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CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO.: 737 AN ORDINANCE AMENDING TITLE 11 (ZONING ORDINANCE) OF THE LAKEVILLE CITY CODE. THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 11-21-5.F of the Lakeville City Code is hereby amended to include the following section: . 4. All fences shall be setback ten feet (10') from any lot line abutting a public right-of-way, except for fences constructed within the required rear yards of a double frontage lot and a side yard of a corner lot abutting a major collector or arterial street on lots of record and preliminary platted lots having legal. standing established on January 1, .1994. 5. Required. Front Yards and Side Yards of Corner Lots: a. Fences extending across front yards and side yards abutting a public right-of-way shall not exceed forty two inches. (42") in height and shall be at least seventy five (75) percent open space for the passage of air and light, except as provided. for by Section 11-21- 5.F.5.b of this Title. b. A fence with a height greater than forty two inches (42") or less _ than seventy five (75) percent open space may be constructed within the required rear yards of a double frontage lot and a side yard of a corner lot abutting a major collector or arterial street by administrative permit, provided that: (1) Except for fences constructed on lots of record and preliminary platted lots having legal standing established on January 1, 1994, the fence shall be setback fifteen feet (15') from the property line abutting a major collector or arterial street. (2) The fence along a side lot line abutting a collector or arterial street right-of-way shall not extend into a required front yard and be no closer to the front lot 1 line than a point intersecting the front line of the principal building. (3) For interior lots, a gate constructed of the same material as the fence shall be provided in the fence to allow for maintenance of the street side boulevard.. c. All. fences located within any required yard abutting a public right- of-way shall maintain the traffic visibility requirements of Section 11-16-15 of this Title. .Section 2. Section 11-21-9.C.6 of the Lakeville City Code is hereby amended in its entirety to read as follows: 6. Design Standards: a. Except in areas of .steep slopes or where natural vegetation is acceptable as approved by the Zoning Administrator, buffer yards shall contain a combination of earth berms, plantings, or privacy fencing of a sufficient density to provide a minimum visual screen and a reasonable buffer to the following heights: (1) Major collector streets: 10 feet. (2) Low Density Arterial streets: 12 feet. (3) High Density Arterial streets: 12 feet. (4) The .grade. for determining height shall be the. grade elevation of the building or use for which the buffer yard is providing protection, unless otherwise established during the site plan review process. b. Plantings: All designated buffer yards must be seeded or sodded except in areas of steep slopes where natural vegetation is acceptable as approved by the Zoning Administrator. All plantings within designated buffer yards shall adhere to the following: (1) Plant material centers shall not be located closer than five feet (5') from the fence line and property line, and shall not conflict with public plantings, sidewalks, trails, etc. (2} Landscape screen plant material shall be in two (2) or more rows. Plantings shall be staggered in rows unless otherwise- approved by the Zoning Administrator. 2 (3) Shrubs shall be arranged to lessen the visual gaps between trees. Along arterial streets,. all plantings of deciduous trees. shall be supplemented with shrubs such that the buffer yard contains a continuous band of plants. (4) Deciduous shrubs shall not be planted more than four feet {4') on center, and/or evergreen shrubs shall not be planted more than three feet (3') on center. (5) Deciduous trees intended for screening shall be planted. not more than forty feet (40') apart. Evergreen trees intended for screening shall be planted not more than fifteen feet (15') apart. c. Walls And Fences: All walls and fences erected within designated buffer yards require an .administrative permit and shall. meet the following conditions: (1) Walls and fences formally approved as part of the subdivision and site plan process shall.not be required to obtain an administrative permit but shall conform to all of the requirements of this section. (2) At leastfifty percent (50%) of the. street. side of a screening fence shall. be landscaped with plant materials. Plant materials shall be at least equal to the fence height. (3) Fences may be exposed no .more .than a maximum length of twenty feet (20') between landscaping areas: or clusters. (4) For interior lots, a gate constructed of the same material as the fence shall be provided in the wall or fence to allow for maintenance of the street side boulevard. (5) Fences and landscaping shall not be located within the "traffic sight visibility triangle" as defined in Section 11-16-15 of this Title. d. Earth Berms: Earth berms within designated buffer yards. shall adhere to the following: (1) Except in areas of steep slopes or where other topographic features will not permit, as determined by the .City Engineer, an earth berm shall be installed in all designated buffer yards in accordance with the following minimum height requirements: (a) Major collector streets: 4 feet. 3 (b) Low Density Arterial streets: 6 feet. (c) High Density Arterial streets: 6 feet. (2) The slope of the earth berm shall not exceed a three to one (3:1) slope unless approved by the City Engineer. (3) .The earth berm shalt contain no less than four inches (4") of topsoil. Section 3. 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 7th day of April, 2003. CITY OF LAKEVILLE BY. Robert D. Joh on, Mayor ATTEST BY: Charlene Friedges, Ci lerk 4 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: r vO o ,� ch a. c e `o is 1 g Le& Ot. DS '� n 1 C; g ! C_ g 3 vi 11 M O u O a+ a+ F�LJ7 war [meq 0 ,p CJ ,p 7 a es Gi -'LS - j d y 7 b � � c •a' '5 'a a -tut from the columns of said newspaper, and was printed and pub - d 1 .... v O/ N p ..._ r. g .0 r... O© d G'J O C v I a °' .v C 0 i iI or s. -g" i`. ]tri gg 5 t Was v 1 O ixa o -0p` G4.r... ts.a4w41 /,�/1 h w° ,relay, the D day of , P. G q 2 1 ?°'QG� P Q a . 5 c printed and published on every Saturday to and including •O V UC N oCi d C E�� Cy p•'�NM, NM1Aflthereafter a• aN A' Gc7vai aU°i,-. V6oac6c0.Gcd ti .� day of ; and print - ^ a> C C C. C C C C ��f„M1�00 O�0.-I O O MQ i O1 i „ ;, 'A 4 the lower case alphabet from A to Z, both inclusive, which is hereby M M M M M M Q O� Ot O� Qf T 'O •-� t� V7 N V] f% M V) VI V7 -d' U �' a g d o 0 0 0 0 0 . c ' d d g the size and kind of type used in the composition and publication of I -s v Attu u” a s a a y c, y QaA V 2 abcdefghijklmnopgrstuvwxyz M j has complied with all of the requirements constituting qualification provided by Minnesota Statutes 33IA.02, 33IA.07 and other applic- BY: TITLE: Managing Editor Subscribed and sworn to before me on this day of Notary Public CAROL J. HAVERLAND NOTARY PUBLIC - MINNESOTA My Commission Expires 1-31-2005