HomeMy WebLinkAbout5A Section 1101 Draft
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SUBSECTIONS
1101.100:
1101.200:
1101.300:
1101.400:
1101.500:
1101.600:
1101.700:
1101.800:
1101.900:
1101.1000:
1101.1100:
SECTION 1101
GENERAL PROVISION
Purpose and Intent
Overview
Rules of Construction
Definitions
General Provisions
Districts Established
Zoning Map
Boundaries
Uses Not Listed
Land Use Descriptions
Motorcycles
1101.100:
1101.101
1101.102
PURPOSE AND INTENT:
Title. This Ordinance shall be known, cited and referred to as the Prior Lake
Zoning Ordinance, except, when referred to herein, it shall be known as "this
Ordinance" .
FindinQs and Purpose. The City Council of the City of Prior Lake, Minnesota,
finds it necessary to accomplish the following:
(1 )
Protect the residential, business, industrial and public areas of the community and
maintain their stability.
(2)
Promote the most appropriate and orderly development of the residential,
business, industrial, public land and public areas.
(3)
(4)
(5)
Provide adequate light, air and convenient access to property.
Limit congestion in the public rights-of-way.
Prevent over crowding of land and undue concentration of structures and
population by regulating the use of land and buildings and the bulk of buildings in
relation to the land surrounding them.
(6)
Provide for compatibility of different land uses by segregating, controlling and
regulating unavoidable nuisance producing uses.
May /. /999
City (If Prior Lake
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(7) Require that development proceed according to the goals and policies established
in the City's Comprehensive Plan.
(8) Maintain a tax base necessary to promote the economic welfare of the City by
insuring optimum values for property in the City.
(9) Enhance the aesthetic character and appearance of the City.
(10) Conserve natural resources and environmental assets of the community.
(11) Provide adequate off-street parking and loading facilities.
(12) Provide effective administration of this Ordinance and any futu re amendments to
this Ordinance and prescribe penalties for the violation of its requirements.
(13) Establish a continuing system of review of this Ordinance to insure it will be
amended to meet changing needs of the community and advances in science and
technology.
1101.103 To implement these findings, the City Council, through this Ordinance, establishes
minimum requirements to protect the public health, safety, morals, comfort,
convenience and general welfare of the people. This Ordinance shall divide the
City into use districts and establish regulations which control the location, erection,
construction, reconstruction, alteration and use of structures and land.
1101.200: OVERVIEW OF THIS ZONING ORDINANCE: This Ordinance provides for the
classification and regulation of uses and structures within the City. The
classifications and regulations are intended to effectuate the goals and policies of
the City's Comprehensive Plan, to assure for the orderly and efficient growth within
the City and promote the general health, welfare, and safety of the community and
its residents. Every person owning property, living in, or involved in a business in
the City is presumed to know the provisions of this Ordinance.
1101.201 This Ordinance is divided into various subsections many of which interrelate with
other subsections of the Ordinance. The Ordinance provides for rules governing
how the various provisions are to be interpreted and how to reconcile what may
appear to be conflicts between Sections.
1101.202 This Ordinance divides the City into 12 Use Districts. Within each Use District
certain uses of land are either permitted, permitted with conditions or permitted by
conditional use permit. The Ordinance also allows for certain uses on a temporary
basis and subject to certain conditions. If a particular use is not listed in a Use
District it is prohibited. The Ordinance provides a process to evaluate functionally
similar uses to determine whether they also are allowed in a Use District.
1101.203
In addition to classifying uses and prescribing which Use Districts they may be
allowed in, this Ordinance establishes performance standards and dimensional
standards for particular uses. Performance standards are such things as lighting,
bufferyard and landscaping standards and restrictions on noise and hours of
operation. Dimensional standards are such things as setbacks, minimum lot size
and height restrictions.. .
City "l Prior Lake
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May /. /999
Comment [j1]: Valiances al"e not
applicable to perfonnance standards so
remove sentence.
Deleted: These standards may be
subject to variances if certain criteria
aremet.ll
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1101.204
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1101.205
The Ordinance provides for procedures and processes that must be followed in
connection with obtaining a Conditional Use Permit, variance, building permit,
ordinance interpretation and activities which require any other permit from the City;
for example, home occupations.
There is also a process whereby an aggrieved party within a specified radius,
which includes the City Staff, may appeal a decision of the Planning Commission,
Board of Adjustment or Zoning Administrator and also procedures to request an
amendment to the City's Comprehensive Plan and Zoning Ordinance. Wherever
possible, any costs associated with these processes and procedures are to be
born by the applicant.
1101.206
Any person who violates any provision of this Ordinance is subject to any of the
following enforcement tools: criminal prosecution, civil penalties imposed by the
City Councilor equitable remedies available by law. Any costs incurred by the City
in enforcing any provision of this Ordinance shall constitute damages incurred by
the City and shall be recovered throuoh a iudicial proceedino or bv assessino said
damaoes aoainst the propertvJn :1 court of compotont jurisdiction.
1101.207 The City Council shall annually establish by resolution fees for land use
applications, reviews and processes.
1101.300: RULES OF CONSTRUCTION: The following rules of construction govern the
interpretation of the language of this Ordinance:
(1) The singular includes the plural and the plural the singular.
(2) The present tense includes the past and future tenses and the future includes the
present.
(3) The word "shall" is mandatory, and the word "may" is permissive.
(4) Whenever a word or term which is defined in this Ordinance appears in the text of
this Ordinance, its meaning shall be that stated in subsections 1101.400 and
1101.1000. Words or terms which are not defined in this Ordinance shall have
their ordinary and usual meaning at the time the word or term is being applied to a
zoning question or situation. General words are construed to be restricted in their
meaning by preceding particular words.
1101.301 Interpretation. The following rules apply to determine the boundaries of a zoning
district or the status of a land use:
(1) Use District Boundaries
a. In determining the location of Use District boundaries, the Zoning
Administrator shall consider the provisions of subsection 1101.800. If these
provisions are not applicable and distances and dimensions are not labeled, the
Zoning Administrator shall determine the location of the line by scaling from the
official copy of the Zoning Map.
City IIf Prior Lake
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May /. /999
Comment [j2]: This topic is covered
in the Nonconforming section. We don't
really need this here.
Deleted: Any use of land or structure
which lawfully existed on May 1,
1999, the date this Ordinance was
adopted, may continue as a lawful
non-conforming use or structure.
subject to conditions
( Formatted: Strikethrough
b. If a Use District boundary line passes through a building or structure, the
boundary line shall be adjusted so that the line falls outside of the building or
structure at a location most compatible with the purpose and intent of this
Ordinance.
(2) Land Use. The only uses which can be made of property are those uses listed in
the district and these are permitted only in the manner described by this
Ordinance.
I 1101.302 Appeal of Zoninq Administration Decisions. Any decision of the Zoning
Administrator determining zoning district boundaries or permitted land uses may be
appealed to the Board of Adjustment under the provisions of subsection 1109.300.
1101.303 Timinq. Where the performance or doing of any act, duty, matter, payment or
thing is ordered or directed and the period of time or duration for the performance
or doing thereof is described and fixed by this Ordinance, the time shall be
computed so as to exclude the first and include the last day of the prescribed or
fixed period or duration of time. When the last day of the period falls on Saturday,
Sunday, or a legal holiday, that day shall be omitted from the computation. The
period shall be based on total calander days.
When an application, payment, drawing, contract or other document is to be
delivered to or filed with any department of the City or other unit of government on
or before a prescribed date and the prescribed date falls on a Saturday, Sunday,
or legal holiday, it is timely delivered or filed if it is delivered or filed on the next
succeeding day which is not a Saturday, Sunday, or legal holiday. The period shall
be based on total calander days.
11101.304
Effect. .Tho objoct _ of 311 intorpret3tion 3nd com:truction of thi€: Orclimnco is t9
3ccort3in 3nd offoctu3to tho intontion of tho City Council. This Ordinance shall be
construed, if possible, to give effect to all provisions in this Ordinance. When the
words of this Ordinance in their application to an existing situation are clear and
free from all ambiguity, the letter of this Ordinance shall not be disregarded under
the pretext of pursuing the spirit. When the words of this Ordinance are not
explicit, the followinq factors may be considered: .intontion of tho City Council m3Y
bo 3ccort3inod by considoring, 3mong othor m3ttor€::
;,. The occasion and necessity for the Ordinance or specific provision.
;,. The circumstance under which it was enacted.
;,. The mischief to be remedied.
;,. The object to be attained.
;,. The former Zoning Ordinance.
;,. The consequences of a particular interpretation.
;,. Administrative interpretations of this Ordinance and interpretations by the
Board of Adjustment and the City Council.
In interoretinq this ordinance .3€:cort3ining tho intontion of tho qty Council, the
following presumptions apply:
>-
The City Council did .Gees not irltend _a result thatis absurd, impo~sibLe oI
execution, or unreasonable.
City 0( Prior Lake
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1101.305
1101.306
1101.307
1101.308
1101.309
,.
The City Council intended .iAteRG6 the entir~ Ordinallce to be effective and
certain.
The City Council did .00e6 not int~nd to violat~ the Constitution of the
United States or of the State of Minnesota.
The City Council intended iAteRG6 to favor_the plJbHc interest as againsta_ny
private interest.
,.
,.
Grammar. Grammatical errors shall not destroy the application of this Ordinance.
A transposition of words and clauses may be resorted to when a sentence, as it
stands, is without meaning. Words and phrases which may be necessary to the
proper interpretation of this Ordinance and which do not conflict with its obvious
purpose and intent nor in any way affect its scope in operation, may be added in
the construction thereof.
Provisos. Provisos shall be construed to limit rather than to extend the operation
of the clauses to which they refer. Exceptions expressed in this Ordinance shall be
construed to exclude all others.
Penalties. When a penalty or forfeiture is provided for the violation of this
Ordinance, ,cuch ponalty or forfoituro 8hall ~~ con8truod to bo for oach €Uch
viol3tion. gach day that a vi91ation exists shall constitute a separate violation.
Conflicts. When a general provision of this Ordinance conflicts with a special
provision in this Ordinance, the two shall be construed if possible so that effect
shall be given to both. If the conflict between the two provisions is irreconcilable,
the special provisions shall prevail and shall be construed as an exception to the
general provision unless the general provision was enacted subsequent to the
special provisionpl1d it 8h::!1I bo tho m::!nifoct intontion of tho City Council that €Uch
gonor::!1 provision8 sh::!1I provail.
When several clauses are irreconcilable, the Ordinance clause last in order of date
or position shall prevail. When the provisions of two or more amendments to this
Ordinance passed at different dates are irreconcilable, the amendment latest in
date of final enactment shall prevail.
Reference. Whenever any specific Section is referenced in this Ordinance, the
reference shall include and incorporate any changes, revisions or amendments as
may from time to time be enacted. When a section or part of this Ordinance is
amended, the amendment shall be construed as merging into the original
Ordinance, becoming a part thereof, and replacing the part amended, and the
remainder of the original Ordinance and the amendment shall be read together
and viewed as one Ordinance passed at one time. The portions of the Ordinance
which were not altered by the amendment shall be construed as effective from the
date of the first enactment, and the new provision shall be construed as effective
only from the date when the amendment became effective.
When this Ordinance adopts the provisions of State Statute by reference, it also
adopts by reference any subsequent amendments of that statute .excopt whon the
intont of tho City Council is cloarly to tho contrary. If two or more amendments to
the same provision of this Ordinance are enacted at the same or at different times,
one amendment overlooking and making no reference to the other or others, the
amendments shall be construed together if possible and effect be given to each. If
May J. 1999
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the amendments are irreconcilable, the amendment latest in date of final
enactment shall prevail.
I 1101.310
Diaqrams. Diagrams, where provided, are intended to .aid written text at}d may
not be drawn to scale. Where a conflict exists between a diagram and text, the
text shall prevail.
1101.311 Separability. Provisions in this Ordinance are separable if the following events
occur:
(1) If a court of competent jurisdiction finds any provision of this Ordinance to be
invalid, that judgment shall not affect any other provision of this Ordinance not
specifically included in the judgment.
(2) If a court of competent jurisdiction finds the application of any portion of this
Ordinance to a particular property, building, or other structure invalid, that
judgment shall not affect the application of the provision to any other property,
building or structure not specifically included in the judgment.
(3) If a court of competent jurisdiction finds any individual condition of a Conditional
Use Permit invalid, that judgment shall not invalidate any other condition of the
same Conditional Use Permit not specifically included in such judgment nor shall it
invalidate the application of the same condition in any other Conditional Use
Permit.
1101.312
Jurisdiction and Authority. This Ordinance is enacted under the authority
granted to the City by the State Leqislature in duly codifed State .in tho MinnoE;ota
Statutes. If those statutes are amended to restrict or enlarge the authority
delegated to the City, those amendments shall be deemed to be incorporated into
this Ordinance. This Ordinance governs the use of all land and structures in the
City unless such regulation is specifically preempted by State or federal Statutes or
regulations.
1101.313 Application.
(1) Minimum Requirements. The provisions of this Ordinance are the minimum
requirements for the promotion of the public health, safety, morals and general
welfare.
(2) More Restrictive Applications. Where the conditions imposed by any provision
of this Ordinance are either more or less restrictive than comparable conditions
imposed by any other applicable law, Ordinance or statute of any kind, the law,
Ordinance or statute which is most restrictive or which imposes the higher
standards or requirements shall control.
1101.314 Mixed Use. All regulations applicable to each use in a mixed use development
shall be applicable, except where the mixed use is approved under subsection
1106.600 or where parking is approved under subsection 1107.200.
1101.315
Essential Services. Essential services. as defined bv this Ordinance, shall be
permitted as authorized and regulated by State Statute and Ordinances of the City
of Prior Lake. .Such oE;wntial wrvicoE; arc oxompt from tho application of thi~
Cityof' Prillr Lake
May 1. 1999
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( Deleted: be illustrative only
[ Formatted: Strikethrough
[ Formatted: Strikethrough
Ordinanco oxcopt aE: pormittod by Stato Statuto or E:pocifically regulatod in thiE:
Ordin::mco.
1101.316
Measurement. All measured distance expressed in feet shall be to the nearest
tenth of a foot. The measurement of distances when required by this Ordinance
shall be done in a straight line in the plane located at a point 1 foot above the
highest point in the surface of the ground along the path of measurement, from the
most exterior wall of a building containing the use to the property line of the
adjacent street, district, or lot or other boundary line. If the use is not within a
building, the measurement shall be the shortest distance from the location of the
use to the property line of the adjacent street, district, or lot or other boundary line.
For lots of record existing on the effective date of this Ordinance, if the parcel
dimensions shown on the recorded plat are smaller than the dimensions shown on
a current survey, the dimensions shown on the plat shall be accepted as correct for
the purpose of determining lot width, lot depth, lot area and setbacks, provided that
the dimensions on the survey have values equal to or greater than 99% of the
dimensions shown on the plat.
1101.400: DEFINITIONS. In addition to the definitions set forth below, subsection 1101.1000
defines specific uses as they relate to the Use District where they are permitted.
Abandonment. To cease or discontinue a use or activity for any reason, but
excluding temporary interruptions to the use during periods of building or
remodeling where a valid building permit has been issued or during periods of
routine seasonal closure.
Abutting. Having a common border with, or being separated from such a
common border by an alley.
Access Aisle or Aisle. The traveled way by which vehicles enter and depart
parking spaces.
Accessory Apartment. A permitted independent. subordinate dwellino unit
contained within a sinole family detached dwellino for occupancy only by
immediate familv members or care providers of the occupiers of the principal
structure on the lot.
Accessory Use or Structure. A use or a structure subordinate to the principal
use or structure on the same land and customarily incidental thereto.
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May /. /999
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Alley. A public right-of-way, with a width not exceeding 24 feet nor less than 12
feet which affords a secondary means of access to property abutting the alley.
Alteration. Any change, addition, or modification in construction or occupancy of
an existing structure or modification to the surface of the ground.
Antenna. Any structure or device used for the purpose of collecting or transmitting
electromagnetic waves, including but not limited to directional antennas, such as
panels, microwave dishes, and satellite dishes, and omni-directional antennas,
such as whip antennas.
Basement. That portion of the building having more than 1/2 of the ground f1oor-
to-ceiling height below the average grade of the adjoining ground.
Berm. A land alteration where fill is added to the surface of the ground in order to
create an earthen mound or hill generally used in conjunction with walls, fences, or
plant materials to screen or insulate one parcel of land from another or from a
street.
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Block Front. The distance between intersections along one side of a street.
BluW*, A topographic feature such as a hill, cliff, or embankment having the
following characteristics:
r Part or all of the feature is located in a Shoreland area;
r The slope rises at least 25 feet above the ordinary high water level of
the water body;
:;.. The grade of the slope from the toe of the bluff to a point 25 feet or
more above the ordinary high water level averages 30% or more; and
r The slope must drain toward the water body.
.. An area with an average slope of less than 18% over a distance of 50 feet
or more shall not be considered part of the bluff.,
Toe of the Bluff. The lower point of a 50 foot segment with an average
slope exceeding 18%.
Top of the Bluff. The highest point of the slope, as measured from the toe
of the bluff, where the grade becomes less than 30%.
Bluff Impact Zone. A bluff and land located within 20 feet from the top of a bluff.
May /. /999
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City o{Prior Lake
Deleted: (Amd. Ord 03-18 - pub.
1/24/04).
I .
BLUFF AND BLUFF IMPACT ZONE
Bluff Impact Zone
Bluff (Slope- 30% or Greater)
.....
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Boardinghouse. A building other than a motel or hotel where for compensation or
by prearrangement for definite periods, meals or lodging are provided for 3 or more
persons, but not to exceed 8 persons.
Boathouse. A structure used solely for the storage of boats or boating equipment.
Boat Lift A structure or device, without walls that is designed to lift watercraft
above the level of the public water or ground elevation when not in use. This
definition also includes rail systems or track systems extending from the land bed
to the shore. A boat lift may be designed to include a watercraft canopy..
Boulevard. That portion of a street right-of-way between the curb line and
property line.
Bufferyard. An area of land established to protect and screen one type of land
use from another land use that is incompatible. Normally, the area is landscaped
and kept in open space use. Screening techniques include the addition of vertical
elements such as fences, walls, hedges, berms, or other features to mitigate the
effects of incompatible land uses.
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Building. Any structure having a roof which may provide shelter or enclosure of
persons, animals or chattel.
May /. /999
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City lit" Prillr l.uke
Deleted: (Amd. Ord. 04-19, pub.
OS/29/04)
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Building Face. That portion of the exterior wall of a structure which shall lie in a
vertical plane. Any break in a building face shall be defined by an exterior angle of
at least 210 degrees or a curved portion of such exterior wall which shall have a
central angle of 30 degrees or more.
Building Height. A distance to be measured from the mean curb level along the
front lot line or from the finished grade level for all that portion of the structure
having frontage on a public right-of-way whichever is higher to the top of the
parapet or rooftop equipment, whichever is higher, of a flat roof, to the deck line of
a mansard roof, to a point on the roof directly above the highest wall of a shed
roof; to the uppermost point on a round or other arch type roof; or the mean
distance of the highest gable on a pitched or hip roof.
FLt..T
Caliper Inch. A unit of measurement describing the diameter of a tree measured
4.5 feet above the finished grade level.
Canopy Tree. A deciduous tree planted primarily for its high crown of foliage or
overhead canopy.
Carport. Space for the housing or storage of motor vehicles and enclosed on not
more than 2 sides.
Channel. The natural or artificial depression of perceptible extent along a stream
or drainageway with a definite bed and bank to confine and conduct flowing water
either continuously or periodically.
City. The City of Prior Lake, a municipal corporation, along with its duly authorized
boards, commissions and representatives.
Civil Engineer. A person licensed to practice civil engineering under Minnesota
Statutes 9326.02 to 326.15.
Communications Tower. Any ground or roof mounted pole, spire, structure or
combination thereof including supporter lines, cables, wires, braces and masts,
intended primarily for the purpose of mounting an antenna, meteorological device,
or similar apparatus above ground.
Conditional Use. A specific type of structure or land use which is permitted by
this Ordinance only after an in-depth review procedure set forth in subsection
May /. /999
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Cityof' Prior LlIke
Deleted: (amd. Ord. 00-08 - pub.
6/10/00)
1108.200 and with appropriate conditions or restrictions as provided in this
Ordinance and upon finding that: (1) certain conditions as detailed in this
Ordinance exist; and (2) the structure and land use conform to the Comprehensive
Plan and are compatible with the existing neighborhood.
Condominium. A form of undivided property ownership providinq for individual
ownership of space in a structure toqether with an individual interest in the land
or other parts of the structure in common with other owners_
Conforming Building or Structure. A building or structure which complies with
the height, setback, density and floor area ratio requirements of the district in which
it is located. Included in this definition are structures complying with the flood
proofing and elevation regulations of the Flood Plain overlay district, and structures
complying with the setback and use regulations of the Shoreland overlay district.
Coniferous Tree. A woody plant having foliage on the outermost portion of the
branches year round.
Curb Level. The grade elevation as established by the City at the curb in front of
the center of the building. Where no curb level has been established, the Director
of Public Works shall determine a curb level or its equivalent for the purpose of this
Ordinance.
Customer Floor Area. That part of the gross floor area of a commercial
establishment used by and accessible to the public, except public rest rooms.
Deciduous Tree. A woody plant having a defined crown and which loses leaves
annually.
Deck. A horizontal, unenclosed platform with or without attached railings, seats,
trellises, or other features, attached or functionally related to a principal use or site
and extending 30 inches or more above ground at any pointJ
Density. The number of dwelling units permitted per net acre of land.
Developer. Any person or legal entity who undertakes to improve a parcel of land
by platting, grading, installing utilities or constructing any building thereon.
Development. All structures, land uses, and other modifications of the existing
landscape above and below ground or water, on a single parcel, or on more than
one parcel if covered by a single PUD or conditional use permit.
Diameter at Breast Height (DBH). The diameter of a tree measured at a height
of 4 1/2 feet from the ground level.
.Dimensional Standards. (Definition is beinq aquired).
District. See "Use District".
Drip Line. The farthest distance away from the trunk of a tree that rain or dew will
fall directly to the ground from the leaves or branches of the tree.
May /. /999
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City (J( Prior Lake
Deleted: An estate of real property
consisting of an undivided interest in
common with other purchasers in a
portion of a parcel of real property.
together with a separate interest in
space in a building. A condominium
may include. in addition. a separate
interest in other portions of such real
property .
Comment [j3]: The 5 fOOl rule is no
longer required by the International
Building Code.
Deleted: within 5 feet of the
perimeter of the deck.
[ Formatted: Font; Bold, Italic
Driveway. A private roadway providing access to a street.
Dwelling. A building or 1 or more parts thereof occupied or intended to be
occupied exclusively for residence purposes, but not including rooms in motels,
hotels, nursing homes, boarding houses, trailers, tents, cabins or trailer coaches.
Dwellinq, Sinqle Familv Attached: A residential structure desiqned to house a
sinqle-familv unit from lowest level to roof. with a private outside entrance. but
not necessarilv occupvinq a private lot, and sharinq a common wall adioininq
dwellinq units.
Dwellinq, Sinqle Familv Detached: A residential structure desiqned to house a
sinqle-familv unit, with private outside entrance. but without common walls
between the dwellinq units.
Dwelling Unit. One or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by one family with
separate toilets and facilities for cooking and sleeping.
Easement. The grant of one or more of the property rights by the owner to, or for
the use by, the public, public utility, corporation, or another person or entity.
Equal Degree of Encroachment. A method of determining the location of
encroachment lines so that the hydraulic capacity of flood plain lands on each side
of a stream are receded by an equal amount when calculating the increases in
flood stages due to flood plain encroachments.
Essential Service Equipment Shelters. Buildings or structures used for the
storage of equipment related to the principle structure,3nd 3CCOSSOry to tho
furnishing of oswntial sorvicos.
Essential Services. Services and utilities needed for the health, safety and
general welfare of the City. The essential services include, but are not limited to,
underground or overhead gas, electrical, steam or water transmission or
distribution systems; collection, communication, supply or disposal systems
including poles, wires, mains, drains, sewers, pipes, conduits, fire alarm boxes,
police call boxes, traffic signals, hydrants, or other equipment and accessories in
conjunction therewith, bridges, roads, and railroads.
Evergreen. A plant with foliage that persists and remains green year-round.
Excavation. Removal of soil, rock, minerals, debris or organic substances other
than vegetation from a parcel of land.
Expansion. An increase in the floor area or volume of an existing building.
Facade. The exterior wall of a building exposed to public view.
Family. Family shall mean one of the following:
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,. Any group of people living together as a single housekeeping unit, all of
whom are related by blood, marriage, or adoption plus children who are
under foster care.
,. Up to four people jIGt---6e unrelated, living together as a single
housekeeping unit.
,. Any group of people living together as a single housekeeping unit, if no
more than two adult members function as the heads of the household
group and the remaining members are dependent upon them for care and
direction due to age, physical disability, a mental incompetency or for other
reasons.
,. Any individual who is the owner, living and maintaining a common
household and using a common cooking and kitchen facility.
Feedlot. A confined area or structure used for feeding, breeding or holding
livestock for eventual sale in which animal waste may accumulate, also including
barns, pens or other structures used in a dairy farm operation. For purposes of
these regulations, pastures and feedlots accommodating fewer than 10 animals
shall not be considered animal feedlots.
Fence. Any artificially constructed barrier of any material or combination of
materials erected to enclose or screen areas of land.
Filling. The placement of sand, gravel, earth or other materials of any
composition on a parcel of land. Also see "land reclamation".
Flood. A temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
Flood Frequency. The frequency for which it is expected that a specific flood
stage or discharge may be equaled or exceeded.
Flood Plain. The land adjacent to a wetland, lake or .watercourse which has beel1
or hereafter may be covered by the regional flood.
FLOODl/'JAY
(
)
FLOOD PLAIt-.J
Cityof' Prillr Lake
,VIa)' I, 1999
llOl/p13
( Formatted: Strikethrough
[ Deleted: watercourse which have
Floodproofing. A combination of structural provisions, changes or adjustments to
properties and structures subject to flooding, primarily for the reduction or
elimination of flood damages.
Floodway. The bed of a wetland or lake and the channel of a watercourse and
those portions of the adjoining flood plain which are reasonably required to carry or
store the regional flood discharge.
Floor Area. The sum of the gross horizontal areas of the several floors of a
building including interior balconies, mezzanines, basements, attics, penthouses
and attached accessory buildings. Measurements shall be made from the inside of
exterior walls and to the center of interior walls. For the purposes of determining
off-street parking requirements, inside off-street parking or loading space is
excluded from floor area.
Floor Area Ratio (FAR). The numerical value obtained by dividing the total floor
area of a building or buildings excluding the basement by the lot area on which
such building or buildings are located.
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Forester. A person holding at least a Bachelor of Science degree in forestry from
an accredited four-year college of forestry.
Foster Family Home. A family home where children out of their own homes are
cared for 24-hours a day for a period of 30 days or more.
Game Room. An establishment offering various mechanical and electronic games
for use by the public for a fee. Such use may also include sale of food items and
merchandise either incidentally or as another principal use in the same building or
tenant space, and also some assembly or meeting space.
Garage, Private. A detached accessory building or portion of the principal
building, including a carport, which is situated on the same lot as the principal
building used primarily for storing motor vehicles with no facilities for mechanical
service or repair of a commercial nature except as provided in Section 1101.501
(3)d..
Mar /. /999
llOl/p14
City (!( Prior Lake
Grade. The average elevation of the finished ground level at the mid point of all
walls of a building, or in the case of signs. the average elevation of the finished
ground level at the base of a sign. This definition includes the terms finished grade
and mean ground level.
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Grading. Excavating, filling or other changes in the earth's natural topography
including stockpiling of earth or land.
Ground Cover. Plants, other than turf grass, normally reaching an average
maximum height of not more than 18 inches at maturity.
Ground Floor Area. The lot area covered by a building or buildings measured
from the exterior faces of exterior walls but excluding decks and terraces and
detached garages which do not exceed 12 feet in height.
Hedge. A landscape barrier consisting of a continuous, dense planting of shrubs.
Heritage Trees. J-leritaqe trees are determined bv the specific criteria for heritage
trees are listed in Section 1107.2103(3) Ordinance.
.
Horticulturist. A person holding at least a Bachelor's of Science degree in
horticulture or field related to the cultivation of plants, and/or licensed as a
horticulturist by the State of Minnesota.
This space intentionallv left blank.
May /. /999
llOl/p15
City of" Prior Lake
Deleted: Any tree which has been
determined to be of high value
because of its type, size, age or other
professional criteria.
Deleted: (Amd. Ord 106-09, pub
12/2/06)
Impervious Surface. The portion of the buildable parcel which has a covering
which does not permit water to percolate into the natural soil. Impervious surface
shall include, but not be limited to, all driveways and parking areas, whether paved
or not, sidewalks greater than 3 feet in width, patios, tennis and basketball courts,
swimming pools, covered decks and other structures. Decks open to the sky and
having open joints of at least 1/4 inch, areas beneath overhangs less than 2 feet in
width, and sidewalks 3 feet in width or less shall be exempted from the calculation
of impervious surface. In order to Qualify for this exemption, a minimum of 3 feet
of Qreen space must be located between the sidewalk and any other impervious
surface, includinQ another sidewalk 3 feet or less in width. The impervious surface
of a lot shall be documented by a certificate of survey unless exempted from this
requirement by the Zoning Administrator.
rsssl l.ar COVE.e.AC;E:
Irrigation System. A permanent, artificial watering system designed to transport
and distribute water to plants.
Land Alteration. Any private or public infrastructure and utility installation, building
construction, excavation, grading, clearing, filling or other earth change which may
result in:
, Any alteration of land of more than 1 foot from the natural contour of the
ground on any contiguous 450 square feet of ground where significant
trees are present; or
,. Any cutting, removal or killing of more than 20% of the significant trees on
any land within a period of 5 years.
Land Reclamation. The reclaiming of land by depositing fill material to alleviate
the grade. See Also "Filling".
Landscape Architect. A person licensed by the State of Minnesota as a
Landscape Architect.
Land Surveyor. A person licensed to practice land surveying under Minnesota
Statutes SS326.02 to 326.15.
Landing. An intermediate platform on a flight of stairs, the dimensions of which
are dictated by the Building Code.
May I. 1999
llOl/p16
City 4 Prillr Lake
Laundromat. An establishment providing washing, drying or dry-cleaning
machines on the premises for rental use to the general public.
Level of Service. The traffic capacity of an intersection or roadway based upon
criteria established and published by the Institute of Traffic Engineers, as amended
periodically.
Lot. A parcel of land occupied or used or intended for occupancy or use by a use
permitted in this Ordinance, abutting on a public street, and of sufficient size to
provide the yards required by this Ordinance.
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Lot Area. The area of a lot in a horizontal plane bounded by the lot lines. Only
land above the ordinary high water level of a public water or above the 1 DO-year
water elevation of a wetland or pond may be used to meet the minimum lot area
requirements. .
Lot, Buildable. A lot which meets the minimum lot width and area requirements of
the use district in which it is located.
Lot Area per Family. The number of square feet of lot area required per dwelling
unit.
Lot, Corner. A lot situated at the junction of, and abutting on 2 or more
intersecting streets, or a lot at a point of deflection in alignment of a continuous
street, the interior angle of which does not exceed 135 degrees.
Lot Depth. The mean horizontal distance between the front lot line and the rear lot
line of a lot.
Lot, Interior. A lot other than a corner lot.
Lot Line. The property line bounding a lot except that where any portion of a lot
extends into the public right-of-way, street easement, or a proposed public right-of-
way, the line of such public right-of-way or street easement shall be the lot line for
applying this Ordinance.
May /, /999
llOl/p17
CiN (if' Prior Lake
Deleted: (amd, Ord, 00-14 - pub,
8/12/00)
Lot Line, Front. That boundary of a lot which abuts a street. In the case of a
corner lot it shall be the shortest frontage on a public street. If the dimensions of a
corner lot are equal, the front lot line shall be designated by the owner and filed in
the office of the Zoning Administrator. If a parcel has multiple sides on more than
two street frontages, the front lot line shall be determined by the Zoning
Administrator.
Lot Line, Rear. A lot line not intersecting a front lot line that is most distant from
and most closely parallel to the front lot line. For a lot bounded by only three lot
lines, the rear lot line shall be a line 10 feet in length within the lot, parallel to and at
the maximum distance from, the front lot line.
Lot Line, Side. A lot line which intersects with a front lot line.
Lot, Minimum Area of. The measurement of a lot computed exclusive of any
portions of the right of way of any public thoroughfare. In the Shoreland District,
only land above the Ordinary High Water Elevation of any public water may be
used to meet minimum lot area standards.
Lot, Through. A lot which has a pair of opposite lot lines abutting 2 substantially
parallel streets, and which is not a corner lot.
Lot Width. The horizontal distance between the side lot lines measured at the
required front yard line.
Lot of Record. Any lot which is one parcel of a plat heretofore or hereafter duly
approved and filed, or 1 unit of an Auditor's Subdivision or a Registered Land
Surveyor a parcel of land not so platted, subdivided or registered, for which a
Deed, Auditor's Subdivision or Registered Land Survey has been recorded in the
office of the Register of Deeds or Registrar of titles for Scott County, Minnesota,
prior to the effective date of this Ordinance.
Manufactured Home. A structure, transportable in one or more sections, which in
the traveling mode, is 8 body feet or more in width or 40 body feet or more in
length, or when erected on site, is 320 or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities, and includes the
plumbing, heating, air conditioning, and electrical systems contained therein;
except that the term includes any structure which meets all the requirements and
with respect to which the manufacturer voluntarily files a certification required by
the Secretary of State and complies with the standards established under
Minnesota State Statutes.
Mining. The extraction and removal of sand, gravel, or other earthen material
from a parcel of land.
Mulch. Nonliving organic, synthetic and rock materials customarily used in
landscape design to retard erosion and retain moisture.
Model Home: A dwellinq constructed on a lot within a development used for
sales and marketina of the development.
May /. /999
llOl/p18
Cityof' Prior Lake
Nonconforming or Nonconformity. Any development includinq but not limited to
structure~, sign~, site lighting, off-street parking lot~, bufferyard~, land use~, or
parcel~ which were;was legally constructed or established prior to (new 2008
date)tho offoctivo data of thiE: _Q~dina_nco, Qr subsequent amendment to it, which
would not be permitted by or is not in full compliance with, the provisions of this
Ordinance.
Legal Nonconforming. Anything lawfully existing prior to May 1. 1999boforo tho
onactmont of thiE: Ordinanco which does not conform to a condition or provision of
this Ordinance, including but not limited to the foregoing; buildings and other
structures, off-street parking, outdoor sales and storage, land use, signs, outdoor
lighting, subdivided parcels of land and developments.
Nonconforming Lighting. Outdoor site lighting which does not conform to the
intensity or source visibility requirements of this Ordinance.
Nonconforming Bufferyards. Bufferyards which do not conform to the distance,
height, screening, density, material or planting requirements of this Ordinance.
Nonconforming Land Use - Not Permitted in City. A land use which is not listed
as permitted, permitted with conditions or permitted with a Conditional Use Permit
in any Use District in the City.
Nonconforming Land Use - Not Permitted in Use District. A land use which is
not listed as permitted, permitted with conditions, or permitted with a Conditional
Use Permit in the Use District in which it is located.
Nonconforming Land Use - No Conditional Use Permit. A land use which
requires a Conditional Use Permit in the Use District in which it is located for which
a valid Conditional Use Permit has not been issued.
Nonconforming Lot. A lot of record which does not conform to the width, lot
area, or yard requirements of the Use District in which it is located, and which is
not buildable unless it complies with the provisions of subsection 1101.501.
Nonconforming Parking. Parking which legally existed upon the effective date of
this Ordinance and which does not comply with the numerical and/or design
requirements of subsection 1107.200.
Nonconforming Signs. Signs which do not conform to the requirements of
Sections 1107.400 through 1107.1700.
Nonconforming Structures. Buildings and structures which do not conform to
the dimensional standards or densities of the Use District in which they are located.
Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile abutment,
projection, excavation, channel modification, culvert, building, wire, fence,
stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any
channel, watercourse, or regulatory flood plain which may impede, retard, or
change the direction of the flow of water, either in itself or by catching or collecting
debris carried by such water.
Mil.\' 1. 1999
110l/p19
City lIt' Prior Lake
Formatted: Strikethrough
Formatted: Strikethrough
[ Formatted: Strikethrough
Official Controls. The adopted goals, policy statements, standards, programs,
and maps for the City of Prior Lake and its environs. Such controls include, but are
not limited to, the Comprehensive Plan, the City Code, the Subdivision Ordinance,
the Capital Improvements Program, and any amendment to such plans or parts
thereof.
Official Map. A map adopted in accordance with Minnesota Statutes
9462.359, which may show the location of existing and proposed right-of-
ways for future streets, roads, and highways, and the location of existing
and future public land facilities, and any amendments to such maps or
parts thereof.
Ordinary High Water Mark. A mark delineating the highest water level which has
been maintained for a sufficient period of time to leave evidence upon the
landscape. The ordinary high water mark is commonly that point where the natural
vegetation changes from predominately aquatic to predominately terrestrial. For
watercourses, the ordinary high water level is the elevation of the top of the bank of
the channel.
Ornamental Tree. Any tree planted primarily for its ornamental value or for
screening purposes and tends to be smaller at maturity than canopy trees.
Parking Space. An area on a lot or within a building intended for the use of
temporary parking of a motor vehicle which has a means of access to a public
street. This term is used interchangeably with parking stall.
Performance Standards. Specified criteria and limitations which are placed on
development which are intended to protect the public health, safety or welfare.
,Performance Standards. (Definition is beinq aquired).
Person. An individual, firm, partnership, corporation, company, association,
society, joint stock association, or political subdivision of the state including any
trustee, receiver, assignee or other representative thereof.
Planned Unit Development (PUD). An area of minimum contiguous size to be
planned, developed, operated, and maintained as a single entity containing one or
more structures to accommodate residential or commercial uses, or both, and
appurtenant common areas and other uses incidental to the predominant uses.
Platform. A flat, floored, roofless area detached from a house with a finished floor
elevation less than 30" above the natural grade around the perimeter of the
platform ,a! ~I! 199~tLo_n~ y{itNn_ e fa_at 9( th9P!3JtO!I11~
Play Field. An outdoor facility developed as a baseball diamond, softball diamond,
soccer field, football field, or other surface for conducting outdoor recreational
activities.
Principal Building. A building or group of buildings in which the primary use of a
lot is located.
May /. /999
110l/p20
City ,,(Prior Lake
( Formatted: Font: Bold, Italic
Comment [j4]: The 5 foot rule is no
longer required by the International
Building Code.
Formatted: Strikethrough
Principal Use. The main use and chief purpose of land or structures, as
distinguished from a secondary or accessory use.
Proof of Parking. A method by which an area of a lot other than that area
required for yards, landscaping, or any other area required for other purposes by
this Ordinance which is allocated for parking, but is not paved or striped.
Property Line. See Lot Line.
Public Waters. Any waters as defined in Minnesota Statutes S 1 03G.005, Subd.
15.
Recreational Equipment. Recreational equipment shall include, but not be
limited to, boats, boat trailers, boat lifts and rail systems, general purpose trailers,
recreational campers, self-contained motor homes, truck toppers, fish houses,
utility trailers, jet skis and snowmobiles.
Recyclable Materials. Materials that are separated from mixed municipal solid
waste for the purpose of recycling, including paper, glass, metals, automobile oil,
batteries and other specifically allowed items. Refuse derived material or other
material that is destroyed by incineration is not a recyclable material.
Recycling Facility. A center for the collection, processing or repair of recyclable
materials for reuse in their original form or use in manufacturing processes.
Recycling facilities may include the following:
Designated Recycling Center. A recycling facility which has complied with the
permitting rules of the Pollution Control Agency and is open a minimum of 12
operating hours each week, 12 months each year, and accepts for recycling at
least four different materials such as paper, glass, plastic and metal.
Light Processing Recycling Facility. A building or enclosed space occupying an
area less than 45,000 square feet and used for the collection and processing of
recyclable materials. Processing does not include end-use manufacturing or
industrial use but may include the preparation of material for efficient shipment or
end-user's specifications, by such means as baling, briquetting, compacting,
flattening, grinding, crushing, mechanical sorting, and shredding.
Recreational Dome. A translucent or opaque fabric structure supported by air. .
Redevelopment District. The area within the Prior Lake City limits identified by
City Council Resolution No. 85-11 or any subsequent resolution or amendments
thereto. This area is also referred to as Municipal Development District #1, and is
commonly known as Downtown Prior Lake.
Regional Flood. A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of the 100-year
recurrence interval. Regional flood is synonymous with the term "base flood" used
in the Flood Insurance Study.
Muy /. /999
llOl/p21
City 4Prior Lake
Deleted: (amd. Ord. 04-t9, pub.
5/29/04)
Deleted: (amd. Ord. 105-06. pub.
3/5/05)
Regulatory Flood Protection Elevation. The Regulatory Flood Protection
Elevation shall be an elevation at least one foot above the Regional Flood (to the
nearest one-tenth foot as indicated in the Flood Insurance Study Text) plus any
increase in flood elevation caused by encroachments on the flood plain authorized
by this Ordinance. For structures constructed prior to November 19, 1997, the
Regulatory Flood Protection Elevation does not have to include the one foot of
freeboard noted in this paragraph unless the existing structure has been removed
as part of the site redevelopment.
Right-ot-Way. An area or strip of land, either public or private, on which a right-of-
passage has been recorded for the use of vehicles, including trains, or pedestrians
or both.
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Root Line. The lowest plane at which the external upper covering begins.
Root Zone. The area under a tree which is at or within the drip line of a tree.
Sales Trailer: A temporary structure within a residential development proiect for
use as a sales or rental office for the units on the same site. which is removed at
build out of the proiect. or when a model home is constructed. or by other terms
prescribed by the City.
Screen. A method of reducing the impact of noise and unsightly visual intrusions
with less offensive or more harmonious elements, such as plants, berms, fences,
walls, or any appropriate combination thereof.
Service Stall. The area within a motor fuel station or auto repair facility of
adequate size to service one motor vehicle. A service stall shall have a maximum
floor area of 400 square feet. This term is synonymous with service bay.
Setback. See Yard.
Shoreland. Land located within the following distances from protected waters: (1)
1,000 feet from the Ordinary High Water Mark of a lake, pond, or flowage; and (2)
300 feet from a river or stream, or the landward extent of a floodplain on such
rivers or streams, whichever is greater. The practical limits of shorelands may be
less than the statutory limits where such limits are designated by natural drainage
divides at lesser distances, as shown on the Official Zoning Map of the City.
Shore Impact Zone. Land located between the Ordinary High Water level of a
public water and a line parallel to it at a setback of 50% of the structure setback.
May /. /999
llOl/p22
City ot' Prior Lake
Shrub. A self-supporting woody perennial plant, smaller than a tree, consisting of
several small stems from the ground or small branches near the ground; may be
deciduous or evergreen, and usually not more than 10 feet in height at its maturity.
Sign. Any written or graphic announcement, declaration, demonstration, display,
illustration, insignia, illumination, or message-bearing device used to advertise or
promote the interest of any person or persons when the same is displayed or
placed out-of-doors in the view of the general public, on a pylon, exterior wall, or
building surface, or inside of a building within 3 feet of a transparent window. A
sign shall be considered as a structure or a part of a structure for the purpose of
applying yard and height regulations except as herein stipulated. The definitions of
specific sian types are found in Section 1107. 400.
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IAddre&~ ~igR. .^. sign consisting of idontific.:ltion numbors only, oithor in
writton or numoric::lI form which is compliant 'Nith City Codo addrossing
roquiromonts.
Advertising Sign. Il,ny pormanont non go'/ommont31 sign and sign
structuro, 3dvortising products, servicos, commoditios, ontortainmont or other
3ctivity not offorod 3t tho loc.:ltion of tho sign or not oxclusivoly rol3tod to tho
promisos on which tho sign is IOC3tod.
ARimated Sign Any sign th.:lt usos movomont or ch3ngo of lighting to
dopict 3ction or Cro3tO a SPOCi31 offoct or scono, signs with visiblo moving, rotating
p3rts, or othor visible mochanic31 movomont.
Awning. A non rigid hood or covor projocting from 3 building, '>'lhich m3Y
bo foldod, coll3psod, or rotr3ct9d 3gainst tho building.
f13l1eoR SigR. II, tompor.:lry sign ...:hich is printod, paintod or attached to a
balloon '",hich is socurod to a pormanont structuro or tho ground in 3 mannor th3t
do os not 3110'.'" it to move 3bout within tho atmosphoro.
Balleon SigR, Tethe.red. fI. t9mpor3ry sign which is printed, paintod or
socurod to a balloon which is att3chod to a ropo, ch3in, string or othor dovico,
allowing it to movo 3bout vlithin tho atmosphoro.
May /. /999
11 0 lIp23
City 4 Prior Lake
Comment [jS]: The detinitions of
specitic sign types will be moved to the
Sign Ordinance seclion. (Section
1007 ADO)
Formatted: Strikethrough
Banner Sign. Any tomporarl sign of lightweight fabric or similar material
intondod to bo hung oithor with or without framoc, poccocsing charactorc, lottcm:,
illuctrations, or ornamontationc appliod to papor, plactic, or fabric of any kind.
~Jational flags, statg or municipal flags, or tho official flag of any institution or
bucinocc chall not bo considorod bannors.
Beacon. /'.ny light with ono or moro boams, capablo of boing rovolvod
automatically or being diroctod into tho atmosphero or diroctod at one or more
pointc not on tho camo lot as tho light sourco.
BenGh Sign. 1\ cign altachod to or paintod on a bonch for Eoating.
fJillho3rd Sign. A billboard, postor panel board, paintod bullotin board or
othor communicativo dovice which is usod to advortiw (billboard) products, goods
and/or corvicoE, any part of '.",hich aro not cold, producod, aEEomblod,
manubcturod, furnichod or OthOlV.'iEO rolatod to activitioc conductod on tho
property on which such sign is locatod.
fJllfld:ng Marker. A eign carrying tho name of a building, its date of
oroction, monumontal citationc, commomorativo tablots and tho liko whon carvod
into ctono, concrolo, or Eimil3r matorial or made of bronzo, aluminum or othor
pormanont typo of conctruction and made an intogral part of tho ctructuro.
Blls:ness Sign. I'. Eign rolating in its cubjoct maltor to tho proporty on
which it ic locatod or to productc, accommodationc, corvicoc or activitioc locatod on
tho property.
Changeable Copy Sign. II. sign or portion thoroof with characterc, lottorc,
or illuctrationc that can bo changod or roarrangod without alto ring tho faco or tho
surface of the sign. Tho oloctronic or mochanical indication of timo or temperaturo
or Etock markot data ehall bo concidorod a "public sorvico cign" and not a
changoablo copy sign for tho purpococ of thic Ordinanco.
CORstrlJGt:on Sign. A sign giving tho projoct namo, namo(c) of principal
contractore, architoct8, and londing inctitutions rOEponsiblo for construction on tho
cito whoro tho cign ie placod, togothor 'Nith othor information includod thoroon.
DireGtional Sign ,^. cign oroctod on privato proporty for tho purp080 of
directing vohicular and podostrian traffic to public facilitioe or functions; a sign on
'",hich tho namOE and/or locations of occupantc or tho uco of a building is givon,
including offico buildingc and church diroctorioe.
EJeCtiOR Sign /\ tomporary Eign promoting tho c~mdidacy of a poreon
running for a govornmontal offico, or promoting an iCEuo to bo votod on at a
govornmontal oloction.
E!eGtr~niG Message Sign A Eign which chO'.'Ve mocEagoE and graphice
that aro changod by oloctrical pulsations, other than public service eigne.
Flashing SigfJ. An illuminatgd eign on which the artificial light is not
maintainod conct:mt in intoneity and color at all timeE in which euch cign is in uso
or ~my Eign which by mochanical moanc appoarE to simulato a flaching Eign.
May /, /999
llOl/p24
Ciry o{Prior Lake
Freestanding Sign. ^ny sign wpportod by structuros or wpports that aro
placod on, or anchorod in tho ground :md that aro indopondont from any building
or othor struoturo.
Gr-fJund MCJnument Sign. 1\ block typo sign structuro not wpportod by
polos or braoos, but rathor placod diroctly on tho ground.
!IIuminated Sign. Any sign which has charactors, lottors, dosign or
outlinos illuminatod by artificial light dirocted to or from tho interior of tho eign.
Ins;denta! Sign. ^ sign having a bco '//hich moote Dopartmont of
Transportation etmdards and which is locatod on privato proporty. l\n inoidontal
sign has a purposo socondar/ to tho primary uso of tho proporty on '.vhich it is
locatod, euch ae "no parking", "ontranco", "loading only", "tolophono", and othor
similar diroctivOE:. No eign v.'ith a commoroial moesago shall bo considorod
incidontal.
.wstitutional S!gns. P,. sign which idontifios tho name and othor
charactoristios of a public or somi public institution on tho proporty whoro the sign
is locatod.
Interior Buikling Design. Any sign in8ido a building not attached to a
'",indo',.,. or door, which is notlogiblo from a di8tanco of moro than d foot boyond tho
lotlino of tho property on which suoh sign i8 looatod.
Lake Se.rwce Sign. Signs accos80ry to U80S ',.,.hich dopond on patron8
arriving by watorcraft.
Legal Non Conforming Sign. t.ny advortising structuro or sign 'Nhioh '....a8
lawfully oroctod and maintainod prior to wch timo ae it camo ....lithin tho purviow of
this Code, and any amondmonts thoroto, :md 'i...hich fails to conform to all
applicable rogulations and rostrictions of this Ordinanoo.
Matquee Sign. Any sign attaohod to or mado a part of a m:lrquoo. A
marquoo i8 dofinod as a pormanont roof liko structuro projocting boyond a building
'....all at an ontranoo to a building or oxtonding along and projocting boyond tho
building's 'Nail and gonorally dosignod and oonstructod to provido pr{)toction
against the woathor.
Menu B03r-Q. II, 8ign that indicatos selections availablo 3.t bU8inoc8es that
sorvo oustomors via automobiloe, such as a bst food ostablishmont.
0# Pr.emises Ann9uncements. Announcomonts of concorts, plays,
lecturos and club acti'litios 3.nd tho liko placod in tho windows of coneonting
bueinoseos in a BU8inocs or Indu8trial zono.
P;Jinted WaY Sign. II, sign which has boon painted diroctly onto a building
wall, using tho 'Nail matorial as 3. baso of tho eign.
P.ennant. ^ny lightwoight plaetio, bbric or othor matorial, suspondod from
a ropo, wiro, or string, ueually in sorios, dosignod to movo in tho wind.
MIIY /. /999
llOl/p25
City or Prior LlIke
PertabJe Sign. f'.ny tompor::uy E:ign not porm::montly 3ltachod to tho
ground or othor porm3nont E:tructuro, or 3 E:ign dOE:ignod to bo tr::mE:portod,
including but not limitod to, E:ignE: dOE:igned to bo tranE:portod by meanE: of 'Nhools,
eignE: convortod to A or T fr3moe, and eigne attachod to or p3intod on vohicloE:.
PmjeetiRg Sign. Any E:ign othor than a wall E:ign affixod to any building or
wall whore the leading odgo oxtendE: boyond tho building or \vall.
Publis Servise SigR. A sign that diE:plaYE: timo, It/oather, E:tock markot
d3tn or public inform3tion othor than advortiE:ing for a product or eorvico.
Publis Sign. Any public notico or '....arning requirod by an applicablo
Fodoral, Stato, or local law, regul3tion, or ordinanco; signs of a non commorcial
n3turo 3nd in tho public intoreE:t, oroctod by, or on the ordor of 3 public officer in
tho porformanco of public duty E:uch 3E: diroctional E:ignE:, rogul3tory E:ignE:, 'N3rning
sigm:, sign€: for parks, and for public buildings and informational signs.
Real Estate SigRs. /\ tomporary €:ign orectod on pri'/ate property for
purpoE:Oe of advortiE:ing tho E:310 or 103E:o of a p3rticu13r building and/or property.
Reof SigR. A €:ign orectod upon or 3bovo 3 roof or parapot of 3 building or
3bovo tho oavos in tho caw of a hip, g3blo or mansard roof whore the plane of tho
roof iE: 10E:E: th3n 60 dogrooE: from tho horizont31.
RotatiFlg Sign. A E:ign which rovolvOE: or rotatOE: on itE: axiE: by moch3nical
meaA&.
Semi Publis Use. ^ UE:O ownod or opor3tod by a non profit, roligious or
ch3rity dopondont inE:titution 3nd providing oduc3tion31, cultur31, rocroation31,
roligiouE: or E:imil3r typOE: of public programE:.
Shopping CeRter Sign. .II. frooE:tanding E:ign identifying 3 E:hopping
complex that containE: 3t loa€:t one m3jor tonant (E:uch aE: a grocory or departmont
E:toro) 3nd E:Ooond3ry tomnte. II, lino31 E:trip contor ie not oonsidored n chopping
complex for tho purpoE:o of thiE: Ordimnco.
Snipe Sign. Sign(s) of any matorial v/hat€Oevor that is paintod on or
3lt3ohod in any W3Y to 3 utility polo, troo, rock or any objoct loc3tod or E:ituatod on
public or priv3to proporty.
Street liJanFler. .^.ny tomporary b3nner E:ign which iE: E:trotohod GoroE:E: and
hung ovor a public right of way which advorti€:oE: public ontort3inmont or a public
eveAh
Temporary Sign. ^ €:ign orootod or diE:pl3yod for a €:pocifiod poriod of timo
3nd not pormanontly mountod.
Trame Jf1terfer-eFlse SigRs. Sign€: oroctod that, by roa€:on of pOE:ition,
shapo or color would intorfore in any '''KJ.Y with tho propor functioning or purpoE:O of
3 tr3ffio eign or E:ign31.
Ciry of Prior Lake
Mar I. 1999
llOl/p26
Wall Sign. Any sign attachod parallgl to a viall, or which projects loss than
15 inchos from thg curf::1co 3t all pointc of tho building or ctructuro, and 'v",hich
dicpbyc only ono cign curbco.
Window S:9n. Any sign, picturo, cymbol, or combination thoroof, docignod
to communic3to information 3bout 3n 3ctivity, bucinocc, commodity, ovont, calo, or
corvico th3t is pbcod incido a window or within 36 inchoc of a window, or upon tho
window panos or glass '""hich is visiblo from tho oxtorior of tho building.
Works 9f Art. I\rtistic oxproccionc, aosthgtic troatmonts, and docigns th3t
do not includo 3 commorcial mocc3go cuch ae tho City logo, "Contonnial" omblom,
holiday lighte, 3nd docoratione with no commorcial mocs3go.
Yard Sale Sign. An infmquont tomporary sign display and salo, by an
occup3nt, on hie or hor promieoe of porson31 proporty, including gonor31 houeohold
rumm3go, ucod clothing ::md 3pplbncoe, providod tho oxchango or ealo of
morchandisg is conductod within the rosidonco or acco8sory structum.
Significant Tree. A deciduous tree measuring 6 caliper inches or more in
diameter or a coniferous tree measuring 12 feet or more in height.
Site Plan. A plan, prepared to scale, showing accurately and with complete
dimensioning, the boundaries of a site and the location of all buildings, structures,
uses, and principal site development features proposed for a specific parcel of
land.
Stable. Commercial: A structure or land use area used to keep horses for sale or
hire to the public. Breedinq, boardinq, or traininq of horses may also be
conducted. The use may also include commercial ridinq arenas open to the
qeneral public.
Stable. Private: An accessory structure or land use that is desiqned, arranqed,
used, or intended to be used for the keepinq of horses for the private use of the
occupants of the principal dwellinq and their quests, but in no event for hire.
Steep Slopes. Land where agricultural activity or development is either not
recommended or described as poorly suited due to slope steepness and the site's
soil characteristics, as mapped and described in available county soil surveys or
other technical reports, unless appropriate design and construction techniques and
farming practices are used in accordance with the provisions of this Ordinance.
Where specific information is not available, steep slopes are lands having average
slopes over 20%, as measured over horizontal distances of 50 feet or more, that
are not bluffs.
Story. That portion of a building included between the surface of any floor and the
surface of the floor next above; or if there is not a floor above, the space between
the floor and the ceiling next above. A basement shall not be counted as a story.
Street. A public or private thoroughfare with a minimum right-of-way width of 24
feet which is used, or intended to be used, for passage or travel by motor vehicles.
Streets are further classified in the Comprehensive Plan by the functions they
perform.
City olPrior Lake
May I. 1999
110l/p27
Local Street. Roadways typically having lowest traffic volumes, containing
one lane of traffic in each direction whose primary function is to provide access to
and from property.
Minor Collector. Roadways containing 1 lane of traffic in each direction
whose primary function is to provide access to and from neighborhoods and the
local street system.
Major Collector. Roadways containing 1 or 2 lanes of traffic in each
direction with controlled intersections whose function is to serve long trips within
the City and access to and from minor and major arterials.
Minor Arterials. Interregional roads containing 2 lanes in each direction
with limited access and controlled intersections at other arterials and collector
streets. Minor arterials convey traffic between towns, boroughs, or other urban
centers and are used to reduce the number of trips on the regional system.
Efficient movement is the primary function of a minor arterial road.
Principal Arterials. Limited access interregional arterial routes containing
two or more lanes in each direction. They are designed exclusively for unrestricted
movement, have no private access, and intersect only with selected arterial
highways or major streets by means of interchanges engineered for free-flowing
movement.
-~ii~rw-~-:~~~;'~;;~~;~;~f'"
Structure.! Anything constructed or erected, the use of which requires a location
on the ground. Structures include, but are not limited to advertising signs,
billboards, towers and fences greater than 6 feet in height, pavilions. qazebos.
perqolas. trellises. and retaining walls greater than 4 feet in height, and.~
9fOOflG swimming pools.
Surface Water-Oriented Commercial Use. The use of land for commercial
purposes, where access to and use of a surface water feature is an integral part of
the normally conducted business. Marinas, resorts, and restaurants with transient
docking facilities are examples of such use.
ilIay /. /999
11 0 l/p28
City ofPrillr Lake
Comment [j6]: Shall any building
over 4 feel in height
[ Formatted: Strikethrough
Townhouse: A sinale family attached unit in a structure consistina of two or
more dwellina units hayina one or more walls abuttina with another dwellina and
desianed to have all exits open directly to the outside.
Tree. A self-supporting woody perennial plant having one or several self-
supporting stems or trunks and numerous branches which normally attains an
overall height of at least 15 feet at maturity. Trees may be classified as deciduous
or evergreen.
Tree Canopy. The horizontal extension of a tree's branches in all directions from
its trunk.
Understory Trees. A self-supporting woody plant or species normally growing to
a mature height of between 15 and 30 feet and a mature spread of at least 15 feet.
Many understory trees are considered to be ornamental trees.
Undue Hardship. Undue hardship is a condition resulting when reasonable use
cannot be made of a property if used under conditions allowed by the official
control, the plight of the landowner is due to circumstances unique to his property
not created by the landowner, and the variance, if granted, will not alter the
essential character of the locality. Economic considerations alone shall not
constitute an undue hardship if reasonable use for the property exists under the
terms of the Ordinance.
Usable Open Space. A required ground area or terrace on a lot which is graded,
developed, landscaped and equipped and intended and maintained for either
active or passive recreation or both, available and accessible to and usable by all
person occupying a dwelling unit or a rooming unit on the lot and their guests.
Usable open space has a minimum dimension of 30 feet. Roofs, driveways and
parking areas do not constitute usable open space.
Use. The purpose or activity for which a premises is designed, arranged or
intended for which it is or may be occupied or maintained. The term includes
permitted uses, uses permitted with conditions, accessory uses, temporary uses,
and uses approved under the conditional use and planned unit development
process.
Use Districts. A specifically delineated area or district within the City in which
uniform regulations and requirements govern the use, placement, spacing and size
of land and buildings.
Uses, Nonconforming. Any building or land lawfully occupied by a use at the
time of the passage of this Ordinance or of amendments thereof which does not
conform after the passage of this Ordinance or an amendment thereto with the use
regulations of the district in which it is located. Also see "Nonconforming".
Uses, Temporary. A use established for a duration of 6 months or less with the
intent to discontinue the use upon the expiration of the time period..
Variance. The modification of an Ordinance requirement as it applies to specific
property or buildings.
,'doy /. /999
110l/p29
City or Prior Lake
Deleted: (amd. Ord. 02-16, pub.
11/16/02)
Vegetation, Native. Any plant species with a geographic distribution indigenous
to all or part of the State of Minnesota. Plant species which have been introduced
by man are not native vegetation.
Watercraft Canopy. A structure or device no larger than 240 square feet in area
with a fabric covered roof that extends no more than 12" below the roof line and
without walls or a floor that is attached to or an integral part of the boat lift and/or
track system, and is designed to shelter watercraft~
Water-Oriented Accessory Structure. A building of 120 square feet or less
located on lakeshore lots, which because of the relationship of its use to a surface
water feature reasonably needs to be located closer to the lakeshore ordinary high
water mark (OHW) than the normal structural setback requirement. Examples of
such structures include structures used to store boating accessories and
equipment, gazebos and screen houses~
Wetland. An area that is inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that, under normal
circumstances, does support, a prevalence of vegetation typically adapted for life
in saturated soil conditions, commonly known as hydrophytic vegetation.
Yard. A required open space on a lot, which is unoccupied and unobstructed by a
structure from its lowest ground level to the sky except as expressly permitted in
this Ordinance. The yard shall extend along a lot line and at right angles to the lot
line to a depth or width specified in the yard regulations for the district in which the
lot is located.
Yard, Front. An area which extends along the full width of the front lot line
between side lot lines and toward the rear lot line a distance as specified in the
required yard regulations for the district in which such lot is located. For lakeshore
property, the front yard shall be considered that part of the lot located between the
road and the nearest parallel line drawn across the front of the principal building or
the minimum front yard setback..
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Yard, Rear. An area which extends along the full width of the rear lot line between
the side lot lines and toward the font lot line a distance as specified in the required
yard regulations for the district in which the lot is located. Where the lot is a corner
May /. /999
110l/p30
City ,,(Pr;o/' Lake
Deleted: (amd. Ord. 04-19, pub.
5.29.04)
Deleted: (amd. Ord. 02-14, pub.
9/14/02)
Deleted: (amd. Ord. 00-14-pub.
8/12/00)
lot, the rear yard shall be the area between the interior side lot line and the side
yard abutting a street extending toward the front yard a distance as specified in the
required yard regulations for the district in which the lot is located.
Yard Sale. A sale of assorted secondhand objects, conducted by the property
owner or occupant on their premises for a short period of time. Yard sales, also
known as qaraqe sales. rummaqe sales. or estate sales.comotim~oc_callod g3~3g0
sale, are not the primary use of the property or the primary occupation of the
property owner or occupant.
Yard, Side. An area extending along a side lot line between front and rear yards
having a width as specified in the required yard regulations for the district in which
the lot is located.
Yard, Side Abutting a Street. A yard adjacent to a street which extends along a
side lot line between the front yard and rear property line. For the purposes of
determininq the required setbacks, a side yard abuttinq a street is defined as a
front yard in the dimensional standards of the district in which the yard is located._
Zoning Administrator. The individual(s) authorized to administer the regulations
of the Zoning Ordinance.
Zoning District. See Use District.
Zoning Map. The map or maps which are a part of this Ordinance and delineate
the boundaries of the Use Districts.
1101.500: GENERAL PROVISIONS. The intent of this subsection is to provide a set of
regulations applicable to all Zoning Use Districts. The specific requirements for
each Zoning Use District are listed in subsections 1102.100 through 1102.1600.
The General Provisions are listed for the following:
,. Lot Provisions
,. Required Yards/Open Space
,. Yard Encroachments
,. Fences
,. No Sewer and Water
,. Traffic Visibility
,. Pedestrian Access
,. Height Limitation
,. Grading, Filling, Land Reclamation and Excavation
,. Temporary Uses
1101.501 Lot Provisions. Unless permitted by this Section:
(1) A lot which does not conform with the lot area or lot width requirements of the Use
District in which the lot is located shall not be a buildable lot unless the lot already
contains an occupiable structure.
(2) A structure on a lot which does not meet the area or width requirement of this
Ordinance shall not be expanded or enlarged unless the lot is combined with one
City 0( Prior Lake
MilY /. /999
IlO l/p3 1
( Formatted: Strikethrough
Deleted: The required width of the
side yard abutting a street is specified
in the dimensional standards of the
district in which the yard is located.
or more abutting lots or parcels of land to create a lot meeting the requirements of
this Ordinance.
(3) Lots of record - Buildable:
, I
a. A lot of record which exists on (new 2008 datel.oxieting upol1 t~o offoctivo
d3.to of thie Ordinanco in the "R-1", "R-2", or "R-3" Use District, which does not
meet either the area or the width requirements of this Ordinance may be utilized
for single family detached dwelling purposes if the dimensions of its area and width
are at least 66 2/3% of the requirements of this Ordinance.
b. Any single family detached dwelling unit which exists on May 1, 1999, the
effective date of this ordinance, on any nonconforming lot located in the R-1, R-2,
or R-3 Use District which is later destroyed by fire or other natural disaster may be
rebuilt if a building permit for reconstruction is issued within 365 days of its
destruction and if it otherwise conforms with the provisions of this Ordinance. This
provision allows a structure to be rebuilt as long as it meets setback, lot coverage.
impervious surface and other applicable provisions. If the structure does not meet
these standards, a variance will be required.
c. If 2 or more lots or combinations of lots and portions of lots with continuous
frontage in single ownership are of record at the time of or subsequent to the
passage or amendment of this Ordinance, and if all or part of the lots do not meet
the requirements established for lot area and lot width, the lands involved shall be
considered to be an individual parcel for the purpose of this Ordinance, and no
portion of said parcel shall be used or sold in a manner which diminishes
compliance with lot area or lot width requirements established by the Ordinance,
nor shall any division of any parcel be made which creates a lot with area or width
below the requirements of this Ordinance. If necessary to assure compliance with
other provisions of this Ordinance, the lots shall be combined,.
d. Two or more nonconforming lots of record under single ownership
separated by a private road or driveway may be combined and used as a single
buildable lot under the following circumstances:
,. The property owner must apply to the City for approval of a lot
combination.
,. The property owner must file a deed restriction or covenants with the
Scott County Recorder in a form acceptable to the City Attorney. This
deed restriction or covenant must include provisions that restrict the
resubdivision of the lot.
,. There must be an existing principal structure on one lot.
,. The location of the principal structure on the lot must preclude the
ability to construct a legal accessory structure on that lot.
,. Any structures on the combined lots must meet the minimum setbacks
of the Use District in which it is located.
,. In those cases where a detached accessory structure is to be located
on the portion of the lot which is separated from the principal structure
by the private road or driveway and there are existing residential
structures adjacent to or in close proximity to the proposed structure,
the Planning Commission shall hold a public hearing on the request
upon receipt of an application and following the notice requirements for
City of Prior Lake
May /. /999
1l0l/p32
[ Formatted: Strikethrough
Deleted: except that owners of
nonconforming lots of record in
common ownership may convey
ownership of one or more lots to
another owner until January 20. 2000.
(amd. Ord. 99-18 -pub. 11/20/99).
a variance pursuant to subsection 1108.404 of the City Code. In
evaluating the application, the Planning Commission shall not apply the
hardship criteria for variances. The Planning Commission review shall
determine whether the design and location of the detached accessory
structure is compatible with the surrounding properties in terms 0
architecture, buildings materials and placement on the lot. If the
Planning Commission denies the application, the applicant shall have
the right to appeal the decision to the City Council pursuant to
subsection 1109.400 of the City Code.
I '
(4) Prinpip_al b!Jildings. There s~aU be no more than 1 principal building on .ill!YJ lot
except as permitted by Conditional Use Permit or as provided under subsection
1106.100 through 1106.600.
(5) If a lot containing a two-family dwelling is subdivided into 2 lots, the minimum lot
area, lot width and side yard requirements may be waived subject to the following
conditions:
, A common wall shared by the 2 dwellings is located in its entirety on the
boundary line separating the 2 lots;
, The common wall meets the standards of the Building Code for owner-
occupied units and any other applicable coges adopted or enforced by the
City;
, A covenant or other agreement is approved by the City Attorney and filed
with the Scott County Recorder; and
, Each of the 2 dwellings is served separately by public utilities, none of
which are shared.
I ,1101.502 Required Yards/Open Space.
(1) The area of a yard, bufferyard, or other open space shall not be reduced below the
minimum size required by this Ordinance.
(2) If the existing yard is less than the minimum size required by this Ordinance, it
shall not be further reduced in size.
(3) If the existing bufferyard or other open space is less than the minimum size
required by this Ordinance, it shall not be reduced in size.
(4) No yard or open space which is required by this Ordinance for any structure shall
be included as a part of any yard or open space which is required by this
Ordinance for another structure, except as provided in subsection 1107.2000.
(5) Usable open space which is required by this Ordinance shall contain
improvements such as outdoor swimming pools, patio areas, game areas,
landscaped and grassy areas which contain benches, sculpture gardens,
pedestrian paths and trails, or similar outdoor fixtures or features. Roofs,
driveways, and parking areas shall not constitute usable open space. The
minimum dimension of usable open space shall be 30 feet.
(6) On a through lot, both street lines shall be front lot lines for the purpose of applying
this Ordinance.
City oj" Prior Lllke
1\4I1V 1. 1999
11 0 lIp33
Deleted: . . (amd. Ord. 99-18 - pub.
11/20/99. amd. Ord. 00-22 - pub.
9/2:V00)~
~
Formatted: Strikethrough
Deleted: . . (amd. Ord. 99-18 - pub.
11/20/99)~
~
(7) On a corner lot where the rear yard abuts the side yard of an interior lot, the
setback for a detached accessory building is the same as the required front yard of
the interior lot.
(8) Nonconforming lots of record in the R-1 and R-2 Use Districts may have side yards
of not less than 5 feet if the following criteria are met:
,. The sum of the side yards on the nonconforming lot is at least 15 feet.
,. No yard encroachments, as permitted in subsection 1101.503, are located
within 5 feet of an adjoining lot.
,. A minimum separation of 15 feet is maintained between all structures on
the nonconforming lot and on the adjoining lot.
1101.503
Yard Encroachments. The following shall not be encroachments on yard
requirements:
(1) Eaves, gutters and basement egress windows, provided they do not extend more
than 2 feet into a yard; and provided such encroachment is no closer than 5 feet
from any lot line..
(2) Yard lights and nameplate signs for one and two family dwellings in the R-1, R-2,
and R-3 Districts.
(3) Floodlights or other sources of light illuminating authorized illuminated signs, or
illuminating parking areas, loading areas, or yards for safety and security purposes
if these meet the regulations of subsection 1107.1800.
(4) Flag poles, bird baths and other ornamental features detached from the principal
building which are a minimum of 5 feet from any lot line.
(5) Canopies no more than 12 feet wide are permitted in the "R-4", "C-1", "C-2", "C-5"
and "1-1" Districts if they are open at the sides, comply with provisions of
subsection 1101.506 and provide 14 feet of clearance if located over any access
roadway or fire lane.
(6) The following shall not be encroachments on front yard requirements:
a. Awnings and door hoods which extend 5 feet or less into the required front
yard.
b. A vestibule which extends 5 feet or less into the required front yard under the
following conditions:
,. The vestibule shall be designed, constructed and attached to the principal
structure in compliance with the building code.
,. The vestibule shall be constructed of materials compatible with those of the
principal structure which meet the requirements of subsection 1107.2200.
,. The vestibule area, measured from the outside of the outside walls shall
not exceed 30 square feet.
City lIt Prillr Lake
MIIY /. /999
llOl/p34
Deleted: (Amd. ord. 01-10, pub.
9/8/01)
c. Heating, ventilating and air conditioning equipment which extends less than 6
feet from the principal structure, is not more than 36 inches in height, and is
screened from view.
d. Platform decks meeting the definition in subsection 1101.1000..
(7) The following shall not be encroachments on side and rear yard requirements:
Heating, ventilating and air conditioning equipment in side yards abutting a street
and rear yards, but is an encroachment in interior side yards. None of that
equipment shall extend more than 6 feet from the principal structure. Platform deck
meeting the definition in subsection 1101 .1000..
(8) The following shall not be encroachments on rear yard requirements: Balconies,
detached outdoor picnic shelters, and recreational equipment, if constructed as
provided in this Ordinance.
(9) Decks not meeting the required setbacks may be replaced if the following criteria
are met:
,.
The deck existed on the date the structure setbacks were established;
The replacement deck is in the same size, configuration, location and
elevation as the deck in existence at the time the structure setbacks were
established;
The deck is constructed primarily of wood and is not roofed or screened;
and
The existing deck is not located within an easement, right-of-way, or over a
property line.
,.
,.
~
,..
I .
(10) The provisions of subsection 1101.503 (1 )-(8) shall not apply to the lakeshore or
bluff setbacks required in Section 1104 of the Zoning Ordinance..
1101.504
Fences in Residential Use Districts. Fences may be permitted in required
yards, subject to the following provisions~
(1) The height of fences and walls permitted in required yards shall be limited. The
height shall be measured from the ground level to the top of the fence or wall
section. Fence posts may extend no more than 8 inches above the required height
limit of a fence. In the case where the fence section has variable heights, the
height of the fence shall be the average height. Fence heights shall be limited as
follows:
,.
A fence or wall shall not exceed 6 feet in height if it is located in any side or
rear yard.
A fence or wall may be located in a front yard if the fence or wall does not
exceed 4 feet in height and 50 percent opacity. Fences in the front yard
shall be limited to decorative fences, such as picket fences, split rail fences
and decorative iron fences. Chain link fences are not permitted in the front
yard. _
A fence or wall shall not exceed 8 feet in height if the yard in which it is
placed abuts State Highway 13 or County Roads 21, 42, 82 or 83.
~
,..
,.
City or Prior Lake
AJa\' 1. 1999
IlOl/p35
Deleted: (Amd. ord. 01-tO, pub.
9/8/01)
Deleted: (Amd. ord. 01-10, pub.
9/8/01)
Deleted: . . (amd. Ord. 99-12 - pub.
9/11/99)
Deleted: (amd. Ord. 00-14 - pub.
8/12/00).
Deleted: (Amd. Ord. 04-09,
pub.2/28/04
Deleted: (amd.Ord. 00-07 - pub.
6/10/00)
I .
,. A fence or wall exceeding 8 feet in height may be allowed if placed in any
side or rear yard separating a commercial or industrial use from a
residential use, a school, church or other public building.
,. A fence or wall may exceed 6 feet in height in any side or rear yard when it
is installed as part of a bufferyard, but may not exceed 8 feet in height.
,. A fence or wall in one front yard of any through lot may be at the height
permitted in a rear yard if it complies with all of the provisions of subsection
1101.506, is used as a. rear yard, and the fenced yard used as the rear
yard does not adjoin a yard used as a front yard.
(2)
Where a fence or wall 6 feet in height or less is used as part of an animal kennel or
run, it may not be located in any required side or front yard, and it shall be located
at least 10 feet from any rear lot line.
(3)
Temporary snow fences shall be permitted in any yard from November 1st to April
1st.
(4)
No fence, hedge or wall or visual obstruction of any kind shall be permitted which is
not in compliance with subsection 1101.506.
(5)
Any fence or wall over 6 feet in height constructed as a result of this subsection
shall be constructed of a nonmetallic material and shall be 90% opaque. It shall be
considered a structure, shall require a building permit, and shall meet all Minnesota
State Building Code requirements for a structure.
(6)
(7)
No fence may be located in any public right of way, or public easement.
A fence on a corner lot abutting a collector street shall be subject to the following
conditions:
,. The fence shall not exceed 6 feet in height along the side street lot line.
,. The front yard shall be determined by the location of the garage. The
direction the garage is facing shall be considered the front yard.
For lots with driveway access on a collector street, the fence shall not be
constructed within a sight triangle described as beginning from a point at
the intersection of the extension of the existing curb lines of the street or
pavement edge and driveway, and extending 50 feet along the edge of the
street and along the length of the driveway to the garage front. This defines
two sides of the triangle. The third line is a line connecting the end points of
the two sides described above.
The side street shall be designated as a collector street in the
Comprehensive Plan.
A 6 foot fence shall be located behind the rear corner of the principal
building or detached accessory structure along the front lot line abutting the
collector street.
A 6 foot fence shall maintain a 10 foot setback along the collector street in
front of the rear corner of the principal structure or detached accessory
structure.
The fence shall maintain a 1 foot setback from a trail or sidewalk.
,.
,.
,.
~
,
,.
(8) A zoning permitshall be ob~ained prior to the installation of a fence not excee(jLng
6 feet in height. A site plan showing the location of the fence in relation to the
May I. /999
llOl/p36
City (If Prior Lake
Deleted: (amd. Ord. 03-03, pub.
2/15/03)11
11
property lines shall be submitted with the permit application. A building permit shall
be required for a fence exceeding 6 feet in height.
1101.505
No Sewer and Water. All developments and structures intended for human use
or occupancy shall be connected to the public water supply and sanitary sewer
systems. If a development is proposed for a site which does not have either a
public water supply or sanitary sewer system available adjacent to the property
proposed to be developed, no building permit shall be issued for such development
until adequate provisions have been made by the person proposing the
development to provide a public water supply and sanitary sewer service to the
property. The City shall determine what constitutes adequate water and sewer
service. The City may also require cash or an irrevocable Letter of Credit be
provided to the City in an amount equal to 125% of the estimated costs of
extending public water and sanitary sewer facilities to the subject property.
No Certificate of Occupancy shall be issued until the new structure or development
is connected to the public water supply and sanitary sewer system.
Properties located outside the Metropolitan Urban Service Area on the
Comprehensive Plan and zoned Agricultural or R-S, and properties located on one
of the islands in Prior Lake, are exempt from this subsectionProvision. In these
cases, the developer, property owner and/or builder must receive approval for an
individual septic treatment system and private well from the City or the State Health
Department. No Certificate of Occupancy shall be issued until these systems have
been inspected and approved.
1101.506 Traffic Visibility. No walls, fences, structures, trees, shrubs, vegetation or other
obstructions shall be permitted in any yard when it poses a danger to traffic by
obscuring the view from any street, roadway, or alley; except as provided below.
(1) Visibility from any street or roadway shall be unobstructed above the height of 2
1/2 feet and below 5 feet within the triangle described as beginning from a point at
the intersection of the extension of the existing curb lines of the two streets, and
extending a distance of 50 feet along the edge of each street. This defines two
sides of the triangle. The third side is a line connecting the end points of the two
sides described above.
(2) Visibility from the intersection of any street or roadway and an alley shall be
unobstructed above the height of 2 1/2 feet and below 5 feet within the triangle
described as beginning from a point at the intersection of the extension of the
existing curb lines or pavement edges or if unpaved, the edge of the traveled
surface, of the street and alley, and extending a distance of 15 feet along the edge
of each street. This defines two sides of the triangle. The third side is a line
connecting the end points of the sides described above.
(3) Visibility from the intersection of any two alleys shall be unobstructed above the
height of 2 1/2 feet and below 5 feet within the triangle described as beginning
from a point at the intersection of the extension of the existing curb lines or
pavement edges of the two alleys, and extending a distance of 10 feet along the
edge of each alley. This defines two sides of the triangle. The third side is a line
connecting the end points of the two sides described above.
City "{Pri,,r Lake
MIIY /. /999
llOl/p37
Deleted: (amd. Ord. 03-03, pub.
2/15/03)
[ Formatted: Strikethrough
_..__.--1 J
l L._.._.._..__.____.._._
1
':~cr-..- .--
. I
f i
! i
i I
i '
~ .>.c:_ _.~:._u_
~ "1C.oc;,_.,.....::o...__......
i
1101.507 Pedestrian Access.
(1) Purpose and Effect. A goal of the Comprehensive Plan is to encourage
transportation facilities which adequately consider pedestrian, bicycles and other
non-motorized transportation needs. In order to implement this goal, pedestrian
links need to be incorporated into development.
(2) Required Linkage to Trails. All new residential developments having more than
6 dwelling units and all new non-residential developments shall have pedestrian
and bicycle access to public sidewalks or trails which are existing or identified as
proposed by the Comprehensive Plan, unless there are practical difficulties in
providing such a connection which would impose a hardship on the proposed
development. Practical difficulties may include, but are not limited to steep slopes,
wetlands and lakes.
1101.508 Heiqht Limitations.
(1) Height limitations set forth elsewhere in this Ordinance shall be increased by 50%
when applied to the following structures:
,. Art Objects
,. Belfries
,. Chimneys
,. Church spires
,. Cooling towers
,. Cupolas and domes which do not contain usable space
,. Elevator penthouses
,. Fire and hose towers
,. Flag poles
,. Monuments
,. Observation towers
,. Smokestacks
,. parapot 'N311e oxtonding not moro than 3 foot abovo tho Iil11iting hoight
of tho building.
(2) Parapet walls extendino not more than 3 feet above the limitino heioht of the
buildino.
(3) Water Towers are exempt from height limitations.
City of' Prior Lake
May I. 1999
110 1/p38
Comment [i7]: The Ci.y Atlomey is
reviewing legality.
Comment [is]: The City Atlorney is
reviewing legality.
( Formatted: Strikethrough
1101.509 GradinQ, FillinQ, Land Reclamation, Excavation.
(1) No qradinq, fillinq, land reclamation or excavation shall be permitted without a
qradinq permit approved bv the City Enqineer.
(g) Filling and _L_and RecIClm~tion. Land reclamation involving the fJla~ement of over
400 cubic yards of fill shall be permitted only by Conditional Use Permit in all
districts. The permit application shall include, but is not limited to~
~ A site plan which shows the finished grade of the reclaimed land~
~ A soil analysis of the type of fill material to be used~
~ The proposed use of the land after fill is placed~
~ The inventory of the significant trees on the site~
~ The effect of the proposed reclamation upon the community and the
adjacent land~
~ Tthe type of equipment to be used~
~ The period of time the reclamation operation will be conducted~
~ Plans for implementation of measures to guarantee safety on the site
and on adjacent sites~
~ Plans for rodent and other animal control, fire control, general
maintenance of the site and adjacent area~
~ Provision2 for control of material hauled to or from the site, routes of
trucks moving to and from the site to deposit fill material to the site, and
controls to be employed to limit the effect of wind or other elements on
the fill material.
The Conditional Use Permit shall impose conditions upon the owner of the land to
be reclaimed, the developer and the person doing the land reclamation work which
will ensure that the type of fill used is appropriate for the proposed land use, and
prevent damage to the community and adjacent land owners during the course of
reclamation. Those conditions may impose restrictions in all areas affecting the
reclamation and the City may required a Letter of Credit to insure the performance
of the conditions imposed and the completion of the work in the manner described
in the plan and Conditional Use Permit.
(3) Excavation. Excavation of a material exceeding 400 cubic yards of sand, gravel,
or other material from the land shall be permitted only by Conditional Use Permit.
The permit application shall include, but is not limited to~
~ A site plan which shows the finished grade of the land after the-
excavation has been completed~
~ The effect of the proposed excavation upon the community and the
adjacent land~
~ The type of material to be extracted from the land~
~ The type of equipment to be used~
~ The period of time the excavation operation will be conducted~
~Ians for implementation of measures to guarantee safety of the site
and the excavation operation~
~ Plans for rodent and other animal control, fire control, general
maintenance of the site and adjacent area~
City ,,( Prior Lake
May /. /999
llOl/p39
[ Deleted: 1
Formatted: Bulleted + Level: 1 +
Aligned at: 108 pt + Tab after: 126
pt + Indent at: 126 pt
Formatted: Bulleted + Level: 1 +
Aligned at: 108 pt + Tab after: 126
pt + Indent at: 126 pt
~ Provisions.Provlding for control of material hauled to or from the site,
and controls to be employed to limit the effect of wind or other elements
on the site and the material extracted from the site.
~ A plan which shows the routes of trucks movinq to and from the site to
remove material from the site:
~ An inventory of siqnificant trees on the site. and other pertinent
information necessary to the decision whether to approve the
Conditional Use Permit.
~ - - - -
The Conditional Use Permit shall impose conditions upon the owner of the land to
be excavated and the person performing the excavation operation which will
prevent damage to the community and adjacent landowners during the course of
the excavation operation. Those conditions may impose restrictions in all areas
affecting the excavation operation and the City may require a Letter of Credit to
insure the conditions imposed and the completion of the work will be performed in
the manner described in the plan and Conditional Use Permit. No permit shall be
qranted for a period lonqer than 12 months.
(1) Exception. Grading, filling, land reclamation and excav_ation of more than 400
cubic yards conducted pursuant to a grading plan approved as part of an approved
preliminary or final plat. buildinq permit or demolition permit shall be exempt from
the provisions of this ~ubsection.
I 1101.510 Temporary Uses. The purpose of this ~ubsection is to provide conditions under
which temporary uses may be allowed in order to insure a minimum negative
impact to neighborhoods and neighboring land uses. A structure or land in any
Use District may be used for one or more of the following temporary uses subject
to the conditions stated in this Ordinance. At a minimum. a zoninq permit must be
issued for any temporary use or structure. In certain instances. a buildinq permit
may also be required.
(1) Construction Structures: A temporary building or structure used for office and
equipment storage incidental to an ongoing construction project may be permitted
subject to the following:
a. No construction structure except leasing offices shall be permitted for a
period of time exceeding that necessary !Q..faf constructconctruction of the project.
b. No construction structure shall be located within the drip line of any trees
which are designated to be saved under the approved tree preseNation plan.
c. Construction structures may be located within required yards; but not within
15 feet of any public right-of-way.
d. No construction structure shall be located within an existing buffer yard.
e. All construction structures must be removed before a final occupancy
permit is issued.
Ciry of Prior L"ke
iV!"y /. /999
110 1/p40
( Formatted: Strikethrough
Deleted: '!I
'!I
The permit application shall
include a plan which shows the
routes of trucks moving to and from
the site to remove material from the
site. an inventory of significant trees
on the site, and other pertinent
information necessary to the decision
whether to approve the Conditional
Use Permit. No permit shall be
granted for a period longer than 12
months.'lI
( Deleted: 3
Formatted: Strikethrough
Formatted: Strikethrough
(2) Sales Trailers: A temporary structure within a residential development proiect
for use as a sales or rental office for the units on the same site mav be permitted
subiect to the followino:
a. The sales trailer shall be removed at build-out of the proiect or when a
model home is constructed.
b. No structure shall be located within the drip line of any trees which are
desionated to be saved under the approved tree preservation plan.
c. Sales trailers may be located within required yards; but not within 15 feet of
any public riqht-of-wav.
d. No structure shall be located within an existino buffer yard
e. A paved parkinQ area must be provided for the sales trailer.
f. Approval of a site plan is reouired prior to the placement of any sales
trailer.
(J) On-Site Equipmentand Material Storage:
a. Construction materials shall not be placed on a construction site unless a
valid building permit has been issued for that construction.
b. Construction materials shall not be permitted on site after the completion of
the project.
c. Construction materials may not be located within the drip line of any trees
which are to be saved under the approved tree preservation plan.
d. Construction materials may be located within required yards; but not within
15 feet of any public right-of-way.
e. Any land that will be used to store any equipment or construction materials
stored on site for a period exceeding 120 days shall be screened from view from
any properties within the "R" Use District.
(.1) SeasonalTemporary Structures:
A. Seasonal structures may be used only for uses permitted within the Use
District.
g. SeasonalTompor3ry structures shall not be permitted for a period of time
exceeding 6 months.
f.. SeasonalTompor3ry structure~ shall notbe_permitted within 15 feet of any
public right-of-way.
g., _ No significant trees shall be removed for the placement of a
seasonaltompor3ry structure.
City (If' Prior Lake
May /. /999
llOl/p41
[ Deleted: 2
Deleted: 3
Formatted: Strikethrough
Deleted: a
Formatted: Strikethrough
Deleted: b
Formatted: Strikethrough
Deleted: c
Formatted: Strikethrough
~. Any _lal1dscaping_ material which is displaced by the seasonaltompor3ry
structure shall be replaced upon removal of the temporary structure.
1. SeasonalTompor:HY structur~s shall noj be permijtecj in any required buffer
yards.
q. Approval of a site plan is required prior to the placement of any seaosnal
structures.
(4) Carnivals, Festivals and Promotional Events:
a. Carnivals, festivals and promotional events, not including outdoor concerts,
shall not be permitted for more than 14 days in any calendar year on any given
site.
b. Carnivals, festivals and promotional events shall be permitted within
required front, side or rear yards; except where prohibited under subsection
1101.506. Carnivals, festivals, and promotional events shall not be allowed within
the public right-of-way without a permit issued by the City Manager.
c. Carnivals, festivals and promotional events shall not be permitted within
any required bufferyards.
(5) Temporary Outdoor Sales:
a. Temporary sales shall only be permitted within a "C" or "I" Use District.
b. Temporary outdoor sales areas which do not exceed 100 square feet shall
be permitted. However, no merchandise shall be stored outdoors overnight.
c. Temporary outdoor sales areas which exceed 100 square feet shall be
permitted for a period not to exceed 4 consecutive days or a total of 12 days in any
calendar year.
d. Temporary sales shall be allowed only if associated with a permitted retail
business operating within a building on the site in which the same or similar
merchandise if offered for sale.
e. Temporary sales shall be permitted in required front, side, and rear yards
unless prohibited under subsection 1101.506; however, temporary outdoor sales
shall not be allowed in any required landscaped area or bufferyard or within the
public right-of-way.
(6) Agricultural Commodities:
a. Christmas Tree sales or the sale of other agricultural commodities may be
located within required yards; but not within 15 feet of any public right-of-way or
where prohibited under subsection 1101.506.
b. Shall be permitted on a parcel for not more than 45 days within any
calendar year.
City o(Prior Lake
May /. /999
llOl/p42
Deleted: d
Formatted: Strikethrough
( Deleted: e
( Formatted: Strikethrough
c. Shall not be permitted in any bufferyard.
(7) Pollution Abatement Structures and Equipment:
a. Pollution abatement structures shall be permitted for a period not to exceed
60 months. If the abatement is not completed within 60 months, the period may be
extended by the City provided that a statement is provided to the City which shows
the progress of abatement and an estimate of the length of time needed to
complete the project.
b. Equipment and structures shall not displace required off-street parking.
c. Equipment and structures shall not be located within any required yards:
except where it is demonstrated that no other areas exist on a designated site.
d. Structures shall meet all of the architectural requirements of subsection
1107.2200.
e. Any landscape materials which are displaced as a result of the structure or
equipment shall be replaced when the structure is removed.
f. A Letter of Credit shall be filed before the installation of any structure or
equipment building to assure its removal after pollution abatement is completed
and to insure the replacement of displaced landscape materials.
g. All equipment and structures shall be removed and landscape materials
replaced within 6 months after the completion of the pollution abatement. Pollution
abatement shall be considered to be complete when notice has been received
from the Minnesota Pollution Control Agency stating the abatement has been
completed.
.(8) Temporary Uces in Non Recidential Di~triGtc. Any ueo not othorwieo pormittod
in a non residontial district by tho City'c Zoning Ordinancos may b9 allowod subjoct
to tho following conditione:
3. Tho applic3nt must sot a spocific dato by which tho temporary UCG will bo
tormin3tod. Tho duration of tho ueo may not oxcood 6 monthe.
b. Tho proporty ehall bo 3110Y/od only ono euch tompor3ry UE:O 3t 3 timo.
c. Tho UCG '/Jill not involvo tho conctruction of any now structures, tho ox-torior
altor3tions of any oxieting structuree or 3ny porm3nont 13nd 31toration on thg eito.
d. P3rking for tho uco muet bo loc3tod on tho cito 3nd muet comply with tho
p3rking requiremonts listod in Soction 1107 horein.
o. Usos locatod v.'ithin 3n oxieting building muet comply with 311 3pplic3blo City
ordin3ncos 3nd Stato et3tutos, including, but not limitod to, building codo, fire codo,
and oloctrical codo. Tho applicant muct obtain tho propor pormits prior to
occupancy of tho sito.
City IIr Prillr Lake
May I. 1999
110 l/p43
[ Formatted: Strikethrough
f. RoquOE:tE: for E:uch tompor::lrY UE:OE: '""ill bo procoE:E:od aE: a conditional UE:O
pormit. Tho applicant mUE:t €:Ubmit an application for a conditional UE:O pormit. aE:
outlinod in E:ubE:oction 1108.200 horoin.
g. No tomporarl UE:O '....ill be pormittod if tho u&o ",..ill impoE:o additional COE:tE:
on tho public if it iE: nocoE:E:a!)' for tho public to tako tho proporty in tho futuro.
h. Tho applicant mUE:t agroo in any additional conditionE: that tho City may
doom appropriato at tho timo it grantE: pormiE:E:ion for tho tomporary UE:O.
i. Tho City rOE:OrvOE: tho right to dony a tomporary UE:O if tho City bolio'ioE:
€:Uch U50 iE: incompatiblo 'Nith tho public intoroE:t. Tho City alE:O ro50rvOE: tho right to
change itE: Zoning ordimncoE:. II. change in tho Zoning ordimncoE: may tormimto 3
tomporary U80.
j. Ar, part of tho conditional UE:O pormit for tho tomporary UE:O, tho applicant
and tho ownor of tho proporty mUE:t ontor into a contract with tho City E:otting out
tho terms and conditions of the temporary U8e :md tho ponaltioE: for violation
tho roof.
1101.600: DISTRICTS ESTABLISHED: All land within the City limits shall be assigned to one
of the following Use Districts:
A
R-S
R-1
R-2
.R 3
R-4
C-1
.C 2
C-3
C-3T
C-4
C-5
1-1
SD
FP
Agricultural
Rural Subdivisions
Low-Density Residential
.hew-tG-Medium-Density Residential
Modium DonE:ity ROE:idontial
High-Density Residential
Neighborhood Business
c::ommlJl1ity BUE:inoE:E:
.Town Center
Transitional Town Center
General Business
Business Park
General Industrial
Shoreland
Flood District
May I. 1999
11 0 lIp44
City o/Prior Lake
Formatted: Strikethrough
Formatted: Strikethrough
[ Formatted: Strikethrough
[ Deleted: Specialty Business
I
1101.700: ZONING MAP: The boundaries of the above listed Use Districts are shown on the
Zoning Map as may be amended from time to time. The map and all amendments
shall be certified by the Planning Director and maintained in the offices of the City
Planning Department. The map shall be referred to in this Ordinance as the
"Zoning Map" or "map". The map and all of the notations, references and other
information shown on it shall have the same force and effect as if fully set forth in
this Ordinance and are hereby made a part of this Ordinance by reference.,
1101.800: BOUNDARIES: Use District boundary lines indicated on the Zoning Map follow lot
lines, the center lines of streets or alleys projected, railroad right-of-way lines, the
center of watercourses, or the corporate limit lines as they exist upon the effective
date of this Ordinance. If Use District boundary lines do not follow any of the
above-described lines, the Use District boundary lines are established as drawn on
the Official Zoning Map. Where a Use District boundary line divides a lot of record
which was in single ownership at the time of enactment of this Ordinance and
places portions of such lot of record in 2 or more Use Districts, any portion of such
lot within 50 feet on either side of dividing district boundary line may be used for
any use permitted in either Use District. If the lot shall be wider than the 50 foot
limitation, the Use District line as shown shall prevail.
1101.801 Desiqnation of Annexed Property, Zoninq of land. land areas which may be
added to the City by annexation, merger, or other means shall be classified as R-1
(Low Density Residentia~ on the City Zoning Map upon annexation.
1101.802 Desicmation of Annexed Property. Floodwav and Flood Plain. Property which
is annexed to the City by any means or process and which is located within a
designated Special Flood Hazard Area inundated by the 100 year flood on the
adopted Flood Insurance Rate Map for Scott County, Minnesota, dated February
19,1987, and any amendment thereto, shall be designated as FP (Flood District).
1101.803
Desiqnation of Annexed Property, Shoreland District. Property which is
annexed to the City by any means or process and which is located within 1000 feet
of the Ordinary High Water Mark of a lake, pond or flowage, or within 300 feet from
a river or stream shall be designated as Shore land District.
I ,
1101.900: USES NOT LISTED: Any person seeking to establish a use of land or a building
which is not specifically listed in any of the use categories in this Ordinance may
ask the Zoning Administrator which category of use shall be applied. The Zoning
Administrator's decision will establish whether the proposed use is permitted under
any of the categories in this Ordinance. The Zoning Administrator shall consider
functional similarities between uses listed in the Ordinance and the proposed use
including nuisance characteristics, traffic, appearance and mode and hours of
operation in making this determination. The determination of the Zoning
Administrator shall be in writing and shall include a statement whether the use is
"permitted", "permitted with conditions", "permitted as a conditional use" or
"permitted as an accessory use". If the Zoning Administrator determines that the
proposed use is not permitted under any category, that conclusion shall be stated
in the written determination.
City ,,{Prior Lake
Mill' /. /999
llOl/p45
Deleted: (Official Map amd. by Ord.
99-07 - pub. 7/10/99, Ord. 99-10-
pub. 8/21/99, Ord. 99-16 - pub.
12/23/99, Ord. 00-16 - pub. 8/12/00,
Ord. 00-17 - pub. 8/12/00, Ord. 00-21
- pub. 9/9/00, Ord. 00-23 - pub.
9/23/00. Ord. 01-01- pub. 3/3/01,
Ord. 01-03-pub. 4/7/01, Ord. 01-05
- pub. 6/23/01; Ord. 02-02 - pub.
4/6/02; Ord. 02.03 - 4/6/02; Ord. 02-
07 - pub. 6/29/02; Ord. 02-08 - pub.
6/29/02; Ord. 03-03 - pub. 4/15/03;
Ord. 03-05 - pub. 4/28/03; Ord. 03-08
- pub. 8/28/03; Ord. 03-10 - pub.
7/28/03; Ord. 03.16- pub. 11/15/03;
Ord. 03-17 - pub. 1/24/04; Ord. 04-04
- pub. 1/10/04; Ord. 04-05-
pub.217/04; Ord 04-12 - pub. 3/6/04;
Ord. 04.15 - pub. 4/17/04; Ord. 04-16
- pub.4/17/04; Ord. 04-20 - pub.
5/29/04; Ord 105-03, pub. 3/5/05;
Ord. 04-30, pub. 3/12/05; Ord. 105-
13, pub. 617/05;11
Ord. 105-15, pub 6/25/05; Ord. 105-
19, pub 7/23/05; Ord 105.26, pub
12/10/05; Ord 106-05, pub 4/1/06;
Ord 106-07. pub 5/20/06) (Ord 106-
08, pub 10/7/06) (Ord 107-02, pub
1/13/07)11
Deleted: . . (Ord. 04-06 - pub.
020704)'11
'II
Any decision of the Zoning Administrator determining Use District boundaries or
permitted land uses may be appealed to the Board of Adjustment under the
provisions of subsection 1109.300.
1101.1000: LAND USE DESCRIPTIONS: The land use categories permitted by this Ordinance
are described in this ~ubses;!i<?~. Subsection 1109.102 empowers the ZOrling
Administrator to make interpretations identifying which land use category a
proposed land use fits within.
Adult Day Care. A facility that provides care to adults on a reoular basis for
periods of less than 24 hours in a structure which is not the residence of the facility
operator. Some characteristics of this use are similar to Family Day Care and
Nursino Homes. This use is appropriate in Commercial Use Districts provided
there is accessibility to outdoor areas for sittino and exercise. Persons served by
an adult day care facility are most like nursino home residents or individuals with
developmental disabilities or challenoes.
Agriculture. Establishments engagep in the production of crops. plants or vines,
including forestry. The term also applies to establishments in existence on the
effective date of the Ordinance which are engaged in the keeping, grazing or
feeding of livestock.
Aaricultural Commodities Sales. The temporary display and sale of flowers,
produce and Christmas trees and other oreens which are associated with
Christmas.
Animal Handlina. The sale. boardino, treatment and care of privately owned
small animal pets: may include doos. cats. fish, reptiles and other mammals but
excludino laroe animals such as horses. farm animals (includino ostriches) or
animals raised for slauohter. Characteristics may include special refuse. storaoe.
noise. odor and other nuisance characteristics.
Animal Kennel. Any premises where 4 or more animals are owned, boarded,
bred or offered for sale.
Appliance, Small Enaine and Bicycle Repair. Maintenance and repair of
appliances, small enoines. bicycles and similar items. Characteristics include
some outdoor activity and noise.
Auto Body/Paintina. A facility for paintino, straiohtenino, replacino and repairino
the frame and body parts of motor vehicles usually damaoed as result of an
accident or as a result of exposure to the elements: it includes the outdoor storaoe
of damaoed and dismantled vehicles. and may oenerate odor and noise: this use
excludes iunkyards and automobile wreckino yards.
Automatic Car Wash. A facility desioned to wash automobiles and Iioht trucks
with little or no human intervention. The facilitv utilizes automated eouipment and
wash cycles are relatively short. These facilities are typically accessory to other
automotive related land uses and may sporadicallv cause conoestion on its site.
City (If Prillr Lake
May /. /999
110l/p46
( Deleted: s
Comment [j9]: The Land Use
descriptions have been reananged in
alphabetical order.
Deleted:. . The following are
definitions of the Agricultural Uses
referred to in this Ordinance:~
~
Bank. A facility for the deposit. manaqement and lendinq of monev, frequentlv
with accessory drive-up facility. This use includes banks and savinqs and loans
but not insurance companies and stock brokeraqe firms. Characteristics mav
include hiqh peak hour traffic on certain davs.
Bar. A facilitv where the primary use is the sale of alcoholic beveraqes for
consumption on the premises. Minors are excluded from entry bv law.
Characteristics include late hours, hiqh parkinq demand, noise, trash and litter and
heaw off-peak traffic. Use is often found in coniunction with restaurants, hotels
and niqht clubs.
Bed and Breakfast Establishment. A private, owner-occupied residence with
quest rooms where temporary lodqinq facilities and some meals are provided to
pavinq lodqers within sinqle familv or two familv dwellinqs. The lodqinq is
subordinate and incidental to the main residential use of the buildinq. Indoor
recreational facilities for the use of the residents and pavinq lodqers mav be
included.
BuildinQ Construction Structures. A structure used bv a contractor or leasinq
aqent as an office or for storaqe purposes for a construction proiect for which a
buildinq permit has been secured and is in effect; this use includes construction
trailers, sales and leasinq.
Businessffrade Schools. A Facilitv servinq adults and sometimes hiqh school
aqe persons which provides specialized education to develop a skill to prepare for
a specific iob. Equipment or processinq which simulates an industrial or
commercial work settinq mav be included.
Business Services. Establishments primarilv enqaqed in renderinq services to
business establishments on a fee or contract basis, such as advertisinq and
mailinq, buildinq maintenance, emplovment services, manaqement and consultinq
services, protective services, equipment rental and leasinq, commercial research,
development and testinq, photo finishinq and personal supplv services.
Carnivals. Festivals and Promotional Events. Tents and stands used for
entertainment. displav and sale of food and merchandise, and amusement rides
permitted for a period not exceedina fourteen davs.
Club/LodQe. A facilitv operated bv an association of persons primarilv not for
profit where social, education, recreational or dininq activities are provided.
Services provided are not customarilv carried on as a business and mav include
dininq, consumption of alcoholic beveraqes, dancinq, leqal qamblinq, and
meetinqs. Characteristics mav include late hours, hiqh parkinq demand, noise and
heaw off-peak traffic.
Cluster HousinQ. Dwellinq units attached in a sinqle structure, each havinq a
separate private outdoor entrance. Dwellinq units mav be located on individual lots
or on a lot in common. Density shall not exceed that of the applicable zoninq
district. Characteristics mav include a larqer buildinq mass and scale and larqer
concentrations of paved surfaces than sinqle familv detached dwellinqs.
May /. /999
llOl/p47
City lit' Prillr Lake
I
____I
Commercial Recreation. Includes low-intensity uses that can function without
municipal sewer or water. and usually reauire a larae amount of open space. Such
uses may be seasonal or temporary in nature. Includes uses such as fairs.
aaricultural exhibits. tractor pulls. shootina ranqes and private airports. but does
not include amusement parks. water slides or combat aames.
Community Centers. A place. structure. area or other facility which is open to the
public and desiqned to accommodate and serve siqnificant seaments of the
community and which is used for educational. reliaious. fraternal. social and
recreational proqrams. This use may include accessory food service and
accessory retail shops.
Contractors Yard: Any land used primarily for the storaae of eauipment.
vehicles. machinery (new or used). buildina materials. paints. pipe. or electrical
components used by the owner or occupant of the premises in the conduct of
any buildina trade or craft.
Convention and Exhibition Center. A facility providinq larae and small meetina
rooms for the assembly of persons and the display of products and information; it
may include banquet kitchens and facilities. Characteristics include heavy parkinq
and loadinq area reauirements and larae scale buildinas.
Country Club. A qolf course and associated clubhouse which may contain in
addition to locker and shower rooms. dinina and bar facilities. meetina rooms and
other spaces for larqe social functions. Typically open only to members and
characteristics may include siqnificant trip aeneration on eveninqs and weekends.
Dry CleaninQ. LaunderinQ with Route Pick-up and Delivery. A facility where
clothina. diapers or other fabrics are cleaned by dry cleanina or launderinq
processes. Materials to be cleaned may be brouqht to the site either by pick-up
and delivery trucks operated as part of the business or by customers who drop off
and pick up their own materials to be cleaned. The use may include the storaae of
delivery vehicles on the site.
Elderly HousinQ. A development intended and operated for occupancy by at
least one person 55 years of aae or older per unit. provided that (a) at least 80
percent of the units are occupied by at least one person 55 years of aae or older
per unit: and (b) there is publication of. and adherence to. policies and procedures
that demonstrate an intent by the owner or manaqer to provide housinq for
persons 55 years of aqe or older.
Education/Academic. Public - Neiqhborhood or district based education services
normally provided to children throuah younq adult aqe; the use may include
eveninq or off-hour service to adults in the community. This use qenerally includes
an accessory food service and some retail facilities to serve students and facility.
Private - Community or reaional based education service normally provided to
persons throuqh youna adult aqe: facilities similar to public education facilities
above.
Family Day Care. A facility that provides care. protection and supervision of
children in a private residence for periods of less than 24 hours for a fee. The size
of the outdoor play area. the maximum number of children who may be served.
Ciry of' Prior Lake
May /. /999
11 0 l/p48
------- --------~ - ---------------------_._._-~----~. -----~-~----~----- --
and the number and qualifications of required outside teachers or helpers are set
forth in Minnesota State Statutes which may be amended from time to time. This
use mav be licensed by other aqencies. It qenerates about 4 vehicle trips per child
per day.
Food Service. The sale of food and beveraqes which are prepared and served in
individual portions in a ready to consume state for consumption off-site: includes
seatinq for not more than 10 persons. Characteristics may include truck and
vehicle traffic, cookinq odors and refuse. The preferred location is on maior
thorouqhfares with no access to local residential streets. This use is often found in
coniunction with motor fuel stations and qrocerv stores.
Freiaht Terminal. Short-term storaqe and transshipment of materials and the
outdoor storaqe of trucks and related equipment. Characteristics include hiqh
volumes of larqe truck traffic.
Funeral Home. A facility where funeral services are held and where embalminq
and other processes occur in preparation of the deceased for burial: it may include
the storaqe of caskets, funeral urns and other related funeral supplies. and it
usually provides vehicles to transport the deceased to the place of burial. This use
does not include a crematorium. Characteristics include intermittent periods of
hiqh traffic qeneration.
Golf Course. A facility for playinq qolf outdoors which consists of qolf holes.
clubhouse facilities which may contain lockers. shower rooms and incidental sale
of qolf related items, and off-street parkinq facilities.
Group Dav Care/Nursery School. A non-residential facility where child care.
protection and supervision services are provided for a fee on a reqular basis for
periods of less than 24 hours. This use requires a larqe. sensitively located
outdoor play area and it qenerates about four vehicle trips per child per day.
Group Home - Non-Statutory. Occupancy of a residential structure by persons in
need of specialized protection and resident staff who usually live toqether as a
housekeepina unit for a limited period of time. This use mav include outpatient
qroup counselinq, some supervision, forced detention, treatment for mental illness
and chemical addiction. protective shelter. half-way house, and release proqrams.
The facility may be licensed by the State but is not mandated.
Heliport. A facility for the landinq. takinq off. basinq, service. and repair of
helicopters used for transportation purposes. Characteristics include noise and the
outdoor storaqe of helicopters.
Helistop. A facility for the landinq and takinq off of helicopters used for
transportation purposes but with no facilities for the service of helicopters.
Characteristics include intermittent periods of noise.
Home Occupations. An occupation. profession. or activity requirinq a permit from
the City which provides qainful employment of a resident of a dwellinq unit. which
is clearly an incidental and subordinate use to the residential use, and which does
not alter the exterior of the property or affect the residential character of the
neiqhborhood. Auto body paintinq. motor vehicle sales, motor vehicle service and
May 1. 1999
llOl/p49
City o( Prior Lake
repair. retail sales. massaqe. medical/dental office. animal handlinq. beauty and
barbershop. warehouse/storaqe and manufacturinq/processinq do not qualify as
home occupations.
Hos"ital. A facility which provides health services primarily for human inpatient
medical or surqical care: includinq related facilities, such as laboratories. outpatient
departments. traininq facilities, central service facilities and staff offices.
Characteristics include larqe institutionally desioned buildinqs, larqe volumes of
traffic. larqe parkinq lots or ramps, 24-hour activity. service vehicles. larqe
quantities of waste. and emerqency vehicles.
Hotel/Motel. Facilities which provide ovemioht lodqinq in individual rooms or
suites of rooms, each havinq a private bathroom. which are rented by day or week;
may include in-room or in-suite kitchens and recreational facilities for use by
lodqers. Restaurants, banquet rooms. arcades. fitness centers and other facilities
available to non-Iodqers are not considered accessory uses.
In Vehicle Sales or Service. Sales or service to persons in vehicles; it may
include drive-in. drive-up and drive-throuoh facilities: but does not include motor
fuel stations. Characteristics include hiqh traffic volumes durinq the tvpical peak
hour traffic period.
Librarv. A facility where collections of books and other materials are housed in a
buildinq which is open to the public durino reoularly scheduled hours which may
include weekend days and eveninqs. Books and other materials may be available
for loan. Characteristics may include hiqh parkinq demand and hiqh traffic
qeneration.
ManufacturinQ/Processina. A facility for the production of a physical commodity
or chanqinq the form of a raw inqredient: it may include administrative offices,
warehousino. and limited distribution and outlet sale of a commodity.
Characteristics may include heaw truck traffic. odor and noise of processes and
equipment, refuse storaqe issues, and the use of toxic and hazardous materials.
Concrete plants, iunkyards. slauqhter houses, renderinq plants. salvaqe yards. and
auto reduction plants are excluded.
Marina. A commercial establishment adiacent to a naviqable lake providinq
moorinqs. docks and/or slips for boats. It may also offer supplies and services
accessory to the principal use.
MedicalIDental Laboratories. Facilities in which individually produced and made
to order medical and dental prosthetics are created for the specific needs of
specific individuals. Characteristics may include hours of operation of 7:00 a.m. to
6:00 p.m.: dailv deliveries to and from the facilities by car, van or liqht truck;
minimal heaw truck traffic; no use of outside storaqe and occasional visitation of
facilities by customers needinq specialized attention as to the make-up and fit of
their specific prosthetic.
MedicalIDental Office. A facility which provides direct delivery of health related
examination and services or treatment to individuals on an appointment or walk-in
basis: and includes counselinq, consultation, chiropractic and podiatry. The use
May /. /999
110l/p50
City u/Priur Lake
may include a supportina retail component for medicine. health related food. or
other product.
Motor Fuel Stations. A retail facilitv which supplies and dispenses motor fuels
directlv into a motor vehicle: it also includes the sale of lubricants. batteries. tires
and motor vehicle accessories. and may also include the sale of food. beveraaes.
etc. Motor fuels may be self-serve or dispensed bv an attendant. Liaht
maintenance activities to vehicles includina enaine tune-ups. lubrication. repairs.
and carburetor cleanina may also be conducted. Characteristics include outdoor
activity. hiah traffic aeneration and extended hours of operation. This use excludes
heaw automobile repair includina. but not limited to. enaine overhauls. automobile
paintina. and bod v work.
Motor Vehicle Sales. Displav. sale and rental of automobiles. trucks. watercraft
and recreational vehicles outside of an enclosed buildina: motor vehicle service
and repair often occur in coniunction with this use. Characteristics may include
outdoor activity. banners and liahts for promotion and advertisina. outdoor sound
systems. truck deliveries. niaht and weekend operatina hours. and test drivina on
nearby streets.
Motor Vehicle Service and Repair. Repair. lubrication. washina. detailina.
eauipment installation. enaine overhauls. and other similar uses involvina
automobiles. trucks and recreational vehicles. Characteristics may include the
storaae of vehicles. truck traffic. niaht and weekend operatina hours: motor fuel
stations and auto bodv/paintina are excluded.
Multip/e-Familv Dwel/inQ. More than two dwellina units contained within a sinale
structure. where each has an entrance off a hallwav or balconv in common with at
least one other dwellina unit. Buildinas tend to be massive in scale and
institutional in appearance. Other characteristics may include hiah density. larae
parkina lots and hiah traffic aeneration of roads in the land area occupied bv this
use.
Museums/Art Galleries. A facilitv which houses collectibles. collections of
artifacts. paintinas or sculptures in a buildina which is open to the public durina
reaularlv scheduled hours which may include weekend days and eveninas.
Nurseries and Greenhouses. Establishments primarily engaged in providing
services related to or conducting the sale at retail of horticulture and floriculture
products. These enterprises typically produce their own stock, unlike a garden
center which imports the products it sells at retail.
NursinQ Home. A health care facilitv licensed bv the State that provides lodaina
and 24-hour care for medicallv or phvsicallv impaired persons usuallv on a lona
term basis. Residents of the facilitv do not have private apartments or kitchens.
This use includes a food service and may include supportina medical and retail
services for the residents. A auiet area is preferred and useable outdoor open
space is reauired.
Office. A facilitv in which the handlina of information or the performina of
administrative services is conducted: it includes services provided to persons both
on-site and off-site on a walk-in or appointment basis such as counselina or
,Hay /. /999
I 10 I/pS I
City of Prior Lake
indirect or non-personal service such as real estate, travel aoencies. financial
aoencies, insurance offices and professional offices. Excludes hospitals or other
medical facilities: except it may include UP to a maximum of 10% of the oross floor
area in medical or dental offices. Characteristics include hioh peak period traffic
oeneration and 8:00 a.m. to 5:00 p.m. hours of operation.
Office Warehouse. A facilitv in which the handlinq of information or the
performino of administrative services is conducted in conjunction with receivino,
holdino, shippinq and occasional packaoino of commodities. Characteristics
include hiqh peak period traffic oeneration and 8:00 a.m. to 5:00 p.m. hours of
operation. hioh truck traffic qeneration and parkino demand.
On-Site EQuipment StoraQe. Any structure or outdoor storaoe area desioned for
the on-site storaoe of construction eouipment and materials for an active
construction proiect.
Outdoor Sales. The display and sale or rental of merchandise or eouipment
outside of an enclosed buildino: may include boat sales, canoe sales. nursery
sales. lumber sales: but it excludes the sale of motor vehicles.
Outdoor Sales - Temporary. The display and sale of merchandise other than
aoricultural commodities outside of an enclosed buildino where it is offered in
conjunction with an established use that leoally sells the same or similar
merchandise within a buildino on the same site. Characteristics include the use of
tents. trailers, or other temporary structures.
Outdoor StoraQe. The receivino. keepino and shippino of ooods and materials
outside of an enclosed buildino where outdoor activity includes only the unloadino,
loadino, and keepino of materials; may include storaoe yards for contractors.
eouipment, lumber, landscapino materials, construction materials and shippino
materials and containers. Storaoe of unlicensed or inoperable vehicles or other
materials typically associated with a junkyard. salvaoe yard or auto reduction plant
are excluded.
Parcel Delivery Service/Post Office. A facility for the transhipment of letters and
packaoes oenerally less than 100 pounds in weioht. Customers may purchase
stamps, money orders, insurance. and other mail services. Hours of operation are
similar to those of offices, but may include Saturdays. Characteristics include hioh
volumes of truck and automobile traffic and vehicles stored on premises overnioht.
ParkinQ Lots. Surfaced and improved oround surface areas used for the parkino
of licensed and operable motor vehicles for periods of less than 24 hours.
ParkinQ Ramp. A structure built for the storaoe of licensed. operable motor
vehicles for periods of less than 24 hours. Characteristics may include noise.
exhaust fume odor, heaw traffic and laroe structure mass and footprint.
Parks/Open Space. Passive recreation includino hi kino trails. natural areas. wild
life areas, arboretums, open qrass areas and tot lots.
,litay /. /999
llOl/p52
City or Prior Lake
Park/Recreation. Active outdoor recreation activities such as baseball diamonds,
tennis courts, basketball courts, play fields, playqrounds, outdoor swimminq pools,
fitness courses and drivinq ranqes.
Personal Use Airport. A restricted airport intended for the personal use of the
owner of the airport and meetinq the criteria of Minnesota Rules 8800.2200.
Police/Fire Stations. Activities desiqned to serve the public health and safety:
may include an office component, storaqe of fire trucks, police cars and
equipment, and the boardinq of personnel within an enclosed buildinq.
Characteristics may include sporadic periods of loud noise, sirens, and activity.
Pollution Abatement Eauioment. Equipment and structures that are erected or
installed on property for the purpose of eliminatinq or abatinq qround or water
pollution.
Printina ProcesslSuoolv. A facility in which retail oriented qraphic and
photoqraphic reproductive services are conducted. This does not include industrial
operations where printinq is of a commercial nature.
Private Entertainment (Indoor). Entertainment services provided entirely within
an enclosed buildinq; it includes theaters, health or fitness centers, bowlinq alleys,
arcades, roller rinks, and pool halls. Characteristics may include late operatinq
hours, outdoor liqhtinq, noise, and traffic.
Public Service Structure. Facilities which include water towers, utility and public
service related distribution facilities: and waste water and storm drainaqe
structures. but exclude utility substations. These facilities are normally serviced by
small trucks several times per day and by larqer vehicles or equipment on a
periodic basis. Associated buildinqs typically have larqe windowless walls and an
institutional appearance.
Recvclina Ooeration. A facility located within an enclosed buildinq for the
collection, sortinq, temporary storaqe, and shipment of recoverable resources
includinq, but not limited to, newspapers, cardboard. qlassware. metal cans and
plastic.
Reliqious Institutions. A facility where people qather to relate or manifest faithful
devotion to an acknowledqed ultimate reality or deity. This use is characterized by
meetinq rooms, education and traininq practice, indoor activities, intermittent
parkinq needs. qroup sinqinq or chantinq and music. The assembly typically
meets on weekends or eveninqs. The buildinq may be utilized at other times for
meetinqs and other activities. Accessory uses which frequentlv accompanv the
principal use include day care and park and ride.
Research and Testina Laboratories. Establishments or other facilities for
carrvinq on investiqation in natural or phvsical sciences, or enqineerinq and
development as an extension of investiqation with the obiective of creatinq end
proiects, on a contractual or fee basis.
Restaurants. An establishment whose principal business is the sale of food and
beveraqes which are prepared and served in individual portions in a ready to
May /. /999
110l/p53
City o{Prior Lake
consume state for consumption on site. This use is often found in coni unction with
bars, hotels and food service. It is preferably located on maior thorouqhfares with
no access to residential streets. Characteristics include late hours of operation,
refuse. hiqh car and truck traffic qeneration. and cookinq odors. A food service or
deli is not considered to be a restaurant if seatinq is provided for ten or fewer
persons.
Retail. A facility where merchandise or equipment is displayed, rented or sold and
where delivery of merchandise or equipment to the ultimate consumer is made;
includes limited production. repair or processinq as an accessory use. Hours of
operation qenerally beqin after a.m. peak traffic period and extend to time ranqes
from 5:00 p.m. to 10:00 p.m.; althouqh some convenience stores and qrocery
stores are open 24 hours per day. Characteristics include hiqh parkinq demand
and hiqh off-peak traffic qeneration: prefers hiqh visibility and access to maior
thorouqhfares. This use includes but is not limited to camera shops. clothinq
stores, department stores. qrocery stores. video stores. discount stores, iewelry
stores, liquor stores. delicatessens, retail bakeries. tOY stores; but excludes
restaurants. bars. motor vehicle sales, and motor fuel stations.
Roomina House. A buildinq where lodqinq is provided for between 3 and 8
persons and is the primary residence of the owner. Lodqinq is available on an
extended basis rather than daily or weeklv. No provision for cookinq is provided in
any of the rooms by lodqers.
Service. On-site service provided directly to an individual; includes barber shops,
beauty shops. massaqe parlors, laundromats. shoe repair shops. and dry cleaners
where articles to be cleaned are picked UP and delivered by the patron.
ShoDDina Center. A qroup of commercial uses planned. developed and/or
manaqed as a unit which has common parkinq facilities and contains a minimum of
50,000 square feet of total floor area. Shoppinq centers may include more than
one buildinq and more than one contiquous property. Theaters and restaurants
with liquor which locate within shoppinq centers will be considered separate
principal uses for establishinq parkinq requirements.
Showroom. The displav of merchandise and equipment and its sale to a
customer where delivery of purchased merchandise is made directly to the ultimate
consumer from a warehouse. Merchandise or equipment which is sold are
typically larqe bulky items and include furniture, appliances. plumbinq fixtures,
liqhtinq and carpetinq. Characteristics include hours of operation between 9:00
a.m. and 9:00 p.m. weekdays and durinq some weekend hours.
Single-Family Dwelling. Fully detachecj dwe!ling located on an individual lot and
intended for occupancy by a single family.
State Licensed Residential Facility. A State licensed and mandated residential
facility occupied by persons in need of specialized treatment or protection and
resident staff who live toqether as a sinqle housekeepinq unit. usually for a limited
period of time. The use includes outpatient qroup counselinq, some supervision
and treatment proqrams. The maximum number of clients served is specified by
Minnesota State Statute. Persons served may include the developmentally
disabled or challenqed and severely physically handicapped.
May /. /999
llOl/p54
Cityof' Prior Lake
Deleted:. The following are
definitions of the Residential Uses
referred to in this Ordinance:1]
1]
Studio. A facility where the practice or study of the visual and audio arts occurs:
may include paintina. sculpturina. photoaraphy. recordina. radio and television
studios. This use also includes dance studios and studios for the martial arts. This
use does not include larae industrial photoaraphy or printina processes.
Temporary Structures. A buildina other than a construction structure used for a
period not exceedina six months.
Transportation, ParkinQ. and StoraQe Facility: Any lot or land area used for
the storaae or layover of passenaer buses. motor coaches. rental vehicles. taxis.
van pools. rental movina vehicles. or similar (typically includes parkina. storaae
of vehicles. and may include some maintenance). Parkina of cars/vans/pickups
that are accessory to a primary use would be exempt from the above definition.
T~o-Fami/y Dwelling. Two dy"'elling _ unJts attached in a si':lgle structure. each
having a separate outside entrance. Dwelling units may be located on individual
lots or on a lot in common.
I . Utility Substations. A structure of electrical components_ to transform high
voltage electricity into lesser voltages to make suitable for distribution to end users.
The use consists of a large structure and numerous power lines which are difficult
to screen. This use has minimal outdoor activity and traffic generation.
I . Warehouse/Storage. A facility}or receiving. holding. shipping and occasional
packaging of commodities. With the exception of loading and unloading of
commodities. and parking and storage of trailers, all functions shall be within an
enclose:d building. Characteristics may include high truck traffic and low parking
demand. This use may include, but is not limited to. conventional warehouse
facilities. mini-storage, and joint warehouse and storage facilities.
Wholesale Use. Establishments enaaaed primarily in sellina merchandise to
retailers. or to industrial. commercial or professional business customers. or to
other wholesalers or on a mail order basis to individuals or firms. or which serve as
aaents or brokers buyina merchandise for. or sellina merchandise to. individuals
and companies.
1101.1100: REGULATION OF COMPETITION MOTORCYLES: The unrestricted use of
competition motorcycles creates a disturbance by reason of excessive noise and
dust and interrupts the peaceful enjoyment of property in proximity to the use of
such vehicles. Therefore, these regulations are intended to limit the adverse
consequences of such use while allowing their use under specified conditions.
1101.1101 Definition of Competition Motorcycles: Any motorcycle that is designed and
marketed solely for use in closed course competition events and is subject to the
labeling requirements of 40CFR Volume 16, Parts 190-259. Section 205.158.
Each such motorcycle shall carry a label which reads "This desianed for closed
course competition only. It does not conform to U.S. EPA motorcycle noise
standards".
City 4 Prillr Lake
Mav I. 1999
11 0 lIp55
Deleted: . . Cluster Housing.
Dwelling units attached in a single
structure. each having a separate
private outdoor entrance. Dwelling
units may be located on individual
lots or on a lot in common. Density
shall not exceed that of the applicable
zoning district. Characteristics may
include a larger building mass and
scale and larger concentrations of
paved surfaces than single family
detached dwellings.1]
1]
Deleted: . Multiple-Family
Dwelling. More than two dwelling
units contained within a single
structure, where each has an
entrance off a hallway or balcony in
common with at least one other
dwelling unit. Buildings tend to be
massive in scale and institutional in
appearance. Other characteristics
may include high density, large
parking lots and high traffic
generation of roads in the land area
occupied by this use.1]
1]
Elderly Housing. A development
intended and operated for occupancy
by at least one person 55 years of
age or older per unit, provided that (a)
at least 80 percent of the units are
occupied by at least one person 55
years of age Ot older per unit; and (b)
there is publication of, and adherence
to. policies and procedures tha' ... f11
Deleted: Golf Course. A facility
for playing golf outdoors which
consists of golf holes, clubhouse
facilities which may contain lockers,
shower rooms and incidental sale of
golf related items, and off-street
parking facilities.1]
11
Country Club. A golf course and
associated clubhouse which may
contain in addition to locker and
shower rooms, dining and bar
facilities, meeting rooms and other
spaces for large social functions.
Typically open only to members and
characteristics may include significant
trip generation on evenings an( ...ill
Deleted: . . The following are
definitions of the Transportation Uses
referred to in this Ordinance:1]
11
Heliport. A facility for the
landing, taking off, basing, service,
and repair of helicopters used for
transportation purposes.
Characteristics include noise and the
outdoor storage of helicopters.11
1]
Helistop. A facility for the landing
and taking off of helicopters used for
transportation purposes but with no
facilities for the service of helicopters.
Characteristics include intermittent
periods of noise.1] ... f3f
1101.1102
I .
Operation of Competition Motorcvcles: No competition motorcycle shall be
operated within the City limits within 1,000 feet of a residential structure or
property zoned R-S, R-1, R-2, R-3 or R-4.
Ma\' I. 1999
110l/p56
City "(Pri,,,. Lake
Deleted: (Sections 1101.1100,
1101. ltOl and 1101.1102 - adopled
by Ord. 99-11 - pub. 9/11/99).11
Page 55: [1] Deleted Jane 11/11/2007 1:30:00 PM
Multiple-Family Dwelling. More than two dwelling units contained within a
single structure, where each has an entrance off a hallway or balcony in
common with at least one other dwelling unit. Buildings tend to be massive
in scale and institutional in appearance. Other characteristics may include
high density, large parking lots and high traffic generation of roads in the
land area occupied by this use.
Elderly Housing. A development intended and operated for occupancy by
at least one person 55 years of age or older per unit, provided that (a) at
least 80 percent of the units are occupied by at least one person 55 years
of age or older per unit; and (b) there is publication of, and adherence to,
policies and procedures that demonstrate an intent by the owner or
manager to provide housing for persons 55 years of age or older. (amd.
ord. 01-10, pub. 9/8/01)
Rooming House. A building where lodging is provided for between 3 and
8 persons and is the primary residence of the owner. Lodging is available
on an extended basis rather than daily or weekly. No provision for cooking
is provided in any of the rooms by lodgers.
The following are definitions of the Human Care Uses referred to in this
Ordinance:
Adult Day Care. A facility that provides care to adults on a regular basis
for periods of less than 24 hours in a structure which is not the residence of
the facility operator. Some characteristics of this use are similar to Family
Day Care and Nursing Homes. This use is appropriate in Commercial Use
Districts provided there is accessibility to outdoor areas for sitting and
exercise. Persons served by an adult day care facility are most like nursing
home residents or individuals with developmental disabilities or challenges.
Family Day Care. A facility that provides care, protection and supervision
of children in a private residence for periods of less than 24 hours for a fee.
The size of the outdoor play area, the maximum number of children who
may be served, and the number and qualifications of required outside
teachers or helpers are set forth in Minnesota State Statutes which may be
amended from time to time. This use may be licensed by other agencies.
It generates about 4 vehicle trips per child per day.
Group Day Care/Nursery School. A non-residential facility where child
care, protection and supervision services are provided for a fee on a
regular basis for periods of less than 24 hours. This use requires a large,
sensitively located outdoor play area and it generates about four vehicle
trips per child per day.
State Licensed Residential Facility. A State licensed and mandated
residential facility occupied by persons in need of specialized treatment or
protection and resident staff who live together as a single housekeeping
unit, usually for a limited period of time. The use includes outpatient group
counseling, some supervisIon and treatment programs. The maximum
number of clients served is specified by Minnesota State Statute. Persons
served may include the developmentally disabled or challenged and
severely physically handicapped.
Group Home - Non-Statutory. Occupancy of a residential structure by
persons in need of specialized protection and resident staff who usually live
together as a housekeeping unit for a limited period of time. This use may
include outpatient group counseling, some supervision, forced detention,
treatment for mental illness and chemical addiction, protective shelter, half-
way house, and release programs. The facility may be licensed by the
State but is not mandated.
Hospital. A facility which provides health services primarily for human
inpatient medical or surgical care; including related facilities, such as
laboratories, outpatient departments, training facilities, central service
facilities and staff offices. Characteristics include large institutionally
designed buildings, large volumes of traffic, large parking lots or ramps, 24-
hour activity, service vehicles, large quantities of waste, and emergency
vehicles.
Medical/Dental Office. A facility which provides direct delivery of health
related examination and services or treatment to individuals on an
appointment or walk-in basis; and includes counseling, consultation,
chiropractic and podiatry. The use may include a supporting retail
component for medicine, health related food, or other product.
Nursing Home. A health care facility licensed by the State that provides
lodging and 24-hour care for medically or physically impaired persons
usually on a long term basis. Residents of the facility do not have private
apartments or kitchens. This use includes a food service and may include
supporting medical and retail services for the residents. A quiet area is
preferred and useable outdoor open space is required.
Funeral Home. A facility where funeral services are held and where
embalming and other processes occur in preparation of the deceased for
burial; it may include the storage of caskets, funeral urns and other related
funeral supplies, and it usually provides vehicles to transport the deceased
to the place of burial. This use does not include a crematorium.
Characteristics include intermittent periods of high traffic generation.
The following are definitions of the Institutional Uses referred to in this
Ordinance.
Community Centers. A place, structure, area or other facility which is
open to the public and designed to accommodate and serve significant
segments of the community and which is used for educational, religious,
fraternal, social and recreational programs. This use may include
accessory food service and accessory retail shops.
Education/Academic. Public - Neighborhood or district based education
services normally provided to children through young adult age; the use
may include evening or off-hour service to adults in the community. This
use generally includes an accessory food service and some retail facilities
to serve students and facility. Private - Community or regional based
education service normally provided to persons through young adult age;
facilities similar to public education facilities above.
Library. A facility where collections of books and other materials are
housed in a building which is open to the public during regularly scheduled
hours which may include weekend days and evenings. Books and other
materials may be available for loan. Characteristics may include high
parking demand and high traffic generation.
Museums/Art Galleries. A facility which houses collectibles, collections of
artifacts, paintings or sculptures in a building which is open to the public
during regularly scheduled hours which may include weekend days and
evenings.
Parks/Open Space. Passive recreation including hiking trails, natural
areas, wild life areas, arboretums, open grass areas and tot lots.
Park/Recreation. Active outdoor recreation activities such as baseball
diamonds, tennis courts, basketball courts, play fields, playgrounds,
outdoor swimming pools, fitness courses and driving ranges.
Police/Fire Stations. Activities designed to serve the public health and
safety; may include an office component, storage of fire trucks, police cars
and equipment, and the boarding of personnel within an enclosed building.
Characteristics may include sporadic periods of loud noise, sirens, and
activity.
Public Service Structure. Facilities which include water towers, utility and
public service related distribution facilities; and waste water and storm
drainage structures, but exclude utility substations. These facilities are
normally serviced by small trucks several times per day and by larger
vehicles or equipment on a periodic basis. Associated buildings typically
have large windowless walls and an institutional appearance.
Religious Institutions. A facility where people gather to relate or manifest
faithful devotion to an acknowledged ultimate reality or deity. This use is
characterized by meeting rooms, education and training practice, indoor
activities, intermittent parking needs, group singing or chanting and music.
The assembly typically meets on weekends or evenings. The building may
be utilized at other times for meetings and other activities. Accessory uses
which frequently accompany the principal use include day care and park
and ride.
Page 55: [2] Deleted
Jane
11/11/20071:25:00 PM
Golf Course. A facility for playing golf outdoors which consists of golf
holes, clubhouse facilities which may contain lockers, shower rooms and
incidental sale of golf related items, and off-street parking facilities.
Country Club. A golf course and associated clubhouse which may contain
in addition to locker and shower rooms, dining and bar facilities, meeting
rooms and other spaces for large social functions. Typically open only to
members and characteristics may include significant trip generation on
evenings and weekends.
The following are definitions of the Commercial Uses referred to in this
Ordinance:
Animal Handling. The sale, boarding, treatment and care of privately
owned small animal pets; may include dogs, cats, fish, reptiles and other
mammals but excluding large animals such as horses, farm animals
(including ostriches) or animals raised for slaughter. Characteristics may
include special refuse, storage, noise, odor and other nuisance
characteristics.
Appliance, Small Engine and Bicycle Repair. Maintenance and repair of
appliances, small engines, bicycles and similar items. Characteristics
include some outdoor activity and noise.
Automatic Car Wash. A facility designed to wash automobiles and light
trucks with little or no human intervention. The facility utilizes automated
equipment and wash cycles are relatively short. These facilities are
typically accessory to other automotive related land uses and may
sporadically cause congestion on its site.
Bank. A facility for the deposit, management and lending of money,
frequently with accessory drive-up facility. This use includes banks and
savings and loans but not insurance companies and stock brokerage firms.
Characteristics may include high peak hour traffic on certain days.
Bar. A facility where the primary use is the sale of alcoholic beverages for
consumption on the premises. Minors are excluded from entry by law.
Characteristics include late hours, high parking demand, noise, trash and
litter and heavy off-peak traffic. Use is often found in conjunction with
restaurants, hotels and night clubs.
Bed and Breakfast Establishment. A private, owner-occupied residence
with guest rooms where temporary lodging facilities and some meals are
provided to paying lodgers within single family or two family dwellings. The
lodging is subordinate and incidental to the main residential use of the
building. Indoor recreational facilities for the use of the residents and
paying lodgers may be included.
Businessffrade Schools. A Facility serving adults and sometimes high
school age persons which provides specialized education to develop a skill
to prepare for a specific job. Equipment or processing which simulates an
industrial or commercial work setting may be included.
Business Services. Establishments primarily engaged in rendering
services to business establishments on a fee or contract basis, such as
advertising and mailing, building maintenance, employment services,
management and consulting services, protective services, equipment rental
and leasing, commercial research, development and testing, photo
finishing and personal supply services.
Club/Lodge. A facility operated by an association of persons primarily not
for profit where social, education, recreational or dining activities are
provided. Services provided are not customarily carried on as a business
and may include dining, consumption of alcoholic beverages, dancing, legal
gambling, and meetings. Characteristics may include late hours, high
parking demand, noise and heavy off-peak traffic.
Commercial Recreation. Includes low-intensity uses that can function
without municipal sewer or water, and usually require a large amount of
open space. Such uses may be seasonal or temporary in nature. Includes
uses such as fairs, agricultural exhibits, tractor pulls, shooting ranges and
private airports, but does not include amusement parks, water slides or
combat games.
Contractors Yard:Any land used primarily for the storaqe of equiprTi8nt1
vehicles. machinery (new or used), buildinq materials. paints. pipe. orl
electrical components used by the owner or occupant of the premises iril
the conduct of any buildinq trade or craft~
Convention and Exhibition Center. A facility providing large and small
meeting rooms for the assembly of persons and the display of products
and information; it may include banquet kitchens and facilities.
Characteristics include heavy parking and loading area requirements and
large scale buildings.
Dry Cleaning, Laundering with Route Pick-up and Delivery. A facility
where clothing, diapers or other fabrics are cleaned by dry cleaning or
laundering processes. Materials to be cleaned may be brought to the site
either by pick-up and delivery trucks operated as part of the business or by
customers who drop off and pick up their own materials to be cleaned. The
use may include the storage of delivery vehicles on the site.
Food Service. The sale of food and beverages which are prepared and
served in individual portions in a ready to consume state for consumption
off-site; includes seating for not more than 10 persons. Characteristics
may include truck and vehicle traffic, cooking odors and refuse. The
preferred location is on major thoroughfares with no access to local
residential streets. This use is often found in conjunction with motor fuel
stations and grocery stores.
___1
Home Occupations. An occupation, profession, or activity requiring a
permit from the City which provides gainful employment of a resident of a
dwelling unit, which is clearly an incidental and subordinate use to the
residential use, and which does not alter the exterior of the property or
affect the residential character of the neighborhood. Auto body painting,
motor vehicle sales, motor vehicle service and repair, retail sales,
massage, medical/dental office, animal handling, beauty and barbershop,
warehouse/storage and manufacturing/processing do not qualify as home
occupations.
Hotel/Motel. Facilities which provide overnight lodging in individual rooms
or suites of rooms, each having a private bathroom, which are rented by
day or week; may include in-room or in-suite kitchens and recreational
facilities for use by lodgers. Restaurants, banquet rooms, arcades, fitness
centers and other facilities available to non-lodgers are not considered
accessory uses.
In Vehicle Sales or Service. Sales or service to persons in vehicles; it
may include drive-in, drive-up and drive-through facilities; but does not
include motor fuel stations. Characteristics include high traffic volumes
during the typical peak hour traffic period.
Marina. A commercial establishment adjacent to a navigable lake
providing moorings, docks and/or slips for boats. It may also offer supplies
and services accessory to the principal use.
Medical/Dental Laboratories. Facilities in which individually produced
and made to order medical and dental prosthetics are created for the
specific needs of specific individuals. Characteristics may include hours of
operation of 7:00 a.m. to 6:00 p.m.; daily deliveries to and from the facilities
by car, van or light truck; minimal heavy truck traffic; no use of outside
storage and occasional visitation of facilities by customers needing
specialized attention as to the make-up and fit of their specific prosthetic.
Motor Fuel Stations. A retail facility which supplies and dispenses motor
fuels directly into a motor vehicle; it also includes the sale of lubricants,
batteries, tires and motor vehicle accessories, and may also include the
sale of food, beverages, etc. Motor fuels may be self-serve or dispensed
by an attendant. Light maintenance activities to vehicles including engine
tune-ups, lubrication, repairs, and carburetor cleaning may also be
conducted. Characteristics include outdoor activity, high traffic generation
and extended hours of operation. This use excludes heavy automobile
repair including, but not limited to, engine overhauls, automobile painting,
and body work.
Motor Vehicle Sales. Display, sale and rental of automobiles, trucks,
watercraft and recreational vehicles outside of an enclosed building; motor
vehicle service and repair often occur in conjunction with this use.
Characteristics may include outdoor activity, banners and lights for
promotion and advertising, outdoor sound systems, truck deliveries, night
and weekend operating hours, and test driving on nearby streets.
Motor Vehicle Service and Repair. Repair, lubrication, washing,
detailing, equipment installation, engine overhauls, and other similar uses
involving automobiles, trucks and recreational vehicles. Characteristics
may include the storage of vehicles, truck traffic, night and weekend
operating hours; motor fuel stations and auto body/painting are excluded.
Office. A facility in which the handling of information or the performing of
administrative services is conducted; it includes services provided to
persons both on-site and off-site on a walk-in or appointment basis such as
counseling or indirect or non-personal service such as real estate, travel
agencies, financial agencies, insurance offices and professional offices.
Excludes hospitals or other medical facilities; except it may include up to a
maximum of 10% of the gross floor area in medical or dental offices.
Characteristics include high peak period traffic generation and 8:00 a.m. to
5:00 p.m. hours of operation.
Outdoor Sales. The display and sale or rental of merchandise or
equipment outside of an enclosed building; may include boat sales, canoe
sales, nursery sales, lumber sales; but it excludes the sale of motor
vehicles.
Printing Process/Supply. A facility in which retail oriented graphic and
photographic reproductive services are conducted. This does not include
industrial operations where printing is of a commercial nature.
Private Entertainment (Indoor). Entertainment services provided entirely
within an enclosed building; it includes theaters, health or fitness centers,
bowling alleys, arcades, roller rinks, and pool halls. Characteristics may
include late operating hours, outdoor lighting, noise, and traffic.
Research and Testing Laboratories. Establishments or other facilities for
carrying on investigation in natural or physical sciences, or engineering and
development as an extension of investigation with the objective of creating
end projects, on a contractual or fee basis.
Restaurants. An establishment whose principal business is the sale of
food and beverages which are prepared and served in individual portions in
a ready to consume state for consumption on site. This use is often found
in conjunction with bars, hotels and food service. It is preferably located on
major thoroughfares with no access to residential streets. Characteristics
include late hours of operation, refuse, high car and truck traffic generation,
and cooking odors. A food service or deli is not considered to be a
restaurant if seating is provided for ten or fewer persons.
Retail. A facility where merchandise or equipment is displayed, rented or
sold and where delivery of merchandise or equipment to the ultimate
consumer is made; includes limited production, repair or processing as an
accessory use. Hours of operation generally begin after a.m. peak traffic
period and extend to time ranges from 5:00 p.m. to 10:00 p.m.; although
some convenience stores and grocery stores are open 24 hours per day.
Characteristics include high parking demand and high off-peak traffic
generation; prefers high visibility and access to major thoroughfares. This
use includes but is not limited to camera shops, clothing stores, department
stores, grocery stores, video stores, discount stores, jewelry stores, liquor
stores, delicatessens, retail bakeries, toy stores; but excludes restaurants,
bars, motor vehicle sales, and motor fuel stations.
Service. On-site service provided directly to an individual; includes barber
shops, beauty shops, massage parlors, laundromats, shoe repair shops,
and dry cleaners where articles to be cleaned are picked up and delivered
by the patron.
Shopping Center. A group of commercial uses planned, developed
and/or managed as a unit which has common parking facilities and
contains a minimum of 50,000 square feet of total floor area. Shopping
centers may include more than one building and more than one contiguous
property. Theaters and restaurants with liquor which locate within shopping
centers will be considered separate principal uses for establishing parking
requirements.
Studio. A facility where the practice or study of the visual and audio arts
occurs; may include painting, sculpturing, photography, recording, radio
and television studios. This use also includes dance studios and studios
for the martial arts. This use does not include large industrial photography
or printing processes.
Wholesale Use. Establishments engaged primarily in selling merchandise
to retailers, or to industrial, commercial or professional business customers,
or to other wholesalers or on a mail order basis to individuals or firms, or
which serve as agents or brokers buying merchandise for, or selling
merchandise to, individuals and companies.
The following are definitions of the Industrial Uses referred to in this
Ordinance:
Auto Body/Painting. A facility for painting, straightening, replacing and
repairing the frame and body parts of motor vehicles usually damaged as
result of an accident or as a result of exposure to the elements; it includes
the outdoor storage of damaged and dismantled vehicles, and may
generate odor and noise; this use excludes junkyards and automobile
wrecking yards.
Freight Terminal. Short-term storage and transshipment of materials and
the outdoor storage of trucks and related equipment. Characteristics
include high volumes of large truck traffic.
-----~-----------
Manufacturing/Processing. A facility for the production of a physical
commodity or changing the form of a raw ingredient; it may include
administrative offices, warehousing, and limited distribution and outlet sale
of a commodity. Characteristics may include heavy truck traffic, odor and
noise of processes and equipment, refuse storage issues, and the use of
toxic and hazardous materials. Concrete plants, junkyards, slaughter
houses, rendering plants, salvage yards, and auto reduction plants are
excluded.
Office Warehouse. A facility in which the handling of information or the
performing of administrative services is conducted in conjunction with
receiving, holding, shipping and occasional packaging of commodities.
Characteristics include high peak period traffic generation and 8:00 a.m. to
5:00 p.m. hours of operation, high truck traffic generation and parking
demand.
Outdoor Storage. The receiving, keeping and shipping of goods and
materials outside of an enclosed building where outdoor activity includes
only the unloading, loading, and keeping of materials; may include storage
yards for contractors, equipment, lumber, landscaping materials,
construction materials and shipping materials and containers. Storage of
unlicensed or inoperable vehicles or other materials typically associated
with a junkyard, salvage yard or auto reduction plant are excluded.
Parcel Delivery Service/Post Office. A facility for the transhipment of
letters and packages generally less than 100 pounds in weight. Customers
may purchase stamps, money orders, insurance, and other mail services.
Hours of operation are similar to those of offices, but may include
Saturdays. Characteristics include high volumes of truck and automobile
traffic and vehicles stored on premises overnight.
Recycling Operation. A facility located within an enclosed building for the
collection, sorting, temporary storage, and shipment of recoverable
resources including, but not limited to, newspapers, cardboard, glassware,
metal cans and plastic.
Showroom. The display of merchandise and equipment and its sale to a
customer where delivery of purchased merchandise is made directly to the
ultimate consumer from a warehouse. Merchandise or equipment which is
sold are typically large bulky items and include furniture, appliances,
plumbing fixtures, lighting and carpeting. Characteristics include hours of
operation between 9:00 a.m. and 9:00 p.m. weekdays and during some
weekend hours.
Transportation, ParkinQ, and Storaqe Facilitv: Any lot or land areal
used for the storaQe or layover of passenQer buses, motor coaches, I
rental vehicles, taxis, van pools, rental movinQ vehicles, or similarl
hypicallY includes parkinQ, storaqe of vehicles, and may include samet
maintenance). ParkinQ of cars/vans/pickups that are accessory to al
primary use would be exempt from the above definition. I
Page 55: [3] Deleted Jane 11/11/20071:27:00 PM
The following are definitions of the Transportation Uses referred to in this
Ordinance:
Heliport. A facility for the landing, taking off, basing, service, and repair of
helicopters used for transportation purposes. Characteristics include noise
and the outdoor storage of helicopters.
Helistop. A facility for the landing and taking off of helicopters used for
transportation purposes but with no facilities for the service of helicopters.
Characteristics include intermittent periods of noise.
Parking Lots. Surfaced and improved ground surface areas used for the
parking of licensed and operable motor vehicles for periods of less than 24
hours.
Parking Ramp. A structure built for the storage of licensed, operable
motor vehicles for periods of less than 24 hours. Characteristics may
include noise, exhaust fume odor, heavy traffic and large structure mass
and footprint.
The following are definitions of the Temporary Uses referred to In this
Ordinance:
Building Construction Structures. A structure used by a contractor or
leasing agent as an office or for storage purposes for a construction project
for which a building permit has been secured and is in effect; this use
includes construction trailers, sales and leasing.
On-Site Equipment Storage. Any structure or outdoor storage area
designed for the on-site storage of construction equipment and materials
for an active construction project.
Temporary Structures. A building other than a construction structure
used for a period not exceeding six months.
Carnivals, Festivals and Promotional Events. Tents and stands used
for entertainment, display and sale of food and merchandise, and
amusement rides permitted for a period not exceeding fourteen days.
Outdoor Sales - Temporary. The display and sale of merchandise other
than agricultural commodities outside of an enclosed building where it is
offered in conjunction with an established use that legally sells the same or
similar merchandise within a building on the same site. Characteristics
include the use of tents, trailers, or other temporary structures.
Agricultural Commodities Sales. The temporary display and sale of
flowers, produce and Christmas trees and other greens which are
associated with Christmas.(Should be broadened- downtown)
Pollution Abatement Equipment. Equipment and structures that are
erected or installed on property for the purpose of eliminating or abating
ground or water pollution.