HomeMy WebLinkAbout5B ZO Amend Sec. 1107
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
PLANNING REPORT
PRESENTER:
PUBLIC HEARING:
DATE:
5B
CONSIDER AMENDMENTS TO SECTION 1107 OF
THE ZONING ORDINANCE
JEFF MATZKE, PLANNER
X YES NO-N/A
JUNE 24, 2008
AGENDA ITEM:
SUBJECT:
INTRODUCTION:
The Zoning Code Amendments proposed as a part of this report include the following
components:
. Section 1107: General Performance Standards
BACKGROUND:
On October 25, 2006 the Metropolitan Council approved the City of Prior Lake 2030
Comprehensive Plan. At that time, as is mandated by State Statute, the Zoning Ordinance
and Zoning Map were required to be amended to make them consistent with the 2030
Comprehensive Plan.
In addition to the proposed amendments for the purpose of meeting State Statute
requirements, additional amendments are being proposed with the intention of making the
Zoning Ordinance more user-friendly for citizens, business owners, and developers.
PROPOSED AMENDMENTS:
The vast majority of the proposed amendments are not substantive in nature. However,
some of the key areas the Planning Commission may want to more closely consider relate
to the following:
11 07.205 (4)
. Hard surface driveways are required for accessory structures that have potential
access to a public or private street.
1107.303
. Parking requirements for Elementary Schools were revised to include the option
of determining the number of spaces by the size of an assembly area.
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Phone 952.447.9800 / Fax 952.447.4245
1107.700
. All temporary, portable, and banner signs were given the same display time frame
(30 days, 3 times per year)
1107.710
. Wetland buffer signs were added to the list of sign regulations.
1107.2005
. Bufferyard A was removed, (no longer applicable).
11 07.2303
. Further clarification regarding what constitutes a remodel project for a non-
conforming structure remaining in a non-conforming state vs. a new construction
project which must comply with current ordinance standards
ALTERNATIVES:
1. Recommend approval of the proposed Zoning Ordinance amendments as identified in
the preceding staff report and detailed in the attached documents.
2. Recommend specific modifications to the Zoning Ordinance amendments as
highlighted in the preceding staff report and detailed in the attached documents.
3. Continue this item to a date specific, and provide staff with direction on the issues
that have been discussed.
EXHIBITS:
1. Proposed Amendment Language for Section 1107
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SUBSECTIONS
1107.100:
1107.200:
1107.300:
1107.400:
1107.500:
1107.600:
1107.700:
1107.800:
1107.900:
1107.1000:
1107.1100:
1107.1200:
1107.1300:
1107.1400:
1107.1500:
1107.1600:
1107.1700:
1107.1800:
1107.1900:
1107.2000:
1107.2100:
1107.2200:
1107.2300:
1107.100:
1107.200:
1107.201
1107.202
May 22.1999
Zoning Ordinance
SECTION 1107
GENE ALPERFORMANCESTANDARDS
Purpose and In ent
Off-Street Park ng Areas, Paved Areas and Loadi,ng Spaces
Number of Req ired Off-Street Parking Space
Signage
Interpretation
Exempt Signs
Permitted Sign ; No Sign Permit Required
Permitted Sign ; Sign Permit Required
Permitted Sign Area; Business and Industrial Districts
Calculating Si n Area
Prohibited Sig s
Calculating Ad ertising Display Area
Sign Permit R quirements
Maintenance
Lapse of Sign
Cancellation
Removal of Si ns
Lighting
Landscaping and Screening
Bufferyards
Tree Preservat on and Restoration
Architectural esign
Non-Conformi ies
PURPOSE AN INTENT. The provIsions of subsection 1107.100 through
1107.2300 pro ide the general performance standards which are applicable to all
districts, unless specifically noted in other Sections of this Ordinance.
OFF-STREET ARKING AREAS, PAVED AREAS, AND LOADING SPACES
Purpose. Re ulation of off-street parking and loading spaces in the Zoning
Ordinance is n cessary to alleviate or prevent congestion of the public right-of-
way and to promote the safety and general welfare of the public. Regulation is
accomplished y establishing minimum requirements for off-street parking of
vehicles and I ading and unloading operations associated with their use for the
uses regulated by this Ordinance by analysis of the intensity, duration, time and
style of utiliza ion of the land or structures in or from which each use is
conducted.
f Off-Street Parkin Re ulations. The regulations and
requirements et forth in this Section of the Ordinance shall apply to all Use
Districts excep the "C-3" Specialty Business Use District. Applications for all
occupancy pe its shall be accompanied by a site plan drawn to a readable
City of Prior Lake
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scale which indicates the location of off-street parking and loading spaces on the
site for which the occupancy permit is requested.
1107.203 General Provisions.
(1) Permits Prior to Effective Date. Structures or uses for which a permit has
been issued prior to the effective date of this Ordinance which are not completed
on its effective date shall be exempt from the parking requirements of this
Ordinance if the structure is completed within 6 months after the effective date of
this Ordinance. In such cases, the parking and loading facilities provided for the
structure or use must comply with the Ordinance requirements which were in
effect at the time the permit was issued.
(2) Reduction of Existing Off-Street Parking Space. Off-street parking and
loading spaces existing upon the effective date of this Ordinance shall not be
reduced in number unless their number exceeds the requirements imposed for a
similar new use by this Ordinance; however, if the existing parking meets more
than 90% of the requirements of this Section, the number of parking spaces may
be reduced to 90% of the requirement for the purpose of establishing
landscaping where such a reduction is necessary to construct a landscaping or
bufferyard improvement required by this Ordinance. The creation of a required
bufferyard shall not further reduce the number of available parking spaces. In
the event compliance with the bufferyard requirement would reduce existing
nonconforming parking below 90% of the Ordinance requirement, the
requirements of subsection 1107.204(11) shall apply.
(3) Floor Area. Floor area shall mean the total floor area as defined in subsection
1101.400. Indoor parking and indoor loading spaces shall not be counted as
part of the floor area of a structure for the purpose of computing the number of
parking or loading spaces which are required.
(4) Design Capacity. When a building's design capacity is used for purposes of
calculating requirements for off-street parking spaces, that design capacity shall
be determined by Occupancy Loading specified in the Uniform Building Code in
force at the time the determination is made.
(5) Benches in Places of Public Assembly. In stadiums, sports arenas, structures
of religious institutions and other places of public assembly in which patrons or
spectators occupy benches, pews, or other similar seating facilities, each 28
inches of such seating shall be counted as one seat for the purpose of
determining the requirements for off-street parking where the parking
requirement is calculated by application of a formula based on the total number
of seats.
(6) Calculating Space. When the calculation of the number of off-street parking
spaces results in a fraction, each fraction of 1/2 or more shall require another
space. In cases when a sinale site contain various uses. the oarkina
reauirement calculation of each use shall be totaled orior to the final roundina of
the overall oarkina reauirement for the site.
(7) Assessments. When a lot has been assessed for one or more off-street
parking stalls under applicable State Statutes which may be amended from time
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May 22. 1999
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Zoning Ordinance
to time, the number of stalls forming the basis for such assessment shall
constitute an equal number of spaces for purposes of this subsection.
(8) Use of Parking Facilities. Required off-street parking facilities in an nRn Use
District may be utilized only for parking passenger automobiles, except that 1
truck not exceeding 1.5-ton capacity may be parked inside a building on the
resident's property by the occupant of each dwelling unit. No required parking
facilities or public right-of-ways in any nRn Use District shall be used for open-air
storage of commercial vehicles, customer's vehicles, or vehicles belonging to
employees, owners, tenants or customers of business or manufacturing
establishments.
(9) Location of Parking Facilities. Required off-street parking in the R-1, R-2 and
R-3 Use Districts shall be on the same lot as the building housing the principal
use, except in the cases of:
);>
);>
A religious institution where parking is regulated by subsection 1107.303.
Condominium developments where off-street parking is designed on a lot
or within a garage on a separate parcel but within the same condominium
development.
Free-standing parking lots accessory to existing nonresidential or
recreational uses, located within the same Zoning Use District, and
located within 500 feet of the existing use, may be permitted in the R-1,
R-2, R-3 and R-4 Use Districts, subject to approval of a Conditional Use
Permit. Such parking lots must meet all the provisions listed in subsection
1107.203(11), 1107.203(13) below, and Section 1107.204.
.(amfi._ Or-EJ.M 14, f)I:JB.3/21/Q4)
);>
(10) Calculating Space for a Compound Use. Should a structure contain 2 or more
types of uses, the total off-street parking spaces required for each use shall be
calculated separately unless requirements for joint parking arrangements can be
applied as regulated by subsection 1107 .203( 12).
(11) Control of Off-Site Parking Facilities. When required accessory off-street
parking facilities are provided on a lot other than the lot on which the principal
use is located, the following requirements shall be met unless other
requirements apply if parking is provided under subsection 1107.203(12).
a. A paved pedestrian way from the off-site parking facilities to the use
being served has been provided and is properly maintained.
b. The off-site parking area and the lot on which the principal use is located
must be in the same ownership, or the use of the parking facilities shall be
protected by Covenants that run with the land on both the lot on which the
parking facility is provided and the lot on which the principal use is located. The
manner of execution and content of such Covenants shall be written in a form
that is approved by the City Attorney and the Covenants must be recorded with
the County Recorder or Registrar of Title for Scott County.
c. The closest point of the off-site parking area shall be located no more
than 500 feet from an entrance to the principal building of the use being served
as measured along an established path of travel between the parking lot and
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May 22. 1999
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Zoning Ordinance
such entrance unless shuttle service is provided. If shuttle service is provided,
the location of the parking need not satisfy any distance requirement.
d. The failure to provide on-site parking shall not result in patrons, visitors or
employees from parking on the public streets, on other private property, or in
private driveways or other areas not expressly set aside for off-street parking
purposes.
e. The off-site parking shall be maintained until on-site parking is provided
or an alternate off-site parking facility which meets the requirements of this
Ordinance has been approved by the Zoning Administrator.
(12) Joint Parking Facilities. Off-street parking facilities may be provided
collectively in any Use District for more than one structure or use, if the following
conditions are met:
a. The applicant demonstrates to the Zoning Administrator that, because of
the hours, size and mode of operation of the respective uses, there will be an
adequate amount of parking available to each use during its primary hours of
operation to meet the needs of such use.
b. The joint use of the parking facilities shall be protected by Covenants that
run with the lots housing all the joint users and the lot or lots on which the
parking facility which satisfies the parking requirements of this Ordinance is
provided. Those Covenants shall contain all of the conditions of the joint
agreement and shall grant an easement for parking to the joint principal use lots.
The manner of execution and content of such Covenants shall be in a form
approved by the City Attorney and the document containing the Covenants shall
be recorded with the County Recorder or the Register of Titles for Scott County.
Parties to the covenant shall reimburse the City for the costs of legal review.
c. Total required parking spaces for the joint use shall be based on the
combined peak requirement and shall not be fewer than the minimum
requirements set forth in this Ordinance for the use which requires the most
parking. Joint parking arrangements shall not qualify for "proof of parking"
reductions.
d. Any change in use or in the conditions of the joint parking agreement
nullifies the joint parking agreement. Any parties to the nullified joint parking
agreement which cannot meet the required parking shall become illegal uses
and shall lose their Certificate of Occupancy.
(13) Use of Parking Area. Required off-street parking space and the driveways
providing access to them shall not be utilized for storage, display, sales, rental,
or repair of motor vehicles or any other goods, the storage of inoperable
vehicles, the loading and unloading of vehicles, or the storage of snow.
(14) Conversion of Garage Space. No person shall alter a garage to living space in
any "R" Use District, unless other legal provisions are made to provide the
required parking for the lot.
(15) If a single room within a structure contains more than one of the uses listed in
subsection 1107.300 the more restrictive parking requirement shall apply.
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May 22, 1999
Zoning Ordinance
1107.204 Design and Maintenance of Oft-Street Parking Areas.
(1) Access and Location. Parking areas shall be designed to provide access to a
public alley or street. Driveway access shall be located at a place which will
cause the least interference with traffic movement.
(2) Parking Spaces. Each parking space shall not be less than 8.5 feet wide and
18 feet long exclusive of access drives. Each parking space shall be served by
access drives which shall have the minimum dimensions provided in the
following table. Each parking space shall be located by striping of a contrasting
color on the concrete or asphalt surface.
Stall Angle Curb Vehicle Total
(in degrees) Length Projection Aisle Width
45 12.0' 18.5' 13.0'* 50.0'
60 10.0' 20.0' 15.0'* 55.0'
75 9.0' 20.5' 18.0'* 59.0'
90 8.5' 18.0' 25.0' 61.0'**
Parallel 23.0' 8.5' 22.0' 38.0'
* One-way aisles only.
**When parking is provided within a parking ramp, the total bay width may be
reduced to 58.0 feet provided that the parking is predominantly for long term
users.
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(3) Handicapped Parking Spaces. The size, number, and location of stalls
reserved for "Parking for the Handicapped" shall be provided and identified as
required by applicable regulations.
(4) Turn Around. All parking areas except those serving one and two family
dwellings on local streets shall be designed so that cars do not have to back into
the public street.
City (if Prior Lake
l107/p5
May 22. 1999
Zoning Ordinance
(5) Surfacing. All driveways and all of the area intended to be utilized for parking
shall be surfaced with a minimum of 1 1/2" of bituminous paving on a suitable
base, or 6 inches of non-reinforced concrete or equivalent material approved by
the City. Decorative concrete interlocking pavers may also be used in parking
lots.
In areas where parking spaces are used on an average of two or fewer days per
week, grass road pavers, Ritter rings or other such pavers may be used which
permit the growth of ground covers and the infiltration of surface water. Such
paving material shall be approved by the City Engineer.
(6) Drainage. There shall be adequate drainage of the surface of the parking or
paved area to a public storm sewer or to other approved storm water facilities.
Plans for surfacing and drainage of all parking lots for ~ 2-.spaces or more. or
paved areas of 6,000 square feet or more shall be approved by the City
Engineer.
(7) Lighting. All parking lots containing parking for 6 vehicles or more shall provide
an average horizontal illumination of between 0.4 and 1.0 foot candles. The
average horizontal illumination within all parking ramps shall be 1.0 foot candles.
All lighting shall comply with subsection 1107.1800. In cases where Iiaht spillaae
to adiacent properties cannot be determined a photometric plan shall be
submitted to the Communitv Development & Natural Resources Department for
review.
(8) Traffic Islands. Raised islands shall be provided at the end of any parking row
where it abuts vehicle circulation lanes or driveways for traffic control. Raised
islands shall also be provided to separate pedestrian and vehicular traffic.
(9) Curbs. A 6-inch high, poured in place, concrete curb shall be provided around
the periphery of all parking lots for 6 cars or more unless it is demonstrated by a
drainage plan that a 6-inch curb will impede the planned overland drainage. In
that case other pavement edge treatment may be approved if it restricts vehicle
parking to the designated parking area, protects the pavement edge, and
protects vegetation. A 6-inch poured in place concrete curb or other pavement
edge treatment is required along all internal access roads. Curbs or other
means shall be provided to prevent parked vehicles from overhanging property
lines or damaging plant materials.
(10) Landscaping. Parking lot screening shall be provided on the perimeter of any
new parking lot.
a. Screening shall be provided using a combination of shrubs, coniferous
trees, fencing, berming, etc., to minimize the effect of headlights and reflected
light from bumpers, grills and headlights. Screening must attempt to address at
least 60% of the perimeter where views of the parking lot could originate.
b. Effectiveness of the screening shall be 80% opacity year-round.
c. Berming must achieve a 30-inch height to provide 80% opacity on 3-foot
high screening. Berms cannot be used as the only method of screening. They
City of Prior Lake
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May 22, 1999
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Zoning Ordinance
must be used in combination with other elements such as landscaping and
fencing.
d. Plant materials must be spaced no more than SO inches apart on single
rows of deciduous shrubs, 48 inches apart on double staggered rows of
deciduous shrubs, with initial planted height of at least 2 feet. Spacing may vary,
subject to species used.
e. Coniferous trees must be placed no further than 8 feet apart, to be
counted as screening.
f. All parking lot landscape areas shall be separated from the parking
surface by cast-in-place concrete curbs of an equal or better standard.
Bituminous or precast concrete curbs or similar curbs are not permitted.
(11) Bufferyards. When an off-street parking area for 6 vehicles or more or a paved
area of 1,500 square feet or more is located next to a right-of-way, a bufferyard
Type B, as defined in Section 1107.2005, shall be provided between such
parking lot or paved area and street right-of-way. The width of the driveway at
the property line shall be excluded from the bufferyard requirement.
If there is insufficient space for the required bufferyard between a parking lot or
paved area existing on the effective date of this Ordinance and a public right-of-
way, part of the required plant material may be installed on the public right-of-
way under the following conditions:
a. Such material does not impair access and meets all Ordinance
requirements restricting visual and physical obstructions including visual
obstructions at intersections.
b. The placement of landscaping materials does not inhibit the storage of
snow when streets are plowed.
c. The landscaping is not inconsistent with public landscaping schemes.
d.
The location of the landscaping is approved by the City ,"Engineer.
(12) Yards. Parking areas shall be subject to the requirements of front yards and
side yards abutting a street in all "R" Use Districts, except that in the "R-1", "R-2"
and "R-S" Use Districts, parking for a detached single family or two family house
shall be permitted in the front yard under the following conditions:
~ There is no other location on the lot where parking is practical, and the
front yard offers the only place where the required parking can be
located.
~ Total parking and driveway area does not occupy more than SO% of the
front yard area.
~ A bufferyard Type B, as defined in Section 1107.2005 shall be required to
provide screening from adjacent properties.
Parking areas in the "C-1" and "C-2" Use Districts shall be permitted in the front
yard and side yards abutting a street provided that all of the following
City (!( Prior Lake
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May 22. 1999
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Zoning Ordinance
requirements are met, but in no case shall the yard be reduced to less than 6
feet:
).- All of the bufferyard requirements of this Ordinance are met.
).- A solid bumper, curb or fence not more than 3 1/2 feet in height shall be
constructed in such a position and such a manner that no part of a
parked vehicle can extend into the bufferyard.
(13) Parking Space Abutting "R" Use Districts. When a parking lot for more than
6 vehicles is located abutting an "R" Use District or residential developed
property, a bufferyard Type C, as defined in Section 1107.2005 shall be installed
between parking lot and abutting property. Off-street parking spaces and access
drives for nonresidential uses shall be setback a minimum, of 20 feet from any
side or rear lot line abutting an "R" Use District. (Arnd. Ord. 99-06; pub. 5/22/99)
(14) Maintenance of Off-Street Parking Space. The owner and tenant shall
maintain the parking space, access ways, landscaping, bufferyards, and required
fences in a neat and adequate manner.
(15) Additional ParkinQ Requirements. For parkina setbacks for the C-1. C-2. C-4'n
C-5. and 1-1 Zonina Districts refer to Sections 1002.905. 1102.1006. 1102.1205.
1102.1406. or 1102.1505 respectivelv.
1107.205 Drivewavs. The purpose of this subsection is to provide minimum setback and
slope standards for driveway construction. The intent is to reduce interference
with drainage and utility easement by providing setback standards; reduce
erosion by requiring a hard surface for all driveways; and provide positive
drainage to the street via establishment of minimum driveway slope standards.
This subsection shall apply to all new driveways.
(1) Driveways shall be setback at least 5 feet from the side yard property line.
(2) Driveways shall be located as indicated on the subdivision grading plan.
However, an alternate location meeting the provisions of this subsection may be
permitted, subject to approval by the City Engineer.
(3) The vertical profile for a driveway shall not exceed 10% maximum slope. In
circumstances when unusual topography or existing conditions of the property
prohibit compliance with this subsection, the City Engineer may approve a
driveway with a slope exceeding 10%.
(4) Accessory structures which are deemed to have potential access to a public or
private street and have door openinas exceedina six feet in width shall have a
bituminous or concrete surfaced drivewav to access the structure.
@ ln areas. leGated within. tho. MotrepolitaA . UFban ServiGos j\rea . (MlJS/\) as.
idontified en tho ComprehoRsi'"e Plan, QIiveways shall be surfaced. with
bituminous, concrete or other hard surface material, as approved by the City
Engineer. In aaricultural areas .outside.he MlJSA, driveways. shan be surfaced
from the intersection of the road for the first 100 feet of driveway, with concrete
or other hard surface material, as approved by the City Engineer.
City of Prior Lake
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May 22. 1999
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Zoning Ordinance
<.ro The minimum corner clearance from the street right-of-way line shall~e at least
30 feet to the edge of the driveway.
(ZJ For residential_ uses, the width of the driveway access sh~lIl1ot exceed 24feet at
the right-of-way line. No portion of the right-of-way may be paved except that
portion used for the driveway.
(~ For aU other _usel), th~ width oI the _driveway access shall_ not exceed 36 _feet in
width measured at the street right-of-way line. No portion of the right-of-way
may be paved except that portion used for the driveway.
(ro On lots not meetingth~ minimum width requireme_nts at the right-of-way line, the
driveway setback may be reduced subject to the following criteria:
~ The driveway will not interfere with any existing easement.
~ The location of the driveway must be approved by the City Engineer
to ensure that it will not cause runoff onto adjacent properties.
~ A shared driveway may be approved conditional upon the property
owners providing a recorded copy of cross access easements, and
the combined width of the driveway may not exceed 24 feet at the
righ-of-way line.
~ All other provisions of subsection 1107.205 of the Zoning Ordinance
must be met.
.( ame:/. Ord. 99 17 eff._ 1/1/()0)
(10) On lots with concrete sidewalks. a concrete apron shall be installed from the curb
to the sidewalk.
(W In townhouse and cluster housing developments, th_e driveway setback and width
requirements may be modified subject to the following criteria:
~ The driveway locations must be approved by the City Engineer as
part of the subdivision grading plan.
~ The driveway will not interfere with any existing easement.
~ All other provisions of subsection 1107.205 of the Zoning Ordinance
must be met.
lamg. 0.'4. 99 17 eft. 1/1/()())
1107.206 Drivewav Alterations and Additions: A driveway permit approved by the City
Engineer is required for any replacement. alteration or addition to an existing
driveway that exceeds the length and width approved as part of the original
building permit. This permit is subject to a fee established annually by resolution
of the City Council.
lamd. 0FfJ.99 17 eff.. 1/1/()Q)
1107.300 NUMBER OF REQUIRED OFF-STREET PARKING SPACES. The minimum
number of required oft-street parking spaces for the following uses shall be as
follows. Where no required minimum number of required parking spaces is
specifically listed for a individual use, the Zoning Administrator shall determine
the minimum number of required off-street parking spaces. The Zoning
Administrator shall consider functional similarities between uses where a parking
City of Prior Lake
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May 22, 1999
( Deleted: 5
( Deleted: 6
( Deleted: 7
( Deleted: 8
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1107.301
1107.302
1107.303
Zoning Ordinance
requirement is listed in the Ordinance and the proposed use in determining the
parking requirement.
Residential Uses
USE REQUIREMENT
Single-Family Dwelling 2 parking spaces for each dwelling unit, plus 1
additional parkinQ space for each roomer.
Cluster Housing 2 parking spaces per dwelling.
Two-Family Dwelling 2 parking spaces per dwelling.
Multiple Dwelling 2 parking spaces per dwelling.
Elderly Housing 0.5 parking spaces per dwelling. 40% of the total
parking requirement may be met with proof of
parking.
Rooming House 2 parking spaces for each 3 persons for whom
sleeping accommodations are provided.
Human Care Uses
USE REQUIREMENT
Adult Day Care Centers 2 parking spaces for every 5 program
participants licensed by the State of
Minnesota
Funeral Home 2 parking spaces for each 5 seats plus 1
parking space for each 250 sq. ft. of floor
area not used for seating. If fixed seats are
not provided, the requirement shall be 1
space for every 35 sq. ft. of seating area.
Group Day Care/Nursery 5 parking spaces plus 1 for each 5 program
School participants based on facility's licensed
capacity
Group Homes/State 2 parking spaces for every 5 beds offered
Licensed Residential Facility for residence purposes.
Hospitals 1 parking space for each 350 sq. ft. of gross
floor area
Medical and Dental Offices 1 parking stall for every 250 sq. ft. of floor
a. 2,500 sq. ft. or less area
b. more than 2,500 sq. ft. 1 parking stall for every 200 sq. ft. of floor
area
Nursing Home 5 parking spaces plus 1 for every 5 beds
offered for residence purposes.
Institutional Uses
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May 22. 1999
City of Prior Lake
Zoning Ordinance
USE REQUIREMENT
Community Centers Parking requirement will be based on the
uses within the building.
Libraries/Museums/Art At least 1 stall for each 300 square feet of
Gallery floor area in principal structure.
Playgrounds and Play At least 2 stalls per acre for playgrounds
Fields and 40 parking spaces for each play field.
When a public recreation site has more than
one use designation, the required parking
spaces must be determined for each use
separately. The sum of those use
requirements shall be the total number of
spaces required.
Golf Course At least 2 stalls for each golf hole plus 1
space for each 200 square feet of locker
rooms and club rooms. If the club house
contains dining or bar facilities, the parking
requirement for restaurants with liquor shall
apply. The sum of these use requirements
shall be the total number of spaces.
Archery or Golf Driving One parking space for each target or driving
Range tee.
Miniature Golf 1 1/2 parking spaces per golf hole.
Police Stations 1 space for each 1000 square feet of floor
area.
Religious Institutions 1 parking space for each 3 seats based on
the design capacity of the main assembly
hall. Up to 50% of the required parking can
be provided through a nonexclusive written
agreement with the owner of another
property located within 750 feet of an
entrance to the religious institution which
authorizes parking during times of worship
or events conducted at the religious facility
at times other than usual business hours on
property which is an off-street parking lot
which meets the design requirements of this
Ordinance and satisfies the parking
requirements for the other property's use
during ordinary business hours during the
usual work week.
Schools (Elementary & ~ parking spaces for each c1assroom....QL1.
Junior High) soace for each 5 seats in the orimarv
assemblv area. whichever is areater w
May 22.1999
l107/pll
City of Prior Lake
( Deleted: At least
( Deleted: .
1107.304
Zoning Ordinance
USE REQUIREMENT
Schools (High School At least 1 parking space for each 5 students
through College) based on design capacity plus one for each
2 classrooms.
Commercial Uses
USE REQUIREMENT
Animal Hospitals 1 parking space for each 200 square feet of
floor area but not less than 5 spaces. (amd.
Ord. 105-01, pub 3/5/05)
Animal Kennels 5 parking spaces, plus 1 space per 10 kennels.
If training classes take place on site, 1 space
per participant, plus 1 space per employee, not
to exceed the total available spaces. (amd. Ord.
105-01, pub 3/5/05)
Bank/Financial Service 1 parking space for each 250 sq. ft. of floor
area.
Bed and Breakfast 2 spaces plus 1 space for each room for rent.
No required parking may be located in the front
yard, nor shall the parking area exceed 50% of
the rear yard.
Business/Trade Schools 1 parking space per student calculated by
reference to the design of the school structure
plus 1 space for each classroom.
Clubs and Lodges 1 parking space for each 3 seats calculated by
reference to the design capacity of the meeting
hall plus 1 parking space for every 25 square
feet of customer space in the dining area and 1
parking space for each 20 square feet of bar
area.
Convention/Exhibition Hall 1 parking space for each 3 seats calculated by
reference to the design capacity of the meeting
hall.
Food Service 1 parking space for each 25 square feet of
customer floor area.
Hotel/Motel 1.5 spaces for each dwelling unit, guest room or
hotel room. Other uses which are commonly
associated with hotel such as restaurant and
conference space will require additional parking
and loading spaces, the number of which shall
be determined by the parking requirement for
those other uses specified in this subsection.
Motor Fuel Station 8 parking spaces plus 4 additional parking
May 22. 1999
l107/p12
City of Prior Lake
Zoning Ordinance
USE REQUIREMENT
spaces for each service stall. For the purpose
of calculating off-street parking, a service stall
shall have a maximum floor area of 400 square
feet. A maximum of 25% of the required
parking may be at the pump islands. A
maximum of 50% of the parking required for
service bays may be stacked parking in stalls
which have minimum dimensions of 7.5 feet
wide and 16 feet long. If a motor fuel station
contains convenience grocery or food service,
the standards for each use shall be applied in
addition to the requirement stated above.
Motor Vehicle Service and 4 parking spaces for each service bay. For the
Repair purpose of calculating off-street parking, a
service stall shall have a maximum floor area of
400 sq. ft. A maximum of 50% of the required
parking may be stacked parking in stalls which
have a minimum dimension of 7.5 feet wide by
16 ft. long.
Boat Sales and Repair, 8 parkina spaces plus 1 space per 800 sa. ft. of
Garden Supplv. or Buildino manufacturino or displav floor area over 1.000
Material Sales. so. ft.
Offices and Medical/Dental 1 parking space for every 250 sq. ft. of floor
Laboratories with floor area.
areas of 50,000 square feet
or less.
Offices and Medical/Dental 1 parking space for each 275 sq. ft. of floor
Laboratories with more than area.
50,000 square feet up to
200,000 square feet of floor
area,
Offices and Medical/Dental 1 parking space for each 300 sq. ft. of floor
Laboratories with more area.
than 200,000 square feet
up to 400,000 square feet
of floor area
Offices and Medical/Dental 1 parking space for each 325 sq. ft. of floor
Laboratories having more area. Where more than one office building is
than 400,000 square feet part of a single development, the total space
of floor area may be aggregated provided that other means
of reducing parking permitted by this Ordinance
are not applied.
Open Sales or Rental Lots 1 parking space for each 2,500 sq. ft. of land
which is to be used for sales and display area.
Printing Process 1 parking space for each 100 sq. ft. of customer
City (if Prior Lake
l107/p13
May 22. 1999
Zoning Ordinance
USE REQUIREMENT
floor area.
Bowling Alley 5 parking spaces for each alley. Other uses
which are commonly associated with bowling
alleys such as restaurants and game room
space will require additional parking and loading
spaces, the number of which shall be
determined by the parking requirements for
those other uses specified in this subsection.
Pool HallsNideo Arcades 1 parking space for each 25 sq. ft. of customer
area.
Skating Rink or Public 50 parking spaces, plus 1 additional space for
Auction each 100 sq. ft. of floor space in excess of
House 2,000 sq. ft.
Sports/Health Clubs/ 1 parking space for every 200 sq. ft. of non-
Physical Culture Studio/ court area plus 2 parking spaces per tennis or
Swimming Pool racquetball court and 1 parking space for each
50 sq. ft. of deck area for a swimming pool.
Theater, Auditorium, 1 parking space for each 3 seats of design
Assembly Hall, Meeting capacity.
Hall
Restaurants With Liquor 1 parking space for each 50 sq. ft. of gross floor
area.
Restaurants Without Liquor 1 parking space for each 60 sq. ft. of gross floor
area.
Retail Store, Grocery Store 1 parking space for each 180 sq. ft. of gross
and Service floor area. If, however, the merchandise
Establishments Where displayed for sale is large such as furniture,
More Than 25% of the carpeting, large appliances, or automobiles, the
Gross Area is Customer parking requirement shall be 1 parking space
Area. for each 500 sq. ft. of gross floor area.
Retail Store and Service 1 parking space for each 100 sq. ft. of customer
Establishment where less floor area.
than 25% of the Gross
Floor Area is Customer
Area and where Product is
Picked up or Delivered by
Patron.
Shopping Centers with 1 parking space for each 200 gross sq. ft.
over 100,000 square feet.
Shopping Centers with less 1 parking space for each 220 sq. ft.
than 100,000 square feet.
Grocery Store with 1 parking space for each 180 gross square feet
Shopping Centers of floor area.
City of Prior Lake
l107/p14
May 22. 1999
1107.305
I 1107.306
Zoning Ordinance
USE REQUIREMENT
Food Services including 1 stall per 200 sq. ft. of gross floor area for up
designated seating areas to 2% of the gross floor area of the shopping
within Shopping Centers center. Food Service exceeding 2% of the
gross floor area of the shopping center gross
floor area shall require 1 stall per 25 sq. ft. of
customer service area.
Studios 1 parking space for each 400 sq. ft. of floor
area.
Industrial Uses
USE REQUIREMENT
Manufacturing, Fabricating 5 parking spaces shall be provided plus 1
or Processing of a Product additional space for each 500 sq. ft. of
or Material structure, exclusive of office and warehouse
space which shall be calculated separately
according to the parking requirements for
those other uses specified in this
subsection.
Outdoor Storage 1 parking space shall be provided for each
20,000 sq. ft. of land devoted to outside
storage.
Post Offices, Parcel 10 parking spaces plus 1 parking space for
Delivery Service each 500 square feet of floor area devoted
to office, processing or service plus 1
parking space for each vehicle customarily
kept on the premises.
Self-Storage Facility 1 space for each 10 storage compartments
which shall be distributed throughout
storage area.
Showrooms 1 parking space for every 400 square feet of
floor area.
Transportation Terminal Specific reauirements shall be determined
bv the zonina administrator based on a
traffic and parkina analvsis for the terminal.
Warehouse, Storage, 1 parking space for each 1,500 sq. ft. of
Handling of Bulk Goods floor area.
Proof of Parking. For any parking lot for ~-+OO vehicles or more, the property
owner or tenant is only required to pave and stripe 90% of the required parking
spaces if the following conditions are met:
May 22. 1999
l107/p15
City of Prior Lake
( Formatted: Strikethrough
Zoning Ordinance
(1) A parking plan drawn to scale for the property is submitted to the Zoning
Administrator and the plan indicates the site complies with the total parking
requirements stated above and with the parking lot design and standards
contained in subsection 1107.204.
(2) The portion of the site which is not paved and is capable of containing the
amount of parking equal to the difference between the total amount of required
parking and the amount of parking required to be paved [known as the proof of
parking area] is suitably landscaped and curbed to meet the requirements of
subsections 1107.204.
(3) The proof of parking area is clearly delineated on the parking plan for the site.
(4) The paved portion of the parking area shall comply with subsections
1107.204(5).
(5) The proof of parking area is not used to satisfy any other landscaping
requirement of this Ordinance, is not located in any other area on the site which
is required by the City Codes to be used for other purposes, and is not located in
an area occupied by a building.
The property owner is responsible for informing any subsequent owner of the
property of the parking status of the property.
The City may, in its sole discretion, require that the Proof of Parking area be
paved and striped in such a way that it meets the requirements of subsections
1107.204(2) and 1107.204(5) to provide the total number of required parking
spaces on the site.
1107.307 Bonuses. If 50% or more of all spaces in the IR-4" Use District or "C" Use
Districts are placed in or under the proposed principal structure or totally
underground, the following bonuses shall apply:
(1) 300 square feet shall be added as lot area for each space so placed to
determine the allowable square footage of building on the site.
(2) The height added to the principal structure by any floor that is totally used for
parking in or under the principal structure shall not be included to determine the
size of the required yards.
(3) Maximum Bonuses. The maximum floor area which may be added to a building
by placing parking spaces in or under the principal structure shall be equal to not
more than 1/3 the net floor area or 1/3 the number of dwelling units, whichever is
applicable.
1107.308 Non-Conformina Parkina and Paved Areas. Any use existing on the effective
date of this Ordinance which does not meet the requirements of this subsection
is also subject to the subsection 1107.2300.
1107.309 Off-Street Loadina Facilities. The off-street loading requirement for non-
residential buildings with less than 20,000 square feet may be satisfied by the
designation of a loading zone area on the site. This loading zone area shall be
separate from any required off-street parking area and access to the loading
City of Prior Lake
May 22.1999
l107/p16
Zoning Ordinance
zone area shall be provided which does not conflict with automobile circulation
to, from, or within the site.
A minimum of one loading dock shall be provided for non-residential buildings
over 20,000 square feet in floor area.
(1) Definition. A loading facility includes the dock, the berth for the vehicle,
maneuvering areas, and the necessary screening walls.
(2) Location. All loading berth curb cuts shall be located 25 feet or more from the
intersection of 2 street rights-of-way. No loading berth shall be located less than
50 feet from an "R" Use District unless it is entirely within a building. Loading
facilities shall not occupy the required front yard. In situations where access to
the loading berth is directly from the street and no other practicable means of
access exists, this screening requirement shall not apply. Existing uses in the
"C-3" Specialty Business Use District may utilize on-street loading areas, only if
there is no off-street loading area alternative.
(3) Size. A loading dock shall have a berth area at least 12 feet in width and 55 feet
long.
(4) Access. Each loading berth location shall permit vehicular access to a street or
public alley in a manner which will least interfere with traffic.
(5) Surfacing. All loading facilities and accessways shall be paved with bituminous
or concrete paving to control the dust and drainage.
(6) Screening. All berths shall be screened from view from the adjoining streets
and any adjacent property in an "R" Use District with a buffer yard. Materials
used shall provide screening which is a minimum of 1 0 feet high when installed.
Walls shall be designed to be harmonious with the principal structure. The width
of the driveway at the property line shall be excluded from the bufferyard
requirement.
(7) Storage. No required loading berth or access drive shall be used for the storage
of goods or inoperable vehicles. It may not be included as a part of the space
necessary to meet the off-street parking requirements.
,(8) Visibilitv. No off-street parkina spaces shall be located in areas where it may
impede visibility for adiacent intersections.
1107.400: SIGNAGE. The purposes of these sign regulations are: 1) to encourage the
effective use of signs as a means of promotion and communication in Prior Lake;
2) to maintain and enhance the aesthetic environment and the City's ability to
attract sources of economic development and growth; 3) to improve pedestrian
and traffic safety; 4) to minimize the possible adverse effect of signs on nearby
public and private property; and 5) to enable the fair and consistent use of
authority to enforce these sign restrictions.
City of Prior Lake
May 22. 1999
l107/p17
( Formatted: Not Highlight
Zoning Ordinance
The provIsions of this subsection are intended to encourage creativity, a
reasonable degree of freedom of choice, an opportunity for effective
communication, and a sense of concern for the visual amenities on the part of
those who design and display exterior signs while, at the same time, assuring
that the public is not endangered, annoyed or distracted by the unsafe,
disorderly, indiscriminate or unnecessary use of exterior signs.
1107.500: INTERPRETATION: Principles for computing sign area and sign height are
contained in subsections 1107.900 and 1107.1000.
1107.600: EXEMPT SIGNS: All signs not expressly permitted under this Section are
prohibited unless exempt from this subsection by statute or by this subsection.
The following signs shall be exempt from regulation:
~ Incidental signs.
~ Interior building signs.
~ Off-premises announcements. Such announcements shall measure
not more than 2 square feet in size and be removed not later than 8
days after the event.
~ Public signs.
~ Works of art.
1107.700: PERMITTED SIGNS; No SIGN PERMIT REQUIRED: The signs identified in
Table 1 of this subsection are permitted and do not require sign permits.
However, their size, area and number are regulated by the provisions of
subsections 1107.701 through 1107.709.
TABLE 1
NO SIGN PERMIT REQUIRED
Address signs Real Estate signs
Building markers Residential nameplate
Election signs Interior window signs
No trespass signs Yard sale signs
Public right-of-way signs Wetland buffer sians
1107.701 Address SiQn: An address sign located on a home or business near the front
entrance shall not exceed 2 square feet in area. Address signs shall be exempt
from the total display area allowed under subsection 1107.1000.
1107.702 Buildina Markers: One building marker sign not to exceed 4 square feet is
permitted per building in all Use Districts.
1107.703 Election Sians: Election signs are permitted on private property in any Use
District with the express consent of the owner or occupant of such property. In a
State general election year, such signs may not be posted before August 1 and
City of Prior Lake
l107lp18
May 22. 1999
Zoning Ordinance
must be removed by those responsible for the erection of the sign or the property
owner within 10 days following the State general election. In any year other than
a State general election year, such signs may not be posted more than 60 days
prior to the election and must be removed by those responsible for the erection
of the sign or the property owner withil\+.1QJlays following the election.
1107.704 No TresDass Sians: "No trespass" and "No dumping" signs not exceeding 2
square feet in area per side and not exceeding 4 in number, per lot, in "R", "C"
and "I" Use Districts are permitted. In "A" Use Districts, such signs shall not be
less than 300 feet apart.
1107.705 Public Riaht-of-Wav Sians: No signs shall be allowed in the public right-of-
way, except the following signs which are permitted: public signs erected by or
on behalf of a governmental body to post legal notices, identify public property,
convey public information, identify a community festival or event, and direct
pedestrian or vehicular traffic; informational signs of a public utility regarding its
poles, lines, pipes, or facilities; emergency signs erected by a governmental
agency, a public utility company, or a contractor doing authorized or permitted
work within the public right of way, mail boxes and newspaper receptacles.
1107.706 Real Estate Sians: One real estate sign may be placed per street frontage and
one sign per lake frontage on property to be sold or leased. Such signs shall be
set back 10 feet from the property line or right-of-way line, whichever is greater.
Placement of real estate signs shall have the express consent of the owner or
occupant of the property. Such sians shall be removed within 7 days followina
the closina of the lease/sale or 90% of buildina occupancy. The area of any
such sign shall not exceed the followina:
>> 1-2 unit buildinas: 6 sa. ft._
>> 3-10 unit buildinas: 10 sa. ft.
>> 10 units or more: 32 sa. ft.
1107.707 Residential NameDlate Sians: One nameplate sign, up to 2 square feet in area
per surface with a maximum of 2 surfaces shall be permitted for single-family
residences.
1107.708 Interior Window Sians: An interior window sign for a business which is part of
a display of merchandise or display relating to sales on the premises is
permitted. Such sign shall not occupy more than 75% of the total window area.
1107.709 Yard Sale Sians: Yard sale signs are permitted and may be displayed 7 days
prior to the sale and must be removed immediately after the end of the yard sale.
1107.710 Wetland Buffer Yard Sians: Wetland Buffer yard sians shall not be removed
without the written consent of the reaulatina aaencv responsible for their
installation.
1107.800: PERMITTED SIGNS; SIGN PERMIT REQUIRED: The signs identified in Table
2 are permitted, provided a sign permit is obtained from the City. A brief
description of the signs and display guidelines follow Table 2.
City (if Prior Lake
l107/p19
May 22. 1999
Deleted:
Fonnatted: Strikethrough
Deleted: be a maximum of 6 square
feet for residential property and
maximum of 32 square feet for all
other properties. Such signs shall be
removed within 7 days following
closing of the lease or sale. Vacancy
signs shall be no larger than 4 square
feet
Fonnatted: Indent: Left: 1.83",
Bulleted + Level: 3 + Aligned at:
2.25" + Tab after: 2.5" + Indent at:
2.5", TabS: 2.08", List tab + Not at
2.5"
Deleted: .
1107.801
\1107.802
1107.803
1107.804
1107.805
Zoning Ordinance
TABLE 2
SIGNS THAT REQUIRE A SIGN PERMIT
Awning signs Marquee signs
Balloon signs Multiple Residential nameplate
signs
Banner signs On-premises directional signs
Business signs Portable signs
Changeable copy signs Streamers, Pennants
(noncommercial)
Construction signs Street Banner signs
Illuminated signs Subdivision Identification signs
Institutional signs Temporary signs
Lake Service signs
Awnina Sians: In a "C" or "I" Use District, signs consisting of letters and/or an
identification emblem, insignia. initial, or other similar design may be painted or
imprinted on an awning, provided the total sign area does not exceed 30% of the
awning surface. Awning signs shall be considered as part of the total wall sign
square footage allotted to the building.
Balloon Sian {Other thaR tethered balleeR SiCilRS}: One temRorary balloon
sign per lot not exceeding ~ 35 feet in height may be erected for a period of not
more than 14 consecutive days in a "C" or "I" Use District. In no case shall more
than 3 permits per property be granted during any calendar year. The signs
shall be set back no less than 1 0 feet from the property line or right-of-way line,
whichever is greater, nor be placed in a location that obstructs the view of
motorists. In no case shall balloon signs take up required off-street parking
spaces.
Banner Sians: In a "C" or "I" Use District, there shall be no more than 3
temporary banner signs on any property. The total area of each banner sign
shall not exceed 32 square feet. Such signs shall be displayed no longer than
~30 total days per calendar year. In no case shall banner signs take up
required off-street parking spaces.
Business Sians: In a Commercial or Industrial Use District, a wall or
freestanding sign that identifies or advertises a business, person, activity, goods,
products, or services located "on-premises" is permitted as otherwise provided
by this Section.
Chanaeable COpy Sians: In a Commercial or Industrial Use District, this
applies to permanent wall or freestanding signs and does not include portable
reader-board signs. Changeable copy signs will be considered as part of the
total wall or freestanding sign area allotted to a property.
May 22. 1999
l107/p20
City of Prior Lake
Fonnatted: Strikethrough
Fonnatted: Strikethrough
( Fonnatted: Strikethrough
1107.806
1107.807
1107.808
1107.809
1107.810
1107.811
1107.812
Zoning Ordinance
Construction Sians: On a development project site or in a subdivision of less
than 30 acres, a maximum of 3 signs not to exceed 100 aggregate square feet
may be erected. For projects of 30 or more acres, a maximum of 5 signs not to
exceed 200 aggregate square feet may be erected. Such signs shall be
removed upon development of 90% of the project. All sianaae shall maintain a
10 foot setback from the propertv boundary.
Illuminated Sians: Illuminated signs are permitted in the Commercial and
Industrial Use Districts. The signs shall be illuminated only by steady, stationary,
shielded light sources that are either directed solely at the sign, or are internal to
them, without causing glare for motorists, pedestrians, or neighboring property.
Institutional Sians: Freestanding or wall institutional signs are permitted in any
Use District provided that the total sign area does not exceed 75 square feet.
Internally or externally illuminated signs are permitted if the sign is located so it
faces an arterial road or collector street as identified in the Comprehensive Land
Use Plan. Reflected glare or spill light from the sign shall not exceed 0.5
footcandle when the source abuts any residential parcel or 1.0 footcandle at any
public right-of-way measured at 1 foot above the ground. Freestanding signs
may be no higher than 6 feet above the adjacent grade or center line grade of
the adjacent street, whichever is higher. lAms. O.~S. {)() ()6; J~~e.;]/28/(J{);. amd. .
Oro. ();] {)2, fJ~e. 1/1 B/03}
Lake Service Sians: Any business which provides a service related to
permitted uses of a lake and is located within 200 feet of a lake may apply for a
sign permit to erect a lake service sign. Signs may be placed, when necessary,
within the Shoreland Overlay District. Lake service signs shall be no higher than
10 feet above the natural grade level and the maximum size of such a sign is
limited to 32 square feet in area. If illuminated by artificial lights, the lights must
be shielded or directed to prevent illumination of or over public waters.
Marauee Sians: In a Commercial or Industrial Use District, signs may be placed
on the vertical face of a marquee and may project from the lower edge of the
marquee not more than 24 inches, but the bottom of a sign placed on a marquee
shall be no less than 8 feet above the sidewalk or above the center line grade of
the adjacent street, whichever is higher, at any point. No part of the sign shall
extend above the top of the roof line for a covered walk or above the top of the
vertical face of the marquee, whichever is more restrictive. Signs shall not be
permitted on a marquee which projects over any public right of way, with the
exception of "C-3" Specialty Business Use District.
Multiple Residential Nameplate Sians: In the "R-3" and "R-4" Use Districts, 1
nameplate sign for each dwelling group of 6 or more units is permitted. Such
nameplate sign shall not exceed 6 square feet in area per surface, and no sign
shall have more than 2 surfaces.
On-Premises Directional Sians: Where one-way access and egress drives are
approved, a sign indicating traffic direction with a maximum area of 6 square feet
may be placed at a driveway within 5 feet of the street right of way. Such signs
shall be no higher than 4 feet above the center line of the adjacent street. A
directional sign indicating the entrance to a two-way driveway may be approved
May 22. 1999
l107/p21
City of Prior Lake
( Fonnatted: Strikethrough
Zoning Ordinance
or required where the Zoning Administrator or designee deems it is necessary to
safely direct drivers.
1107.813 Portable SiQns: A portable sign may be allowed for a period not to exceed 30
days per calendar year, per property, only in Commercial and Industrial Use
Districts. In no case shall more than 3 permits per propertv be aranted durina
anv calendar vear. The maximum area shall be 32 square feet, and the
maximum height shall be 6 feet. The required setback is the same as the
building setback in the Use District. Portable signs shall not be displayed off the
premises of the business that the sign is intended to advertise, with the
exception of signs advertising public and charitable functions approved by the
City. Portable signs may not be used in conjunction with temporary signs as
provided in this subsection. Portable advertising signs that are attached to or
painted on the vehicles parked and visible from the public right of way are
permitted only if the vehicle is licensed and operable and is used by the business
or by an employee of the business for transportation. In no case shall a portable
sign take up required off-street parking spaces.
1107.814 Streamers. Pennants (noncommercial): Temporary streamers and pennants
for noncommercial, public and semi-public uses may be erected for a period of
not more than 14 consecutive days. A maximum of 3 permits per property may
be granted per calendar year.
1107.815 Street Banner: Street banners are permitted in a Commercial or Industrial Use
District for locations authorized by the City Engineer. Such signs may be
displayed 14 days prior to and 3 days after the public entertainment or event.
1107.816 Subdivision Identification SiQns:
(1) Residential Districts. Freestanding signs indicating the name of a residential
subdivision, neighborhood, or business center shall be permitted for the purpose
of permanent identification. At each principal entrance to such an area, a
maximum of 2 signs, not to exceed 50 square feet of sign area per side with a
maximum of 2 sides, excluding decorative landscaping and sign base, will be
permitted on private property. The maximum height of such signs shall be 10
feet above the natural grade.
(2) Commercial and Industrial Districts. Freestanding signs indicating the name
of a business center shall be permitted for the purpose of permanent
identification. At each principal entrance to such an area, a maximum of 2 signs,
not to exceed 50 square feet of s'ign area per side with a maximum of 2 sides,
excluding decorative landscaping and sign base, will be permitted on private
property. The maximum height of such signs shall be 10 feet above the natural
grade.
In Commercial and Industrial subdivisions with frontage along TH13, CSAH 42
and CSAH 21, 1 freestanding subdivision sign may be located along the frontage
of TH13, CSAH 42, or CSAH 21. IN the C-1, C-2, C-3, C-4 and 1-1 districts, the
maximum height of the sign shall be 20 feet above the natural grade. In the C-5
district, the maximum height of the sign shall be 10 feet above the natural grade.
In the C-1, C-2, C-3, C-4 and 1-1 districts, this sign shall not exceed 100 square
feet in area per side. with a maximum of 2 sides. In the C-5 district, the sign shall
City of Prior Lake
May 22. 1999
l107/p22
Zoning Ordinance
not exceed 80 square feet per side, with a maximum of 2 sides. Freestanding
subdivision signs permitted under this subsection must also be located at least
40 feet from any other freestanding sign.
(3) Setbacks. In any use district, a Subdivision Identification Sign must be located at
least 10 feet from any property line. The sign may not be located within a traffic
visibility area as defined in subsection 1101.506.
(4) Easements/Covenants. When such signs are proposed and constructed by an
individual or firm other than the individual or association who will be responsible
for the maintenance, there shall be a covenant prepared by the proponent
establishing responsibility for the maintenance of the sign or signs over the entire
project or subdivision, to be approved by the City Attorney, and to be recorded
on the property title(s) prior to issuance of the sign permit. Further, appropriate
easements shall be provided for the approved signs on the property or properties
where the signs are to be located; the easements shall be recorded prior to the
issuance of the sign permit.
I .(Arne.Ore. 01 07~ P(,J9. 8/18/(1)
1107.817
Temporary Sians: Temporary signs shall be allowed in Commercial and
Industrial Use Districts for permitted businesses and conditional uses; and for
advertising public and charitable events. There shall be a maximum of one
temporary sign within the minimum yard setback area required by this
Ordinance. No more than 3 such signs on any property, and the total area of
each sign shall not exceed 32 square feet. Such signs shall be displayed for no
longer than F+ .2Q..total days in acalendar year. In no case shall more than 3
permits per propertv be oranted durino anv calendar vear. In no case shall
temporary signs occupy required off-street parking space nor shall they be used
in conjunction with portable signs as provided in this Section.
1107.818
Electronic Messaae Sians: In a Commercial or Industrial Use District, 1
electronic message sign may be permitted per property subject to the size and
area requirements identified in subsection 1107.902 for freestanding signs.
Electronic numbers for fuel stations displavino fuel prices are exempt from this
provision. An electronic message sign is a sign that is intended to show
messages and graphics that are changed by electrical pulsations. The applicant
for such a sign shall demonstrate that the light intensity and frequency shall not
be disruptive to traffic, pedestrians or other land uses on adjacent property.
1107.819
Menu Board Sians: In Commercial Use Districts, 1 sign, 32 square feet or
smaller, may be permitted for businesses that serve customers via automobiles.
The menu board sign area may be in addition to the permitted wall and
freestanding sign area of the business. The applicant shall demonstrate that the
proposed sign location will not obstruct pedestrian or vehicular movement nor be
located in an area objectionable to adjacent business or residential lots.
1107.820
Off-Premises Directional Sians: An off-premises directional sign may be
permitted for the purpose of providing off-street direction to a new residential
project or a new public, religious or nonprofit institution within the 12 months
following issuance of the occupancy permit.
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Such a sign shall not exceed 25 square feet per face with a maximum of 2 faces,
and shall conform to the yard setback requirements of the Use District in which it
is located. The sign permit shall be limited to a 1 year period.
1107.821
Public Service Sians: Public service signs shall only be allowed in "C" Use
Districts and the sign area and height must conform to all the requirements of
this subsection.
1107.822
Strinas of Liahts: Lights strung by wire, cord or similar means, other than
temporary holiday lighting, shall only be allowed in Commercial Use Districts. No
flashing or blinking lights shall be permitted.
.1197.82:3
SalleeR SiqR6 (21 Ie 35 feet): SalleeR Gi€lAG. GRail eRly_Ia~. alle'nee! . in
COR'lmersial Use Districts, sl:llajest te tRe ether re~l:IiFem9nts of sl:llasestion
11 Q7.'8Q:?j.
1107.900: PERMITTED SIGN AREA; BUSINESS AND INDUSTRIAL DISTRICTS: The
signs regulated herein refer to on-premises signs that are intended to identify or
advertise a business, person, activity, product or service that are located or
placed upon the private property where the good or service is available. Signs
may not be displayed off-premises, except as specifically allowed by this Section.
On-premises signs must be located or placed upon private property, be securely
built, installed and maintained to conform to the requirements of this Section.
1107.901 Wall Sians: Except in the "C-5" Business Park Use Districts, the total area of
permanent wall signs shall not exceed 20% of the area of the total building front;
provided, buildings over 3,000 square feet of floor area may add one square foot
of sign space for each 100 square feet of floor space over 3,000 square feet.
Within "C-5" Business Park Use Districts, each principal building shall be allowed
wall signage equal to 10% of the area of the front building elevation facing a
public street; provided, multi-tenant buildings with tenant entrances on a side of
the building not facing a public street, may have additional signage on those
entrance sides with a maximum aggregate area per building elevation of 5% of
the area of the front building elevation. In all districts, no individual wall sign may
exceed 200 square feet and no wall sign shall project from the building line more
than 15 inches. (Additional reaulations may applv for specific sians. see Section
1107.800)
1107.902 Freestandina Sians: Within Commercial and Industrial Use Districts, 1
freestanding sign is permitted per street frontage. In the "C-5" Use Districts, the
maximum height shall be 6 feet above the natural grade adjacent to the sign. In
the "C-1", "C-2", "C-3", "C-4" and "1-1" Use Districts, the maximum height of the
sign shall be 20 feet and shall be measured perpendicularly from the highest
point of the sign structure to the grade level of the ground directly below that
point or the grade level of the center line of the adjacent street, whichever grade
level is higher. Except in the "C-5" Use Districts, the maximum size of a
freestanding sign shall be 1 00 square feet per side within a maximum of 2 sides.
Within the "C-5" Use District, the maximum size of a freestanding sign shall be
80 square feet per side with a maximum of 2 sides. No freestanding sign shall
extend beyond a property line, or right-of-way line or be located closer than 40
feet to another freestanding sign. Freestanding signs must be set back at least
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10 feet from the property line, or right-of-way line, whichever is greater, with the
exception of lC_3" Specialty Business Use Districts where a freestanding sign
may have a zero setback (setback measurement will be from the part of the sign
closest to the property or right-of-way line.) (Additional reaulations mav applv for
specific sians. see Section 1107.800)
1107,1000: CALCULATING SIGN AREA: The area of a sign face (which is also the sign
area of a wall sign or other sign with only one face) shall be computed by means
of the smallest square, circle, rectangle, triangle, or combination thereof that will
encompass the extreme limits of the writing, representation, emblem or other
display, together with any material or color forming an integral part of the
background of the display or used to differentiate the sign from the backdrop or
structure against which it is placed. The structural supports for a sign, whether
they be columns, pylons, or a building, or a part thereof, shall not be included in
the calculation of the advertising display area.
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1107.1001 Individual Letters: When attached to the surface of a building, canopy, awning,
wall or window, the sign area shall be calculated as that part of the smallest
rectangle or other geometric shape that encompasses all of the letters or
symbols. The sign area shall include all lettering, wording, and accompanying
designs or symbols.
1107.1002 Multi-Faced Sians: The sign area for a sign with more than one face shall be
computed by adding together the area of all sign faces visible from anyone
point. When 2 identical sign faces are placed back to back, so that both faces
cannot be viewed from any point at the same time, and when such sign faces
are part of the same sign structure and are not more than 42 inches apart, the
sign area shall be computed by the measurement of one of the faces.
1107.1003 Computation of Maximum Total Permitted Sian Area: The permitted sum of
the area of all individual signs on a property shall be computed by applying the
formula contained in subsections 1107.900 and 1107.1000. Properties fronting
on 2 or more streets are allowed the permitted sign area for each street frontage.
.Ho'/.'ever, the tetel sign area tt:lat .is erieRteEl. tewarEl aJ3aFticl::Ilar. street may net
City of Prior Lake
l107/p25
May 22.1999
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OX€leea tl:le fler€lentalJe sf the 9l:lilainlJ tetal silJr1 sfla€ls alleoatisA tl:lat is aerivsd
froFR t!;le flerFRitteel silJr1 area fer tt:le 9l,lilaiFlg.
1107.1004 .Setbacks: Unless noted otherwise in relation to a specific Zonina District or sian u
type. all sianaae shall maintain setback of 10 feet from any property line.
1107.1100: PROHIBITED SIGNS: Except as explicitly otherwise provided in this subsection,
the following signs are prohibited:
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Advertising signs.
Animated signs.
.Bulleen signs, tetl:leree.
Beacons.
Bench signs.
Billboard signs.
Home occupation signs.
paintsel '.vall signs. . _
Projecting signs-outside the C-3 District.
Roof signs.
Traffic interference signs.
1107.1200: SIGN PLAN REQUIREMENTS: No sign permit shall be issued until a sign plan
for the entire property and/or building on which the sign will be erected has been
approved by the Zoning Administrator. The purpose of the sign plan is to
provide accurate information for the City to determine compliance with the
requirements of this Ordinance. The sign plan shall include:
(1) An accurate surveyor plot plan of the property, at such scale as the Zoning
Administrator shall reasonably require. The Zoning Administrator may also
require the applicant locate lot corners on the site to verify the sign location.
(2) Area calculations for each exterior elevation of the building, total building area,
and the proposed location of signs on each exterior wall elevation.
(3) An accurate indication on the surveyor plot plan of the location, area, and
dimensions of each existing wall and freestanding sign and proposed future sign
of any type, whether requiring a permit or not.
(4) Lettering or graphic style, lighting, location of each sign on the building, materials
and sign proportions.
(5) A duplicate copy of the sign information that the property owner will provide to all
tenants with the approved plan.
(6) Plans, specifications, and method of construction or attachment to the building or
in the ground, including all dimensions, showing all light sources, wattage, type
and color lights, and details of any light shield or shades.
1107.1300: SIGN PERMIT REQUIREMENTS:
City of Prior Lake
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1107.1301 Permits Reauired: Before a sign requiring a permit under the provisions of this
Section is placed, constructed, erected, modified, or relocated the property
owner or designee shall secure a sign permit from the Zoning Administrator.
The property owner shall maintain a sign permit for all signs on the property.
Any sign involving electrical components shall be wired by a licensed electrician.
A buildinQ permit mav be required in cases where the International BuildinQ Code
warrants it.
1107.1302 Application: Application for a sign permit shall be made in writing upon forms
furnished by the City. The application shall contain the following information:
~ Name, address and telephone number of the property owner, sign owner
and erector.
~ Address and legal description of the sign location.
~ The sign plan information required by this Section.
~ Other pertinent information as may be required by the Zoning
Administrator.
The permit application shall be signed by the applicant. When the applicant is
any person other than the owner of the property, it shall be signed by the owner
of the property.
1107.1303 Exemptions: The following sign modifications shall not require a sign permit.
These exemptions shall not be construed as relieving the owner of the sign from
the responsibility of its proper erection and maintenance, and its compliance with
the provisions of this subsection or any other law or ordinance regulating the
same.
~ Changing the advertising copy or message on a marquee, changeable
copy, electronic message or similar sign specifically designed for the use
of replaceable copy.
~ Painting, repainting, replacement or cleaning of a legal sign structure or
sign whereby only the color or message is altered.
1107.1400: MAINTENANCE: All signs shall be maintained in a safe, presentable and sound
structural condition at all times. Maintenance shall include painting, repainting,
cleaning, replacement or repair of defective parts and the like.
Any sign which the City finds is in a dangerous or defective condition shall be
removed or repaired by the owner of the sign or the owner of the property on
which the sign is located.
1107.1500: LAPSE OF SIGN PERMIT: A sign permit shall lapse automatically if the
business related to the sign is discontinued for a period of one year. If the sign
is not removed or a new permit for a sign allowed by this subsection has not
been issued within thirty (30) days of notice of permit expiration, the City may
have the sign removed and assess costs back to the property as provided by
Minnesota Statutes, Chapter 429.
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Zoning Ordinance
1107.1600: CANCELLATION: A sign permit shall become null and void if the work for which
the permit was issued has not been completed within a period of 6 months after
the date of permit approval. A permit may be renewed one time for additional 6
months and no additional fee shall be collected for the renewal. This clause
does not apply to temporary or conditional sign permits.
1107.1700: REMOVAL OF SIGNS: If the City finds that any sign, temporary or permanent.
or other structure regulated herein is unsafe or insecure, a menace to the public,
or in violation of the provisions of this Section, the Zoning Administrator shall
give written notice to the holder of the permit. The holder of the permit shall
remove or alter the structure so as to comply with the standards required by this
subsection and indicated by the Zoning Administrator within 7 days after
issuance of such notice. If after receiving said notice such person fails to
remove or alter said sign so as to comply with the provisions of this Section,
such sign shall be deemed to be a nuisance and may be abated by the City by
proceedings taken under Minnesota Statutes, chapter 429, and the cost of
abatement, including administration expenses and reasonable attorneys' fees,
may be levied as a special assessment against the property upon which the sign
is located.
The City may cause any sign or sign structure which is an immediate public
hazard to be removed summarily after a reasonable attempt has been made to
have the property owner remove the sign.
Notice of violation will be sent by certified mail to the property owner and, if
applicable, to the person to whom the permit is issued.
1107.1800: LIGHTING. The purpose of this subsection is to minimize the adverse effect of
light and glare on operators of motor vehicles, pedestrians, and on residential
and other land uses in the vicinity of a light source in order to promote traffic
safety and to prevent the nuisances associated with the intrusion of spillover light
and glare. The requirements of this subsection apply to all exterior lighting
except lighting for signs which is covered under subsection 1107.400 through
1107.1700, street lighting within public rights-of-way, and one and two family
residential structures. In cases where liaht spillaae to adiacent properties cannot
be determined a photometric plan shall be submitted to the Community
Development & Natural Resources Department for review.
1107.1801 General Provisions.
(1) The City shall require submission of a light distribution plan to ensure compliance
with the intent of this Ordinance for all new development, redevelopment and
additions which exceed 20% of the floor area of the principal structure after the
effective date of this Ordinance. This plan, shall include the type and
arrangement of proposed lighting and proposed lighting levels in footcandles at
all locations on the site including its property boundaries. One and two family
residential structures are exempt from this provision.
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Zoning Ordinance
(2) Upon completion of any lighting project, measurement of lighting levels of
properties within the project must be shown to be within Illuminating Engineering
Society (IES) standards as specified in the most recent version of the IES
Handbook and shall comply with the provisions of this Ordinance. Mitigating
measures shall be employed to limit glare and spill light to protect neighboring
parcels and to maintain traffic safety on public streets and roadways. These
measures shall include lenses, shields, louvers, prismatic control devices and
limitations of the height and type of fixtures used,. (Ame. ere. Q1 W,_poo.9/8/()1)
(3) Measurements shall be made after dark at the property line.
(4) Exterior lighting shall be designed and arranged to limit direct illumination and
glare to any contiguous parcel of land. Reflected glare or spill light shall not
exceed 0.5 footcandle when the source of light abuts any residential parcel or
1.0 footcandle when the source of light abuts any commercial or industrial parcel
or any public right-of-way measured at 1 foot above the ground.
(5) The City may limit the hours of operation of outdoor lighting equipment if the City
believes it necessary to reduce the impact of light on the surrounding
neighborhood.
(6) No flickering or flashing lights shall be permitted.
(7) Lighting equipment shall not be placed or permitted to remain on a site if the light
source or its reflected image can be viewed directly from a location off the site
unless ornamental light fixtures are installed in the manner provided in a site and
building plan approved by the City. Ornamental fixtures shall only be approved
when the developer can demonstrate that undesirable off-site impacts stemming
from direct or reflected views of the light source are eliminated by the fixture
design or location of the lighting fixture.
(8) No light source or luminaire shall be located within a bufferyard except on
pedestrian walkways unless it is demonstrated that no other alternative to
provide site lighting is available.
(9) Light poles or standards for exterior lighting shall not exceed a height of 45 feet,
except as provided below.
1107.1802 Outdoor Recreational Liahtina. Outdoor recreational facilities, such as
baseball diamonds and other athletic playing fields which are in existence at the
time of this Ordinance, are exempted from the exterior lighting standards of this
Ordinance between the hours of 4:00 p.m. and 11 :00 p.m. because of their
unique requirements for nighttime visibility and their limited hours of operation.
Any new lighting or replacement lighting shall meet the provisions of this
Ordinance except for subsection 1107.1801(9). Lighting facilities for these
outdoor recreational uses shall not exceed a maximum height of 80 feet.
1107.1900: LANDSCAPING AND SCREENING.
1107.1901
Purpose: The purpose of this subsection is to establish performance standards
and minimum requirements for landscaping, buffering and screening that will
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enhance the visual, environmental, and aesthetic character of property and site
development within the City. These standards will be used to review and
evaluate subdivision and site plans and development proposals.
The objectives of these requirements are to establish and maintain forestation of
the City; to provide appropriate ground cover vegetation for controlled soil
erosion; to preserve and enhance, when necessary, the natural environment,
particularly in instances where the natural environment is disturbed during the
course of development; and to establish standards for utilization of natural and
other materials to achieve desired screening, buffering and landscaping.
This subsection sets forth minimum requirements for landscaping and
reforestation and technical limitations to assure that the result is consistent with
reasonable maintenance requirements on a long-term basis and to assure that
the results provide landscape amenities to the urban environment.
This subsection is intended to provide standards that allow flexibility in design
and individual site needs. Designers are encouraged to utilize a variety of site
landscape elements (Le., trees, shrubs, ground covers, flowers, berms and
ground form, fences, walls, existing topography and vegetation, art forms and
other similar items), in creative ways that are aesthetically pleasing yet functional
where required.
1107.1902
Plan Review Standard: Plan review by the City will include such items as:
choice of materials, especially plantings, to determine if they are functionally
appropriate for the intended purpose; hardiness; disease-resistance; compatible
choice and mix of materials; whether materials complement and/or provide
pleasing contrast to on-site and off-site conditions to maintain interest; and other
issues as site appropriate. Specific site plans may be required to go beyond the
minimum requirements to meet the purpose and objectives of this Section due to
unique or exceptional circumstances and conditions which are existing or
proposed.
1107.1903
Application: This subsection applies to all proposed new commercial, industrial,
multi-family residential (projects of 3 or more dwelling units per building), public
and institutional uses as may be permitted, permitted with conditions or permitted
with conditional use permits within their respective Use Districts. Uses within the
Downtown Redevelopment District as defined in subsection 1101.400 shall be
exempt from this subsection.
Existing commercial, industrial, multi-family residential (projects of 3 or more
dwelling units per building), public and institutional uses shall also comply with
this subsection, except as exempted herein, when a building permit is issued for
their expansion. Exceptions include additions in which the ground building
footprints in total are under 10% of the existing structures gross floor area or
4,000 square feet, whichever is less.
1107.1904 General Provisions and Landscape Reauirements:
(1) To help assure the best possible results, landscaping plans must be prepared
and certified by a registered landscape architect in the State for:
City (ff' Prior Lake
l107/p30
May 22.1999
Zoning Ordinance
)> Commercial, industrial, public and institutional development projects with
sites over 20,000 square feet or gross building area of 4,000 square feet
or more, whichever is less;
)> Multi-family residential projects of 8 or more dwelling units per building.
Projects smaller than those identified above shall be prepared by either a
registered landscape architect or a professional site planner with educational
training or work experience in site analysis and landscape plan preparation.
(2) The quantity of plant materials shown on the landscape plans of proposed
developments shall meet or exceed the minimums as defined herein.
(3) The City requires landscape treatment of the whole site to include the following
elements:
)> The site perimeter.
)> The "entry" focal area(s) of a development (Le., major entity drives,
corner areas, signage locations and other similar focal points).
)> The parking lot landscape.
)> Screening of mechanical equipment, exterior storage, loading docks,
trash storage or visual clutter as identified by the City in plan review
process.
(4) The plant materials used must meet or exceed the City standards of size and
species in order to qualify for credit towards the landscape requirements.
Additional plant materials smaller than required herein may be appropriate and
necessary to achieve the design effect.
(5) Preservation of existing vegetation on site, if it can successfully be incorporated
into the landscape plan, is encouraged and will be credited toward the landscape
requirement. Existing plant materials must meet or exceed the City standard in
order to qualify for a one to one substitution credit.
(6) Plantings at street intersections shall not block visibility within the traffic visibility
zone.
(7) Plantings shall not interfere with drainage patterns, create unreasonable conflict
with utilities (Le., frequent pruning near overhead power lines, etc.) or restrict
access to any utilities.
(8) Landscape coverage shall be defined as all ground areas surrounding the
principal building and accessory buildings which are not garden areas,
driveways, parking lots, sidewalks or patios. All ground areas shall be
landscaped with grass, shrubs, trees or other approved ornamental landscape
material._
(9) Landscapina and/or irriaation systems within City riaht-of-way are not permitted
without written consent of the City Enaineer and an executed Private Use of
Public Property Aareement.
(10) Trees shall be from balled and burlapped. certified nursery stock as defined and
controlled by Minnesota Statutes &18.44 throuah 18.61. the Plant Pest Act. as
may be amended from time to time. Landscapina trees may also be from bare
City (){Prior Lake
l107/p31
May 22. 1999
Zoning Ordinance
root stock. orovided the trees are olanted no later than Mav 15th. and the olantinQ
is insoected bv the City
1107.1905 Calculation of Reauirements. Credits and Sizes:
(1) The planting requirement shall be the sum of the following separate
requirements. These formulas are only intended as a method to generate a
quantitative performance level and not a design instruction. Creativity of design
is encouraged to provide specific solutions.
a. Perimeter Tree Calculation:
> Business/industrial/public/institutional sites shall contain, at a
minimum, the greater of: 1 tree required per 40 feet of the site
perimeter, or 1 tree per 1,000 square feet of gross building area.
> Multi- residential sites shall contain, at a minimum, the greater of: 1
tree per dwelling unit, or 1 tree required per 40 feet of site perimeter.
b. Entry PlantinQs: Each "entry and focal area of a development shall
be treated with landscape development (trees, shrubs, etc.). No numerical
requirement of plants is provided, but the landscape plan shall reflect the
proposed treatment. Trees required on the perimeter calculation are not
applicable to this design feature.
c. Parkina Lot Landscaoe: Requirements for parking lots are outlined in
subsection 1107.204(10).
d. Miscellaneous ScreeninQs: As identified in subsection 1107.1906,
other screening shall be provided. No numerical requirement of plants is
provided. The perimeter tree planting requirement may be used to provide trees
for this purpose.
(2) Plant Sizes: Plants provided by the developer as credit for meeting the
landscape requirement shall meet the following size criteria:
a. Deciduous Canoov Trees: 2 1/2 inch caliper balled and burlapped.
b. Coniferous Trees: 6 feet high balled and burlapped.
c. Others.
> Ornamental or Half Trees: 1 3/4 inches caliper balled and burlapped
(can substitute for canopy trees at a ratio of 2 ornamental/half trees
for 1 canopy tree).
> Other Shrubs: No minimum, except that they must meet the stated
purpose (screening, etc.)
d. All plantings shall be appropriate to the hardiness zone and physical
characteristics of the site. They shall conform to the size and quality standards
in the most current edition of the "American Standard for Nursery Stock" as
published by the American Association of Nurserymen.
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Zoning Ordinance
e. Any deciduous and coniferous trees proposed to meet the minimum
requirements must be included on the list of species in subsection 1107.2105.
f. The complement of trees fulfilling the minimum requirements shall be
at least 25% deciduous and at least 25% coniferous to maintain a mix of plant
types. Any proposed modification to this requirement will consider the site
specific design solution if site conditions are deemed appropriate and other
functional requirements (screening, etc.) are met.
g. Installation will be in accordance with professional horticultural
standards as established in the most current edition of the "Landscape
Construction Reference Manual" as published by the American Nursery and
Landscape Association.
(3) Credits for Existing Materials: The developer may request credit for plant
materials preserved on site provided the developer has demonstrated that the
plant material has been accurately identified by species and location on a survey.
The plant materials correct location shall also be shown on the grading plan with
appropriate measures to ensure their protection and survival (Le., snow fence
barrier, appropriate distance to tree base and root structure, pruning, watering,
mulching, root protection/pruning, timing, fertilization, tree removal
plan/techniques, disease prevention, method to prevent soil compaction over
root systems, etc.) This tree protection/preservation plan shall be prepared by a
qualified forester, registered landscape architect or arborist.
a. Existing trees must conform to the minimum size requirements
identified in subsection 1107.1905(2) above to be credited.
b. Plants must be of approved species included on the list in subsection
1107.2105. Weak wooded and disease prone species are not suitable for credit.
c. The extent of credit will be based on staff review of data (plans and
narrative) presented by the developer. Criteria will include type of material, size,
quality, location and extent of site coverage.
(4) Variation of Plant Sizes:
a. For all landscape plans, at least 10% of the coniferous and/or
deciduous canopy trees must exceed the minimum size (to 8 feet high and 3 1/2
inches caliper balled and burlapped respectively) to establish some diversity in
size.
b. For multi-family projects, 20% of the required plants shall be of larger
sizes. These plants shall be used in the areas for strategic screening, softening
of buildings, focal point enhancement, adjacent to recreational areas for shade,
etc.
1107.1906 Other ScreeninQ: Developers shall make design efforts to fully screen service
areas, trash storage, loading, mechanical equipment and other similar areas,
from view by the general public or adjacent residential areas. The screening
provisions for parking lots shall be followed except that berming heights must be
increased to a minimum of 4 feet with an overall effective screening height of 6
feet. Berms cannot be used as the only method of screening. They must be
City of Prior Lake
l107/p33
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used in combination with other elements. Each site will be evaluated as to its
specific needs and solutions which may exceed these minimum standards.
1107.1907 Buffervards: In cases where 2 uses of differina intensitv abut one another. the
Develooer shall install a buffervard as indicated in Section 1107.2000.
11 07 .190~ Grounds and Lawns:
(1) All areas must be finished off with a stable landscape (trees, shrubs, turf, mulch,
etc.) or hard constructed surface (concrete, bituminous, pavers, etc.) No site
areas can be left unfinished or subject to erosion. Landscape rock or bark/wood
chip mulch may be substituted for sod in shrub and flower planting beds and
building maintenance strips.
(2) All lawn areas and drainage swales shall be sodded. At least a 2 foot width of
sod shall be provided between all paved/curbed areas and seeded/natural/native
areas to provide a finished edge and control erosion. Seeding or reseeding is
allowed for less visible or large and remote portions of a site that are unused or
subject to future development. Seed mixes could include prairie grass or other
appropriate low maintenance mixes. Athletic fields may be seeded.
(3) Slopes in excess of 3:1 will not be allowed in areas intended for maintained turf.
For slopes in excess of 3:1, a slope stabilization plan must be approved by the
City; otherwise terracing and/or retaining walls will be required.
(4) In all areas to be lawn and landscaped, the developer may provide a built-in
irrigation system. In this case, an irrigation plan shall be required at the time of
the building permit. This plan shall indicate the overlapping pattern, head type,
control type and location, source of water and connection method. The system
plan shall be prepared by a qualified designer with experience designing
systems for similar uses, project type, and size. The irrigation system must also
be equipped with a rain sensor. If an irrigation system is not installed, the
developer must meet the provisions of Section 1107.1909. .{3i'RO.O.'O. (}112,
pub. H)/20/01)
(5) Undisturbed areas containing existing viable natural or native vegetation shall be
maintained free of foreign or noxious plant materials. Top seeding or
enhancement of these areas should occur as needed and appropriate to fill in
thin areas and revitalize existing vegetation.
I 11 07 .190~ Maintenance Standards: All cultivated landscape areas shall be maintained by
the property owner to present a healthy, neat and orderly area. This shall
include:
~ Maintain a healthy, pest free condition.
)> Remove dead, diseased or dangerous trees or shrubs or parts thereof.
~ Provide appropriate pruning per National Arborist Association and
American Nurserymen Association Standards.
)> Mowing and/or removal of noxious weeds and grasses.
~ Remove trash and other debris.
~ Watering to ensure plant growth and survival.
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Zoning Ordinance
Natural or native plant communities shall be managed in order to maintain the
plant community for the purpose that it was preserved or created. This includes
trimming as needed of all noxious vegetation and long grasses, removal of trash
or other debris and other horticulturally appropriate maintenance methods for the
specific type of plant community.
1107.19.1Q. Performance Guarantee:
(1) All plants shall be guaranteed by the developer for one year after total project
acceptance, if a built-in irrigation system is installed, or for two years after total
project acceptance if a built-in irrigation system is not installed.
(2) If an irrigation system is installed, the irrigation system shall be guaranteed for
one year concurrent with the plant guarantee. This will assure one winter season
with a fall shut down and spring start-up.
(3) The developer shall notify the City prior to total project acceptance, for City
concurrence on the acceptability of the complete landscape and irrigation system
installation. The City shall issue a letter accepting the landscape and irrigation
system installation and therein fixing the date for guarantee purposes.
(4) For projects without a built-in irrigation system, the developer shall post an
irrevocable letter of credit in a form approved by the City with the City for the
complete landscaping plan, including plants, mulch and edgers, before the
building permit is issued. The letter of credit shall be held by the City for at least
two years following the completion of the project and acceptance of the
landscaping by the City. The letter of credit shall be used, if necessary, to effect
satisfactory completion of the project in the event of incomplete or failed work.
The value of the letter of credit shall be 125% of the estimated construction costs
for plants, mulching and edgers.
(5) Release of the letter of credit shall occur on the date that the City has reinstated
and accepted the landscape and notified developer, in writing, of such
acceptance. Such release date shall not be earlier than 10 days prior to the
expiration of the plant guarantee specified in subsection 1107.1909.
1107.191.:1. Submission Reauirements:
(1) Landscape plans must be drawn to scale, show all proposed plants, quantities
and sizes, seed/sod areas/limits, etc. The plan(s) must include the entire project
area, project name, developer, registered landscape architect or landscape
designer, architect, dates, existing site conditions including topography,
vegetation, ponding areas or water bodies, utilities, boundary data and
sidewalks; proposed site conditions, including grading plan and tree
preservation/protection plan; site lighting, off-site conditions approximately 100
feet beyond the site, and other site conditions that would be expected to affect
landscaping.
(2) Calculations to evaluate compliance with the provisions of this Ordinance
including area in square footage and percentage in total area for building,
parking lot including driveways, landscape areas and total area; and quantities of
trees and shrubs required and planted or preserved.
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Zoning Ordinance
(3) Supportive plans, details, written narrative notes, cross-sections of other
information as may be required by the Planning staff that is reasonable and
necessary to demonstrate the design intent and general compliance with this
subsection.
1107.2000: BUFFERY ARDS
1107.2001 Purpose. This subsection provides the landscaping and width requirements for
bufferyards on lots developed after the effective date of this Ordinance, or for
any use expanded after the effective date of this Ordinance. A bufferyard
combines distance and a visual buffer or barrier to reduce the undesirable
impact of a use on neighboring property. It includes an area, and a combination
of plantings, berms, fences and walls that are required to eliminate or reduce
existing or potential nuisances. These nuisances can occur between adjacent
Use Districts and between different development options within the same Use
District. Such nuisances are dirt, litter, noise, glare of lights, signs and
incompatible land uses, buildings or parking areas. Bufferyards will operate to
minimize the negative impact of any use of neighboring property. Plant material
orooosed to meet necessarv landscaoina reauirements may also be used toward
meetina the ouroose of the buffervard reauirements.
1107.2002 Reauired Locations For Buffervards. Bufferyards shall be located along (and
within) the outer perimeter of a lot wherever 2 uses of differing intensity abut one
another. Bufferyards may be located in required yard areas. Bufferyard
plantings or structures shall not be located on any portion of any existing,
dedicated or officially mapped right-of-way. Properties which are located
adjacent to any City boundary are required to provide a bufferyard when the
more intense use is located in Prior Lake.
1107.2003 Determination Of Reauired Buffervard. The type of bufferyard required is
determined by first identifying the Use District of the property to be developed,
and then by identifying the Use District of the adjacent property. The table below
specifies the intensity of the required bufferyard.
BUFFERY ARD REQUIREMENTS 1
ZONING OF ZONING OF ADJACENT PROPERTY
PROPOSED USE
R-1, R-2 R-3, R-4, C-1 C-2, C-3, C-4
R-3, R-4, C-1 C
C-2, C-3, C-4 D B
C-5, 1-1 E D B
1107.2004 Additional Buffervard Reauirements. Whenever two uses of differing intensity
are located on either side of an existing public right-of-way, including but not
limited to a railroad right-of-way, the bufferyard requirement shall be 1 letter less
than required by the above table. In such instances, 1/2 the width of the right-of-
way may be counted as contributing to the width requirements for a bufferyard.
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Zoning Ordinance
Whenever a property is located adjacent to a municipal boundary, a bufferyard is
required if the more intense development is located within Prior Lake.
1107.2005 Identification Of Detailed Buffervard Reauirements. All bufferyards permit a
variety of bufferyard widths, ranging from 10 feet to 30 feet. The number of
plantings required in each bufferyard is specified in the table below.
To calculate the required number of plantings in a bufferyard, determine the type
and width of bufferyard, and apply the following formula:
Number of Canopy Plantings X Linear Distance/100 = Total Canopy Plantings
Number of Understory Plantings X Linear Distance/100 = Total Understory
Plantings
Number of Shrubs X Linear Distance/100 = Total Shrubs
For example, a Bufferyard C, 15' wide on a 250' lot, will require the following
plantings:
2.0 X 250/100 = 5 Canopy Plantings
4.0 X 250/1 00 = 10 Understory Plantings
6.0 X 250/100 = 15 Shrubs
DEFINITIONS OF BUFFERY ARD OPTIONS
(Requirements are per 100' of distance)
Bufferyard Width: Canopy .UnEieFstary Shrubs StructuresL
Plantings Plantings Fences
Ornamental
Half Trees.
A ~ .:t-,Q .:t-,Q M
W M .:t-,Q M
B 10' 1.0 2.0 3.0
15' 0.8 1.6 2.4
20' 0.6 1.2 1.8
C 10' 2.5 5.0 8.0
15' 2.0 4.0 6.0
20' 1.6 3.2 4.8
25' 1.2 2.4 3.6
D 10' 2.7 5.4 8.0 F1
20' 3.0 6.0 9.0
25' 2.4 4.8 7.2
30' 1.8 3.6 5.4
E 10' 3.0 6.0 8.5 F2
15' 4.5 9.0 13.5 F1
20' 5.0 10.0 15.0
25' 4.0 8.0 12.0
30' 3.0 6.0 9.0
*width refers to separation distance between property line and site improvements
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Zoning Ordinance
In bufferyards D and E, fences are required in addition to the plantings when a
narrow bufferyard is used. The required fences are represented by the symbols
F1, F2 and F3, and correspond to the illustration of fences. Building walls which
are located within 15 feet of any property line may be considered to be an F3
wall provided that no doors open into the area, and that required bufferyard plant
units are installed between the wall and property line.
1107.2006
Plant Materials. Planting materials for bufferyards must meet the following
criteria:
)0
)0
All plants shall be winter hardy in Prior Lake.
All plants shall fall under one of the following categories: canopy tree,
.undeFEltory ornamental tree, evergreen tree, ornamental shrub or
evergreen shrubs. In addition, herbaceous plants such as perennial,
prairie grasses and ornamental grasses may be used under certain
circumstances. The permitted types of trees shall be those listed as
significant trees in subsection 1107.2105.
~
...... - .....,....
F, ~ lffiIDIDIDIilll
. - ....
F, ~ I l
-~
F, 6'
--
1107.2007 Party Resoonsible for Installation of Buffervard. If a use is proposed which
adjoins or is across the street from an existing use which results in requirements
for a bufferyard, that proposed use shall provide said bufferyard.
1107.2008 Exceotions to Buffervard Reauirements. Plant material existing on a parcel
which meets the bufferyard planting requirements for location, size and species
may be counted toward the total bufferyard plant material requirements.
Bufferyard plant materials which are existing on an adjacent developed parcel of
land may be counted toward total plant material requirements if the minimum
bufferyard width is provided and a voluntary agreement with the adjoining
landowner can be negotiated which is consistent with the provisions of this
section.
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Zoning Ordinance
1107.2100: TREE PRESERVATION AND RESTORATION
1107.2101
Intent and Purpose. It is the intent of the City of Prior Lake to protect, preserve
and enhance the natural environment of the community, and to encourage a
resourceful and prudent approach to the development and alteration of wooded
areas in the City. This subsection has the following specific purposes:
).0 Recognize and protect the natural environment consistent with the city's
mission statement and goals of the comprehensive plan through
preservation and protection of significant trees.
).0 Promote protection of trees for the benefits provided, including beauty,
protection against wind and water erosion, enhancement of property
values, noise reduction, air quality, energy reduction, buffering, privacy
and natural habitats.
).0 Establish requirements related to cutting, removal or destruction of
existing trees, especially significant trees.
).0 Establish reasonable requirements for replacement of significant trees.
).0 To allow the development of wooded areas in a manner that minimizes
and mitigates the removal and destruction of trees, preserves aesthetics,
property values, and the nature and character of the surrounding area
).0 To provide for the fair and effective enforcement of the regulations
contained herein.
1107.2102 Application. This Ordinance applies to the following sites in the City of Prior
Lake:
).0 All new public or private development on either platted or unplatted
property.
).0 New construction on vacant building sites on lots platted before January,
1996.
).0 Redevelopment of sites platted prior to January, 1996, where existing
structures are removed or destroyed.
1107.2103 Acceptable Species.
(1) Coniferous Tree. Coniferous trees are considered to be "significant" for
purposes of this Ordinance at a height of 12 feet or more. Species of coniferous
trees required to be surveyed for tree preservation plan approval are as follows:
Arborvitae TWhite Cedar).
Fir, Doualas
Fir, White
Hemlock, Canada (Eastern)
Junioers
Larch, Eastern (Tamarack)
Larch, Eurooean
Pine, Austrian
Pine, Eastern White
Pine, Muao
Pine, Ponderosa
Pine, Red (Norwav)
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(2) Deciduous Tree. Deciduous trees are considered to be significant at 6 diameter
breast height (DBH) inches or more. Species required to be surveyed are as
follows:
Ash, Green
Ash, White
Basswood
Beech, Blue
Birch, River
Canada Red Cherry, Shubert
Catalpa, Northern
Chokecherry, Amur
Chokecherry, Shubert's
Coffee-tree, Kentucky
Corktree, Amur
Crabapple (ornamental)
Dogwood, alternate-leafed
Elm, Accolade
GinkQo (Male trees)
Hackberry
Hawthorns
Hickory, Bitternut
Honeylocust, Imperial
Honeylocust, Skyline
Ironwood
Kentucky Coffeetree
Lilac, Japanese tree
Linden, all varieties
Maple, all varieties
Mountain Ash, European and Showy
Mulberry, Red
Nannyberrv
Oak, Burr
Oak, Chestnut
Oak, Northern Pin
Oak, Northern Red
Oak, Pin
Oak, Red
Oak, Scarlet
Oak, Swamp White
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Oak, White
Plum, American and Canada
Redbud, Eastern
Serviceberrv.
Walnut, Black
(3) Heritage Tree. Any tree on the above list, or on the list included in the City's
Public Works Design Manual, in fair or better condition which equals or exceeds
the following diameter size:
Tree Diameter Size
27" dbh.
24" dbh.
Exam les
Oaks
Pine
a. A tree in fair or better condition must meet the following criteria:
~ A life expectancy of greater than 10 years.
~ A relatively sound and solid trunk with no extensive decay or hollow.
~ No major insect or pathological problem.
~ A lesser size tree can be considered a heritage tree if a certified
forester determines it is a rare or unusual species or of exceptional
quality.
~ A lesser size tree can be considered a heritage tree if it is specifically
used by a developer as a focal point in the project.
(4) Other Trees. Trees not included in the above species list may be included for credit
as part of the Tree Inventory subject to City approval and the following criteria:
~ A life expectancy of greater than 10 years.
~ A relatively sound and solid trunk with no extensive decay or hollow.
~ No major insect or pathological problem.
~ A certified forester determines it is a rare or unusual species or of
exceptional quality.
~ It is specifically used by a developer as a focal point in the project.
1107.2104 Tree Preservation Plan Approval Reauired. It is unlawful for any person to
engage directly or indirectly in land alteration, as defined in this Ordinance,
unless such person has first applied for and obtained approval from the City's
Zoning Officer or other authorized city official of a tree preservation plan. No
preliminary plat, building permit, grading permit, or other City required permit
shall be granted unless approval of a tree preservation plan has first been
obtained.
(1) Prior to submittal of a preliminary plat application where there is impact to
trees, the applicant may meet with City staff to discuss alternative designs
for the development of a site. This meeting may also be part of a Concept
Plan review, permitted under Section 1002.100 of the City Code.
(2) Alternatives analysis: The following guidelines shall be considered when
developing or reviewing proposed development alternatives:
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Zoning Ordinance
a. It is capable of being done from an engineering point of view;
b. It is in accordance with accepted engineering standards and
practices;
c. It is consistent with reasonable requirements of the public health,
safety, and welfare;
d. It is an environmentally preferable alternative based on a review of
social, economic, and environmental impacts; and
e. It would create no truly unusual problems.
f. Any plans reviewed by the City as part of this alternative analysis
shall be kept on file at the City.
(3) Determination of impact minimization. The applicant shall provide
justification that the preferred alternative will minimize impacts to trees.
The following guidelines shall be used:
a. The location of existing structural or natural features that may dictate
the placement or configuration of the project;
b. The sensitivity of the site design to the natural features of the site,
including topography, hydrology, existing vegetation, preservation of
natural vistas, and impacts on adjacent property. In cases of infill
development, consideration shall be placed on sensitivity to adjacent
properties;
c. The value, function, and spatial distribution of the trees on the site;
(4) Unavoidable impacts. Unavoidable impacts that remain after efforts to
minimize, rectify, or reduce require replacement according to Section
1107.2106 (3).
1107.2105 Tree Preservation Permit Process.
(1) Application. Application for approval of a tree preservation plan shall be
made in writing to the Zoning Administrator. This application may be made
separately or may be included as part of a development application.
Information to be included in the application includes at least the following:
a. A Tree Preservation Plan exhibiting a stamp/certification and
signature of the certified forester or arborist. The Tree Preservation
Plan shall be prepared at the same scale as the proposed
development plan and shall show the following:
~ Survey location of all significant trees;
~ A significant tree summary sheet identifying the species of all
significant trees located on the map;
~ Identification of critical root zones extending from trees located on
adjacent tracts, including the location and species of the trees;
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Zoning Ordinance
~ A table of area sizes for the following:
~ Existing site area, floodplain area, and forest area.
~ Proposed areas of tree retention.
~ Proposed areas of tree removal.
~ Proposed areas of reforestation and afforestation.
~ A graphic delineation of the following areas:
~ Proposed significant tree retention areas.
~ Proposed afforestation and reforestation areas.
~ Proposed limits of disturbance.
~ Steep slopes of twenty-five (25) percent or more;
~ Wetlands, including any required buffers;
~ Topographic contours and intervals;
~ Such other information that the City determines is necessary to
implement this chapter.
b. A simplified Tree Preservation Plan may be submitted where trees do
not currently exist on the site or where existing trees will not be cut,
cleared, or graded for the proposed development, and where
adequate tree protection devices and long-term agreements are
established for the protection of existing significant trees. This
simplified plan may be included on the "Existing Conditions Survey"
required as part of the preliminary plat.
(2) Allowable Tree Removal.
a. Following the concept plan review and alternative analysis, listed in
Section 1107.2104, significant trees may be destroyed without any
required replacement within the width of required easements for public
streets, utilities and storm water ponding areas.
b. In areas outside of the exempted areas listed in subsection (a), up to
35% of the total dbh inches of all significant trees may be removed
without replacement or restitution.
c. Vacant Lot Development on Lots Platted Prior to January, 1996.
On individual lots, up to 35% of the total dbh inches of all significant
trees may be removed for the installation of utilities, driveways and the
building pad without tree replacement or restitution.
d. Redevelopment of Lots Platted Prior to January, 1996, and
Developed Lots. On previously platted and developed lots, where the
structures have been removed or destroyed to more than 50% of the
current market value, up to 35% of the total dbh inches of all significant
trees may be removed for the installation of utilities, driveways and
building pads without tree replacement or resolution.
e. Significant trees in excess of the limitations of this Section may be
removed, provided all trees removed in excess of said limitations shall
be replaced in accordance with the Tree Replacement Formula.
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Zoning Ordinance
(3) Tree Replacement Formula. Replacement of removed or disturbed trees
in excess of the percentage allowed by this subsection shall be according
to the following guidelines:
a. For development which exceeds the percentage of allowable removal of
significant trees, all trees shall be replaced at the ratio of 1/2 caliper
inch per 1 dbh inch removed.
b. For each heritage tree saved, the developer may receive credit towards
the required replacement trees. This credit will be at a rate of 2 caliper
inches for each 1 dbh inch saved. To receive this credit, the applicant
must demonstrate that extraordinary measures have been taken to
preserve the heritage trees that otherwise would not be saved.
c. Required replacement trees shall be planted on the site being
developed. The applicant may also request approval to plan
replacement trees on boulevards. Planting on such sites shall be done
at the discretion of the City.
d. Minimum sizes for replacement trees shall be:
~ Deciduous - 1 1/2" caliper
~ Coniferous - 6 feet in height
e. Replacement trees shall be from balled and burlapped, certified nursery
stock as defined and controlled by Minnesota Statutes ~18.44 through
18.61, the Plant Pest Act, as may be amended from time to time.
Replacement trees may also be from bare root stock, provided the
trees are planted no later than May 15th, and the planting is inspected
by the City.
f. Replacement trees shall be covered by a minimum 1-year guarantee.
g. Replacement trees shall be of a species similar to other trees found on
the site where removal has taken place, or shall be selected from the
list of significant coniferous and deciduous trees found in the Public
Works Design Manual. Selection of replacement tree types for use on
public sites shall be at the sole discretion of the City.
h. Where heritage trees have been removed, replacement trees shall
consist of the same species as the removed heritage tree, or a tree that
has the same potential value as the removed heritage tree. This value
shall be certified by a certified forester or arborist. For the purposes of
this paragraph, value is defined as a species which has the same
growth and life potential as the removed tree.
i. New subdivision trees, as required by Section 1005.1000, may be
counted towards required replacement. New subdivision trees must
meet the size requirements listed in Section 1005.1001.
i. .Replacement trees may be utilized to meet JandscapinQ reQuirements if~
placement. species. and location are consistent with necessary
landscapinQ provisions.. .
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0.25" + Tab after: OS' + Indent at:
OS', Tabs: 1.63", Ust tab + Not at
OS'
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Zoning Ordinance
(4) Certification of Compliance with Approved Landscape Plan. Upon
completion of the required landscaping, the Developer shall notify the City
and request an inspection of the work. Following the inspection, the City
shall notify the Developer that all work has been satisfactorily completed, or
what work is still required. The required warranty period outlined in Section
(5) below, shall begin on the date of the letter satisfactory completion
issued by the City.
a. The City of Prior Lake may, at its option, hire a consultant to verify and
advise the City on matters involving this Ordinance. Any and all costs
incurred by the City in hiring a consultant shall be reimbursed by the
Developer, if not included within a Development Contract.
(5) Warranty Requirement.
a. Sites of New Development. The Developer shall provide a financial
guarantee, in a form satisfactory to the City, prior to the approval or
issuance of any permit for land alteration.
~ The amount of the guarantee shall be 125% of the estimated cost
to furnish and plant replacement trees. The estimated cost shall
be provided by the Developer subject to approval by the City. The
estimated cost shall be at least as much as the reasonable
amount charged by nurseries for the furnishing and planting of
replacement trees. The City reserves the right in its sole
discretion to determine the estimated cost in the event the
Developer's estimated cost is not approved.
~ The security shall be maintained for at least 1 year after the date
that the last replacement tree has been planted. Upon a showing
by the Developer and such inspection as may be made by the
City, that portion of the security may be released by the City equal
to 125% of the estimated cost of the replacement trees which are
alive and healthy at the end of such year. Any portion of the
security not entitled to be released at the end of the year shall be
maintained and shall secure the Developer's obligation to remove
and replant replacement trees which are not alive or are unhealthy
at the end of such year and to replant missing trees. Upon
completion of the replanting of such trees the entire security may
be released.
b. Previously Platted. Vacant Lots. For construction on vacant lots
platted prior to January, 1996, the developer shall provide a cash
escrow in the amount of $500.00 to guarantee compliance with the
requirements of this Ordinance. Said security shall be released upon
certification of compliance by the developer to the satisfaction of the
City. Notwithstanding the foregoing, no portion of the security shall be
released while there are unsatisfied Developer's obligations to
indemnify the City for any expenses in enforcing the terms of this
agreement.
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c. Redevelopment of Lots Platted Prior to January, 1996, and
Developed Lots. For construction on previously platted and developed
lots, the developer shall provide a cash escrow in the amount of
$500.00 to guarantee compliance with the requirements of this
Ordinance. Said security shall be released upon certification of
compliance by the developer to the satisfaction of the City.
Notwithstanding the foregoing, no portion of the security shall be
released while there are unsatisfied developer's obligations to indemnify
the City for any expenses in enforcing the terms of this agreement.
d. The City may retain from the security required in (a), (b) and (c) above
as reimbursement an amount expended by the City to enforce the
provisions of this section.
1107.2106 Entry on Private Propertv and Interference with Inspection. The City's
Zoning Administrator and/or his/her agent may enter upon private premises at
any reasonable time for the purposes of enforcing the regulations set forth in this
Section. No person shall unreasonably hinder, prevent, delay or interfere with
the City's Zoning Administrator or his/her agents while they are engaged in the
enforcement of this Section.
1107.2107 This Ordinance does not apply to dead and diseased trees. The City's diseased
tree program is found in City Code Section 602.
(Amd. Ord. 106-09, pub 12/2/06)
1107.2200: ARCHITECTURAL DESIGN
1107.2201 Purpose. The purpose of this Section is to serve the public interest by requiring
development in the City to meet certain minimum architectural design standards.
Through a comprehensive review of both functional and aesthetic aspects of new
or intensified developments, the City needs to accomplish all of the following
objectives:
~ Implement the goals and policies set out in its Comprehensive Plan;
~ Preserve the character of residential neighborhoods and the City's
commercial and industrial areas;
~ Maintain and improve the City tax base;
~ Reduce the impacts of dissimilar land uses;
~ Promote orderly and safe flow of vehicular and pedestrian traffic;
~ Discourage the development of identical and similar building facades
which detract from the character and appearance of the neighborhood;
~ Preserve the natural and built environment; and
~ Minimize adverse impacts on adjacent properties from buildings which
are or may become unsightly.
1107.2202 Standards. The provisions in subsection 1107.2202 apply to commercial,
industrial, multi-family residential (projects of 3 or more dwelling units per
building), public and institutional uses.
(1) The visual impact of rooftop equipment shall be minimized using one of the
following methods:
~ A parapet wall.
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~ A fence or screen, the height of which extends at least 1 foot above the
top of the rooftop equipment and incorporates the architectural features
of the building.
~ The rooftop equipment shall be painted to match the roof facing material
of building.
(2) The development must locate the noise-producing portions of the development,
such as loading docks, outside storage and outside activity away from adjacent
residential areas.
(3) All outside storage areas shall be screened to minimize off-site views using a
bufferyard type "C" or greater, as defined by Section 1107.2005.
(4) Utility service structures such as utility meters, utility lines, transformers,
aeneratrors. above ground tanks, fuel canisters. refuse handling, loading docks,
maintenance structures, and other ancillary equipment must be inside a building
or be entirely screened from off-site views.
(5) All utility services shall be under ground except as provided elsewhere in this
Ordinance.
(6) Exterior surface materials of buildings shall be subject to the following
regulations:
a. Classes of Materials: For the purpose of this subsection, materials shall
be divided into Class I, Class la, Class II and Class III categories as follows:
Class I: Brick, marble, granite or other natural stone, textured cement or
synthetic stucco, copper, porcelain, and glass are Class I exterior building
materials on buildings other than those used as dwellings which contain eight or
fewer dwelling units. Synthetic stucco shall be installed a minimum of four feet
above the foundation of the building. Wood, fiber cement or higher impact rated
vinyl siding (at least .044 inches in thickness) and prefinished metal are Class I
materials on residential buildings containing eight or fewer dwelling units in
addition to the other Class I materials listed in this subsection. Cast-in-place or
precast panels are considered Class I materials in the 1-1 district in addition to
the other Class I materials listed in this subsection. .(amd. O.'e. (H 26 fJoo.
9/2MJ4)
Class la: Fiber cement siding.
Class II: Exposed aggregate concrete panels, burnished concrete block, integral
colored split face (rock face) and exposed aggregate concrete block, cast-in-
place concrete, artificial stone, prefinished metal.
Class III: Unpainted or surface painted concrete block (scored or unscored),
unpainted or surface painted plain or ribbed concrete panels, and unfinished or
surface painted metal.
b. Minimum Use of Class I Materials Required. At least 60% of each
building face visible from off-site must be constructed with Class I materials
except as permitted by subsection 1107.2202(6,d) below. Where Class la
materials are used in combination with Class I materials, the sum of the Class I
and Class la materials shall be equal to or greater than 60% and at least 30% of
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the building face must be Class I materials. Class la materials are credited at .75
square feet for each 1 square foot.
c. Maximum Use of Class III Materials Permitted. Not more than 10% of
each building face visible from ff-site may be of Class III materials. Metal garage
doors on residential structures may not exceed 20% of the building face.
Portions of buildings not visible from off the site may be constructed of greater
percentages of Class II or Class III materials if the structure otherwise conforms
to all City ordinances. The mixture of building materials must be compatibly
integrated.
d. Buildings in the General Industrial Use District: Class I materials may
be reduced to a minimum of 25% for building walla in the I: 1 Use. District which
are not facina or located on a principal arterial, minor arterial, major collector, or
adjacent to or across from any "R" Use District, provided that the remaining
materials are functionally and durably equal to a Class I material as certified by
the developer's architect or the manufacturer.
.Clas.s.1 materials _ m~ bereell:lseel. tea miF!iml:lm ef 2e%fer g~i1e1in~ \\'all~ in. the
"I 1" Use District fasing eF! a I'lril'lsipal arterial, mil'ler arterial er majer cellecter, er
adjacent te er asross from any "R" Use Distrist, I'lrevieleel that the remaiF!ing
materials are fl:mstienally aReI e1l:1rably elill:lal te a Class I material as seFtifieel by
the e1evelel'ler's aroAitect er the preell:lst manl:lfastl:lrer anel tAat the The
architectural design and site plan meet the following minimum criteria:
~
~
The exposed height of the building wall shall not exceed 15 feet.
The number of required plants shall be increased by 20%.ef- and the size.
of 20% of the .over:stery ornamental trees installed shall be. increased to 3
1/2 caliper inches.
A minimum of ..+G% 15% of the building .facade must be windows or glass.
spandrels.
~
e. Use of Non-Listed Materials. Staff may permit an exterior surface
material not identified in subsection 1107.2200(6) provided the material is
a result of new technology, and is equal to or better in quality and
durability than those materials identified. The applicant must submit the
manufacturer's warranty of the non-listed material. This subsection does
not intend to reduce the percentage of required materials.
~ arne. arG. Q417, fJ1:J9. 4/1 '7/{)<t)
(7) In addition to the minimum criteria, the following additional architectural design
elements may be considered in determining whether to permit the reduced use
of Class I materials: building bulk, general massing, roof treatment, proportion of
openings, facade design elements and variation, fenestration, compatibility of
materials, color, and texture. Site plan design elements which will be considered
in determining whether to reduce the Class I building material requirement
include quantity, quality, variation, compatibility, and size of plant materials,
landscape berms and screening walls. Also considered will be the overall
harmony and unity of the various elements of the architectural design and site
plan within the site and also within the larger context of the area or corridor.
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May 22. 1999
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,.Go nEll'ally, .I:n:lilein~s. of. !Elwor. l:1aigAt, .1~~sElr. bulk, JlitsAeG Elr. ~aglee.. reefs,.
varietians in 'esaee, ene Rymerays 'enElstretiens ane el:leRin~s will be
Gonsiearod eli~ible far a r:eeystian in tAO yse af Class I materials. Generally, sito
pieRS witA iReraesea emaYRt, '.'arietian aRa sizo af laRasGal:le matarials and
hi~her laneseel:la germs eRa sereeniR~ walls \I.-ill ee saRsieElr:ee eligigla far Class
I material r:eaystion.
(8) Building design shall be consistent with the following requirements:
a. The height, bulk, general massing, roof treatment, materials, colors,
textures, major divisions, and proportions of a new or remodeled building shall
be compatible in design style and character with that of other buildings on the
site and on adjacent sites.
b. No unbroken building wall may exceed a 4: 1 ratio of wall length to wall
height, and each building wall deviation at the 4:1 ratio shall be a minimum depth
of 4 feet; where a maximum 3:1 wall length to wall height ratio is used, the
minimum depth of each building wall deviation may be reduced to 3 feet; where a
maximum 2: 1 wall length to wall height ratio is used, the minimum depth of each
building wall deviation may be reduced to 2 feet.
c. No building may display more than 5% of any elevation surface in bright,
pure accent colors.
d. Design review shall be done by the Planning Department.
e. The site lighting shall provide adequate light for the safety and welfare of
persons using the site but shall not present a nuisance or hazard and shall
otherwise comply with Section 1107.1800. In cases where liaht spillaae to
adiacent properties cannot be determined a photometric plan shall be submitted
to the Communitv Development & Natural Resources Department for review.
f. For projects within all Use Districts where the lot area exceeds 50,000
square feet, at least 1 % of the lot area shall be devoted to pedestrian use such
as plazas or walks.
g. New additions, alterations, or accessory buildings: The exterior wall
surface materials, roof treatment, colors, textures, major divisions, proportion,
rhythm of openings, and general architectural character, including horizontal or
vertical emphasis, scale, stylistic features of additions, exterior alterations, and
new accessory buildings shall conform to the original architectural design and
general appearance of the principal building(s) on the site and shall comply with
the requirements of this subsection.
h. The relationship of the building to the site and adjacent property,
including site access and pedestrian movement shall be complementary.
i. In any instance where the Zoning Administrator denies a permit or a
request for preliminary approval of building materials or building design, the
applicant may submit an appeal of the interpretation, based upon the plans and
other papers on file in the office of the Zoning Administrator, to the Board of
Adjustment without payment of additional filing fees of any kind. Appeals shall
be considered according to the procedure outlined in Section 1109.300.
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1107.2203 Architectural Standards ADDlvina to One and Two Familv Residential Uses.
Individuals, builders or groups of builders shall not construct a house design
which has identical front elevations to any house or proposed house where a
building permit has been issued with the following exceptions:
a. Identical front elevations may be allowed on no more than 25% of platted
lots within a block. However, identical front elevations shall not be allowed on
adjacent lots or in cul-de-sac turnarounds.
b. The provisions of this subsection apply to Planned Unit Developments
and Conditional Use Permits, but may be modified with the consent of the City
Council.
c. To determine compliance with this subsection, the Zoning Administrator
may require the permit applicant to submit exterior elevations of the proposed
structure, and photographs of the front exterior of neighboring houses, in
addition to all required materials for a building permit application listed in
subsection 1109.501. A list of exterior finish materials and colors may also be
required.
1107.2300: NON-CONFORMITIES. Nothing in this subsection shall be construed to permit a
violation of any section of the Prior Lake Code or the continuation of any unsafe
or unsanitary condition.
1107.2301
Purpose. The purpose of this subsection is to provide for the elimination of all
nonconforming uses and certain other nonconformities by:
~ Recognizing certain developments which lawfully existed prior to the
effective date of this Ordinance.
~ Prohibiting the enlargement, intensification, expansion, rebuilding or
extension of non-conformities.
~ Provide criteria which provide for the reconstruction of non-conforming
uses which are damaged by fire or other natural disaster.
~ Encouraging the elimination of non-conformities or minimize their impact
on adjacent properties.
~ Requiring certain non-conformities either to comply with the Ordinance or
terminate.
~ Providing an equitable system for the termination of certain non-
conformities.
1107.2302 General Reauirements. A legal nonconformity existing at the time of this
Ordinance may be continued except as provided herein:
(1) Right to Continue. A legal nonconformity may be continued at the size and the
manner of operation existing at the time of adoption of this Ordinance, except as
provided herein.
(2) Expansion Prohibited. A nonconformity shall not be enlarged, extended,
expanded or changed in any manner or dimension except to comply with the
provisions of this Ordinance.
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May 22. 1999
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(3) Intensification Prohibited. A nonconforming land use shall not be intensified in
character or operation. Intensification shall include, but not be limited to,
increased hours of operation, expansion of the use to a portion of the property
not previously used, expansion of a parking area and increased number of
employees.
(4) Damaged or Destroyed Structures. If the cost to repair a non-conformity
involving a damaged structure is more than 50% of the County Assessor's
market value of the structure at the time of the damage, the structure shall be
removed or made to conform with this Ordinance within 12 months of the
occurrence of the damage.
(5) Reduction In Non-Conformity. Any non-conformity which is reduced in size,
intensity or otherwise becomes more conforming may not again expand or
become less conforming. Removal of a structure, relocation, reduction, or
elimination of any site element, such as outdoor storage, is a reduction in
intensity.
(6) Conditional Use Permits. The City may not issue a Conditional Use Permit for
any property which contains a non-conformity unless the non-conformity is
removed as a condition of the Conditional Use Permit.
1107.2303 Special Reauirements.
(1) Non-conforming Land Use.
a. Termination of Riahts Throuah Discontinuation of the Use. If a legal non-
conforming land use terminates operations or use for a period of time exceeding
6 months or if the land or building is vacant for a period of time exceeding 6
months, the City may infer an intent to abandon the use and the non-conforming
rights granted by this section are terminated and any future use of the land must
comply fully with this Ordinance.
As evidence of an intent to discontinue or abandon the operation or use, the City
may consider, but is not limited to, the following factors:
> Filing of a petition for tax abatement;
> Notice of tax forfeiture;
> Disconnection of utilities;
> Boarding up and securing of building;
> Voluntary destruction of the building or property;
> Voluntary change to a conforming land use;
> Unpermitted and illegal change from one non-conforming land use to
another;
> Change in business practices;
> Lease or conveyance of property for a different use, including sublease of
the premises for another non-conforming use or the same use conducted
by another tenant;
> Any other factors from which an intent to discontinue or abandon may be
reasonably inferred.
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May 22. 1999
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b. Chanae in Tenant or Ownership. Any change of a tenant or in the
ownership of any land which is classified as a legal non-conforming land use
shall require the new tenant or owner to obtain a Certificate of Occupancy before
the non-conforming use may be continued.
c. Permitted Construction. Construction is permitted on a lot under the
following circumstances:
~ Where a legal non-conforming land use exists and where the
construction is determined by the Building Official to be necessary to
bring the building into compliance with applicable health and safety
codes.
~ Where the construction would allow additions and alterations to buildings
containing legal non-conforming residential units provided they comply
with the following:
. The construction will not result in an increase in the number of
dwelling units.
. The building (parcel) is not located in an area which the Council has
designated as a high priority for redevelopment according to an adopted
redevelopment strategy or plan. For the purpose of this section, a
redevelopment strategy or plan shall be defined as a document and/or
process which specifically outlines the area to be redeveloped and may
include timeliness and/or action steps to be taken, or which are being
taken, to achieve the redevelopment. These action steps may include,
but are not limited to, solicitation of developers, the purchase of property,
environmental testing or remediation, demolition of structures and other
similar activities.
d. Reduction in Intensitv. A non-conforming land use may be changed to a
less intense non-conforming land use subject to approval by the Zoning
Administrator. The property owner or tenant has the burden of providing
evidence that the proposed land use is less intense than the existing non-
conforming land use. The Zoning Administrator shall consider the evidence
provided by the property owner or tenant in evaluating relative intensities,
including, but not limited to each of the following factors:
~ Hours of Operation;
~ Signage;
~ Off-street parking and loading;
~ Nature of business operations;
~ Type of equipment or machinery;
~ Outdoor storage;
~ Number of employees;
~ Aesthetic impacts on surrounding property;
~ Property values.
The decision of the Zoning Administrator may be appealed in the manner set
forth in subsection 1109.300.
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Zoning Ordinance
(2) Nonconforming Structures.
a. Permitted Construction. In the following cases, construction is permitted
on or within a legal non-conforming structure:
~ Construction which is determined by the Building Official to be necessary
to bring the building into compliance with applicable health and safety
codes.
~ Construction which does not extend, expand or intensify the non-
conformity.
~ Routine maintenance and non-structural alterations and repairs that do
not extend the useful economic life of the structure.
(Further clarify the difference between what constitutes a remodel of a
non-conformina structure vs. a new construction buildina - City Attornev
is ccurrentlv reviewina)
b. Any single family detached dwelling unit which exists on J.4ay 1, _1999, the_
effective date of this Ordinance, on any nonconforming lot located within 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.
(3) Non-Conformity as a Result of Government Action. If a governmental body
takes land by exercise of its right of eminent domain and by that taking creates a
parcel which does not conform to the width, area, or yard requirements of this
Ordinance, the non-conforming parcel shall become a legal non-conformity and
may be used thereafter only by complying with the provisions of this section,
however, such a legal non-conformity is exempt from the amortization provisions
as contained in this Ordinance. The same non-conforming status of the non-
conforming parcel will result if the governmental body acquired the land by
negotiation rather than by condemnation.
If the owner of a property which becomes a legal non-conformity as the result of
a governmental taking applies for a variance to reinstate the legal status to the
property, the governmental taking shall constitute a hardship for the purpose of
the variance.
(4) Nonconforming Signs. All non-conforming signs must be brought into
compliance with this Ordinance or removed within 1 year from the effective date
of this Ordinance.
(5) Nonconforming Parking.
a. Any use on any property which contains a non-conforming parking lot or
paved area shall not be expanded or intensified unless the property is brought
into compliance with the standards contained in subsection 1107.204. However,
all unpaved non-conforming parking lots must be brought into compliance with
Section 1107.204 (5) within 5 years of the effective date of this Ordinance. In
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addition to the other penalties provided by law the City may withhold a Certificate
of Occupancy for any property not in compliance with this Section.
b. Any land use which does not provide the number of parking spaces
required by subsection 1107.300 for the amount of parking provided may remain
as a non-conformity; however, the land use may not be expanded or intensified
unless it provides the parking spaces required under this Ordinance for the
expansion or intensification. A use will be considered to be expanded or
intensified if any of the following occur:
~ The floor area is increased.
~ The parking requirement is increased.
~ The building bulk is increased.
c. Land uses with non-conforming parking in terms of numbers of stalls
shall not be required to provide additional parking to bring the use into
compliance if such parking would occupy required yards or buffer yards.
(6) Nonconforming Lighting. All site lighting on commercial or industrial properties
which exceeds the maximum allowable light levels at the property line or where
the direct light source is visible from off the site must be modified to comply with
subsection 1107.1800 or be removed from the site within 1 year of the effective
date of this Ordinance.
1107.2304 Appeals. With the exception of subsection 1107.2303(1 d), the provisions of
subsection 1107.2301 through 1107.2304 inclusive are not subject to appeal to
the City Council.
1107.2305 Nonconformina Use. A Certificate of Occupancy shall be issued for all legal
non-conforming uses of land or uses of buildings created by adoption of this
Ordinance, or in existence at the effective date of this Ordinance. Application for
a Certificate of Occupancy for a non-conforming use shall be filed with the
Zoning Administrator by the owner or lessee of the building or land occupied by
the non-conforming use within 1 year of the effective date of this Ordinance.
Failure to apply for a Certificate of Occupancy for a non-conforming use or
refusal of the Zoning Administrator to issue a Certificate of Occupancy for a non-
conforming use after an application has been made shall be prima facie
evidence that such use did not lawfully exist at the effective date of this
Ordinance. Issuance of a Certificate of Occupancy shall be subject to any
inspection of the premises the City deems appropriate. The City may impose
conditions consistent with and in furtherance of requirements of the City
Ordinance Code.
Any subsequent change in ownership, lessee, size or manner of operation in a
non-conforming use shall require that a new Certificate of Occupancy for non-
conforming use be issued.
(THIS SPACE INTENTIONALLY BLANK
FOR FUTURE AMENDMENTS)
City afPrior Lake
May 22. 1999
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