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• VILLAGE OF LAKEVILLE -
ZONING REGULATIONS land throughout the Village.
ORDINANCE N0.42 ....protect and guide the development of rural areas.
A ZONING ORDINANCE FOR THE VILLAGE OF LAKEVILLE, MINNESOTA REG- conserve and develop natural resources.
ULATING THE LOCATION, SIZE, USE, AND HEIGHTS OF BUILDINGS, THE AR- foster agricultureandotherindustries.
RANGEMENT OF BUILDINGS ON LOTS, AND THE DENSITY OF POPULATION ....preventawastefulscatteringofpopulation.
IN THE VILLAGE OF LAKEVILLE, MINNESOTA AND FOR THE PURPOSE OF PRO- secure safetyfrom flood.
MOTING. THE PUBLIC HEALTH, SAFETY, ORDER, CONVENIENCE, PR05PERITY ....reduce waste from excessive mileage of roads.
AND GENERAL WELFARE IN SAID VILLAGE, AND FUR SAID PURPOSE, TO DIVIDE ....conserve the natural and scenic beauty and attractiveness of roadsides.
THE VILLAGF, OF LAKEVILLE, MINNESOTA INTO DISTRICTS, AND MAKE REGULA- ....providing for the administration of this Ordinance and amendments thereto.
TIONS FOR DIFFERENT DISTRICTS AND REPEALING ALL OTHER ORDINANCES ....defining the powers and duties of the administrative officers and bodies, as provided
OR PORTIONS THEREOF INCONSISTENT HEREWITH. hereinafter.
THE VILLAGE COUNCIL OF THE VILLAGE OF LAKEVILLE, MINNESOTA DOES ..prescribing penalties for the violation of the provisions of this Ordinance or any
ORDAIN AS FOLLOWS: amendment thereto.
. Section I -Title Section 3 -RULES AND DEFINITIONS
This Ordinance shall be known, cited and referred to as the LAKEVILLE VILLAGE ZON-
ING ORDINANCE except as referred to herein, where it shall be known as "this Ordi- 3•I RMles
Hance." The language set forth in the text of this Ordinance shall be interpreted in accord-
. Section 2 -INTENT AND PURPOSE ahce with the following rules of construction:
This Ordinance is adopted for the purpose of: (1) The singular number includes [he plural and the plural the singular.
. ....protecting the public health, safety, morals, comfort, convenience and general wel- (2) The present tense includes the past and future. tenses, and the future the present.
fare. (3) The word "shall" is mandatory, and the word "may" is permissive.
. ....dividing the Village into zones and districts restricting and regulating therein, the (4) The masculine gender includes the feminine and neuter genders.
location, and use of structures and land. (5) Whenever a word or term defined hereinafter appears in the text of this Ordi-
• promoting orderly development of the residential, business industrial, recreational Hance, its meaning shall be constructed as set forth in such definition [hereof.
and public areas. (6) All measured distances expressed in fee[ shall be to the nearest tenth of a foot.
. ....providing adequate light, air, and convenience of access to property. In event of conflicting provisions, the more restrictive provision shall apply.
....limiting congestion in the public rights-of-way. 3.2 Definitions
. preventing overcrowding of land and undue concentration of structures by regulating The following words, and terms, whenever they occur in this Ordinance, are defined
the use of land and buildings and the bulk of buildings in relation to the land and as follows:
buildings surrounding them. (1) Accessory Use A use or structure or portion of a structure subordinate to
....providing for the compatibility of different land uses and the most appropriate use of or and serving the principal use or structure on the same lot
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Structure and customarity incidental thereto. (23) Dwelling Attached A dwelling which is joined to another dwelling. .
(2) Airport or Any land or structure which is used or intended for use, (24) Dwelling Detached A dwelling which is entirely surrounded by open space on
Heliport for the landing and take-off of aircraft, and any appurtenant the same lot. •
land or structure used or intended for use for port buildings (25) Exterior Storage The storage of goods, materials, equipment, manufactur-
orother port structures orrights-of-way. (Includes open ed products and similaz items not fully enclosed by a build-
(3) Animals Domestic Fish, dogs, cats, birds, and similaz animals. Cattle, hogs, storage) ing.
Non-domestic horses, bees, sheep, goats, chickens and other commonly (26) Essential Services Underground or overhead gas, electrical, steam or water
knownfazm animals. (Public Utility Uses; transmission or distribution systems; collection, communi-
(4) Apartment A room or suite of rooms with cooking facilities available cation, supply or 'disposal systems including poles, wires,
which is occupied as a residence by a family. Includes build- mains, drains, sewers, pipes, .conduits, cables, fire alazm
ings with two or more dwelling units and efficiency units. boxes, police call boxes, traffic signals, hydrants or other
(5) Automobile General repair, rebuilding of trailers, including body work, similar equipment and accessories in cotr3unction there-
Aepair (Major) framework and major painting service. with; but not including buildings. ~
(6) Automobile The roplacement of any part or repair of any part which (27) Family An individual, or two (2) or more persons each rolated by
Aepair(Minor) does not roquire the removal of the engine head or pan, blood, marriage or adoption, Hving together se a single ~
engine, transmieelon or differential; Incidental body and housekeeping unit] or a group oP not more than flue (6)
fender work, minor painting and upholstering service when persons not eo related, maintaining a common household. ~
said service above stated is applied to passenger automo• (28) F1oorArea The sum of the gross horizontal areas of the several floors ~
bales and trucks not in excess of athree-quarter (s/a) ton of the building or portion thereof devoted to a particular
rating. use, including accessory storage areas located within sell- •
(7) Automobile Those uses catering to the motorist traveling along the high- ing or working apace such as counters, racks or closets,
Service Uses way. These include: auto laundry; eating establishments; and any basement floor area devoted to retailing activities, .
motels (tourist courts); refreshment drive-ins; public gaz- to the production or processing of goods, or to business or
ages; repair garages; seasonal produce stands; service professional offices. However, the floor azea shall not in- .
stations, motor vehicle sales, trailer sales and rental, boat elude: basement floor azea other than azea devoted to re-
sales, rental services. tailing activities, the production or processing of goods, •
(8) Alley A public right-of-way which affords a secondary means of or to business or professional offices. The floor azea of a
access to abutting property. residence shall include 50 pement of the azea of attached .
(9) Auto Reduction A lo[ or yazd where two (2) or more unlicensed motor vehi- gazages and 25 percent of enclosed breezeways or porches,
Yazd cles or the remains thereof aze kept for the purpose of dis- but shall not include basement azea. .
mantling, sale of pazts, sale as scrap, storage, or abanhon-
ment. (29) Garage, Private A detached accessory building or portion of the principal
(10) Basement A portion of a building located paztly underground but sbuilding,,including a cazport, which is used primazily for
having less than half its floor-to-ceiling height below the storing passenger vehicles, trailers or one truck of a
average grade of the adjoining ground. rated capacity not in excess of one and one-half (lt/z) tons.
(11) Boazdinghouse A building other than a motel or hotel where, for compen- (30) Gazage, Puolic A building or portion of a building, except any herein de- •
sation and by prearrangement for definite periods, meals or fined as a private gazage or as a repair garage, used for the
lodging aze provided for three (3) or more persons, but not storage of motor vehicles, or where any such vehicles aze •
to exceed eight (8) persons. kept for remuneration or hire and in which any sale of gas-
(12) Building Any structure having a roof which may provide shelter or oline, oil and accessories is only incidental to the principal .
enclosure of persons, animals or chattel and when said use.
structures aze divided by party walls without openings, (31) Gazage, Repair A building or space for the repair or maintenance of motor •
each portion of such building so sepazated shall be deem- vehicles but not including factory assembly of such vehicle§,
ed a sepazate building. auto wrecking establishments or junk yazds. •
(13) Business Any occupation, employment or enterprise wherein mar- (32) Governing Body Village Council.
chandise is exhibited or sold, or which occupies time, atten- (33) Home Occupation Any gainful occupation or profession engaged in by the •
tion, labor and materials, or where services aze offered for occupant of a dwelling at or from the dwelling when carried
compensation. on within a dwelling unit and not in an accessory building
(14) Building Height A distance to be measured. from the mean curb level along provided that no signs other than those normally utilized
the front lot line or from the meanground level for all of that in a residential district aze present, no stock in trade is
portion of the structure having frontage on a public right-of- stored on the premises, over-thecounter retail sales aze
way, whichever is higher, to the top of the cornice of a flat not involved, and entrance to the home occupation is gain-
roof, to the deck line of a mansazd roof, to a point on the ed from within the structure. Such uses include profes-
roof directly above the highest wall of a shed roof, to the up- - sional offces, minor repair services, photo or azt studio,
per most point on a round or other azch type roof, to the mean dressmaking, or teaching limited to 3 students at any one
distance of the highest gable on a pitched or hip roof. time and similaz uses; however, a home occupation shall
(15) Carport An automobile shelter having one,_~Or more sides open. not be interpreted to include bazber shops, beauty shops,
(16) Cellaz That portion of the building having more than one-half tourist homes, restaurants, or similaz uses. No home occu-
(~/z) of the floor-to-ceihng.height below the average grade of pation shall be permitted that creates the need for more
the adjoining ground. than three pazking spaces at any given time in addition to
(17) Curb level -The grade elevation eslablished by the governing body the parking spaces required by the occupants; in no event
of [he curb in front of the center of the building. Where no shall such number exceed a total of five such spaces. No
curb level has been established, the engineering staff shall homeoccupa[ion shall be permitted in any accessory build- •
determine a curb level or its equivalent for the purpose of ing.
this Ordinance. (34) Hotel A building which provides a common entrance, lobby,
(18) Comprehensive Unless otherwise stated, it is the general plan for land use, halls and stairway and in which lodging is offered with or •
Plan transportation, and community facilities prepazed and without meals to 8 or more guests.
maintained by the planning commission. (35) Junk Yard An open azea where waste, used, or second hand materials •
(19) Church A building, together with its accessory buildings and uses, .
where persons regularly assemble for religious worship - aze bought, sold, exchanged, stored, baled, packed, dis-
and which buildings, together with its accessory buildings assembled or handled, including but not limited to, scrap
iron and other metals, paper, rags, rubber, tires, and bottles.
and uses, is maintained and controlled by a religious body
organized to sustain public worship. A junk yazd includes an auto wrecking yazd but does not
include uses established entirely within enclosed buildings.
(20) Club or Lodge A club or lodge is anon-profit association of persons who aze (36) Landscaping Planting such as trees, grass and shrubs.
bonafide members paying annual dues, use of premises (37) Lodging Room A room rented as sleeping and living quarters but without S
being restricted to members and their guests. It shall be
permissible to serve food and meals on such premises pro- cooking facilities and with or without an individual bath- •
viding adequate dining room space and kitchen facilities mom. In a suite of moms without cooking facilities, each
are available. Serving of alcholic beverages to members mom which provides sleeping accommodation shall be •
and their guests shall be allowed providing that such serv- counted as one lodging room.
ing of alcoholic beverages is in compliance with the ap- (38) Lot A pazcel of land occupied or used or intended. for occupan-
plicable Federal, State and Municipal laws. cy or used by a use permitted in this Ordinance, abutting on
(21) Drive-In Any business in which people aze provided a service or a sale a public street, and of sufficient size to provide the yazds
Business is made without the passenger being required to leave the required by this Ordinance.
vehicle. Drive-in business shall also include those busi- (39) Lo[ofRecord Any lot which is one (1) unit of a plat heretofore duly ap-
nesses that offer prepared food for take-home or eating proved and filed, or one (1) unit of an Atditor's Subdivision
in a vehicle. Such businesses include, but aze not limited or a Registered Land Survey, or a pazcel of land not so plat-
. to the following: drive-in theater, drive-in bank, drive-in tad, subdivided or registered but for which a Deed, Auditor's
laundry or dry-cleaning, pick-up station, drive-in cafe, Subdivision or Regirtered Land Survey has been recorded
•any business offering "take-home" food services. in the office of the Register of Deeds or Registraz of Titles .
(22) Dwelling A building or one (1) or more portions there of occupied or for Dakota County, Minnesota, prior to the effective date of
intended to be occupied exclusively for residence purposes, this Ordinance: .
but not including rooms in motels, hotels, nursing homes, (40) Lot Area Tate azea of a lot in a horizontal plane bounded by the lot
boazdinghouses, nor trailers, tents, cabins or trailer coach- lines. .
es. A dwelling shall not be interpreted to include lodging (41) Lot Area The number of squaze feet of lot area required per dwelling
rooms. per Family unit. .
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(42) Lot, Corner A lot situated at the junction of, and abutting on two (2) the "existing" property line grade.
or more intersecting streets, or a lot at the point of deflection (66) Service A place where
gasoline, kerosene, or other motor fuel or
• in alignment of a continuous street, the interior angle of Station lubricating oil or grease for operating motor vehicles is
which does not exceed one hundred thirty-five (135) degrees. offered for sale to the public and deliveries are made duect-
• (43) Lot Depth The mean horizontal distance between the front lot line ly into motor vehicles. Includes greasing and oiling and the
and the reaz lot line of a lot. sale of automobile accessories on the premises. Also in-
• (44) Lot Line A lot line is the property line bounding a lot except that eludes minor repairs, incidental body and fender work,
where any portion of a lot extends into the public right-of- painting and upholstering, replacement of parts and motor
way, the line of such public right-of-way shall be the lot services to passenger automobiles and trucks. It shall not
Hne for applying this Ordinance. include general repair, rebuilding or reconditioning of en-
• (45) Lot Line-Front That boundary of a lot which abuts an existing or dedicat• ginea, motor vehicles or trailers; collision service, includ-
ed public street, and in the case of a corner lot it shall be ing body, frame or fender straightening or repair; overall
• the shortest dimension on a public street except that a corner painting or paint job, vehicle steam cleaning.
lot !n anon-residential area shall be deemed to have Pront- (87) Setback The minimum horizontal distance between a building and
• age on beth streets, gtreet or !ot line. Distances are to be measured from the
(48) Lot Line -Rear That boundary of a lot which ie opposite the front lot line. most outwardly extended portion of the structure at ground
~ If the rear, lot lips ie lees than ten (30) feet in length, or if level,
the lot forme a point at the roar, the rear lot ling shall be a (88) Shelter Fallout A structure or portion of a structure intended to provide
Hne ten (10) feet in length within the lot, parallel to, and at or Blast protection to human HPe during periods oP danger to human
the maximum distance from'the front tot Hne. Hfe from nuclear fall-out, blasts, air raids, storms, or other
~ (47) Lot Line • Bide Any boundary of a lot which U not a front lot Hne or a rear omergenciee.
lot Hne. (88) Sign Bee definitions under Section 25 of this Ordinance,
~ (46) Lot • Through A lot which has a pair of opposite lot Hne abutting two (2) (70) Structure Anything ereoted, the use of whioh requires more or lass
substantially parallel etr®ete, and whioh ie not a Corner lot, permanent location on the ground; or attached to something
On a through lot, both street Hnee shall b® front lot Hnee for having a permanent location on the ground. This ehail !n-
applying this Ordinance, elude signs,
(4®) 1;ot Width The maximum horizontal dietartoe between the side lot (71) Street A pubHo right~f•way not lees than sixty (80) feet in width
Hnee of a lot measured parallel to the front lot Hne and at whioh affords a primary moans of aoceee to abutting prop=
~ the rear of the required front lot Hne,. arty,
(50) Mobile Home Any vehicle used or eo oonetructed as to permit its being (72) Use The purpose or activity for whioh the land, structure or
uegd u a conveyance upon the public streets or highways, building thereon is designed, arranged or intended or for
and shall include self-propelled or non-self-propelled veh!• which it is occupied or maintained.
else as designed, constructed, reconstructed or added to by (73) Use, Either a public or private use ae Hsted which, because
means of an enclosed addition or room in such manner as Conditional of its unique characteristics, cannot be properly classified
wiH permit the occupancy thereof as a dwelling or sleeping as a permitted use in a particular district. After coneidera-
place for one or more persons, having no foundation other tion, in each case, of the impact of such use upon neigh-
than wheels, jacJis, or skirtings. boring land, and of the public need for the particular use at
(51) Mobile Home Park Any premises on which are parked and or more occupied the particular location, such "conditional use" may or may
not be granted by the governing body.
(Trailer Park) trailers, or any premises used or held out for the purpose of
supplying to the public a parking space for one or more such (74) Use, Non- A use of land, buildings or structures lawfully existing
trailers; does not include sales lots - on which automobiles Conforming at the time of adoption of this Ordinance which does not
or unoccupied trailers - new or used -are parked for purposes comply with all the regulations of this Ordinance nr or,y ~~aa
of inspection or Bale. of land, building or structure lawfully. existing prior to
• (52) Motel A building or group of detached, semi-detached, or attach- the adoptlon of an amendment which would not comply
(Tourist Court) ed buildings containing guest rooms or dwellings, each of with all of the regulations.
• which hoe a separate outside entrance leading directly from (75) Use, Open The use of a lot without a building or including a build-
the outside of the building, with garage or parking space ing incidental to the open use with a ground floor area equal
• conveniently located to each unit, and which is designed, to Five (5) percent or less of the azea of the lot.
used or intended to be used primarily for the accommo- (76) Use, A use which may be lawfully established in a particular
• dation of automobile transients. Permitted district or districts, provided it conforms with all require-
(53) Motor Freight A building or area in which freight brought by motor truck ments, regulations, and performance standazds of such dis-
Terminal is assembled and/or stored for routing in intro-state or inter- trio.
state shipment by motor truck. (77) Ose, The main use of land or buildings as distinguished from
• (54) Non-conforming Any structure which is existing ,upon the effective date Principal subordinate or accessory uses. A "principal use" may be
Structure of this Ordinance, which would not conform to the applies- either permitted or conditional.
• ble regulations if the structure were to be erected under the (78) Veterinary Those uses concerned with the diagnosis, treatment, and
provisions of this Ordinance. Clinic care of animals, including animal or pet hospitals.
• (55) Non-conforming Any building, structure or land lawfully occupied by a (79) Wazehousing The storage of materials or equipment within an enclosed
Use use or lawfully established at the time of the passage of this building as a principal use.
• Ordinance or amendments thereto which does not conform, (80) Wholesaling The selling of goods, equipment and materials by bulk to
after the passage of this Ordinance or amendments thereto, (Warehousing) another business that in turn sells to the final customer.
• with the use regulations therein. - (81) Yard A required open space on a lot which is unoccupied and un-
(56) Noxious Matter Material capable of causing .injury to living organisms obstructed by a structure from its lowest level to the sky
or Material by chemical reation, or is capable of causing detrimental except as permitted in this Ordinance. The yard extends
effects on the physical or economic well-being of indivi- along the lot line at right angles to such lot line to a depth
duals. or width specified in the setback regulations for the zoning
(57) Nursery, Day A use where care is provided for pay for three (3) o}~ more district in which such lot is located.
children under Kindergarten age fps periods of four (4) hours (82) Yard, Rear The portion of the yard on the same lot with the principal
or more per day.. building located betwec., .......:inE of the building and
(58) Off-Street A space accessible from a street, alley or driveway for the the rear lot line and extending for the full width of the lot.
Loading Space use of trucks or other vehicles while loading or unloading (83) Yazd, Side The yazd extending along the side lot line between the
merchandise or materials. Such space shall be of size as front and rear yazds to a depth or width required by setback
• to accommodate one vehicle of the type typically used in the regularions for the zoning district in which such lot is locat-
pazticulazbusiness. ed.
(59) Open Sales Any land used or occupied for the purpose of buying and (84) Yard, Front A yazd extending along the full width of the front lot line
Lot (Exterior selling any goods, materials, or merchandise and for the between side lot lines and extending from the abutting
Storage) storing of same under the open sky prior to sale. from street right-of-way line to depth required in the set-
(60) Pazking Space A suitably surfaced and permanently maintained area on . back regulations for the zoning district in which such lot is
• privately owned property either within or outside of a build- located.
ing of sufficient size to store one s[andazd automobile. (85) Zoning An area of azeas within the limits of the Village for which
(61) Performance Criterion established to control noise,. odor, toxic or nox- District the regulations and requirements governing use are uni-
Standazd ious matter, vibration, fire and explosive hazards, or glare or fO~'
heat generated by or inherent in uses of land or buildings. Section 4 -GENERAL PROVISIONS
(62) Planning Within this Ordinance the term Planning Commission 4.I Application of this Ordinance
• Commission shall refer to the Planning Commission of the Village of (1) In their interpretation and application, [he provisions of this Ordinance shall
Lakeville. be held to be [he minimum requirements for the promotion of the public health,
(63) Planned An urban develo ment havin two or more safety, morals, and welfare.
p g principal uses (2) Where the conditions imposed by any provision of this Ordinance are either
• Development or structures on a single lot and developed according to an more restrictive or less restrictive than comparable conditions imposed by any
approved plan. other law, ordinance, statute, resolution, or regulation of any kind, the regu-
(64) Principal One which determines the predominant use as contrast- lotions which aze more restrictive, or which impose higher standards or re-
Structure or Use ed to accessory use or structure. quirements shall prevail.
(65) Property Line The elevation of the property line in front of a building (3) Except as in this Ordinance specifically provided, no structure shall be erected,
Grade measured at [he center of such building. Where no property converted, enlarges, recouai.uu~uu ui nrereu, .~u sirucuire ur iaiiu suau be
line grade has been established, the mean elevation of [he used, for any purpose nor in any manner which is not in conformity with this
finished lot grade at the property line shall be considered Ordinance.
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(4) When land is proposed to be annexed to the Village of Lakeville, the Planning front lot line than the principal building on the lot. •
Commission shall hold a public hearing upon the permanent zoning of said land. (9) No accessory building in a commercial or industrial district shall exceed the
The results of the hearing, along with a recommendation, shall be presented height of the principal building except by special use permit. •
to the governing body. In the event of annexation proceedings becoming final (10) An accessory building may be located within the reaz yard setback provided that
before the permanent zoning is determined, the annexed area shall be placed the lot is not a through lot and said accessory building does not occupy more •
in the most restrictive district and such classification shall be considered as than 25% of a required reaz yazd. Accessory buildings shall be considered as
an interim step pending permanent classification. part of a principal building if it is located less than six (li) feet from the grin- •
4.2 Separability cipal building. No accessory building shall be located less than eight (8) feet
It is hereby declazed to be the intention that the several provisions of this Ordinance from a rear lot line. •
are separable in accordance with the following: 4.6 Requlnd Yards and Open Span
(1) If any court of competent jurisdiction shall adjudge any provision of this Ordi- (1) No yard or other open space shall be reduced in area or dimension so ae to make .
nance to be invalid, such judgment shall not affect any other provision oP this such yard or other often apace lees than the minimum required by this Ordinance,
Ordinance not epeciflcally included in said judgment. and iP the existing yard or other open space as existing !e less than the mini- ~
(2) If any court of competent jurisdiction shall adjudge invalid the application mum required, ie shall not be Further reduced.
of any provision of this Ordinance to a particular property, building, or etruc• (2) No required yard or other open apace allocated to a building or dwe111nQ grdup ~
Lure, such judgment shall not affect other property, buildings or structures, shall be used to satisfy minimum lot area requirements for any other building.
4.3 Non-Conforming Ueas and Seruefuwe (3) Required area not to be reduced. No lot, yard, or parking area shall be so reduced ~
(1) Any structure or use lawfully existing upon the effective date of this Ordinance in azea or dimension as to make any such area or dimension leas than the mini-
may be continued at the size and in a manner of operation existing upon such mum required by this Ordinance, and if already less than the minimum required,
date except as hereinafter specified. it shall not be further reduced.
(2) Nothing in this Ordinance shall prevent the placing of a structure in safe con- 4.7 Permitted EncroochmeMS
dition when said structure is declared unsafe by the Building Official: The following shall be considered as permitted encroachments on setback and
(3) When any lawful non-conforming use of any structure or land in any district height requirements except as hereinafter provided:
has been changed to a conforming use, it shall not thereafter be changed to any (1) In any yards: Posts, off-street open pazking spaces, flues, belt course, leaders, •
non-conforming use. sills, pilasters, lintels, cornices, eaves, gutters, awnings, open terraces, service
(4) Whenever a lawful non-conforming building or structure shall have been station pump islands, swings, open canopies,. steps, chimneys; flag poles, orna- •
damaged by fire, flood, explosion, eazthquake, war, riot, or act of God, it may be mental features, open fire escapes, sidewalks, and fences, except as hereinafter
reconstructed and used as before if it be reconstructed within twelve (12) months amended. •
after such calamity, unless the damage to the building or structure is fifty per- (2) In side and rear yazds: Fences 30 percent open, walls and hedges six feet in
cent (50) or more of its fair market value, (as estimated by the Building Official height or less, bays not to exceed a depth of three (3) feet or contain an azea of •
in which case the reconstruction shall be for a use in accordance with the pro- more than thirty (30) squaze feet, fire escapes not to exceed a width of three
visions of this Ordinance. (3) Feet. Balconies eight (8) feet above grade may extend into the yards to within •
(5) Whenever a lawful, non-conforming use of a building or structure or Landis five (5) feet of a lot line provided said balconies do not extend over driveways.
discontinued for a period of one (1) yeaz any future use of said building or strut- Breezeways, detached outdoor picnic shelters, open azbors, trellises, and de- •
[ure or land shall be inconformity with the provisions of this Ordinance. tached outdoor living rooms may extend to within five (5) feet of a side or reaz
((i) Any non-conforming open use of land lawfully existing upon the effective date lot line except that no such structures shall exceed five hundred (500) square •
of this Ordinance may be continued for a period of three (3) years after the feet. Covered porches may extend twenty (20) feet into the rear yard but not
effective date of this Ordinance, whereupon such non-conforming use shall closer than ten (10) feet from the rear lot line. •
cease. (3) On a corner lot, nothing shall be placed or allowed to grow iq such a manner
(7) Normal maintenance of a building or other structure containing or related to a as materially to impede vision between a height of two and one-half and ten feet •
lawful non-conforming use is permitted, including necessary non-structural re- above the centerline grades of the intersecting streets within fifteen (15) feet
pairs and incidental alterations which do not extend or intensify the non-con- of the street intersectingright-of-way lines. •
forming use. (4) In no event shall off-street pazking space, structures of any type, buildings,
(8) A lawful non-conforming use may be changed only to a use of the same or more or other features cover more than 75% of the lot area resulting in less than •
restricted classification. 25% landscaped area.
(9) Alterations may be made to a structure or building containing lawful non- (5) In rear yazds: Recreational and laundry drying equipment, picnic tables, open •
conforming residential units when they will improve the livability thereof, azbors and trellises, balconies, breezeways, porches, detached outdoor living
provided they will not increase the number of dwelling units. rooms, and outdoor eating facilities, provided these aze not less than two (2) •
feet from any lot line.
4.4 Lot Provisions
(1) A lot or pazcel of land for which a deed has been recorded in the office of the (li) Height limitations shall not apply to barxrs= silos, and other structures on farms, •
Dakota County Recorder upon, or prior to, the effective date of this Ordinance to church spires, belfries, cupolas and domes; monuments; chimneys and
shall be deemed a buildable lot provided it has frontage on a public right-of- smokestacks, flag poles; public and public utility facilities; transmission tow-
Way and said space requirements for the district in which it is located can be era of commercial and private radio broadcasting station; television antennae,
and pazapet walls extending not more than Four (4) feet above the limiting •
maintained or adjusted to confaxm as follows: a lot or parcel of land of record height of the building except as hereinafter provided. -
upon the effective date of this Ordinance which is a Residential District and (7) In any yards: Terraces, steps, exposed ramps (wheelchair), uncovered porches,
which does not meet the requirements of this Ordinance as to azea, width, or stoops, or similaz features provided they do not extend above the height of the
other open space, may be utilized for single family detached dwelling purposes ground floor level of the principal structure or to a distance less than three
provided the measurements of such azea, width oryard_space are within seventy (3) feet from any lot line nor less than one (1) foot from any existing or pro-
percent (70) of the requirements of this Ordinance; but said lot or pazcel shall posed access drive. Yazd lights and name plate signs in Residential Districts,
not be more intensively developed. trees, shrubs, plants, floodlights or other sources of light illuminating author-
(2) Except in Planned Unit Developments there shall be no more than one (1) ized illuminated signs, or light standards for illuminating parking aeeas, load-
principal building on one lot in all residence districts. ing areas or yards for safety and security reasons, provided the direct source of •
(3) Access to any building via private easement shall be by special use permit light is not visible from the public right-of-way or adjacent residential pro-
only provided the lot area exceeds 2x/z acres in area and 150 feet in width. party.
4.5 Accessory Building or Strueture 4.8 Farming Operations
(1) No accesso buildin shall be constructed on a lot All farms in existence upon the effective date of this Ordinance and all farms brought .
ry g prior to the time of con- into the Village by annexation shall be a permitted use where the operator can con-
struction of the principal building to which it is accessory. duct a normal farming operation. A normal farming operation shall be considered as
(2) An accessory building shall be considered as an integral pazt of the principal any operation in which food, fiber, livestock, poultry, dairy beef and other products
building if it is located less than six (6) feet from the principal building. are raised on the site or on sites owned, rented, leased or otherwise controlled by
(3) No accessory building in a residential district shall exceed [he height of the the owner.
principal building. All residential setback regulations contained in this Ordinance shall be conformed
(4) Where the natural grade of a lot at the building line is eight (8) feet or more
above the established curb level, a private gazage may be erected within any to by farm residences. Construction of new farm buildings within 300 feet of an
yazd provided one-half or more of its hei ht is below existing residence or a residential platted lot shall require a special use permit.
g grade level and it is not A building permit will be required for dwelling units only, normal agricultural build-
located less than twenty (20) feet from any street line. ings may be built without a building permit. •
(5) Accessory buildings in a Residential District may be located within five (5) The governing body may require any farm operation tosgcure.a Special Use Permit
feet of the side lot line in the reaz yard only provided such accessory building - ~ ' ~ "
shall be not less than twenty (20) feet from the principal building. to continue said operations in the event the farming operation has been determined •
(6) Houseboats and building uses as shelters from which to fish are [o be consider- by the governing body to be more intensive than a normal farming operation as de-
ed accessory structures for purposes of applying this Ordinance. Any object fined in this section and is so intensive as to constitute ari industrial type use con- •
that floats which has sleeping accommodations and facilities for preparing sisting of the compounding, processing, and packaging of products for wholesale or
food shall be defined as a houseboat. All houseboats which are to be docked or retail trade and the governing body has further determined that such operations may
moved within the Village limits for a period of six (6) days or more shall re-~ tend to become a permanent industrial type operation that cannot be terminated as
can a normal fazming operation. •
quire an annual conditional use permit. Said permit shall show the owner;
owner's address; boat license number; whether the boat is to be used as a sea- 4.9 Vaeated Streets
sonal residence and if so, for what periodof time during the year; type of sanitary Whenever any street, alley, easement or public way is vacated by official action the
sewage facility; water supply; and plot plan showing method of access to public zoning district abutting the centerline of the said vacated azea shall not be affected
road. Each houseboat shall have one off-street parking space within four hun- by such proceeding.
dyed (400) feet of the access to the docking of such houseboat. No houseboat 4.10 Platting •
shall be used as a permanent residence. All buildings hereafter erected upon unplatted land shall be so placed that they will
(7) Accessory buildings in the "Business" and "Industry" Districts may be local- not obstruct proper street extension or other features of proper subdivision and land .
ed any place to the reaz of the principal building, subject to the building code, planning. Any lot or lots of two and one-half (2 r/z) acres or less, or less than 150 feet
and the fire zone regulations. in width, created by any means for purposes of erecting a structure must be as ap- •
(8) No detached garages or other accessory building shall be located n.,azer the proved by the governing body. The plan for such subdivision shall be reviewed by the
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• Planning Commission which shall submit a report to the governing body. 4.21 Fences:
4.11 Dwelling Units Prohibited Fences shall be permitted in all yards subject to the following:
• No cellar, garage, tent, trailer or accessory building shall at any time be used as a (1) Solid walls in excess of 42 inches in height shall be prohibited.
dwelling unit, except trailers located in an approved mobile home park. (2) Fences in residential distracts may be located on any lot line to a height of three -
4.12 Relocated Structures and one-half (3'/z) feet, except that a fence up~ko six (6) feet in height may be
' Before any house or other structure is moved onto a vacant lot, the Planning Com- erected on the lot line from [he nearest rear corner of [he principal building.
• mission shall report to the Governing Body whether the structure will be compatible (3) Should the rear lot line of a lot be common with the side-lot line of an abutting
with other development in the area. If the Governing Body concurs with the deci- lot, that portion of the rear ;lot line equal to the required front yard of the abut-
. sion of the Planning Commission that a structure would depreciate the area into ting let shall not be fenced to a height of more than three' and one-half (3t/s)
which it is to be moved, it may withhold issuance of a permit for such relocation. The feet
applicant shall submit photographs taken f~`om two or more angles of the structure (4) Fences located within the buiYC~glSi~atea' or eight feet or more from the rear
to be moved and photos of the lot on which the structure is to be located together lot line may be up to eight (S) feet in height.
with adjacent lots and structures. These requirements do not apply to construetlon (5) Fences in Business and industrial Districts may be erected on the lot line to
sheds orother temporary structures to be located on a lot for I B months ar less. a height of six (t3) feet, to a height of eight (8) feet with a security arm for barbed
4.13 Front Setbacks wire subject to conditional use permit
Where adjoining structures existing at the time of adoption of this Ordinance have a (B) Fences in excess of 30 inches in height extending across front yards shall re•
~ different setback from that required, the front setback of a new structure shall con- quire a special use permit
form to the prevailing setbackln the immediate vicinity, The Planning Commission (7) Fences shall be at least 30°/r open (space for the passage of air andlor lighU,
shall determine the necessary front yard setback in such cases subject to approval (8) Fences within Required Yards shall not exceed five feet in height except by
by the Governing Body, However, in no case shall a building be required to set back special use permit except as otherwise permitted herein.
more than 60 feet, except where an industrial district is ac~acent to a residential (9) Fences may be placed along property lines provided no damage of any kind
district. results to abutting property.
4.14 Side and Rear Setbacks (10) Prior to issuance of a building permit for any fence, abutting property owners
Subject to regulations contained in the Building Code and other applicable regu- shall be notified.
lations, buildings may he excluded from side and rear setback requirements provided (11) That side of [he fence considered to be the face (facing as applied to fence
party walls are used and if the adjacent buildings are constructed as an integral posts) shall face abutting property.
unit. Such exclusion from side and rear setbacks shall be permitted only after is- (12) Fences exceeding height limits may be erected provided they do not encroach
suance of a special use permit except where such setbacks are part of an approved upon front or side-yard requirements or within 10 feet of a rear lot line. No
shopping center, townhouse development, and other similar development. fence shall exceed the height of the principal structure.
4.15 Setbocks Adjacent fo Residential Areas ~ 4.22 Aeeess Drives " '
Where a business district is adjacent to a residential district, except in the Central Access drives may be placed adjacent to property lines except that drives consisting
• Business District, the minimum building setback from the lot line shall be thirty of crushed rock, or other non-finished surfacing shall..be no closer than one (1)
(30) feet. In the case of industrial districts, such minimum setback shall be one foot to any side or rear lot line. No access drive shall be closer than three (3) feet
• hundred (100) feet. ~ to any single or two family residence nor closer than five (5) feet to any multi-family
4.16 Setbocks Along Thoroughfares building.
• Along streets designated as "thoroughfare" in the Comprehensive Plan, the mini- 4.23 Land Reclamation
mum front setback for single family residence shall be forty (40) feet from the Under [his Ordinance Land Reclamation is the reclaiming of land by depositing of
• planned right-of-way line. Building permits shall not be issued for principal build- material so as to elevate the grade. Land reclamation shall be permitted only by
logs on land designated for future road interchanges or intersections. special use permit in all districts. Any lot or parcel upon which four hundred (400)
• 4.17 Height cubic yards or more of fill is to be deposited shall be land reclamation. The permit
In residential districts, multiple dwellings and places of public assembly such as shall include as a condition thereof a finished grade plan which will not adversely
churches and schools, are exempt from height limitations except that the required affect the adjacent land, and as conditions thereof shall regulate the type of fill
setback from any residential lot shall be at least equal to the height, and the distance permitted, program for rodent control, plan for fire control and general maintenance
• between any two principal buildings must be no less than one-half (t/s) the sum of of the site, controls of vehiculaz ingress and egress, and For control of material
the heights of the two structures, except that any structure exceeding 45 feet in disbursed from wind or hauling of material to or from the site.
• height shall require a special use permit, 4 24 Mining
4.18 Planned Unit Developments The extraction of sand, gravel, or other ma?erial From the land in the amount of
• Planned developments shall include all developments having two (2) or more prin- four hundred (400) cubic yards or more and removal thereof from the site without
cipal uses or structures on a single parcel of land and shall include townhouses, processing shall be mining in all districts the conduct of mining shall be permitted
• .apartment projects involving more than one building residential subdivision sub- only upon issuance of a special use permit. Such permit shall include, as a condition
mitred under "density zoning" provisions, multi-use structures such as an apart- thereof, a plan for a finished grade which will not adverselyaffect the surrounding
ment building will. retail at groundfloor level, and_similar projects. Such develop- land or the development of the site on which the mining is being conducted, and the
ments may be excluded from certain requirements of this ordinance providing: route of trucks moving to and from the sites. "
(1) A complete detailed plan is submitted to the Planning Commission, showing the ,4 25 Soil Processing
location of aH proposed structures, driveways, landscaping, parking, screen- processing sand, gravel, sod (grass strips) or other material mined from the land
• - ing, sidewalks, access drives, land uses, and such other information as may be shall be permitted only by special use permit. Such special use permit shall include
requested. a site plan where the. processing is to be done showing the location of the"plant,
It is the intent of this Section, Planned Unit Development, to provide a means disposal of water, route of trucks moving to and from the site ~in removing processed
to allow design flexibility by substantial variances from the provisions of this material from [he site, and such permit shall be granted for a specified period.
t' Ordinance including uses, setbacks, height, and similar regulations but not -
including parking requirements, off-street loading, necessary screening and 4.26 Bulk Storage (Liquid)
the like. Variances may be granted for Planned Unit Developments provided: All uses associated with the bulk storage;~..:pf oil, gasoline, liquid fertilizer, chemicals,
Certain regulations contained in this Ordinance do not realistically apply to [he and similar liquids shall require as:p~c`ial use permit in order [ha[ the governing
proposed development due to the unique nature of the proposed development; body may have assurance that fire,'explosipn,.orw~ter of soil contamination hazard's
The variances, if granted, would be fully consistent with the general into , and are no[ present that would be detrimental to the public health, safety, and general
purpose of this Ordinance; The Planned Uni[ Development would produce ur- welfare.
ban development and an urban environment of equal or superior qualit}~ to - All existing, above ground liquid storage tanksin platted areas having a capacity
that which would result from strict adherence to the provisions of this Ordi- in excess of two-hundred sixty-five (265) gallons shall secure a special use permit,
nance; The variances will not constitute a threat to the property values, safety, within twelve (12) months Following enactment of this Ordinance; She goverriiatg
health, or general welfare of the owners or occupants of adjacent or nearby body may require the developmentof.dyMng around: said tanks, suitablygealed,~'
land nor be detrimental tothe health, safety, morals, or general welfare of the to hold a leakage capacity equal to one-hundred fifteerl~:~1I5) percent of thetank
people of Lakeville. The proposed development is of such a unique nature as [o. capacity. Any existing storage tank, except heating fuelsg§tems, that, in theppinion
require consideration under conditions of a Planned Unit Development. It shall ~ of the governing body, constitutes a hazard to the public safety shall discontinue
be determined that the variances are required for reasonable and practicable operations within five (5) years following enactment of ilifs~Ordinance.
physical development according to a plan and are not required.solelyon the 4.27 ZoningondtheComprehensivePlan
basis of financial considerations. Any change in zoning granted by the governing body~Sii~all automatically amend
• (2) The governing body, upon review and recommendations of the Planning Com- the Comprehensive Plan in accordance with said zoning Change.
mission, shall find that the proposed development is fully consistent with the 4.28 Apartments
• purposes of this Ordinance and in conformity to the Comprehensive Plan. In recommending the granting of special use permits for structures containing
(3) The development shall conform to the plan as filed with the Planning Commis- two or more dwelling units, the governing body shall find that the proposed develop-
. sion. ~ ment plan is in substantial compliance with the apartment policy statements on
(4) A Special Use Permit is granted. file with the Planning Commission as approved. In no event shall any building
4.19 Townhouses - housing three or more families in a Residential District have less than 10,000 square
Townhouses are attached dwelling units each with a separate entrance to front and feet of lo[ area.
reaz yards. Townhouses may be permitted in any residential district Following issu- q,29 Service Stations
ance of a special use permit, provided that each dwelling unit has at least 4,000 A drainage system subject to approval by the governing body shall be installed.
square feet of lot area (private or shared in common with adjacent units). A box curb not less than six (6).inches above grade shall separate the public right-
4.20 Density Zoning of-way from the motor vehicle service area, except at approved entrances and ex-
Single family homes may be excluded from lot area and setback requirements pro- its. No driveway at a property Bne shall be less than twenty (20) feet From the in-
vided especial use permit is issued under terms of the "planned development" provi• tersection of two street right-of-way jibes. No vehicles shall be parked on the pre-
alone of this ordinance. Density zoning shall be interpre{ed to mean the permission mises other than those utilized by employees or awaiting service. All areas util-
of lower density (lot area) standards under conditions whereby the number of dwell- ized for the storage, disposal, or burningbf trash, debris, discarded parts, and similar
ing units permitted is not greater than permitted by the application of [he regular items shalt be fully screened. ~ -
.provision of the District but with all land excluded from the to ~ area requirements Exterior storage shall be limited to vehicles of employees, vehicles awaiting service,
added onto public open space (park, playground; school site, walkway, or other ap- - service equipment and items offered for sale on pump isld~id; al] other exterior stor-
provedopen green space). age shall be limited to items offered for sale provided [hey~are within yard require-
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ments and are located in containers such as cite racks, metal trays, and similaz design flood elevations may be permitted if adequate flood protecton is pro-
structures designed to display merchandise. The entire site other than that taken vided. Any flood protective works must.be approved in writing by the governing
up by a structure or planting shall be surfaced with asphalt, concrete, or other mate- body to the granting of building permits.
rial approved by the Governing Body. (4) Issuance of Building Permits
All structures and grounds shall be maintained in a neat, orderly, clean, and safe Before a building permit shall be issued for a building, structure, construction •
manner. grading or deposit in a floodway or flood plain, the applicant must provide an
4.30 Exterior Storage executed application form for building permit; all plena, exhibits and certifica- •
In all districts, the governing body may order the owner of airy property to apply for Lion required by the ordinance, and the written approval of other governmental
a special use permit to conduct an open storage use, including existing uses, pro- agencies if required by the ordinance. •
vided it is found that said use constitutes a threat to the public health, safety, con- This permit would be issued with the condition that before a permit would be
venience, morals, or general welfare. issued for said structure or use, the applicant would be required to furnish a •
4.31 Lake and Stnom Frontage Lots certification from a registered professional engineer that the elevation of the
All lots having frontage on a water body shall be governed in the following manner: structure and the site meet all regttlremente of the zoning ordinance. •
(1) No principal building shall be located within Potty (40) feet of the average 4,36 AtrportionlnoDlsfriet
waterline; at least 78% of the forty foot depth must be landscaped, The airport zoning district is an area designated which include public owned and •
(2) Waterfront uses shall be maintained 1n a safe, orderly, and nfflclent manner operated airfields and a prescribed area beyond. The regulations in this district
that presents a good appearance from the water; the governing body may re- are in addition to rather than !n lieu of regulations imposed by any other zoning ~
quire lakeshore lot to secure a special use permit if deemed necessary to protect classification for land dedgnated.
lake frontage frnm adverse conditions affecting the public The purpose of the regulations is to:
(3) Accessory buildings shall not be located within ten (10) fees of the average (1) Limit development of future construction to a reasonable height and use so ne
waterline, not to constitute a hazard for planes operating to and from the airfields.
~ ~ `'o the extent feasible and practicable, shorelines shall be maintained so as to (2) Control the type and extent of land development adjacent to and near the air-
present anatural or landscaped appearance. fields so as not to impede proper expansion of the field and otherwise be detri-
4.32 Areas W ithout Sanitary Sewer mental to the air operations.
In areas without public sanitary sewer, single and two family homes shall have a The following zones are hereby established:
minimum lot area of 15,000 square feet; smaller lots may be permitted by the gov- (1) Qualified Land Use Zone
erning body only if it can be demonstrated by percolation tests or other means that Uses shall not be permitted within this zone which might result in an assembly
said small lots will not result in ground water, soil, or other contaimination which of persons; manufacturing or storage of materials which explode on contact; and
might endanger the public health; likewise, larger lots may be required on the basis the storage of flammable liquid above ground. Prohibited uses shall include
of percolation or other tests. educational, institutional, amusement, and recreational. Permitted uses shall
Non-residential land uses and apaztment buildings may be permitted in areas with- include single-family homes, commercial, and industrial uses.
out sanitary sewer only if a special use permit is issued; said special use permit shall
not be granted if thegoverning body determines that a satisfactory waste disposal
method and system is no[ available.
4.33 Stream Lots
All lots which are adjacent to a drainage way (flowing stream that flows on an
average of at least 30 continuous days the average yeaz) shall be subject to flood LEVEL
plain zoning. In any event, the governing body may require added building setback RUNWAY AREA
from the stream and may also require dedication of a drainage easement. If addi- Zone for protection of
tional land is desired for public access, a building permit shall not be issued for at aircraft and persons On minimum
least 90 days during which time a public body may act to secure the tteceasary land. the ground
4.34 Quasi-Public Structures
No quasi-public structure shall be located within the public right•of-way except I- 1~2 •
by permit, such structure shall include but not be limited to trash containers, bi-
cycle racks, benches, planting boxes, awnings, flag poles, light standards, stairs, ti11LE
stoop, light wells, loading wells, signs, and others.
4.35 Flood Control
(1) Definitions
Flood Plain: The area adjoining a river, stream, drainage channel, pond or any
low azea which is subject to flooding. AT LEAST 2 MILE$
Floodwey: The channel or bed of a river, stream, drainage channel or pond and
[hose portions of the flood plains adjoining which are required to efficiently (2) Airways Zoning
carry and discharge the flow of the river or stream and for the purpose of this Except as otherwise provided in this ordinance and except as required necessary
ordinance. and incidental to airport operations or recommended by or in accordance with
Flood Water: The water of any river, stream, drainage, channel, low area, or the rules of [he Civil Aeronautics Administration, no structure shall be can-
pond which is above and/or outside the channel or banks of said river, stream, strutted, altered, or maintained, and no trees shall be allowed to grow so as to
drainage channel or pond. project above the landing azea or any of the airports referenced imaginary
Design Flood: The design flood which has been calculated for a given watershed surfaces described following:
or area from record and study. In the absence of any special engineering studies, An airport approach area is established at both ends of all runways. The ap-
the 1965 high water levels shall be used as a standard in this ordinance in de-
termining azeas subject to flooding.
(2) FloowayDistrictRegulations
Permitted Uses:
All buildings, structures, construction grading and deposits that are essential
to the operation of the community such as bridges, sewer outfalls, power and RUNWAY •
telephone line supports, and other service structures. ~ _ _ ~ _ ¢ _ 2250
Non-damagable or low damage potential types of uses, such as agriculture,
parking lots, park, recreation areas, and docking facilities. 25~~
Mineral Resources extration operations.
Provided however, that no building, structure or improvement shall be erected
and no filling or grading undertaken unless they are designed and constructed
so as not to constitute an obstruction to flood flow and until plans for such AppROACH SURFACE PLAN VIEW - •
work, approved in writing by the Community Engineerhas been filed with [he
governing body and Building Permit issued.
(3) Flood Plain District Regulatlons
Permitted Uses:
All buildings, structures, construction, grading and deposits that are permitted
under the primary zoning classification.
Provided that:
No residence or place of abode shall be constructed unless the ground upon
which such residence is to be erected and twenty feet beyond the limits of such
residence and the entire access drive to the public street shall, prior to or a[ the Slope 40:1
time of such construction, be raised to an elevation not less than one foot above
the design flood elevation as shown on the zoning maps and the first floor of Line of Maximum building Height
such residence shall not be less than three feet above the design flood eleva- 250•
Lion.
No basemen[ floor shall be constructed to an elevation lower than the design RUNWAY
flood elevation unless such basema?nt has been designed to withstand pressure / / ~
from water at the design flood elevation and certified by a registered professional 7T~"~TT7T
engineer with such condition being made a part of the building permit. ~ 1Cr00p~
No street grades shall be placed at a lower elevation than the design flood r
elevation. (No Seale)
Filling or excavating of land may be permitted subject to the regulations of
all applicable zoning regulations. APPROACH SURFACE ELEVATION
Construction of streets, residences and other buildings at elevations below
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• proach surface is an inclined plane located directly above the approach area. the governing body may grant such permits.
The dimensions of the approach area are measured horizontally. Such area has The Village clerk shall maintain a record of all special use permits issued in-
• a length of 10,000 feet beginning 200 feet outward from the end of the runways eluding information on the use, location conditions imposed by the governing
on the extended outward, ending at a point 10,200 feet from the end of the
body, time limits, review dates, and such other information as may be appro-
. runways on the extended centerline of the runways. The width, slope, hori- priate.
zontal surface, conical surface, and dimensions are as shown on a sketch map Any change involving structural alteration, enlargement, intensification of
• herein. use, or similaz change not specifically permitted by the special use permit issued
The transition surface consists of an area beginning with a line parallel to, shall require an amended special use permit and all procedures shall apply as
• at the same elevation as, and 125 feet distant from, the centerline of each run- if a new permit were being issued. All uses existing at the time of adoption of
way or runway extended, and from such line extending upward at a slope of this ordinance and automatically granted a special use permit shall be con-
• 7.1 to its intersection with the horizontal surface. Also, beginning at each edge sidered as having a special use permit which contains conditions which permits
of the approach surface to the runways and extending upward from the edges the land use and structures as they existed on said date and any enlargement,
• of such approach surfaces at a slope of 7.1 until it intersects the horizontal structural alteration, or intensification of use shall require an amended special
or conical surface. use permit as provided For above.
• No use may be permitted in such a manner as to create electrical interference Certain uses, while generally not suitable in a particular zoning district, may, '
with radio communications between airport and aircraft, make it difficult for under some circumstances, be suitable. When such circumstances exist, a spe-
pilots to distinguish between airport and other lights, result in glare in the eyes cial use permit may be granted. Conditions may be applied to issuance of the
of pilots using the airport, impair visibility in the vicinity of the airport, or other- permit and a periodic review of the permit may be required. The permit shall
wise endanger the landing, taking off, or maneuvering of aircraft, be granted for a particular use and not for a particular person or firm. The
Airpore Land Area, Approach Area, Width, Slope, Horizontal Surface, and Coni- cancellation of a special use permit shall be considered equivalent to a rezoning,
cal Surfaces: and the same requirements and procedures shall apply.
Maximum Height of Buildings, Structures, and Trees Below a Runway Approach (2) Critex9a for Granting Special Use Permits
Surface In granting a special use permit, the governing body shall consider the advice
• (3) Miscellaneous Zones and recommendations of the Planning Commission and the effect of the pro-
(s) Instrument Approach Zones: These zones begin at 200 feet from the end posed use upon the health, safety, morals, and general welfare of occupants of
• of instrument runways and are 50,000 feet long. They fan out in width from surroundhtg lands, existing and anticipated traffic conditions including parking
1,000 feet of 16,000 feet. Height limitations is one foot in height for every facilities on adjacent streets and land, and the effect on values of property and
. 60 feet in horizontal distance from the runway for the First 10,000 feet and, scenic views in the surrounding area, and the effect of the proposed use on the
thereafter, one foot in height for each 50 feet 1n distance for the remainder comprehensive plan. If it shall determine by resolution that the proposed use
of the zone, will not be detrimental to the health, safety, morals, or general welfare of the
(b) Non-Instrument Approaoh Zone: These zones begin 20U font from the community nor will cause serious traffic congestion nor hazards, nor will
non-instrument runway and extend fnr a distance of itl,000 feet, They fan seriously depreciato surrounding property values, and that said use is in har•
out in width from 1,000 feat to 4,000 fact, The height limitation is one font many with the general purpose and intent of this ®rdinanon and the Comprn-
in heightl'or eanh 50 font in distance from the runway. hensive Plan, the governing body may grant sunk permits,
(c) Inner Horizantal Zone: This zone forms a circle with a radius of 20,200 (3) Procedure
font froflt~~t the geographic cantor of the airport. Maximum height permitted Cal The person applying for a special use permit shall fill out and submit to the
varies ft!nm 35 feet at the airport boundary and increases one foot in height Clerk a "Zoning Forrn" together with a fee of $45.00.
for each 00 feet in distance m a maximum of 150 feet above the established Cb) The Clerk shall refer the application to the Planning Commission, Property
airport elevation, owners within 200 feet of the property in question shall bn notified, although
(d) Conical Zone; This zone extends outward 5,000 t'eet from the inner hnri• i'ailurg of any property owner to receive such notification shall not invali-
zontal zone, Hnight limitation 9s one foot in height fnr each 40 feet in dis- date the proceedings, Nntificahon shall be by registered mail by the Village
tines up to a maximum height of 35U feet above the established airport Clerk 10 (ten) days prior to the hearing. Notion of public hearing shall be
elevation. published 10 (ten) days prior to the hearing.
(e) Outer Horizontal Znne: This area extends outward 6,000 feet from the Cc) The Planning Commission shall consider the petition at its next regular
conical zone. Height limitation is constant at a rnaximum of 350 font above meeting, but not earlier than seven days tY`om date of .submission to the
the airport elevation. Planning Commission.
(f) Transition Zone: These zones are adjacent to the runway approach zones. (d) The petitioner or his representative shall appear before the Planning Com-
The height limitation is one foot in height for each seven feet in distance. mission in order to answer questions .concerning the proposed special use.
All of the height limitations are computed From the established airport eleva- (e) The report of the Planning Commission shall be placed on the agenda of
lion. the governing body at its next regular meeting following referral from the
Planning Commission, but not later than 90 days after the applicant has
• Section 5 -ADMINISTRATION submitted the application.
5.1 Amendments
In accordance. with the provisions of Minnesota statutes, the overnin bad ma , (f) The governing body must take action on [he application within 60 days
g g Y Y after receiving the report of the Planning Commission. If it grants the
from time to time, adopt amendments. All proposed amendments shall be referred special use permit, the governing body may impose conditions (including
• to the Planning Commission prior to adoption. The Planning Commission shall hold time limits) it considers necessary to protect the public health, safety, and
a public hearing on the proposed amendment. welfare and such conditions may include a time limit for the use to exist
• 5.2 Rezonings or operate.
The procedure For changing zoning district boundaries (rezoning) shall be as fol- (g) An amended special use permit application shall be administered in a roan-
. lows: ner similar to that required for a new special use permit except that the fee
(1) The Planning Commission, [he governing body, or property owner may initiate shall be $45.00; amended special use permits shall include re-application
a rezoning. Persons wishing to initiate a rezoning of property shall fill out a
"Zoning Form." The zoning form shall be accompanied by a fee of $45, to be for permits that have been denied, requests for changes in conditions, and
as otherwise described in this ordinance.
used for the costs of processing the application. The zoning form shall be filed (h) No application for a special use permit shall be resubmitted for a period
with the Village Clerk. of six (6) months from the date of said order of denial.
(2) Property owners or occupants within 200 feet of the property in question shall (i) If a time limit or periodic review is included as a condition by which a
be notified in writing, although failure by any property owner to receive such special use permit is granted, the Special use permit shall be reviewed at a
notification shall not invalidate the proceedings. Notification shall be by certi- public hearing with notice of safdhearing published at least seven (7) days
fled mail by the Village Clerk who shall furnish proof that the notices were prior to the review; it shall be the responsibility of the Clerk to schedule such
sent 10 (ten) days prior [o hearing. public hearings and [he owner of land having a special use permit shall not
(3) A public hearing on the rezoning application shall be held by the Planning be required to pay a fee for said review.
Commission at its xrst regular meeting after the rezoning request has been re- 5.4 Vorianaes and Appeals
ceived. Notice of aid hearing shall be published in the official newspaper
10 days prior to hearing. Where there are practical difficulties or unnecessary hardships in any way of carry-
(4) Note: Present Ordinance 45 days. ing out the strict letter of the provisions of this ordinance, an appeal may be made
(5) The governing body must take action on the application within 60 days fol- and a variance may be granted. The h^rdships or difficulties must have to do with
lowing referral by the Planning Commission. The person making the applies- the characteristics of the land and not of the property owner. The procedure for
lion shall be notified of the Council's action. Such action may consist of approval, granting variances is as follows:
denial, or referral back to the Planning Commission. (1) A person desiring a variance shall fill out and submit to the community Clerk
(6) No application for rezoning which has been denied wholly or in part shall be a "Zoning Form" together with a fee of $10.00.
resubmitted for a period of six (6) months from the date of said order of denial (2) The application shall be referred to the Planning Commission which shall
unless there is a substantial change in the application. submit a report to the governing body. A mailed notice shall be sent to contigious
5.3 Special (Conditional) Uses General Statement property owners by the Village Clerk.
(1) Special Use Permits may be granted or denied in any district by action of the (3) The petitioner shall appear before the Planning Commission in order to answer
questions.
governing body. In granting a special use permit the governing body shall con- 4 The overnin bad ma
sider the advice and recommendations of the Planning Commission and the g g Y Y grant the variance if it finds that a hardship has been
effect of the proposed use upon the health, safety, morals, convenience, and created by the shape or condition of [he parcel in question; granting the variance
general welfaze of occupants of surrounding lands, existing and anticipated is necessary to the reasonable use of the land and granting the variance will not
traffic conditions including parking facilities on adjacent streets and land, adversely affect the existing or potential use of adjacent land.
_ the effect on utility and school capacities, the effect on property values of prop- Section 6 -ZONING DISTRICTS AND MAP
• erty in the surrounding area, and the effect of the proposed use on the Compre- 6.1 Districts
hensive Plan. If it shall determine that the proposed use will not be detrimental For the purposes of this Ordinance the Village of Lakeville is hereby divided into
• to the health, safety, convenience, morals, or general welfaze of the community - the following Use Districts and groups of Use Districts:
nor will. cause serious traffic congestion nor hazards, nor will seriously depre- "R" RESIDENCE DISTRICTS
• elate surrounding property values, and that said use is in harmony with the "R-lA" One Family Residential District
general purpose and intent of this Ordinance and [he comprehensive plan, "R-1F" One Family Residential District
- -
~ -7--
•
•
•
"R-1C" One Family Residential District horses for the use of the occupants of the premises, provided that any accessory •
"R-1D" One Family Residential District building used for housing such animals shall be located not less than one hun-
"R-2" Two Family Residential District Bred (100) feet from the nearest contiguous residence.
"R-3A" Multiple Residential District 7.4 Lot Area, Height, Lot Width and Yard Requirements
"R-3B" Multiple Residential District (1) No structure or building shall exceed twenty-five (25) feet in height except
"R-3C" Multiple Residential District as provided in Section 25.21 of this Ordinance.
"R-3D" Mobile Home Park District (2) Aside yard abutting a street shall not be less than thirty (30) feet in width.
"FR" FarrnResidenceDistrict (3) The following minimum requirements shall be observed subject to the addi-
"B" BUSINESS DISTRICTS tional requirements, exceptions and modifications as set forth in this Section
"B-1" Limited Business District and Section 4.
"B-2" Neighborhood Business District Front Side Rear
"B-3" Central Business District Lot Area Lot Width Yard Yazd Yard
"B-4" General Business District 1 Acre 200 ft. 30 ft. 10 ft: on 30 ft.
"B-5" Shopping Center Dfetrict each side
"I" INDUSTRIAL DISTRICTS House size requirements, ~
"I-lA" Industrial Park District 3 bedroom 1040 square Feet above grade
"I.1B" Limited Industry District 2 bedroom 980 square feet above grade ~
"I.2" General Industry District 2 story 720 square Peet per floor above grade •
All reference in this Ordinance to "R", "H", and "I" Districts shall refer to the Use
District groups as above set forth, and reference to epeclflc Use Districts shall be by Seetlon 8 - "R-1 B"ONE FAMILY RESIDENTIAL DISTRICT
reference to the individual districts listed above as "R-lA", "R-1B" and so forth. B•1 Permitted, Conditonof and Accessory Usas
6.2 Map Within the "R-1B" One Family Residential District, permitted, conditional and
The boundaries of the above Districts are hereby established ae shown on that car- accessory uses shall be the same as those listed in Section 7, "R-lA" Districts.
twin map entitled "Zoning Districts of Lakeville, Minnesota April 20, 1970," which 8.2 Lot Area, Height, Lot Width, and Yard Requirements
map is properly approved and filed, hereinafter referred to as the "Zoning Map." (1) No structure or building shall. exceed twenty-five (25) feet in height except as
Said map and all of the notations, references and other information shown thereon Provided in Section 25.21.
shall have the same fome and effect as if fully set down herein and aze hereby in- (2) The following minimum requirements shall be observed subject to the additional
corporated by reference and made a part of this Ordinance. requirements, exception and modifications as set forth in this Section and Section 4.
6.3 Boundaries Side Yard
Where any uncertainty exists as to the exact location of a boundary line, as shown Lot Area Lot Width Front Adj. to Adj. to Reaz
on said zoning map, the location of such line shall be determined by the Council. (Sq. Ft.) Yazd Another lot Street Yard
20,000 100 ft. 30 ft. 10 ft. 20 ft. 30 ft.
Section 7 • "R-1 A" ONE FAMILY RESIDENTIAL DISTRICTS Section 9 - "R-1C"ONE FAMILY RESIDENTIAL DISTRICT
7.1 Permitted Uses 9.1 Permitted, Conditionol and Accessory Uses •
Within any "R-1A" One Family Use District, no structure or land shall be used except Within the "R-1C" One Family Residential District, permitted conditional and ac-
forone (1) or more of the following uses: cessory uses shall be the same as those fisted in Section 7, "R-lA" Districts.
(1) One Family detached dwellings. (1) Any use permitted in the "R-1A" District.
(2) Public parks and playgrounds. 9.2 Conditional Uses •
7.2 Conditional Uses Within any "R-1 C" One Family Residential District, no structure or land shall be used
Within any "R-lA" One Family Use District, no structure or land shall be used for for the following uses except by conditional use permit •
the following uses except by conditional use permit (1) Any conditional use permitted in the "R-lA" Districts.
(1) Public and parochial schools provided no building shall be located within fifty 9.3 Permitted Accessory Uses •
(50) feet of any lot line. Within any "R-1C" One Family Residential District, the following uses shall be
(2) Churches including those related structures located on the same site which Permitted accessory uses: •
are an integral part of the church proper, convents or homes for persons re- (1) Any accessory use permitted in the "R-lA" District.
lated to a religious function on the same site provided no more than ten (10) 9.4 Lot Areo, Height, Lot Width and Yo.d Requirements •
persons shall reside on the site and no building shall be located within fifty (1) No structure or building shall exceed twenty-five (25) feet in height, except
(50) feet of any lot line. as provided in Section 25.21. •
(3) Municipal buildings and structures not including storage of maintenance equip- (2) The following minimum requirements shall be observed wherein there is pro-
ment and trucks over 11/2 tons, stockpiling of aggregate and open storage of vided a community sewer or water system and shall be subject to the additional require-
material, but including fire fighting apparatus, shall be located within fifty ments, exceptions and modifications as set forth in this Section and Section 4.
(50) feet of any lot line of an abutting lot in an "R" Use District. Side Yazd
(4) Those uses as permitted and regulated in Section 4, General Provisions, of Lot Area Lot Width Front Adj. to Adj. to Rear
this Ordinance. Interior Interior Yard Another lot Street Yard
(5) Golf courses, country clubs, tennis clubs, public swimming pools serving more Corner Corner
than one (1) family. The principal structure for any of the above listed uses (Sq. Ft.) (Ft.) •
shall be one hundred (100) feet or more from any abutting lot in an "R" Dis- 11,000 85 30' 10' 20' 30'
trio, and accessory structure shall be a minimum of fifty (50) feet from any 12,500 100' •
lot line. 90' as an
(6) Essential service structures, including but not limited to buildings such as overall lot f?
telephone exchange stations, booster or pressure regulating stations, wells and average
pumping stations, elevated tanks, lift stations and electrical power substations, (3) Where no.sanitary sewer or municipal water system is available, [he following
provided no building shall be located within fifty (50) feet from any lot line of minimum requirements shall be observed:
an abutting lot in an "R" District. Prior to granting such permit it shall be found Side Yard
that the architectural design of service structures is compatible to the neighbor- Lot Area Lot Width Front Adj. to Adj. to Rear
hood in which it is to be located and thus will promote the general welfare. (Sq. Ft.) Yard Another Lot Street Yard
(7) Commercial greenhouse provided all outside storage is fenced in such a manner 13,000 100 ft. 30 ft. 10 ft. 20 ft. 30 ft.
so as to screen the stored material from view when observed from the public Section 10- "R-1 D"ONE FAMILY RESIDENTIAL DISTRICT •
street or an adjoining lot. 10.1 Permitted, Conditionol and Accessory Uses
(S) Hospitals for human care, sanitariums, rest homes and nursing homes, pro- Within the "R-1D" One Family Residential District, permitted conditional and ac- •
vided that all structures except fences shall be located one hundred (100) feet cessory uses shall be the same as those listed in Section 7, "R-lA" Districts.
or more from the lot line of any abutting lot in an "R" District; lodging rooms (1) Any use permitted in the "R-lA" District.
providing such rooms do not create the need for more than two pazking spaces 10.2 Conditional Uses •
and do not include cooking facilities. Within any "R-1D" One Family Residential District, no structure or land shall be
(9) Off-street pazking when the proposed site of the off-street parking abuts on a used j'or the following uses except by conditional use permit.
lot which is in the "B" or "I" District and is in the same ownership as the land (1) Any conditional use permitted in [he "R-lA" Districts. •
in the "B" and "I" District and subject to those conditions set forth ir. Section 4, 10.3 Permitted Accessory Uses •
and such other conditions as found necessary by the governing body to carry out Within any "R-1D" One Family Residential District, the following uses shall be per-
the intent of this Ordinance. mitted accessory uses.
(10) Accessory structures and uses other than those listed as permitted. (1) Any accessory use permitted in the "R-lA" District. •
(11) Cemeteries 10.4 Lot Areo, Height, Lot Width and Yard Requirements •
(12) Signs for the purpose-of selling or promoting residential projects involving (1) No stmcture or building shall exceed twenty-five (25) feet in height, except
more than ten (10).dwelling units.. as provided in Section 25.21. •
7.3 Permitted Accessory Uses (2) The following. minimum requirements shall be observed wherein there is pro-
Within any "R-lA" One Family Use District, no accessory structures or use of land vided a community sewer and water system, and shall be subject [o the addition-
shall bepermitted except for one (1) or more of the following uses: al requirements, exceptions and modifications as set forth in this Section and
(1) Private garages and parking space.
Section 4.
(2) Private swimming pool and tennis court. Lot Area Lo[ Width Side Yard •
(3) Home-Occupation. Inferior Corner Interior Corner Front Adj. To Adj. To Rear
(4) Signs as regulated in this Ordinance. (Squaze Feet) (Feet) Yazd Another Lot Corner Yard
(5) Buildings temporarily located for purposes of constructing on the premises 9,375 11,250 75' 90' 30' 7'
for a period not to exceed time necessary for such constructi~tg. 20' 30'
((i) Gazdening and other horticultural uses where no sale of products is conducted Section 11 - "R-2"TWO FAMILY RESIDENTIAL DISTRICT •
on the premises. 11.1 Permitted Uses
(7) Decorative landscape features. Within the "R-2" Two Family Residential District, no stmcture or land shall be used •
(S) The keeping of domestic animals for non-commercial purposes including except for one (1) or more of the following uses:
•
•
•
• (1) Any use permitted in the "R-lA" District, and as regulated therein. 13.3 Permitted Accessory Uses
(2) Twofamilydwelling. Within any "R-3B" Multiple Family Use District, the following uses shall be per-
. 11.2 Conditional Uses mitted accessory uses:
Within any "R-2" Two Family Residential District, no structure or land shall be used (1) Any accessory use permitted in the "R-lA" District.
• .for the following uses except by conditional use permit: 13.4 lot Area, Height, Lot Width and Yord Requirements
(1) Any conditional use permitted in the "R-lA" District. (1) No limit shall be placed on height of buildings in the "R-3B" District except
• 11.3 Permitted Accessory Uses that buildings over thirty-five (35) feet shall have front, side and rear yards
Within the "R-2" Two Family Residential District, the following uses shall be per- equal to three-fourths (~i'a) of the height of the building, and shall be subject to
• mitted accessory uses; receiving a conditional use permit as set forth in this Ordinance.
(1) Any accessory use permitted in the "R-lA" District (2) Structures containing more than Four (4) dwelling units in an area which is not
• 11.4 Lot Aroa, Height, Lot Width and Yord Requirements served by a public sewerage system shall require a conditional use permit.
(1) No structure or building shall exceed twenty-five (25) feet in height except as (3) The following minimum requirements-shall be observed wherein there is pro-
provided in Section 25.21. vided a community sewer or water system, and shall be subject to additional
(2) The following minimum requirements shall be observed wherein there is pro- regtirements, exceptions and xhodificadons as set forth in this Section and
vided a community sewer or water system, and shall be subject to the additional Section 4.
requirements, exceptions and modifications as set forth in this Section and Sec- For Structures containing Five (5), Six (6), or Seven (7) Dwelling Units:
tion 4. Side Yard
For one family structures: As required in the "R-1 C"one family district. Lot Area* Lot Width Front Adj. To ,Adj. To Rear Yard Recreation Arco
For two family structures: (Sq. FtJ Yard Another Lot Street
Side Yard 20,000 100' 30' 15' 30' or ~a 30' or 20% At least 20% of
Lot Area Lot Width Front Adj. To Adj. To Rear Lot Area per Plus 3,000 the height of depth the lot area
(Sq. FtJ Yard Another Lot Street Yard Dwelling Unit for each of the btnld• whichever shall be pre-
(Sq. FtJ dwelling unit ing which- is more. served solely
15,000 100' 30' 10' 20' 30' 7,500* over Four (4). ever is the for recreation
*Lot area per dwelling unit without sewer or water is 15,000 square feet per dwelling greater. purposes.
• unit with a lot width of 200 feet. Section 14 - "R-3C"MULTIPLE FAMILY RESIDENTIAL DISTRICT
Section 12 - "R-3A"MULTIPLE FAMILY RESIDENTIAL DISTRICT 14.1 Permitted Uus
12.1 Permitted Uses Within any "R-3C" Multiple Family Use District, no structure or land shall be used
Within any "R-3A" Multiple Family Residential District, no structure or land shall except for one (1) or more of the following uses:
be used except for one (1) or more of the following uses: (1) Any use permitted in the "R-3B" District, and as regulated therein.
(1) Any use permitted in the "R-2" District, and as regulated therein. C2) Structures containing any number of units over seven (7) as regulated herein.
• 14.2 Conditional Uses
(2) One (1), Two (2), Three (3), or Four (4) family dwelling structure. Within any "R-3C" Multiple Family Use District, no structure or land shall be used
• Nursing homes, rest homes; or retirement homes and similar uses, provided for the following uses except by conditional use permit:
the site shall contain not less than eight hundred (800) square feet of lot area (1) Any conditional use permitted in the "R-3A" District.
• for each person to be accommodated, hospitals for human care and sanitariums 14 3 Permitted Accessory Uses
provided buildings for uses described in this section are fifty (50) feet or more Within any "R-3C" Multiple Family Use District, the following uses shall beper-
• from a ]ot line of an abutting lot in an "R" District.
(3) Those uses as permitted and regulated in Section 4 of this Ordinance. mitted accessory uses:
• 12.2 Conditional Uses (1) Any accessory use permitted in the "R-1A" District.
Within [he "R-3A" Multiple Family Residential District, no structure or land shall ~ 14.4 Lot Area, Height, Lot Width and Yord Requirements
• be used for the following uses except by Conditional Permit. (1) No limit shall be placed on height of buildings in the "R-3C" District, except
(1) Any use permitted in the "R-2" District, and as regulated therein shall be a use that buildings over thirty-five (35) feet and less than thirty-seven. (37) dwelling
• by conditional use permit. units shall have front, side and rear yards equal to three-fourths (3/a) of the height
(2) Private clubs and lodges provided buildings are not less than thirty (30) feet of the building, and shall be subject to receiving a conditional use permit as set
from a lot line of an abutting lot in an "R" District. forth in this Ordinance.
(2) Structures containing more than four (4) dwelling units irr an area which is
(3) Day nurseries and nursery schools, provided that not less than fifty (50) square not served by a public sewage system shall require a conditional use permit.
feet of outside play space per pupil be provided, that said space be fenced.
(3) The following minimum requirements shall be observed wherein there is pro-
(4) Private swimming pools intended for and used solely by the occupants of the prop- vided a community sewer or water system, and shall be subject to additional
• erty on which it is located and their guests, provided the water surface of said requirements, exceptions and modifications as set forth in this Section and
pool is located no[ less than fifteen (15) feet from any lot line, that the pump and Section 4.
filter installed be not less than twenty-five (25) feet from any lot line and that
SideYazd ReazYazd
the pool azea be so fenced as to prevent uncontrolled access from the street or Lot Area Lo[ Width Front Adj. [o Adj. to 30 ft. or 20%
. from adjacent property. Sq. Ft. Yazd Another Lot Street of depth
(5) Motels and motor hotels if located on property having frontage on a state or Structures IOOf[. 30 ft. 15 ft. or 30 ft. whichever is
• federal highway or contiguous to anon-residential district provided the number containing a/s the height more
of rental units is limited to one (1) for each one thousand (1,000) square feet of one (1) thru of thebuildfng
• lot area. seven (7) whichever is
12.3 Permitted Accessory Uses ~ dwelling the greater
Within the "R-3A" Multiple Family Residential District, the Following uses shall units as re-
be permitted accessory uses: quired in
• (1) Any accessory use permitted in the "R-lA" District. "R-3B" dis-
12.4 Lot Areo, Height, Lot Width and Yard Requirements trios. Lot
(1) No limit shall be placed on height of buildings in the "R-3A" zone except that azeaforstruc-
buildings over thirty-five {35) feet shall have front, side and rear yazds not less tures contain-
than .one-half {t/z) of the height of the building, and shall be subject to receiving ing eight (8)
a conditional use permit as set forth in Section 5.3. or more
(2) The following minimum requirements shall be observed wherein there is pro- dwelling
vided a community sewer or water system, and shall be subject to additional units shall
requirements; exceptions and modifications as set forth in Section 4. be as follows:
For structure containing three (3) or four (4) dwelling units: Lot Area/
Lot Area Sfde Yard Dwelling
Interior Corner* Front A . To Adj. To Rear Recreation
dl Unit (sq. ft.)
(Sq. Ft.) Lot Width Yard Another Lot Street Yard Area Efficiency and one bedroom units 2000 sq. ft
20,000 22,000 100' 30' 15' or 3i4 20' 30' or On lots Two or more bedroom units 2,$00 sq: ft.
the height of 20% of containing Except that there shall be no less than 20,000 sq. ft. of lot area for any structure contain-
. the building depth, two or more ing eight (8) or more dwelling units.
whichever is the whichever bedroom units, Credit of 300 sq. ft. per Unit per stall for underground pazking.
• greater. is more. at least 300 (4) Elevated or "High'Rise" Structures -
squarefeet of Strudtures exceeding 35 feet or three stories in height and containing more than
• lot area shall 36 dwelling units shall require a conditional use permit. Said buildings shall be
be preserved subject to the following minimum requirements:
. solely for Lot ArealDwelling Minimum Front Rear
recreation Unit (sq. ft.) Lot Area Yard Yard
• purposes. Sq. ft
Efficiency and One-$ed-
• Section 13 - "R-3B"MULTIPLE FAMILY RESIDENTIAL DISTRICT room units 1,000 30,000 50 ft. 20% of
13.1 Permitted Uses Two or more bedroom units lot depth
• Within any "R-3B" Multiple Family Use District no structure of land shall be used 1500
except for one (1) or more of the following uses:
(1) Any use permitted in the "R-3A" District, and as regulated therein. Side Yard
• (2) Five (5), Six (6), or Seven (7) Family Dwelling Structures. .Adj. to Street 50 ft.
• 13.2 Conditional Uses Adj. to Another lot 25 ft. plus 3 feet for each 10 feet of height in excess of 35 feet.
Within any "R-3B" Multiple Family Residential District no structure or land shall Section 15 - "R-3D" MOBILE HOME PARK DISTRICT
• be used for the following uses except by conditional use permit: 15.1 Permitted Uses
(1) Any conditional use permitted in the "R-3A" District: Within any "R-3D" Mobile Home Pazk District, no structure or land shall be used
~ -9-
•
•
except for one or more of the following uses: Section 17 - "B-2"NEIGHBORHOOD BUSINESS DISTRICT •
(1) Moblle Homes (Trailer Coaches) as defined in Section 3 of this Ordinance. 17.1 Permitted Uses
(2) One family detached dwellings. Within any "B-2" Neighborhood Business District, no structure or land shall be •
(3) Public parks and playgrounds. used except for one (1) or more of the following uses, or uses deemed similaz by the
(4) Offices, laundry or other sanitary facility, recreational buildings, as permitted Governing Body. .
in accordance with Ordinance No. 11 of the Village of Lakeville regulating the (1) The following neighborhood retail sales and service businesses supplying com-
establiehment of Mobile Home Parks. modifies or performing a service primazily for residents o£ the sutroundirig .
iS.2 Conditional Uses neighborhood.
Within any "R-3D" Mobile Home Park Aistrict, no structure. or land shall be used (1 a) Antique or gift shop; appliance store; art and school supply store; auto accessory
for the following uses except by conditional use permit: store; bakery goods sales and baking of goods for retail salsa on premises; bank;
(1) Any conditional use permitted in the "R-lA" Districts, bazber shop; beauty shop; bicycle Bales and repair; book office supply and sta-
iS.3 Permitted Aeeuaery Uses tionery store; business office; candy, ice cream popcorn, nuts, frozen dessert
Within any "R-3D" Mob11e Home Park District, the following uses shall be permitted and soft drink shop but not of the drive-in type; camera and photographic supply
acceseoryuses: and processing etoro; delicateeeen and/or dairy store; department stare; drug
(1) Any accessory use permitted in the "R-lA" District store; dry cleaning and laundry pick-up stations including incidental proeeing
15.1 Lot Anw, HdBht, Lot Width and Ya?d RpalromenM and repair; dry goods etoro; Five and Ten 8toro; florist; furnituro; gift or novelty
Lot Area, Height, Lot Width and Yard Requirement ae regulated by Ordinance No,11 store; grocery, fruit or vegetable etoro; hardware store; hobby store including ~
of the Village oP Lakeville, including aA amendments theroto and any other elate handicraft classes not to exceed ten (10) eeudeate;, ixttarior decorating;,,141dehy
and local regulations pertaining to Mobile Home Parke, sales and ropafr storo; laundremat of the self-service type;'library; lac smith;
meat market but not including proceeeiag fpr a locker; medical end dSiftSlri clinic •
Section 16 • "B•1"LIMITED BUSINESS DISTRICT o{offices; music store; newsstand; officee;paint, wallpaper seise; photographic
16.1 Permitted Uus studio; physical culture or dance studio; pipe and tobacco shop; post office;
Within any "B-1" Limited Business District, no structure or land shall be used except record shop; restaurant, cafe, tea room; shoe sales and repair; small appliance
for one (1) or more of the following uses; or uses deemed similaz by the Governing repair shop; sporting goods stores; variety store; wearing apparel shop; -and
Body. similaz uses.
(1) Municipal buildings where the use conducted is customarflyconsidered to be 17.2 CondiNonalUses •
an office use. Within any "B-2" Neighborhood Business District, no structure or land shall be
(2) Professional offices. used for the following uses except by conditional permit. •
(3) Offices of a general nature where the employment within the building does not. (1) Motor fuel stations subject to the regulations of Section 4.29.
exceed fifty (50) persons and the operations do not include retail sales or ware-
housing from the site. (2) Tavern or liquor store. ,
(4) Clinics for human care. (3) Theaters but not of the drive-in type.
(4) Private lodges and clubs. •
(5) Public colleges, universities,and colleges. (5) Accessory structures or uses other than those listed as permitted.
(6) Research centers.
16.2 Conditional Uses (6) Essential service structures. •
(7) Advertising sign (billboazd).
Within any "B-1" Limited Business District, no structure or land shall be used for (g) Open sales or storage lot.
the following uses except by conditional use permit: 17.3 Permitted Accessory Uses
(1) Nursing homes, rest homes or retirement homes, provided the site shall contain Within any "B-2" District the following uses shall be permitted accessory uses:
not leas than six hundred (600) square feet of lot azea for each person to be ac- (1) Any accessory use permitted in the "B-1"District
commodated and that no building be located less than thirty (30) feet from the (2) Any incidental repair, processing or storage necessary to conduct a permitted
side lot line; hospitals for human care, provided that all buildings be located principal use shall not occupy more than thirty (30) percent of the gross floor
not leas than twenty-five (25) feet from the lot line of any lot in an "R" District. area of the principal building.
(2) Funeral homes and mortuaries. 17.4 Lot Aroa, Height, Lot Width and Yard Requiromente
(3) Art, Studio, interior decorating studio, photographic studio, music studio pro- •
vided no retail sales are made of products not manufactured on the site. (1) No limit shall be placed on height of buildings in the "B-2" zone except that
(4) Radio and television studios, buildings over thirty-five (35) feet shall have front, side and rear yards not less
(5) Radio and television towers. than one-half (1/z) of the height of the building, and shall be subject to receiving
(6) Private clubs and lodges not operated for a profit. a conditional use permit as set forth in this ordinance.
(7) Private academies, schools, colleges and universities for teaching.. (2) Wherever a "B-2" Neighborhood Business District abuts or is across the street
(8) Historical buildings, museums, art institutes, galleries, and playhouses. frem an "R" District, a fence or compact evergreen hedge not less .than fifty
(9) Multiple dwellings as permitted and regulated in the "R-3" District regulations, (50).percent opaque nor less than six (6) feet, except adjacent to a street where
either "A", "B", or "C". it shall be not less than three (3) nor more than four. (4) feet in height shall be
(10) Accessory structures or uses other than those listed as permitted. erected and maintained in the front portion of the lot or along the side or reaz
(11) Off-street pazking when the principal site of the off-street pazking abuts on a property line that abuts the "R" District
lot which is in another "B" or "I".District and is in the same ownership as the (3) The following minimum requirements shall be observed subject to additional
land in the "B" or "I" District and subject to those conditions as set forth in requirements, exceptions and modifications as set forth in Section 4. -
Section IV and such other conditions as found necessary by [he Village Council Side Yazd •
to carry out the intent of this Ordinance. Lot Area Front Yazd Adj. to Adj. to Reaz Yard
(12) Essential service structures, including but not limited to buildings such as (Sq. Ft.) Residential Lo[ Street
telephone exchange stations, booster or pressure stations, elevated tanks, lift No area zoned 30 ft. 30 ft. 30 ft. 30 ft
stations, and electric power sub-stations. for one or more
(13) Open sales or storage lot uses permitted
16,3 Permitted Accessory Uses shall be less
Within any "B-1" Limited Business District, the following uses shall be permitted than one (1)
accessory uses.
(1) Private gazages, off-street acre in area.
parking and loading spaces as regulated in this
Ordinance.
(2) Signs as regulated in this Ordinance. Section 18 • "B-3"CENTRAL BUSINESS DISTRICT •
(3) Buildings temporarily located for purposes of construction on the premises for 18.1 Permitted ,Uses
a period not to exceed time necessary to complete said construction. Within any "B-3" Central Business District, no structure or land shall be used except
(4) Decorative landscape features. for one (1) or more of the following uses, or uses deemed similaz by the Governing
(5) Any incidental repair or processing necessary to conduct a permitted principal Body.
use. (1) "B-1" Limited Business District Uaes and "B-2" Neighborhood Business Dis-
(6) Public telephone booths provided all yazd requirements are met. trict uses.
16.4 Lot Area, Hei ht, Lot Width and Yard R (2) Theater, not of the drive-in vaziety. .
9 equirements (3) Private lodges or clubs.
(1) No structure or building shall exceed twenty-five (25) feet in height except as (4) Travel bureau, transportation center. •
provided in Section 25.21 of this Ordinance. 18.2 Conditional Uses
(2) Wherever a "B-1" Limited Business District abuts or is across the street from Within any "B-3" Central Business District, no structure or land shall be used for
an "R" District, a fence or compact evergreen hedge not less than fifty (50) thefollowingusesexceptbyconditionalpermit.
percent opaque nor less than six (li) Feet, except adjacent to a street where it (1) Tavern or liquor store. •
shall be not less than three (3) nor more than four (4) feet, in height shall be (2) Accessory structures or uses other than those listed as permitted.
erected and maintained in the front portion of the lot or along the side or rear (3) Essential service structures. •
property line that abuts the "R" District. (4) Open sales or storage lot
(3) The following minimum requirements shall be observed subject to additional (5) Dwelling units provided the units do not occupy the first floor. •
requirements, exceptions and modifications as set forth in this Section and (6) Motor Fuel Station subject to the regulations of this Ortlinance.
Section 4. 18.3 Permitted Accessory Uses •
Side Yazd Within any "B-3" Central Business District the following uses shall be permitted
Lot Area Front Yard Lot Width Adj. to Atl,j. to Reaz Yard accessory uses. •
(Sq. Ft.) Non-Resi- Street (1) Any accessory use permitted in "B-1" and "B-2" District.
dential Lot 18.4 Lot Area, Height, Lot Width gird Yord Requirement - .
10,000 30 £t. 100 ft. • 10 ft. 20 ft 20 ft. or 1 ~a times (1) The "F.A.R." (floor-azearatio) within the "B-3" District shall not exceed 6.0.
Atlj. to the height of the (2) Uses in the central business district are exempted from individual regulations .
Residential building whichever on lot azea, lot widtlf, front, reaz or side yazdsetbacks.
Lot is more. (3) When the facilities for off-street loading are from an abutting alley, the first
20 ft floor foundation line shall be (20) twenty feet or more from the center of the alley
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• and the distance from the ground to the building above for the entire area where Wing Commission shall transmit to the Governing Body their findings and recom-',
the truck is to be parked during loading or unloading shall be not less than twelve mendations for consideration and action.
(12)feet.
(4) Residential dwelling units shall conform to the minimum floor space and density 20.3 Administration
control as stated in Section 14 of this Ordinance except that the floor area ratio 3 In order [hat [he purpose of this district may be realized, the land and buildings
(6.0) must also be observed. and appurtenant facilities shall be in single ownership or under the management
or supervision of a central authority.
Section 19- "B-4"GENERAL BUSINESS DISTRICT
19.1 Permitted Uses 20.4 Permitted Uses
Within any "B-4" General Business District, no structure or land shall be used except Within the "B-5" Shopping Center District, no structure or land shall be used except
for one (1) or more of the following uses, or uses deemed similar by the Governing for one or more of the following uses:
Body. (1) "B-2" Neighborhood Business District uses but no[ limited in scale to serving
• (1) "B-1" Limited Business District Uses, "B-2" Neighborhood Business District residents of the surrounding area although otherwise regulated as specified
Uses and "B-3" CentralBusiness DistricCUses, but not limited in scale [o serv- except as hereinaf[ermodified.
. ing residents of the. surrounding area although otherwise regulated as speci-
fiedexcept as hereinafter modified. 20.5 Conditionol Uses
• (2) The following retail sales and service businesses: Within any "B-5" Shopping Center District, no structure or land shall be used for
(2a) Advertising sign (billboard); automobile and other vehicles of transportation the following uses except by conditional use permit:
. sales when they are new products; conducted entirely within a building; auto (1) Conditional uses as permitted in the "B-2", "B-3" and'B-4" Districts.
repair; boats and marine sales when conducted entirely within a building; (2) Car Wash
• building material yards, provided. they are conducted entirely within an en- (3) Motel and motor hotels.
closed structure, which if a fence- may be 8 ft. in height when not abutting (4) Amusement establishments
• land located in an "R" District or land in a residential use; commercial green- (5) Automatic vending devices not enclosed in a structure.
house provided all outside storage is fenced in such a manner so as to screen (6) Open sales lot or open storage
• the stored material from view when observed from the public street; diaper or
hand laundry service, provided not more than ten (10) persons are employed; 20.6 PermlHad Accessory Uses
. furniture sales; garden supply store, provided it is conducted entirely within Within any "B-5" Shopping Center District the following uses shall be a permitted
an enclosed structure; interior decorating studio; locksmith; medical and accessory use:
dental clinics, for human care; motels, motor hotels and hotels, provided the (1) Any accessory use permitted in the "B-1"and "B-2" Districts.
site shall contain not less than six hundred (600) square feet of area per unit;
news a rand ublishin office; office buildin s; o Heal and ewel menu- 20.7 Area and Design Requirements
• p ~ P g g p J ry (1) The physical design may include more than one building, however, should such
facturing provided the operation is not located within the front sixty (60) feet
1? of [he first floor; pet shop provided the operation shall not include the board- buildings provide an open space between two buildings said space shall be not
ing of pets on the site, the maintaining of pens or cages outside the building less than one-half (t/2) the sum of the heights of [he two buildings.
or the operating so as to cause an offensive odor or noise; photographic sup- (2) No building shall be nearer than sixty (60) feet to any exterior lo[ line except
plies and processing of film and prints; picture framing; printing shop; physical when abutting or across [he street from an "R" District, no building shall be
culture and health studio; radio and television repair; rugs and floor covering less than one hundred (100) feet from such lot lines.
sales; seat cover, upholstery and drapery shop; wholesale office and show- (3) The design shall include adequate internal circulation drives not less than
room. twenty-two (22) feet in width which are exclusive of the required parking area.
19.2 Conditional Uses (4) The driveway curb cuts to the development shall not exceed twenty-six (26) feet
Within any "B-4" General Business District no structure or land shall be used for in width, six (6) foot return curb radii, and be located not less than sixty (60)
the following uses except through granting a conditional permit: feet from all intersecting streets.
(1) Armories, convention halls, sport areas and stadiums. (5) No limit shall be placed on height of buildings in the "B-5" zone except that
(2) Bowling alleys, billiard and pool rooms, drive-itt theaters, skating rinks, dance buildings over thirty-five (35) feet shall have front, side and rear yards not less
halls, gymnasiums, Y.M.C.A., Y.W.C.A., night clubs, liquor stores, fraternal than one-half (1/z) of the height of the building, and shall be subject to receiv-
organizations. and similar uses provided the structure in which the use is similar ing a conditional use permit as set forth in this ordinance.
shall not be located within one hundred (100) feet of any "R" District. (6) The entire area shall be landscaped, occupied by buildings or structures or
(3) Bus terminals parking areas so treated as to control dust. Should the development be under-
(4) Business or trade school when conducted entirely within a building. taken in stages, all of [he area required to conform to that portion undertaken
(5) Drive-in business subject to the requirements specified in Section 25.17 shall be developed to meet [he preceeding requirements.
(6) Electrical service, heating, plumbing, appliances, upholstery or air-condition- (7) A drainage plan shall be designed and approved for the entire area with such
ing service shop, provided they do not employ more than six (6) personsin re- on-site underground construction as determined necessary by the Governing
• pair or processing. Body.
{7) Motor fuel stations subject to the regulations of Section 4.29. (8) Wherever a "B-5" Shopping Center District abuts or is across the street from an
• (8) Stone and monument sales. "R" District, a fence or compact evergreen hedge not less than fifty (50) percent
(9) Television and radio stations and transmitting towers. opaque nor less than six (6) feet in height, except adjacent to a street where it
{10) Accessory structures, other than those listed as permitted. shall be not leas than three (3) nor more than four (4) feet, in height shall be -
• (11) Open sales lot or open storage. erected and maintained in the front portion of the lot or along the side or rear
(12) Animal hospital or clinic; kennel. property line [hat abuts the "R" District.
• 19.3 Permitted Accessory Uses Section 27 - "I-lA"INDUSTRIAL PARK DISTRICT
Within any "B-4" District the following uses shall be permitted accessory uses: The regulations for the Industrial Park District are intended to encourage industrial
• (1) Any accessory use permitted in "B-1", "B-2" and "B-3" Districts. development that is compatible with surrounding or abutting residential districts and
(2) Any incidental repairor processing necessary to conduct a permitted use shall to encourage high level performance standards. To [his end, development in the
• not exceed thirty (30) percent of [he floor space of the principal building. Industrial Park District is limited to administrative, wholesaling, manufacturing
19.4 Lot Areo, Height, Lot Width and Yard Requirements and related uses that are compatible; and to a low concentration of activity with
• (1) No limit shall be placed on height of buildings in the "B-4." zone except that suitable open spaces; landscaping and parking areas.
buildings over thirty-five (35) fee[ shall have front, side and rear yards not less 21 1 permitted Uses
• than one-half (1/x) of the height of the building, and shall be subject to receiving Within any "I-l A" Industrial Park District no structure or land shall be used except
a conditional use permit as set forth in this ordinance. for one (1) or more of the Following uses and in conformance with [he performance
• (2) Wherever a "B-4" General Business District abuts or is across the street from an standards of this Ordinance.
"R" District, afence or compact hedge not less thanfifty (50) percent opaque (1) Bottling establishments.
• nor less than six (6) feet, except atjacent to a street where it shall be not less (2) Building material sales and storage.
than three (3) nor more than four (4) feet, in height, shall be erected and main- (3) Broadcasting antennae, television and radio.
• tamed in the front portion of [he lot or along the side or rear property line that (4) Camera and photographic supplies manufacturing.
abuts the "R" District.
(5) Cartage and express facilities.
. (3) The following minimum requirements shall be observed subject to additional (6) Stationery, bookbinding and other types of manufacturing of paper and related
requirements, exceptions and definitions as .set forth in this Section and Sec- products, butnot processing of raw materials for paper production.
. tion 4.
Side Yard (7) Dry cleaning establishments and laundries.
Front Yard Lot Width Adjacent to Adjacent Rear Yard (8) Electric light or power generating stations; electrical and electronic products
Residence to Street manufacture, electrical service shops
30 ft 50 ft. 30 ft. 30 ft. 30 ft (9) Engraving, printing and publishing.
(10) jewelrymanufacturing.
• Section 20 - "B-S"SHOPPING CENTER DISTRICT (I1) Medical, dental at,d optical laboratories.
20.1 Purpose(12)Railroadrights-of-way.
• The purpose of this district is to establish provisions for the designating of a district (13) Storage or warehousing-
where a multiple building retail sales and service facility with integrated design (14) Wholesale business and office establishments.
• and a coordinated physical plan, which is appropriately located, can be erected.
Such district shall be developed as a unit according to an approved plan as provided 21.2 Conditional Uses
• below. Within any "I-lA" Industrial Park District, no structure, or land shall be used except
for one (1) or more of the following uses except by conditional use permit.
• 20.2 Application (1) Any manufacturing, production, processing, cleaning, storage, servicing, ae-
The owner or owners of any tract of land in the "B-5" Shopping Center District pair and testing of materials, goods or products similar to those listed in Section
• comprising an areanf not less than fifteen (15) acres of land may submit [o the Gov- 21.1 above which conform to the performance standards set forth in this Or-
erning Body a plan for the use and development of all or part of such tract for the dinance.
• purposes of and meeting the requirements set forth in this section. The proposed (2) Retail and service establishments essential to [he operation of an "1-1A" In-
plan shallbe referred to the Planning Commission for study and report. The Plan- dustrial Park District, and providing goods and services which are primarily
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intended for the use of persons employed in the District. Facture of materials or products such as TNT or dynamite which could decom-
(3) Any use involving outdoor storage lots or sales area, subject to proper screening pose by detonation. •
and fencing.
4 Dwellin accommodations for ni ht watchman. (10) Open storage (primary or secondary use). •
O g g (11)Advertisingsigns(Billboazds).
(5) Structures in excess of 45 feet in height. 22.4 Permitted Accessory Uses •
21.3 Permitted Accessory Uses (1) Signs as regulated in this Ordinance. '
(1 j All uses customarily incident to the uses permitted in Section 21.1 above. (2) Off-street pazking and loading as regulated in this Ordinance. •
(2) Off-street parking and loading as regulated in this Ordinance. (3) Residential structures and related residential uses necessary for security and
(3) Signs as regulated in this Ordinance. safety reasons in relation to a principal use. •
21.4 Lot Ana, Nelght, Lot Widths and Yard Rsquinments (4) Guest houses owned and operated in conjunction with a permitted principal use.
(1) Not more than forty (40) percent of the lot area shall be occupiedby buildings, 22.5 Let Ana, Nsiyht, Lot Widths and Yord R+quiamenes
(2) No building shall exceed a height of fortvflve (45) feet except by conditional (1) Not more than thirty (30) percent of the lot area shall be occupied by buildings.
P (2) No structure shall exceed forty-flue (45) feet in height except as provided in '
use ermit. Section 25 of this Ordinance, •
(3) The Following minimum roquiromente shall be observed, subject to the adds- (3) Whenever an "I.1B" District abuts an "A" Dietrleq a fence or compact ever-
tionalrequirements, exceptlons and modifications ae set forth in this Ordinance. green hedge not lase than flfry (50) percent opaque nor lees than. six (8) feet,
Minimum Lot Aros Lot Width Front Yard Aaar Yard except adjacent to a street where !t-shall be sot lase than three (3) non more ~
10,000 eq. Pt, 100 ft, 50 ft, 30 ft, or iYi heighe of than four (4) feet, in height shall be ereeeed and. maintained i» the front portion
Minimum of 6 acme the building, whichever of the lot, along the side or rear properey line that: abuts the "R" District, ~
to be zoned and is greater, (4) The following minimum roquiromente shall be observed subject to the addition-
developed ae 60 ft. when abutting an al reyuiromente, exceptions and modifcatione ae set forth in this section and ~
Industrial Park "R" District; Section 4.
District Side Yard
Side Yards Lot Area Lot Width Front Yard Adj. to non• Adj. to Rear
10 feet residential lot Street Yard
30 feet adjacent to residential lot 30,000 Sq. Ft. 100 fa 40 ft, 15 ft 40 ft. 30 ft.
30 feet adjacent to street 30 ft, adjacent
21.5 Procedures and Dssiyn Standards to residential lot
(1) All petitions for developing an Industrial Park, for rezoning to establish or ex- (5) Whenever an "I-1B" Limited Industrial District is across a street from an "R"
pand an "I-lA" Industrial Park District must also concurrently follow subdi- District the front or side yazd adjacent to the street shall have a minimum depth
vision platting procedures and a preliminary plat with all supporting data re- of one hundred (100) feet.
quired must be filed with the Governing Body. Section 23 - "I.2"GENERAL INDUSTRY DISTRICT
(2) Upon finding by the Planning Commission that the proposed "I-1A" Industrial 23.1 Permitted Uses •
Park and preliminary plat constitute an industrial district of sustained desire- Within any "I-2" Industry District no structure or land shall be used except for one
bility, will be consistent with long range comprehensive plans for the city, and
meet with the specifications of this section of the Ordinance, and all perform- (1) or more of the following uses:
ante standazds and landscaping provisions of this Ordinance, the Council may (1) Any use permitted in the "I-lA" Industrial Park District or "I-1$" Limited
establish an "I-lA" Industrial Park District on the property included in the Industry District as regulated therein.
Prehminary Plat. Any. substantial change to the submitted plat will require (2) The manufacturing, compounding, assembly, packaging, treatment, or storage
resubmittal to and approval by, the Planning Commission and Governing Body. of the following products or materials not likely to meet the performance stan- ;
~ dazds outlined in Section 25.
(3) All public rights-of-way within the "I-lA" Industrial Park District shall be con- (2a) Brewing, Cement, Concrete, stone cutting, brick, glass batteries. (wet cell),
sidered as collector streets or thoroughfares and shall t~ieet with thoroughfare ceramic products, mill working, metal polishing and plating, paint (pigment
standards controlling the design of such streets with an 80' right-of-way, mfg.), Vinegaz works, rubber products, glastics, meat packing, flour, feed,
(4) Prior to obtaining a building permit or constructing any building improvements grain milling, coal or taz asphalt distillation, rendering works, distillation of
on an individual lot or site within an "I-lA" Industrial Pazk District, five (5) bones, sawmill, lime, gypsum, plaster of parrs, glue, size, cloth, and similar uses.
copies of the site plan of the proposed improvement shall be submitted to and (2b) Commercial stock yards and slaughtering of animals.
reviewed by the Planning Commission. Such site plan shall show the location (2c) Crude oil, gasoline, or other liquid storage tanks.
and extent of proposed buildings, parking, loading, access drives, landscaping, 23.2. Performance Standards -
sewage and water systems, and any other improvements. Planswill be examined All uses in the "I-2" Industry District aze exempt from the performance standards
for compliance with the recorded preliminary plat and attachments thereto and as outlined in Section 25 except that said uses shall not generate noise, odors, glare,
the Planning Commission shall consider the plans and make its recommends- heat, dust, vibrations or other such influences beyond the "I-2" District nor in any
bons to the Governing Body. event constitute a detrimental effect upon the public health, or safety.
Section 22 - "I-7 B" LIMITED INDUSTRY DISTRICT 23.3 Conditional Uses •
22.1 Permitted Uses Within the "I-2" Industry District no structure or land shall be used for the following
Within any "I-1B" Limited Industry District, no structure or land shall be used uses which aze no[ likely to meet theperformance standards outlined in Section 25 •
except for one (1J or more of the following uses: except by conditionaluse permit _
(1) Any use permitted in an "I-1A" District as regulated therein. (1) Paper Mill •
(2) Conducting a process, fabrication, storage, manufacturing or wholesaling op- (2) Creosote plan[
eration or providing a service including any of the following or similar uses meet- (3) Acid Manufacture •
ing the performance standards applicable to the "I-1B" District. (4) Storage, utilization, or manufacture of materials or products which could
decompose by detonation. •
(3) Automobile painting, upholstering, tire recapping and major repair when con-
ducted within a completely enclosed building. (5) Refuse and garbage disposal.
(4) Bus terminals and maintenance garage. (6) Any activity which emits smoke dazker than shade No. 3 on the Ringlemann .
(5) Ice, cold storage plants, bottling works. _ Chaz[.
((i) Machine shops. (7) Auto Wrecking, junk yazd, used auto pazts (Open storage),and similar uses: •
(7) Pain[ mixing: (8) Incineration or reduction of waste material other than customarily incidental
(8) Paper products from previously processed paper. to a principal use. •
(9) Reseazch laboratories. (9) Poison, fertilizer, fuel briquettes.
(10) Trade school. (10) Kilns or other heat processes fired by means other than electricity. +
22.2 Performance Standards (11) Any use .abutting or across the street from any lot not included in, the: "I-2"
The manufacture, compounding, processing, packaging treatment, assembly, of General Industry District. .
storage of any products or materials is permitted in the "I-1B" Industry District (12) Explosives including all utilization, storage, or manufacture of materials or
provided the use is in conformity to the performance standards outline in Section Products such as TNT or dynamite which could decompose by detonation. •
25 of this Ordinance and further provided such use is not listedas a specific use (13) Open Storage (Primary or Secondary use).
permitted by right or conditional use in the "I-2" Industry District as not likely to 23.4 Permitted Accessory Uses •
meet the performance standazds asou[lined in Section 25 of [his Ordinance. Ap- (1) Accessory uses permitted in "I-1A" Industrial Park District and "I-1B" Limit-
edIndustry District. •
plicants for building permits in the "I-1B" Industry District shall submit such evi- 23.5 Lot Area, Height, Lot Widths, and Yard Requirements
dente as may be required by the Planning Commission to assurecompliance with
the performance standards. Should the Planning Commission have any doubt as to (1) Not more than fifty (50) percent of the lot azea shall be occupied by buildings.
the ability of any proposed use to meet the required standards, the matter shall be (2) Height limitations shall be as required in the "I-1B" Limited Industry District.
referred to the Planning Commission who shall make a recommendation to the (3) The following. minimum requirements shall beobserved subject to the additional •
Governing Body who grant or deny the application. requirements, exceptions, and modifications as set forth in this section and Sec-
22.3 Conditionol Uses tion 4. .
Within [he "I-1B" Limited Industry District no structure or land shall be used for SideYazd ~ .
the following uses except by conditional use permit: Lot Area Lot Front Atlj. To Atjj. To ~ Adj. To
(1) Conditional uses which are permitted in the "B-4" District (Sq. F[J Width Yazd Another Lot Street "R" District Reaz Yard
(2) Essential service stmetures. 10,000 75' 40' 15' 30' 30' 30'
(3) Airports, truck and freight terminals and open sales lots. .
(4) Radio or television transmission towers. Section 24 -OPEN DEVELOPMENT DISTRICT
(5) Contractor's yazds when conducted within a building or a completely fenced 24.1 Permitted Uses -
area. Within any "FR" Open Development and Farm Residence District, ho structure or
(6) Accessory structures. land shall be used except For one (1) or more of the following uses:
(7) Restaurants. (1) One family detached dwelling.
(8) Creamery. (2) Public pazks and playgrounds. •
(9) Explosives including all activities involving [he storage, utilization, or manu- (3) All types of agricultural pursuits and accessory for residences as se[ forth in
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. Section 4.8. in some manner so as not to light adjacent property. Base incandescent light bulbs
(4) Greenhouses and nurseries. shall not be permitted in view of adjacent property or public right-of-way.
• (5) Stands for the sale of agricultural products provided said products are at least
in part raised on the premises.
24.2 Conditional Uses and Accessory Uses 25.7 Signs
Within any "FR" District conditional and accessory uses shall be the same as those The purpose of this code is to provide minimum standards to safeguard life, health,
• listed in Section 7, "R-lA" Residence District. safety, property, and public welfare by regulating and controlling the design, quality
24.3 Lot Area, Lot Width and Yard Requirements of materials, construction, type, size, location, electrification, and maintenance of
• Lot azea, width and yard requirements shall be the same as listed in Section 7, "R_ all signs and sign structures not located within a building.
lA"Residence District except that the minimum lot azea shall be five (5) acres. (1) Definitions
Seetion25-pERFORMANCESTANDARDS "Sign" A name, identification, description, display, illustration,
• The performance standards established in this section are designed to encourage structure, or device which is affixed to or painted, or repre-
• a high standard of development by providing assurance that neighboring land uses sented directly or indirectly upon a building or other surface
not within a buildin and which directs attention to an ob-
will be compatible. The performance standards are. also designed to prevent and jeer, product, place activity, person, institution, organiza-
• eliminate those conditions that cause urban blight. All future development shall be tion, or business.
required to meet these standards. The standards shall also apply to existing develop- "Sign Any sign not exceeding ten (10) square feet placed in such
merit where so stated. The Governing Body shall be responsible for enforcing the star- Temporary" a manner as not to be solidly affixed to any building, atruc-
dazds. ture, or land and advertising an event such as a bazaar,
Before any building permit is approved, the Building Official shall determine wheth- special sale, sporting event, or similar situation; in no event,
er the proposed use will conform to the performance atandazda. The developer or land however, shall such gigns be placed on any lot or pazcel of
owner shall supply data necessary to demonstrate ouch conformance. Such data may land for a period to exceed thirty (30) days out of any twelve
include deacriptiom of equipment to be used, hours of operation, method of refuse (12) month period.
disposal, type and location of exterior storage, eta It may occasionally be necessary "Sign A sign which directs attention to a business or profession
for a developer or business to employ apeciaflzed consultants to demonstrate that a Advertising" or to the commodity, service or entertainment not sold
given use will not exceed the performance standards.
or offered upon the premises where such sign is located. or
• 25.1 Exterior Storage to which ft is attached.
(1) do residential districts, all materials and equipment shall be stored within a "Sign A sign which directs attention to a business or profession
i building or fully screened so as not to be visible from adjoining properties, .Business" or to the commodity, service or entertainment sold or offer-
except for the following: laundry drying and recreational equipment, construe- ed upon the premises where such sign is located or to which
• tion and landscaping materials and equipment currently (within period of 12 it is attached.
months) being used on the premises, agricultural equipment and materials if
i these aze used or intended For use on the premises, off-street parking of pas-
senger automobiles and pick-up trucks. One boat and)or unoccupied trailer, "Sign, Ident- In a residential district, a name plate sign identifying a
• less than 30 feet in length, are permissible if stored in the rear yard more than ification" resident (including address and profession or occupation),
ten feet distant from the property line. Existing uses shall comply with this pro- school, church, or other non-business use.
• vision within 12 months following enactment of this Ordinance. "Sign, Any sign which has characters, letter, figures, design or
(2) In all Districts, the governing body may require a Special Use Permit for any ex- Illuminated" outline illuminated by electric lights or tubes as par[ of fhe
. terior storage if it is demonstrated that such storage is a hazard to the public sign proper.
health, safety, convenience, morals, or has a depreciating effect upon nearby "Sign, The entire area within a single continuous perimeter enclos-
. property values, or impairs scenic views, or constitutesthreat to living ameni- Area'.' ing the extreme limits of such sign, and in no case, passing
ties. through or between any adjacent elements; however, such
25.2 Refuse perimeter shall not include any structural elements lying
outside of such sign and not forming an integral part of the
In all districts, all waste material, debris, refuse, or garbage shall be kept in an en- display. Double faced signs may be permitted with the
closed building or properly contained in a closed container designed for such pur- maximum square footage on each side; multifaced signs
• poses. The owner of vacant land shall be responsible for keeping such land free of shall not exceed two times the area of single-faced signs.
refuse and weeds except as authorized by other Village ordinances. Existing uses "Sign, An illuminated sign on which the artificial light is not
shall comply with [his provision within six months following enactment of this Flashing" maintained stationary and/or constant in intensity and
Ordinance. color.
• Passenger vehicles and trucks in an inoperative state shall not be parked in rest- "Sign The supports, uprights, braces and framework ofthe sign.
dential districts for a period exceeding seven (7) days; inoperative shall mean in- Structure"
• capable of movement under their own power and in need of repairs. All exterior "Sign, Any sign containing electrical wiring but not including
storage not included as a permitted accessory use, a permitted use, or included as part Electric" signs illuminated by an exterior, unattached light source.
• of. a special use permit, or otherwise permitted by provisions of this ordinance shall "Sign, A sign which is supported by one or more uprights, poles or
be considered as. refuse. Ground" braces in or uponthe ground other than a combination sign.
Incinerators: Any structure or equipment for the burning of trash not within abuild- "Sign, A sign incorporating any combination of the features of
ing shall not be located in any required yard except by special use permit. All out- Combination" ground, projecting, and roof signs.
• door incinerators except those. for single-family homes shall be fully screened. Upon "Sign-Roof" A sign erected upon or above a roof or pazapet of a building.
advice from the. building official, the governing body may require a special use "Sign-R'all" A sign attached to or erected against the wall of a building
• permit For any incinerator. with the exposed face of [he sign in a plane parallel to the
25.3 Screening plane of said wall.
• Screening shall be required in residential zones where (a) any off-street parking "Sign, Aground sign erected on not more than three shafts or posts
area contains more than four parking spaces and is within 30 feet of an adjoining Pedestal" solidly affixed to the ground.
• residential zone, and (b) where the driveway to a parking area of morexhan six park- "Lot Frontage:" In the case of residential zoned property, lot frontage shall
ing spaces is within 15 feet of an adjoining residential use or zone. mean that lot line which is also a public streetright-of-way ,
Where any business or industrial use (structure, parking or storage) is adjacent line; all corner lots shall be considered as having two lot
to property zoned or developed for residential use, that business or industry shall frontages. In the case of business or industrial property, lot
provide screening .along the boundary of the residential property. Screening shall frontage shall be defined similazly to land zoned for rest-
also'be provided where a business, parking lot, or industry is across the street from a dential use; buildings or lots containing more than one
residential zone, but not on that side bf a business or industry considered to be [he principal use shall be considered as one principal use for
front (as determined by [he Building Inspector) application of area standards; principal uses in buildings
All exterior storage shall be screened. The exceptions are; (1) merchandise being adjacent to a parking lot containing over five off-street
displayed for sale; (2) materials. and equipment being used for construction on the parking spaces shall be considered as having lot frontage on
premises: (3) merchandise located on service station pump islands. that parking lot in addition to lot frontage on another face
The screening required in this section shall consist of a fence or. wall not less than of the building on a public street.
five feet high buf shall not extend within 15 feet of any street or driveway. The "Sign, Real A sign offering property (land andlor buildings) for sale,
screening shall be placed alongproperty lines or in case of screening along a street, Estate" lease, or rent.
15 feet from the street right-of-way with landscaping between the screening and the "Shopping Any grouping of two or more principal retail or other rom-
pavement. A fence shall block direct vision. Planting of a type approved by the Center" mercial uses whether on a singlelot or on abutting lots
Planning Commission may also be required in addition to or in lieu of fencing. under multiple or single ownership. For purposes of sign
25.4 Londacaping regulations, a shopping centershall mean five to twenty
In all districts all developed uses where yards arerequired,. shall provide eland- adjacent commercial uses.
scaped yard along ail streets. This yard shall be kept clear of all structures, storage, "Lighting- Lighting designed so that direct source of light is not visi-
• and off-street parking. Except for driveways, the yard shallextend along the entire Indirect or ble, is screened through plastic, neon tube, or similaz de-
frontage of the lot, and alongboth streets in [he case of a corner lot, such yard shall Diffused" sign.
have a depth of at least 20 feet: "Principal That entrance of a building designed for use by customers,
25.5 Maintenance Entrance" visitors and tenants, .does not include loading doors, ser-
viceentrances, doors to storage areas, or similar entrances.
In all districts, all structures, required landscaping and fences shall be maintained "Sign A sign which has moving parts (structural) does not include
• so as not to be unsightly or present harmful health or safety conditions. Revolving" flashing signs which blink on and off but may include signs
25.6 Glare which produce moving effect through use of illumination;
In all districts, any lighting used to illuminate an off-street parking area, sign, or signs which revolve or turn on an axis point such as a pe-
other structure, shall be arranged as to deflect light away from any adjoining residen- destal, string, or post shall not be considered revolving if
tial zone or from the public streets. Direct or sky-reflected glare, where from flood- less than two complete revolutions per minute.
. lights or from high-temperature processes such as combustion or welding shall not be "Sign, In business or industrial district - a-sign which states only
directed into any adjoining property. The source of lights shall be hooded or controlled Identification the name or address or both of the business, industry, or
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(Name Plate) occupant of the lot or may be a directory listing the names, above average grade and no roof sign more than ten (10)
addresses, and business of occupants. feet above roof.
(2) Permits, Fces, Licenses, and Inspection Projection: Any sign over ten (10) square feet may project only eight (S) •
No signs shall hereafter be erected, re-erected, constructed, altered, or main- feet into any required Yazd.
talned except as provided by this Code and a permit for the same has been issued Illumination: Illuminated and flashing signs permitted. •
by the Building Official. A separate permit shall be required for each sign. In Industrial District
addition, electrical permits shall be required for electric sign. Type: Identification, business, advertising (by special use permit •
All signs shall be erected, re-erected, constructed, altered, and maintained in only), wall, roof, combination, ground, and pedestal.
accordance with provisions of this ordinance and the building code. Size: The total business and identification sign area shall not •
The following signs shall not require a building permit; exceed one (1) square foot .per 100 square feet of .building
a. The changing of advertising copy or message on a painted or printed sign floor area, plus three (3) square feet per foot of lot frontage .
and papered billboards. not occupied by a building.
b, The changing of the message of theater marquees, Height: No .ground or pedestal sign more than twenty flue (25)
c. Maintenance, painting, repainting, or cleaning of a sign unless a structural feet above grade and no roof sign over ten (30) feet above
change is made, roof. •
d. Temporary (temporary election signs), P%~ection: Any sign over ten (10) square feet may project only two
e. Permitted signs in Residence Districts, feet into required yard area.
Sign Permit Fee: A fee of each sign shall be paid, determined by resolution of Illumination Illumination and'flaehing signs permitted.
council
Plan Cheeking Fee; A plan check fee of Five (56.00) Dollars may be required, (5) General Provisions
(3) Design and Construetion a. No sign may be erected that by reason of podtlon, shnpe, movement, color ~
Every sign thereafter ereeted shall hnve painted or designated in a eonspicuoue or in any other manner interferes with the proper funetioning of a traffic
place thereon, the permit number of the Village. sign or signal or otherwise eonstltute a traffic hazard,
Any sign now or hereafter existing which no longer advertises or Identifies a b. There shall be no flashing sign or revolving sign in the Front setback area
bona-fide business conducted, or a service rendered, or a product cold, shall be within 125 feet of a street intersection.(as measured Pmm inter~ectingright-
taken down and removed by the owner, agent, or person having the beneficial of-way lines) or of a residential district, except where lighting for such signs
use andlor control of the building or structure upon which the sign may be is indirect or diffused and in noway constitutes a traffic hazard.
found within ten days after written notice from the Building Official. c• Service stations may erect one pylon or pedestal sign not to exceed twenty- •
All signs shall be maintained so es not to be unsightly to adjoining areas or flue (25) feet in height anywhere in setback area. but no part of any such sign
shall be closer to aide lot lines than the required side yard setback nor within •
create hazards to the public health, safety, or general welfare. The term un- five feet of the rear lot line or street right-of-way line.
sightly shall mean a condition in which the sign has deteriorated to the point d. There shall be no use of ievolvin beacons, beamed li hts, or similaz device .
where at least one-E'ourth (~/a) the surface area of the name, identification, that would so distract automobile tgraffic as to constitute a safety haz~sd.
description, display, illustration or other symbol is no longer clearly xecogniza- e. Signs shall not be painted directly on the outside wall of a building, ferrpe,
ble to the human eye at a distance of forty (40) feet. In the case of painted tree,stone,orother similar objects in any district.
signs, unsightly shall mean that [he paint is peeling away from the structure f. Real estate (for rent, sale, or lease) signs may be placedin any yard providing
surface or is faded so that it is no[ clearly recognizable [o the human eye at a such signs aze no[ closer than ten (10) feet to any property line and do not •
distance of forty (40) fee[. All signs, together with their supports, braces, guys, exceed a total of six (6) square feet per lot frontage residential azeas and
anchors, shall be kept in repair and in proper state of preservation. The display thirty-two (32) squaze feet on any other lot •
surfaces of all signs shall be kept neatly painted or posed at all times. The g, Real estate signs, over six (6) square feet in residential azeas may be con-
Building Official may order the removal of any sign that is not properly main- strutted providing sign azea is not over 300 square feet in azea per lot fron- •
talned. to e, the si
Upon proper presentation of credentials, the $uilding Official ox• his duly au- g gns are located at least 130 feet from any home; and the signs are •
removed within two years unless an extension of time is granted by the gov-
thorized representatives may enter at reasonable times any building, land or erring body, and a special use permit is granted under applicable procedures •
structure in the Village to inspect or reinspect any sign. in the zoning ordinance. Real estate signs over 32 square feet per lot frontage
License Required: Before any person shall engage in the business of doing or and exceeding other sign area limits in business and industrial areas shall •
performing the work of erecting, constructing, enlazging, alteration, repairing require a special use permit.
moving, removing, demolishing, or equipping or maintaining a sign, he shall h. Si ns shall not be
first obtain a license to do so. g permitted within the public right-of-way or easements •
except Public traffic control signs aze permitted in anyright-of-way.
(4) Permitted Signs i. Temporary signs (30 days or less in a twelve month period) shall be per- •
Signs shall be permitted by zoning district in~ accordance with the followinK mitted in any district ih any yazd area except that such sign shall not be
minimum standards: within [en (10) feet of any street rightof-way line or five (5) feet of any
"FR", "R-lA", "R-1B", "R-1C", "R-1D" and "R-2" Districts other lo[ line and further provided there shall be no more than three (3) such
Type: Identification, ground, combination, wall and pedestal. signs on any lot and the total area of such signs shall not exceed thirty (30)
Number: One(1)perlotfrontage. square feet. (Temporary signs shall include election signs on residential
Size: No more than lr/z square feet per dwelling; 24 square feet property, commercial special sale signs, special occasion signs, and similaz
for non-residential signs; 6 square Feet for real estate signs. signs)
Heigh[: Not over 10 feet .above grade except as otherwise provided j. Election signs aze permitted in any district on private property; such signs
herein. must be removed within thirty (30) days following the election date.
Projection: Any sign over one and one-half (1 '/z) square fee[ shall be k. Any sign illuminated and located within 50 feet of a residential district lot
set!:ack at least ten (10) feet from any lot line. line shall be diffused or indirect so as not to reflect direct rays of light into
Illumination: Indirect or diffused lighting of signs permitted, subject to adjacent residences. All illuminated signs in business and industrial districts
lumination controls. in close proximity to residential districts shall be designed sous to illuminate
"R-3A", "R-3B", "R-3C", "R-3D", "B-1" and "B-2" Districts [he sign and not residential property to the extent practicable.
Type: Business, identification, wall, roof, combination, ground, 1. In any district, any portion of any sign exceeding 1 r/•z squaze feet shall be set •
and pedestal. back ten (10) feet from any street right-of-way line and five (5) feet from
Number: One per principal entrance. any residential (zoned) property line. I •
Size: Not more than an aggregate total of forty (40) squaze feet m. Signs on vacant lots shall be permitted in accordance with these regulations.
per lot frontage. n. All corner and through (more than one lot line on public street) lots shall be •
Height: Nomore than two (2) feet above highest outside wall of considered as having two front lot lines for application of regulations per-
building. [airing to signs; alleys shall not be considered as a public street. •
Projection: Any sign over five (5) square feet may project only two (2) o. Real estate and identification signs are permitted on all lots having apazt-
feet into required yazd azea. :ment buildings. Such shall be as regulated in residential districts except as •
Illumination: Illuminated but non-flashing signs permitted. otherwise provided herein.
"B-5" District p. Signs developed as an integral pazt of a building (such as sign parapet wall •
Type: Identification, business, wall, roof, combination, ground, on service station) may exceed the height limits provided such excess height
pedestal. is not over five (5) feet. •
Size: No combination of signs shall exceed fifty (50) sq. ft. per lot q. Criteria for issuance of special use permit for advertisingsign:
frontage plus one (1) square foot for each 100 square feet of 1. The aggregate squaze footage of such sign space shall not exceed the •
floor area over 3,000 square feet. (180 squaze feet maximum sum of four (4) square feet per front foot of building plus one (1) squaze
- for overall shopping center sign.) foot per front foot of property no[ occupied by a bolding; no developed .
lot shall be permitted advertising. sign space in excess of 300 squaze feet
Height: Not over six (6) feet above highest outside wall or pazape[ over. that ermitted for business and identification si
except an overall shopping center sign may be located in p gns. On vacant lots, •
any yard azea but not within ten (10) feet of any street advertising signs may be permitted on the basis of three (3) square feet
per front foot of lot. •
right-of-waylineorwithinfive.(5)feetofanyotherlotline. 2. No advertising sign shall be located within seventy-five (75) feet ofa
Illumination: Illuminated and flashing signs permitted.
"B-3", and "B-4" Districts residential district. .
Type: Identification, business, advertising (by Special Use Permit 3. No sign will be permitted that constitutes a hazard to vehicular safety.
4. No sign shall be permitted that may tend to depreciate nearby property
only), wall, roof, combination, ground and pedestal.
Size: The a values, be a detriment to scenic or pleasant views, or otherwise maz the
. ggregate square footage of sign space per lot frontage landscape. •
shall not exceed the sum of four (4) square feet per front
foot of building plus one (1) squaze foot per front foot of •
property not vccupren oy a omtmng. otgn area wi eacant lots 5. No sign will be permitted that obscures the view of nearby business or
shall not exceed three (3) square feet per foot of lot frontage. identification signs. •
Heigh[: No ground or pedestal sign more than twenty-five (25) feet. r. No sign will be permitted that provides refuge from police surveillance,
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• tends to accumulate debris as a fire hazard, or in any other way is a hazard and other places of public assetnblyin which patrons or spectators occupy
to the public health, safety, convenience, or general welfare. be4tches, pews, or other similar seating facilities, each twenty-two (22)
• s. The regulations contained herein do not apply to signs painted, attached by inches of such seating facilities shall be counted as one (1) seat for the
adhesive, or otherwise attached directly to or visible through windows and purpose of .determining requirements for off-street parking facilities under
. glass portion of doors. this Ordinance
t. All signs shall be in accordance with applicable provisions of the building h. Parking spaces -Each parking space shalt be not less than nine (9) feet wide
code.
• u. All signs not in conformity with the provisions of [his ordinance shall be and twenty (20) feet in length exclusive of an adequately designed system of
access drives.
• removed within a period of three (3) years following enactment.
v. Marquees of any type, with or without signs, shall require a special use
• permit. ~ i. Use of pazking facilities -Off-street parking facilities accessory to residen-
w. If a commercial or industrial building is adjacent to a freeway, expressway, tial use shall be utilized solely for [he parkingofpassenger automobiles and/
` or thoroughfare, the permitted size of signs shall be doubled for each addf- or one truck not to exceed one and one-half (1 t/rz) tons gross capacity for
tional 25 feet of front yard setback for the building and signs from that re- each dwelling unit. Under no circumstances shall required parking facilities
quired provided that such increase shall not result in a sign area more than accessory to residential structures be used f'or the storage of commercial ve-
20°k of the area of the front face of the building on which the sign islocated. hicles or for the parking of automobiles belonging to the employees, owners,
x. Multiple-family (buildings containing 3 or more dwelling unite) shall be per- tenants or customers of nearby business or manufacturing establishments.
matted identification and real estate signs in accordance with the following: j, Required off-street parking space in Residential Districts shall be on the
One wall or ground sign not to exceed six (6) square feet per principal build- same lot as the principal building.
ing face on lot frontage on public street only.
y. Signs on non-conforming (as defined by Zoning Ordinance) uses shall be k. Joint parking facilities -off-street parking facilities for a combination of
governed as follows: all non-conforming business and industrial uses shall mixed buildings, structures or uses may lie provided collectively in any
be considered as zoned "B-1" for purposes of applying the provisions of this "District" (except Residential Districts) in which separate parking facihties
ordinance. for each separate building, structure or use would be required, provided that
r z. Red, yellow, or green lights that by position or color or in any other manner the total number of spaces provided shall equal the sum of the separate
tend to cause confusion in the proper reading of traffic signs or signals shall requirements of each use during any peak hour parking period.
be removed.
• aa. Animal displays, pieces of sculpture, Fountains, or other displays or features 1. Control of off-street parking facilities -When required accessory off-street
which direct attention to an object, product, place, activity, person, institu-
. tion, organization, or business yet not commonly considered a sign, shall Parking facilities are provided elsewhere than on the lot in which the princi-
require especial use permit under applicable procedures in the Zoning Or- pal use served is located, they shall be in the same ownership or control,
dinance. either by deed or long-term lease, as the property occupied by such principal
bb. Private traffic circulation signs in parking lots and pedestrian circulation use,.and the owner of the principal use shall file a recordable document with
signs, and traffic warning signs in alleys or other hazardous situations maybe the Governing Body requiring the owner and his or her heirs and assigns to
permitted provided such individual signs do not exceed three (3) square feet, maintain the required number of off-street spaces during the existence of
the minimum number necessary for purposes intended is utilized, and such said principal use.
signs are utilized exclusively for purposes intended and permitted. m. Use of parking area -Required off-street parking space in any District shall
cc. Signs on benches, news stands, cab stand signs, bus stop shelters, church not be utilized for open storage of goods or for the storage of vehicles which
directional signs, and similar places, shall require a special use permit in are inoperable or for sale or for rent.
accordance with procedures contained in the zon~hg ordinance.
dd. Decorations, banners, and other temporary signs may be permitted within the (4) Design and Maintenance of Off-Street Parking Areas
• public right-of-way provided a special use permit is granted for a specified a. Parking areas -Shall be designed so as to provide adequate means of access
time not to exceed sixty (60) days. to a public alley or street. Such driveway access shall not exceed twenty-two
• ee. No sign shall be placed such that it materially blocks the view. of another (22) feet in width and shall be so located as to cause the least interference
sign or is situated such that it blocks vision from access drives. with traffic movement.
• 25.8 Parking b. Calculating space -When determining the number of off-street pazking
(1) Surfacing and Drainage spaces required results in a fraction, each fraction of one-half (1/z) or more
• Off-street parking areas shall be improved with a durable and dustless surface. shall constitute another space.
Such areas shall be so graded and drained as to dispose of all surface accumu-. c. Signs - No signs shall be located in any parking area except as necessary
. lotion within the area. These requirements shall also apply to open sales lots. for orderly operation of traffic movement and such signs shall not be a
Durable and dustless surface may include crushed rock and similar treatment part of the permitted advertising space.
• for parking accessory to one, two, three, and four-unit residential structures; d. Surfacing -All of the area intended to be utilized for pazking space and drive-
all other uses shall utilize asphalt, concrete, or other surface (water sealed) ways shall be surfaced with a material to control dust and drainage. Pazk-
• as approved by the Engineer or Building Inspector. ing azeas for less than three (3) vehicle spaces shall be exempt. Plans for
(2) Location surfacing and drainage shall be subject to approval of the Engineering
• All accessory off-street parking facilities required herein shall be located as Staff.
follows: e. Lighting -Any lighting used to illuminate anoff-street parking area shall
• a. Spaces accessory to one and two-family dwellings on the same lot as the be so arranged as to reflect the light away from the adjoining property.
principal use served. f. Curbing and landscaping -All open off-street pazking area designed to have
• b. Spaces accessory [o multiple-family dwellings on the same lo[ as the princi- head-in pazking along the property line -shall provide a bumper curb not
pal use served or within 200 feet of the main entrance to the principal build- less than three (3) feet from the side property line or a guard of normal bump-
ing served. er height not less than one (1) foot from the side property line. When said
c. Spaces accessory to uses located in a Business or Industrial District; within azea is for six (6) spaces or more, a curb or fence not over six (6) feet in height
. 800 feet of a main entrance to the principal building served. shall be erected along the front yard set-back line and grass or planting
d. There shall be no off-street parking space within five feet of any street shall occupy the space between the sidewalk and curb or fence.
right-of-way. g. Parking space for six (6) or more cars - when a required off-street parking
e. Nooff-street open parking area containing more than four (4) parking spaces space for six (6) cars or more is located adjacent to a Residential District,
shall be located closer than five (5) feet from an adjacent lot zoned or used for a fence of adequate design, not over six (6) feet in height nor less than three
residential purposes. and one-half (31/z) feet in height shall be erected along the Residential District
(3) General Provisions property line.
a. Should the Governing Body establish a public off-street parking district, h. Maintenance of Off-Street parking space - It shall be the joint and several
those uses within the district shall be exempt from the regulations in this responsibility of the operator and owner of the principal use, uses andlor
section. building to maintain, in a neat and adequate manner, the parking space,
b. Buildings or structures for which a permit has been issued prior to the ef- accessways, landscaping and required fences.
fective date of this Ordinance but for which work has not been completed i. Access -All off-street parking spaces shall have access off driveways and
shall be exempt from the hereinafter stated pazking requirements if the not directly off the public street.
structure or building is completed within six~(6) months after the effective j~ Determination of azeas - A parking space shall be not less than 300 square
date of this Ordinance. feet per vehicle of standing and maneuvering area.
a Existing off-street parking spaces and loading spaces upon the effective Truck Parking Residential Areas
date of this Ordinance shall not be reduced in number unless said number No motor vehicle over one and one-half (11/2} tons capacity bearing a commer-
• exceeds the requirements set forth herein for a similaz new use. cial license and no commercially licensed trailer shall be parked or stored in a
d. Should a building, structure or use in .existence upon the effective date platted residential district except when loading, unloading, or rendering a ser-
of this Ordinance be damaged or destroyed by fire or other cause, it may. vice: Truck pazking in "FR," R-1, R-2, R-3, R-4 Districts, not more than two
be re-established except that in doing so any off-street parking or loading trucks of less than 11/z ton capacity. shall be pazked over night except by special
• whi~c,h1 existed must be retained but should plans propose an enlargement of use permit.
the ,~1oor'azea,. seating capacity or other facilities which would affect the
• - (6) Other Parking in Residentlal Areas
pazking or loading requirements, the pazking or loading spaces shall be en- Pazking in residential areas (off-street and on-street) shall be limited to the use
• lazged accordingly. of the residents of those homes. Except for short-term parking (ten hoursor less)
e. Floor area -The term "Floor azea" shall mean the sum of all floor azea in a and guest parking, the number o. ~ ~a p+uecu w1 Ul uuul ur a reslaennal
. building as calculated from the outside dimensions of the building. It shall lot shall not exceed double the number of persons residing on the premises
not include areas used primazily as building utility rooms, office of building and having automobile driver's licenses.
• management or maintenance, toilets or rest rooms, dressing, fitting or alters-
tfonmoms, coolers, witldow displays, or lobbies.. (7) Reduction of Pazking Areas
• f. Hospital bassinets - In hospitals, bassinets shall not be counted as beds. Off-street parking spaces shall not be reduced in number unless said number
g. Benches in places of public assembly - In stadiums, sport azenas, churches, ~ exceeds the requirements se[ forth herein.
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(8) Off-Street Spaces Required (One space equals 300 snn:ue feet) and ten feet above the center line grades of the intersecting streets within thirty +
One and Two fatnily resi- One space per vehicle utilized by occupants feet in residential areas of the intersecting street right-of-way lines. This restric-
dences tion shall also apply to the planting of crops and to yazd grades that result in sieve- .
Multiple Dwellings Two space per dwelling unit. tions that impede vision within fifteen feet of any intersecting street right-of-way
Churches, Auditoriums, One space for each three seats or for each five lines. .
Mortuaries, and other places feet of pew length. Based upon maximum design
of assembly capacity.
Business and Professions'] One space for each 400 square Feet of gross 25.11 Droinoge
Offices floor space. Nn land shall be developed and no use shall be permitted that results in warPr r„n-
Medical and Dental Clinics Three spaces per doctor or dentist. off causing flooding, erosion, or deposit of minerals on adjacent properties. Such
Uses in "B-3" District No requirement run-off shall be properly channeled into a storm drain, water. course, ponding area, .
Hotel, Motel One apace per unit plus one apace per employee. or other public facilities.
Schools, Elementary and At least one (1) parking apace Por each clas~~
Junior High room plw one (1) additional apace Por each
Pour hundred (400) student capacity, 25,121xplodrn ~
Schools, High School At least one (1) parking space for each seven No activities involving the storage, utilization or manufectuse oP materlale or pro-
through College (7) students based on design capacity, plus one ducts such ae TNT or dynamite which could decompose by detonation shall be per- ~
(1) additional apace for each ewo (2) claeeroome. milted except ouch as are specifically licensed by the governing body.
Institutions At least one (1) parking apace for each three and i?
one-half (3t/s) seats based on the design capacity
of the main assembly hall. 25,19 Roll•Out ShelNn
Theater At least one (1) parking apace for each three Fall-out shelters shall be permitted as principal or accessory uses and structures
(3) seats of design capacity. in any district, subject to the yard regulations of the district. Such shelters may
Hospital At least one (1) parking space for each three contain or be contained in other structures or be constructed separately, and in ad-
(3) hospital beds, plus one (1) space for Pnch dition to shelter use, may be used for any principal or accessory use permitted in the
four (4) employees other than doctors, plus one (1) district, subject to the district regulations on such use.
parking space for each resident and regular staff
doctor.
Sanitarium, Convalescent At least one @.1) parking apace for each s1x (8)
Home, Rest Home. Nursing beds for which accommodations are offered, 25.14 Gunt Nouw
Home or Institution plus one (1) parking space for each two (2) employ- Guest houses for purpose of this Ordinance shall be an accessory building detached
ees on maximum shift. from the principal building where accommodations for sleeping aze provided but no
Drive-In Food Establish- At least one (1) parking space for each fifteen kitchen facility provision is made. The use is for persons visiting the occupants of
ment (15) square feet of gross floor space in building al- this principal building. •
located to drive-in operation. Guest houses shall be permitted in all Residential Districts and shall be located the
Bowling Alley At least Five (5) pazking spaces for each alley, required depth of the reaz yard or more from the principal building and shall conform •
plus additional spaces as may be required herein to the side yard requirements for the principal building.
for related uses such as a restaurant. .
Motor Fuel Station At least two (2) off-street. parking spaces plus
two (2) off-street parking spaces for each service 25.15 Dwelling Units of Employee on Premises in AesidetMiol District •
stall The dwelling unit of employee on premises in Residential Districts for purposes
Retail Store At least one (1) off-street parking space for of this Ordinance shall be an accessory use and if located within a sepazate strnc- .
each one hundred fifty (150) square feet of cure, such structure shall be an accessory structure. Dwelling units shall conform
gross floor area. to the provisions applicable to the district in which located except as herein modi- •
Restaurants, Cafes, Bars, At least one (1) space for each three (3) seats fied.
Taverns, Night Clubs based on capacity design. (1) Detached dwelling units shall be a distance from the principal structure equal •
Undertaking Establish- At least one (1) parking space for each three to the sum of the required rear yard and one-half (1/x) the required front yazd for
manta (3) seats, plus one (1) parking space for each the principal structure. •
funeral vehicle maintained on the premises. Aisle (2) Detached dwellings shall not be located less than the required .side yard for
space shall also be provided off the street for [he principal building to any lot line. •
making up a funeral procession. (3) All dwelling units shall have a designated off-street parking lot.
Furniture Store, Whole- At least three parking spaces for each one thou- •
sale, Auto Sales, Repair sand (1,000) square feet of gross floor azea. Open
Shops ~ sales lot shall provide two (2) parking spaces for 25.16 Dwelling Units in Commercial and Industrial Districts •
each five thousand (5,000) square feet of lot area, Dwelling units for watchman .and family shall be considered as accessory uses
but no[ less than three (3) spaces. and shall conform to all applicable regulations for the district in which located •
Industrial, Warehouse, At least one (1) space for each two (2) employees except as herein modified.
Storage, Handling of on maximumshift or one (1) for each two thou- (1) A dwelling unit in the Commercial District located in a commercial structure .
Bulk Goods sand (2,000) squaze feet of gross floor area, which-- shall not occupy the front half of the ground floor or basement.
ever is the larger. (2) A dwelling unit in a commercial or industrial building shall not contain more .
Uses not specifically As determined by governing body following re- than two bedrooms.
noted view by planning commission (3) No detached dwelling unit shall be permitted in the Commercial or Industrial •
Districts except in limited Business Districts.
25.90ff-Street Loading and Unloading Aroas (4) A dwelling unit which is a part of the principal building shall be provided with •
(1)I Location -all required loadingber[hs shall beoff-street and shall be located one outside entrance.
on the same lot as the building or use to be served. A loading berth shall not be (5) All buildings shall conform to the building and fire codes. •
located less than twenty-five feet from the intersection of two (2) street rights-
of-way nor less than fifty (50) feet from a residential district unless within a .
building. Loading berths shall not occupy the required front yard space. 25.17 Drive-In Business
(2) Size -Unless otherwise specified in this Ordinance, a required loading berth (1) The entire azea shall have a drainage system approved by the engineering •
shall be not less than twelve (12) fee[ in width, fifty (50) feet in length and staff.
fourteen (14) feet in height, exclusive of aisle and maneuvering space. (2) The entire azea other than that occupied by structures or planting shall be •
(3) Access -Each required loading berth shall be located with appropriate means surfaced with a material which will control dust and drainage.
of vehiculaz access to a street or public alley in a manner which will least in- (3) A box curb at least six ((i) inches above grade shall sepazate [he public walk •
terfere with traffic. azea from the lot except at approved entrance or exit drives.
(4) Surfacing -all loading berths and accessways shall be improved with a durable (4) A Fence of acceptable design not over six ((i) feet in height or less than four •
material to control the dust and drainage according to a plan approved by the (4) feet shall be constructed along the property line abutting Residential District
Village Engineer. and such fence shall be adequately maintained. The fence shall not be required
(5) Accessory Use -Any space allocated as a loading berth or maneuvering azea within the required front yazd.
so as to comply with the terms of this Ordinance shall not be used for the storage (5) Should the use be a drive-in theater, a solid fence not less than eight (8) feet •
of goods, inoperable vehicles or be included as a part of the space requirements in height and extending at least to within two (2) feet of the ground shall be con-
necessary to meet the off-street parking area. strncted around [he property. •
(6) In connection with any structure which is to be erected or substantially altered, (6) The lighting shall be accomplished in such a way as to have no direct source
and which requires the receipt or distribution of materials or merchandise by of light visible from the public right-of-way or adjacent land in residential .
trucks or similaz vehicles, there shall be provided off-street loading space. use.
(7) Where noise from loading or unloading activity is audible in a residential dis-
trio, the activity shall terminate between the hours of 7:00 p. m. and 7:00 a.m. 25.18 Radiation and Electrical Emissions
No activities shall be permitted that emit dangerous radioactivity beyond enclosed I •
25.lOTrofficControl azeas. There shall be no electrical disturbance (except from domestic household
The traffic generated by any use shall be channelized and controlled in a manner appliances) adversely affecting [he operation at any point of any equipment other •
that will avoid: (a) congestion of the public streets, (b) traffic hazards, and (c) ex- than that of the creator of such disturbances.
cessive traffic through residential azeas, particularly truck traffic. Internal traffic i
shall be so regulated as to insure its safe and orderly flow. Traffic into and out of busi- 25.19 Other Nuisance Charoeteristies
ness and industrial areas shall in all cases be forwazd moving t~ith no backing in- No noise, odors, vibration, smoke, air pollution, liquid or s•ilid wastes, heat, glare, •
to streets. dust, or other such adverse influences shall be permitted in any district that will in
On corner lots, (including rural areas) nothing shall be placed or allowed to grow in ~ any way have an objectionable effect upon adjacent or nearby property. All wastes .
such a manner as materially to impede vision between a height of two and one-half in all districts shall be disposed of in a manner that is not dangerous to public health
-16- ~
•
. and safety nor will damage public waste transmission or disposal facilities. Mini- for every offense or to imprisonment not to exceed ninety (90) days. Each day that
mum standards shall be as follows: a violation is permitted toexist shall constitute a separate offense.
(1) Noise BUILDING PERMITS
Period within No person shall erect, alter, wreck or move any building or part thereof without
Sound Level in Decibels Which first securing a building permit therefor. Building permit fees shall be according to
Octave Band, Measured at Property Line Existing a fee schedule adopted by Resolution.
Cycles per second Residence Districts Non-Residential Uses Must Section 27 -VALIDITY AND DATE EFFECTIVE
Districts Comely Ordinance Number 1 & 2 as amended and all other ordinances or parts of ordinances
37.5 to 75 58 73 5 years of the Village of Lakeville in conflict with the provisions of this Ordinance are hereby
75 to 150. 54 68 repealed.
150 to 300 50 65 If any section, subsection, sentence, clause, or phrase of this Ordinance ie for any reason
300 to 600 48 61 held to be invalid, such decision shall not affect the validity of the remaining portions of
800 to 1200 40 55 this Ordinance.
1200 to 2400 33 48 This Ordinance shall become affective upon !ee adoption and publication according to law,
• 2400 to 4800 28 41 Adopted this 20th day of Aprll,1870, bythe Village Council of the Village of Lakeville,
Over 4800 20 38 VILLAGE OF LAKEVILLE
(2) Odors 5 year® ROBERT JENSEN,
Table III (Odor Thresholds in Chapter 5, "Air Pollution Manual", copyright MaYm'
1851 by Manufacturing Chemists Association, Incorporated, Washington ATTEST:
District of Columbia. MARCELINE HEMSTROM,
(3) Vibration 5 years Clerk
Any vibration discernible (beyond property line) to the human sense of feeling
for three minutes or more duration in any one hour and any vibration producing
an acceleration of more than 0.1 G's or resulting in any combination of ampB-
Ludes and frequencies beyond the "safe" range of Table 7, United States Bureau
• of Mines Bulletin No. 442, "Seismic Effects of Quarry Blasting", on any struc-
ture.
(4) Smoke 5 Years ~ r-c:-~--.~._ ~Q,l,~..-c ?u~-~
Any emission of visible smoke of a shade dazker than No. 1 on the Ringelmann /
. Smoke Chazt, as published by the United States Bureau of Mines, except that
visible gray smoke of a shade not darker than No. 3 on said chart may be emitted
• for not more than four minutes in any 30 minutes.
(5) Air Pollution (F'ly Ash, Dust, Fumes, Vapor, Gases, etc.) 5 years
• Any emission which can cause any damage to health, animals, or vegetation
or other forms of property, or which can cause any excessive soiling at any
• point, and in no event any emission of any solid or liquid particles in concen-
trations exceeding 0.3 grains per cubic foot of the conveying gas or air at any
• point. For measurement of the amount of particles in gases resulting from com-
bustion, standard corrections shall be applied to a stick temperature. of 500
• degree Fahrenheit and 50 percent excess air.
25.20 VisuelStenderds
It is hereby affirmed as essential public policy that the appearance of this commu-
• nity is a proper matter for public concern and that all open spaces, buildings, signs,
pltVttings, surfaces, and structures which may be seen from the public ways and.
. water bodies are subject to the provisions of this ordinance.
All. principal buildings other than one and two family homes shall be approved by a
• registered architect or engineer.
On any building visible from a public street, the following materials shall not be
• permitted on exterior wall surfaces: Sheet metal either corrugated or plain, un-•
finished structural clay tile, common concrete masonry units, or similaz materials.
• Such materials, however, may be used in a proper arrangement, or combination with
other materials of a permanent nature with good architectural design and appeal.
The application for a building permit shall be accompanied by exterior elevations
of the proposed building which will adequately and accurately indicate the height,
• size, bulk, design, and the appeazance of all elevations and a description of the
construction and materials ptoposed to be used therein. A complete site plan showing
• landscaping, off-street parking, structure locations, grades, and access drives shall
also be shown.
25.21 Height
• All buildings proposed that exceed the height limits imposed by provisions of this
ordinance shall require a special use permit and shall be governed as follows:
• Buildings of greater height than expressly permitted by the ordinance may be per-
mitted byspecial use permit provided:
(1) It is determined that
a. Adequate fire protection and other safety features are provided; and
• b. The height and bulk of the'building will not destroy a scenYc or other appro-
. priate view, will not shut off light and air from surrounding properties, or
• otherwise be detrimental to the public.
In no event, however, shall any building occupy more than the permitted per-
• centage of lot area as provided in [his ot•dinance.
• 25.22 Coin Operoted Meehines
Coin operated, automatic machines dispensing food, soft drinks, and other food
• and materials shall be governed as follows:
a. These shall not be permitted in residential districts except as approved by
• special use permit as an. accessory use within buildings containing four or _
more families.
• b. These shall be permitted in "FR" Districts by special use permit only.
c. These shall be permitted as an accessory use to recreation uses in Residen-
• tial Districts provided they aze within a building, under a canopy, or other-
wise protected from the elements; in no instance shall they be located within
any required yards.
d. These shall be permitted accessory uses in all Business and Industrial Dis-
• trios provided they aze within a building or located outside the building im-
mediately adjacent to said building protected from the elements by an save,
• canopy, or other permitted structure.
Section 26 -ENFORCEMENT
ENFORCING OFFICER AND PENALTY
• This Ordinance shall be administered by the Building Official and enforced by
the Governing Body who may institute in the name of the Village any appropriate
• actions or proceedings against a violator as provided by law. Any person; firm, cor-
poration, or voluntary association which violates or refuses to comply with any of
. the provisions of this Ordinance shall be guilty of a misdemeanor, and upon con-
viction thereof be subject to a fine or not more than one hundred dollars ($100)
• -17