.6. Development Regulation.
(1) Landowners or developers desiring to develop land or
construct any dwelling or any other artificial obstruc-
tion on land located within any shoreland district
within the City of Lakeville shall first submit a
conditional use permit application as regulated by
Section 5 of this Ordinance and a plan of development,
hereinafter referred to as "shoreland impact plan",
which shall set forth proposed provisions for sedi-
ment control, water management, maintenance of land-
scaped 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 will be made in the natural condition of
the earth, 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 relocation or replanting of as many trees as
-4-
possible which are proposed to be removed. The pur-
pose of the shoreland impact plan shall be to eliminate
as much as possible potential pollution, erosion and
siltation.
(a) Exceptions.
1. No conditional use permit or shoreland impact
plan shall be required for the development of
permitted accessory uses contained within the
"FR", "R-lA, B, C, D,"'Or "R-Z" D1Str1CtS.
2. No conditional use permit or shoreland impact
plan shall be required for the development of
permitted uses contained within the "FR", "R-
lA, B, C, D," and "R-2" Districts provided
that such uses are constructed on standard
lots when abutting a shoreline and that all
such uses are serviced with public sanitary
sewer.
(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 dis-
posal systems shall conform to applicable standards,
criteria, rules and regulations of Lakeville, the
PQinnesota Department of Health and the Pollution
Control Agency.
(c) A septic tank-drain field system shall be the
only acceptable system 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 in a sanitary manner
and will not create a nuisance, endanger the quality
of any domestic water supply, nor pollute or contami-
nate any waters of the state. In determining a suit-
able location for the system, consideration shall be
given to the size and shape of the lot, slope of
natural and finished grade, soil permeability, high
ground water elevation, geology, proximity to exist-
ing or future water supplies, accessibility for
maintenance and possible expansion of the system.
In no case shall the sewage system elevation above.
highest ground water level or bedrock be less than
four (4) feet.
(e) No person, firm or corporation shall install, alter,
repair or extend any individual sewer disposal sys-
tem without first obtaining a permit therefor from
the City of Lakeville for the specific installation,
alteration, repair or extension.
-5-
(f) Placement of septic tank soil absorption systems
shall be subject to the following setback require-
ments where soil conditions are deemed adequate:
1. On natural environment lakes at least one
hundred fifty (150) feet from the ordinary
high water mark.
2. On recreational development lakes at least
seventy-five (75) feet from the ordinary
high water mark.
3. On general development lakes and streams
at least fifty (50) feet from the ordinary
high water mark.
(g) Soil absorption systems shall not be allowed 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 system.
3. Areas of ground slope which create a danger
of seepage of the effluent onto the surface
of the ground.
(h) Nonconformity. All sanitary facilities inconsistent
with requirements of this Section shall be brought
into conformity within five (5) years after the date
of adoptiom of this Ordinance amendment, or discon-
tinued 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 A4innesota 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 flowages, 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 Building Inspector. Instances where flood plain
elevations are not available, the lowest floor, including
basement, of structures shall be at a level at least three
(3) feet above the highest water level. In those instances
where sufficient data on known water levels are not avail-
able, the "ordinary high water" level will be used.
(5) Erosion and Sedimentation Control. No structure shall be
placed in any area which will require grading and/or filling
which will result in impairment of public waters by reason
-6-
of erosion and sedimentation, violate provisions of State-
wide Standards and Criteria for Management of Flood Plain
Areas of Minnesota, or result in impairment of fish or
acquatic,,life,
24.B.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 placing public roads, utilities, structures,
and parking areas.
(b) Natural vegetation shall be restored insofar as
feasible after any construction project.
(c) Selective cutting of trees and underbrush is
allowed as long as sufficient cover is left to
make cars and structures inconspicuous when viewed
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 (1/3) 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. I~lethods to prevent erosion and trap sediment
shall be employed in accordance with the Lake-
ville Subdivision Ordinance.
4. Fill shall not be placed in areas lower in ele-
vation than the ordinary 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 flood plain.
7. The maximum slope of the finished surface
which slopes toward a water bory or a water
course leading to such water body shall be
six (6) units horizontal to one (1) vertical.
S. No grading or filling shall be permitted within
Twenty (20) feet of the ordinary high water mark
of a water body.
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(b) Any work which will change or diminish the course,
current, or cross section of a public water must
be approved by the Department of Natural Resources
before the work is begun. This includes construction
of channels and ditches, lagooning, dredging of lake
bottom for the removal of muck, silt or weeds, and
filling in the lakebed, including low lying marsh
areas. Approval shall be construed to mean the
issuance by the Commissioner of the Department of
Natural Resources of a permit under the procedures
of Minnesota Statutes, 1974, Section 105.42 and other
related statutes.
{c) Excavations on shorelands where the intended purpose
is connection to a public water, such as boat slips,
canals, lagoons, and harbors, shall require a permit
from the Building Inspector prior to commencement of
construction. Such permit shall be obtained only
after the Commissioner has approved the proposed
connection to public waters. Approval will be given
only if the proposed work is consistent with applica-
ble state regulations for work in beds of public
waters.
24.8.8. Planned Unit Development. The Planned Unit Development pro-
visions contained in Section 4.18 of this Ordinance may be
utilized within a shoreland district provided that the follow-
ing 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 applicable standards, criteria, rules, or regu-
lations 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) Levels and types of water surface use and public
access.
(e) Amount and ownership of undeveloped shoreland.
(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 following:
(a) Licensing provisions or procedures.
-8-
(b) Waste disposal regulations,
(c) Water supply regulations.
(d) Building codes.
(e) Safety regulations.
(f) Regulations concerning the appropriation and use
of Public Waters as defined in Minnesota Statutes,
Chapter 105.
(g) Applicable regulations of the Minnesota Environmental
Quality Council.
(h) Storm sewer.
(6) The final PUD plan 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.
24.B.9. Variances. Variances may be granted by the City Council upon
application as required in Section 5 of this Ordinance in extra-
ordinary cases, but only when the proposed use is determined to
be in the public interest. No variance shall be granted which
the Council determines will or has a tendency to:
(1) Result in the placement of an artificial obstruction which
will restrict the passage of storm and flood water in such
a manner as to increase the height of flooding.
(2) Result in incompatible land uses or which would be detri-
mental to the protection of surface and ground water
supplies.
(3) Be not in keeping with land use plans and planning objec-
tives for the City of Lakeville or which will increase or
cause danger to life or property.
(4) Be inconsistent with the objectives of encouraging land
use compatibility with and preservation of natural land
forms, vegetation and other environmental assets, such as
marshes and wetlands within the City of Lakeville.
(5) 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 compliance with the purpose and intent of this
Ordinance.
24.B.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 ability to obtain the approval
required by any other statute, ordinance or legislation of
any state agency or subdivision thereof..
-9-
t
Section 4. That Ordinance No. 42 be amended by deleting
in their entirety Section 4.31 and Section 4.33.
Section 5. This Ordinance shall be effective upon its
publication.
Adopted this 19th day of June , 1978.
CzTY OF KEVILLE
B ~
Gordon Lelcson, Mayor
ATTES `
C
Pa rick E. McGarve , City C rk
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA.
ORDINANCE NO. 122
AN ORDINANCE AMENDING
ORDINANCE NO. 42; BEING THE
ZONING ORDINANCE OF THE
CITY OF LAKEVILLE. ` ,
The City Council of Lakeville ordains
as follows:
Section I. That Ordinance No. 42
be amended by adding the following
provisions to Section 3.2:
(86) Clear -cutting. The removal of
an entire stand of. trees.
(87) Ordinary High Water Mark.
A mark delineating the highest water
level which has been maintained for a
sufficient period of time to leave
evidence upon the ' landscape. The
ordinary high water mark is com-
monly that point where the natural
vegetation changes from
predominantly aquatic to
predominantly terrestrial.
The Lakeville Times
(Affidavit of Publication)
Box K
Lakeville, Mn. 55044
STATE OF MINNESOTA
11 Y OF DAKOTA SS
elmann, being duly sworn, on oath says he is and during all times
d has been the publisher and printer of the newspaper known as THE
E TIMES and has full knowledge of the facts herein stated as follows:
Shoreland DistrC wspaper is printed in the English language in newspaper format and
adequate re nd sheet form equivalent in printed space to at least 900 square inches.
development of
that areas ::p
g ewspaper is a weekly and is distributed at least once each week.
wspaper has 50% of its news column devoted to news of local interest
munity which it purports to serve and does not wholly duplicate any
developmennt • cation and is not made up entirely of patents, plate matter and adver-
slopes, floo
drainage, orsev patible and (4) Said newspaper is circulated in and near the municipality which it
to serve, has at least 240 copies regularly delivered to paying
-` etc: 'will be p c s, has an average of at least 75% of its total circulation currently paid or
Ove han three months in arrears and has entry as second class -matter in
development. ;
st - office. (5) Said newspaper purports to serve the Village of Lakeville
my of Dakota and it has its known office of issue in the City of Lakeville in
24.cB2 -Shore' y' established and open during its regular business hours for the gather-
s, sale of advertisements and sale of subscriptions and maintained by
sho.relands her or persons in his employ and subject to hs direction and control dur-
Lakeville are ich regular business hours and at which said newspaper is printed.
Shoreland newspaper files a copy of each issue immediately with the
requirements s torical Society. (7) Said newspaper has complied with all the foregoing
shall govern d s for at least two years preceding the day or dates of publication
activities .withi d below. (8) Said newspaper has filed with the Secretary of State of
classification ` ' a prior to January 1, 1966 and each January 1 thereafter an affidavit • in
shall govern t. rescribed by the Secretary of State and signed by publisher of said news -
development nd sworn to before a notary public stating that the news -
ding to Said cl legal newspaper. (9) Said newspaper was on May 20, 1965 qualified as a
of official and legal publication and has continually. thereafter met the
conditions. �rt -�''n
ther states on oath that the printed 1 U t `t . I
hereto attached as a part hereof was cut from the columns of
spaper, and was printed and published therein in the English language,
ch week Q1\C.Q successive weeks that was first so
•
24.B.3. Dist~
"S" . Shorelanc
plied to and
zoning distric
as existing of
and map of.
regulations
posed by they
shall be ir�
established fd
apply. Underereafter
d on
Wednesday
the
day of 19_ and that
} printed and published on every Wednesday to and
� in-
cluding the I ( day ofh , 19 t'Yand
that the following is a printed copy of the lower case alphabet fromA to Z.
both inclusive, and is hereby acknowledged as being the size and kind of type
used in the composition and publication of said notice, to - wit:
abcdefghijklmnopqrstuvwxyz
Subscribed and
sworn to before me this IL' day of
CYNIT IM.S4WEEN
AI NDTARY PNIIC - MINNESOTA
DAKOTA COUNTY
•••• My Commission Expires May 24. 1985
,19
'NOTARY Public, Dakota County. Mn.
My Commission expires