A.   Title: This title shall be known as the LAKEVILLE ZONING ORDINANCE except as referred to herein, where it shall be known as "this title".

   B.   Intent And Purpose: The intent of this title is to protect the public health, safety and general welfare of the community and its people through the establishment of minimum regulations in regard to the location, erection, construction, alteration and use of structures and land. Such regulations are established to protect such use areas; to promote orderly development and redevelopment; to provide adequate light, air and convenience of access to property; to prevent congestion in the public right of way; to prevent overcrowding of land and undue concentration of structures by regulating land, building, yards and density of population; to provide for compatibility of different land uses; to provide for administration of this title; to provide for amendments; to prescribe penalties for violation of such regulations; and to define powers and duties of the city staff, the board of adjustment and appeals, the planning commission, and the city council in relation to this title.

   C.   Relation To The City's Comprehensive Plan: Pursuant to Minnesota statutes 473.858, as may be amended, and city policy, the city's adopted comprehensive plan shall serve as the basis upon which land use and development shall be regulated. This title shall not conflict with and shall be based upon and implement the city's comprehensive plan.

   D.   Standard, Requirement: Where the conditions imposed by any provision of this title are either more or less restrictive than comparable conditions imposed by other ordinance, rule or regulation of the city, the ordinance, rule or regulation which imposes the more restrictive condition, standard, or requirement shall prevail.

   E.   Application: The provisions of this title shall be the minimum requirements for the promotion of the public health, safety and welfare. (Ord. 674, sec. 1, 7-17-2000)

No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this title. (Ord. 674, sec. 1, 7-17-2000)

Except as herein provided, no building, structure or premises shall hereafter be used or occupied and no building permit shall be granted that does not conform to the requirements of this title. (Ord. 674, sec. 1, 7-17-2000)

For the purpose of this title, all international, federal, state, county and other official monuments, bench marks, triangulation points, and stations shall be preserved in their precise locations; and it shall be the responsibility of the applicant to ensure that these markers are maintained in good condition during and following construction and development. All section, one- quarter section and one-sixteenth section corners shall be duly described and tied. (Ord. 674, sec. 1, 7-17-2000)

Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such cases the city council or the planning commission, on their own initiative or upon request, may conduct a study to determine if the use is acceptable and if so what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the use. The city council, planning commission or property owner, upon receipt of the study shall, if appropriate, initiate an amendment to this zoning title to provide for the particular use under consideration or shall find that the use is not compatible for development within the city. (Ord. 674, sec. 1, 7-17-2000)

It is hereby declared to be the intention of the city that the several provisions of this title are separable in accordance with the following:

   A.   If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any other provisions of this title not specifically included in said judgment.

   B.   If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment. (Ord. 674, sec. 1, 7-17-2000)

This title is enacted pursuant to the authority granted by the municipal planning act, Minnesota statutes sections 462.351 to 462.363. (Ord. 674, sec. 1, 7-17-2000)

The council intends this title to be a comprehensive revision to title 11 of this code which existed prior to this ordinance 674. Any act done, offense committed, rights accruing or accrued, liability, or penalty incurred or imposed prior to the effective date of this title is not affected by its enactment. (Ord. 674, sec. 1, 7-17-2000)

Pursuant to authority granted by Minnesota statutes section 462.3593, subdivision 9, the city of Lakeville opts out of the requirements of Minnesota statutes section 462.3593. (Ord. 967, 8-1-2016)

   A.   Fees and charges, as well as expenses incurred by the City for engineering, planning, attorney, and other services related to the processing of applications required by this title, as well as for public hearings, special meetings, or other such City Council or Planning Commission actions as are necessary to process applications, shall be adopted by ordinance with the city fee schedule.

   B.   Escrow: An escrow deposit required for the processing of applications required by this title shall be used for payment of all costs incurred for City in the processing of an application required by this title:

      1.   All costs incurred for City staff and consultants directly related to processing of an application required by this title including preparation of reports or studies, attendance at staff or public meetings, and any other expenses incurred with processing of an application.

      2.   The property owner shall reimburse the escrow account for any deficits caused if the amount actually expended by or billed to the City exceeds the fund balance.

      3.   The City shall refund any amount deposited in the escrow account not expended within ninety (90) calendar days after final action on the application.

   C.   Fees, charges, and estimated expenses for the processing of a development application required by this title shall be collected prior to City action on any application. The fees shall be deposited in City accounts. The applicant shall not be paid interest on the fees required by this section.

   D.   All fees and expenses incurred by the City are to be paid whether the application is approved or denied.

   E.   The owner of the property subject to the application required by this title shall be responsible for all costs incurred by the City in processing the application and enforcing the terms of any agreements relating to the application in accordance with Minnesota Statutes Chapter 462.353, Subd. 4a.

   F.   Unpaid expenses:

      1.   All unpaid expenses incurred by the City under the City Code not covered by the escrow will be charged against the property subject to the application and will be the responsibility of the property owner pursuant to Minnesota Statutes Chapter 462.353.

      2.   The property owner shall be invoiced for the City's costs to where property tax statements are sent by the County to be paid within thirty (30) days of the date of the invoice.

      3.   Should the property owner not reimburse the City as required by this section, the City shall be authorized to take any action authorized by law to recover the costs and fees, including recording a lien against real estate that is the subject of the application pursuant to Section 514.67 of Minnesota Statutes, for any of the aforementioned unpaid fees and services.

(Ord. 1015, 8-5-2019)