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ORDINANCE NO. _ 184
CITY OF LAKF.VILLE
DAKOTA COUNTY, MINNF50TA
AN ORDINANCE AMENDICJG ORDINANCE N0. 167,
BEING THE ZONING ORDINANCE OF THE CI'PY OF L,AKF:VILLE
The City Council of Lakeville ordains as follows:
Section 1. That Ordinance No. 167 is hereby amended by amending
Section 44.5 2)a)4 to read as follows:-
Traffic generated and land capacity demands withir. t;he capability
of existing. streets and I-'.3~i with no improverents required at the
cost of the City or the public.
Section 2. That Ordinance No. l67 is hereby amended by amending
Section 44.5 2)b)2 to read as follows:
44.5 2)b) - Street and interstate improvements provided at the
expense of the developer, sufficient. to men.-~t the n=.reds which are
generated, but which do not endanger traffic carrying capacity or
function of the regional system.
Section 3. 'that Ordinance No. 167 is hereby amended by amending
Section 42.3 to read as follows:
The following are aermitted accessory uses i_n an "I-1" District:
1) All permitted accessory uses as allowed i.n the "B-1^J" District.
2) Open and outside storage.
(An automatic carry over i.s provided for the I-7. District through
Section 43.4 1)
Section 4. That Ordinance No. 167 is hereby amended by adding
thereto Section 9.43 to read as follows:
Open and Outdoor Storage Within the I-1 and I-2 Districts
a} 'T'he 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" Uistrir.t, screening and landscaping is pro-
vided in compliance with Section 9.7 of thi-s Ordinance.
d) The storage area is grassed or surfaced to control dust.
e) All lighting shall be hooded and so .directed that the light source
shall not be visible from the public right-of-way or from neigh-
boring residences and shall be ih compliance with Section 9.9 of
this Ordinance.
f) The storage area does not take by parking space or loading zone
space as required for conformity to this Ordinance.
Section 5. That Ordinance No. 167 is hereby amended by amending
Section 30.2 to read as follows:
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.
Section 6 That Ordinanr..e No. 167 is hereby amended by amending
Section 31.2 to read as follows:
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.
G) Multiple family dwelling structures containing twelve (12) or
less dwel.linq units.
5) Public parks and. playgrounds.
6) Essential sE:rvices.
Section 7 'Phat Ordinance No. 167 is hereby amended by arnerding
Six t..ion 32.2 to read ._as follows:
32.2 The following are permitted uses in an "R-7" District:
1) All permitted uses allowed in an "R-6" District
2) Pultiple family dwellinq structures containing more than twelve
(12) dwelling units.
Section $ That Ordinance No. 16'7 is hereby amended by amending
Section 11.10 to read as follows:
Townhouse, lZuadraminium, Apartments
1) No single townhouse structure shall. contain more than eight (8)
dwelling units,
2) Minimum unit ]ot 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-
i.ny to the provisions of Section eS.2(S) (c) of this Ordinance.
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Section 9 'that Ordinance No. 167 is hereby amended by malting
the following changes:
1) Renumber Section 11.10 as Section 11.11.
2) Renumber Section 11..21 as Section 11.1.2.
3) Delete Section 5.2.1
4) Delete Section 30.4.2
5) Section 9.4,4) (Spelling Correction Second Sentence)
Change the word "...necessary... T.o "...accessory...
6) Section 9.7 2)
Add the underlined wording to the fi-rst sentence of this r,:lause.
"Landscapi.ng -.General Residential. The lo': area remaining after
providing for off-street parking, off--street loading, sidewalks,
driveways, building site and/or other requirements shall be land-
scaped using ornamental grass, shrubs, trees or other acceptable
vegetation or treatment generally used in landscaping within
one (1) year following the date of huilding occupancy"
7) Section 12.4 8)
Change "...in compliance with Section 9.f3 of this Ordinance."
t;o "...in compliance with Section 9.7 and 9.A of this Ordinance."
9) Section 12.9 1)c)
Change "...specified under (4) below..." to specified under
(d} below..."
Section lQ. That Ordinance No. 167 is hereby amended by amending
Section 34.5(3) by adding thereto the following:
5. All utilities shall. be underground; there shall be no overhead
wires or supporting poles except those essential for strut or
other :lighting purposes.
6. No obstruction shall be permitted i:hat impedes the inspection
of, plumbing, electrical facilities, and related mobile home
equipment.
7. The method of garbage, waste, and trash disposal mint b.' approved
by the City.
8. The owner sha]1 pay any required sewer connection fees to the
City.
9. T'he owner shall pay inspection and testing fees for utility
service to the City.
Section 11, That Ordinance No. 1.67 is hereby amended by adding
to Section 34.5(3) H the followinq:
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."
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Section 12. That Ordinance No. 167 is hereby amended by making
the following changes:
1) Renumber Section 26.6 as Section as 34.6.
2) Renumber Section 36.4 3) as Section 36.4 2).
3) Section 37.4 3) (Spelling Correction)
Change the word "...or..." to "...of..."
4) Section 38.5
Add the underlined word:
"1) Lot area: 10,000 square feet"
5) Section 41.3 1)
Change t:re reference from "B-w" to "B-4".
6) Section 41.3 1)
Add the underlined word:
"...permitted accessor uses..."
7) Section 43.5 2) (Spelliing Correction)
Change the word "...denotation..." to "...demolition..."
8) Section 46.6 1).(Spelling Correction First Sentence)
Change "...were applicable..." to "where applicable..."
9) Section 47.6 1) (Spelling Correction)
Change the wording "...ground cover charge...." to "...ground
cover change..."
Section 13, That Ordinance No. 167 is hereby amended by amend-
my Section 9.6 8)b) to read as follows:
"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 sha h. be angled in such a manner
that it extends only over the property of t}~e permit holder and does
not endanger t:he public.. Such security fencing :;hall be prohibited
~~fhen located al.ony a property line abutting a residential use.
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Section 14. That Ordinance No. 167 is hereby amended by amending
Section 5 to read as follows:
ADMINISTRATION - VARIANCES AND APPEALS
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) If the circumstances which create the need fora variance have been
caused by the property owner or his predecessor in title, a variance
shall not be granted.
4) Variances may only be granted to alleviate unique non-economic hardships
such as problems caused by public actions, unusual topography, iot
shapes and wetlands. The hardship must be such as to result in exceptional
difficulties when using the land in a manner customary and legally
permissable within the district in which the land is located. Should
the City Council find that these conditions apply to the land, the
Council may grant a variance from the strict application of this
Ordinance so as to relieve such difficulties or hardships to the
degree considered reasonable, provided such relief may be granted
without impairing the intent of this Zoning Ordinance. The Council
may approve the variance subject to such conditions as it may deem
advisable.
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 determination
made by the Zoning Administrator in the enforcement of this Ordinance.
The appeal mast be filed not later than ninety (90) days after the
applicant has received a written notice from the Zoning Administrator.
5.2 Procedures.
1) Miner 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
shoreland regulations).
2) Structure or setback deviations which are characteristics
of and common to neighboring uses and which do not
exceed five (5) feet.
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c) Processing:
1) Requests fora minor 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 accom-
panied by five (51 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 fora 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 Council 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 sha71 be by four-
fifths (4/5) vote of the full City Council.
2) Major Variances. Ali variances which ar•e not classified as "minor"
shall be deemed "major variances".
a) Requests for a 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 6y 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.
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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
the hearing and written notificiation 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.
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 Commission and 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 concerning
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 concerning 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.
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
Administrator 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.
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5.4 Performance Bond.
1) Upon approval of a variance or appeal, the City shall be provided,
orhere 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-
ting compliance with the variance or appeal and ordinances of
the City 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 sha17 result in forfeiture of the
security.
Section 15. That Ordinance No. 167 is hereby amended by adding the
following material:
11.6.4. Double Bungalows, Quadraminiums and Townhouses. Except as other-
wise specified in the zoning district provisions, double bungalows,
yuadraminiwns 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 grade,
and Townhouses plus 100 additional square feet for each
additional bedroom.
Section 16. This Ordinance shall he in full force and effect from and
after its publication according to lavr.
Enacted and ordained into an Ordinance this 4th day of May ,
1981.
CITY OF LAKEVILLE
BY~~~
Gordon Lekson, layor
Attest•
~r
Patrick McGarvey, City Admi istrator
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...e..rra~nrya.truA.rrwMr+
PUBLIC NOTICE
ORDINANCE NO. 184
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING ORDINANCE
NO. 167, BEING THE ZONING ORDINANCE
OF THE CITY OF LAKEVILLE
The City Council of Lak�yille metal nv
Section 13. That °rmnan t o• ',s
hereby amended by amending Section 9.6
B)b) to read as follows:
"Business and industrial fences with barb- 1
ed wire security arms shall be erected a
minimum of six (6) feet in height (measured '
without the security arm). The security arm t
Shall be angled in such a manner
n ertthhe that
itpeex-
-
itends only over the property
holder and does not endanger the public.
;Such security fencing
rs art ben prohibited
;when located along a p p Y
ra residential use.
1. Section 14. That Ordinance No. 167 is
,hereby amended by amending Section 5 to
read as follows:
; ADMINISTRATION - VARIANCES AND
;APPEALS.
; 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 ap-
proved unless the Board determines that
' the proposed action will not:
a) Impair an adequate supply of light
ondlur to adiar•ent orque. Y:..... _. ....... ._
quest, and a list of property owners
located within three hundred fifty (350)
feet of the subject property obtained
from and certified by an abstract corn-
pany.
h) The Planning Commission shall con-
duct a public hearing following proper
hearing notification. The Planning Com-
mission shall conduct the hearing, and
report its findings and make recommen-
dations 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 i 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.
c) Failure of a property owner to receive
notice shall not invalidate any such pro-
ceedings as set forth within this Or-
dinance.
d) The Zoning Administrator shall in-
struct the appropriate staff persons to
prepare technical reports where ap- J
propriate. and provide general td
assistance in preparing a recommenda- to
tion on the action to the City Council. y1
el The Planning Commission and City ,d
staff shall have the Authority to request
additional information from the appli-
cant concerning operational factors or to w
retain expert testimony with the consent o0
and at the expense of the applicant con- gg
~nine, n nrntinna lfar•tnrc _void int- 1B
Section 15. That Ordinance o. 167 is
hereby amended by adding the following 41
material:
11.6.4 Double Bungalows, Quadraminiums V
and Townhouses. Except as otherwise
specified in the zoning district provisions,
double bungalows, quadraminiums and 40
townhouses, as classified below, shall have us
the minimum floor area per one bedroom S
unit. `
Double Bungalow - 650 square feet first b41
floor above grade, plus 100 additional Y
square feet for each additional bedroom.
Quadraminiums and Townhouses - 600
square feet first floor above grade, plus Ill
os
Al
100 additional square feet for each addi-
tional bedroom.
Section 16. This Ordinance shall be in full
force and effect from and after its publica-
tion according to law.
Enacted and ordained into an Ordinance fl
this 4th day of May, 1981. stu
City of Lakeville
BY: GORDON LEKSON 1
Mayor ESS
e19
Fl
v
aql
ATTEST:
PATRICK McGARVEY
City Administrator
168
AFFIDAVIT ..r PUBLICATION
STATE OF MINNESOTA ) SS
County of Dakota )
JOSEPH R. CLAY and DANIEL H. CLAY, being duly sworn, on oath say they are and
during all the times herein stated hove been the publishers and printers of the news-
paper known as Dakota County Tribune and have full knowledge of the facts herein
stated as follows: Said newspaper is printed in the English language in newspaper
format and in column and sheet form equivalent in printed space to at least 900 square
inches. Said newspaper is a weekly and is distributed at least once each week. Said
newspaper has 50 per cent of its news columns devoted to news of local interest to the
community which it purports to serve and does not wholly duplicate any other publica-
tion and is not made up entirely of patents, plate motter and advertisements. Said
newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least
75 per cent of its total circulation currently paid or no more than three months in arrears
and has entry as second-class matter in its local post -office. Said newspaper purports
to serve the Cities in the County of Dakota and it has its known offices of issue in the
Cities of Farmington, Rosemount, Burnsville, Apple Valley, and Lakeville established
and open during its regular business hours for the gathering of news, sale of advertise-
ments and sale of subscriptions and maintained by the managing officer of said news-
paper or persons in it's employ and subject to their direction and control during all such
regular bUsiness hours and at which said newspaper is printed. Said newspaper files
a copy of each issue immediately with the State Historical Society. Said newspaper
has complied with all the foregoing conditions for at least two years preceding the day
or dates of publication mentioned below. Said newspaper hos filed with the Secretary
of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affi-
davit in the form prescribed by the Secretary of State and signed by the managing
officer of said newspaper and sworn to before a notary public stating that the news-
paper is a legal newspaper.
They further state on oath that the printed
hereto attached as a part hereof was cut from the columns of said newspaper,
and was printed and published therein in the English language, once
for
s; that it was first so published
on Thursday, the day of
printed and published on Thursd�
19 O I. and was
thereafter
every y to and including Thursday
the __ day of 19 __— and that the following is a
printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby ac-
knowledged as being the size and kind of type used in the composition and publication
of said notice, to wit;
Subscribed and
�siY�IO►i�!
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..,1;,i4:74.4CAROL J. HAVERLAND
?per EI NOTARY PUBLIC - MINNESO—A -
DAKOTA COUNTY
My Commission Expires Oso. S. 1982
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