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Home My WebLink About0743 CITY OF tAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE N0.743 AN ORDINANCE AMENDING TITLE 11 (ZONING ORDINANCE) OF THE LAKEVILLE CITY CODE MAKING ALLOWANCE FOR AND REGULATING OUTDOOR SALES FOR MOTOR FUEL FACILITY USES. THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 11-37-3.M.1 of the Lakeville .City Code is hereby amended to read as follows: 1. An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from. encroachments by parked-cars or moving vehicles. In front of the principal structure, the pedestrian sidewalk must be a minimum of five feet (5') wide and clear of any obstacle or impediment. The pedestrian sidewalk may be reduced to a minimum of three feet (3') wide and clear of any obstacle or impediment when segregated from parking or drive aisles by a physical barrier that prevents vehicles from overhanging. the pedestrian sidewalk. Section 2. Section 11-37-3.0 of the Lakeville City Code is hereby amended to include the following section: O. Outside sales and service shall be allowed on a limited basis, provided that: 1. Site Plan. a. Areas for outdoor sales and services shal}~ be clearly. indicated on the site plan and reviewed at the time.. of application for a conditional use permit. No outdoor sales or services shall be allowed outside of those areas so designated on the approved site plan without approval of an amended .conditional use permit. 1 b. Outdoor sales and services that do not conform to the specific performance standards of Section 11-27-3.0 of this Title shall be defined as non-conforming .uses regulated by Chapter 15 of this Title. c. Conditional Use Permit. Outdoor sales and services .may be further restricted or prohibited. as a termin a conditional use .permit. 2. Location.. Except as regulated by Section 11-37- 3.4.a of this Title, outdoor sales. and services shall be .located upon a concrete or asphalt surface adjacent to the principal building.. and shall not encroach into .any .required 'principal .building setback, required parking stall, drive aisle, or pedestrian sidewalk required by Section 11-37-3.M of this Title, or otherwise impede vehicle and pedestrian circulation. 3. -0utdoor Sales: a. Area. The. area devoted to outdoor sales shall. not exceed five (5) percent. of the gross floor area of the principal building or two hundred (200) square feet whichever is less. b. Height. The height of .sales displays shall not. obstruct-any window or otherwise impair a clear view of the pump islands from. the cashier-station within the building. In no .case shall the sales display exceed five. feet (5') in height c. Required Parking. The outdoor sales area shall be included in the calculations for parking spaces required for the use by Chapter 19 of this Title. 4. Outdoor services shall be limited to the following uses: a. Public phones, compressed air service or automobile vacuum areas may encroach: into a 2 required yard as long as they do not interrupt on-site traffic circulation, .do not occupy required parking stalls, and area not located in a yard abutting residentially zoned property. b. .Propane sales limited to twenty (20) pound capacity tanks may be located outside provided the propane tanks are secured in a locker and meets all State Uniform Building and Fire Codes. c. Freezers for ice products may .only be located at the front. of the building subject to the area and location. requirements of Section 11-37-3.0.2 and Section 11-37-3.0.3 of this Title, or when. used for storage purposes only shall be located in a side or rear yard and screened from view from adjacent properties or the public right-of- way with materials consistent with the principal building. 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 2nd day of September, 2003. CITY OF LAKEVILLE BY: Robert D. John ,Mayor ATTEST BY: Charlene Friedges, Cit lerk 3 PUBLIC NOTICE CITY OF LAKEVIL E DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 743 1111 ORDINANCE AMENDING TYLE 11 ONNG ORDINANCE) OF TUN LLQ MIN CITY CODE MAKING ALLOWANCE FOR AND REGULATING OUTDOOR SALES FOR MOTOR FUEL FACU1TT ULB. TIM CITY COUNCIL OF THE CITY OF LIROVULE O RDAUfS: /rtion 1. - Section 11-37-3.M.1 of the Lntisvllle City Code is hereby amended to red as follows: 1. -An internal site pedestrian circulation system shall be defined and appropciate provisions made to protect such areas Soma encroachments by parked cars of acting vehicles. In frontofthe principal e t rcture, the pedestrian sidewalk must. be a'minimum of five feet (5') wide and clear Winn obstacleor impediment. The modes - trim sidewalk may be reduced to a min - nun of tree feet (3') wide and clear -of any o bstacle or impediment when segregated hem parking or drive aisles by a physiea l barrier that prevents vehicles from over - ledging the pedestrian sidewalk. )Section 2. Section 11.37-3A of the Iabeville City Code is hereby amended to iaeiude the following section: 0. Outside sales and service shalt be sllsvved'on a limited basis, provided that: 1. Site Plan. a. Areas for outdoor sales and services shall be clearly indicated on . the site :plan and reviewed at the time of applies- - ton for a conditional use permit. No out- door sales or seivices shall be allowed outside of those areas so designated as the approved site plan without apprise' at an amended conditional use permit • b. Outdoor sales and services that do not conform to. the specific performance standards of Section 11-27-3.0 of bill Title shall be defined as non -conforming uses regulated by Chapter 15 of tics Title. e. Conditional Use Permit. Outdoor sales and services may be further restricted or prohibited as a term in a conditional time permit. 2. Location. Except -as regulated by Section 11-37-3.4.a of this Mlle, outdoor sales and services shall be located upon a concrete or asphalt surface adjacent to the principal building and Shall not encroach into any required principal building set- midi, etmidi required parking stall, drive aisle, mu pedestrian sidewalk required by Section 11-37-3.M of this Title, or otherwise im- pede vehicle and pedestrian circulation. 3. Outdoor Sales: a. Area. The area devoted to outdoor 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: (A)The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 33 I A.02, 33 I A.07 and other applic- able laws, as amended. (B)The printed which is attached was cut from the columns of said newspaper, and was printed and pub- lished once ea ai ek,4vr- s ' eeks; it was first published on Saturday, the (.day of3Q- .2,00 d-, and was thereafter printed and published on every Saturday to and including Saturday, the day of ; and print- ed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz Subscribed and sworn BY: G TITLE: Managing Editor to before me on this day of Notary Public CAROL J. HAVERLAND NOTARY PUBLIC — MINNESOTA My Commission Expires 1-31-2005