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HomeMy WebLinkAbout0619 CITY OF LAKEVILLE ORDINANCE NO. 619 AN ORDINANCE AMENDING THE LAKEVILLE ZONING ORDINANCE REGARDING INTERIM USES THE CITY OF L.AKEVILLE ORDAINS: Section 1. Section 14-2-2 (Definitions) of the Lakeville Zoning Ordinance is revised to add the following: INTERIM USE: A temporary use of property until a par#cular date, until the occurrence of a particular event, or until zoning regulations no longer allow it. INTERIM USE PERMIT: A permit issued in accordance with procedures specified in this Title, as a flexible device to enable the City Council. to assign time limits and conditions to a .proposed use after consideration of current or future adjacent uses and their functions. TEMPORARY COMMERCIAL STRUCTURE: A structure used on a temporary basis for an occupation, employment, or enterprise that is carried. on by the owner, lessee, or licensee. Sectiion 2. Section 11-3-5 (Administration) of the Lakeville Zoning Ordinance'is revised to add the following: 11-3-5 INTERIM USES: A. .Purpose and Intent: The purpose and intent of allowing interim uses is: 1. To allow a use for a brief period of time until a permanent location ~is obtained or while the permanent location is under construction. 2. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. 3. To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. B. Procedure: Uses defined as interim uses which do not. presently exist within a respective zoning district shall be processed according to the standards and procedures for a conditional use permit as established by Section 11-3- 2 of this Title. C. .General Standards: An interim use shall comply with the .following: 1. Meet the standards of a conditional use permit set forth in Section 11- 3-2 of this Title. 2. Conform to the applicable general performance standards of .Section 11-6 of this Title. 3. The use is allowed as an interim use in the respective zoning district. 4. The date or event that will terminate the use can be identified with certainty. 5. The use will not impose additional unreasonable costs on the public. 6. The user agrees to any conditions that the City Council. deems appropriate for permission of the use. D. Termination: An interim use shall terminate on the happening of any of the following events, whichever occurs first: 1. The date stated in the permit. 2. Upon violation of conditions under which-the permit was issued.. 3. Upon change in the City's zoning regulations which renders the use non-conforming. 4. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. 2 E. Certification of Taxes Paid: Prior to approving an application for an interim use permit, the applicant shall provide certification to the City that there are no deFinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the interim use permit application relates. F. Expiration. If within one year after granting an interim use permit, .the use as permitted shall not have been completed or utilized, then such. interim use shall become null and void unless a petition for extension of time in which to complete or to utilize the use has been granted by the City Council. Such extension shall be requested in writing -and filed with the Zoning Administrator at least thirty (30) days before the expiration of the original _ interim use permit. There shall be no charge for filing of such petition. The request for extension shall. state facts showing a good faith .attempt to complete or use the use permitted in the interim use permit. Such petition shall be presented. to the City Council for decision. G. Performance Bond: 1. Upon approval of an interim use permit, the City shall be provided, where deemed necessary by the City with a surety bond, cash escrow, certificate of deposit, securities or cash deposit .prior to the issuing of building permits or initiation of work on the .proposed improvements or development. Said security shall guarantee conformance and compliance with the conditions of the interim use permit and the ordinances of the City. 2. The security shall. be in the amount equal. to one hundred twenty five percent (125%) of the City Engineer's or Building Official's estimated costs of labor and .materials for the proposed improvements or development. 3. The City shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the interim use permit and ordinances of the City has been issued by the City Building Official Section 3. Section 11-6 2. D. (Dwelling Unit Res#riction) of the Lakeville Zoning Ordinance is revised to read as follows: D. By an Interim Use permit ,subject to the requirements of Section_11-3-5 of this Title, in all. zoning districts "self-contained motor homes", as defined by 3 Minnesota Statutes, may be used as temporary living. quarters for construction workers working on the same site provided: Section 4. Section 11 ~-6 I (Fences) of the Lakeville Zoning Ordinance is revised to read as follows: L Special Purpose Fences: Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City by issuance of an interim use permit by the Planning Commission and approved by the City Council. Findings shall be made.. that the fence is necessary to protect, buffer or improve the premises for which the fence is _ untended. Section 5. Section 11-6-18: (Bus Shelter and Bus Benches) of the Lakeville Zoning Ordinance is revised to read as follows: 11-6-18 BUS SHELTER AND BUS BENCHES: The erection or placement of bus shelters and covered bus benches in the public right of way shall require an interim use permit as regulated underthe provisions of Section 11-3-5 of .this Title. No bus sfielter or bus bench shall contain any advertising or signage, .other than informatuonal or directional signs. Section 6. Section 11-7-3.B & D {Special Home Occupations) of the Lakeville Zoning Ordinance is revised to read as follows: B. Special Home Occupation: Any home occupation which does not meet. the specific requirements for a permitted home occupation as defined in this Section shall require a "special home occupation. permit" which shall be .applied for,. reviewed and disposed of in accordance with the provisions of Section 11-3-5 of this Title, except that mailed notification need not exceed three hundred fifty feet (350'). D. Effect of Permit: A "special home occupation permit" :may be issued for a period of one year after which the permit may be reissued for periods of up to three (3) years each. Each application for permit renewal shall, however, be processed in accordance with the provisions of Section 11-3-5 of this Title regarding interim use permits, except that no public hearing is required on the :permit renewal, unless .deemed necessary by the Planning Commission or City ..Council However, notice of the permit renewal application must be provided to all property owners of land within three 4 hundred fifty feet (350') of the boundary of the property in question. The notice must provide the date of the hearing before the Planning Commission and indicate that parties may be .heard to consider the application. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Title. Section 7. Section 11-9-9 (Joint Parking Facilities) of the Lakeville Zoning Ordinance is revised to read as follows: 11-9-9: JOINT FACILITIES: The City Council may, after receiving a report and recommendations from the Planning Commission, approve as applicable. a conditional use permit for long term permanent joint parking facilities as regulated under the provisions of .Section 11-3-2 of this Title, or an interim use.: permit for short term temporary joint.parking facili#ies as regulated under the provisions of Section 11-3-5 of this Title, for one or more businesses to provide the required off-street parking. facilities by joint use of one or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the Planning Commission shall not recommend that. such permit be granted nor the Council approve such a permit except when the following conditions are found to exist: Section 8. Section 11-9-1D A (Off:Site Parking) of the Lakeville Zoning Ordinance is revised to read as follows: A. Any. off-site parking which is used to meet the requirements of this Chapter shall, as applicable, be allowed by a conditional use. permit for long term off- site parking facilities as regulated under the provisions of Section 11-3-2 of this Title, or an .interim use permit for short term temporary off-site,parking facilities as regulated under the provisions of.Section 11-3-5 of this Title, and shall be subject to the conditions listed below. Section 9. Section 11-12-1 (Land Reclamation and Mining) of the Lakeville Zoning Ordinance is revised to read as follows: 11-12=1: PERMITS REQUIRED: No person shall within the City, fill, excavate, dig or grade the surface of the earth nor open any pits or excavated areas in the earth nor do any other acts where it will raise or lower the grade of any Land, except as provided for in and in conformance with the Lakeville Excavations and Mining Ordinance 375, as may be amended. All applications for land reclamation or mining 5 shall require an interim-use permit under the provisions of Section 11-3-5 of this Title. Section 40. Section 11-16-3.A.5 (Model Homes) of the Lakeville Zoning Ordinance is revised to read as follows: 5. All criteria for interim use consideration but not procedural requirements as contained in Section 11-3-2 of this Title shall be considered and satisfactorily met. . Section 11. Section 11-17-1.E (Animals) of the Lakeville. Zoning Ordinance is revised to read. as follows: E. With the exception of animals allowed by subsections A, B, C and D, no other animals are. allowed except by interim use permit as regulated under the provisions of Section 11-3-5 of this Title. Section 12. Section 11-20-2 (Wind Energy Conversion Systems -Application) of the Lakeville Zoning Ordinance is revised to read as follows: 11-20-2 APPLICATION A. Interim Use. Wind energy conversion systems may be allowed as an interim use within any zoning district of the. City, subject to the regulations and requirements of this Chapter, provided the property upon which the system is to be located is zoned agricultural, commercial or industrial or is constructed and maintained on any parcel of at least two and one-half (2- 1/2) acres in size... B. Declaration of Conditions. The Planning Comrnission may recommend and the. City Council may impose such conditions on the granting of WECS interim use permit as may be necessary to carry out the purpose and provisions of this Chapter. C. Site Plan Drawing: All applications for a WECS interim use permit shall be accompanied by a detailed site plan drawn to scale and dimensioned, displaying the following information: Section 13. Section 11-23 (A-P, Agricultural Preserve District) of the Lakeville 6 Zoning Ordinance is revised to add the following: 11-23-4.5 INTERIM USES: Subject to applicable provisions of this Title, the following are interim uses in the A-P District and are governed by Section 11-3-5 of this Title: Open and outside storage -principal or accessory provided that: 1. The area is fenced and. screened from view of any neighboring residential uses in compliance with Section 11-6-7 of this Title. 2. Storage is screened firom view. from the public right of way in compliance with Section 11-6-7 of this Title. 3. Storage area is grassed or surfaced to control dusf. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of .way or from neighboring residences and shall be in compliance with Section 11-6-9 of this Title. 5. Does not take: up parking space as required for conformity to this Title. 6. The provisions of Section 11-3-5 of this Title .are considered and satisfactorily met. -Section '14. Section 14-24 (R A, Single-Family Agricultural District) of the Lakeville Zoning Ordinance is revised to add the following: 11-24-4.5 INTERIM USES: Subject to applicable provisions of this .Title, the .following .are interim uses in the R-A District and are governed by Section 11-3-5 of this Title: All interim uses as allowed in the A-P District. Temporary class rooms for public and private educational institutes as an accessory use provided that:. 1. Side yards shall be double that required for the district, but no greater than thirty feet (3D'). 7 2. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 11-6-7 of this Title. 3. Adequate off-street parking and access is provided on the site or on lots abutting directly across a public street or alley to the principal use in compliance with Chapter 9 of this Title and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 11-6-7 of this Title. 4. Adequate off-street loading and service entrances are provided and regulated where applicable by Chapter 10 of this Title. . 5. The provisions of subsection 11-3-5 of this Title are considered and satisfactorily met. Section 15. Section 14-25 (R-1, Low Density Single-Family Residential District) of the Lakeville Zoning Ordinance is revised to add the following: 11-25-4.5 INTERIM USES: Subject to applicable provisions of this Title, the following are interim uses in the R-1 District and are governed by Section 11-3-5 of this Title: All interim uses as .allowed in the R-A District. Section 16. Section 11-26 (R-2, Single-Family Residential District) of the Lakeville Zoning Ordinance is revised to add the following: 11-26-4.5 INTERIM USES:. Subject to applicable provisions of this Title, the following are interim uses in the R-2 District and are governed by Section 11-3-5 of this Title: All interim uses as allowed in the R-1 District. Section 17. Section 11-27 (R-3, High Density Single-.Family Residential District). of the LakeviNe Zoning Ordinance is revised to add the following: 11-27-4.5 INTERIM USES: Subject to applicable provisions of this Title, .the following are interim uses in the R-3 District and are governed by Section 11-3-5 of this Title: 8 All interim uses as allowed in the R-2 District. Section 18. Section 11-28 (R-4, Single and Two-Family Residential District) of the Lakeville Zoning Ordinance is revised to add the following: 11-28-4.5 INTERIM USES: Subject to applicable provisions of this Title, the following are interim uses in the R-4 District and are governed by Section 11-3-5 of this Title: All interim uses as allowed in the R-3 District. Section 19. Sec#ion 11 ~9 (R-5, Single-Family, Two Family and-Medium Density. Residential District) of the Lakeville Zoning Ordinance is revised to add the following: 11,-29-4.5 INTERIM USES: Subject to applicable provisions of #his Title, the following are interim uses in the R-5 District and are governed by Section 11-3-5 of this Title: ALI interim uses as allowed in the R-4 District. Section 20. Section 11-30 (R-6, Medium Density Residential District) of the Lakeville Zoning. Ordinance is revised to add the following: 11-30-4.5 INTERIM USES: Subject to applicable provisions of this Title, the following are interim uses in the R-6 District and are governed by Section 11-3-5 of this Title: All interim uses as allowed in the R-5 District. Section 21. Section 11-31 (R-7, High Density. Residential District) of the .Lakeville. Zoning Ordinance is revised to add the following: 11-31-4.5 INTERIM USES: Subject to applicable provisions of this Title, .the following are interim uses in the R-7 District and are governed by Section 11-3-5 of this Title: All interim uses as allowed in the R-6 District. 9 Section 22. Section 11-32 (R-B, Residential-Business Transition District) of the Lakeville Zoning Ordinance is revised to add the following: 11-32-4.5 INTERIM USES: Subject to applicable provisions of this .Title, the following are interim uses in the R-B District and are governed by Section 11-3-5 of this Title: All interim uses as allowed in the R-7 District. Section 23. Section 11-33 (R-MH, Manufactured Home Park District) of the Lakeville Zoning Ordinance is revised to add the following: 11-33-3.5 INTERIM USES: Subject to applicable provisions of this Title, the following are interim uses in the R-MH District and are governed by Section 11-3-5 of this Title: All interim uses as allowed in the R-B District. Section 24. Section 11-34 (B-1, Limited Neighborhood Business District) of the Lakeville Zoning Ordinance is revised to add the following: 11-34-4.5 INTERIM USES: Subject to applicable provisions of this Title, the following are interim uses in the B-1 District and are governed by Section 11-3-5 of this Title: Temporary commercial structure provided that: 1. Such use is allowed as a permitted use in the underlying zoning district. 2. Adequate off-street parking is provided in compliance with the requirements of Chapter 9 of this Title. 3. All signing and informational or visual communication devices shall be in compliance with Chapter 13 of this Title. 4. All lighting shall be hooded and so directed that the. Light. source shall not be visible from the public right of way or from neighboring residences and sha11 be in compliance with Section 11-6-9 of this Title. 10 5. The provisions of Section 11-3-5 of this .Title are considered and satisfactorily met. Section 25. Section 11-35 (B-2, Retail Business District) of the Lakeville Zoning Ordinance is revised to add the following: 11-35-4.5 INTERIM USES: Subject to applicable provisions of this Title, the following are interim uses in the B-2 District and are governed by Section 11-3-5 of this Title: All. interim uses as allowed in the B-1 District. Section 26. Section 11-36 (B-3, Auto-Oriented Business District) of the Lakeville Zoning Ordinance is revised to add the following: 11-36-4.5 INTERIM USES: Subject to applicable provisions of this Title, the following are interim uses in the B-3 District and are governed by Section 11-3-5 of this Title: All interim uses allowed in the B-2 District. Open and outside storage -principal or accessory provided that: 1. The area is fenced and screened from view of the neighboring residential uses or if abutting an R District in compliance with Section 11-6-7 of this Title. 2. Storage is screened from view from the public right of way in compliance with Section 11-6-7 of this Title. 3. Storage area is grassed or surfaced to control dust. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with Section 11-6-9 of this Title. 5. Does not take up parking space as required for conformity to this Title. 11 6. The provisions. of Section 11-3-5 of this Title are considered and satisfactorily met. Open and outdoor service, sales, rental as a principal or .accessory use provided that: 1. Outside services, sales and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area. of the principal. use. 2. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting R District in compliance with Section 11-6-7 of this Titles 3. All lighting shall be hooded and so directed that the light sources shall not be visible from the public right of way or from neighboring residences. and shall be in compliance with Section 11-6-9 of this Title.. 4. Sales area is grassed or surfaced to control dust. 5. The use does not take up parking space as required for conformity to this Title. 6. The provisions of Section 11-3-5 of this Title .are considered anc! satisfactorily met.. Section 27. Section 11-37 (B-4, General Business District) of the Lakeville Zoning Ordinance is revised to add the following: 11-37-4.5 INTERIM USES:. Subject to applicable provisions of this Title, the following are interim uses in the B-4 District and are governed by Section 11-3-5 of .this Title: AN interim uses allowed within the B-3 District. Section 28. Section 11-38 (BC; Business Campus District) of the Lakeville Zoning Ordinance is revised to add the following: 11-38-4.5 INTERIM USES: Subject to applicable provisions. of this Title, the 12 following are interim uses in the BC District and are governed by Section 11-3-5 of this Title: All interim uses-allowed within the B-1 District.. Accessory, enclosed retail, rental, or service activity other than that allowed. as a permitted use or conditional use within this Section, provided that: 1. Such use is allowed as a permitted use in a business district. 2. Such use does not constitute more than twenty-five percent (25%) of the gross floor area of the principal building. 3. Adequate off-street parking and off-street loading in compliance with the requirements of Chapters 9 and 10 of this Title are provided. 4. All signing and informational or visual communication devices shall be in compliance with Chapter 13 of this Title. 5. The provisions. of Section 11-3-5 of this Title are considered and satisfactorily met. Section 29. Section 11-39 (CBD-C, Central Business District-Commercial District) of the Lakeville Zoning Ordinance is revised to add. the following: 11-39-4.5 INTERIM USES: Subject to applicable provisions of this Title, the following .are interim uses in the CBD-C District and are governed by Section 11-3-5 of this Title: All interim uses Mowed within the B-4 District. Section 30. Section 11-40 (B-W, Business-Warehousing bistrict) of the Lakeville. Zoning Ordinance is revised to add the following: 11-40-4.5 .INTERIM USES; Subject to applicable provisions of this Title, the following are interim uses in the B-W District and are governed by Section 11-3-5 of this Title: All interim uses allowed within the B-4'District. 13 Accessory, enclosed, enclosed retail, rental, or service activity other than that allowed. as a .permitted use or conditional use within this Section, provided. that: 1. Such use is allowed as a permitted use in a business district. 2. .Such use does not constitute. more than twenty-five percent (25%) of the gross floor area of the principal building. 3. Adequate off-street parking and off-street loading in compliance with the requirements of Chapters 9 and 10 of this Title are provided. 4. All signing and informational or visual communication devices shall be in compliance with Chapter 13 of this Title. 5. The provisions of Section 11-3-5 of this Title are considered and satisfactorily met. Section 34. Section 11-41 (CBD-I, Central Business District-Industrial District) of the Lakeville Zoning Ordinance is revised. to add the following: 11-41-4.5 INTERIM USES: Subject to applicable provisions of this Ti#le, the following are interim uses in the CBD-I District and are governed by Section 11-3-5 of this Title: All interim uses allowed within the B-W District. Section 32. Section 11-42 (I-1, Limited Industrial District) of the .Lakeville Zoning .Ordinance is revised to add the following: 11-42-4.5 INTERIM USES: Subject to applicable provisions of this Title, the: .following are interim uses in the 1-1 District and are governed by Section 41-3-5 of this Title: All interim uses allowed within the CBD-I District. 14 s Section 33. Section 11-43 (I-2, General Industrial District) of the :Lakeville Zoning Ordinance is revised to add the fallowing: 11-43-5.5 INTERIM USES: Subject to applicable provisions of this Title, the following are interim uses in the I-2 District and are governed by Section 11-3-5 of this Title: All interim uses as allowed in an l-1 District. Section 34. This Ordinance shall be effective following its passage and publication. ADOPTED this 3rd day of November, 1997 by the City Council of the City of Lakeville. CITY OF IAKEViLLE B ~ Y Duane R. Zaun, yor ATTEST: By: Charlene Friedges, Clerk 15 . CITY of fi.AKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 619 AN ORDINANCE AMENDING THE LAKEVILLE ZONING ORDINANCE REGARDING INTERIM USES THE CITY COUNCIL OF THE CITY OF LAKE- VILLE, MINNESOTA DOES HEREBY ORDAIN: Section 1. Section 11-2.2 (Definitions) of the Lakeville Zoning Ordinance is revised to add the following: INTERIM USE: A temporary use of property until a particular date, until the occur- rence of a particular event, or until zon- ing regulations no longer allow it. ERIM USE PERMIT: A permit issued in accordance with procedures specified in this Title, es a flexible device to enable the. City Council to assign time limits and conditions to a proposed use after consideration of current or future adja- cent uses and their functions. MPORARY COMMERCIAL STRUCTURE: A structure used on a temporary basis for an occupation, employment, or enterprise that is carried on by the owner, lessee, or - licensee. Section 2. Section 11-3-5 (Administration) of the Lakeville Zoning Ordinance is revised to add the following: 11-3-5 INTERIM USES: A. Purpose and Intent: The purpose and intent of allowing interim uses is: 1. To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under con- struction. 2. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redeye!- opment, will not be acceptable in the fu- ture or will be replaced in the future by a permitted or conditional use allowed within the respective district. 3. To allow a use which is reflective of_an- ticipated long range change to an area and whichis in compliance with the Com- prehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and de- sign standards of existing uses and: de- velopment. - B. Procedure: Uses defined as intetim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures for a condi- tional use permit as established by 'Section 11-3-2 of this Title. . 1zy una Official - Section 3. Restriction) of t revised to read ei D. By an Intl requireme all zoning; homes", ash maybe use/ site provide - Section , 4. ..S Lakeville Zoning`, follows: 1 I. Special Put, purposes an height or I4 district in ti use permit 1{ approved by be made that buffor imi fence er is ince Section 5. Se Bus Benches) of ti revised to read as 11-6-18 BLT BENCHES: T shelters and ci right of way sh as regulated > 11-3-5 of this shall contain a than informati Section 6. Sec Occupations) of th revised to read as B. Special Hoo: pation whick quirements tion as defin a "special hi shall be app; of in accorda tion 11-3-6 a notification i fifty feet (35• D. Effect of Peri permit" may after which 1 periods of uQ RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $14.53 per column inch. (2) Maximum rate allowed by law for the above matter: $14.53 per column inch. (3) Rate actually charged for the above matter: $10.48 per column inch, 1st week and $9.95 per column inch, successive weeks. AFFIDAVIT OF PUBLICATION Richard M. Sherman , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the pub- lisher of the newspaper known as Lakeville Life & Times, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualifi- cations as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed City of Lakeville Ord. No. 619 which is attached was cut from the columns of said newspaper, and was printed and published once on Saturday, the 15th day of November , 1997; and printed 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 publica- tion of the notice: abcdefghijklmnopqrstuvwxyz BY: TITLE: Publisher Subscribed and sworn to before me on this 17th day of November , 1997. Notary Public BARBARA J. GROSBERG NOTARY PUBLIC- MINNESOTA MY COMMISSION EXPIRES 1 31-00 C-IWK