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HomeMy WebLinkAbout0565 ORDINANCE NO. 565 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE. NO. 167, THE ZONING ORDINANCE CONCERNING STORAGE OR PARKING OF LAND/SEA CONTAINERS AND SEMI-TRACTOR TRAILERS IN THE 1-1, 1-2 AND CBD-1 ZONING DISTRICTS AND ESTABLISHING OUTDOOR STORAGE AND SCREENING REQUIREMENTS. THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 2.2 of Ordinance No. 167 is amended by adding the following definitions: 84A) Land/Sea Containers. Fully enclosed metal or other prefabricated material structures, containers, holders, or receptacles greater than five 15) feet in length with an opening for access, which may or may. not have a door attached, and which are used for purposes of, but. not limited to, storage, transportation of freight, ar holding for sale or lease. 146A) Trailer, Construction. A trailer temporarily located on a construction site for storage of equipment and other materials used in connection with development of property. 1466) Trailer, Semi-tractor. A trailer with a set or sets of wheels at the rear only, which may be supported in front by a truck, tractor or towing vehicle, and which is .used for the purpose of, but. not limited to, storage, transportation of freight, or holding freight for sale or lease. Section 2. Section 9 of Ordinance. No. 167 is amended by adding Section 9.156 to read as follows: 9.156 Outdoor Storage of Land/Sea Containers or Parking of Semi-Tractor Trailers.. 1 } Non-Conforming Use. Outdoor storage of land/sea containers or semi- tractor trailers shall be brought into. compliance with this Ordinance or shall be removed by June 1, 1996. 32300..03 12!11/45 2) Accessory Use. Outdoor storage and parking of land/sea containers and.. semi-tractor trailers shall be allowed only in Districts where such use is Fisted as an accessory use. Any other outdoor storage of land/sea containers and semi-tractor trailers is prohibited. 3) Exemption. The prohibition against outdoor storage of semi-tractor trailers provided in this section does not apply to: a) parking of semi-tractor trailers for a period of up to one hundred twenty (120) consecutive days .per calendar year for. the normal freight and cartage in transit; or b) temporary parking of construction trailers on a construction site during the period that the site is being developed. 4) Penalty. Any person who allows outdoor storage of landJsea containers or semi-tractor trailers in violation of this section, is guilty of a misdemeanor. 5) Certification. All semi-tractor trailers with a Minnesota license plate shall be certified by the State of Minnesota and shall display a current inspection certification decal .issued in accordance with Minn. Stat. Section 169.781 by .June 1, 1996. After June 1, 1996, all semi-tractor trailers. with out-of-state license plates shall produce upon request. proof that the vehicle complies with federal motor .vehicle .inspection requirements. for vehicles in interstate commerce as provided under 49 C.F.R. Section 396.17. 6) Surface.. All land/sea containers and semi-tractor trailers. used fore outdoor storage shall be parked. on a concrete, bituminous, 100% crushed rock 1.5 inch (minus), or crushed concrete surface. 7) Location. Land/sea containers shah not be stored and semi-tractor trailers shall not be parked in the required front yard setback area or in a required side yard setback area abutting. a Residential District, Cedar Avenue (County Road 23), County Road 50, 215th Street, County Road 70, Hamburg Avenue and Kenrick Avenue. Outdoor storage of land/sea containers and parking of semi-tractor trailers shall not be allowed on required parking spaces, unless the required parking spaces have been deferred pursuant to a development agreement between the property owner and the City as .provided in the Zoning Ordinance. Use of deferredparking spaces shall not be permitted if the Citydeterminesthot deferred parking spaces are necessary to meet the site parking demand. 32300.03 12/11/95 -2- Section 3. Section 2.2 of Ordinance No. 167 is amended by adding the following definitions: 142C) Storage. Outdoor. Storage of any property not fully enclosed in a building or completely screened so as not to be visible from adjoining properties or street right-of-ways. Section 4. Sections 9.15 1), 2), 3) and 4) of Ordinance No. 167 are amended to read as follows: 9.15 Outdoor Storage. 9.15A Outdoor Storage. 1) Outdoor storage shall not be allowed except`as provided in the Zoning Ordinance. The following shall not constitute outdoor storage: a) Clothes tine pole and wires. b) Not more than two (2) recreational vehicles or equipment related to recreational vehicles in residential districts. c) Construction and landscaping material currently being used on the premises. d) Off-street parking of passenger vehicles and trucks not exceeding a gross weight of 12,000 pounds in residential districts. (Both on and off-street.) e) Within the CBD-I, I-1, and I-2 Districts semi-tractor trailers used for normal freight and cartage in transit for up to one hundred twenty (.120) .consecutive days per calendar year. f) Within the CBD-f, I-1, and I-2 Districts, land/sea containers which are in compliance with Section 9.156 of the Zoning Ordinance. Section 5. Section 9.15 5) of Ordinance No. 167 is amended by changing the section number to Section 9.15A 2). Section 6. Section 9.15 6) of Ordinance No. 167 is amended. to read as follows:. 3) Outdoor storage within the I-1, I-2 and CBD-I Districts shall be an allowed use under the following conditions: 32300.03 12/11/95 -3- a) The outdoor storage area occupies space other than a required front or side yard setback area. b) .The outdoor storage area shall be fenced, screened. and/or landscaped according to a plan in compliance with Section 9.7 of this Ordinance and approved-by the Zoning Administrator and a landscape guaranty as determined by the Zoning Administrator is provided. c) If abutting a Residential District, the outdoor storage area .shall be screened and landscaped according to a plan in compliance with. Section 9.7 of this Ordinance and -approved by the Zoning Administrator and a Landscape guaranty as determined by the Zoning Administrator is provided. d) The outdoor storage .area is grassed. or surfaced to control dust. e) All ligfiting 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 9.9 of the Zoning Ordinance. f) The outdoor storage area shall not encroach upon required parking space or .required loading space as required by the Zoning Ordinance.. g) The property stored shall. not include any waste, except as provided in Section 9.17 of the Zoning Ordinance. h) Theoutdoor storage areashall not encroach into the required rear yard or side yard setback area if abutting a .Residential District. Section 7. Section 9.15 of Ordinance No. 167 is amended by adding a new Section 9.15A 4) to read. as follows: 9.15A 4) Existing Outdoor Storage. a) Compliance Date. In I-1, 1-2, and CBD-I Districts, outdoor storage existing on the effective date of this Ordinance shall comply with Section 9.15A 3) and Section 9.7 3) no later than June 1, 1999, if the property upon which the outdoor storage is located abuts a Residential District, Cedar. Avenue 1County Road 23), County Road 50, 215th Street, County Road 70, Hamburg Avenue. and Kenrick Avenue. 32300.03 12/ 11 /95 -4- Section 8. Section 9.15 7) of Ordinance No. 167 is amended by changing the section number to Section 9.15A 5). Section 9. Section 9.7 1) of Ordinance No. 167 is amended to read. as follows: 9.7 Reauired Screening and Landscaping. 1) Screening and Landscaping. Where any business or industrial use (i.e., structure, parking or storage) abuts property zoned for residential use, such .business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business or .industry is across the street from a residential zone, but .not on that side of a business or industry considered to be the front (as determined by the Building Official). All the screening specifically required by the Zoning Ordinance shall be subject to Section 9.8 and shall consist of a green belt strip as provided for below. Section 10. Section 9.7.1) b) of Ordinance No. 167 is amended to read as follows: b} A fence may also be installed, but not in lieu of the green belt. The fence shall be constructed of masonry., brick, wood or metal. Such fence shall provide a solid screening effect and shall be a minimum of six {6} feet in height but shall not exceed eight {8) feet in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the City Council. Fences in excess of eight 18) feet in height shall require approval of the Zoning Administrator and Building Official Section 11. Section 9.7 of Ordinance No. 167 is amended by adding .subparagraph 9.7 2) a) to read as follows: 9.7 2) a) Landscapina of Existing Industrial Uses. In the "I-1 Limited Industrial District and "I-2", General Industrial District, property on which a building has been constructed, and semi-tractor trailers are visible from Hamburg Avenus, Cedar Avenue,. County Road 50, County Road 70, 215th Street and Kenrick Avenue shall be landscaped according to a landscape plan approved by the Zoning Administrator along all lot lines necessary to provide screening from the above streets. The landscape requirements shall be deciduous trees not less than five feet in height or coniferous trees not less than 24" in height planted not more than 20 feet apart. Property on which a building has been constructed prior to the effective date of the Zoning Ordinance must be brought into compliance by June 1, 1999.. 32300.03 12/11/95 -5- Section 12. Section 41.3 of Ordinance No. 167 is amended by adding subparagraph 2 to read as follows: 2) Outdoor storage and parking of land/sea containers and semi-tractor trailers as provided in .Section 9.15 of the Zoning Ordinance. Section 13. Section 42.3 2) of Ordinance No. 167 is amended to read as follows: 2) Outdoor storage and parking of land/sea containers .and semi-tractor trailers as provided in Section 9.15 of the Zoning Ordinance. Section 14. Section .11.14 of Ordinance No. 167 is amended by adding a section to read as follows: 11.14 4) Exception. In the CBD-I, I-1, I-2 Districts, recycling receptacles do not have to be enclosed or screened, but shall be located in the side or rear yard and comply with setback requirements and shall not contain any putrescible material Section 15. Penalty. Any person who violates a provision of this Ordinance is guilty of a misdemeanor. Section 16. This ordinance shall be effective following its passage and publication. ADOPTED this 18th day of December , 199 5 , by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY: uane R. Zaun, or ATTEST: ~i.~ . Charlene Friedges, C' Clerk 32300.03 12/ 11 /95 -6- PUBLIC NOTICE ORDINANCE NO. 565 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE NO. 167, THE ZONING ORDINANCE CONCERNING STORAGE OR PARKING OF LAND/SEA CONTAINERS AND SEMI - TRACTOR TRAILERS IN THE I-1, I-2 AND CBD -I ZONING DISTRICTS AND ESTABLISHING OUTDOOR STORAGE AND SCREENING REQUIREMENTS. THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 2.2 of Ordinance No. 167 is amended by adding the following definitions: 84A) Land/Sea Containers. Fully enclosed metal or other prefabricated material structures, containers, holders, or receptacles greater than five (5) feet in length with an opening for access, which niay or may not have a door attached, and which are used for purposes of, but not limited to, storage, transporta- tion of freight, or holding for sale or lease. 146A) Trailer, Construction. A trailer temporarily located on a construction site for storage of equipment and other materials used in con- nection with development of property. 146B) Trailer. Semi -tractor, A trailer with a set or sets of wheels at the rear only, which may be supported in front by a truck, tractor or towing vehicle, and which is used for the purpose of, but not limited to, storage, trans- portation of freight, or holding freight for sale or lease. Section 2. Section 9 of Ordinance No. 167 is amended by adding Section 9.15B to read as fol- lows: 9.15B Outdoor Storage of Land/Sea Containers or Parking of Semi -Tractor Trailers. 1) Non -Conforming Use. Outdoor storage of land/sea containers or semi -tractor trailers shall be brought into compliance with this Ordinance or shall be removed by June 1, 1996. 2) Accessory Use. Outdoor storage and parking of land/sea containers and semi -tractor trail- ers shall be allowed only in Districts where such use is listed as an accessory use. Any other outdoor storage of land/sea containers and semi -tractor trailers is prohibited. 3) Exemption. The prohibition against outdoor storage of semi -tractor trailers provided in this section does not apply to: a) parking of semi -tractor trailers for a pe- riod of up to one hundred twenty (120) consecutive days per calendar year for the normal freight and cartage in transit; — unuer At. section 396.17. 6) Surface. All land/sea containers and semi - tractor trailers used for outdoor storage shall be parked on a concrete, bituminous, 100% crushed rock 1.5 inch (minus), or crushed concrete surface. 7) Location. Land/sea containers shall not be stored and semi -tractor trailers shall not be parked in the required front yard setback area or in a required side yard setback area abutting a Residential District, Cedar Av- enue (County Road 23), County Road 50, 215th Street, County Road 70, Hamburg Avenue and Kenrick Avenue. Outdoor stor- age of land/sea containers and parking of semi -tractor trailers shall not be allowed on required parking spaces, unless the required parking spaces have been deferred pursuant to a development property owner an the Zoning Ordinal ing spaces shall n.' determines that df necessary to meet Section 3. Section 2. amended by adding the f 142C) Storage Outdoor not fully enclosed i screened so as not ing properties or s Section 4. Sections Ordinance No. 167 are an 9.15 Outdoor Storage. 9.15A Outdoor Storage. 1) Outdoor storage sl as provided in the following shall not age: a) Clothes line pol b) Not more than hicles or equipm vehicles in resic c) Construction ai currently being d) Off-street parki and trucks not . of 12,000 pound (Both on and aft e) Within the CBE semi -tractor tr freight and carte hundred twenty per calendar yet f) Within the CBD land/sea contain ance with Secti Ordinance. Section Section 9.11 is amended by changing Section 9.15A 2). Section 6. Section 9.1( is amended to read as foll 3) Outdoorstoragewil I Districts shall be following condition a) The outdoor sto, other than a req setback area. b) The outdoor stor screened and/or a plan in cornpli this Ordinance a ing Administrate anty as determin istrat6r is provid c) If abutting a R outdoor storage w,aete', ux&LCpt. as�l of the Zoning Ord h) The outdoor stor. croach into the re) yard setback area tial District. Section 7. Section 9.15 amended by adding a new S as follows: 9.15A 4) Existing Outdoor Sb a) Compliance Date. Districts, outdoor effective date ofth ply with Section 9 3) no later than Jt erty upon which located abuts a R. ■a W 101 sue aoove matter: $14.80 per column inch. (3) Rate actually charged for the above matter: $8.52 per column inch, 1st week and $8.10 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 publisher of the newspaper known as Lakeville Life & Times, and has full know- ledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting quali- fications 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 565 which is attached was cut from the col- umns of said newspaper, and was printed and published once on Saturday, the 23rd day of December , 1995; 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 publication of the notice: abcdefghijklmnopqrstuvwxyz BY: TITLE: Publisher Subscribed and sworn to before me on this 26th day of Notary Public December , 1995. ✓vvvvvv wvvwvv BARBARAJ.GROSBERG NOTARY PUBLIC- X INI ES NESOTA0 MY COMMISSION