Loading...
HomeMy WebLinkAbout0730 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO.: 730 AN ORDINANCE AMENDING TITLE 11 (ZONING ORDINANCE) OF THE LAKEVILLE CITY CODE. THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 11-2-3 of the Lakeville City Code is hereby amended to add the followingdefinitions: GAZEBO' A detached acosssory building typically constructed with a roof and open, screened, or latticework sides, railings, or seats intended to allow the passage of air and light to provide enjoyment of the outdoors. LOT, CORNER: A lot situated at the junction of and abutting on .two (2) or more intersecting streets; or a lot at the point. of deflection in alignment single street the interior angle of which is one hundred thirty five degrees (135) or more. N. Service Business (On-Site): An establishment that provides useful labor,. maintenance, repair and activities incidental to business production-- or distribution where the customer patronizes the location of the operation, such as banks,. copy centers, barber/beauty salons, tanning salons, laundromats, dry cleaners, funeral homes and. mortuaries, animal grooming, appliance repair, tailor shops, travel bureaus. O. Shopping Center: An integrated grouping of commercial stores, under single ownership or control, where the majority of individual tenants do not have an exclusive exterior entrance. Section 2. Section 11-8-1 of the Lakeville City Code is hereby amended in it`s .entirety to read as follows: 1 11-8-1: PURPOSE:. The purpose of this Chapter is to establish regulations and procedures for the processing and consideration of activities allowed by administrative permit (also referred to as a zoning permit), and of matters requiring the approval of the Zoning Administrator with the goal of protecting the health,. safety, and welfare of the citizens of the City. Section 3. Section 11-15-5.A of the Lakeville City Code is hereby amended. in its entirety to read as follows: A. ...Effective Date: Except as provided in subsection 11-15-3B of this chapter, the lawful use of buildings or land existing on August 1, 2000, which do not conform to the provisions of this tit a may be continued at the-same size and in the same manner of operation; provided, however, that no such nonconforming use of land shall be enlarged or increased, nor shall any such nonconforming use be expanded to occupy a greater area of land by additions to the principal building (including deck additions) or construction of detached accessory buildings than that occupied by such use at the time of the adoption of this title, nor shat I any such nonconforming use be moved to any other part of the parcel of land upon which the same was cxmducted at the time of the adoption of this title. Section 4. Section 11-15-7.C.1 of the Lakevi I le City Code is hereby amended in its entirety to read ~ follows: 1. The alterations do not.expand the foundation and/or building size (including deck additions}, unless specifically allowed by this title. Section 5. Section 11-16-13 of the Lakeville City Code is hereby amended in its entirety to read as follows: 11-16-13: WETLANDS: A. Wetland Application: Every applicant for a grading permit. to allow wetland disturbing activities must submit a report to the Environmental Resources Coordinator. No grading permit to allow .wetland disturbing activities shall be issued until approval of the wetland replacement plan application or a certificate of exemption has been obtained in strict conforrnanoe with the provisions of this Title and the Minnesota Wetland Conservation Act. This. Title applies to all land, public or private, located within the City. 2 B. Wetland Management Plan: Utilization and development impacts to wetlands shall be consistent with the City's Wetland Management Plan. C. Impacts To Wetland: 1. A protective buffer of natural vegetation shall .surround all wetlands within areas developed or redeveloped after March 17, 2003 in acoordanoe with the following provisions:. a. The buffer shall have a minimum width from the delineated edge of the wetland at the time of development based upon the wetland classification defined. by the Wetland ManagernentPlan as follows: Wetland Buffer Classification Re uirement Preserve 50 feet Manage I 25 feet for wetlands < 2acres; or, 35 feet for wetlands > 2 acres Manage I I 17 feet for wetlands < 2aeres; or, 25 feet for wetlands > 2 acres Utilize 17 feet Restore 25 feet Wetland, Mitigation 25 feet Sites b. The width of the buffer may be averaged provided that a minimum buffer width is maintained equal to one-half the. required buffer or seventeen feet (1T), whichever is greater.. c. Public trails and sidewalks that are a maximum of ten feet (10') in width can be included within the buffer provided the designated width is maintained. d. The wetland and buffer shall. be platted as an outlot if established as part of a subdivision application. All other applications shall require dedication of a conservation ea9err~ent. e. Exception. Property owned by the City of Lakeville shah be exempt from establishing an outlot or conservation easement for required buffer areas. 3 2. Building Setback. a For properties developed or redeveloped after March 17, 2003, a building setback of ten feet (10') for a side yard and twenty feet (20') for a rear yard shalt be providedfrom the delineated edge of all required wetland buffers at the ime of development. b. A building setback of thirty three feet (33') shall exist from the delineated edge of all wetlands at the time of development within areas developed or redeveloped between July 17, 2000 and March 17, 2003. Section 6. Section 11-17-9.A.3.c (3) of the Lakeville City Code is hereby. ar~endecl in its entirety to read as follows: (3) Integral colored (not including natural gray) cast in place concrete or prat concrete panels. Section 7. Section. 11-17-9.A.3.c(4) of the Lakeville City Code is hereby amended in its entirety to read as follows: (4) Integral colored (not including natural gray) split face (rock face) concrete block. Section 8. Section 11-17-9.A.3.d {3) of the Lakeville City .Code is hereby amended in its entirety to read as follows: (3) Integral colored (not including natural gray) cast in plans cor~rete or precast. concrete parcels. Section 9. Section 11-17-9.A.3.d(4) of the Lakeville City Code is .hereby amended in its entirety to read ~ follows: (4) Integral colored (not including natural gray) split face (rock face) concrete block. Section 10. Section 11-17-11.A.2 of the Lakeville City Code is hereby amended in its entirety to read as follows: 4 2. Except as may be limited within Environmental Protection Districts, terraces, steps, decks, uncovered porches, stoops or similar structures may extend to within. five feet (5') of side yard and tenfeet (10') of rear yard lot lines, but not more than five feet (5') into a required frontyard or side yard adjacent to a public right-of-way provided that the height of the structure is not more than thirty inches (30") above the grade within the setback area a Existing encroachments. Decks, uncovered porches, stoops or similar structures constructed prior to March 17, 2003 to the height of the ground floor of the principal structure that extend up to five feet (5') of a side yard lot line or'ten feet (10') of a rear yard lot line, but not more than five feet (5') into a required front yard or side yard adjacent to a public right-of-way may continue or be reconstructed at the same location provided that the encroachment is not increased. Section 11. Section 11-17-25 of the Lakeville City Code is hereby amended in its entirety to read as follows: 11-17-25: BUILDING RELOCATION/MOVING: A. Compliance Required: Such activity shall comply with. Title 9, Chaptier 2 of the City Code B. Dwellings: The relocation of a building previously occupied as a dwelling to any parcel within the City shall comply with the following requirements: 1. Moving a dwelling onto a parcel within the Permanent Rural Area orUrban Reserve Area, as defined by the Comprehensive Plan, shall require approval of an administrative permit in compliance with Chapter 8 of this Title, provided that: a The use is allowed in the respective Zoning Districfi that includes the lot or parcel to which the dwelling is to be relocated. b. The lot or parcel to which the dwelling is to be relocated shall. beat least ten (10) acres in area. 2. Moving a dwelling onto a lot within the MUSA or a MUSA Expansion Areas,. or to a lot in the Perrnanent Rural or Urban Reserve area not meeting the criteria of Section 11-17-25.8.1 of 5 this Title shall require approval of a conditional use perrnit in compliance with Chapter 4 of this Title, provided that the building maintains architectural and aesthetic compatibility vvith surrounding propertiesbased upon, but not limited to, the .following factors: a. Building massing, height, and floor area. b. The type, grade and quality of exterior building finish. c. The dwelling is to receive an oa;upancy permit from the City Building Official within six (6) months from the date the conditional use permit is issued... Section 12. Section 11-17 of the Lakeville City Code is hereby amended to add .the following provisions: 11-17-27: STORM SHELTER: A. Any dwelling or dwelling unit that are constructed slab on-grade, provisions shall be made to provide for storm protection internally to the dwelling or dwelling unit. Storm shelters-internal to the dwelling or dwelling unit shall be provided in a bathroom.. or laundry room so as to .ensure accessibility and that the storm shelter is not obstructed by storage. B. Compliance with this requirement shall be based upon Federal .Emergency Management Agency (FEMA) guidelines and standards, except that he shelter door shall. be solid core-- construction (not limited to metal) and only one (1) deadbolt lock shall be required. Section 13. Section 11-18-9.D.1 of the Lakeville City Code is hereby amerxied in its entirety to read as follows: 1. Except for agricultural buildings on farms, as provided for. by subsection D2 of this Section, or as expressly permitted by conditional use permit, the combination of accessory buildings and garages shall not exceed either of the following area Limitations per unit; whichever is least; but in no rage shall exceed the size of the principal structure.. 6 Percentage Of Minimum Maximum Allowable Floor Area Per Zoning Lot Area That May Be Unit District Use Occupied By The (Square Feet) Accessory Building A-P AI(uses Not applicable Not applicable RA Single-family 3 percent 13,068 RS-1 Single-family 10 percent 2,000 RS-2 Single-family 10 percent 1,500 RS-3 Single-family 10 percent 1,100 (interior lot) 1,250 (earner tot) RS-4 Single-family 10 percent 938 (interior lot) 1,125 (corner lot) RS-CBD Single-family 10 percent 840 (interior lot) 1,008 (corner lot) RST-1 Single-family 10 percent. 1,500 Two-family 10 percent 750 RST-2 Single-family 10 percent 1,100 (interior lot) 1,250 (corner lot) Detached 10 percent 750 townhomes Two-family 10 percent 750 RM-1 Single-family 10 percent 1,100 (interior lot) 1,250 (corner tot) Two-family 10 percent 750 Townhouse 10 percent 750 - RM-2 Single-family 10 percent 1,100 (interior lot) 1,250 (corner lot) Two-family 10 percent 750 Townhouse 10 percent 750 RH-1 Single-family 10 percent 1,100 (interior lot) 1,250 {corner lot) Two-family 10 percent 750 Townhouse 10 percent. 750 RH-2 Single-family 10 percent 1,100 (interior lot) 1,250 (comer lot) Two-family 10 percent ` 750 7 Percentage Of Minimum Maximum Allowable Floor Area Per Zoning Lot Area That May Be Unit District Use Occupied By The (Square Feet) Accessory Building Townhouse 10 percent 750 Section 14. Section 11 19-7.1.1 of the Lakeville City Code is hereby amended in its entirety to read as follows: 1. Design Standards: Exoept as otherwise provided for herein, all off-street parking facilities shall conform to the following design starxiards: PARKING LOT DIMENSIONSTABLE* Curb Curb Angle Of Stall Length Stall Aisle Angle Of Stall Length Stall Aisle Parking Width Per Car Depth .Width Parking Width Per Car Depth Width 0` 9'0" 23' 0"" 9' 0" 12'0" 50' 9'0° 11' 9" 20' S° 12'0" 9'6" 23' 0" 9' 6" 12'0" 9'6" 12' S" 20' 9" 12'0" 10'0" 23' 0" 10' 0" 12'0° 10'0" 13' 2" 21' 0" 12'0» 20~ 9'0" 26' 4" 15' 0" 11'0" 60' 9'0" 10' S° 21' 0" 18'0" 9'6" 2710" 15' 6" 11'0" 9'6" 11' 0" 21' 3" 18'0" 10'0" 29' 3" 15'11" 11'0" 10'0" 11' 6" 21' 6" 18'0" 30' 9'0" 18' 0" 1T 4" 11'0" TO' 9'0" 9' 8" 21' 0" 19'0" 9'6" 19' 0" 1T10" ti'0" 9'6" .10'.2" 21' 3" 18'6" _ 10'0" 20' 0" 18' 3" 11'0" 10'0" 10' 8" ` 21' 3" 18'0" 40' 9'0" 14' 0" 19' 2° 12'0" 80~ 9'0" 9' 2" 20' 4" 24'0" 9'6" 14'10" 19' 6' 12'0" 9'6" 9' 8" 20' 5" 24'0" 10'0" 15' 8" 19'11" 12'0" 10'b" 10' 3" 20•.6" 24.0" 45' 9'0" 12' 9" 19'10" 13'0" 90' 9'0" 9' 0" 20' 0" 24'0" 9'6" 13' S" 20' 2" 13'0" 9'6" 9' 6" 20' 0" 24'0° 10'0" 14' 2" 20' 6" 13'0" 10'0" 10' 0" 20' 0" 24'0" * This table pertains to a wall-to-wall situation. In calculating dimensions, 2 feet may be subtracted from each stall depth for each overhang and overlap. No subtraction for overlap is allowed for angles greater than 60 degrees. 8 Parking Area And Drive Setbacks Dimension Land Use Setback Front yard and side yard abutting a street R districts 30.0 feet. setback of parking and drive to Jot line** Commercial districts 15.0 feet Industrial districts 15.0 feet Interior side and rear year setback of R districts 5.0 feet parking to lot line** Commercial districts. 5.0 feet Industrial districts 5.0 feet *Joint or combined parking facilities on separate lots as authorized and when constructed adjacent to a common lot line separating 2 or more parking areas are not required to observe the parking area setback from such common lot line. For commercial and industrial uses, side and rear yard setbacks shall be increased to front yard setback requirements when such side or rear yard abuts an R district. r _ - a 0 i Gur6 lergfh per cot 3 V I~ b Stoll width d ~e ~ ~ 9 h +t C Angle of porkirg C I i ~ ,i d Stall depth ' f I ` ~ r Aisle width ~ r \ ' i ' , ` f Stall length ~ ~ r ~ ~ a > g Overtop \ I ~ li ~ h Overha rg Section 15. Section 11-19-7.1.10.b(1) of the Lakeville City Code is hereby amended in its entirety to read as follows: (1) Ten percent (10%) .for single-family, two-family, and townhouse dwellings. Section 16. Section 11-19-7.1.12 of the Lakeville City Code is hereby amerxied in its entirety to read as follows: 9 12. Surfacing: a. All areas intended to be utilized for parking spaoeand driveways shall be surfaced with materials suitable to control dust and drainage. b. AI I driveways and parking stalls shall be surfaced with asphalt, concrete, cobblestone or paving: brick, except for those uses specifically exempted below: (1) Farm dwel lings and farm operations. (2) Single family uses located within Perrrranent Rural Area or Urban Reserve Area as defined by the Comprehensive Plan with frontage and acoe~ to a public street with a gravel surface. c. Plans for surfacing and drainage of driveways and stalls for five (5) or more vehicles shall be submi#ted to the City Engineer for review and the - final. plans shall be subject to the Engineer's written approval. d. Legal non-conforming driveways and parking areasurface`sexisting upon March 17, 2003 shall be brought into compliance with this Section at the time of any improvement that intensifies the use of the parking area or driveway. Section 17. Section 11-19-7.1.18.b of the Lakevil{e City Code is hereby .amended in its entirety to read as follows: b. Within off-street parking facilities for commercial uses of fifty (50) or more stalls, irrigated landscaped islands shall be provided within the perimeter of the parking area at a rate of one hundred (100) square feet per twenty five (25) surface stalls or fraction thereof. For the purposes of this Section, aN landscaped islands shall be required to consist of a minimum of one hundred (100) square feet of landscape surface area. Such islands. shall be contained within raised, curbed beds consistent with other applicable parking lot construction requirements of-this. Chapter, unless exempted by the City Engineer for stormwater management purposes. It is not the intent of this Section to relieve a project of the installation of islarxis that are necessary. to promote the safe and efficient flow of traffic, regardless of parking lot size. 10 Section 18. Section 11-19-11.B of the Lakeville City Code is hereby amended in its entirety to read as follows: B. Direct Access: Except for single-family, two-family, townhouse and quadraminium dwellings, head-in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited. Section 19. .Section 11-19-11.C of the Lakeville City Code is hereby amended in its entirety to read as follows: C. Off-Street Parking: There shall be no required off-street parking. within fifteen feet (15') of anypublic or private street surface. Section 20. Section 11-19-13 of the Lakeville City Code is hereby amended to include the following off-street parking requirements: Animal Hospital !Kennel. 3 spy plus 1 space for each 200 square feet of floor area. Auto repair usesestablished after March 17, 2003 1 space per 200 square feet of f loor anew: Instructional classes, dance studios, karate centers, music schools andsimilar uses: 1 space for each 200 square feet of floor. area Multiple occupancy retail or senrioe buildings with three (3) or more tenants: 1 space per 160 square feet of gross leasable floor area. The total required spaces may be reduced by ten percent based upon approval of an administrative permit by the Zoning Administrator. 11 Section 21. Section 11-21-5.D of the Lakeville City Code is hereby amended in its entirety to read as fo I I ows: D. Solid Walls: Solid walls up to eight feet (8') in height which are not part of buildings may be constructed and maintained only in the buildable area of a lot only by approval of a conditional use permit. Section 22. Section 11-21-5.G.4 of the Lakeville City Code is hereby amended. in its entirety to read as follows: 4. In all residential districts, swimming pools and arty attached or functionally related deck that is more than thirty inches (30").above grade shall beset back ten feet (10') from all adjoining lots and, except for fences and pump enclosures,. shall be located at least ten feet (10') away from any other building or structure on the same lot and shall not be located within a drainage or utility easement or required bufferyard. Swimming pools shall not be perrnitted in a front yard or in the area between the street right of way and the minimum required building side yard setback line. Section 23. Section 11-21-9.C.1 of the Lakeville City Code is hereby amended. in its entirety to read as follows: 1. Lot Depth Requirements: Double frontage residential lots shall have an additional depth of at least twenty feet (20'), designafied as an additional drainage and utility easement, in order to allow space for buffering/screen planting along the back lot line. Except as may be approved by the City Council and except for lots of record and preliminary platted lots having legal standing established on January 1, 1994, for those lots which abut majorcollector orarterial streets, the following minimum lot depths shall be required: Minimum Lot District Depth ForBuffer Lots RS-1 Single-Family 220 feet RS-2Single-Family 170 feet RS-3Single-Family 150 feet RS-4Stngle-Family 145 feet RST-1 Single and Two Family. 150 feet RST-2 Single and Two Family 150 feet. 12 Section 24. Section 11-26-7 of the Lakeville City Code is hereby amended in its entirety to read as follows: 11-26-7: CONDITIONAL USE PERMIT REQUIRED: All transmission pipelines (i.e., pipelines notrequired for local distributing network), and overhead transmission and substation lines in excess of 33kV and up to 100kV shall be a conditional use in all districts subject to the procedural requirements and standards stipulated in this Chapter and Chapter 4 of this Title. Section 25. Section 11-27-7-B of the Lakeville City Code is hereby amended in its entirety to read: as follows: B. Temporary off-street parking facilities equal to three (3) paved per model home dwell ing unit or a model home with a temporary real estate office shall be provided. The head-in parking area on the driveway for the model home may be used to satisfy the off-street parking requirement provided that the stalls are not in a tandem arrangement and no portion of the stall encroaches into the public right-of-way. The overall design, drainage, and surfacing of the temporary off-street parking facility shall be subject to the approval of the Zoning Administrator. Section 26. Section 11-46-9.E of the Lakeville City Code is hereby amended irr its entirety to read as follows: E. Essential services involving transmission pipelines and transmission or substation lines in excess of 33kV and up to 100kV, as regulated by Chapter 26 of this Title. Section 27. Section 11-50-7.D of the Lakeville City Code is hereby amended in .its entirety to read as follows: E. Essential services involving. transmission pipelines and transmission or substation lines in excess of 33kV and up to 100kV, as regulated by Chapter 26 of this Title. Section 28. Section 11-55-15.B.8.a of the Lakeville City Code is .hereby amended in its entirety to read as follows: a. In manufactured home parks existing prior to January 1,1965, no unit shall be located closer than three feet (3') from a street surface, nor closer 13 than ten feet (10') to the side of an adjacent unit, nor closer than three feet (3') between manufactured homes parked end to end. Section 29. Section 11-70-3 of the Lakeville City Code is hereby amended to include the following provison: f. Instructional classes. Section 30. Section 11-70-7.D of the Lakeville City Code is hereby amended in its entirety to read as follows: D. Essential services: Essential services involving transmission. pipelines and transm~ion or substation lines in excess of 33kV and up to 100kV, as regulated by Chapter 26 of this Title. Section 3t. Section 11-70-7 of the Lakeville City Code is hereby amended to add the following sections: M. Multiple principal buildings on one lot of record, provided that: 1. The ba9e lot shall conform to the minimum lot area, lot width, and setback requirements of Section 11-70-15 of this Title. 2. Setbacks between multiple principal buildings within the same base lot shall be a minimum of twenty feet (20'). 3. AI I buildings shall be setback a minimum thirty three feet (33') from the designated wetland boundary. 4. Common Areas: Alt common areas including, but not limited to, open space, wetlands, greenways, drainage ponds, driveways, parking arm, sidewalks, etc., shalt be maintained in one of the following ways: a. AI I of the property .including buildings and common areas shall be owned by a single entity. b. Condominium ownership pursuant to Minnesota Statutes 515A.1-106. c. The property shall be divided into a base lot and unit lots to allow for individual ownership of the principal buildings or individual tenant spaces within the principal building, with. 14 each owner of a unit )ot having an equal and undivided interest in the common area, subject to the following requirements: (1) .The tenant space related to each unit lot shall have an exclusive exterior entrance. (2) A management association shall be established for all commercial developments with .multiple principal buildings subdivided in a base lot /unit lot configuration that is to be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of driveways and parking areas, subject to review and approval of the City Attorney. 5. Utilities: a Underground orexterior service: All utilities including telephone, electricity, gas, and telecable shall be installed underground. Exterior utility metersand fixturesshall be located in interior side or rear yards when possible and shall be screened from view of adjacent properties and the public right-of-way. b. Public utility service: Separate public utility servioesshall be provided to each unit unless exempted by the City Engineer. (1) Water connection: A shut off valve for each. Individual unit shall be provided. (2) Sewer connection: Where more than one unit is served by a sanitary sewer service, all mainterianoe and cleaning shall be the responsibility of the maintenance association or owners. N. Veterinary clinics provided that: 1. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. 15 2. Animal carcassesare properly disposed of in a manner not utilizing on site garbage facilities or incineration and the c~-casses are properly refrigerated during periods prior to disposal. 3. An animal kennel is permitted as a use aooessory to the veterinary clinic provided that: a .The number ofi animals boarded steal l not exceed twenty (20)• b. An indoor exercise area shah be provided to aocornmodate the periodic exercising of animals boarded at the kerxiel. No outdoor exercising of animals shall be permitted. . . c. A .ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and wil l be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between sixty degrees and seventy five degrees Fahrenheit (60' - 75' F). d. A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. e. Indoor animal kennel floors and. walls shall be made of nonporous materials or sealed concrete to make it nonporous. - _ f. .Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. g. The appropriate license is obtained from the City Clerk and the conditions of section 5-1-12 of this code are met. h. All state health department .and Minnesota Pollution Control Agency requirements for such facilities are met 16 Section 32. Section 11-71-7.D of the Lakeville City Code is hereby amended in its entirety to read as follows: D. Essential services involving transmission pipelines and transmission or substation lines in excess of 33kV and up to 100kV, as regulated by Chapter 26 of this Title. Section 33. Section 11-73-3 of the Lakeville City Code is hereby amended to ..include the following language: 11-73-3: PERMITTED .USES: In addition. to other uses specifically identified elsewhere in this Title, the following are permitted uses in a C-3 District: A. AI I permitted uses as allowed within the C-1 .and C-2 Zoning Districts. B. Antique or gift shop. C. Body piercing establishments.. D. Books, office supplies or stationery stones. E. Carpet, rugs and tile. F. Clothing stores, retail and rental G. Coin and philatelicstores. H. Commercial recreation. 1. Dry cleaning pick-up and laundry stations including incidental repair, assembly and processing limited to items received from. the patron on the premises. J. Dry goodsstore. , K. Electrical appliance stores including incidental repair and assembly but not fabricating or manufacturing. L. Furniture stores. M. Garden supply stores. 17 N. Jewelry stores. O. Off-site service businesses. P. Pawnshops. Q. Retail stores. R. Tattoo parlors. S. Theaters, not of the outdoor drive-in type. T. Travel bureaus, transportation ticket offio~. Section 34. Section 11-74-7.A of the Lakeville City Code is herebyamended in ..its entirety to read as follows: A. Essential services involving transmission pipelinesand transmission or substation lines in excess of 33kV and up to 100kV, as regulated by Chapter 26 of this Title. Section 35. Section 11-75-3 of the Lakeville City Code is hereby amended to include the following .language: B. Performing Arts Centers. Section 36. Section 11-75-5 ofthe- Lakeville City Code is hereby amended to repeal the following language: Performing Arts Centers Section 37. Section i1-75-7.B.2 of the Lakeville City Code is hereby amended in its entirety to read as follows: 2. The residential design and construction standards as outlined in the RH-2 District are met. Section 38. Section 11-76-7.D of the Lakeville City Code is hereby amended in its entirety to read as follows: 18 D. Essential services involving transmission pipelines and transmission or substation lines in excess of 33kV and up to 100kV, as regulated by Chapter 26 of this Title. Section 39. Section 11-86-7.C of the Lakeville City Code is hereby arner>ded in its entirety to read as follows: C. Essential services involving transmission pipelines and transmission or substation lines in excess of 33kV and up to 100kV, as regulated by Chapter 26 of this Title. Section 40. Section. l i-87-3 of the Lakeville City Code is hereby amended to adCi the following provision: B. Major automobile repair. Section 41. Section 11-102-21 of the Lakeville City Code is hereby amended in its entirety to read as follows: 11-102-21: PLANNED SHORELAND DEVELOPMENT: Flexible application of the allowable land uses, minimum lot areaand setback requirements and development regulations of this Chapter may be used within a shoreland .district, provided that the following requirements are satisfactorily met: A. Conditional Use Permit: Planned shoreland developments shall require a conditional use permit based upon procedures set forth in and regulated by Chapter 4 of this Title. B. Sewer And Wafter: Planned shoreland developmeritss shall be connected to Municipal sewer and water. C. Open Space: Residential planned shoreland developmentsshallccntain open space meeting all of the following criteria: 1. At least fifty percent (50%) of the total project area shall be preserved as open space. 2. Dwelling units or sites, road rights of way, or land covered by road surfaces,. parking areas, or structures, except water-oriented aoovssory structures or faci l ities, are developed areas and shall not be included in the computation of minimum open space. 19 3. Open space shall include areas with physical characteristics unsuitable for development in their natural state. 4. Open space may include outdoor recreational facilities for use by owners of dwelling. units or sites. 5. The appeararxe of open space areas, including topography, .vegetation, and allowable uses, shall be preserved by use of restrictive deed covenants, perrrrar~ent e~~sements, public dedication and acceptance, or other equally. effective and permanent m~r~s. 6. The shore impact zone, based on normal structure setbacks, shall be included as open space. At least fifty percent (50%) of the shore impact zone area of existing developments or at least seventy percent (70%) of the shore impact zone area of new developments. must be preserved in its natural or existing. state. D. Residential Density Evaluation: 1. Procedures And Standards: Proposed new or expansions to existing: planned shoreland developments shah be evaluated using the following procedures and standards to determine the suitable ar~era for the dwelling unit/dwel ling site density evaluation in subsection D2 of this Section. a. The project parcel shall be divided into tiers. by locating one or more lines approximately parallel to aline that identifies the ordinary high-water level at the following intervals, proceeding landward: SHORELAND TIER DIMENSIONS Unsewered Severed Feet Feet Recreational development lakes 267 267 Natural environment lakes 400 320 All rivers 300 300 b. Thesuitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs,. or land 20 below the ordinary high-water level of public waters.. This suitable area and the proposed project arc then subjected to the residential planned shoreland development density evaluation steps to arrive at an allowable number of dwelling units orsites. 2. Residential Base Density Evaluation: The procedures for determining the base density and density increase multipliers areas follows. AI towable densities may be transferred from any tier to .any other tier further from the water body, but must not be transferred to any other tier closer. a. Formula: The suitable area within each tier. is dividedby the single residential lot size standard for lakes and rivers. Proposed locations and numbers of dwelling units orsites for the residential planned shoreland developments are then compared with the tier, density, and suitability analysis herein and the design criter"~a in this subsection D. b. Increases: Increases to the dwelling unit or dwelling site base densities previouslydetermined are allowable if the dimensional standards for the various zoning districts established by Chapter 45 ofthis Title are met or exceeded and the design criteria in this subsection D aresatisfied. The allowable density increases in subsection D2c of this Section wit I only be allowed if structure setbacks from the ordinary high-water level are increased to at least fifty percenf (50%) greater than the minimum setback, or the impact on the water body is reduced an equivalent amount through vegetative mar~gement, topography,. or additional rriear~s acceptable to the local unit of government and the setback is at least twenty five percent (25%) grew than the minimum setback. c. Allowable Dwelling Unit Or Dwelling Site Density Increases For Residential Planned Shoreland Developments: 21 Density Evaluation Tiers Within Each Tier First 50 Second 100 Third 200 Fourth 200 Fifth 200 E. Erosion Control. And Stormwater Management: Erosion control and stormwater management plans shall be prepared for all planned shoreland developments and shall be consistent with subsection 11-102-17G of this Chapter. F. Centralization And Design Of Facilities: Centralization and design of facilities and structures shall be done according to the fallowing standards: 1. Dwelling units or sites shall be clustered into one or more groups and located on suitable area`s of the development. They shall be designed and located to meet or exceed the following dimensional. standards for the relevant shoreland classification. Setback from ..the ordinary high-water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high- water level shall be increased in accordance with subsection D2 of this Section for developments with density increases. 2. Structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from the public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other rnaarts acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic shall be preserved, if existing, or may be required to be provided. 3. Accessory structures and facilities shall meet the required principal structure setback and must be centralized. G. Evaluation of Factors: The following factors are careful ly evaluated to ensure that the increased density of development is caisistent with the resource limitations of the public water: 1. Suitability of the site for the proposed use. 2. Physical and aesthetic impact of increased density. 22 Y • J 3. Level of current development. 4. Amount of ownership of undeveloped shoreland. 5. Levels and types of water surface use and public access. 8. Possible effects on overal I public use. H. Facilities: Any recreational or community facility allowed as part of the planned shoreland development conforms to all applicable Federal and Slate regulations including, but not limited to, the following: 1. Waste disposal regulations. 2. Water supply regulations. 3. Building codes. 4. Safety regulations. 5. Regulations oaioeming the appropriate use of "public waters" as defined in Minnesota Statutes section 103G.245. 6. Applicable regulations of the Minnesota Environment Quality Council. 7. Storm sewer. Alteration Approval The final planned shoreland development shall not bemodified oraltered in any way without written approval from the Department of Natural Resources. J. Central Shoreline Facilities: Planned shoreland developments incorporating shoreline recreational facilities such as bead~~es, docks, or boat launching facilities, etc., shall be designed such that said facilities are centralized forcomrnon utilization.. Section 42. Effective Date. This Ordinance shall be effective immediately upon its passage and publication. according to law. PASSED and ADOPTED by the Lakeville City Council this 17th day of March, 2003. 23 .a i CITY OF LAKEVILLE BY: Robert D. Joh Mayor ATTEST 1 BY: Charlene Friedges, City rk 24 1 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA County of Dakota SS TAD JOHNSON, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as Thisweek Newspapers, and has full knowledge of the facts which are stated below: has complied with all of the requirements constituting qualification 0 r.. • o provided by Minnesota Statutes 331 A.02, 331 A.07 and other applic- ch a Ch CA Oh y • C.) e fs I P en O O a c p .21 CC H g V b ww. O F y p 2 ,:y y '. ii a cut from the columns of said newspaper, and was printed and pub - ,1 - F. g w V g2 YID .:-'1' N N L L- - g -4= 4 Jar— .4 Z �zc..loi a is d: 2 e �y.Ea £• a i�- 12 00 U 4c) o cc e4 °.00 ° • a2vAo,w g.ak.w i 'I d,a 2 A a _3 E a o a rday, the ( 0day of V cd8 5O r y qac 5 • y V G7 .S p G D ,�S 6 s• °', G 0 d q� a' thereafter printed and published on every Saturday to and including Q -011]..11;14u) y� C v vG N C �o V .� M N M 1H• Cy 1Ch L 1]..Ci0.rr]4 N 2 ,7:NN 'dMMCA u 8.8 a 8 O O 0.� O A oG = o -� " -� .... -L day of ; and print- ai G', q' C C q C C 1 d n he lower case alphabet from A to Z, both inclusive, which is hereby 0 aoMaoMaoMaS c., v: ncqcn nv�mrnv� 1�1 �' g o 0 0 -.1..-. E o o ' 4 ' d d • g the size and kind of type used in the composition and publication of e�� t i, �o,a a a D. d °' d ^�en en d d d cn en en �+ I? abcdeighijklmnopgrstuvwxyz 9. M P -r( s • it was BY:L r/4,� TITLE: Managing Editor Subscribed and sworn to before me on this I0:34 V\ day of Notary Public 1 CAROL. J. HAVERLAND NOTARY PUBLIC - MINNESOTA My Commission Expires 1-31-2005