The purpose of this chapter is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. (Ord. 674, sec. 1, 7-17-2000)

   A.   Except as may be expressly allowed by this title, no garage, tent, accessory building or motor home shall at any time be used as living quarters, temporarily or permanently. Tents, playhouses or similar structures may be used for play or recreational purposes.

   B.   Basements and cellars may be used as living quarters or rooms as a portion of the principal residential dwelling.

   C.   By an interim use permit, subject to the requirements of chapter 5 of this title, in all zoning districts "self-contained motor homes", as defined by Minnesota statutes, may be used as temporary living quarters for construction workers working on the same site, provided:

      1.   The construction site is at least five (5) acres in size.

      2.   The construction project does not include the construction of single-family homes or a subdivision.

      3.   No more than five (5) self-contained motor homes are used.

      4.   Motor homes do not remain on the property more than one hundred twenty (120) days.

      5.   There are no more than four (4) occupants per unit. (Ord. 674, sec. 1, 7-17-2000)

   A.   Any person desiring to improve property shall submit to the building official a survey of said premises and information on the location and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments, and any other information which may be necessary to ensure conformance to city ordinances.

   B.   All buildings shall be placed so that they will not obstruct future public streets which may be constructed in conformity with existing streets and according to the system and standards employed by the city.

   C.   Except in the case of a planned unit development as provided for in chapter 96 of this title or as specifically allowed and stated in a respective zoning district, not more than one principal building shall be located on a lot. The words "principal building" shall be given their common, ordinary meaning as defined in section 11-2-3 of this title. In case of doubt or on any questions or interpretation the decision of the zoning administrator shall be final, subject to the right to appeal to the board of adjustment and appeals.

   D.   On a through lot, both street lines shall be front lot lines for applying the yard setback regulations of this title except in the case of a buffer yard fence or accessory building. In addition, no home on a through lot or corner lot in any residential zone shall be allowed direct access to any major collector or arterial street designated as such by the comprehensive plan, except as may be permitted by the city engineer.

   E.   In the case of properties which abut street easements, applicable setbacks shall be measured from the easement line and shall be related to roadway classification as identified in the Lakeville comprehensive plan, transportation plan, and subdivision ordinance 1 .

   F.   Outlots are deemed unbuildable and no building permit shall be issued for such properties, except in the case of public park facilities and essential services.

   G.   Lot Frontage and Access:

   A.   Permit Applicants: No person or political subdivision shall commence a land disturbing activity or create new impervious surface without first obtaining a permit from the city that incorporates and approves a storm water pollution prevention plan (SWPPP) for the activity, development or redevelopment. For sites disturbing less than one acre, an erosion and sediment control plan may be submitted as part of the building permit application. (Ord. 848, sec. 1, 11-17-2008)

   B.   Development Not Permitted: No land shall be developed and no use shall be permitted that results in water runoff causing flooding, erosion, or deposit of sediment on adjacent properties. Such runoff shall be properly channeled into a storm drain, watercourse, stormwater basin, or other public facilities subject to the review and approval of the city engineer. (Ord. 848, sec. 1, 11-17-2008; amd. Ord. 866, sec. 10, 5-17-2010)

   C.   Standards: Erosion and sediment controls shall meet the standards for the general permit authorization to discharge stormwater associated with construction activity under the national pollutant discharge elimination system/state disposal system permit program permit MN R100001 (NPDES general construction permit) issued by the Minnesota pollution control agency, as amended. Final stabilization of the site must be completed in accordance with NPDES general construction permit requirements. (Ord. 848, sec. 1, 11-17-2008)

   D.   City Engineer Approval:

      1.   In the case of all single-family lots, multiple-family lots, business, industrial and institutional developments, the drainage and erosion control plans shall be subject to the engineer's written approval.

      2.   No modification in grade and drainage flow through fill, cuts, erection of retaining walls or other such actions shall be permitted until such plans have been reviewed and received written approval from the city engineer.

      3.   Prior to the release of the required grading security, an as built certificate of survey shall be submitted to verify that the final as built grades and elevations of the lot and building setbacks are consistent with the approved grading plan for the development and amendments as approved by the city engineer and that all required property monuments are in place. (Ord. 867, sec. 25, 5-17-2010)

   E.   Approval Of Erosion Control Measures: Proposed erosion control measures may be approved by the city engineer as part of grading plan review. Erosion control may be specified by the city engineer as part of a site survey for individual building permits. Erosion and sediment control measures shall be consistent with best management practices (BMPs) for erosion and sedimentation control as specified in the "Minnesota Stormwater Manual" (MPCA 2005), as amended, and shall be sufficient to retain sediment on site. Erosion control measures may also be specified by the city engineer as needed and deemed appropriate during the construction and postconstruction periods separate from the above.

   F.   Storm Sewer Inlets: All storm sewer inlets which are functioning during construction shall be protected so that sediment laden water does not enter the conveyance system without first being filtered or otherwise treated to remove sediment.

   G.   Stormwater Channels: All on site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow from a 10-year frequency storm without erosion. Erosion controls must be provided at the outlets of all storm sewer pipes.

   H.   Sediment Control Practices: All temporary erosion and sediment controls shall be installed on all down gradient perimeters before commencing the land disturbing activity, and left in place and maintained as needed until removed per city approval after the site had been stabilized. All permanent erosion control measures shall be installed and operational per the design and as required by the city.

   I.   Tracking: Each site shall have rock construction entrance, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday or more often if necessary to maintain the road in safe driving condition.

   J.   Seeding: All disturbed ground left inactive for seven (7) or more days shall be stabilized by seeding or sodding or by mulching or covering or other equivalent control measure.

   K.   Sites More Than One Acre Not Graded: If the activity creates more than one acre of disturbed area, and the activity is taking place on a site where soils are currently disturbed (e.g., a tilled agricultural site that is being developed), areas that will not be graded as part of the development and areas that will not be stabilized according to the time frames specified in the NPDES general construction permit part IV.B.S, shall be seeded with a temporary or permanent cover before commencing the proposed land disturbing activity.

   L.   Removal: All temporary erosion control devices including silt fence, gravel, hay bales or other measures shall be removed from the construction site and properly disposed of or recycled. This removal and disposal must occur within thirty (30) days of the establishment of permanent vegetative cover on the disturbed area.

   M.   Site Dewatering: Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocyclones, swirl concentrators or other appropriate controls as appropriate. Water may not be discharged in a manner that causes erosion or flooding of the site or receiving channels of a wetland. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. Minnesota department of natural resources regulations regarding appropriate permits shall also be strictly adhered to.

   N.   Waste And Material Disposal: All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be properly disposed of off site and not allowed to be carried by runoff into a receiving channel or storm sewer system.

   O.   Foundation, Garage Floor: Unless approved by the city engineer, the top of the foundation and garage floor of all structures shall be at least eighteen inches (18") above the grade of the crown of the street.

   P.   Stop Work Order: The city's building official or city engineer may issue stop work orders for any violation of this title. (Ord. 848, sec. 1, 11-17-2008)

Properties within subwatersheds CL-7, CL-9, CL-10, and CL-11, as identified in the water resources management plan, as may be amended, shall be limited to seventy percent (70%) impervious surface coverage. (Ord. 867, sec. 26, 5-17-2010)

Properties within the South Creek stormwater district shall maintain and preserve a protective buffer of nondeveloped vegetated upland area within which no grading or altering of the natural vegetation is allowed except that required to provide for public trail construction. The protective buffer shall extend a minimum of fifty feet (50') from the center of the South Creek stream channel at all locations consistent with the South Creek management plan, as adopted and as may be amended by the city. (Ord. 674, sec. 1, 7-17-2000)

   A.   Wetland Application: Every applicant for a grading permit to allow wetland disturbing activities must submit a report to the environmental resources coordinator. No grading permit to allow wetland disturbing activities shall be issued until approval of the wetland replacement plan application or a certificate of exemption has been obtained in strict conformance with the provisions of this title and the Minnesota wetland conservation act. This section applies to all land, public or private, located within the city.

   B.   Wetland Management Plan: Utilization and development impacts to wetlands shall be consistent with the city's wetland management plan.

   C.   Impacts To Wetland:

      1.   Protective Buffer: A protective buffer of natural vegetation shall surround all wetlands within areas developed or redeveloped after March 17, 2003, in accordance with the following provisions:

         a.   Minimum Width: The buffer shall have a minimum width from the delineated edge of the wetland at the time of development based upon the wetland classification defined by the wetland management plan as follows:

 

         b.   Average Width: The width of the buffer may be averaged provided that a minimum buffer width is maintained equal to one- half (1/2) the required buffer or seventeen feet (17'), whichever is greater.

         c.   Public Trails And Sidewalks: Public trails and sidewalks that are a maximum of ten feet (10') in width can be included within the buffer provided the designated width is maintained.

         d.   Outlot Plat: The wetland and buffer shall be platted as an outlot if established as part of a subdivision application. All other applications shall require dedication of a conservation easement.

         e.   Exception: Property owned by the city of Lakeville shall be exempt from establishing an outlot or conservation easement for required buffer areas.

      2.   Building Setback:

         a.   For properties developed or redeveloped after March 17, 2003, a building setback of ten feet (10') for a side yard and twenty feet (20') for a rear yard shall be provided from the delineated edge of all required wetland buffers at the time of development.

         b.   A building setback of thirty three feet (33') shall exist from the delineated edge of all wetlands at the time of development within areas developed or redeveloped between July 17, 2000, and March 17, 2003. (Ord. 730, sec. 5, 3-17-2003)

   A.   Screening; Obstruction Of View: Except as may be approved by the zoning administrator, and except for a governmental agency for the purpose of screening, no wall, fence, structure, tree, shrub, vegetation or other obstruction shall be placed on or extend into a yard or right of way area so as to pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from any street or driveway.

   B.   Visibility From Street Or Driveway: Visibility from any street or driveway shall be unobstructed above a height of three feet (3'), measured from where both street or driveway centerlines intersect within the triangle described as beginning at the intersection of the projected curb line (or edge of shoulders for rural sections) of two (2) intersecting streets or drives, thence forty five feet (45') along one curb line, thence diagonally to a point forty five feet (45') from the point of beginning along the other curb line.

   C.   Exceptions:

      1.   Trees, plantings or landscape arrangements within the area described by this section that will not create a total obstruction higher than three feet (3') shall be allowed.

      2.   Properties within the C-CBD district shall be exempt from the provisions of subsection B of this section. (Ord. 867, sec. 27, 5-17-2010)

Exterior use of lighting systems shall conform to the following provisions to reduce light pollution:

   A.   Intensity:

      1.   The cumulative light cast by all lights on the property shall not exceed one hundred fifteen (115) foot-candles at ground level measured at any point on the property.

      2.   No light source or combination thereof which casts light on a public street shall exceed one foot-candle meter reading as measured at the right of way or property line.

   B.   Commercial, Industrial And Institutional Uses: Any lighting used to illuminate an off street parking area, structure, or area shall be arranged so as to deflect light away from any adjoining property or from any public right of way in accordance with the following provisions:

      1.   Shielding:

         a.   The light fixture shall contain a cutoff which directs the light at an angle of ninety degrees (90°) or less.

         b.   For light fixtures located within thirty feet (30') of residential zoned property, additional shielding shall be required on the property line side of the fixture below the ninety degree (90°) cutoff to direct light away from the residential property.

         c.   Lighting of entire facades of a building shall only utilize illuminating devices mounted on top and facing downward onto the structure.

         d.   The following shall be exempt from the shielding requirements established by subsections B1a to B1c of this section.

            (1)   Internally illuminated signs and signs with electronic displays as may be allowed by chapter 23 of this title.

            (2)   Light fixtures used to illuminate outdoor recreation areas subject to approval of an interim use permit.

      2.   Searchlights: The use of searchlights, with incandescent lights only, shall require an administrative permit and shall be limited to not more than two (2) events per calendar year. During any one event, the use of searchlights shall be limited to five (5) days consecutively and shall only be used during business hours.

   C.   Height:

      1.   The maximum height above the ground grade permitted for poles, fixtures, and light sources mounted on a pole shall be thirty five feet (35').

      2.   A light source mounted on a building shall not exceed the height of the building.

   D.   Location: Except for building mounted fixtures within the C-CBD district, all outdoor light sources shall be set back a minimum of ten feet (10') from a public right of way and five feet (5') from an interior side or rear lot line.

   E.   Glare: Direct or reflected glare from high temperature processes such as combustion or welding shall not be visible from any adjoining property.

   F.   Exceptions: The provisions of this section shall not apply to the following:

      1.   Temporary outdoor lighting used during customary holiday seasons or civic celebrations.

      2.   Lighting required by a government agency for the safe operation of airplanes, or security lighting required on government buildings, structures, facilities or public right of way.

      3.   Emergency lighting by police, fire, and rescue authorities.

      4.   Illumination of United States, Minnesota or other flags with noncommercial speech.

      5.   Public parks, trails and recreational facilities, city of Lakeville, ISD 192, ISD 194 and ISD 196 only.

      6.   Exterior lighting required for and incidental to airport operations.

   G.   Prohibitions: The following outdoor lights are prohibited:

      1.   Laser, strobe or flashing lights.

      2.   Bare light bulbs shall not be permitted in view of adjacent property or public right of way, unless part of a permanent fixture. (Ord. 867, sec. 28, 5-17-2010; amd. Ord. 1047, 6-7-2021)

The emission of smoke by any use shall be in compliance with and regulated by the state of Minnesota pollution control standards, Minnesota regulations APC 7017. (Ord. 674, sec. 1, 7-17-2000)

The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the state of Minnesota pollution control standards, Minnesota regulations APC 7011. (Ord. 674, sec. 1, 7-17-2000)

The emission of air pollution, including potentially hazardous emissions, by any use shall be in compliance with and regulated by Minnesota statutes 116, as may be amended. (Ord. 674, sec. 1, 7-17-2000)

Noises emanating from any use shall be in compliance with and regulated by the Minnesota pollution control agency in accordance with Minnesota statutes and rules, but in no case shall noise emanations constitute a nuisance as defined and regulated by this code. (Ord. 897, 12-3-2012)

All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with county, state, and federal agency requirements, and have documents from those respective agencies stating the use is in compliance. (Ord. 674, sec. 1, 7-17-2000)

   A.   All waste generated shall be disposed in a manner consistent with all Minnesota pollution control agency rules.

   B.   Any accumulation of waste generated on any premises not stored in containers which comply with title 4, chapter 2 of this code and Minnesota pollution control agency rules, or any accumulation of mixed municipal solid waste generated on any premises which has remained thereon for more than one week, or any accumulation of infectious, nuclear, pathological, or hazardous waste which is not stored and disposed in a manner consistent with Minnesota pollution control agency rules is a nuisance and may be abated and the cost of abatement may be assessed against the property where the nuisance is found.

   C.   The accumulation, storage, processing, and disposal of waste on any premises, which is not generated on that premises, is prohibited, except as specifically provided in this title. (Ord. 674, sec. 1, 7-17-2000)