HomeMy WebLinkAbout9B - Zoning Ordinance and Zoning Map Amendments
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:: ~~\ 4646 Dakota Street S.E.
U ~ Prior Lake, MN 55372-1714
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CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
MAY 18,2009
9B
JEFF MATZKE, PLANNER
CONSIDER APPROVAL OF AN ORDINANCE AMENDING THE ZONING
MAP AND SECTIONS 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108,
1109,1110,1111,1112, AND 1113 OF THE ZONING ORDINANCE
DISCUSSION:
Introduction
The purpose of this agenda item is to review and seek City Council approval of
proposed amendments to the Zoning Ordinance and Zoning Map to make
them both consistent with the 2030 Comprehensive Plan. (The proposed
Zoning Ordinance Sections and Zoning Map are enclosed in a separate binder.
Historv
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. Since the adoption of the
2030 Comprehensive Plan City Staff and the Planning Commission have been
working to complete the necessary revisions.
The Planning Commission has held several workshops and 5 public hearings
over the last year to discuss the amendments and present them to the general
public. The Planning Commission recommends approval of these amendments
to the Zoning Ordinance and Zoning Map. In addition the city council has
conducted three work sessions to review and propose revisions to the
document.
Current Circumstances
In addition to the proposed amendments that bring the Zoning Ordinance and
Zoning Map into conformance with the 2030 Comprehensive Plan, additional
amendments are being proposed that are intended to make the Zoning
Ordinance more understandable and user-friendly for citizens, business
owners, and developers.
ISSUES:
The vast majority of the proposed amendments are not substantive in nature.
However, some of the key areas the City Council may want to review closely
relate to the following:
Zonina MaD
. In a limited number of cases, properties were adjusted from one Zoning
District to another to make the density consistent with the new density
standards approved with the 2030 Comprehensive Plan.
. The TC-T Transitional Town Center Use District was added in
conformance with the 2030 Comprehensive Plan.
www.cityofpriorlake.com
Phone 952:447:9800 I Fax 952A4T4245
Section 11 01-General Provisions
. Various definitions were added (Accessory Apartment, Condominium,
Dwelling-Single Family Attached, Dwelling-Single Family Detached,
Model Home, New Construction, Remodel, Sales Trailer, Stable-
Commercial, Stable-Private, School, Townhouse, etc).
. After the sign definition, the specific definitions for types of signs (Le.:
construction, real estate, etc) are referenced by section and instead
relocated in the sign portion of the Code (Section 1107.400).
. Sales Trailers were added as a Temporary Use.
. The Land Use Descriptions were rearranged to be in alphabetical
order.
. Land Use Descriptions were added/revised (Contractor Yard, Copy
Shop, Printing Process, and Transportation Facility).
Section 1102-Use District Reaulations
. Accessory Apartment was added as a use in all residential districts and
the agricultural district.
. The R-2 (Low-Medium Density Residential) and R-3 (Medium Density
Residential) Districts were combined into a single medium density
residential district (new R-2 Medium Density Residential).
. Accessory structure regulations (under the Residential Performance
Standards) were changed including allowance for a maximum size of
1,000 feet total square feet or 30% of the rear yard as well as
additional criteria.
. The C-2 (Community Business) and C-4 (General Business) Use
Districts were combined into a single General Business Use District
(new C-2 General Business).
. Car Wash regulations were added as a separate use in the C-1 and
new C-2 Districts.
. The C-3 (Specialty Business) Use District was renamed the TC (Town
Center) Use District in accordance with the 2030 Comprehensive Plan
Map. Additional design guidelines were added to the TC District.
. The TC-T (Transitional Town Center) Use District was created to
correspond with the Transitional Town Center Classification under the
2030 Comprehensive Plan Map.
. Convention Halls, Outdoor Sales (Display), Private Entertainment
(Indoor), Marinas, and Animal Handling uses in the newly proposed C-2
District would now require Conditional Use Permits (previously these
uses were listed with minor conditions in the C-4 but needed a CUP in
the C-2 District).
. Contractors Yard Use conditions were added to the 1-1 Industrial Use
District.
. Parking setbacks and structure setbacks were added/revised for the
commercial and industrial use districts.
. Shopping Centers greater than 275,000 square feet of gross floor area
currently require a Conditional Use Permit. As was discussed by the
City Council at a past workshop, a proposal to change this requirement
to all shopping center greater than 150,000 square feet will be
considered. Because this change was not part of the original proposal
it will be reviewed at a public hearing and presented to the City Council
for approval at a future meeting.
Section 1104 - Shoreland Reaulations
. Additional language was added to specify the necessary requirements
for the geotechnical engineering report needed for all construction
within a buff impact zone or bluff setback.
. Yard encroachments into the lakeshore and bluff setbacks remain in
this section. Yard encroachments into front, rear, and side yards are
referenced to the location in the General Provisions Section (1101.503)
. Legally existing water-oriented accessory structures are allowed to be
replaced similar to the way the ordinance treats replacement decks.
. Various minor language changes were made to create consistency with
the newly approved Public Works Design Manual.
Section 1105 - Flood Plain Reaulations
. Language revisions for department classifications were completed.
Section 1106 - Planed Unit DeveloDments
. Formatting of the PUD Amendment subsection was completed to
improve customer comprehension
Section 11 06A - Senior Care
. Due to inactivity, this section is proposed for removal. In more recent
years most senior care facilities have been developed under the
Planned Unit Development (PUD) ordinance or the Elderly Housing
permitted use in a commercial zoning district.
Section 11068 - Flexible DeveloDment in Areas With Hiah and Moderate
Qualitv Natural Communities
. Minor formatting changes
Section 1107 - General Performance Standards
. Hard surface driveways are required for accessory structures that have
potential access to a public or private street.
. All temporary, portable, and banner signs were given the same display
timeframe (30 days, 3 times per year). This proposal will simplify the
time limits of temporary signs.
Section 1108 - Conditional Use Permits. Variances. and Amendments
. Addition of a public hearing requirement for revocation of a Condition
Use Permit and Variance
. Changes are proposed to the variance findings of fact language to
increase similarity with the Minnesota Statutes
. Language revisions for department classifications were completed
Section 1109 - Administration Procedures
. Language revisions for department classifications were completed.
Section 1110 - Communications Towers
. Minor changes to clarify tower use in park locations and amateur radio
antenna height limitation change.
. No changes (references to this section were added in the C-2, TC, and
1-1 Use Districts Sections)
.
Section 1112 - Official MaDs
. Minor formatting changes
Section 1113 - Sianaae For Facilities of Reaional Sianificance
. Minor formatting changes
A considerable amount of time and effort has been spent to be comprehensive
in the scope of revisions. Numerous topics have been discussed during the
review process and some have not been included as ordinance revisions at
this time.
Transitional zoning has been used to describe the evolving state of existing
and new land uses in the downtown area. Transitional zoning is not a term
that corresponds to a specific use district. The term 'Transitional Zoning" has
been used in the downtown area only. There are other areas within the City
that are in transition. For example, there are areas that are guided and zoned
residential today, but are likely to move more toward commercial in the future.
"Transitional" is not a recognized use district; although Staff believes it is
appropriate to signal where a use district is in a state of evolution - similar to
the way the downtown area has been treated.
The proposed Zoning Ordinance also does not include "green provisions"
which are intended to encourage more earth friendly development There is
currently an initiative underway to prepare such revisions. The City Council
received a report from graduate students from the Humphrey Institute at the
University of Minnesota who have researched possible green alternatives.
Once this initiative is complete, the City Staff will consider recommendations
for green revisions to the Zoning Ordinance.
We have also incorporated into the document suggestions made by City
Council members at the three workshops. Examples include language
revisions for Copy Shops, Printing Process, and Architectural Design
Regulations.
A zoning ordinance is a living document that is always in a state of evolution;
similar in some respects to how some zoning districts are in a state of
transition. Although every effort has been made to bring the zoning ordinance
completely up to date, not all issues that need to be addressed have been
addressed. Over the months to come City Staff will bringing additional single
issue amendments.
The City Attorney has reviewed these proposed ordinance amendments. The
City Staff and the Planning Commission recommend the proposed Zoning
Ordinance and Zoning Map amendments for adoption by the City Council.
FINANCIAL
IMPACT:
The proposed rezoning amendments will provide several properties in the City
the opportunity to be used for more varied types of commercial land uses
thereby increasing the general tax base.
1. Adopt an ordinance for the proposed amendments to the Zoning Map and
Zoning Ordinance and approve a resolution for an ordinance summary to
be published in the local paper.
2. Defer this item and provide staff with specific direction.
ALTERNATIVES:
Two separate motions are required:
1. The Planning Commission and City Staff recommend a motion and
second to adopt an ordinance for the proposed amendments to the
Zoning Map and Zoning Ordinance.
2. A motion to approve a resolution for an ordinance summary to be
published in the local newspaper. The ordinance will become effective
after publication.
RECOMMENDED
MOTION:
ReVie~~J j~
Frank BOYle7tager
-
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO. 09-XX
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP AND SECTIONS
1101,1102,1103,1104,1105,1106,1107,1108,1109,1110,1111,1112,AND
1113 OF THE ZONING ORDINANCE
MOTION BY:
SECOND BY:
The City Council of the City of Prior Lake does hereby ordain:
1. In accordance with Minnesota Statute Law, the Planning Commission has
held public hearings regarding these amendments to the Zoning Ordinance
and Zoning Map on April 14, 2008; May 12, 2008; June 24, 2008; December
22, 2008; and February 9, 2009.
2. The City Council has considered the advice and recommendation of the
Planning Commission, City Staff, and others pertaining to the Zoning
Ordinance and Zoning Map for the City of Prior Lake.
3. The City Council makes the specific findings set forth in Exhibit A attached
hereto.
4. The document entitled Draft Zoning Ordinance, dated May 18, 2009,
attached hereto as Exhibit A is hereby adopted and hereby replaces the Prior
Lake Zoning Ordinance Sections 111.1.100 through 1113.1000.
5. This ordinance shall become effective on June 1, 2009 and after its passage
and publication.
Passed by the City Council of the City of Prior Lake this 18th day of May, 2009.
ATTEST:
City Manager Mayor
Published in the Prior Lake American on the 30th day of May, 2009.
Drafted By:
Prior Lake Community Development & Natural Resources Department
4646 Dakota Street SE
Prior Lake, MN 55372
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Page 1
Phone 952.447.9800 / Fax 952.447.4245
EXHIBIT A
FINDINGS OF FACT
1. The City Council finds it necessary to regulate land by:
a) Providing for land uses that are permitted in the City.
b) Regulating the location of land uses that are permitted in the City.
c) Regulating dimensional standards relating to height, floor area ratio, side yard abutments,
minimum lot width, front yard setbacks, front and rear yard depth requirements, and
housing density.
d) Imposing performance standards on land uses that regulate, in part, vibration, glare and
heat, industrial waste material, noise, air pollution, outside storage, traffic, hours of
operation, outdoor activity, parking, utilities, vehicular access, light, landscaping,
bufferyards, signage and proximity to other uses.
2. Further, the City Council finds that these regulations are reasonable and relate to promoting a
legitimate government interest.
3. The City Council finds, based upon its experience and judgment, public testimony, advice
and recommendation of City staff, the Planning Commission, and other expert opinion, that in
certain circumstances, land use regulations, including, but not limited to, regulating permitted,
accessory, permitted with conditions, and permitted as conditional uses, and requiring compliance
with dimensional and performance standards do not provide sufficient protection to the health,
welfare and safety of the citizens of the City to protect against nuisances.
4. The City Council has the authority to prohibit new land uses in the City which are
detrimental to the health, safety and welfare of the citizens, inconsistent with the goals, objectives
and policies set forth in the Comprehensive Plan, cause diminution in property values, spread of
urban blight, or are a nuisance.
5. The City Council has the authority under its statutory police powers to enact reasonable
legislation to preserve and protect the health, welfare, and safety of the community and to prohibit
certain land uses in the City that the Council reasonably believes may have adverse effects on
surrounding neighborhoods and property values or are a nuisance.
6. The City Council finds that in order to promote the health, welfare and safety ofthe
community, to maintain property values and to implement the goals and policies of the
Comprehensive Plan, it is necessary to:
a) Rezone certain properties consistent with the goals, objectives and policies set forth in the
Comprehensive Plan;
b) Prohibit the establishment of new land uses in the city which have the likelihood of
creating impacts generally associated with public nuisances;
c) Impose performance standards on commercial and industrial uses based upon the
proximity of the commercial and industrial use to other uses; and
d) Impose conditions on the expansion, enlargement, intensification and reconstruction of
nonconforming uses.
7. Further, the City Council finds that actions set forth in Finding 6 (a-d) are necessary and
reasonably related to promoting legitimate government interests.
8. The Zoning Ordinance establishes land uses that are permitted in the City either as permitted
uses, uses permitted with conditions, or uses permitted with conditional use permits.
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9. The City Council finds that uses classified as pennitted uses are those that do not have the
tendency to create significant noise, vibration, odor, dust, fumes, emissions, heavy traffic, glare,
crime, diminution in property values, urban blight or unpleasant aesthetics; but that from time to
time it may be necessary to amend the zoning ordinance relating to uses that are permitted in the
City.
10. The City Council finds it necessary to eliminate and prohibit certain land uses that are
incompatible within the nature and character of the City, incompatible with surrounding
neighborhoods and are inconsistent with the goals set forth in the Comprehensive Plan.
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RESOLUTION ADOPTING A SUMMARY OF THE NEW ZONING ORDINANCE FOR
PUBLICATION PURPOSES
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY:
SECOND BY:
The City Council has considered the advice and recommendation of the
Planning Commission, staff reports and other pertinent material pertaining to
the comprehensive Zoning Ordinance and Zoning Map for the City of Prior
Lake, and the testimony of interested persons at public hearings on April 14,
2008; May 12, 2008; June 24, 2008; December 22, 2008; and February 9,
2009; and
The current Prior Lake Zoning Ordinance 1001.100 through 1113.1000 are
hereby repealed; and
On May 18, 2009, the City Council adopted Ordinance 09-XX adopting a
Comprehensive Zoning Ordinance and Zoning Map for the City of Prior Lake,
and setting forth specific findings of fact; and
Minnesota Statutes requires publication of the Zoning Ordinance in the official
newspaper; and
Minnesota Statutes also allow the publication of a summary of this ordinance;
and
The City Council has determined the publication of a summary of this
ordinance will meet the intent of the statute.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA, that the City Council approves the following summary of the new Zoning
Ordinance adopted by Ordinance 09-XX, and authorizes publication of the following summary:
SUMMARY OF ORDINANCE 09-XX, THE COMPREHENSIVE ZONING ORDINANCE FOR
THE CITY OF PRIOR LAKE
The comprehensive Zoning Ordinance for the City of Prior Lake is a new zoning ordinance and
is intended to regulate and guide current and future development in the City. The ordinance
consists of thirteen major sections as follows:
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
General Provisions
Use District Regulations
Overlay Districts
Shoreland District Regulations
Flood Plain District Regulations
Planned Unit Developments
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~~Yofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
Section 6A
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Flexible Development in Areas with High and Moderate Quality Natural
Communities
General Performance Standards
Conditional Use Permits, Variances and Amendments
Administration Procedures
Communication Towers
Adult Uses
Official Maps
Signage for Facilities of Regional Significance
The following is a summary of each major section of the ordinance.
Section 1: General Provisions. In this section, the City Council finds it necessary to establish
minimum requirements to protect the public health, safety, morals, comfort, convenience and
general welfare of the people. Major changes to this Section include the following:
. Various definitions were added (Accessory Apartment, Condominium, Dwelling-Single
Family Attached, Dwelling-Single Family Detached, Model Home, New Construction,
Remodel, Sales Trailer, Stable-Commercial, Stable-Private, School, Townhouse).
. The specific definitions for types of signs (Le.: construction, real estate, etc) are
referenced by section and instead relocated in the sign portion of the Code (Section
1107.400).
. Sales Trailer was added as a Temporary Use.
. The Land Use Descriptions were rearranged to be in alphabetical order.
. Land Use Descriptions were added/revised (Contractor Yard, Copy Shop, Printing
Process, and Transportation Facility).
Section 2: Use District Reaulations. This section contains the requirements for eleven Use
Districts in the City. These districts are:
A Agricultural
R-S Rural Subdivision Residential
R-1 Low Density Residential
R-2 Medium Density Residential
R-3 High Density Residential
TC Town Center
TC-T Transitional Town Center
C-1 Neighborhood Commercial
C-2 General Business
C-3 Business Park
1-1 General Industrial
In each district, specific land uses are permitted, permitted with conditions, permitted with
conditional use permits, permitted through the Planned Unit Development process, or permitted
as accessory uses. The Use District regulations also specify specific performance standards
which must be met, as well as dimensional standards including lot area, lot width, building and
parking setbacks, floor area ratio, and height limits.
The purpose of the "A" Agricultural Use District is to protect existing agricultural investments until
such time as public utilities may be extended and there is a need for additional urban
development.
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The purpose of the "R-S" Rural Subdivision Residential Use District is to provide suitable areas for
large lot development outside of the Metropolitan Urban Service Area identified on the
Comprehensive Plan. The emphasis in these areas is on single family residential development.
The Use District provides for other uses which are compatible with the overall low density of these
areas and which will serve the residential neighborhood.
The purpose of the "R-1" Low-Density Residential Use District is to provide areas where the
emphasis is on single-family residential development. The Use District provides for other uses
which are compatible with the overall low-density of these areas and which will serve the
residential neighborhood.
The purpose of the "R-2" Medium-Density Residential Use District is to provide for areas with a
mixture of single family and two family dwellings at a higher density. The Use District also
provides for other uses which are compatible with the development in the area and still maintain
the overall medium density.
The purpose of the "R-3" High-Density Residential Use District is to provide for multi-family
residential uses of the highest intensity, along with supportive uses of similar intensity.
The purpose of the "TC" Town Center Use District is to provide for a variety of commercial uses
within the framework of a traditional downtown area. The district also contemplates and
provides for pedestrian circulation, urban and civic design and the creative reuse of existing
buildings.
The purpose of the "TC-T" Transitional Town Center Use District is to provide a special
designation for the fringe areas of the historical and recognized downtown business area.
Eventually redevelopment, stimulated in part by available City programs, should encourage the
complete transition of this district to commercial uses which are compatible with the purposes of
the Town Center. New development and redevelopment in the TC-T will only be permitted if it
conforms to the uses allowed in the "TC" Town Center Use District
The purpose of the "C-1" Neighborhood Commercial Use District is to provide for low intensity,
service-oriented commercial uses for surrounding residential neighborhoods. Limits will be
placed on the type, size and intensity of commercial uses in this district to insure and protect
compatibility with adjacent residential areas.
The purpose of the "C-2" General Business Use District is to allow the concentration of general
commercial development for the convenience of the public and a mutually beneficial
relationship to each other; to provide space for community facilities and institutions that
appropriately may be located in commercial areas; to provide adequate space to meet the
needs of modern commercial development, including off-street parking and truck loading areas;
to minimize traffic congestion; and to carefully regulate the intensity of commercial development
as it refers to both internal site factors and external impacts.
The purpose of the "C-3" Business Park Use District is to promote high standards of design and
construction for business park uses in the City. These standards are set forth in order to
enhance the visual appearance of each business park within the City, to preserve the taxable
value of property and to promote the publiC health, safety and welfare.
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The "1-1" General Industrial Use District is intended to provide areas of the community which will
allow general industrial uses which, due to their size and nature, would not conform to the "C-5"
Business Park Use District.
Major changes to this Section include the following:
. Accessory Apartment was added as a use in all residential districts and the agricultural
district.
. The R-2 (Low-Medium Density Residential) and R-3 (Medium Density Residential) Districts
were combined into a single medium density residential district (new R-2 Medium Density
Residential) .
. Accessory structure regulations (under the Residential Performance Standards) were
changed including allowance for a maximum size of 1,000 feet total square feet or 30% of
the rear yard as well as additional criteria.
. The C-2 (Community Business) and C-4 (General Business) Use Districts were combined
into a single General Business Use District (new C-2 General Business).
. Car Wash regulations were added as a separate use in the C-1 and new C-2 Districts.
. The C-3 (Specialty Business) Use District was renamed the TC (Town Center) Use District
in accordance with the 2030 Comprehensive Plan Map. Additional design guidelines were
added to the TC District.
. The TC-T (Transitional Town Center) Use District was created to correspond with the
Transitional Town Center Classification under the 2030 Comprehensive Plan Map.
. Convention Halls, Outdoor Sales (Display), Private Entertainment (Indoor), Marinas, and
Animal Handling uses in the newly proposed C-2 District now require Conditional Use
Permits
. Contractors Yard use conditions were added to the 1-1 Industrial Use District.
. Parking setbacks and structure setbacks were added/revised for the commercial and
industrial use districts.
Section 3: Overlav Districts. This section lists the 3 overlay districts allowed by the Ordinance.
Overlay districts are Use Districts that encompass one or more underlying Use Districts and
that impose additional requirements above that required by the Use District.
Section 4: Shoreland Reaulations. The Legislature of Minnesota has delegated responsibility
to the municipalities of the State to regulate the subdivision, use and development of the
shorelands of public waters and thus preserve and enhance the quality of surface waters,
preserve the economic and natural environmental values of shorelands, and provide for the
wise utilization of waters and related land resources. Major changes to this Section include the
following:
. Additional language added to specify the necessary requirements for the geotechnical
engineering report needed for all construction within a buff impact zone or bluff setback.
. Legally existing water-oriented accessory structures are allowed to be replaced similar
to the process for replacement decks.
. Various minor language changes were made to create consistency with the newly
approved Public Works Design Manual.
Section 5: Flood Plain Reaulations. The purpose of the Flood Plain regulations is to regulate
development in areas subject to flooding in order to minimize the potential loss of life, property
and health and to minimize safety hazards, disruption of commerce and governmental services
and impairment of the tax base.
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Section 6: Planned Unit Develooments. The purpose of this section is to allow the creation of
Planned Unit Developments that allow greater flexibility in the development of a parcel by
tailoring the development to the site and neighborhood. This section outlines the Planned Unit
Development process and criteria, the minimum requirements, and the allowed modifications.
Section 6A: Flexible Develooment in Areas with Hiah and Moderate Qualitv Natural
Communities. The purpose of flexible development is to preserve and protect the specified
High and Moderate Quality Natural Communities.
Section 7: General Performance Standards. This section contains rules and regulations which
may apply to certain properties or certain types of developments in the City. Major changes to
this Section include the following:
. Hard surface driveways are required for accessory structures that have potential access
to a public or private street.
. All temporary, portable, and banner signs were given the same display timeframe (30
days, 3 times per year).
Section 8: Conditional Use Permits. Variances and Amendments. This section establishes the
criteria and the procedures for obtaining a conditional use permit and a variance. It also
establishes criteria and procedures for amendments to the Zoning Ordinance, the Zoning Map
and the Comprehensive Plan. Major changes to this Section include the following:
. Addition of a public hearing requirement for revocation of a Condition Use Permit and
Variance
. Changes are proposed to the variance findings of fact language to increase similarity
with the Minnesota Statutes
Section 9: Administration Procedures. The purpose of this subsection is to outline the general
administration procedures and provisions of this Ordinance.
Section 10: Communication Towers. This section outlines the general requirements and
restriction for communication antennas and towers within the City.
~ection 11: Adult Uses. In order to protect the City's community image, property values, public
health, safety, welfare and business environment, the City has found it necessary to restrict
which businesses may be located within the City, and to regulate certain businesses. Only
those businesses with potential secondary impacts on neighboring properties and the City are
intended to be regulated. This Section is not intended to restrict or regulate art.
Section 12: Official Maps. This section defines Official Maps according to Minnesota Statutes,
and establishes the procedures for the adoption of an official map. Major changes to the Zoning
Map include the following:
. In a limited number of cases, properties were adjusted from one Zoning District to
another to make the density consistent with the new density standards approved with
the 2030 Comprehensive Plan.
. The TC-T Transitional Town Center Use District was added in conformance with the
2030 Comprehensive Plan.
Section 13: Sianaae for Facilities of Reaional Sianificance. The purpose of this ordinance is
to establish standards to encourage the effective use of off-premise signs as a means of
directing vehicular and pedestrian traffic to Facilities of Regional Significance.
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A complete text of the newly adopted zoning ordinance can be found at City Hall or in the
Document Center on the City of Prior Lake Website on or after June 1, 2009.
Passed and adopted this 18th day of May, 2009.
YES
NO
I Haugen
I Hedberg
Erickson
LeMair
I Millar
Haugen
Hedberg
Erickson
LeMair
Millar
Frank Boyles, City Manager
City of Prior Lake
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SUBSECTIONS
1101.100:
1101.200:
1101.300:
1101.400:
1101.500:
1101.600:
1101.700:
1101.800:
1101.900:
1101.1000:
1101.1100:
SECTION 1101
GENERAL PROVISION
Purpose and Intent
Overview
Rules of Construction
Definitions
General Provisions
Districts Established
Zoning Map
Boundaries
Uses Not Listed
Land Use Descriptions
Motorcycles
1101.100:
1101.101
May 1,1999
wn, cited and referred to as the Prior Lake
d to herein, it shall be known as "this
Council of the City of Prior Lake, Minnesota,
the following:
t the re "tJlifll,q,psiness, industrial and public areas of the community and
their sfaO:!l[W.~i~}}
~; ^^
the most appropriate and orderly development of the residential,
ndustrial, public land and public areas.
dequate light, air and convenient access to property.
congestion in the public rights-of-way.
revent over crowding of land and undue concentration of structures and
population by regulating the use of land and buildings and the bulk of buildings in
relation to the land surrounding them.
(6) Provide for compatibility of different land uses by segregating, controlling and
regulating unavoidable nuisance producing uses.
City of Prior Lake
110 l/p 1
(7) Require that development proceed according to the goals and policies established
in the City's Comprehensive Plan.
(8) Maintain a tax base necessary to promote the economic welfar
insuring optimum values for property in the City.
11 01 . 1 03
To implement these findi
minimum requirements
convenience and general"
City into use districts and est~bli
construction, reconstruction, ~t ~ration~
Ordinance, establishes
'l morals, comfort,
ance shall divide the
(9) Enhance the aesthetic character and appearance of the C'
(10) Conserve natural resources and environmental asse
(11) Provide adequate off-street parking and loading
(12) Provide effective administration of this Orgi
this Ordinance and prescribe penalties f ...
(13) Establish a continuing system of fevie
amended to meet changing needs of the co
technology.
1101.200:
THIS ZONING This Ordinance provides for the
regulation of .ses and structures within the City. The
regulations are iQt~!"lged to effectuate the goals and policies of
ensive Plan, to al~Ure for the orderly and efficient growth within
n ealth, welfare, and safety of the community and
g property, living in, or involved in a business in
e provisions of this Ordinance.
into various subsections many of which interrelate with
e Ordinance. The Ordinance provides for rules governing
arious isions are to be interpreted and how to reconcile what may
e con Icts between Sections.
l1ance divides the City into 1142 Use Districts. Within each Use District
certai ses of land are either permitted, permitted with conditions or permitted by
congtlonal use permit. The Ordinance also allows for certain uses on a temporary
$IS and subject to certain conditions. If a particular use is not listed in a Use
(strict it is prohibited. The Ordinance provides a process to evaluate functionally
similar uses to determine whether they also are allowed in a Use District.
1101.203
In addition to classifying uses and prescribing which Use Districts they may be
allowed in, this Ordinance establishes performance standards and dimensional
standards for particular uses. Performance standards are such things as lighting,
bufferyard and landscaping standards and restrictions on noise and hours of
City of Prior Lake
May 1,1999
llOl/p2
operation. Dimensional standards are such things as setbacks, minimum lot size
and height restrictions. +Aese d:::-:a:::-a: may be :Io:!:jeot to \'arians:: ike:-:a-:r=:
Gfi.t::-I:: :::-e-meh
11 01.2~1
Any use of I::na-e:- st:-lloture which lawfully existed on May 1, 1 ~ii, the dat: t~is
Gf:!ir.c:nS8----'A'a: aaapteEl, mClY continue 3S a Ic:\vfu.I-.--A:>'1 ~,>,~. g l;::e-ef
struotur:, :::I!:ject to conditions.
1101.2Ga204 The Ordinance provides for procedures and processe
connection with obtaining a Conditional Use Per']l,
ordinance interpretation and activities which requirea;~& other p
for example, home occupations. .....
t be followed in
yilding permit,
..i[from the City;
;"""<"":":,:{:<:;:;'"
us,
the Planning ComJ?I~.>n,
rocedures to requ~$r an
GfuOrdinance. Wherever
and "procedures are to be
1101.200205 Any person who violates
following enforcement to
City Councilor equitable r %'>
in enforcing any provision df~!his
the City and shall be recoverEt~2thro
damages against the property."Y
ubject to any of the
l~s imposed by the
s incurred by the City
all consij e damages incurred by
eding or by assessing said
1101.2G+206
resolution fees for land use
rules of construction govern the
des the past and future tenses and the future includes the
",,"shall" is mandatory, and the word "may" is permissive.
y.,:.,.,'
When~Ver a word or term which is defined in this Ordinance appears in the text of
thisn'rdinance, its meaning shall be that stated in subsections 1101.400 and
91. 1 000. Words or terms which are not defined in this Ordinance shall have
eir ordinary and usual meaning at the time the word or term is being applied to a
zoning question or situation. General words are construed to be restricted in their
meaning by preceding particular words.
1101.301
InterDretation. The following rules apply to determine the boundaries of a zoning
district or the status of a land use:
City of Prior Lake
May 1,1999
11 0 l/p3
(1) Use District Boundaries
a. In determining the location of Use District boundaries, the Zoning
Administrator shall consider the provisions of subsection 1101.800. If these
provisions are not applicable and distances and dimensions ar t labeled, the
Zoning Administrator shall determine the location of the line . g from the
official copy of the Zoning Map.
b. If a Use District boundary line passes through
boundary line shall be adjusted so that the line fa
structure at a location most compatible with th
Ordinance.
ny decision of the Zoning
r permitted land uses may be
s of subsection 1109.300.
(2) land Use. The only uses which can be
the district and these are
Ordinance.
1101.302
ADDeal of Zoninc Administration Deci
Administrator determining zoning district boun
appealed to the Board of Adjustment under the pr
1101.303
Timinq. Where the pe
thing is ordered or directe
or doing thereof is descri
computed so as to exclude
fixed period or duration of tim
Sunday egal holiday, tha
peri sed on total ca
r doing of any ac i!<fnatter, payment or
of time or dur..1 n for the performance
his Ordirl'ance, the time shall be
ast day of the prescribed or
f the period falls on Saturday,
ed from the computation. The
~II intsq:rs~'3ti=n ~na--G:)'1s~r~stiGfl--::t ~his Ordinancs is t9
, d the City Council. This Ordinance shall be
if possible, to give effect to all provisions in this Ordinance. When the
his Ordinance in their application to an existing situation are clear and
all ambiguity, the letter of this Ordinance shall not be disregarded under
the pr xt of pursuing the spirit. When the words of this Ordinance are not
. ,the following factors may be considered: intention of the City Coun:il rr.ay
sr:,2ined by considering, among othe:- ::F:att8FS7
The occasion and necessity for the Ordinance or specific provision.
The circumstance under which it was enacted.
The mischief to be remedied.
The object to be attained.
The former Zoning Ordinance.
The consequences of a particular interpretation.
City of Prior Lake
May 1,1999
llOl/p4
~ Administrative interpretations of this Ordinance and interpretations by the
Board of Adjustment and the City Council.
In interpreting this ordinance:Jscert:Jining th= in~ention ~ ~r.€ City Council, the
following presumptions apply:
~ The City Council did Gees not intend a result that is
execution, or unreasonable.
~ The City Council intended intends the entire Or
certain.
~ The City Council did Gees not intend to
United States or of the State of Minneso
~ The City Council intended intends to
private interest.
1101.305
Grammar. Grammatical errors shal!~
A transposition of words and claus~s
stands, is without meaning. Words and p
proper interpretation of this Ordinance and w
purpose and intent nor any way affect its sco
the construction thereof.
1101.306
Provisos. Provisos shall . ...
of the clauses to which the/t~fer.
construed to exclude all others;
extend the operation
this Ordinance shall be
1101.307
. rfeiture is ovided for the violation of this
\",;; € :r.e:1I !Je---G=r.:~rued to be for eas,'1 €~SA
that a violation~~.ists shall constitute a separate violation.
1101.308
eral cia ses are irreconcilable, the Ordinance clause last in order of date
... shall prevail. When the provisions of two or more amendments to this
passed at different dates are irreconcilable, the amendment latest in
rhal enactment shall prevail.
,::.'
, ef~rence. Whenever any specific Section is referenced in this Ordinance, the
erence shall include and incorporate any changes, revisions or amendments as
may from time to time be enacted. When a section or part of this Ordinance is
amended, the amendment shall be construed as merging into the original
Ordinance, becoming a part thereof, and replacing the part amended, and the
remainder of the original Ordinance and the amendment shall be read together
and viewed as one Ordinance passed at one time. The portions of the Ordinance
which were not altered by the amendment shall be construed as effective from the
City of Prior Lake
May 1,1999
llOl/p5
date of the first enactment, and the new provision shall be construed as effective
only from the date when the amendment became effective.
When this Ordinance adopts the provisions of State Statute by reference, it also
adopts by reference any subsequent amendments of that statute.
intent of the City Couneil ic; s1early to the car.traf)',- If two or m
the same provision of this Ordinance are enacted at the sa
one amendment overlooking and making no reference to
amendments shall be construed together if possible an
the amendments are irreconcilable, the amend
enactment shall prevail.
of this Ordinance to be
of his Ordinance not
1101.310
Diaarams. Diagrams, where provided, a
written text and may not be drawn to sc
diagram and text, the text shall prevail.
1101.311
SeDarabilitv.
occur:
(1) If a court of competent jurisdiction finds any p
invalid, that judgment s. ot affect any other p
specifically included in the 1.
(2)
If a court of competent ju ,.. C 10
Ordinance to a particular 'R;tppert
judgment shall not affect the '4.@ppIL on of t
building cture not specific~Uyilncluded in tt)
?>.r:,. .
of any portion of this
fher structure invalid, that
ovision to any other property,
judgment.
(3)
etent jurisdictiori,llfinds any individual condition of a Conditional
, that judgment ,,,,, ot invalidate any other condition of the
se Permit not s. I Ically included in such judgment nor shall it
of theame condition in any other Conditional Use
Authoritv. This Ordinance is enacted under the authority
State Legislature in duly codifed State in the Minnesota
. tutes are amended to restrict or enlarge the authority
dehig~~ed to the , those amendments shall be deemed to be incorporated into
this O~gijJflnce. 'This Ordinance governs the use of all land and structures in the
City unl~~~ such regulation is specifically preempted by State or federal Statutes or
regulati'Qos.
mimum Requirements. The provisions of this Ordinance are the minimum
requirements for the promotion of the public health, safety, morals and general
welfare.
(2) More Restrictive Applications. Where the conditions imposed by any provision
of this Ordinance are either more or less restrictive than comparable conditions
imposed by any other applicable law, Ordinance or statute of any kind, the law,
City of Prior Lake
May I, 1999
11 o lip 6
1101.314
1101.315
1101.316
1101.400:, JJ
Ordinance, or statute which is most restrictive or which imposes the higher or
more restrictive standards or requirements shall control.
Mixed Use. All regulations applicable to each use in a mixed use development
shall be applicable, except where the mixed use is approved er Subsection
1106.600 or where parking is approved under Subsection 1107
Essential Services. Essential services, as defined by
permitted as authorized and regulated by State Statut
of Prior Lake. al;:Ch essenHal SefViG3: 2r&-e*sm
Gfa:nc::nce except e:: ;:=rr.-::ittes !:y ~ta~-c ~~atu
Q:-ainanse-:-
(<,y
Measurement. All measured distance ~xpressed in feet shall be to th
tenth of a foot. The measurement of 'ances wheq;;required by this Or
shall be done in a straight line in t,p 10cated~liiJi!~point 1 foot abJt' the
highest poi~t in the surface ?f ~he groun. . e Bltfi;of;rpeasuremen~, from the
most exterior wall of a bUilding contalnln ' to the property line of the
adjacent street, district, or lot or other boun If the use is not within a
building, the measurement shall be the shortest e from the location of the
use to the property line 0 djacent street, distric , t ot,per boundary line.
For lots of record existing
dimensions shown on the r
a current survey, the dimensi
the purpose of determining lot
the dim . s on the survey
dime on the plat.
rdinance, if the parcel
lIer than.! e dimensions shown on
I be accepted as correct for
a and setbacks, provided that
to or greater than 99% of the
Ions set forth below, subsection 1101.1000
the Use District where they are permitted.
,,;;;t;!;. To cease or discontinue a use or activity for any reason, but
ding i~ftlR.Q ry interruptions to the use during periods of building or
ling wne: lid building permit has been issued or during periods of
asonal" e.
Havihg a common border with, or being separated from such a
order by an alley.
The traveled way by which vehicles enter and depart
ccessory Apartment. A permitted independent, subordinate dwelling unit
contained within a single family detached dwelling for occupancy only by
immediate family members or care providers of the occupiers of the principal
structure on the lot.
Accessory Use or Structure. A use or a structure subordinate to the principal
use or structure on the same land and customarily incidental thereto.
May 1,1999
City of Prior Lake
11 o lip 7
rcri!ci-@~5fiucru~
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! ~ -mNC'P^t.'~ILOING
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Alley. A public right-of-way, with a wid
feet which affords a secondary mean
Alteration. Any change, addition, or mo I
an existing structure or modification to the su
collecting or transmitting
ntennas, such as
irectional antennas,
than 1/2 of the ground floor-
bining ground.
added to the surface of the ground in order to
rail < used in conjunction with walls, fences, or
e parcel of land from another or from a
~ '
~'f,] _
~'i3j-~,V - - ~..~
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"KFront. The distance between intersections along one side of a street.
.'uff**. A topographic feature such as a hill, cliff, or embankment having the
following characteristics:
~ Part or all of the feature is located in a Shoreland area;
~ The slope rises at least 25 feet above the ordinary high water level of
the water body;
City of Prior Lake
May 1,1999
11 0 lipS
~ The grade of the slope from the toe of the bluff to a point 25 feet or
more above the ordinary high water level averages 30% or more; and
~ The slope must drain toward the water body.
**An area with an average slope of less than 18% over a dislince of 50 feet
i"Ptft1~~"
or more shall not be considered part of the bluff. ......, 'S! .
1/24104).
Top of the Bluff. The highest point of
of the bluff, where the grade becom
Toe of the Bluff. The lower point of a 50 fo
slope exceeding 18%.
Bluff Impact Zone. A bluff and land 10
BLUFF AND BLUFF IMPACT ZONE
.. Bluff Impact Zone ~
..20 '\; oC _ Bluff (Slope- 30% or Greater) ..
....
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A building other than a motel or hotel where for compensation or
r finite periods, meals or lodging are provided for 3 or more
ed 8 persons.
ucture used solely for the storage of boats or boating equipment.
. A structure or device, without walls that is designed to lift watercraft
e level of the public water or ground elevation when not in use. This
n also includes rail systems or track systems extending from the land bed
e shore. A boat lift may be designed to include a watercraft canopy. ~
Boulevard. That portion of a street right-of-way between the curb line and
property line.
Bufferyard. An area of land established to protect and screen one type of land
use from another land use that is incompatible. Normally, the area is landscaped
City of Prior Lake
May 1, 1999
110llp9
and kept in open space use. Screening techniques include the addition of vertical
elements such as fences, walls, hedges, berms, or other features to mitigate the
effects of incompatible land uses.
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Building. Any structure having a roof wh
persons, animals or chattel.
~Rovide"'Shelter or enclosure of
Building Face. That p
vertical plane. Any brea
at least 210 degrees or
central angle of 30 degrees
cture which shall lie in a
,:::an exterior angle of
I which shall have a
Building Height. A distance
front lot line or from the finis
havin on a public ri
par equipment, wh
c: ;:ein~ en ~
ost point on
t able on a
HIP
FLAT GAE'JLE. MAN5A12.D
~oc,t:~^__':--m! .- OE.CK L.INE.~
- ~ / \---;0<;'
/...,..... u.vS . - .~.
STOi:Y -r I ~IC;HT 1-I~lqrr HE.JC;I-IT
I I .. , , . <
BASEMENT, -, ~ lEiueu~~'~'=""~lIjl~"" I I'=~I~-~IU !'JII.2iI"!!!.I:J~li"" '1':11
I. I\lIl IUallil~hS .w 1- -. ~
11':lI!:J!!l :Jitl/ ~111- I 4,1 ~ HI ~ CLJ2e> UNE/9'~AD~
?J16~ lI_ul e: IDI S =:J =:
M d =
Iiper Inch. A unit of measurement describing the diameter of a tree measured
4.5 feet above the finished grade level.
Canopy Tree. A deciduous tree planted primarily for its high crown of foliage or
overhead canopy.
City of Prior Lake
May 1,1999
110llplO
Carport. Space for the housing or storage of motor vehicles and enclosed on not
more than 2 sides.
Channel. The natural or artificial depression of perceptible extent along a stream
or drainageway with a definite bed and bank to confine and cond flowing water
either continuously or periodically.
City. The City of Prior Lake, a municipal corporation, alo
boards, commissions and representatives.
Civil Engineer. A person licensed to practice civil
Statutes 9326.02 to 326.15.
Communications Tower. Any ground
combination thereof including support
intended primarily for the purpose oJdf'
or similar apparatus above ground. Y
or
use which is permitted by
re set forth in subsection
s a provided in this
s detailed in this
o the Comprehensive
rship providing for individual
ogether wit n individual interest in the land
ommon with other owners.An estate of real
...t it. eE::T.:T.on v:ith other j:UfS~ras€::S in a
. r. g ss,:ara1e intere:t in spaG€ in a
i~ c:eIGiti~." c: s~arat€ int9f::st i~--etAeF
.'ding or cture. A building or structure which complies with
, density and floor area ratio requirements of the district in which
'n this definition are structures complying with the flood
egulations of the Flood Plain overlay district, and structures
tback and use regulations of the Shoreland overlay district.
s Tree. A woody plant having foliage on the outermost portion of the
ear round.
CUIi evel. The grade elevation as established by the City at the curb in front of
enter of the building. Where no curb level has been established, the Director
Public Works shall determine a curb level or its equivalent for the purpose of this
Ordinance.
Customer Floor Area. That part of the gross floor area of a commercial
establishment used by and accessible to the public, except public rest rooms.
City of Prior Lake
May 1,1999
11 0 lip 11
Deciduous Tree. A woody plant having a defined crown and which loses leaves
annually.
Deck. A horizontal, unenclosed platform with or without attached railings, seats,
trellises, or other features, attached or functionally related toa priJ;)~ipal use or site
and extending 30 inches or more above ground at any point.! l[it .', sf the
pcrir.-:eter sf t~e deck.
Density. The number of dwelling units permitted per net
,"'i"_
Developer. Any person or legal entity who undertake~, to impro
by platting, grading, installing utilities or construy,building th
Development. All structures, land uses
landscape above and below ground or
one parcel if covered by a single PU
Diameter at Breast Height (DBH).
of 4 1/2 feet from the ground level.
Dimensional Standa"
including but not limited t
relationships,
District. See "Use District".
of a tree that rain or dew will
es of the tree.
te roadway pro "jng access to a street.
1 or mot~C1';parts thereof occupied or intended to be
sidenr/'purposes, but not including rooms in motels,
ouses, trailers, tents, cabins or trailer coaches.
Family Attached: A residential structure designed to house a
est level to roof, with a private outside entrance, but
Ing a private lot, and sharing a common wall adjoining
Single Family Detached: A residential structure designed to house a
. ily unit, with private outside entrance, but without common walls
the dwelling units,
/ling Unit. One or more rooms physically arranged so as to create an
aependent housekeeping establishment for occupancy by one family with
separate toilets and facilities for cooking and sleeping.
Easement. The grant of one or more of the property rights by the owner to, or for
the use by, the public, public utility, corporation, or another person or entity.
City of Prior Lake
May 1, 1999
110llp12
Equal Degree of Encroachment, A method of determining the location of
encroachment lines so that the hydraulic capacity of flood plain lands on each side
of a stream are receded by an equal amount when calculating the increases in
flood stages due to flood plain encroachments.
Essential Service Equipment Shelters. Buildings or stru
storage of equipment related to an essential service.
fb:rni:hing of essenti31 services.
Essential Services. Services and utilities need
general welfare of the City. The essential services
underground or overhead gas, electrical, ~t~~111 r water t
(201:\':::::'[::-:>::::;::;:::
distribution systems; collection, communi~tiCln,supply or disp
including poles, wires, mains, drains, seYt!~"rs, pipes, conduits, fire ala
police call boxes, traffic signals, hydra "or other eq\,Jipment and access
conjunction therewith, bridges, road~, 'Iroads.
Evergreen. A plant with foliage that persist
Excavation. Removal of soil, rock, minerals, de
than vegetation from a p f land.
Expansion. An increase i
Facade. The exterior wall of
)fie view.
ogether as a single housekeeping unit, all of
tiage, or adoption plus children who are
unrelated, living together as a single
P of peop e ing together as a single housekeeping unit, if no
two adult members function as the heads of the household
e remaining members are dependent upon them for care and
age, physical disability, a mental incompetency or for other
a common
A confined area or structure used for feeding, breeding or holding
for eventual sale in which animal waste may accumulate, also including
, pens or other structures used in a dairy farm operation. For purposes of
se regulations, pastures and feedlots accommodating fewer than 10 animals
shall not be considered animal feedlots.
Fence. Any artificially constructed barrier of any material or combination of
materials erected to enclose or screen areas of land.
City of Prior Lake
May 1, 1999
110 lip 13
Filling. The placement of sand, gravel, earth or other materials of any
composition on a parcel of land, Also see "land reclamation".
Flood. A temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
Flood Frequency. The frequency for which it is expecte
stage or discharge may be equaled or exceeded.
Flood Plain. The land adjacent to a wetland, lake
been or hereafter may be covered by the regional flo
~
IOO-)'E,AK fLOOD A
ELC.VATION ~
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JJJ
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(- FLOOD -7
FRINCjE..
<
~WATER BODY ~
FLOOD~AY
t- FLOOD--7
FRI"-lCtE.
>
,/
,
FLOOD PLAIt-J
)
combination
uctures subje
amages.
uctl:!ral provisions, changes or adjustments to
'flooding, primarily for the reduction or
of the gross horizontal areas of the several floors of a
cludin terior balconies, mezzanines, basements, attics, penthouses
and at.,:.,.ed accessory buildings. Measurements shall be made from the inside of
exterio~iiiwalls and to the center of interior walls. For the purposes of determining
off-str~~t parking requirements, inside off-street parking or loading space is
excludea from floor area.
or Area Ratio (FAR). The numerical value obtained by dividing the total floor
rea of a building or buildings excluding the basement by the lot area on which
such building or buildings are located,
-
City of Prior Lake
May 1, 1999
110llp14
~ rO."F"-"-"--7 ~
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Forester. A person holding at least a
an accredited four-year college of fOj
Foster Family Home. A family home whe
cared for 24-hours a day for a period of 30 day
1'/'0:>
Game Room. An estabfi"
for use by the public for a
merchandise either inciden
tenant space, and also som
electronic games
e of food items and
the same building or
Garage, Private. A detach
. 'ng a carport,
arily for storin
f a commercial
finished ground level at the mid point of all
of signs, the average elevation of the finished
This definition includes the terms finished grade
Go e.AP'fii: oe.. Sl.-O pfii: J
L\..k~'" -"'I~
p..oo;;; __ 10 Fee-r
of 611- __ -- v"'~T'IC.AL-
oz.'? :.- -- DIST'ANCe;. (v)
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I' Hoelz,ONTAL- DIS-TANG';;:
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-5LOPE': CALCUl-ATION
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(pstGl2.6,& d'F SJ,.OPS : -rA>-J6So>-JT <oF ;:;- ')
Grading. Excavating, filling or other changes in the earth's natural topography
including stockpiling of earth or land.
City of Prior Lake
May 1, 1999
110llp15
Ground Cover. Plants, other than turf grass, normally reaching an average
maximum height of not more than 18 inches at maturity.
Ground Floor Area. The lot area covered by a building or buildings measured
from the exterior faces of exterior walls but excluding decks terraces and
detached garages which do not exceed 12 feet in height.
Hedge. A landscape barrier consisting of a continuous, d
Heritage Trees. Any tree which has been determin
of its specie, size, age or othsr ;::-ofessicnc:1 smsric:.
listed in Section 1107.2103(3).
(Amd. Ord 10609, pub 12/2.'06)
Horticulturist. A person holding at leas a Bachelor's
horticulture or field related to the c
horticulturist by the State of MinnesC!~c:l1
which has a
the natural soil. Impervious
ways and parking areas,
idth, patios, tennis and
r structures. Decks
inch, areas beneath
ys 3 feet in width or less
urface. In order to qualify
ervious green space must be
ny other im ious surface, including another
The impervious surface of a lot shall be
y unless exempted from this requirement by
.............
rrigation System. A permanent, artificial watering system designed to transport
and distribute water to plants.
Land Alteration. Any private or public infrastructure and utility installation, building
construction, excavation, grading, clearing, filling or other earth change which may
result in:
City of Prior Lake
May 1, 1999
1l0l/p16
~ Any alteration of land of more than 1 foot from the natural contour of the
ground on any contiguous 450 square feet of ground where significant
trees are present; or
~ Any cutting, removal or killing of more than 20% of the si
any land within a period of 5 years.
Land Reclamation. The reclaiming of land by depositi ,
the grade. See Also "Filling".
Landscape Architect. A person
Landscape Architect.
Land Surveyor. A person licensed to
Statutes 99326.02 to 326.15.
Landing. An intermediate platform on
are dictated by the Building Code.
Laundromat. An establishment providing w
machines on the premis rental use to the gene
or dry-cleaning
Level of Service. The tra
criteria established and publ
periodically.
roadway based upon
Engineers, as amended
of land occupied
Ordinance, ab ,.:".!pg on a public street, and of sufficient size to
quired by this ~rpinance.
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Lot Area. The area of a lot in a horizontal plane bounded by the lot lines. Only
land above the ordinary high water level of a public water or above the 100-year
water elevation of a wetland or pond may be used to meet the minimum lot area
requirements. (:Jmd. Ord. 00 14 pub. B/1 WO)
May 1,1999
City of Prior Lake
110llp17
Lot, Buildable. A lot which meets the minimum lot width and area requirements of
the use district in which it is located.
Lot Area per Family. The number of square feet of lot area required per dwelling
unit.
Lot, Corner. A lot situated at the junction of, and aQ.~i
intersecting streets, or a lot at a point of deflection in a . >i....>>
street, the interior angle of which does not exceed 135
Lot Depth. The mean horizontal distance between
line of a lot.
Lot, Interior.
Lot Line. The property line boundi~
extends into the public right-of-way, stree
way, the line of such public right-of-way or
applying this Ordinance.
ere any portion
coposed public
ment shall be the lot line for
Lot Line, Front. That
corner lot it shall be the s
corner lot are equal, the fr
the office of the Zoning Ad
two street frontages, the
Administrator.
eet. I n the case of a
ilfhe dimensions of a
he owner and filed in
ecting a front lot line that is most distant from
t lot line. For a lot bounded by only three lot
et in length within the lot, parallel to and at
line.
rea of The measurement of a lot computed exclusive of any
of ay of any public thoroughfare. In the Shoreland District,
rdinary High Water Elevation of any public water may be
m lot area standards.
gh. A lot which has a pair of opposite lot lines abutting 2 substantially
eets, and which is not a corner lot.
dth. The horizontal distance between the side lot lines measured at the
red front yard line.
Lot of Record. Any lot which is one parcel of a plat heretofore or hereafter duly
approved and filed, or 1 unit of an Auditor's Subdivision or a Registered Land
Surveyor a parcel of land not so platted, subdivided or registered, for which a
Deed, Auditor's Subdivision or Registered Land Survey has been recorded in the
office of the Register of Deeds or Registrar of titles for Scott County, Minnesota,
prior to the effective date of this Ordinance.
City of Prior Lake
May 1,1999
110l/p18
Manufactured Home. A structure, transportable in one or more sections, which in
the traveling mode, is 8 body feet or more in width or 40 body feet or more in
length, or when erected on site, is 320 or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling . or without a
permanent foundation when connected to the required utilitie ~cludes the
plumbing, heating, air conditioning, and electrical syste n ained therein;
except that the term includes any structure which meets equirements and
with respect to which the manufacturer voluntarily file tion required by
the Secretary of State and complies with the lished under
Minnesota State Statutes.
Mining. The extraction and removal of sCiH '
from a parcel of land. .,..
Mulch. Nonliving organic, synth~t,iC
landscape design to retard erosion and re
Model Home: A dwelling constructed on a 10
sales and marketing of the development.
New Construction. An
improvements to the exteri
electrical, plumbing, HVAC,
of the Fair Market Value of al
any total structural
e that may require an
. Any deve ment including but not limited to
treet parking lots, bufferyards, land uses, or
ructed or established prior to the effective date
ment to it, which would not be permitted
rovisions of this Ordinance.
lawfully existing before the enactment of this
does not corm to a condition or provision of this Ordinance,
I,imited to the foregoing; buildings and other structures, off-street
nd storage, land use, signs, outdoor lighting, subdivided
elopments.
rming ighting. Outdoor site lighting which does not conform to the
source visibility requirements of this Ordinance.
orming Bufferyards. Bufferyards which do not conform to the distance,
screening, density, material or planting requirements of this Ordinance.
onconforming Land Use - Not Permitted in City. A land use which is not listed
as permitted, permitted with conditions or permitted with a Conditional Use Permit
in any Use District in the City.
Nonconforming Land Use - Not Permitted in Use District. A land use which is
not listed as permitted, permitted with conditions, or permitted with a Conditional
Use Permit in the Use District in which it is located.
City of Prior Lake
May 1,1999
110llp19
Nonconforming Land Use - No Conditional Use Permit. A land use which
requires a Conditional Use Permit in the Use District in which it is located for which
a valid Conditional Use Permit has not been issued.
Nonconforming Lot. A lot of record which does not confor
area, or yard requirements of the Use District in which it is
not buildable unless it complies with the provisions of subs
Nonconforming Parking. Parking which legally exi~t.
this Ordinance and which does not comply withltl~
requirements of subsection 1107.200. .
Nonconforming Signs. Signs which
Sections 1107.400 through 1107.1700,
Nonconforming Structures. Buil I
the dimensional standards or densities of th
vee, dike, pile abutment,
uil~ing, wire, fence,
r projecting into any
y impede, retard, or
by catching or collecting
als, policyatements, standards, programs,
nd its environs. Such controls include, but are
an, the City Code, the Subdivision Ordinance,
any amendment to such plans or parts
opted in accordance with Minnesota Statutes
, which ma ow the location of existing and proposed right-of-
ture streets, roads, and highways, and the location of existing
. land facilities, and any amendments to such maps or
Ordin ,} ..High ater Mark. A mark delineating the highest water level which has
been rllJIntained for a sufficient period of time to leave evidence upon the
landsc~R~. The ordinary high water mark is commonly that point where the natural
veget~t!on changes from predominately aquatic to predominately terrestrial. For
. Ourses, the ordinary high water level is the elevation of the top of the bank of
annel.
Ornamental Tree. Any tree planted primarily for its ornamental value or for
screening purposes and tends to be smaller at maturity than canopy trees.
Parking Space. An area on a lot or within a building intended for the use of
temporary parking of a motor vehicle which has a means of access to a public
street. This term is used interchangeably with parking stall.
City of Prior Lake
May 1,1999
110llp20
Performance Standards. Specified criteria and limitations which are placed on
development which are intended to protect the public health, safety or welfare.
Person. An individual, firm, partnership, corporation, comp
society, joint stock association, or political subdivision of the
trustee, receiver, assignee or other representative thereof.
Planned Unit Development (PUD). An area of miniXQv
>f)t}
planned, developed, operated, and maintained as a<~.iogle en
more structures to accommodate residential or commercial u
appurtenant common areas and other uses inci tC5:the predom
Platform. A flat, floored, roofless area det~ched from a house with a fim
elevation less than 30" above the nglyral grade und the perimeter
platform.~t aU locations withf:-: : feet of the platform.IU2
Play Field, An outdoor facility developed as
soccer field, football field, or other surface 0
activities.
Principal Building,
lot is located.
primary use of a
Principal Use. The main
distinguished from a seconda
of land or structures, as
. A method
landscaping,
h is allocated f
which an area of a lot other than that area
ny other area required for other purposes by
ing, but is not paved or striped.
I of land, including but not limited to structures,
, signs and all other physical elements on the site
ctioning of these elements.
waters as defined in Minnesota Statutes ~103G.005, Subd.
rks Design Manual. A policy manual adopted by the City of Prior Lake
opers, builders and their engineers as well as City engineers and
Ing engineering personnel regulating and identifying the minimum
ards for the design, construction and connection to public infrastructure
cilities within the City.
Recreational Equipment. Recreational equipment shall include, but not be
limited to, boats, boat trailers, boat lifts and rail systems, general purpose trailers,
recreational campers, self-contained motor homes, truck toppers, fish houses,
utility trailers, jet skis and snowmobiles.
(:1md. Ord. 04 19, pub. 5/29104)
City of Prior Lake
May 1, 1999
1l0llp21
Recyclable Materials. Materials that are separated from mixed municipal solid
waste for the purpose of recycling, including paper, glass, metals, automobile oil,
batteries and other specifically allowed items. Refuse derived material or other
material that is destroyed by incineration is not a recyclable material.
Recycling Facility. A center for the collection, processing or
materials for reuse in their original form or use in man
Recycling facilities may include the following:
Designated Recycling Center. A recycling facilit
permitting rules of the Pollution Control Agency a
operating hours each week, 12 months each?\~~~r~ d accepts
least four different materials such as paper, ~!~sS;plastic and metal.
Light Processing Recycling Facility.
area less than 45,000 square feet 9
recyclable materials. ProcessingVdo
industrial use but may include the preparatl
end-user's specifications, by such means a
flattening, grinding, crushing, mechanical sorting,
Recreational Dome. A
(omd. Ord. 105 06, p''':!:.
Life supported by air.
Redevelopment District.
City Council Resolution No. 8
thereto. rea is also refer
com as Downtown
"ake City limits identified by
nt resolution or amendments
Development District #1, and is
'or or interior of an existing structure that
'AC, or other zoning or building permit. The
exceed 50% of the Fair Market Value of the
struction exceeding the 50% Fair Market Value
d which is representative of large floods known to have
innesota and reasonably characteristic of what can be
c<i n an average frequency in the magnitude of the 100-year
interval. Regional flood is synonymous with the term "base flood" used
d Insurance Study.
ry Flood Protection Elevation. The Regulatory Flood Protection
n shall be an elevation at least one foot above the Regional Flood (to the
cst one-tenth foot as indicated in the Flood Insurance Study Text) plus any
rease in flood elevation caused by encroachments on the flood plain authorized
by this Ordinance. For structures constructed prior to November 19, 1997, the
Regulatory Flood Protection Elevation does not have to include the one foot of
freeboard noted in this paragraph unless the existing structure has been removed
as part of the site redevelopment.
City of Prior Lake
May 1,1999
11 0 l/p22
Right-of-Way. An area or strip of land, either public or private, on which a right-of-
passage has been recorded for the use of vehicles, including trains, or pedestrians
or both.
I'
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I i I
R-:;;;:;; :.......................... 'ROAD
Way ,\, :::::::::::::::::::::::::::::::::::::::::::::::.)
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Roof Line. The lowest plane at whi
Root Zone. The area under a tree which is a
Sales Trailer: A temp
use as a sales or rental
build out of the project, or
prescribed by the City.
development project for
ich is removed at
, or by other terms
Screen. A method of reducin the .".,.,. ac 0
with less offensive or more ha 6...pdI6us eleme
walls ropriate combin<<'<CY n thereof.
nd unsightly visual intrusions
, such as plants, berms, fences,
o or fuel station or auto repair facility of
C1e. A service stall shall have a maximum
m is synonymous with service bay.
cat~ within the following distances from protected waters: (1)
inary High Water Mark of a lake, pond, or flowage; and (2)
or stream, or the landward extent of a floodplain on such
treams hichever is greater. The practical limits of shorelands may be
less th ,., he statutory limits where such limits are designated by natural drainage
dividesl~~::lesser distances, as shown on the Official Zoning Map of the City.
Shot;~~lmpact Zone. Land located between the Ordinary High Water level of a
liCwater and a line parallel to it at a setback of 50% of the structure setback.
hrub. A self-supporting woody perennial plant, smaller than a tree, consisting of
several small stems from the ground or small branches near the ground; may be
deciduous or evergreen, and usually not more than 10 feet in height at its maturity.
Sign. Any written or graphic announcement, declaration, demonstration, display,
illustration, insignia, illumination, or message-bearing device used to advertise or
City of Prior Lake
May 1,1999
110llp23
promote the interest of any person or persons when the same is displayed or
placed out-of-doors in the view of the general public, on a pylon, exterior wall, or
building surface, or inside of a building within 3 feet of a transparent window. A
sign shall be considered as a structure or a part of a structure for the purpose of
applying yard and height regulations except as herein stipulated. e definitions of
specific sign types are found in Section 1107.400.
fROc!F Ok:4Nl
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IfFsfili
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r
~ddr~3] .
wFitten sr nbmefisal
requirements.
~...,~""r.,!:ers only, either in
with.:1'City Code addressing
-:-:-::r.ental sign :::R8 :Y.gR
se.o::1 odities, entertainmer.t or other
9:- r.ot exclusively rel:lted te t~e
c.~ llC3S r.::evem::mt 9f-€;,hr::nge of light:~
~, sigA5--1A'ith visil:le moving, rcta~ing
sr sover projecting frcm a !:bilrling, '...,hish ~ay
a!:bil~
,'.".. sr~ry sign whish is ;:rimes, ;:ainted or :lttached to a
'sh is secured ts c: ;:er~c:neRt GtrusWre-er tt:e grouns in c: mc:nn::r ~ha~
. S ~I:Sb'-t within the 3tmSSI3~ere,.
, er::-!)L.Sign \~s ;:rinteEJ, ~einted or
s c: !:c:llasn \vAtS,,": is ::r.asAeG-ts c: rape,sh:::in, string or other device,
9 it t9-ffiGVS ::I:Sb.'t \vitAin the-atmss~~
Banner Sign. Any t€~;:orary sign of lightweigr.t fc:l:;)ris-sr s~milar r.1:::t::r~21
intended to be hung either with or '.vithsb.'t frc:mes, possessing s~::::-:::sters, 1e:~tefS;-
illustr:ltbcs, or orn:lme~t::tisn: c:;:~Iieel--te ~ej:er, ;:1c:stiG;-er fc:!:ris-sf :::ny-ki-Aa--
Naasnc:1 flags., sta~e-eF-r.:::.misij:al flc:gG, or tt:e-emsial flafj of :In, institution or
business sh:lll not be consideres ba:-:r.8f&.-
City of Prior Lake
May 1,1999
110l/p24
Be:u;oF.. .'\ny light with one sr m9fe--bec:ms, :::apable of being revolved
a\:Iter."ra~~3all~' or being directed inte tt.e at:r.osphere or directed c:t 9Ae-:::r t.:afe
p€i:,~s F:ot on the ca:T.e lot as the light source.
Bene-h Sign. A sidn a~tached to sr ;:::i:ltaG-e~ a
Billboard Sign. A billboard, post:):" ;:13:181 boars, p-;
other csmmb:nfs::ti':e device whish is b:S~
aAEJ,lsr seFViGes, c:ny ~r. of 'Nhic~
':':1::n b:fc:ctu red , fb:rnished or otherwise
property on which sush sidn i~ located.
Building MarkeT. .^. sigA-carl)' e-G~ a =u-:I .
efeGtfcn, msnb:ms:ntal sHe:tisns, ssmr.1emQrative tc:=lets e:ns th
fAts stone, concrete, or sir.::i1ar r:1:xerl~!!;!~r m::de of<z.pronze, aluminb:r:1
ps:rmanen~ t~'pe of conctr~stie.., amig::a':z,i':' re:I ~~., ?f the structure.
Business SigF.. A-sign retatiRg in
wRiG~ it is located or tc ;:roousts., a
the property.
!;,"":-a..
€r illb:stratiaF.s t~::t s::~ 8
Sl.IffaGe sf t~e--sign. Th
cr stock market dat~ s~e
chan~satle copy sign for ths: ...
sr ;: "'ili'T'~0'ici;',;' srr3rasts:)":, 1etteFs,
rre:nged withoq~;altering the face sr ~he
'__1 b::lication of time or tS:~J:srature
. ::: sign" c:nc net a
st nc:me, n::~sf ;:M:~pal
. .:ti~b:tisns responsible for c~~strb:stiGR-sn the
s:r infsrm::tiGn in:::luded thereon.
;:ri'late property fsr the purpose of
. "'0'0i1;Si;~S!'l;'fr traffiG-tc ~u8Ii::: facilities or functions:; :: s~~
sand/or loc5tionc af.-eGs.u;:a:lts--sr the use of a ~d i~ giveR,
l:l a~d church directories.
- rC:l)L..Sign promoting ~he candidacy of c: ;:8fSOO
office, sr ;:romoting c:n issb:e ts =e voted €n at c:
's-h shaws messags:s 3m:l-gra;:hiss
rranged by electris::! ;:l:Itsatisns, atRu ~han public service signs.
Flashing Sign. .'\r. illb:minates s~gA-sn \'IRish ~hs: a:-:ifisic:1 light ic net
dnte:inad conct~r.t ir. intensity and color c:~ c:1l ~imes in '.vhich such Gi5n is in b:S8
cr c:ny sign 'Nhis-h =~L.ffie:,~c:nis::1 r.1ear.: c:;:~ar: t9-€~P.1~13t3 a f~as~in~
Freestanding Sign. Any sign sl;Jpported by strb:ctures or supports: ~hc:t c:re
placed on, sr c:nsAeFed in ~he ground ans ~r.at :::-8 independent frsm C:A)' sb:ilGiA9
eF-etR:r s~r~sWFe,-
City of Prior Lake
May 1,1999
110llp25
'Greund Monument Sign. ^ blos,~ ~~~n strl;:::::ture net Sl;:;:;:9ftec by
peles-er t::-=:ses, !::..:t r::~h::r ;:\aced directly sn the ground.
J/hlminated Sign. .~gn
oolliA€s ih:r.1in~8€I--B)' ar.ifis~alli
or
Incidental Sign. .'\ :~~F: r.C:VtAg a fa::::e whis,~
Tr::nSf3:p.:=:tis~ ct~~3aFGG C::1a.--.wAfsh is located en l3:-i
si~~ ~aG c: ~~r;:ose secon:lary-ts ~he ;:rimC:1)
tGGated, Sb:sF. c:s "ns ;:arkiAg", "entranoe", "I
eimilcr directivee:. ~~s sign witt: c: st:T.:T.8fsial
iRGiEte:-:~al,
at
Institutienal Signs. .'\ si
G,hrara::::teristics of c: ;:b:!:)lis-ef-S~~i ;:b:!:)l'
is loc3ted.
Interior Building Design. Any si
window or door, whish is not legible fre,"n c: .
let line of the property on '1lhid: sl:lGA-&ign is I
i::
arriving by watersrar.:.
I ..
s ~s sr r.1c:a€ :) f:ar. ef c: r.1c:rqtJee. A
C?'bcture projecting beyons c: E~
extending c:loog c:ns ;:rojecting beyond the
c:na---ssnstrb:steG--ts ;:raviGe ;xotection
'gn thc:t indicates selections 3\'aila9l€ ~ ~usiness€c trrat
. u, sb:sh c:s c: f~~ fOOEl-sct-aI:I::hr.::eflt,.
Announcements of concer.s, ;:Ic:ys,
. . '€s ans the-/i.k€ ~3ced in ~he 'A'indows of oonsenting
s in :: BusiR€:s sr InOOstf~::1 ::9Ae:
SiZ4>' Painted W:JII Sign. A sign which hac te~x, ~ainted directly onto a ~uilGfA9
"'Jf;~sing the wall ma1erial ac a I:ace-:f ~he--siwt
Pennant. Any lightvleight pl3Stic, f3bric or other :T.c:te:-ia!, suspended from
3 rope, '.vire, ::- ct:-i~~, ucua!ly iF: series, designed to move ir. ~he wind.
Portable Sign. .4.ny temp:xal)L.Sfgn nst ;:ur.1~ReAtIj' c:f.c:::::hed to the
ground or oth~r ~mar.€n~ strb:cture, sr c: sign designed to be trans;:9fted.;
City of Prior Lake
May 1, 1999
1l0llp26
including =b'-t R~ limited to, signs designed to b= ~ransported by msan: of wheels,
signs converted to A =:" T fra::r.ee., an9-sidn: attached to sr ;:c:inted on vehicles,
Projeeting Sign. Any sign oth:r ~hc:n a wall sign c:~s c:ny building or
v.lall where the leading edge extenGls ~eyond the =bilding or '.'Iall.
PubIiG ServiGe Sign. !\ sign th::t fficf3la~'c tir.1 ,
e::~:: or publis infar:;-:c:ti9A-etAsr t~ran ~rlvertising fer c: pr
Real Estate Signs. A te']pg~I~,~;j~ign ere~is+ on ~i
purposes of advertising tr..e sale or lease o!~<C r.:'~~";;='I;!i1Gj:Ag an
~s ::x:s =~LfRe:,~anisal
mean:..
, c: nen ;:rofit, religious or
'::).1al, S\:ItWral, recreatisn~l,
~r.eestanaiRg :ign irlentifyin~ e c~a;:pi~~
:r ~nt ~sh ~ ~ grocery or dspartr.1eAt
E31 s~ri;: center is not consideree e sR=p;:ir.g
Sign(s) =f any r.1a~€rial wha~-soe'ler ~hat is ;:c:inted on or
s ~'utility pole, t:"ee, rock s:" ::~y object located or situated on
EMf::rary =c:nn:r sign which :c stretched acrsss ~na
a ;:xJ=lb right of ..:/ay whish edvertises public entl3lt::i:-:::r.e:-:t sr c: ;y..:~is
Tempsrary Sign. A sign erected or diG~c:yeG-fsr c: specified period of time
Sb'....,~ea,.
T:':JffiG InterlereRG'3 Signs. ~igns erected th::t, =y reason of position,
shape or color would interfer: in eny w'JY 'A'ith the proper functisning or purpose of
a traffis--si9R-=r s:~~al.
City of Prior Lake
May 1, 1999
110l/p27
Wall Sign. Any si~n a~t::sAes ;:~rallel-ts c: wall, or whis,1 ~ajeGta Ie:: ~~::1
15 inches fror.1 ths Sbll=faGS at al~n~s af.-..tA: =~il9iAg-er s1ructure, and whioh
displays only one si~:": s:.!:-7as&.-
Wirulow Sign. Any sig:":, ;:isWfs" symbol, or oombinati~xl
te--G:mm~:lic3te inforr.'1i3tie-.'l as::.J~ ar. a stivit;' , ~~:in::s., ~
service thc:t is I3I:ced insids a window or '.vithin 36 inohes ~
windo'.... ;:c:n8S--9f--gI3sc whioh is visible fre-.~ ~h
!;'larks af Art. I\rtistic expressiar.s, a
Ge-A0t iF:clude a commersic:l :r.escage-suB~ ::c tt: ~ ,
holiday ligh~s-, :nd decg.rati:ns \\,;i.th ns-Gsmm8fi{]~I:mess~ge.
Y=Fd ~=.f.e Sign. An infrequent J~mpor3ry sign Elis;:lay c:ns :0.
eG:~;:c:nt,-sn h}s 9f-Re."' ;:remises of pe~~QQc:1 pr . . u:11=:
f~m:ge, used clothing C::1S C:p~i1~~~!. pr: :,1ange--sr
meFtham:lise is conducted within ~h OJX '.X]] . ',::t:"~sWfe,.
Significant Tree. A deciduous tree measuri
diameter or a coniferous tree measuring 12 feet 0
Site Plan. A plan, pre
dimensioning, the boundar
uses, and principal site de
land.
and with complete
buildings, structures,
for a specific parcel of
cture or land use that is designed, arranged,
he keeping of horses for the private use of the
ng and their guests, but in no event for hire.
Slope d here agricultural activity or development is either not
reoq~~]~]~nded or,<;]...:~<:<nbed as poorly suited due to slope steepness and the site's
soil cll~tacteristic~'IJ:as mapped and described in available county soil surveys or
other t~~npical reports, unless appropriate design and construction techniques and
farming;:: Jactices are used in accordance with the provisions of this Ordinance.
Where ecific information is not available, steep slopes are lands having average
slopes er 20%, as measured over horizontal distances of 50 feet or more, that
are bluffs,
tory. That portion of a building included between the surface of any floor and the
surface of the floor next above; or if there is not a floor above, the space between
the floor and the ceiling next above. A basement shall not be counted as a story.
Street. A public or private thoroughfare with a minimum right-of-way width of 24
feet which is used, or intended to be used, for passage or travel by motor vehicles.
City of Prior Lake
May 1,1999
11 0 lIp28
Streets are further classified in the Comprehensive Plan by the functions they
perform.
Local Street. Roadways typically having lowest traffic volumes, containing
one lane of traffic in each direction whose primary function is to p vide access to
and from property.
Minor Collector. Roadways containing 1 lane
whose primary function is to provide access to and fr
local street system.
Major Collector. Roadways containi
direction with controlled intersections whos
the City and access to and from minor an
Minor Arterials. Interregio~a
with limited access and controlledT inte
streets. Minor arterials convey traffic be
centers and are used to reduce the numbe
Efficient movement is the primary function of a ml
Principal Arteria
two or more lanes in each
movement, have no priva
highways or major streets b
movement.
If ~ ~/ Principal Art.rl.'--./"
cture, Anything constructed or erected, the use of which requires a location
the ground. Structures include, but are not limited to advertising signs,
illboards, towers and fences greater than 6 feet in height, pavilions, gazebos,
pergolas, trellises, retaining walls greater than 4 feet in height, and above ground
swimming pools.
Surface Water-Oriented Commercial Use. The use of land for commercial
purposes, where access to and use of a surface water feature is an integral part of
City of Prior Lake
May 1,1999
11 0l/p29
the normally conducted business. Marinas, resorts, and restaurants with transient
docking facilities are examples of such use.
Townhouse: A single family attached unit in a structure consisting of two or
more dwelling units having one or more walls abutting with anoth dwelling and
designed to have all exits open directly to the outside.
Tree. A self-supporting woody perennial plant havi
supporting stems or trunks and numerous branches
overall height of at least 15 feet at maturity. Trees
or evergreen.
Tree, Ornamental. A self-supporting wood
a mature height of between 15 and 30 fee
Tree Canopy. The horizontal extel1~i
its trunk,
YRderstory Trsti)$. A self sl;:~a~ir.g ':Joody plant or species normolly growing to
o moture height of between ~ = and 30 feet ons a P.':a~l:Ifa Et~\.eod of at least 15 feet.
Many understory trees are considered to be e:'"F:a. Undue
Hardship. Undue hards dition resulting w onable use cannot
be made of a property if u itions allowed " e official control, the
plight of the landowner is d unique td'his property not created
by the landowner, and the va ~Iter the essential character
of the locality. Economic c all not constitute an undue
hardshi asonable use xists under the terms of the
Ordi
area or terrace on a lot which is graded,
and intended and maintained for either
, available and accessible to and usable by all
I or a rooming unit on the lot and their guests.
ce has a m mum dimension of 30 feet. Roofs, driveways and
ot constitute usable open space.
activity for which a premises is designed, arranged or
or whic, is or may be occupied or maintained. The term includes
uses, ases permitted with conditions, accessory uses, temporary uses,
approved under the conditional use and planned unit development
stricts. A specifically delineated area or district within the City in which
rm regulations and requirements govern the use, placement, spacing and size
land and buildings.
Uses, Nonconforming. Any building or land lawfully occupied by a use at the
time of the passage of this Ordinance or of amendments thereof which does not
conform after the passage of this Ordinance or an amendment thereto with the use
regulations of the district in which it is located. Also see "Nonconforming".
City of Prior Lake
May 1, 1999
1l0l/p30
Uses, Temporary. A use established for a duration of 6 months or less with the
intent to discontinue the use upon the expiration of the time period. (3rnd. Ord. 02
16, plJb. 11/16/02)
Variance. The modification of an Ordinance requirement as it
property or buildings.
Vegetation, Native. Any plant species with a geograph'
to all or part of the State of Minnesota. Plant species
by man are not native vegetation.
Water-Oriented Accessory Structure.
located on lakeshore lots, which because of th
water feature reasonably needs to be located c10
water mark (OHW) tha ormal structural setb
such structures include used to store
equipment, gazebos, perg avilions, and s
02 14, pub. 9/14/02)
Wetland.
at a fr
ci rcu
in
An area that is inu
and duration
es support, a
nditions, comm
hich is unoccupied and unobstructed by a
ound I I to the sky except as expressly permitted in
end along a lot line and at right angles to the lot
tl in the yard regulations for the district in which the
which extends along the full width of the front lot line
s and toward the rear lot line a distance as specified in the
rd reg lations for the district in which such lot is located. For lakeshore
e front yard shall be considered that part of the lot located between the
he nearest parallel line drawn across the front of the principal building or
front yard setback. (3md. Ord. 00 14 pub. 8/12100)
City of Prior Lake
May 1,1999
110llp31
.c SIDE LOT LINE
~ - --'---r- --- -- ---,
~ ~ INTERIOR :
('TI J SIDE YARD ~
"1 FRONT'- - -*----- --- r _ __,
I'l , , EAR
~ YARD, BUILDABLE AREA I [LOT
..., :~: : LINE
~ I", ~EAR
, ,IIIi' 'I: ' YARD 1
~ I I I
-<:) : I
..__...J_ ~_______ _ _ _ _1_ __-:
SIDE YARD ABUTTING A STREET !
---- ,,L -. -"'(:FR~NTLO~-LI-;;j
5TJU:E.T ~IGI<'f of ,....."
r-.- "--'-'--"-.-- -.-
Yard, Rear. An area which extends along
the side lot lines and toward the front lot line
yard regulations for the district in which the lot is
lot, the rear yard shall b~"lhe area between the i
yard abutting a street extEr' oward the front yard
required yard regulations . t in which the lot i
cts onducted by the property
od of time. Yard sales, also
es, or est sales, sometimes called da:-~
the property or the primary occupation of the
,'aeside lot line between front and rear yards
uired yard regulations for the district in which
dministrator. The individual(s) authorized to administer the regulations
ning Ordinance.
Zoning Map. The map or maps which are a part of this Ordinance and delineate
the boundaries of the Use Districts.
City of Prior Lake
May 1,1999
11 0 lIp32
1101.500: GENERAL PROVISIONS. The intent of this subsection is to provide a set of
regulations applicable to all Zoning Use Districts. The specific requirements for
each Zoning Use District are listed in subsections 1102.100 through 1102.1600.
The General Provisions are listed for the following:
~ Lot Provisions
~ Required YardslOpen Space
~ Yard Encroachments
~ Fences
~ No Sewer and Water
~ Traffic Visibility
~ Pedestrian Access
~ Height Limitation
~ Grading, Filling, Land Reclam ti
~ Temporary Uses
1101.501 Lot Provisions. Unless permitted by this
(1) A lot which does not conform with the lot area
District in which the lot i located shall not be a b
contains an occupiable s e.
(2) A structure on a lot which
Ordinance shall not be exp
or more abutting lots or pare
this Ordinance.
t the area or, h requirement of this
less the1:lot is combined with one
eeting the requirements of
(3)
ew 2009 date)EOOstiRg bj)sn the effective
R-2",~ "~ =" Use District, which does not
quirements of this Ordinance may be utilized
purposes if the dimensions of its area and width
3% of the req irements of this Ordinance.
'1 detached dwelling unit which exists on May 1, 1999, the
dinance, on any nonconforming lot located in the R-1 or .,
Use trict which is later destroyed by fire or other natural disaster
uilt if a building permit for reconstruction is issued within 365 days of its
and if it otherwise conforms with the provisions of this Ordinance. This
Ilows a structure to be rebuilt as long as it meets setback, lot coverage.
s surface and other applicable provisions. If the structure does not meet
tandards, a variance will be required.
If 2 or more lots or combinations of lots and portions of lots with continuous
frontage in single ownership are of record at the time of or subsequent to the
passage or amendment of this Ordinance, and if all or part of the lots do not meet
the requirements established for lot area and lot width, the lands involved shall be
considered to be an individual parcel for the purpose of this Ordinance, and no
portion of said parcel shall be used or sold in a manner which diminishes
compliance with lot area or lot width requirements established by the Ordinance,
City of Prior Lake
May 1,1999
l10llp33
nor shall any division of any parcel be made which creates a lot with area or width
below the requirements of this Ordinance. If necessary to assure compliance with
other provisions of this Ordinance, the lots shall be combined, ~~ trr~ O'....ners
sf nonconfsrming lots of recorE! in ssmmon owner:hi;: r.1ay convey ownership of
ooe--sr r.:::9fe-ietc to another owner until ..!an ~ g f*Jfr.
11/20/99).
~ The property owner must apply t
combination.
~ The property owner must file
Scott County Recorder in a,,,f
deed restriction or covella'n
resubdivision of the lot.
~ There must be an existing princi
~ The location of the principal stru
ability to construct a legal accessory s
~ Any structur the combined lots mu
of the Use Dis 'ch it is located.
~ In those cases hed accessory .'"',, cture is to be located
on the portion 0 arated fra:m the principal structure
by the private r ere are existing residential
structures adjacen 0 close "ty to the proposed structure,
Planning Com 'on shall hol(1~a public hearing on the request
eceipt of an ap ation and following the notice requirements for
nee pursuant"" subsection 1108.404 of the City Code. In
ng the applicati6QJ.,,:t'l~,Planning Commission shall not apply the
p criteria for varitillfies. The Planning Commission review shall
ther thepesign and location of the detached accessory
e with the surrounding properties in terms of
ecture, gs materials and placement on the lot. If the
'ng Commission denies the application, the applicant shall have
to appeal the decision to the City Council pursuant to
109.400 of the City Code.
,"'e.-.-",' "
Ure on one lot.
the lot must preclude the
on that lot.
t the minimum setbacks
d. Two or more nonconforming lots of record
separated by a private road or driveway may be com
buildable lot under the following circumstances:
buildings. There shall be no more than 1 principal building on any ~ lot
permitted by Conditional Use Permit or as provided under subsection
o through 1106.600.
a lot containing an existing two-family dwelling is subdivided into 2 lots, the
'minimum lot area, lot width and side yard requirements may be waived subject to
the following conditions:
~ A common wall shared by the 2 dwellings is located in its entirety on the
boundary line separating the 2 lots;
City of Prior Lake
May 1,1999
110l/p34
~ The common wall meets the standards of the Building Code for owner-
occupied units and any other applicable codes adopted or enforced by the
City;
~ A covenant or other agreement is approved by the City Attorney and filed
with the Scott County Recorder; and
~ Each of the 2 dwellings is served separately by publj
which are shared.
1101.502 Reauired Yards/ODen SDace.
(1) The area of a yard, bufferyard, or other open space
minimum size required by this Ordinance,
(2) If the existing yard is less than the mini
shall not be further reduced in size.
(3) If the existing bufferyard or other op
required by this Ordinance, it shall not be re
(4)
(5)
Usable open space whi ."", IS dinance shall contain
improvements such as outqQor s~j,. atio areas, game areas,
landscaped and grassy are~!? wnl'bh nches, sculpture gardens,
pedestri ths and trails, T' Imilar outdQ fixtures or features. Roofs,
drive arking areas II not constitute usable open space. The
m n of usable ope pace shall be 30 feet.
e front lot lines for the purpose of applying
El =e:J~-5 the side Y3rd of an int~isr I~, ~he
, &b:il9iAg is tha-sam:: a: ~~a required front Y3rd of
e sum of the side yards on the nonconforming lot is at least 15 feet.
o yard encroachments, as permitted in subsection 1101.503, are located
ithin 5 feet of an adjoining lot.
A minimum separation of 15 feet is maintained between all structures on
the nonconforming lot and on the adjoining lot.
11 01 .503
Yard Encroachments. The following shall not be encroachments on yard
requirements:
City of Prior Lake
May 1, 1999
110llp35
(1) Eaves, gutters and basement egress windows, provided they do not extend more
than 2 feet into a yard; and provided such encroachment is no closer than 5 feet
from any lot line. (/'lmd, ord, 01 10, pub. 9/BI01)
(2) Yard lights and nameplate signs for one and two family dwellin
R-2, an: R 3-Districts.
(5) Canopies no more than 12 feet wide a
3e" and "1-1" Districts if they are gp
subsection 1101.506 and provide 1l\. f
roadway or fire lane.
(3) Floodlights or other sources of light illuminating authori
illuminating parking areas, loading areas, or yards for s
if these meet the regulations of subsection 1107.180
(4) Flag poles, bird baths and other ornamental f~~t~r~s ~tached fro
building which are a minimum of 5 feet from Qy1ol1,ne.
mitted inJhe "R-34" "C-1" "C
^;;;. , ,
the sidestggppmply with provisio, of
"4<f:;,filopated over any Iccess
(6) The following shall not be encroachments on fron
a. Awnings and door h
yard.
o the required front
b. A vestibule which extend
following conditions:
~ ned, constructed and attached to the principal
he building code.
of materials compatible with those of the
requirements of subsection 1107.2200,
from the outside of the outside walls shall
'Iating and air conditioning equipment which extends less than 6
'ncippl structure, is not more than 36 inches in height, and is
ing shall not be encroachments on side and rear yard requirements:
, ventilating and air conditioning equipment in side yards abutting a street
ear yards, but is an encroachment in interior side yards. None of that
uipment shall extend more than 6 feet from the principal structure. Platform deck
meeting the definition in subsection 1101.1000. (/'.md. ord. 01 10, pub. 918/01)
(8) The following shall not be encroachments on rear yard requirements: Balconies,
Detached outdoor picnic shelters, fire pits, and recreational equipment, if
constructed as provided in this Ordinance.
City of Prior Lake
May 1,1999
110l/p36
(9) Decks not meeting the required setbacks may be replaced if the following criteria
are met:
~ The deck existed on the date the structure setbacks were established;
~ The replacement deck is in the same size, configurati location and
elevation as the deck in existence at the time the stru backs were
established;
~ The deck is constructe:::! ;xirnarily of .....ooa c:n
and
~ The existing deck is not located within an ea
property line.
{3.':rJd. Ord. 99 ~ 2 pub. 9/11/99)
in required
~g) Tt::e provisions of c~~section 11 ~1._
bk.i#-sEt~~!t'.c required in Secti=n 1194-cl ~
pub. 8/12/00).
1101.504
Fences in ResidentiaP,:Use
yards, subject to the folio
(1 )
The height of fences and "
height shall be measured fr~ro the
section. Fence posts may exteg,~ ~,g! ore than
limit of e. In the case WLtere the fenc
heig e shall be the ~y~rage height.
fo
quired YfJ s shall be limited. The
he top of the fence or wall
es above the required height
ction has variable heights, the
Fence heights shall be limited as
6 feet in height if it is located in any side or
ated in a front yard if the fence or wall does not
feet in and 50 percent opacity. Fences in the front yard
ited to decorative fences, such as picket fences, split rail fences
i n fences. Chain link fences are not permitted in the front
fences are allowed only in the Agricultural Use District.
-7 pub, 6/10100)
ence or wall shall not exceed 8 feet in height if the yard in which it is
ced abuts a principal or minor arterial road.~~-at= !-!is-Rwa1' 13 or County
: 21, 12, 82 9f-83.:.
A fence or wall exceeding 8 feet in height may be allowed if placed in any
side or rear yard separating a commercial or industrial use from a
residential use, a school, church or other public building.
A fence or wall may exceed 6 feet in height in any side or rear yard when it
is installed as part of a bufferyard as defined in Section 1107.2000,
however the fence 9\:H-may not exceed 8 feet in height.
~ A fence or wall in one front yard of any through lot may be at the height
permitted in a rear yard if it complies with all of the provisions of subsection
City of Prior Lake
May 1,1999
110llp37
1101.506, is used as a rear yard, and the fenced yard used as the rear
yard does not adjoin a yard used as a front yard.
(2) Where a fence or wall 6 feet in height or less is used as part of an animal kennel or
run, it may not be located in any required side or front yard, and i all be located
at least 10 feet from any rear lot line.
(7) A fence on a corner Iota
conditions:
~ The fence shall not
~ The front yard shal
direction the garage icing
~ For lots with driveway wl'.;ce a co
c cted within a sig 0 angle desc,. d as beginning from a point at
ction of the e <Jlsion of the existing curb lines of the street or
dge and drive~@y, and extending 50 feet along the edge of the
long the length T driveway to the garage front. This defines
the triangle. Th d line is a line connecting the end points of
ribed ab e.
e designated as a collector street in the
(3) Temporary snow fences including accompanying post
permitted in any yard from November 1 st to April 1 st.
(4) No fence, hedge or wall or visual obstruction of any
not in compliance with subsection 1101.506.
(5)
(6) No fence may be located in any public right of
shall maintain a 10 foot setback along the collector street in
rear corner of the principal structure or detached accessory
oning permit shall be obtained prior to the installation of a fence not exceeding
feet in height. A site plan showing the location of the fence in relation to the
property lines shall be submitted with the permit application. A building permit shall
be required for a fence exceeding 6 feet in height. (amd, Or-d. 0303, pIJb. 2/15/03)
-
City of Prior Lake
May 1,1999
1l0llp38
1101.505
No Sewer and Water. All developments and structures intended for human use
or occupancy shall be connected to the public water supply and sanitary sewer
systems. If a development is proposed for a site which does not have either a
public water supply or sanitary sewer system available adjacent to the property
proposed to be developed, no building permit shall be issued for s development
until adequate provisions have been made by the per~osing the
development to provide a public water supply and sanita er service to the
property. The City shall determine what constitutes ad water and sewer
service. The City may also require cash or an irre ter of Credit be
provided to the City in an amount equal to 1250 ted costs of
extending public water and sanitary sewer facilities t y.
No Certificate of Occupancy shall be issued
is connected to the public water supply an9"
ew structure or
nitary sewer system.
Properties located outside the M
Comprehensive Plan and zoned Agricu
of the islands in Prior Lake, are exempt fr
cases, the developer, property owner andlor
individual septic treatment system from the Cou
from the City or the Sta alth Department. No
be issued until these syst een inspected an
itan Urb~!:lI"~ Service Area
-s,'''"ff%prQperties located none
bsectionprovision. In these
must receive approval for an
approval of a private well
. ate Qf Occupancy shall
ed.
1101.506
Traffic Visibilitv. No wall
obstructions shall be permitt
obscuring the view from any st
trees, sHrubs, vegetation or other
ses a danger to traffic by
, except as provided below.
(1 )
shall be unobstructed above the height of 2
riangle described as beginning from a point at
xisting curb lines of the two streets, and
he edge of each street. This defines two
IS a line connecting the end points of the two
intersection of any street or roadway and an alley shall be
e,height of 2 1/2 feet and below 5 feet within the triangle
from a point at the intersection of the extension of the
r pavement edges or if unpaved, the edge of the traveled
the st et and alley, and extending a distance of 15 feet along the edge
reet. This defines two sides of the triangle. The third side is a line
the end points of the sides described above.
V' ., from the intersection of any two alleys shall be unobstructed above the
t of 2 1/2 feet and below 5 feet within the triangle described as beginning
m a point at the intersection of the extension of the existing curb lines or
pavement edges of the two alleys, and extending a distance of 10 feet along the
edge of each alley. This defines two sides of the triangle. The third side is a line
connecting the end points of the two sides described above.
City of Prior Lake
May 1,1999
110l/p39
{ -------1 J
l L.______________________
1.-rT _ ,_ _" . ~ I~
#I"____c.P ~
------'1
i
!
,
!
!
i _
s.-
I ~?'" =-"
.,.~: -. ---- ~ ~ ~_._.__.--
'<C ':.'i.~' . .' i.... I
1 ',.- ' -
;J - ! i
· ! ! i
i i I
,,..,,-~~,..<_.- L~~'".:_ - '.~- .::=.
i
~'''.--i
(
1101.507 Pedestrian Access,
(1) Purpose and Effect. A goal of the
transportation facilities which adequat
non-motorized transportation needs.
links need to be incorporated into d
(2) lopments having more than
ents shall have pedestrian
existing or identified as
ctical difficulties in
ip on the proposed
limited to steep slopes,
1101.508
(1 )
in this Ordinance shall be increased by 50%
domes which do not contain usable space
Parapet walls shall not extend more than 3 feet above the limiting height of the
building.
(3) Water Towers are exempt from height limitations.
City of Prior Lake
May 1,1999
11 0 lIp40
1101.509 Gradina. Fillina. Land Reclamation. Excavation..
(1) No grading, filling, land reclamation or excavation shall be permitted without a
grading permit approved by the City Engineer.
(24) Filling and Land Reclamation. Land reclamation involving"t~e placement of over
400 cubic yards of fill shall be permitted only by Condo . "'<<" Use Permit in all
districts. The permit application shall include, but is not
~
~
~
~
~
~
~
~
~
~
other animal control, general
nd adjacent area;
rial hauled to 0 m the site, routes of
deposit.S! material to the site, and
,of wind or other elements on
s moving to and from the site to
ermit shall impose conditions upon the owner of
laimed, veloper and the person doing the land reclamation
sure that the type of fill used is appropriate for the proposed land
a e to the community and adjacent land owners during the
f recla . Those conditions may impose restrictions in all areas
he recla, ,; ion and the City may required a Letter of Credit to insure the
ce of tffe conditions imposed and the completion of the work in the
scribed in the plan and Conditional Use Permit. No permit shall be
r a period longer than 12 months,
vation. Excavation of a material exceeding 400 cubic yards of sand, gravel,
other material from the land shall be permitted only by Conditional Use Permit.
he permit application shall include, but is not limited to:
~ A site plan which shows the finished grade of the land after the
excavation has been completed;
~ The effect of the proposed excavation upon the community and the
adjacent land;
City of Prior Lake
May 1,1999
110llp41
~ The type of material to be extracted from the land;
~ The type of equipment to be used;
)i> The period of time the excavation operation will be conducted;
~ Plans for implementation of measures to guarantee safety of the site
and the excavation operation;
~ Plans for rodent and other animal control,
maintenance of the site and adjacent area;
~ Provisions Providing for control of material ha
and controls to be employed to limit the effe
on the site and the material extracted fro
~ A plan which shows the routes of trucks
remove material from the site;
~ An inventory of significant tre
information necessary to t
Conditional Use Permit.
The ;:e:rmi~ applic::ltion e:hc:1l inslOOe: c: pi "Si'e:~OV.fS the routes of trusks
meviRg ~s c:ns frs~ the: tite to remove r.:::"",,,,sm ~h: :ite, ::r:: i:"'r'.\entory of
sfgnifisc:nt tr~r. tr.e tite:'J and other pertinSRI~lIkrma~isn neG:ste:~' tc tr.8
. . "Sir''5-'" i~. ~a---pe::-::F:it e:~r::Il 88
grc:r.tea-br a;: . .... ~c;,,;t~s,. ,.
ding, filhn, nd reclamation and excavation of more than 400
ucted pursuant to a grading plan approved as part of an approved
uilding permit or demolition permit shall be exempt from
section.
Uses: The purpose of this Subsection is to provide conditions under
porary uses may be allowed in order to insure a minimum negative
neighborhoods and neighboring land uses. A structure or land in any
Use D' ict may be used for one or more of the following temporary uses subject
onditions stated in this Ordinance. At a minimum, a zoning permit must be
d for any temporary use or structure. In certain instances, a building permit
y also be required.
Construction Structures: A temporary building or structure used for office and
equipment storage incidental to an ongoing construction project may be permitted
subject to the following:
City of Prior Lake
May 1,1999
11 0 l/p42
a. No construction structure except leasing offices shall be permitted for a
period of time exceeding that necessary to fef constructconstruction of the project.
b. No construction structure shall be located within the drip line of any trees
which are designated to be saved under the approved tree preserv 'on plan.
c. Construction structures may be located within require
15 feet of any public right-of-way.
d. No construction structure shall be located wit
e. All construction structures must be r
permit is issued.
(2) Sales Trailers: A temporary structur
for use as a sales or rental office fo
subject to the following:
a. The sales trailer shall be removed at
model home is constructed.
b. No structure shal
designated to be saved un
y trees which are
plan,
c. Sales trailers may be
any public right-of-way,
. ds; but not within 15 feet of
d.
ided for the sales trailer.
quired prior to the placement of any sales
terials shall not be placed on a construction site unless a
as been issued for that construction.
nstruction materials shall not be permitted on site after the completion of
Construction materials may not be located within the drip line of any trees
are to be saved under the approved tree preservation plan.
Construction materials may be located within required yards; but not within
15 feet of any public right-of-way.
e. Any land that will be used to store any equipment or construction materials
stored on site for a period exceeding 120 days shall be screened from view from
any properties within the "R" Use District.
City of Prior Lake
May 1,1999
11 0 lIp43
(4J) SeasonalTcmporary Structures:
A. Seasonal structures may be used only for uses permitted within the Use
District.
g. Approval of a site
structures.
Is, festivals and '~~
itted for more
ba. SeasonalTemporary structures shall not be permitte
exceeding 6 months,
be. Seasonal+€~~8:-:::-Y structures shall not be
public right-of-way.
de, No significant trees shall be r
seasonaltempor:lry structure.
de. Any landscaping material w~
structure shall be replaced upon renfov
ef. Seasonal+::r.:;;:9fafy structures shall no
yards.
(4)
festivals and pr~t7> otional events shall be permitted within
ar yar T except where prohibited under subsection
d promotional events shall not be allowed within
permit issued by the City Manager.
tiv Is and promotional events shall not be permitted within
mporary sales shall only be permitted within a "TC" , "C", or "I" Use
Temporary outdoor sales areas which do not exceed 1 00 square feet shall
permitted. However, no merchandise shall be stored outdoors overnight.
c. Temporary outdoor sales areas which exceed 100 square feet shall be
permitted for a period not to exceed 4 consecutive days or a total of 12 days in any
calendar year.
City of Prior Lake
May 1, 1999
110l/p44
d. Temporary sales shall be allowed only if associated with a permitted retail
business operating within a building on the site in which the same or similar
merchandise if offered for sale.
e. Temporary sales shall be permitted in required front, sid
unless prohibited under subsection 1101.506; however, temp
shall not be allowed in any required landscaped area or b
public right-of-way.
(6) Agricultural Commodities:
a. Christmas Tree sales or the sale of ot~:~~'~~ric ltural com
located within required yards; but not withiq,J1~5tfe;et,of cany public ri
where prohibited under subsection 11 01.~,Qpr
b. Shall be permitted on a
calendar year.
c. Shall not be permitted in any bufferyar .
(7) Pollution Abatement S
a, Pollution abatemen
60 months. If the abatemen
extended by the City provide
the progress of abatement
com pie roject.
II be permitted ,"C',c period not to exceed
ithin 60 months, the period may be
ed to the City which shows
e length of time needed to
II not displace required off-street parking.
not be located within any required yards;
o other areas exist on a designated site.
II of the architectural requirements of subsection
;-materials which are displaced as a result of the structure or
placed when the structure is removed.
etter of Credit shall be filed before the installation of any structure or
building to assure its removal after pollution abatement is completed
ure the replacement of displaced landscape materials.
All equipment and structures shall be removed and landscape materials
laced within 6 months after the completion of the pollution abatement. Pollution
abatement shall be considered to be complete when notice has been received
from the Minnesota Pollution Control Agency stating the abatement has been
completed,
City of Prior Lake
May 1,1999
110llp45
fg) Tempe-,;,.~' Uses in Non Residential ~istriots. Any use not otherv..ise permittee
in a non residential distrd ~~. the City's Zoning Ordirransss ~.ay--es ~a!~aweG Sb9jeGt
to the following conditions:
c:. Th9 a-::pli~ant r.1l:st S9t 2 sr:acific date ~~4YAish t~o temp
te:-::r.i~=res. The duration sf the-t;l&s r.1c:y not exceed 6 months.
!:>. Th= ;:rs~' shc:lll;:s allowed only one such temp$
~ c:r = OOAGitisn~ l;lSe
. .tnc:1 bse permit, =s
s-, Th= ~s~ '.".'ilJ.-.Ret im ,',' " """",.g:, ~he exterior
alterations sf any existing structures or any perman=':n~:i:i'~na-atts:-~~l;<~~"::'
e-. ~sss IssateG--wi~rnn c:n 8*~st~.
Gfsina:1sss ar.s ~~=te- s~-at:..Jto.s, ir....
and electrical ood::. Ths c:;:;:lis=nt
eGGu;:~n~€fth~
f. ~aquests br :u'"
pE:rmi~. The applisc:nt mb
outlines in sl::=seetiGn 11 ~
g. Ns tempsrary ';fix
eA--tRs ;:l::~is-iHt is neGsssc~y--f'
'sc:nt ml;jst a."..in c:~~i~isrd oonditions thc:t the City may
...~ the time it S1r=~~ ~effTlission for the tsm;:srarY-l:ffi&:-
;;;r;;!j:?iE-'+<;0
9S tM--figh~ J,g'G;tleny a ~~rary use if the City believes
. h .h '''::1;... ;~....r · Tho ('if. I th . Io.t t
. = ;"''\II:r'It1'tt:n'E:S'l.. ~' a so reserve:: e-ASI. . a
in ~h~=ning ordinano9s ~2~/-tsrr.1in3te--a
DISTR",~~ S ESTABLISHED: All land within the City limits shall be assigned to one
if+,,,,,.',.
of the~'alowing Use Districts:
A Agricultural
R-S Rural Subdivisions
R-1 Low-Density Residential
R-2 Low to Medium-Density Residential
R 2 l\'1eCibm !)9nsity Residential
R-34 High-Density Residential
TC Town Center
TC-T Transitional Town Center
C-1 Neighborhood Business
City of Prior Lake
May 1, 1999
11 0 lIp46
c ~ Gsmmunity Business
C 2 S;:eci3lty Busin=:sTown Center
C 3T T:-an=-1ti:;n::1 Tswn Center
C-24 General Business
C-3a Business Park
1-1 General Industrial
en Shoreland
FP !=I!;)od District
City of Prior Lake
May 1,1999
110llp47
1101.700: ZONING MAP: The boundaries of the above listed Use Districts are shown on the
Zoning Map as may be amended from time to time. The map and all amendments
shall be certified by the Planning Director and maintained in the offices of the City
Planning Department. The map shall be referred to in this Ordinance as the
"Zoning Map" or "map". The map and all of the notations, refe ces and other
information shown on it shall have the same force and effect V.set forth in
this Ordinance and are hereby made a part of this Ordinanc ference. (Officia!
1101.800: indicated on ",' Zoning Map follow lot
. road right-of-way lines, the
hey exist upon the effective
Ines do not follow any of the
ict bounda ines are established as drawn on
se District boundary line divides a lot of record
e time of enactment of this Ordinance and
"'or more Use Districts, any portion of such
natio nnexed Prooertv. Zonina of Land. Land areas which may be
o the City'?~Y~~@n.riexation, merger, or other means shall be classified as R-1
sity Resfqll1flaf) on the City Zoning Map upon annexation.
i~;;::-
Desia n of Annexed Prooertv. Floodwav and Flood Plain. Property which
is annElId to the City by any means or process and which is located within a
design 'd Special Flood Hazard Area inundated by the 100 year flood on the
adop Flood Insurance Rate Map for Scott County, Minnesota, dated February
1 7, and any amendment thereto, shall be designated as FP (Flood District).
1101.803
esianation of Annexed Prooertv. Shoreland District. Property which is
annexed to the City by any means or process and which is located within 1000 feet
of the Ordinary High Water Mark of a lake, pond or flowage, or within 300 feet from
a river or stream shall be designated as Shoreland District.
(Ord. 0106 pub, 020704)
City of Prior Lake
May 1,1999
11 0 lIp48
1101.900: USES NOT LISTED: Any person seeking to establish a use of land or a building
which is not specifically listed in any of the use categories in this Ordinance may
ask the Zoning Administrator which category of use shall be applied. The Zoning
Administrator's decision will establish whether the proposed use i rmitted under
any of the categories in this Ordinance. The Zoning Adminis,t(8)~1l consider
functional similarities between uses listed in the Ordinance,"Cl the proposed use
including nuisance characteristics, traffic, appearance de and hours of
operation in making this determination. The dej~" I of the Zoning
Administrator shall be in writing and shall include a..".'. emen er the use is
"permitted", "permitted with conditions", "per itt s a co use" or
"permitted as an accessory use". If the Zoni in trator that the
proposed use is not permitted under any c at conclusion sh tated
in the written determination.
Any decision of the Zoning Admini~
permitted land uses may be appealed
provisions of subsection 1109.300.
e District bounda~ies or
djustment under the
1101.1000: LAND USE DESCRIPTI
are described in this Su
Administrator to make in
proposed land use fits ~ithirt~l.:
Adult Day Care, A facility (:G adults on a regular basis for
period an 24 hours in ucture whi is not the residence of the facility
op characteristics this use are similar to Family Day Care and
This use is ap priate in Commercial Use Districts provided
y to outdoor ar sitting and exercise. Persons served by
acility are most nursing home residents or individuals with
ges.
, t by this Ordinance
powers the Zoning
and use category a
ablishments engaged in the production of crops, plants or vines,
The term also applies to establishments in existence on the
rClinance which are engaged in the keeping, grazing or
al Commodities Sales. The temporary display and sale of flowers,
Christmas trees and other greens which are associated with
I Handling. The sale, boarding, treatment and care of privately owned
II animal pets; may include dogs, cats, fish, reptiles and other mammals but
xcluding large animals such as horses, farm animals (including ostriches) or
animals raised for slaughter. Characteristics may include special refuse, storage,
noise, odor and other nuisance characteristics.
Animal Kennel. Any premises where 4 or more animals are owned, boarded,
bred or offered for sale.
City of Prior Lake
May 1,1999
11 0 lIp49
Appliance, Small Engine and Bicycle Repair, Maintenance and repair of
appliances, small engines, bicycles and similar items. Characteristics include
some outdoor activity and noise.
Auto Body/Painting, A facility for painting, straightening, replac'
the frame and body parts of motor vehicles usually dama
accident or as a result of exposure to the elements; it includ
of damaged and dismantled vehicles, and may generate
excludes junkyards and automobile wrecking yards.
Automatic Car Wash. A facility designed to was
with little or no human intervention. The facilit
wash cycles are relatively short. These fa . typically acces
automotive related land uses and may sp Ically cause congestion on I
Bank. A facility for the deposit, m
with accessory drive-up facility, THIs us
but not insurance companies and stock
include high peak hour traffic on certain days.
Bar. A facility where
consumption on the p
Characteristics include late
heavy off-peak traffic, Use
and night clubs.
Icoh lie beverages for
m entry by law,
e, trash and litter and
with restaurants, hotels
t, A priva ,owner-occupied residence with
ing facilities and some meals are provided to
or two family dwellings, The lodging is
. residential use of the building. Indoor
e residents and paying lodgers may be
uction Str ures. A structure used by a contractor or leasing
or for storage purposes for a construction project for which a
secured and is in effect; this use includes construction
g.
radeSchools. A Facility serving adults and sometimes high school
s which provides specialized education to develop a skill to prepare for
job, Equipment or processing which simulates an industrial or
ial work setting may be included.
ness Services. Establishments primarily engaged in rendering services to
siness establishments on a fee or contract basis, such as advertising and
mailing, building maintenance, employment services, management and consulting
services, protective services, equipment rental and leasing, commercial research,
development and testing, photo finishing and personal supply services.
City of Prior Lake
May 1,1999
11 0 lIp50
Carnivals, Festivals and Promotional Events. Tents and stands used for
entertainment, display and sale of food and merchandise, and amusement rides
permitted for a period not exceeding fourteen days.
Club/Lodge. A facility operated by an association of persons
profit where social, education, recreational or dining activO
Services provided are not customarily carried on as a busi
dining, consumption of alcoholic beverages, dancin
meetings. Characteristics may include late hours, high
heavy off-peak traffic.
Cluster Housing. Dwelling units attached i
separate private outdoor entrance. Dwelling
or on a lot in common. Density shall n
district. Characteristics may include a
concentrations of paved surfaces th
Commercial Recreation. Includes low-in
municipal sewer or water, and usually require
uses may be seasonal or temporary in nature.
agricultural exhibits, tra lis, shooting ranges
not include amusement p slides or combat
Community Centers. A pi
public and designed to ac
community and which is us
recreati rograms. This
ace ops.
or other ility which is open to the
gnificant segments of the
ligious, fraternal, social and
accessory food service and
ilv for the storaae of eauioment.
dina materials. oaints. oioe. or electrical
cCVQ~nt Qf th~ oremises in the conduct of
,Exhibition Center. A facility providing large and small meeting
f persons and the display of products and information; it
chens and facilities, Characteristics include heavy parking
irements and large scale buildings.
p. A facility in which retail oriented graphic and photographic
e services are conducted. These services may include the collating
Ing of booklets and reports. This does not include industrial operations
rinting is of a commercial nature.
ountry Club, A golf course and associated clubhouse which may contain in
addition to locker and shower rooms, dining and bar facilities, meeting rooms and
other spaces for large social functions. Typically open only to members and
characteristics may include significant trip generation on evenings and weekends.
Dry Cleaning, Laundering with Route Pick-up and Delivery. A facility where
clothing, diapers or other fabrics are cleaned by dry cleaning or laundering
City of Prior Lake
May 1, 1999
110l/p51
processes. Materials to be cleaned may be brought to the site either by pick-up
and delivery trucks operated as part of the business or by customers who drop off
and pick up their own materials to be cleaned. The use may include the storage of
delivery vehicles on the site.
Elderly Housing. A development intended and operated f
least one person 55 years of age or older per unit, provid
percent of the units are occupied by at least one person
per unit; and (b) there is publication of, and adherence
that demonstrate an intent by the owner or ma
persons 55 years of age or older.
Education/Academic. Public - Neighborho
normally provided to children through
evening or off-hour service to adults in
an accessory food service and som
Private - Community or regional I:)
persons through young adult age; facilitie
above.
Family Day Care. A
children in a private resid
of the outdoor play area,
and the number and qualifj
forth in Minnesota State Stat
use may be licensed by other
per day.
tion nd supervision of
for a fee. The size
who may be served,
beverages which are prepared and served in
state for consumption off-site; includes
. Characteristics may include truck and
efuse. The preferred location is on major
cal residential streets. This use is often found in
ons and grocery stores.
Sh -term storage and transshipment of materials and the
ks and related equipment. Characteristics include high
traffic,
ome. A facility where funeral services are held and where embalming
processes occur in preparation of the deceased for burial; it may include
ge of caskets, funeral urns and other related funeral supplies, and it
provides vehicles to transport the deceased to the place of burial. This use
not include a crematorium. Characteristics include intermittent periods of
h traffic generation.
Golf Course. A facility for playing golf outdoors which consists of golf holes,
clubhouse facilities which may contain lockers, shower rooms and incidental sale
of golf related items, and off-street parking facilities.
City of Prior Lake
May 1,1999
11 0 lIp52
Group Day Care/Nursery School. A non-residential facility where child care,
protection and supervision services are provided for a fee on a regular basis for
periods of less than 24 hours, This use requires a large, sensitively located
outdoor play area and it generates about four vehicle trips per child per day.
Group Home - Non-Statutory. Occupancy of a residential str
need of specialized protection and resident staff who usu
housekeeping unit for a limited period of time, This us
group counseling, some supervision, forced detention,
and chemical addiction, protective shelter, half-way
The facility may be licensed by the State but is not m
Heliport. A facility for the landing, takin
helicopters used for transportation purpos
outdoor storage of helicopters.
Helistop. A facility for the lancf1ng
transportation purposes but with no facl
Characteristics include intermittent periods of n
helicopters used for
service of helicopters.
Home Occupations. A
the City which provides g
is clearly an incidental and
not alter the exterior of th
neighborhood. Auto body pa
repair, retail sales, massage,
barbers arehouselstorag
hom
req~iring a permit from
+1:lwelling unit, which
use, and which does
t the r aential character of the
, motor vehicle service and
, animal handling, beauty and
glprocessing do not qualify as
h services primarily for human inpatient
d facilities, such as laboratories, outpatient
ntral service facilities and staff offices.
utionally designed buildings, large volumes of
king lots ramps, 24-hour activity, service vehicles, large
, and emergency vehicles.
which provide overnight lodging in individual rooms or
ooms, having a private bathroom, which are rented by day or week;
e in-room or in-suite kitchens and recreational facilities for use by
estaurants, banquet rooms, arcades, fitness centers and other facilities
o non-lodgers are not considered accessory uses.
,c/e Sales or Service. Sales or service to persons in vehicles; it may
e drive-in, drive-up and drive-through facilities; but does not include motor
I stations. Characteristics include high traffic volumes during the typical peak
hour traffic period.
Library. A facility where collections of books and other materials are housed in a
building which is open to the public during regularly scheduled hours which may
include weekend days and evenings. Books and other materials may be available
City of Prior Lake
May 1,1999
110llp53
for loan. Characteristics may include high parking demand and high traffic
generation.
Manufacturing/Processing. A facility for the production of a physical commodity
or changing the form of a raw ingredient; it may include admi . trative offices,
warehousing, and limited distribution and outlet sale commodity.
Characteristics may include heavy truck traffic, odor and n of pro esses and
equipment, refuse storage issues, and the use of toxic ardous materials.
Concrete plants, junkyards, slaughter houses, renderin Ivage yards, and
auto reduction plants are excluded,
Marina. A commercial establishment
moorings, docks andlor slips for boats.
accessory to the principal use.
Medical/Dental Laboratories. Fact,,'
to order medical and dental prosf~ ic
specific individuals. Characteristics may inc
6:00 p.m.; daily deliveries to and from the
minimal heavy truck traffic; no use of outside stu
facilities by customers n specialized attentio
their specific prosthetic.
ally produced and de
.the specific ne~ds of
of operation of 7:00 a.m. to
by car, van or light truck;
nd occasional visitation of
the,[Tlake-up and fit of
Medical/Dental Office, A
examination and services or
basis; and includes counselin
may inc supporting retal
othe
es direc elivery of health related
an appointment or walk-in
actic and podiatry, The use
edicine, health related food, or
ich supplies and dispenses motor fuels
udes the sale of lubricants, batteries, tires
a ay also include the sale of food, beverages,
-serve or dispensed by an attendant. Light
'vities to v es including engine tune-ups, lubrication, repairs,
aning may also be conducted. Characteristics include outdoor
n tion and extended hours of operation. This use excludes
including, but not limited to, engine overhauls, automobile
rk.
icle Sales. Display, sale and rental of automobiles, trucks, watercraft
tional vehicles outside of an enclosed building; motor vehicle service
ir often occur in conjunction with this use, Characteristics may include
activity, banners and lights for promotion and advertising, outdoor sound
ms, truck deliveries, night and weekend operating hours, and test driving on
arby streets.
Motor Vehicle Service and Repair. Repair, lubrication, washing, detailing,
equipment installation, engine overhauls, and other similar uses involving
automobiles, trucks and recreational vehicles. Characteristics may include the
storage of vehicles, truck traffic, night and weekend operating hours; motor fuel
stations and auto body/painting are excluded.
City of Prior Lake
May 1, 1999
11 0 lIp54
Multiple-Family Dwelling. More than two dwelling units contained within a single
structure, where each has an entrance off a hallway or balcony in common with at
least one other dwelling unit. Buildings tend to be massive in scale and
institutional in appearance, Other characteristics may include hi density, large
parking lots and high traffic generation of roads in the land ar ied by this
use.
Museums/Art Galleries. A facility which houses
artifacts, paintings or sculptures in a building whic
regularly scheduled hours which may include weeke
Nurseries and Greenhouses. Establish
services related to or conducting the sal
products. These enterprises typically
center which imports the products itj
Nursing Home. A health care facility Iicen
and 24-hour care for medically or physically
term basis. Residents of the facility do not hav
This use includes a foo ice and may include
services for the resident area is preferre
space is required.
'tion or the performing of
Ices provided to persons both
t basis such as counseling or
ch as real estate, travel agencies, financial
fessional offices. Excludes hospitals or other
to a maximum of 10% of the gross floor
racteristics include high peak period traffic
. hours of operation.
se. A Y in which the handling of information or the
inistrative services is conducted in conjunction with receiving,
ccasional packaging of commodities. Characteristics
d traffic generation and 8:00 a.m. to 5:00 p.m. hours of
raffic generation and parking demand.
uipment Storage. Any structure or outdoor storage area designed for
e storage of construction equipment and materials for an active
Ion project.
oor Sales. The display and sale or rental of merchandise or equipment
tside of an enclosed building; may include boat sales, canoe sales, nursery
sales, lumber sales; but it excludes the sale of motor vehicles.
Outdoor Sales - Temporary. The display and sale of merchandise other than
agricultural commodities outside of an enclosed building where it is offered in
conjunction with an established use that legally sells the same or similar
City of Prior Lake
May 1,1999
11 0 lIp55
merchandise within a building on the same site. Characteristics include the use of
tents, trailers, or other temporary structures.
Outdoor Storage. The receiving, keeping and shipping of goods and materials
outside of an enclosed building where outdoor activity includes 0 the unloading,
loading, and keeping of materials; may include storage yar contractors,
equipment, lumber, landscaping materials, construction als and shipping
materials and containers. Storage of unlicensed or ino vehicles or other
materials typically associated with a junkyard, salvage reduction plant
are excluded.
Parcel Delivery Service/Post Office. A facilit
packages generally less than 100 pounds .
stamps, money orders, insurance, and ot
similar to those of offices, but may incl
volumes of truck and automobile tra '
Parking Lots. Surfaced and improved gro
of licensed and operable motor vehicles for pe
Parking Ramp. A str
vehicles for periods of I
exhaust fume odor, heavy
. ensed, operable motor
ay include noise,
CI footprint.
Parks/Open Space. Passiv
life areas, arboretums, open g
g trails, natural areas, wild
Active outdo
etball courts, p
driving ranges.
creation activities such as baseball diamonds,
fields, playgrounds, outdoor swimming pools,
restric airport intended for the personal use of the
he criteria of Minnesota Rules 8800,2200.
Activities designed to serve the public health and safety;
component, storage of fire trucks, police cars and
boarding of personnel within an enclosed building.
nclude sporadic periods of loud noise, sirens, and activity.
batement Equipment. Equipment and structures that are erected or
n property for the purpose of eliminating or abating ground or water
ng Process. A commercial or industrial printing operation involving a
ocess that is considered printing, imprinting, and reproducing images, Methods
may include but are not limited to off-set printing, lithography, web offset, and
flexog raphy.
~' in wms," retail oriented drc:;:ms and photographic reproductive services are conducted.
This geeG :-:ct i:-:clude industric:1 af3c:-=~:ons where I3rir.ti:-:~ ic af c: sSr.1m3r:~c:1
nature.
City of Prior Lake
May 1,1999
110l/p56
Private Entertainment (Indoor). Entertainment services provided entirely within
an enclosed building; it includes theaters, health or fitness centers, bowling alleys,
arcades, roller rinks, and pool halls. Characteristics may include late operating
hours, outdoor lighting, noise, and traffic.
Public Service Structure. Facilities which include water towe
service related distribution facilities; and waste water
structures, but exclude utility substations, These facilities
small trucks several times per day and by larger v
periodic basis, Associated buildings typically have I
institutional appearance.
Recycling Operation. A facility located
collection, sorting, temporary storage,
including, but not limited to, newspap
plastic.
Religious Institutions. A facility where pe
devotion to an acknowledged ultimate reality 0
meeting rooms, education and training practi
parking needs, group . or chanting and m
meets on weekends or e The building may
meetings and other activit uses which
principal use include day ca
to relate or manifest faithful
This use is characterized by
oor activities, intermittent
The assembly typically
, at other times for
ently accompany the
Research
carryin
deve
pr
and Testing La
vestigation in n
n extension 0
actual or fee b
principal business is the sale of food and
served in individual portions in a ready to
site. This use is often found in conjunction with
food servlc. t is preferably located on major thoroughfares with
'dential streets. Characteristics include late hours of operation,
tr traffic generation, and cooking odors. A food service or
o be a restaurant if seating is provided for ten or fewer
acility where merchandise or equipment is displayed, rented or sold and
Ivery of merchandise or equipment to the ultimate consumer is made;
imited production, repair or processing as an accessory use. Hours of
n generally begin after a.m. peak traffic period and extend to time ranges
5:00 p.m. to 10:00 p,m.; although some convenience stores and grocery
res are open 24 hours per day. Characteristics include high parking demand
and high off-peak traffic generation; prefers high visibility and access to major
thoroughfares. This use includes but is not limited to camera shops, clothing
stores, department stores, grocery stores, video stores, discount stores, jewelry
stores, liquor stores, delicatessens, retail bakeries, toy stores; but excludes
restaurants, bars, motor vehicle sales, and motor fuel stations.
City of Prior Lake
May 1,1999
110llp57
Rooming House. A building where lodging is provided for between 3 and 8
persons and is the primary residence of the owner. Lodging is available on an
extended basis rather than daily or weekly. No provision for cooking is provided in
any of the rooms by lodgers.
Service. On-site service provided directly to an individual; incl
beauty shops, massage parlors, laundromats, shoe repair s
where articles to be cleaned are picked up and delivered
Shopping Center. A group of commercial use
managed as a unit which has common parking facili
50,000 square feet of total floor area. Shopp'
one building and more than one contiguou
with liquor which locate within shoppin
principal uses for establishing parking r
Single-Family Dwelling.
intended for occupancy by a
on an individual lot and
y. A State ensed and mandated residential
d of specialized treatment or protection and
single housekeeping unit, usually for a limited
'ent group counseling, some supervision
number of clients served is specified by
served may include the developmentally
y physically handicapped.
where the practice or study of the visual and audio arts occurs;
ulpturing, photography, recording, radio and television
eludes dance studios and studios for the martial arts, This
large industrial photography or printing processes.
Structures. A building other than a construction structure used for a
exceeding six months.
ortation Facility: Any lot or land area used for the storage or layover of
enger buses, motor coaches, rental vehicles, taxis, van pools, rental moving
icles, or similar (typically includes parking, storage of vehicles, and may
include some maintenance), Parking of carslvanslpickups that are accessory to
a primary use would be exempt from the above definition.
Two-Family Dwelling. Two dwelling units attached in a single structure, each
having a separate outside entrance. Dwelling units may be located on individual
lots or on a lot in common.
City of Prior Lake
May 1,1999
11 0 lIp58
Utility Substations. A structure of electrical components to transform high
voltage electricity into lesser voltages to make suitable for distribution to end users.
The use consists of a large structure and numerous power lines which are difficult
to screen. This use has minimal outdoor activity and traffic gener . n.
Warehouse/Storage, A facility for receiving, holding, shi
packaging of commodities. With the exception of 10
commodities, and parking and storage of trailers, all f
enclose-d building. Characteristics may include hig
demand. This use may include, but is not limit
facilities, mini-storage, and joint warehouse and
Wholesale Use. Establishments enga
retailers, or to industrial, commercial
other wholesalers or on a mail order,
agents or brokers buying merchan<3is
and companies.
1101.1100: REGULATION OF CO
competition motorcycles
dust and interrupts the pe
such vehicles. Therefore,
consequences of such use
TION MOTORCYLE. e unrestricted use of
)"/
isturbance by rea lexcessive noise and
t of property I"proximity to the use of
e intended to limit the adverse
tier specified conditions.
1101.1101
vcles: Any motorcycle that is designed and
urse competition events and is subject to the
e 16, Parts 190-259, Section 205.158.
bel which reads "This desicned for closed
ot conform to U.S. EPA motorcvcle noise
2 adopted by Ord. 99 11 pub. 9/11199).
City of Prior Lake
May 1,1999
110l/p59
Zoning Ordinance
SECTION 1102
USE DISTRICT REGULATIONS
SUBSECTIONS
1102.100: Residential District Regulations
1102.200: "A" Agricultural Use District
1102.300: "R-S" Rural Subdivision Residential Use District
1102.400: "R-1" Low Density Residential Use District
1102.500: "R-2" Low to Medium Density Residential Us~pis
11 02.&OC: "~ ~" Medium Densih' Rcsidcnt:=llJsc Distdllim:
, ,,:Y;::i;:;:;::>
1102.600: "R-3" High Density Residential Use Distript'
1102.700: Residential Performance Standards
1102.800: "TC" Town Center Use District
1102.900: "TC-T" Transitional Town Center
1102.1000 "C-1" Neighborhood Commercial Use D
1102.00: "C 2" Community Busine== ~so District
1102.1100: "C-2" SpeGialty BusinessGeneral Business U
1102.12000 "C-3" Transitiona~ "!" Business Park
1102.1300:
1102.1400
1102.1500:
'r-:,'\&e
1102.10C-:
1102.1r.'{}:
1102.19~:
LATIONS. The provIsions of subsection
ern the use of land within the Residential Use
ricult Yfjcr",,~l~se District. The purpose of the "A" Agricultural Use
to prot~pt7 existing agricultural investments until such time as public
y be extended and there is a need for additional urban development. It
nded to provide for larger lots to insure that the feasibility of future urban
is not compromised.
Perm ed Uses. The following uses are permitted in the "A" Agricultural Use
. ""ct if the use complies with the residential performance standards in
section 1102.800:
~ Agriculture and Forestry
~ Single-Family Dwellings
~ Parks, Recreation and Open Space
~ Golf Courses and Country Clubs
~ Private Stables
~ Religious Institutions
City of Prior Lake
May 22, 1999
1102/pl
Zoning Ordinance
> Nurseries and Greenhouses
~ Cemeteries
1102.202 Uses Permitted With Conditions. A structure or land in an "A" Agricultural Use
District may be used for one or more of the following uses if its use complies with
subsection 1102.800 and the following provisions:
(1) Schools. Conditions:
a. Access to the site shall be from a major or mi
as designated in the Comprehensive Plan.
b.
Buildings shall be located at least 150
adjacent property and maintain a bu
any residentl
the adjoining pro
(2) Accessory Apartments: Conditions:
a, Accessory apartments shall be al
the following purposes:
~ More efficient utilization of the existing
city;
~ Provision of hous
family members;
~ Preservation of pro
existing single family
~ Provision of housing
persons employed for m
Ie family dwelling for
ndence for older
of the character of
uch as nannies, or other
rposes on the premises.
. ision, the following definitions shall apply:
sons residing within a single family house
bstantial amount of social interaction
eeping responsibilities or expenses or the
within a house which is suitable for human
including suitable finished basement areas but excluding
ices areas and unfinished portions of the building;
on who holds fee title or is a bona fide purchaser under
ed of the property;
't of Ho ng" - one or more rooms designed, occupied or intended for
pancy<as separate living quarters, with cooking, sleeping and sanitary
ties separate from those of another unit of housing and intended for
exclusive use of a single housekeeping unit; and
mporary Absence" - establishing residence outside of the twin cities
etropolitan area for a period not to exceed 12 months but during which
period the subject property continues to be the applicant's legal or principal
residence.
c. No accessory apartment shall be created or used except in conformity with
the following:
~ An accessory apartment may be created only within a single family
dwelling and no more than one apartment to be created in any dwelling;
~ Single family dwellings in which an accessory apartment is created must
be owner-occupied, with the owner residing in either unit on a continuous
City of Prior Lake
May 22, 1999
1102/p2
Zoning Ordinance
basis except for temporary absences throughout the period during which
the permit is valid;
);> A minimum of 2 off-street parking spaces must be provided for each unit of
housing with such parking to be in a garage, carport or on a paved area
specifically intended for that purpose but not within a required turnaround;
~ In an existing single family dwelling, an accessory aQ ent may be
created by the conversion of living space within the ut not by
conversion of garage space unless space is availabl a two car garage
on the lot without the need for a variance;
~ An accessory apartment must be no more th
living area of the house or 950 square fee
gross living area includes the accessory a
~ Exterior changes to the house must no
character of the structure;
~ No apartment may be created
building, housing, electrical, pi
city;
~ An accessory apartment is permitte
it will not have an undue adverse imp
there will not be a substantial alte
neighborhood; an
~ All other provision
are met, unless spe
's ordinance relating
ended by this sub
1102.203
e buildi in which animals are kept shall be at least 100 feet from the
rest property line.
ial Recreation. Conditions:
Access to the site shall be from a major or minor collector or arterial street.
ublic Service Structures, including Utility Substations. Conditions:
a. No utility substation structure shall be located with 200 feet of any R-Use
District.
b. All service drives shall be paved.
City of Prior Lake
May 22, 1999
11 02/p3
Zoning Ordinance
c. A bufferyard, Type C as defined in subsection 1107.2005, shall be installed
and maintained along all public rig ht-of-ways , and along all lot lines
adjacent to an R-Use District.
d. All outdoor storage areas accessory to the public service structure or utility
substation must be located a minimum of 50 feet from an erty line.
(4) Outdoor Storage. Conditions:
a. A drainage plan for the site shall be approved
b, All outdoor storage yards shall be located a
property line.
c. A bufferyard, Type C as defined
and maintained along all public
to an R-Use District.
(5) Commercial Stables. Conditions:
a. The buildings in
property line,
1102.204
Accessorv Uses. The fo
principal uses allowed in th
this Ordinance:
1i.;;i:d:i11C{
II be permitt~(:ras accessory uses to
i ict under the provisions of
4 persons
eria
rs or boarders
. s sr rn:eGis=ll=:eIp
a religious institution.
ach does not exceed 4 days in duration, and there are no
year conducted on the premises. Signage for this use is
ion 1107.709.
Oimen nal Standards. No structure shall exceed 35 feet in height unless
approv[f by the Board of Adjustment. The minimum lot size is 10 acres for
reside '''lal uses and 40 acres for all other uses. The minimum lot width is 330 feet.
T e aximum density shall not exceed 0.10 units per acre. The minimum yard
irements are as follows:
Front: 50 feet
Rear8aGk: 30 feet
Side: 20 feet
City of Prior Lake
May 22, 1999
11 02/p4
Zoning Ordinance
1102.300: "R-S" Rural Subdivision Residential Use District. The purpose of the
"R-S" Rural Subdivision Residential Use District is to provide suitable areas for
large lot development outside of the Metropolitan Urban Service Area identified on
the Comprehensive Plan. The emphasis in these areas is on single family
residential development. The Use District provides for other yses which are
compatible with the overall low density of these areas and w.h ill serve the
residential neighborhood.
1102.301 Permitted Uses. The following uses are permitted in t
Use District if the use complies with; the Residentia
subsection 1102.800:
~ Single-family Dwellings
~ State License Residential Facilities as pe
~ Parks and Open Spaces
~ Group Homes 1 Statutory
1102.302
Uses Permitted With Conditions. A
Subdivision Residential Use District may be
uses if its use complies with the conditions s
those specified for the u 'n this subsection.
(1 )
a.
At least 800 sq. ft.
site.
ch person housed on the
b.
occupied by not more than 6 persons
rsons.
1 bathroom for each 4 persons
tructure shall provide 1 bedroom for each 2 persons
in group living quarters,
use shall not be located within 1,500 feet of another group home.
nal (Academic). Conditions:
Buildings shall be located at least 50 feet from a lot in an "R" Use District.
An off-street passenger loading area shall be provided in order to maintain
vehicular and pedestrian safety.
c. Outdoor recreational and ply areas shall be located at least 25 feet from
any lot in an "R" Use District, and shall be buffered from such residential
use with a bufferyard, Type C as defined in subsection 1107.2005.
City of Prior Lake
May 22, 1999
11 02/p5
Zoning Ordinance
(3) Park/Recreation, Conditions:
a. The principal structure shall be located at least 50 feet from a lot in an "R"
Use District.
b. Areas designated for group activities shall be located a
from a lot in an "R" Use District.
c. A bufferyard, Type C as defined in subsect'
constructed along the property line when a co
residentially used or in one of the "R" Use
not require a fence within the required fro t
traffic visibility at intersections.
d. The entire site other than that ta
or other landscaped areas sha
and drainage.
e.
Swimming pools shall be located at
least 12 feet from any other structure on
o feet from any lot line and at
me lot.
f.
II be installed.
g.
Facilities which se
located with primary v
e or regional function shall be
tctor or arterial street.
h.
within 300 fee
.all be lighted
\: I include fixtur
be minimized.
e to a roadway identified in the Comprehensive Plan as a
Ilector q rterial or shall be otherwise located so that access can be
vided without generating significant traffic on local residential streets.
reakfast Establishments. Conditions:
The facility shall be owner-occupied.
The required parking shall be screened with a bufferyard.
c. The total number of guests shall be limited to 6.
d. Not more than 50% of the gross floor area of the residence shall be used
for the guesthouse operation.
City of Prior Lake
May 22, 1999
11 02/p6
Zoning Ordinance
e. Only exterior alterations which do not alter the exterior appearance from its
single-family character will be allowed.
f. Accommodations may be provided to a guest for a period not exceeding 14
days.
g. Food service shall be limited to breakfast and afternoo
h. Rented rooms shall not contain cooking facilities.
i. Rooms used for sleeping shall be part of t
and shall not have been constructed spec' ica
j. No more than 50% of the rear yard
(6) Accessory Apartments: Conditions:
a. Accessory apartments shall be a
the following purposes:
~ More efficient utilization of the existing
city;
~ Provision of hous
family members;
~ Preservation of pro
existing single family
)0> Provision of housing
persons employed for m
of the character of
uch as nannies, or other
rposes on the premises.
. ision, the following definitions shall apply:
sons residing within a single family house
bstantial amount of social interaction
eeping responsibilities or expenses or the
within a house which is suitable for human
including s Itable finished basement areas but excluding
ices areas and unfinished portions of the building;
n who holds fee title or is a bona fide purchaser under
ed of the property;
't of Ho ng" - one or more rooms designed, occupied or intended for
pancy'Pas separate living quarters, with cooking, sleeping and sanitary
ties separate from those of another unit of housing and intended for
exclusive use of a single housekeeping unit; and
mporary Absence" - establishing residence outside of the twin cities
etropolitan area for a period not to exceed 12 months but during which
period the subject property continues to be the applicant's legal or principal
residence.
c. No accessory apartment shall be created or used except in conformity with
the following:
~ An accessory apartment may be created only within a single family
dwelling and no more than one apartment to be created in any dwelling;
~ Single family dwellings in which an accessory apartment is created must
be owner-occupied, with the owner residing in either unit on a continuous
City of Prior Lake
May 22, 1999
1102/p7
Zoning Ordinance
basis except for temporary absences throughout the period during which
the permit is valid;
);> A minimum of 2 off-street parking spaces must be provided for each unit of
housing with such parking to be in a garage, carport or on a paved area
specifically intended for that purpose but not within a required turnaround;
~ In an existing single family dwelling, an accessory ap ent may be
created by the conversion of living space within the ut not by
conversion of garage space unless space is availabl a two car garage
on the lot without the need for a variance;
~ An accessory apartment must be no more th
living area of the house or 950 square fee
gross living area includes the accessory a
~ Exterior changes to the house must no
character of the structure;
~ No apartment may be created e
building, housing, electrical, pi
city;
);> An accessory apartment is permitte
it will not have an undue adverse imp
there will not be a substantial alte
neighborhood; an
~ All other provision
are met, unless spe
1102.304
Uses Permitted bv Conditl nal U
Rural Subdivision Residentia
except by Conditional Use Pe
Perfor tandards of su
gen provided in s
i section and wi
pose.
buildings shall meet the provisions of subsection
all be located a minimum of 15 feet from any lot in an "R"
ufferyard, Type C as defined in subsection 1107.2005, shall be installed
d maintained along all property lines abutting an "R" Use District.
All structures shall be located a minimum of 30 feet from any adjacent lot in
an "R" Use District.
(3) Country Clubs. Conditions:
a. All structures shall be located a minimum of 30 feet from any adjacent lot in
an "R" Use District.
City of Prior Lake
May 22, 1999
11 02/p8
Zoning Ordinance
1102.305
Accessorv Uses. The following uses shall be permitted accessory uses in the "R-
S" Rural Subdivision Residential Use District.
~ Detached private structures as regulated in Section 1102.700 (8).A det3ched
priv3te s3:-ag:: :-1st ~ exceed e3::! s~~=re feet zr ::!5%-::f t ~c=:- I::t a:-ea,
'Nhiche'l€r is Ie5&.-
~ Off-street parking spaces
~ Private swimming pool and tennis court
~ Family Day Care Facilities serving 14 or fewer perso
~ Boarders. Keeping of not more than 2 board
family. .,...,..'
~ Domestic or MediG::1 Resident=. ~",'", ',~)_:mu~:- ~~sns
domestic or me~isc:1 ~urposes on the r:r€ , ....; ·
010..,
~ Signs, as regulated by subsection 1107 ,,' 00 through 1107.1700.
~ Gardening and other horticultural us
~ Decorative landscape features in
terraces.
~ Adult Day Care in a religious institution,
150 feet of outdoor sitting and exercise are
periods is provided.
~Yard Sales, provided e
more than 3 sales per ye
regulated by subsection 11
ut notl1tPit~d to pools, arbo,'. and
y center or nursing home if
erson under care at peak
ti ,and there are no
nage for this use is
(1) Home Occupations are perm
Use D' a home occup
co I of the followin
in an "R-S" Rural Subdivision
been issued and the use is in
~stored within an enclosed structure.
pation is not apparent from the public right-of-
n or parking of one vehicle not to exceed 9,000
ross vehicle weight.
s not involve warehousing, distribution, or retail sales of
oduced off the site, except that storage up to 200 cubic feet
and materials used to carry on the home occupation is
person is employed at the residence who does not legally reside in the
ome except that a licensed Group Family Day Care Facility may have 1
outside employee.
No light or vibration originating from the business operation is discernible at
the property line.
f. Only equipment, machinery, and materials which are normally found in the
home are used in the conduct of the home occupation.
City of Prior Lake
May 22, 1999
11 02/p9
Zoning Ordinance
g. Space within the dwelling devoted to the home occupation does not exceed
400 sq. ft. or 10% of the floor area, which ever is greater.
h. No portion of the home occupation is permitted within any attached or
detached accessory building.
i. The structure housing the home occupation conforms t
and in the case where the home occupation is a day
customers or students, the home occupation ha
Occupancy.
j. All home occupations shall be subject t
compliance with the above conditions.
k. All applicable
obtained.
(2) Group Day Care/Nursery School in a r
academic educational institution complying
a. At least 40 sq. ft. f outside play space per
b.
c.
ch do not interfere with
1102.306
(1 )
r 35 feet in height, whichever is less, except
R-S Use District shall not exceed 0.3.
Inlmum requirements and those additional requirements,
difications contained in provisions (4) through (9) below and in
,'e shall govern the use and development of lots in the "R_
Lot Width Front Yard Side Yard Rear Yard
2
100
25
10
25
depth of the front year of a lot shall be at least 25 feet. The depth of the
uired front yard may be reduced if the average depth of at least 2 existing front
yards, for buildings within 150 feet along the same block front of the lot in question
is less than 25 feet. However, the depth of a front yard shall not be less than 20
feet.
(5) Through lots shall have a required front yard on each street.
City of Prior Lake
May 22, 1999
1102/pl0
(6)
Zoning Ordinance
The width of the side yard setback abutting a building wall shall be increased 2
inches for each 1 foot the length of the building wall exceeds e60 feet. The
additional setback will not be applied if there is a break in the building wall equal to
10% of the entire length of the wall. For the purpose of this subsection, a wall
includes any building wall within 10 degrees of being parallel to and abutting the
side lot line of a lot.
(7)
Side yard widths may be reduced if the side wall of a b~i:!i~::
more than 10 degrees with the side lot line, to permit the . .!!
yard to conform to the minimum side yard depth in t
shall be less than 5 feet deep. No side yard
construction of a driveway from the street into t
which has access from the street is locate
secondary access to the rear yard of the lot.
(8) A single family dwelling which legally
had been granted on or before tij,
expanded by an addition or dormer, provi
existing side yard and provided the combine
and the adjacent building is not less than 10 fee
(9) Any parcel which is subdi<'
is permitted provided th
parcels and the common I
the zoning district. Any fron
building face to the property Ii
ich a valid building
is Ordinance, lTla be
n ees not extend into the
the side yard for the building
n,,~ ominium ownership
~n all condominium
nsity permitted within
Ions shall apply from the
1102.400:
areas where the emphasis is on single-family
,igtrict provides for other uses which are
y of these areas and which will serve the
The following uses are permitted in the IR-1" Single Family
istrict if the use complies with the Residential Performance
Jj/J~ 102.800:
amily g ellings
ensedResidential Facilities as permitted by Minnesota State Statutes.
d Open Spaces
omeslStatutory
Us ermitted With Conditions. A structure or land in an IR-1" Single Family
"'Sldence Use District may be used for 1 or more of the following uses if its use
omplies with the conditions stated in subsection 1102.800 and those specified for
the use in this subsection.
(1) Group Home/Non-Statutory. Conditions:
a. At least 800 square feet of lot area shall be provided for each person
housed on the site.
City of Prior Lake
May 22, 1999
1102/p11
Zoning Ordinance
b. At least 150 square feet of usable open space shall be provided for each
person housed on the site.
c. The residence structure shall be occupied by not more than 6 persons
under treatment, and 2 staff persons.
c.
Outdoor areas inte
from any lot in an
residential lot with
1107.2005.
d. The residence structure shall provide one bathroo
accommodated in group living quarters.
e. The residence structure shall provide one
accommodated in group living quarters.
f. The use shall not be located within 1
(2) Community Centers. Conditions:
a. The building shall not be located
"R" Use District.
b. nger loading area shal
safety.
ctivities shall b, / ocated at least 25 feet
II> be buffered from such
as defined in subsection
(3)
t1fSO feet from a lot in an "R" Use District.
Ing area shall be provided in order to maintain
afety.
e,creational and play areas shall be located at least 25 feet from
"M/Use District, and shall be buffered from such residential
ryard, Type C as defined in subsection 1107.2005.
ildings shall be located at least 25 feet from a lot line in an "R" Use
istrict.
An off-street passenger loading area shall be provided in order to maintain
vehicular and pedestrian safety.
(5) Park/Recreation. Conditions:
a. The principal structure shall be located at least 50 feet from a lot in an "R"
Use District.
City of Prior Lake
May 22, 1999
1102/p12
Zoning Ordinance
b. Areas designated for group activities shall be located a minimum of 25 feet
from a lot in an "R" Use District.
c. A bufferyard, Type C as defined in subsection 1107.2005, shall be
constructed along the property line when a community park abuts property
residentially used or in one of the "R" Use Districts. This ision shall not
require a fence within the required front yard or whe e,rferes with
traffic visibility at intersections.
d. The entire site other than that taken up by strl!~t,
or other landscaped areas shall be surfaced<l~jth a ma
and drainage. <;;i
e. Swimming pools shall be located a
least 12 feet from any other struc
f. A drainage system approved
g.
Facilities which serve a communit
located with primary vehicular access 0
be
h.
Facilities within
lighting shall be Ii
which shall includ
impacts will be minimi~~d.
. tr' that require night
proved by the City
onstrate that off-site
;i';~;\:%
(6) Religious Institutions. Condit
at least 30 feet from any lot line of a lot in an
II be to a roadw"" Identified in the Comprehensive Plan as a
t19he otherwise located so that access can be
g significant traffic on local residential streets.
requi ed parking shall be screened with a bufferyard Type B as defined
ubsection 1107.2005.
e total number of guests shall be limited to 6.
Not more than 50% of the gross floor area of the residence shall be used
for the guesthouse operation.
e. Only exterior alterations which do not alter the exterior appearance from its
single-family character will be allowed.
f. Accommodations may be provided to a guest for a period not exceeding 14
days.
City of Prior Lake
May 22, 1999
1102/p13
Zoning Ordinance
g. Food service shall be limited to breakfast and afternoon tea.
h, Rented rooms shall not contain cooking facilities,
i. Rooms used for sleeping shall be part of the primary residential structure
and shall not have been constructed specifically for rental oses.
of the character of
j. No more than 50% of the rear yard may be paved or
(8) Accessory Apartments: Conditions:
a. Accessory apartments shall be
the following purposes:
~ More efficient utilization of t
city;
~ Provision of housing which
family members;
~ Preservation of operty values and
existing single fam
~ Provision of housi
persons employed f
nannies, or other
on the premises,
b. For the purpose of thi definitions shall apply:
~ "Housekeeping Unit" - within a single family house
lationship inclu a substan I amount of social interaction
e sharing of h ekeeping responsibilities or expenses or the
Is together;
e" - the area a house which is suitable for human
c1uding suitab Inished basement areas but excluding
nfinished portions of the building;
olds fee title or is a bona fide purchaser under
or deed of t e property;
sing" - one or more rooms designed, occupied or intended for
rate living quarters, with cooking, sleeping and sanitary
e from those of another unit of housing and intended for
xclusiv se of a single housekeeping unit; and
porari Absence" - establishing residence outside of the twin cities
opolitan area for a period not to exceed 12 months but during which
od the subject property continues to be the applicant's legal or principal
idence.
No accessory apartment shall be created or used except in conformity with
the following:
An accessory apartment may be created only within a single family
dwelling and no more than one apartment to be created in any dwelling;
~ Single family dwellings in which an accessory apartment is created must
be owner-occupied, with the owner residing in either unit on a continuous
basis except for temporary absences throughout the period during which
the permit is valid;
City of Prior Lake
May 22, 1999
1102/p14
Zoning Ordinance
~ A minimum of 2 off-street parking spaces must be provided for each unit of
housing with such parking to be in a garage, carport or on a paved area
specifically intended for that purpose but not within a required turnaround;
~ In an existing single family dwelling, an accessory apartment may be
created by the conversion of living space within the house but not by
conversion of garage space unless space is available for 0 car garage
on the lot without the need for a variance;
~ An accessory apartment must be no more than 3
living area of the house or 950 square feet, w .
gross living area includes the accessory apartm
~ Exterior changes to the house must not sub
character of the structure;
~ No apartment may be created excep
building, housing, electrical, plumbi
city;
~ An accessory apartment is per .
it will not have an undue adv
there will not be a substantia
neighborhood; and
~ All other provisions of this ordinance rei
are met, unless s cifically amended by thl
1102.403
Uses Permitted bv Con
Single Family Residential
by Conditional Use Permi
Performance Standards of
general conditions provided in
Specifi . 'ons imposed in
'ng Commissio
land in any "R-1"
be used for following uses except
all comply with the Residential
e requirements of all the
2 through 1108.204, with the
nd with any other conditions the
he following minimum requirements: (1) No
its shall be incorporated in a single building; (2)
y of development shall not exceed the density allowed in an "R-
amily Residential Use District; (3) This subsection shall not be
rsion of existing dwelling units into cluster housing but may
ite clearance and redevelopment. Existing units may be
orpora~~ into new development plans when such units are not
vertedor added to; (4) There shall be 600 square feet of usable open
ce for each dwelling unit.
e applicant shall clearly demonstrate through the application and site
plan that a superior development would result by clustering. The presence
of a superior development shall be determined by reference to the following
criteria: (1) The presence and preservation of topographic features, woods
and trees, water bodies and streams, and other physical and ecological
conditions; (2) Suitable provisions for permanently retaining and
maintaining the amenities and open space; (3) Locating and clustering the
buildings to preserve and enhance existing natural features and scenic
views, aesthetically pleasing building forms and materials, addition of
landscaping to screen development, recognition of existing development
City of Prior Lake
May 22, 1999
11 02/p 15
Zoning Ordinance
and public facilities, and consistency with City goals and plans for the
areas.
(2) Public Service Structures. Conditions:
a. All exterior faces of all buildings shall meet the provisi
1107.2200.
b. All structures shall be located a minimum of 15 fe
Use District.
c. A bufferyard, Type C as defined in subse
and maintained along all property lines
(3) Golf Courses. Conditions:
a. All structures shall be locate
an "R" Use District.
(4) Country Clubs. Conditions:
a. All structures sha
an "R" Use District.
(5) Free-Standing Parking Lo
a. The
within 500 feet of the existing
eet all the provISions listed in subsections
3), and 1107.204.
Conditions:
e dome must be accessory to an existing use located within the same
oning District.
No outdoor storage of any kind is permitted on the site.
c. A bufferyard, Type C as defined in subsection 1107.2005, shall be installed
and maintained along on property lines abutting a "R" use district.
d. Hours of operation shall be limited to 5 a.m. to 10 p.m. on weekdays and 5
a.m. to 11 p.m. on weekends.
City of Prior Lake
May 22, 1999
1102/p16
Zoning Ordinance
e. All mechanical equipment shall be fully screened.
f. All structures shall be located a minimum of 60 feet from any adjacent lot
line in an uRn use district, and the setback shall be increased by an
additional foot for each foot in height that the structure exc s 60 feet.
g. No light or vibration originating from the structure or
shall be discernible at the property line.
h. The structure shall not exceed 75 feet in heig
i. The structure shall be of a color tha
within its surroundings.
j.
1102.404
~ Detached private str~tures as regulated in
private dar:: ,,,,,",,.
whichevEr it less.
~ Off-street parking space
~ Private swimming pool an
~ Family Day Care Facilities
~ Boarders. Keeping of not
family.
?>-
1102,700 (8).A detached
Et:r 1st C::-8a;-
Er.-:~Ioyed f-or
arbors and
in a religious institution, community center, or nursing home if
outdoor sitting and exercise area per person under care at peak
each does not exceed 4 days in duration, and there are no
Signage for this use is
cupations are permitted accessory uses in an IR-1" Single Family
ial Use District if a home occupation permit has been issued and the use
mpliance with all of the following conditions:
All material or equipment shall be stored within an enclosed structure.
b. Operation of the home occupation is not apparent from the public right-of-
way or any lake, except for parking of 1 vehicle not to exceed 9,000 pounds
gross vehicle weight.
City of Prior Lake
May 22, 1999
1102/p17
Zoning Ordinance
c. The activity does not involve warehousing, distribution, or retail sales of
merchandise produced off the site, except that storage up to 200 cubic feet
of products and materials used to carry on the home occupation is
permitted.
d, No person is employed at the residence who does not Ie
home except that a licensed Group Family Day Care F
outside employee.
e. No light or vibration originating from the busine
the property line.
f. Only equipment, machinery, and mater'
home are used in the conduct of the
g. Space within the dwelling devo
400 square feet or 10% of th,,~
h.
No portion of the home occupation
detached accessory building.
<ffiitted within any attached or
i.
The structure ho
and in the case w
customers or stude
Occupancy.
to, the Building Code;
e occupation is a '/;i"'Y/ e or if there are any
ccupation ha~j'received a Certificate of
j.
All home occupations
ce with the abo
n annual inspection to insure
agencies have been
n a religious institution, community center, or
omplying with all of the following conditions:
areas are fenced and screened with a buffer yard.
p off and loading points are established which do not interfere with
ic and pedestrian movements.
tructure shall exceed 3 stories or 35 feet in height, whichever is less, except
provided in subsection 1101.508.
(2) The ground floor area ratio within the R-1 Use District shall not exceed 0.3.
(3) The following minimum requirements and those additional requirements, exception
and modifications contained in provisions (4) through (9) below and in the
Subdivision Ordinance shall govern the use and development of lots in the IR-1"
Use District.
City of Prior Lake
May 22, 1999
1102/p18
Zoning Ordinance
Lot Area (Sq. ft.) Lot Width (ft.) Front Yard (ft.) Side Yard (ft.) Rear Yard (ft.)
12,000 86 25 10 25
(4)
Density: The minimum density for new development in the R-
units per acre. The maximum density for new developm
District is 4 units per acre. These densities shall be
minimum lot areas listed in 1102.405 (3).
The depth of the front yard of a lot shall be at le~~~i:25 fee.
required front yard may be reduced if the ave'~q~pth of at
front yards, for buildings within 150 feet alo rhe block fro
question is less than 25 feet. However, th front yard shall
than 20 feet.
(45)
(65) Through lots and corner lots shall h.$
~i~ on each street
g wall shall be increased 2
II exceeds W--60 feet. The
in the building wall equal
t . subsection, a wall
to and abutting the
(7e) The width of the side yard setback abuttin
inches for each 1 foot the length of the buil
additional setback will n be applied if there is a
to 10% of the entire leng e wall. For the purp
includes any building wal egrees of being
side lot line of a lot.
(87) Side yard widths may be re Sid," a building is not parallel by
more than 10 degrees with th 'eH'ot line, t rmit the average depth of the
side y form to the mi 'h0h, um side yar 'depth in the District, but no side
yar than 5 feet d~p. No side yard shall be reduced to prevent
c riveway from tlf street into the rear of the lot unless a garage
from the stree ocated on the lot or an alley provides a
to the rear yard e lot.
gaily existed or for which a valid building permit
on or be ore the effective date of this Ordinance, may be
ddition or dormer, provided the addition does not extend into
'hd provided the combined width of the side yard for the
nt building is not less than 10 feet.
(1 09) Any is subdivided for the purpose of creating condominium
ownersy,." is permitted provided that the overall density created within all
condo~'l.~ium parcels and the common lot do not exceed the maximum density
permi .....d within the zoning district. Any front, rear, and side yard dimensions
pply from the building face to the property line of the common lot.
"R-2" LoVl To Medium Density Residential Use District. The
purpose of the IR-2" Low To Medium-Density Residential Use District is to
provide areas which are or will be developed with a mixture of residential
dwelling types that are of an overall low to medium density.
City of Prior Lake
May 22, 1999
1102/p19
1102.501
Zoning Ordinance
Permitted Uses. The following uses are permitted in the "R-2" Low To Medium-
Density Residential Use District if the use complies with the Residential
Restrictions and Performance Standards of subsection 1102.800:
~ Single Family Dwellings
~ Two Family Dwellings
~ State Licensed Residential Facilities as regulated by Minne
~ Parks and Open Spaces
~ Group Home - Statutory
1102.502
Uses Permitted With Conditions. A structure
Medium Density Residential Use District may
following uses if its use complies with th
1102.800 and those specified for the use i
_2" LO'N To
ore of the
section
(1) Group Home - Non-Statutory. Con .
a, At least 800 square feet of lot a
housed on the site.
b.
c. The residence stru
under treatment and
d. The residence structu
odated in group
I provide one bathroom for each 4 persons
darters.
cf within 1500 feet of another group home.
\I not be located within 50 feet of any lot line of a lot in an
off-street passenger loading area shall be provided in order to maintain
icular and pedestrian safety.
utdoor areas intended for group activities shall be located at least 25 feet
from any lot in an "R" Use District and shall be buffered from such
residential lot with a bufferyard, Type C as defined in subsection
1107.2005.
(3) Educational (Academic). Conditions:
a. Buildings shall be located at least 50 feet from a lot line in an "R" Use
District.
City of Prior Lake
May 22, 1999
11 02/p2 0
Zoning Ordinance
b. An off-street passenger loading area shall be provided in order to maintain
vehicular and pedestrian safety.
c, Outdoor recreational and play areas shall be located at least 25 feet from
any lot in an "R" Use District, and shall be buffered from such residential
use with a bufferyard, Type C as defined in subsection 11 005.
(4) Libraries. Conditions:
a. Buildings shall be located at least 25 feet from
(5) Park/Recreation. Conditions:
a. The principal structure shall be
Use District.
b. Areas designated for group €I
from a lot in an "R" Use District.
c. tion 1107.2005, shall be
unity park abuts property
T . provision shall not
re it interferes with
d.
ures, required buffer yards,
with a material to control dust
ated at least 50 feet from any lot line and at
re on the same lot.
by the City Engineer shall be installed.
which serve a community-wide or regional function shall be
primary vehicular access on a collector or arterial street.
acilities{L".... n 300 feet of property in an "R" District that require night
ting s~~nbe lighted according to a lighting plan approved by the City
ich shall include fixture specifications and demonstrate that off-site
acts will be minimized.
s Institutions. Conditions:
All buildings shall be located at least 30 feet from any lot line of a lot in an
"R" Use District.
b. Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential streets.
(7) Bed and Breakfast Establishments. Conditions:
City of Prior Lake
May 22, 1999
11 02/p21
Zoning Ordinance
a. The facility shall be owner-occupied.
b. The required parking shall be screened with a bufferyard Type B as defined
by subsection 1107.2005.
c. The total number of guests shall be limited to 6.
d. Not more than 50 percent of the gross floor area
used for the guesthouse operation.
e. Only exterior alterations which do not alte
single-family character will be allowed.
f. Accommodations may be provide
days.
g.
h. Rented rooms shall not contain cooking
i.
sidential structure
al purposes.
j.
No more than
parking.
be paved or used for
(8)
e allowed within a single family dwelling for
existing single family housing stock in the
allows privacy and independence for older
bers;
of property values and maintenance of the character of
'Iy neighborhoods; and
sing for live-in employees, such as nannies, or other
yed for medical or domestic purposes on the premises.
the purpose of this subdivision, the following definitions shall apply:
sekeeping Unit" - all persons residing within a single family house
ose relationship includes a substantial amount of social interaction
eluding the sharing of housekeeping responsibilities or expenses or the
taking of meals together;
"Living Space" - the area within a house which is suitable for human
habitation including suitable finished basement areas but excluding
garages, services areas and unfinished portions of the building;
~ "Owner" - the person who holds fee title or is a bona fide purchaser under
a contract for deed of the property;
~ "Unit of Housing" - one or more rooms designed, occupied or intended for
occupancy as separate living quarters, with cooking, sleeping and sanitary
City of Prior Lake
May 22, 1999
11 02/p22
Zoning Ordinance
facilities separate from those of another unit of housing and intended for
the exclusive use of a single housekeeping unit; and
~ "Temporary Absence" - establishing residence outside of the twin cities
metropolitan area for a period not to exceed 12 months but during which
period the subject property continues to be the applicant's legal or principal
residence.
c. No accessory apartment shall be created or used e
the following:
~ An accessory apartment may be created 0
dwelling and no more than one apartment to
~ Single family dwellings in which an acce
be owner-occupied, with the owner res'
basis except for temporary absence
the permit is valid;
~ A minimum of 2 off-street parki
housing with such parking to
specifically intended for that purpos
~ In an existing single family dwellin ,
created by the conversion of living s
conversion of gar e space unless space
on the lot without t d for a variance;
~ An accessory apa be no more tha rcent of the gross
living area of the h uare feet, ever is smaller. The
gross living area inclu me
~ Exterior changes to thtially alter the single family
character of the structur
~ ent may be
using, electric
. · d only where it is demonstrated that the
e an undue adv e impact on adjacent properties and where
antial alteration of the character of the
rmitted , onditional Use Permit. No structure or land in any IR-2"
edium-~ehsity Residential Use District shall be used for the following
pt by c>Conditional Use Permit. These uses shall comply with the
I Performance Standards of subsection 1102.800, the requirements of
neral conditions provided in subsections 1108.202 through 1108.204,
Specific Conditions imposed in this subsection and with any other
ons the City Council Planning Commission may impose.
a. Cluster housing shall meet the following minimum requirements: (1) No
more than 4 dwelling units shall be incorporated in a single building; (2)
The density of development shall not exceed the density allowed in the R-2
Use District; (3) This section of the Zoning Ordinance shall not be applied
to conversion of existing dwelling units but may be applied to site clearance
and redevelopment. Existing units may be incorporated into new
City of Prior Lake
May 22, 1999
11 02/p23
Zoning Ordinance
development plans when such units are not converted or added to; (4)
There shall be 600 square feet of useable open space for each dwelling
unit.
b. The applicant shall clearly demonstrate through the application and site
plan that a superior development would result by clusteri The presence
of a "superior development" shall be determined~ce to the
following criteria: (1) The presence and prese of topographic
features, woods and trees, water bodies and st nd other physical
and ecological conditions; (2) Suitable provisio nently retaining
and maintaining the amenities and open sp nd clustering
the buildings to preserve and enhance e~i~ti nd scenic
views, aesthetically pleasing buildingg(m~ d materia ition of
landscaping to screen developmenj cognition of existing ment
and public facilities, and consis' y with City goals and plan
areas.
(2) Public Service Structures.
a. All exterior faces of all buildings shall
1107.2200.
b.
All structures shal
Use District.
rom any lot in an "R"
c.
d.
a minimum of 30 feet from any adjacent lot in
all be located a minimum of 30 feet from any adjacent lot in
istrict.
bufferyard Type C as defined in subsection 1107.2005, shall be
constructed along the property line where it abuts property residentially
used or if it abuts any "R" Use Districts.
Lake Service Signs, as regulated by subsection 1107.809 are permitted.
c. Lighting shall be provided for safety and security only, and shall not be
directed at the lake or at adjacent properties. Lights for parking lots,
building and dock identification may have no more than 0.5 foot candles at
City of Prior Lake
May 22, 1999
1102/p24
Zoning Ordinance
the property line or at the edge of the dock structure furthest from the
shore.
d. Boat tours are permitted between the hours of 8:00 am and 10:00 pm.
e. One stall for each 4 boat slips must be provided. If tour ~p~t~ are based at
the marina, an additional 1 parking space for each 4~~'afs;'Oh.the boat is
required. ' 07"
f. Retail sales are limited to motors, parts, bait,
accessories.
(6) Free-Standing Parking Lots. Conditions:
a. The parking lot must be ace
recreational use located within
b. The parking lot must be locat
nonresidential or recreational use.
c. in subsections
d.
e. No structures are per
(7)
ome. Condition
must be acce ry to an existing use located within the same
rict.
,efined in subsection 1107.2005, shall be installed
ined along on property lines abutting a "R" use district.
'n shall be limited to 5 a,m. to 10 p.m. on weekdays and 5
. on weekends.
ical equipment shall be fully screened.
structures shall be located a minimum of 60 feet from any adjacent lot
the in an "R" use district, and the setback shall be increased by an
additional foot for each foot in height that the structure exceeds 60 feet.
No light or vibration originating from the structure or supporting equipment
shall be discernible at the property line.
h. The structure shall not exceed 75 feet in height.
i. The structure shall be of a color that provides for maximum integration
within its surroundings.
j. The dome structure shall be fully insulated.
-
City of Prior Lake
May 22, 1999
1102/p25
Zoning Ordinance
1102.504
Accessorv Uses. The following uses shall be permitted accessory uses in an
IR-2" Lo...: To Medium-Density Residential Use District:
~ Detached private structures as regulated in Section 1102.700 (8).^ ~;"i\'-ate
ga:-age :-:~ to exceed 832 (;~bare feet er 25% of tho r€cr let . .
tes&.-
~ Off-street parking spaces.
~ Private swimming pool and tennis court, ,'00
~ Family Day Care facilities serving 14 or fewer pers9!J~?
~ Boarder. Keeping of not more than 2 board~~f'()r room
famiIY'nii!!~", "';;:!\
~ Domestic or Medisal Residents. !...i'lin~iii_~nsn':'cf j:8f5CF'cG
domestic sr ::F.eEH~c:1 ;:~rposes sn t, . ;',...
~ Signs, as regulated by subsection 110 0 to 11 1700.
~ Gardening and other horticultural u
~ Decorative landscape features il)
terraces.
~ Adult Day Care in a religious institution, c
150 square feet of outdoor sitting and exerci
peak periods is provide
~ Yard sales, provided
no more than 3 sales per
is regulated by subsection
ur tion, and there are
ignage for this use
(1) Home occupations shall b
Medium-Density Residential
been i the use is in c
uses in the IR-2" Low To
home occupation permit has
of the following conditions:
ion is not apparent from the public right-of-
arking of 1 vehicle not to exceed 9,000 pounds
person is employed at the residence who does not legally reside in the
me except that a licensed Group Family Day Care Facility may have one
utside employee.
No light or vibration originating from the business operation is discernible at
the property line.
f. Only equipment, machinery, and materials which are normally found in the
home are used in the conduct of the home occupation.
g. Space within the dwelling devoted to the home occupation does not exceed
400 square feet or 10% of the floor area, whichever is greater.
City of Prior Lake
May 22, 1999
11 02/p26
Zoning Ordinance
h. No portion of the home occupation is permitted within any attached or
detached accessory building.
1102.505
i. The structure housing the home occupation conforms to the building code;
and in the case where the home occupation is day care there are any
customers or students, the home occupation has rec . rtificate of
Occupancy.
j. All home occupations shall be subject to an
compliance with the above conditions.
k. All applicable permits from other
obtained.
(2) Group Day Care/Nursery School in
academic educational institution a~~
the following conditions:
a. At least 40 square feet of outside play s
b. The outside play
c. Drop off and loadi
traffic and pedestrian
require ts and those additional requirements,
Ined in subsection (2) through (7) below, and
II govern the use and development of lots in the
Land Use
Lot Area Lot Width Lot Depth Front Yard Rear Yard Side Yard
(square feet) (feet) (feet) (feet) (feet) (feet)
60 90 25 25 10
75 120 25 25 10
100 200 25 25 10
100 150 25 25 10
Other Uses
(2) The minimum density for new developments in the R-2 Use District is 4.1 units
per acre, The maximum density for new developments in the R-2 Use District is
7.0 units per acre. These densities shall be achieved utilizing the minimum lot
area listed in Section 1102.505 (1).
City of Prior Lake
May 22, 1999
1102/p27
Zoning Ordinance
(~3) The depth of the front yard of a lot shall be at least 25 feet. The depth of the
required front yard may be reduced if the average depth of at least 2 existing
front yards, for buildings within 150 feet along the same block front of the lot in
question, is less than 25 feet. However, the depth of a front yard shall not be
less than 20 feet.-
(M) Through lots and corner lots shall have a required front yard
building is not par "","p, y
B/"O"."'
e average depth,pfthe
In e District, but no side
hall be reduced to prevent
r of the lot unless a garage
t or an alley provides a
(45) The width of the side yard setback abutting a building
inches for each foot the length of the building wal
additional setback will not be applied if there is a bE"p" in the
to 1 0% of the entire length of the wall. For the pcr~,~ of this s
includes any building wall within 10 degrees parallel to an
side lot line of a lot.
(&6) Side yard widths may be reduced if
more than 10 degrees with the si
side yard to conform to the minimum si
yard shall be less than 5 feet deep. No s
construction of a driveway from the street into
which has access fro the street is located 0
secondary access to the ard of the lot.
(87) A single family house whi +d'
had been granted on or b~fpre th
expanded by an addition or Clormer
valid building permit
for the purpose of creating condominium
rmitted provide 0.p~t the overall density created within all
Is and the com.,."h lot do not exceed the maximum density
" 'Plct. Any front, rear, and side yard dimensions
to the property line of the common lot.
OJ. The following USES; ~re-permitteG in th~R 2" !:)istfist if thE us;e
'ith the Residentic:1 PeffarmansE ~t::ndards of :ul::action 1102.800:
~€ !=c:mily Dwellings
~-+we !=c:mily Dwellings
~ ~tata Licensed Residen~ial Fc:sUitis: zs reaula~ed by Minnesst~ ~tate Statutes
~-PafI'.-c ::Fld Open S;:c:ses
1102.6Q2
Uses Permittod l..~"ith Conditions. .'\. s~ructure sr l::n9-in an "R 2" ~se District
may be used for one a:- ::Flore of the following bS6-S if ite lIse complies with the
City of Prior Lake
May 22, 1999
1102/p28
Zoning Ordinance
conditione s~atee i~ Sb::eGti-C~ 11 ~a 3na th~se specified f:r th3 b:S in this
€~I::ection.
{1) C~:Jster Housing. Conditions:
c:,
s..
I")
,-
~= ;:ro'lided f-or eash l3eFSeR
sn :l*lGs st"rall I:s ;:ro'lided f-or each
e sr.all ge-aG3u;:ieG ~Y.-R3t mare ~r.an 6 persons
E:1: ~ s~=~sns-.
:-esidemce structure shc:1l provide one bedrog..~ f9F.-ea=~ ~ persons
C:T.:T.aGateS in ~b:;: living quarters.
he residence structurs shell provide one ::::trI."9C:T. faF-eash 1 ;:ersons
aGGsmmodated in groo;: liviRg-e:;b:c:Ftars,.
The: bse shc:lI not be located within 1500 feet of ~mother grsbp ham&;-
(2) Community Centers. Conditions:
a. Tr.s ~~ shc:1l not be located within 50 feet sf c:ny-tet line-sf c: let in-oo
"~" ~ss ~:c~rist:-
City of Prior Lake
May 22, 1999
1102/p29
Zoning Ordinance
b. An off stree~ pc:ssenger 103ding 3re~ €-hc:ll be pro'.'ided in order tc :r.aint3in
veRfSlt.c::- ar.rl pedestrian sa~
S. ()l;:tdoor ar:a: i:1tonded for grol;:13 :::stivitieG s~&!1 te loc3tes at le:::st 2s reet
fFsm ::r.~y:t in jJ{:\ "r." Use District 3nd shc:l~ suffered from GUsA
fe8i€Ie...,~i:::1 l:~ witt: c: ~uffery3ra, Ty~e-~ as
1107.2005.
(1) Edueational (Aeademie). Conditions:
~. 9b:ilsiAgs-shall !::>e looated c:t leact 50 feet fr~
!:>. /\n off stre::~ I'l::E~r Isc:ffiAs c::-::a E\..~
veRfeulc::- c:~d pedestria~ E::~-ety.,-
Q. Outdoor reoroatbnc:1 :::I€i ~a}:61W~llII~~.1WP![ S~31l be 81e"Eated c:t least ~a L
aRY-Ie~ in c:~~I~" ~se ~iEm~t~~~~:e~~1l =e b~~[ed fre,~ s~sh :-
use 't.,it-h c: =l;:ffefyafs, TYf3e--~ aE '~;!E0p;p~~ ir. CP0)0'"
~5-) Libraries. Conditions:
e. 9'dilsin;s-:~d.Il;
(f) ParklReereation. Conditi
e. T~s:~a-! E~rblGWfw
Yse !;);stfiGt:.
in Eb=CeGtie,., 11 ~Qa, G~a-!I be
n :: oor.1r.1b:ni~y f:erl":~b:ts ~~
"~" lJSE: ~istrists. Thic ~:-9Visbn E~all r.m
ont Y3rd or '.'there it iRteFferss '.vitA
r thC::1 t~e~ u;: =y structures, requires ~ufferY3rds,
ac shall !:)e Eb:l1aced with c: mete:-ic:1 to control dust
. :11i~sl: st:::1l be looated :::t least 50 feet fre::r. :::~y lot line and 3t
t 1 ~ ~-eet-fF~~ c:ny-etAer strusWfe..-:r. tt.e sa:ne-let-:-
/\ drainage systE:~ :::13;:roved by the City Engineer Ehall =e-ir.-s~-aIle4
Fesilities whish SeFVE: a sSr.1mb:nity wide ::- :-egien:::1 WAGticn sh:::1l be
located with ~im:::ry...veRi::J!cr asee-s:. <:IF: a collector or arterial street.
h. Fa€~li~ist within 300 feet sf c: ;:r~. ir. :::~ "R" CistFiGt tt.et :-equire night
*shtins Eh:::1l =e lighted aocordins tc e li~g j:)!C:~ c:;:;;:;:-aves =y the City
wAis~ shall include fimbre speoific3ti:~.c ::::1d dem:nE~rate that off site
':r.1~ects will be minimized.
City of Prior Lake
May 22, 1999
1102/p30
Zoning Ordinance
('?) Religious Institutions. Conditione:
a,
.^.~I elildiRa: :hall I::e locoted :::t le:::st 29-feet frar:-: ::::-:y lot line of 0 lot in an
!!~" ~se District.
....
_.
AGGaE:C e:r.=1l Be-tS c: r03dway identified in the--Go:r.p:;:-
collector or :Jrtsrial sr 3~:l!1 ~
provided without generating signific:mt tr:::. .
(e-) ~ a~tt Breakfast Establishments, Conditions:
s-.
Ths fasility s..":all be owner occupied.
....
n:s :-:qb:iFE*'! ;:::::-kffig :~""r:::1l
i:-: c:..:tlseation 1107.2005.
s-.
el,
s. 0nly s <<<<,
singlo ~=r.1i\y-:,1arc:";~"
f.
AGGsmr.1ooatbns
Gay&:
a ;:eriod not exceeding 11
r rail I:e ;:ar. sf the ;xi:r:=I)LfeSiGent~al :1ructuro
~nstAffites s;:eGffisally--feHen~c:1 ;:b:r;:9Se&.-
aO percent of the r:c:r ~!Cifd i.lay-be ;:c:vea-sr l:Jsed for
. _.. .. p.=~ ~se Permit. No structure or bn= i:-: e;-:~~
MeGHltp:~ensity';Residentia! !Jse !:)lstfist shc::1l =: ~:ed for the f-ollov:ing uses
~e~~y'Conditicnal Use Permit. These usee shc:1l se.~;:I~'-With the Residenti31
Peff~Jf:nse ~taF:dords sf &'...:~seGti-sn 11 Q~.8g.Q, tt:e requirements sf :::1l---tRe
geRS~gf*'conditio;"'(g ;::-9ViGe€l in sb:9seGtis;",r3 11 ~Q~ thr~h 11 !)8.~94,v{i~h the
" . .. in tr.i6 :~SseGHe.1 sn~th SF:Y other conditions the
:~I r.1ay im;:~
Publio Servioe Stru=tl:Fes. Conditions:
e. /\11 :xterior faces sf all buildings :!':all moot the provisic,'1s 9f Sb:BseGtieA
1107.2200.
City of Prior Lake
May 22, 1999
11 02/p31
Zoning Ordinance
b. .6J1 Gtrusllifec shall be locates a mffiiml::T: :>f 15 feet frc:t. enY-.4ot in an "~"
Yse ~istristo
S. :' II servioe driv::: s~all ~e paved.
8. .'\. e:::ff-eryard, Type b a: aefiAee! i~ subsection 1107,2005
and m::1int::1ined alon~ ell i=roperty lines ::1butting C:F: "R."
(:]) Golf Courses. Conditions:
a. /\.11 s~:-l.:stl.:fe&-S:-:3!1 =8 10o::1te:! a :niRir.1l.:r.:::
c:n "R" lJse District.
{3) ~ountf)' Clubs. Conditions:
::1. All structurES :~ra
an "R" Use District.
{1)
a.
Sf
e.
T~E parking
f t:-:e existing
S'.
1iste€J in subsections
S e:1 existing uce located ...:ithin #le s~rne
f any-kffie! is permitted on the site.
s, Type C ::1S definec i~ :ubseGtisn 1 ~~5, :h=:1l =E iF',c~alleG
=:iF:tained along =n ;:roperty linEs ::elJtti.Ag c: "R" L:ce district.
el.::-s af.-.epa:-=t:9A-&h=:1l be limited te 3 e.:r.. ta-4~ ;:.:-:-:. on weekd::1Y: ana-a
a.m. to 11 p.m. on weekends.
e. All mes,1anisat-e€tl.:i;:men~ shall be fully screened.
f. .^AI strlo:sWres sh::1l be 10c::1ted =: :r.im:nlo:m of 60 feet fre:r. :::;;-;y adjacent let 1iF:e-iR
c:n "R" L:se distrist, eF:d the setbas~": :hall be increased by ::1n additional foot for
each foot in height that the strlo:cture exceeds 60 f-eet.
City of Prior Lake
May 22, 1999
11 02/p32
Zoning Ordinance
g. t'Jo light or vibr:Jtion origin=ti~g-fFe:T. the strbsWfe-Sr sb;:;:orting equi;:r.:;8flt shaU
be disoernible =~ the property line.
h. Th: strbcture sholl not exceed 75 feet in height.
i. n:e structur::: ::r.31l-ge--:::f ::: :::9Ie:- ~~:::t provides f::::- ;r.::: .
its sbrroundings.
j. The dome strooWre-:r.all ~e fully irr.:blateEh
1102.601
Assessor\' Usez. T~e follO\.ving bses :h::1
"R J" Sir.gle F:Jmily Residentic:1 ~
~-A ;::-iv:Jte det:Jched a::-ra
Jet e:-ea, whichever is IE:t..
~ Off stree~ 13=:-lti~Sl sl3ases:-
~ Priv:Jte s.....i:":1:r.ing pool and tennis C:::b ..
~ FC::T1ily Day Care faciliti:: seFViflg 11
~ Boarders. Keeping of not more than ~ ~
famil~t,-
~ Domestic or Medis_
domestic or :T.eEHsc:1 ~b:-13
~~, c:s :-eg\;J~a~ea-9Y s
~ G:Jrdening c:n
~-Qese-rc:~ive la~
terraoes.
~-Adl:.~
e:-s ey e :-esident
e:;-:;:Ioyed or
, e:-c9ffi, c:na
1 days in &J:-etis~, e~a-tReF: =re
. :::s. S-:gn:Jge for this use
. i:1 ar. enclosed strbstw:e,.
3ration of the home oC:bl3a~c.., is Aet c:~:::nt fnxTl the public right of
sr a~y l:Jke exoept fer ;:::::-kfA9-sf 1 '.'ehiole not to exceed 9,000 pounds
:ss '.'ehicle weight.
S. Ns iJefSOr. is employes c:t tl=:e residence who does not leg:llly reside in the
home except that :J licensed Grsu;: F::::rr:!;' ~ey C:Jre F:Joility mc:y h:Jve one
outside employee.
City of Prior Lake
May 22, 1999
11 02/p33
Zoning Ordinance
e. ~o light or vibration origin:lting fror.1 the business ope:-=~iar. ic ffisG3rn1=Ie-at
the property line,
f. Cr.ly equipment, machinery, anQ materials which :lre normally founs in the
home ore :.!:eG-in ~~e conduot of the home oosuJ3a~i9A-:
g. S;:::se-\\'itb~
100 squ:lre feet or 10% of the flosr c:re::, \
t:. ~Jo portion of the home OCSbJ3aY€n
det:lched :lcoeas=ry building.
i. T~e struoture hSb::i~
aAS in tr.
,sust9mS:=: :;:- 3t
GesbJ3::nsy,-
j.
k.
/\11 ::
€~aiReG,.
. ~ ~::\'e been
{"I)
\-
:: ;:I::y :;:x::~e per pupil is provided.
c:n::l screened wi~h c: sbfferyard, and
net derfere with
Ns strbsWfS shell exoeed 3 stories or 35 feet in
~ c:s ;:r9\4€IeC in sb=sestk;~ 11 ~8. T:-:e
s R 2 b!se District st:::1l r.ot exoeed ~.J5.
g ::r::inir.:;~m requirements c:nd thoss eaGilisn::1 :-equirements,
c::-:::l modific:ltions oontaines in cu=seotion {~) through (7) belovo", c:na
i:-:anse,-€h::1I severn th3 ~se :lnd develspment of lots in the
Let Area Let '}'fidth Lot Depth FFaAt- Rear Side Yard
By Land Use ~ ~ ~ :vaFEI ~
{Eo::;. ~.) ~ ~
I
I Single Family eo 90 ~ ~ -W
9,OOG
City of Prior Lake
May 22, 1999
11 02/p34
Zoning Ordinance
+wG.-F:lr.1ily -7a 4-20 25 25 .w
~~
Cluster Housing 400 2QQ 25 25 -to
30,00G
Other ~:::as .wo 4-W 2a -to
1:,900
{~) The depth of the frsnt y~f : le~ =~:Il =€ c:t I:::
required fre~t yafl;! mc:y be reduce€! if t~
fFsn~ yafd-:, for buildings within 159-fe€t along".tg~ di
questio~, is lece: ~~c:~ 25 ~et. ~ewever, tt~;r(nrpt~ s
le::e: ~t=::r. 20 feet. (amd. Ord. 03 14, pl-lb. JVlil03).
{J) Thr~::~:: anrl corner lots eh311 ha.t
{1)
includes :my building '1.'2
&i€fe--let line of a lot.
{s.)
~ "building ie: net ;:c:rallel by
it the average depth of the
th in the District, =b'-t na--siGe
No side yard e:hall se reduced ta p:-eveRt
. .ts th8-f€ar of the let ~metc a ;:r3~
:n t~er c:r. c:lley provides a
',:: :re subdivided fsr the ;:~rpose of crE2~ng condo~inil:m
. s praviGeEl that the--ev:::-c:II aene:ity created wi~hin :1-1
. pc:rsele: ans t~e-Ge::F.:f:on lot do not excees the mc:xi:n:Jrn 9€n::ity
. in ~h~sning distrist. .~sr.t, :-:::r :r.rl side yard dimensions
sm the building face to the property line of the common lot.
.600: IR-34" High-Density Residential Use District The purpose
of the IR-34" High-Density Residential Use District is to provide for multi-family
residential uses of the highest intensity, along with supportive uses of similar
intensity.
City of Prior Lake
May 22, 1999
11 02/p35
Zoning Ordinance
1102.7601
Permitted Uses. The following uses are permitted in the "R-34" High-Density
Residential Use District if the use complies with the Residential Performance
Standards of subsection 1102.800700:
) Two family dwellings.
~ Rooming Houses
~ State Licensed Residential Facilities as regulated by Minne
~ Parks and Open Space.
11 02.7602 l,J~~s Permitted With Conditions,. A structure or la
may be used for one or more of the following us
conditions stated in subsection 1102.7800 and t
subsection.
4" Use District
lies with the
se in this
(1) Cluster Housing. Conditions:
a. Cluster housing shall meet tt)e
~ Not more than 10 dwelling
building;
~ The density
~ This subsecti
units but may be
units may be incorp
not converted or add
~ There shall be 60
unit.
a single
o units per acre;
io,pf existing dwelling
velopment. Existing
s when such units are
en space for each dwelling
emonstrate through the application and site
ent would result by clustering. The presence
"all be determined by reference to the
eservation of topographic features, woods and
tr and streams, and other physical and ecological
con
~ Sui "isions for permanently retaining and maintaining the
enitie pen space;
Buildi ocation, building groupings, landscaping, views to and from
units, building forms and materials, recognition of existing development
public facilities, and city goals and plans for the area.
omes - Non-Statutory. Conditions:
At least 800 square feet of lot area shall be provided for each person
housed on the site.
b. At least 150 square feet of usable open space shall be provided for each
person housed on the site.
c. The residence structure shall be occupied by not more than 6 persons
under treatment and 2 staff persons.
City of Prior Lake
May 22, 1999
11 02/p36
Zoning Ordinance
d. The residence structure shall provide one bedroom for each 2 persons
accommodated in group living quarters.
e. The residence structure shall provide one bathroom for each 4 persons
accommodated in group living quarters.
f. The use shall not be located within 1500 feet of anot
(3) Community Centers. Conditions:
a. The building shall not be located within 5
"R" Use District.
b. An off-street passenger loading
vehicular and pedestrian safet
c. Outdoor areas intended for group
from any lot in an "R" Use Distri
residential lot with a bufferyard, T
1107.2005.
(4) Education (Academic).
a.
(5) Parks/Recreation. Condition
nated for group,. Ivities shall be located a minimum of 25 feet
. ttlCt.
ard, Type as defined in subsection 1107.2005, shall be
along the property line when a community park abuts property
'or in one of the "R" Use Districts. This provision shall not
within the required front yard or where it interferes with
y at intersections.
entire site other than that taken up by structures, required buffer yards,
other landscaped areas shall be surfaced with a material to control dust
nd drainage.
Swimming pools shall be located at least 50 feet from any lot line and at
least 12 feet from any other structure on the same lot.
f. A drainage system approved by the City Engineer shall be installed.
g. Facilities which serve a community-wide or regional function shall be
located with primary vehicular access on a collector or arterial street.
City of Prior Lake
May 22, 1999
11 02/p3 7
Zoning Ordinance
h. Facilities within 300 feet of the property in an "R" District that require night
lighting shall be lighted according to a lighting plan which shall include
fixture specifications and demonstrate that off-site impacts will be
minimized,
(6) Religious Institutions. Conditions:
a. All buildings shall be located at least 30 feet from a
"R" Use District.
b. Access shall be to a roadway identified in
collector or arterial or shall be otherwise
provided without generating significant
(7) Bed and Breakfast Establishments.
a. The facility shall be owner-oqc
b. The required parking shall be screen
in subsection 1107.2005.
c.
d. Not more than 50
used for the guestho
e.
Only exterior alteration
mily character
e exterior appearance from its
to breakfast and afternoon tea.
leeping shall be part of the primary residential structure
ve been constructed specifically for rental purposes.
more than 50 percent of the rear yard may be paved or used for
king.
Conditions:
The facility shall be located in a religious facility, community center, nursing
home or hospital.
b. A minimum of 150 square feet of outdoor area for seating or exercise area
shall be provided for each person under care.
(9) Group Day Care/Nursery School. Conditions:
City of Prior Lake
May 22, 1999
11 02/p38
Zoning Ordinance
a. At least 40 square feet of outside play space per pupil must be provided
and such space shall be enclosed by a bufferyard.
b. An off-street passenger loading area shall be provided in order to maintain
vehicular and pedestrian safety.
a.
Buildings shall be 10""/
District. "..
m a lot in an "R" Use
(10) Nursing Home. Conditions:
a. A minimum of 500 square feet of lot area shall be
to be housed on the site.
b. All structures shall be located a minimum
District.
c. The lot shall contain a minimum
per resident.
d. The structure housing the use sh
state law and the Building Code r
nursing homes.
(11) PolicelFire Station.
b. Access shall be to a rOi~w he Comprehensive Plan as a
or arterial or slj,~1I be otherwis located so that access can be
ithout generatin"significant traffic on local residential streets.
d visibility shall w",<,<~provided from the driveway to the adjacent
emergency vehigl~s and a traffic light shall be installed at the
'tntrol non-emergency traffic if recommended by
With A Conditional Use Permit. No structure or land in any
faential Use District shall be used for the following uses
se Permit. These uses shall comply with the Residential
nee Sta, ards of subsection 1102.8700, the requirements of all the
nditions provided in subsections 1108.202 through 1108.204, with the
onditions imposed in this subsection and with any other conditions the
Commission may impose.
e Family Dwellings. Conditions:
Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential streets.
b. Building lots shall contain a minimum of 400 square feet of usable open
space per dwelling unit and no more than 1/2 can be located in the front
yard.
City of Prior Lake
May 22, 1999
11 02/p39
Zoning Ordinance
c. The minimum spacing between buildings shall be the average heights of
the buildings,
d. Side and rear yards may be reduced to zero feet where dwellings are
designed to share common walls.
e. All buildings shall be located a minimum of 15 fee
curb line of internal private roadways or parking 10
f. No portion of the required 20 foot road
off-street parking requirements.
(2) Elderly Housing. Conditions:
a. Property shall meet all of the c
Housing.
b. A minimum of 25 percent of the usa
outdoor recreation or garden areas.
c. Elderly Housing 5
each dwelling unit.
d.
The property owner
a form approved by
occupancy by the elder
nt to rIJ' with the land executed in
"'the use of the property to
uildings shall meet the provisions of subsection
'11 be located a minimum of 15 feet from any lot in an "R"
ufferyard, Type C as defined in subsection 1107.2005, shall be installed
nd maintained along abutting "R" Use District lines.
There Is More Than One Principal Structure On A Lot.
a. The total lot area for the Use must equal the total of the combined lot areas
if each structure were on a separate lot.
b. An access easement, in a form approved by the City Attorney, must be
provided for each building that does not have direct access to a public
street.
City of Prior Lake
May 22, 1999
11 02/p40
Zoning Ordinance
c. The minimum spacing between buildings shall be the average heights of
the building.
d. All buildings shall be located a minimum of 15 feet from the back of the
curb line of internal private roadways or parking lots,
e. No portion of the required 20-foot internal road s
satisfy the off-street parking requirements.
(5) Free-Standing Parking Lots. Conditions:
a. The parking lot must be accesso
recreational use located within the s
b. The parking lot must be
nonresidential or recreational
c. The parking lot must meet all t
1107.203(11),1107.203(13), and Sectl
in subsections
d.
e.
(6) Recreational Dome. Condit
g use located within the same
, Ined in subsection 1107.2005, shall be installed
ed along on property lines abutting a "R" use district.
hall be limited to 5 a.m. to 10 p.m. on weekdays and 5
eekends.
hanical equipment shall be fully screened.
ctures shall be located a minimum of 60 feet from any adjacent lot line in
" use district, and the setback shall be increased by an additional foot for
h foot in height that the structure exceeds 60 feet.
No light or vibration originating from the structure or supporting equipment shall
be discernible at the property line.
h. The structure shall not exceed 75 feet in height.
i. The structure shall be of a color that provides for maximum integration within
its surroundings.
City of Prior Lake
May 22, 1999
11 02/p41
Zoning Ordinance
j. The dome structure shall be fully insulated.
11 02.601 ~ses Permitted eO) PUD
{1) ~ffice. Conditions:
a. Tr.e r.1:te~i:ls b:seel in ana pl:semer.t ef el~;"'t!: s~-J
the building design e:nd 3rchitecture.
s..
!..ana:s:;;e berm~ sh
produce other environt:'t.::n~"21
refuge, 'l.'i:-:EI ar.
t;IS=: aF:d control &y.:-::~
W, ana--ta
s. /\11 toe'.\' buildind: chc:1l =
9tHIGfAgs-. =Iements 9f.-G:).~~
building form C:RS r.1a
durability, 1:::mds:a;:iF: ,
€I.
s.
C-ooCjoooo'j'~1OU'yY;j.. :: I'lfovide (i) access
~i:1;~:j:~pace far astivs ::-:EI I'lassive
sr l'l~eseISir.SJ \vetlaRs; C:Ra-tf\') a suitc!:4e
Multiple Family Residential Use District,
~P
~Ten
Private
milyD
'ce an not to exceed 10
f the g r
man, ment or rental office provided that it does not occupy more
rcent of the gross floor area.
of not more than 2 boarders or roomers by a resident family.
~ Livi;c/<oo uarters of persons employed for domestic or medical purposes on the
premL~~s.
~ S' .~s, as regulated by subsection 1107.400 to 1107.1700.
ardening and other horticultural uses,
Decorative landscape features including but not limited to pools, arbors, and
terraces.
~ Yard Sales, provided each does not exceed 4 days in duration, and there are
no more than 3 sales per year conducted on the premises. Signage for this use
is regulated by subsection 1107.709.
City of Prior Lake
May 22, 1999
1102/p42
Zoning Ordinance
(1) Home Occupations shall be permitted accessory uses within an IR-43" Multiple
Family Residential Use District provided a home occupation permit has been
issued and the use is in compliance with all of the following conditions:
a. All material or equipment shall be stored within an enclosed structure.
b. Operation of the home occupation is not apparent fro
way or any lake except for parking of 1 vehicle not t
gross vehicle weight.
c.
The activity does not involve warehousing,
merchandise produced off the site, exceR tha 'v orage up
of products and materials used to rfi'the home
permitted.
tail sales of
cubic feet
tion is
d.
No person is employed at the
home except that a licensed
outside employee.
es not legally reside,
e Facility may hay~'i(me
e. No light or vibration originating from the
the property
f.
Only equipment,
home are used in t
ormally found in the
g.
Space within the dwelli"
400 square feet or 1 0%
'occupation does not exceed
chever is greater.
re housing the hQ occupation conforms to the building code;
'ome occupation is day care or if there are any
e home occupation has received a Certificate of
'tions shall be subject to an annual inspection to insure
the above conditions.
permits from other governmental agencies have been
.605 Dime sional Standards. No structure or building shall exceed 4 stories or 45
fe height, whichever is less, except as provided in subsection 1101.508.
ground floor area ratio shall not exceed 0.35.
The minimum density for all new developments shall be 7.1 units per acre. The
maximum density for all new developments shall be 20 units per acre.
(42) The minimum lot area shall be 8,000 square feet; except as provided under
subsection (10) below where subdivisions for the purpose of establishing
condominium ownership result in lot sizes smaller than the established minimum.
City of Prior Lake
May 22, 1999
11 02/p43
Zoning Ordinance
(.23) The minimum lot width shall be 60 feet; except as provided under subsection
(1G1) below where subdivisions for the purpose of establishing condominium
ownership result in lot sizes smaller than the established minimum.
(M) The front yard depth shall be a minimum of 30 feet or a distance equal to the
building height, unless the average depth of at least 2 existin i1dings within
150 feet along the same block front of the lot in question ar an 30 feet,
then the required front yard depth shall be the average of such existing
front yards or the building height whichever is greater. , the depth of the
front yard shall not be less than 15 feet.
(54) The side yards shall be a minimum of 15 feetQn
height on the other if the building height i~,;~l,~~~;ir~ 40 feet.
height exceeds 40 feet the side yards shall"pe;'15 feet plus 1 foot for
,!k:0':"
building height in excess of 40 feet for ec:h foot of building height in
40 feet on the other. If property abut in an R1" r, R-2 or R 3 Use
at the side yard, that side shall hav~; r requir j;~e yard.
(65) The width of the side yard abutting a buildin
each foot the length of the wall of the building
of this section, a wall' eludes any building
parallel to and abutting t . lot line of a lot.
II be increased 2 inches for
ds 50 feet. For the purpose
. in 10 degrees of being
(79) Side yard widths may be
more than 10 degrees with
side yard to conform to the
yard shall be less than 5 fee
constr a driveway fro
whi s form the str
s to the rear yar
h shall be a mi m of 25 feet except when the rear lot line
cuts lands in the R-1 or R-2 Use District, then
"'+'1&'+ of 25 feet or the building height of the building
"--""/!J1Yf?f?d
District, whicHever is greater.
e at or above the grade of all land abutting the structure
feet from all faces of the building.
hall contain a minimum of 400 square feet of usable open space for
ing unit located on it.
els which are subdivided for the purpose of creating condominium
hip are permitted provided that the overall density created within all
ominium parcels plus the common lot do not exceed the maximum density
rmitted within the Use District. Provisions for open space may be provided on
a common lot. Any front, rear, and side yard dimensions required by this section
shall apply from the building face to the property line of the common lot.
City of Prior Lake
May 22, 1999
11 02/p44
Zoning Ordinance
1102.8700: Residential Performance Standards. No structure or premises within
any "R" Use District shall be used for one or more of the following uses unless its
use complies with the following regulations:
(1) All trash, garbage, waste materials, trash containers, and recycling containers
shall meet parking setbacks and shall be stored in a manner pr d in the City
Code.
(2) No vehicle shall be stored, displayed, parked or allow,~g
yard or landscaped areas; except as permitted by I)
Section 1107.204 (12).
(3)
If topography or other natural conditions of th
side or rear yards, the creational equipment
driveway subject to w proval of the
following standards:
a.
The recreational eqUl
lot line.
The recreational equip
h into any public right-of-way.
b.
d track systems must be setback at least 10
, s, water, sanitary sewer, telephone, and
derground when used with all new structures
Ie e oss square footage of a structure by more than
s used for service to single family or two-family houses. In
ervice to an existing building other than a single family or two-
laced underground.
roads,,< all have a poured-in-place concrete curb measuring at least 6
ve and below the grade in all developments except developments of
ily or two-family dwellings.
edestrian circulation and pedestrian linkage to any existing public trails
walks shall be provided where practically possible for all developments
pt developments of single family or two-family dwellings.
All single and two family homes shall:
a. Be built on a permanent foundation;
b. Be connected to the City sanitary sewer and water unless exempted under
the provisions of Section 1101.505; and
City of Prior Lake
May 22, 1999
11 02/p45
Zoning Ordinance
c. If the home is a manufactured home, it shall:
~ Have a permanent, completely enclosed foundation constructed around
the entire circumference of the structure and which complies with the State
Manufactured Home Building Code.
~ Meet the standards and be certified by the U.S. De
and Urban Development.
(8) Accessorv Structures. shall comply .....i~h ::
a. General requirements. Accessory uses a
following standards and all other applic
~ No accessory use or structure
any lot prior to the time of cons
accessory.
~ The accessory use or s
associated with the principal use 0
~ The accessory use or structure
and purpose to the principal use or stru
~ The accesso use or structure shall b
as the principal structure, except fo
and loading faciliti efined in Section
provisions of Sectio
b. Design criteria. In all r 'den' 'sign and construction of any
garage, carport, or sto similar to or compatible with
i nand constr n of the m building. The exterior building
roof style, and ors shall be similar to the main building or shall
nly associated ith residential construction. In addition, the
all apply:
re prohibited, except in the "A" Use District.
d structure . An accessory structure shall be considered
and an integral part of, the principal structure when it is
cted to the principal structure or located 6 feet or less
Ipal structure. Such structures shall be subject to the
this Ordinance applicable to principal structures including, but
Iimit~d to, setbacks, building height, and other dimensional
uirements.
Detached structures. A detached accessory structure must be
structurally independent from the principal structure. Detached accessory
structures shall be permitted in residential districts in accordance with the
following:
1. The total ground floor area of all detached accessory structures
located on a single residential property in the R-1, and R-2 Use
Districts shall not exceed 1,000 square feet or 30% of the rear
yard.
2. The total ground floor area of all detached accessory structures
in the R-4 Use District shall not exceed 30% of the rear yard.
City of Prior Lake
May 22, 1999
11 02/p46
Zoning Ordinance
3. No accessory building shall be located within 10 feet of any lot
line abutting lots in an "R" Use District.
4. Maximum height shall not exceed fifteen (15) feet as measured
from the mean grade level at the front face of the accessory
structure to the top of the parapet or rooftop equipment,
whichever is higher, of a flat roof; to the deck' of a mansard
roof; to the uppermost point on a round or type roof;
or the mean distance of the highest ga a pitched or hip
roof.
5. Detached accessory structures sh
rear of the principal building, a
front yard or within a side r
provided in subsections 6 a
6. No detached accessory
principal building on a
of any property line
7. On riparian lots .
accessory building de
located between the front
road providing access to
condi 'ons:
· T
fro
· The
mate
· The a
vehicles
· There sh
use of the i1dina,
The access structure must meet all other reauirements
of subsectio .700(8),
ssorv buildina must
ard reauirements
. ina must be .
struct~.
e used onlv for storaae of
incidental to residential uses,
cuoations or other nonresidential
t,ed.so that it meets all
cioal structure,
oatible in desian and
use---will ES ;:e:":T.itted-e-.'l c: lot withsb't C:F:
. . Sl st::::lI be erected or located with1n a yard other than
=ar y , s~ t~::t e det:Jched :JZ:E:CaF)' =uil~a=:igned :Jnd
c:s a ~e, :TIey be located within c: d.Ge-yafc u~b:s ;c ::e:.Jts---.a
~. No accessory building sh::1l be located betwee~ tt.e-fFsnt euikiiA9
II :::-:d the fre-.'l~ lot line, exce~ c:s IisteE1 i:1 Sb=seGtieF: K te\ew;-
No accessory =bilding erecte::! in th8--f=a:- yam-of a corner lot s~all =e
located within 2f ~-eet-ef c:ny property line a!:i;:tting a stfeet.:-
/\11 detached d::rages and other accessory struotur=s srcall ee-GG::P.I3::~i9Ie--iR
~ c:nc :r.eterials with the-----pFiRs~;:al st:"l;lcture on th= ;:arosl c:s ~
subseotis~ 11 g:;' .2200:-
e. A detached darage 10c:Jted 60 feet or Fi.9Fe-fFe-.~ the front lot lin= =--hc:1l ee-a
miffimu:r. of 10 feet from c:ny-tet line&.-
City of Prior Lake
May 22,1999
11 02/p4 7
Zoning Ordinance
f. T!qe....tetsl ground flosr srea--t:f ell :ccessory buildings shell not exceed 25%
ef-.tt:la a:-eJ betweon the p:-insi;:sl sh:cture and raa:- 1st li~s ::r.1 in the R 1,
R 2 or R 3 ~ !:):s~rists,tt :hall not exoeed e;:! s~
Sj. The height of sn eccessory building shJII not exceed 15 feet.
~
::=b'ttin~
h
...
~Jo aooessory buildin~ €..'l311 be located within 10 feet af
tero in s~R" ~s= !:)istfiGt:.
i.
j.
K.
-::c to the lot
it :r.ea~ ::Il front ::md
~ Th a
with thE :x-inl::~~al :~
r- ~ strl,;Cfg~~ms~ :)) :1orage of vehiclas ana
nt incideb~31 ~o residen~~all;:ses. There €~r311 be no home
'0<. . ~ti=ll;:se of the =u:l~
.m:J&t meet c:1l----etRu :-equiremEn~s af
City of Prior Lake
May 22, 1999
11 02/p48
Zoning Ordinance
1102.1200: "C-3i" Business Park Use District. It is the intent of this Section to
promote high standards of design and construction for business park uses in the
City. These standards are set forth in order to enhance the visual appearance of
each "C-5" Business Park Use District within the City, to preserve the taxable
value of property and to promote the public health, safety and welfare.
1102.1201 Permitted Uses. The following uses are permitted in the"
Use District:
~ Offices
~ Manufacturing/Processing
~ Warehouse/Storage
~ Business Services
~ Blueprint, Photl::s~,at and Printin!; Sh9pSPrin .
~ Research and Testing Laboratories
~ Hotels/Motels
1102.1202 Uses Permitted With Conditions
Park Use District may be used f
conditions stated in subsection 1102.1
subsection 1102.1207, and with the condition
in the "C-3" Bu~iness
'{ it complies with the
the Design Standards in
d in the subsection.
(1) Wholesale Use. Conditi
a.
b.
(2)
o a road y identified in the Comprehensive Plan as a
I be otherwise located so that access can be
Ing significant traffic on local residential streets.
v' . ility shall be provided from the driveway to the adjacent
ency vehicles and a traffic light may €.I;cll be installed at the
trance t e facility to control non-emergency traffic if recommended by
City E gineer.
rvice Structures. Conditions:
II exterior faces of all buildings shall meet the Design Standards in
subsection 1102.12407.
All structures shall be located a minimum of 25 feet from any property
located in an "R" Use District.
c. All service drives shall be paved.
-
City of Prior Lake
11 02/p 1
Zoning Ordinance
d. A bufferyard as determined by Subsection 1107.2003 shall be installed and
maintained along all property lines abutting an "R" Use District.
1102.12403 Uses Permitted With Conditional Use Permi~. No structure or land in a "C-3a"
Business Park Use District shall be used for the following uses except by
Conditional Use Permit. These uses shall comply with the Des' Standards in
Subsection 1102.12407, the requirements of all the general s provided
in Subsection 1108.202 through 1108.204, with the specifi ndl 10 s imposed
in this Subsection, and with any other conditions th . Planning
Commission may impose that are intended to prom Ith, safety, and
welfare of the residents within the City to main teristics of a
neighborhood.
(1) Storage or Parking of Vehicles.
a.
(2) Outdoor Storage. Con."
a.
Such use occupie
principal structure
residential property
landscaping and scree
:t
he floor area of the
screen~9 rom view of adjacent
ccordance with the City's
nated in Section 1107.1900.
b.
djacent to an uR" Use District shall meet the
defined in Section 1102.1405; in all other
et the required parking setback.
ed kef*-within the principal structure.
d helicopter flyways shall conform to all applicable Federal
Federal Aviation Administration regulations.
helicopter pads shall be located at least 300 feet from any lot in an "R"
e District.
Hours of Operation shall be limited to 7:00 a.m. to 9:00 p.m., excluding
emergency operations.
All repair, assembly, disassembly and maintenance shall be inside a closed
building.
e. The landing pad shall be dust free.
City of Prior Lake
11 02/p2
Zoning Ordinance
f. The Use shall be permitted only as an accessory use to another principal
use and shall not occupy more than 25% of the total site area of the
development.
(5) Retail Sales or Services to the Public. Conditions:
a. Such use occupies no more than 2,000 sq. ft. of floor
structure.
(6) Gymnastic Schools. Conditions:
a. The use occupies no more than
principal structure.
b. One parking stall per 300 square f
shall be provided, whichever is
c. The use shall provide a des
physically separated from truck loadl
~a:nd. Ord. 02 11, pl:Jb. 7120/02)
(7) Auto Body/Painting
a.
b.
c.
conducted within the primary
aintained as determined by subsection
hazardous
sound generated on the site by any means including a public address
stem shall be audible from any UR" Use District.
All repair, assembly, disassembly and maintenance of vehicles must be
conducted within the primary structure.
No test driving shall be permitted on any streets in the uR" Use District.
d. No automatic car washes shall be permitted for public use.
e. No outdoor storage will be permitted.
City of Prior Lake
11 02/p3
Zoning Ordinance
f. No sales storage or display of used automobiles shall be permitted.
g. No inoperable vehicles shall be stored outside the primary structure.
h. All necessary governmental permits (Le., VOC/air emissions, hazardous
substance disposal) must be obtained and adhered to.
~emc. QrG.4e5 25, ;:~b. 12/10/05)
ts or parking struct ,,~~/ or permitt .;ii,i r conditional uses.
nclose trash hcftlgling equipment and recycling equipment if built
the standards1W" this subsection.
ers, microwav,..,CiXlP communication towers, subject to
100 through 111 . .. 00.
roducts ~plch are manufactured or assembled in the
'~c1 that such use occupies an area not to exceed
is pave phalt, concrete or other hard surface and clearly
Jdoor display space.
(9) Private Entertainment (Indoor)
a. The structure in which the use is conducte'i' s
minimum of 60 feet from any "R-1", "R-2" "R":3". Use Distri
b. A bufferyard, as determined by S
along all property located within
c. '4> area that is physically
d.
1102.12404 Accessorv Uses. The foil "
3~" Business Park Use Distrr
constructed for accessory uses allowed in the "C-3~"
Istrict are subject to the following conditions:
accessory structure shall be either constructed of the same materials
the principal structure or totally screened from public view from adjacent
ds and contiguous properties. The screening must meet all applicable
tandards of this Ordinance.
The maximum area of an accessory structure shall not exceed 15% of the
total area of the principal structure.
c. The accessory structure must be located in the rear yard of the subject site
and conform to all applicable setback requirements. However, no
accessory structure shall be located in the yard adjacent to a roadway
designated in the Comprehensive Plan as a County Road or collector street.
City of Prior Lake
11 02/p4
Zoning Ordinance
FRONT SIDE
Structure
I Structure abutting
an "R" Use District
I Parking Lot, Drive
Aisle, Ground Sign
Parking Lot abutting
an "R" Use District
30 ft.
30 ft.
20 ft.
30.ft.
;!i){Y;{:('
1045 ft.
30 ft.
10ft.
NA
1102.12407 Oesion Standards in th
riel.
1{1) BuilEting Materials.JiB
accessory strustw::s €-
etfler s;:;:lft::ele Sectiar.s
all strl;:ctures (exoept
i~h this SeGtitn sM
, 0:- :: se-T.ei:'ra~ioo-ef
-tOC~ I . . . s:s~ concrete ;:ar.eIsi-
'\Y-<'iii'{E'UV:i
r.1e~al ~F:eis-with interlooking, ooncealed or tongu: aF:d groove seJms
,".7 :-:;, if the exteri:r c:Jrface finich is \\'arrames =~t...#le
F::..:~acturer for twenty yc::rs ::gainst blistering, peeling, oracking, fl~
. . - pin~ot m9fe-thar. 5Q% of the building elevation fJces
StbSGt sr other cementiti~l;:s ooatfRgJ c:;:~ in s mc:~r.eF-5e :s to oreate
a ha:-::F:onious design with other exterior r.1ater:als-.
~~r I sues~nt s9GitiGP.s a~d exterisr site rations
. built after the cons~rl;:ction of the princi~sl structure(s) shsll be-:f th: :Sr.1e
material: as ~~ose uses ir. tRe p:-i~si;:c:1 ct:-ustw:: ::F:El shc:1I =e designed to
OOAfer::F: tc t~e-Gfigin=1 a rst:Htestb:-e I SGAGel3t :nd general a;JpeJranc3. T~is
provisisn sha!1 oot ;:reve~t t~z u;:grading of the quality sf ::F:3ter~a~s used in a
remodeling or e~p~ns{on projeot.
City of Prior Lake
11 02/p5
~d)
Zoning Ordinance
~t~er Struotures. Accessory structures (except acoessory strl;:ctures screened
fFe::F: vie..... in aooordance wi~h ~his soctier. and oth=:- ::ppH~::~le Seoti=ne: af..-.tffis
GFElin::nS3), screen walls, exposed arE::€ of retaining 'wVJlle, sif:j:1c supporting
structure: an9-etJ::\.s:- ::re:Js of exposed permanEn~ mateRam c~ell !)e of a sir.1ilar
type, quality and appearano: ::s t~e--pfiA.s:;:::1 s1ruoturc. T~,k) ~:-~('Jsi:n st::all :let
pre'/en~ ~h: u~grading of tha-~l:Jelity-Gf ms~eri:Jls used i d~"!lf&Q)odeling or
expansion project. ..
{ 1)
Pa,..ing and Curbing. .'\11 ;:srkfRg erE~S ar.a--afiv~;;;"
concretE., ~ssktep--:)) s sirnilsr sb:-OOIe ~ero &:Jrt:......:c..ooo.
::t all ~arkfAg-afEa: and drives shall be csns~rl;:cted~l~{th ;:
1-.'
~r _In~
(5)
~e?ding and Servioe Are::s.
scree neE from eye level view sf
8*GE;:t st drive'Nay aCCESS J:9iRtc.
hJndlina rnst€rial€ ~oog~t t
buildings whioh do not f:JCE an~
{e) Equipment Soreening.
minimi=es l;:sin~sf ~h
equipment shell =8
1 m:t =eove the top of
:-el featbfes 9f----tAe
the-FOOf-a:- t~e fJcing ma~eRal
ssh hsndling efil;:i~ment =nd reoycling
. . - el strl;:cture, or within en e:oessory
o' .::teFials a: ~~E ;:rinti;:~1 s~r~cture whic~ is
::-5 =r:s = root
.=11 I;;e of :J downtest, cut off type, oonoe::lir.g-tAe
f)'eventing gl:Jre frsm s;:imRg in~s resf€lenti::1 sreas,.
Ea:uree in foot oandl€: 5 feet off the ground or floor
h~ I~s shall be met:
line of adjaoEn~ residenH=1 ;x9pefty
n ~srking srea5
CO'leres ;:arking f:Jcilities/night (miniml;:m):.
. GeRsral J:arking/pedettr~an
areas
. Ram;:€ and corners
. =ntre:1se: a~~
. S1airwells
I Coveres ;:srking facilities/day (miniml;:m17
. GeRual p;Jrking!pedE:tr~2n
City of Prior Lake
0.5 foot oandles
1. 0 foot candles
5 foot cJndle
5 foot candle
5 foot candle
20 foot candle
--.J
11 02/p6
Zoning Ordinance
afea
. Rsmp: and corners
. =n~:-::RGeS and-EOOts
. StsifweHs
5 f-oot candle
10 foot candle
50 foot oandle
20 foot candle
~~n Signage.
3.
h
s-.
, sh::1I =3 allowed three directian::l sigAS-ef
r. c::-s:: ::r.d no taller 1~::~ 1 ~-eet a=avE nE:~l:Jr:1l
- ;:Iaced nesr a driveway and sl=:::1I be setback 5
the-stFeet n '-. The purpose of a directicnal :ig:1 i: t9
sn~, offioe locatisns, cmd other inf-ormation
.. ::ss ;":l;:::F:l3er: :-:0 taller th~n 1 ~ iF:sAE: hiSJI=: :":9Hess
~ 1 iRGR:c a:-e required on eJsh &uilding for identiflcJti~1 ;:blrposes.
:nl;:mEnt Sign: GAe-Gtr.l:-:::on ground monument sign shsll 3e
t c:t eae~ :Tlc:jaf-antrance into the Business Park fCi the sole purpose
of identifying the BusinECS rar~ anal::x- lis{ing the businesses therein. SlJGI::\
sign: r.::ay be no higher thsn 19-feet a=ave r.::tblral gradE and no more than
120 sqUJre feE~ in srea-wi~!l :: ma){i:T1um of tvo side:;. Sllsh sign s~:1I r.at
be looated within ~ 20 foot clEar '.~' ~r~angle on corner lots an€! shalll3e-set
ba€k s rr.iniml;:m of 10 feet f-r~'l: t~: ~roperty line, e:- :-ight of way line,
whichever is ~e:-. Seteat.K r.lE~:..:rement will 13e-E:tet:rrnineG-ffsm t~e
Glesest ;:c:Ft cl t!le sign to the property or right of way line.
City of Prior Lake
1102/p7
Zoning Ordinance
(1~) Noxious Matter. The emission of noxious matter shall be controlled so that no
such emission crosses the lot line of the property from which it originates.
Noxious matter shall mean any solid, liquid or gaseous material, including but not
limited to gases, vapors, odor, dusts, fumes, mists or combinations thereof, the
emission of which is detrimental to or endangers the public health, safety,
comfort or general welfare, or causes damage to property. T owner of the
property and/or the manager of the business that generates n atter shall
comply with a MPCA (Minnesota Pollution Control Agen gular inspection
schedule as approved by the City and shall submit repo ch inspections to
the City.
(2~) Restricted Operations. Y€as WAfth sr
vi~s~i~." ~l:JS~, si~, smoke, odsr, nEOOsl;:::
f)err.1ir.ee. Noise, odors, smoke and p~/'
Minnesota Pollution Control Agency st ;iBards.
reflected, such as from spotlights high t~rnperature process
differentiated from general illuminatig I not be vi .
the property from which it originates.
Standards. The
ov~.rn uses permitted
1102.1300: Commercial Restrictions And Perfo
following Restrictions a rformance Standard
by any "C" Commercial
(1) All business activities inclu
merchandise display, repai
parking and off-street loading,
shall be . ically permitted
to sales(irentals, service, storage,
/ipt for off-street vehicular
in a Commercial Use District
dinance.
(2)
in the Commercial Use Districts except when
. rdinance.
nt on a public way or an interior arcade.
servic entrances to a building in the "C-1" Use District shall be from
ley, service-alley, off-street parking lot, or all deliveries shall be made
rb.
, garbage, waste materials, trash containers and recycling containers
meet the parking setback and shall be kept in the manner required by the
GOOeOrdinance.
There shall be no vehicular access within 50 feet of the intersection of the
projection of the nearest curb lines of any public streets to a parcel on which a
commercial use is operated.
City of Prior Lake
11 02/p8
Zoning Ordinance
(8) No storage, display or parking of vehicles shall be allowed in any of the required
yards or landscaped areas.
(9) New structures and structures which expand the gross square footage of the
structure by more than 50% shall be required to place all utility service lines
underground. Any new service to an existing building s II be placed
underground.
(10) Access for all commercial uses shall be from a ro~~~~~ identified in the
Comprehensive Plan as a collector or arterial or othe~i~~~I';' d so that access
can be provided without generating significant traffic ""local ntial streets.
(11) Unless otherwise noted in this Ordinance, all
minimum setback of 60 feet from any side
District.
1102.14&00:"1-1" General Industrial Use s
District is intended to provide areas of th
industrial uses which, due to their size and n
3a" Business Park Use District.
1102.14a01 Permitted Uses. The fo
Use District if the use co
subsection 1102.1500.
Jf' General Industrial
mance Standards of
Manufacturing/Pro
search and Testin
With Ions. A structure or land in the "1-1" General
trict may be used for one or more of the following uses if the
e ..1!J9ustrial Performance Standards of subsection 1105.1600
I5ns in this Subsection.
Engine and Bicycle Repair. Conditions:
tside operating or testing of engines shall be prohibited within 300 feet of
y "R" Use District.
ody/Painting. Conditions:
Inoperable vehicles shall be stored in apf*'=;:x-dety-designated aAG
screened storage areas.
b. The facility shall be located a minimum of 300 feet from any parcel in an "R"
Use District.
City of Prior Lake
11 02/p9
Zoning Ordinance
c. No sales storage or display of used automobiles shall be permitted.
d. A bufferyard as determined by subsection 1107.2003 shall be installed and
maintained adjacent to any public right-of-way.
(3) Motor Vehicle Service and Repair. Conditions:
a. No sound generated on the site by any means inclu
system shall be audible from any "R" Use District.
b. All repair, assembly, disassembly, and maig~~ a
inside a closed building except tire inflation, cn@:Qging wip
c. No test driving shall be permitted on a
d. No access shall be permitted on
e. No building shall be located
f.
-
::/.
h.
. s..'lall -bE ::;:;:ro'Jed by the City.
. t€al ar=:d sludge removal
e:I :eatement on
l::~ :'~l;:I::~ion of surface water, w3d: water, or
L
1107.20~2 s~c:lI be installod
SWFaga :r.all be enolosed by :: solid 'NJII or fenoe not I::€€ ~I=:::r. 6 feet high.
This 'IJJII or fenoa sball be soreened f-ra:r. ::11 a=l;:ttir=:g j:b=IlC right of '''.lays
aRE! fr~'1l sny ;:r9peft)' in :~ "R" USE !:)ist:-ist--with s Ebffefyar~, :s
determined by subseotisn 11 07.2003.
!:).. Ste;::ge s~a-!I :-:ot be permitted within a~y required yards 0:- e:.,;fferyards.
City of Prior Lake
1102/pl0
Zoning Ordinance
e. Sta:-:ge Jre3S :..1sl1 =e-sep3r~~eEl-fFsm the--veRitulsr ;:::Fkffig anEl-Gif:l;:la~i9A
aFeSS-. This sEr;:::~a~:e-..~ st::all =e clearly delineated by a ;:h~!Si~al :sparation
S\;jG~ as ::: greenway, Gb:-=, feAGe-0) line of planters.
a.
g1eFes r.1aterds sh:::1I Poot interfere ...:it~ either en €.
viGi~~i~~t,-
~rsffiG
€. l~aperJtive vehicles or equipme~t
junkY3rd ar s:::I\.'3ge Y3rd shall not be stored :
permitted '.'lith oonditions unde:- tt::i: Section.
f. AU-aFEas ::!:ed for storage s~all e
1102.14a03 Uses Permitted With Conditional Use R it Conditional Uses. N
or land in the "1-1" General Industrial U District sh~1I be used for the f
uses except by Conditional Use ~~ These u'~~~ shall comply
requirements of all the general con I I rovi~.~~m;:irr;:;:,;:;:~ubsections 11 .202
through 1108.204, with the Industrial P >ce Standards in subsection
1105.1600, with the specific conditions impos is subsection, and with any
other conditions the City Council Planning Co ion may impose that are
intended to promote th alth, safety, and welf the residents within the
City to maintain the char of a neighborhoo
(1) Public Service Structures
a. Outdoor storage area
pr rty located in an "
y subsection 1107.2003, shall be required for
to an "R" Use District.
minimum of 1 0 feet from any property line.
shall be located within 25 feet of any property line.
structure shall be located within 200 feet of an "R" Use District.
bufferyard, as defined in subsection 1107.2005, shall be installed along all
public right-of-ways.
nimal Handling. Conditions:
a. No animals or pens shall be kept outside the building or cause offensive
odor or noise discernible at the property line of the lot on which the activity is
conducted.
City of Prior Lake
11 02/p 11
Zoning Ordinance
b. Where animals are boarded, the facility shall be located a minimum of 100
feet from abutting properties in an "R" Use District.
(4) Airport. Conditions:
a. All flyways shall conform to all applicable Federal Aviatio
regulations.
b. Hours of operation shall
emergency operations.
c. The runways and/or landing areas shall not
parcel in an "R" Use District.
d. The runways and/or landing areas
(5) Heliport. Conditions:
a. All heliports and helicopter flyways
Aviation Administration regulations.
b.
c.
Hours of operation
emergency operation
to 9:00 pm, excluding
d.
hin 300 feet of any parcel in an
cling Facility. Conditions:
ch facjl les must meet Minnesota Pollution Control Agency (MPCA)
uirements or other applicable Federal, State or County requirements for
ycling facilities.
he facility shall not abut a property that is currently used residentially or
zoned for residential use, or designated in the Comprehensive Plan for
residential use.
The facility must meet the requirements for screening and landscaping
contained in subsection 1107.1900, and the requirements for off-street
parking contained in subsection 1107.200.
City of Prior Lake
11 02/p 12
Zoning Ordinance
d. Storage of recyclable materials outside a principal building or enclosed
containers is not permitted. Outdoor storage of containers for recyclable
materials is subject to the screening requirements of subsection 1107.1900.
e. If the facility is located within 500 feet of property used or zoned for
residential use, or designated in the Comprehensive PI for residential
use, hours of operation shall be restricted to 9:00 am to 7'
f. A bufferyard, as determined by subsection
adjacent to any "R" or "C" Use District.
(7) Designated Recycling Center. Conditions:
a.
b. The facility shall not abut a "pro
designated in the Comprehensive P
c. creening and landscaping
guirements for off-street
d.
Storage of recycla
containers is not per
materials is subject to t
pringi al building or enclosed
f containers for recyclable
nts of Subsection 1107.1900.
e.
in 500 feet of property used or zoned for
in the Comprehensive Plan for residential
r tricted to 9:00 am to 7:00 pm.
1107.2003, shall be installed
Oe screened with fencing, landscaping, berming or some
mbinati ereof from all property lines and abutting public rights-of-way.
uffer YiJ d shall be required when the outdoor storage abuts any property
n "R" Use District pursuant to Subsection 1107.2003.
orage shall not be permitted within any required yards or buffer yards.
Storage areas shall RGt--be separated from the vehicular parking and
circulation areas. This separation shall be clearly delineated by a physical
separation such as greenway, curb, fence or line of planters.
d. Stored materials shall not interfere with either on-site or off-site traffic
visibility.
-
City of Prior Lake
1102/p13
Zoning Ordinance
e. Inoperative vehicles or equipment or other items typically stored in a
junkyard or salvage yard shall not be stored on land on which storage is
permitted with conditions under this Section.
f. All areas used for storage shall be paved.
g. 1\11 outdoor storagE m~:~ r.1eet b:Jilding s-:tl:a
dimensiGnal :~::ndards.g. All outdoor storage ar
Use District shall meet the required building setba
1102.1405; in all other instances outdoor stor
parking setback.
~ Ord IImd. 03 15, ckJtod 11/03/03)
(9) Recreational Dome. Conditions:
a. The dome must be accessory to a
Zoning District.
b.
c. A bufferyard, Type
and maintained along
d. . to 10 p.m. on weekdays and 5
a minimum of 60 feet from any adjacent lot
, and the setback shall be increased by an
ot in height that the structure exceeds 60 feet.
rat.ipn originating from the structure or supporting equipment
'ble at the property line.
::! :a feEt in heigRt,-
structure shall be of a color that provides for maximum integration
thin its surroundings.
The dome structure shall be fully insulated.
Conditions:
famd. Ord. 105 Os. sut 3.~
(10)
a. Areas used for storage of equipment and materials shall be screened with
fencing, landscaping, berming or some combination thereof from all property
lines and abutting public rights-of-way. A buffer yard shall be required when
City of Prior Lake
1102/p14
Zoning Ordinance
the outdoor storage abuts any property in an uRn Use District pursuant to
Subsection 1107.2003.
b. Areas used for storage of equipment and materials shall not be permitted
within any required yards or buffer yards.
c. Areas used for storage of equipment and materials shal
the vehicular parking and circulation areas. This sep
delineated by a physical separation such as green
planters.
d. Stored materials
visibility.
e. Inoperative vehicles or equipme
junkyard or salvage yard shall
permitted with conditions und
f. All areas used for storage and parki
g.
g.
/\11 E: bltGGe:-
a: Defined iF: the
tion Facility. Conditions:
a.
ithin any required yards or buffer yards.
system shall be audible from any property located within
inaoe d surfacino olans shall be aooroved bv the Citv Enoineer. The.
ns shall describe the wash water disoosal and sludoe removal facilities.
on-oremise dust. salt and other chemical and mud abatement. Drainaoe
st be desioned to orevent the accumulation of surface water. wash water
r sludoe on the site or in the vicinitv of the oremises.
All oarkino and caved areas meet the drainaoe. desion and landscaoinq
.orovisions of Subsection 1107.200.
d. Th~ ingn~~~ or eor,=~~ points for an accessorv car wash shall be aooroved
bv the City Enoineer. The exit door from the car wash shall be at least 45
feet from the oublic rioht-of-wav. Drainaoe shall be awav from the oublic
street at eoress ooints of the car wash to orevent soillaoe onto the street
The orades of the interior floor shall be slooed awav from the exit door. and
City of Prior Lake
1102/p15
Zoning Ordinance
slooed to an acceoted interior drainaae svstem. No water which is used in
the ooeration of the car wash shall be allowed on any oublic riaht-of-wav.
e. An automatic car wash accessorv to a motor fuel station or motor vehicle
service and reoair facilitv shall orovide stackina soace for at least four cars.
Cars located in these stackina soaces should not block in. ss and earess
drivewavs on the site or driveways orovidina access line oumos.
service bavs or reauired off-street oarkina. exceot th hicles in stackinq
soaces mav block access to oarkina stalls which ianed for emolovee
parkina onlv.
f. Hours of ooeration shall be limited to 6:00am
doors to the facilitv remain clo~~c;l ~! ~II
(13) Adult Uses. (Conditions listed in Section
1102.14a04 Accessorv Uses. The following uses sh
"1-1" General Industrial Use District.
(1 )
(2) Retail sales limited
development.
of the
(3) Domes
(4)
r' for the tenants of the development.
Yo of the gross floor area of the development.
for no more than 10 persons.
nd mai i0?/ ance of motor vehicles and equipment incidental to the
f the principal use, subject to the following conditions:
repairs and maintenance shall be conducted indoors unless the vehicle
equipment is too large to be moved indoors or if the vehicle or equipment
annot practically be moved indoors or if the repair is of an emergency
nature.
No outside repair or maintenance shall be conducted within 100 feet of an
"R" Use District.
1102.15405 Dimensional Standards
City of Prior Lake
1102/p16
Zoning Ordinance
(1) The following minimum requirements and those additional requirements found in
Section 1102.1 J500 shall govern the use and development of lots in the" 1-1" Use
District.
Minimum
Lot Area
Minimum
Lot Width
(ft.)
Maximum
Height
Maximum
Floor
Area
Ratio
1.0
Front
Yard (ft.)
Side Yard
(ft.)
Rear
Yard (ft.)
Parking
Setback
(ft.)
1 Acre
200
45'or4
stories,
whichever
is greater
50
20
10
(2) Lots Adjacent to Residential Use Districts:
developments on lots adjacent to Reside
Building Setback Adjacent to "R" Use District
60 feet
1102.16500:lndustrial Performance Standards. No
"I" Use District or within "-53" Business Park
or more of the followi nless its use c
regulations:
(1) Except for off-street vehic
permitted in other Sections
mercha display, repair,
whol nclosed struct
oading, or as specifically
business, service, storage,
processing shall be conducted
r subsections of this Ordinance, outdoor
I Use District and the "1-1" Use District.
n,' oyed in production of goods shall conform to the
Vibra 1 v' ration discernible beyond the property line to the human
ense of~,<, or 5 minutes or more duration (cumulative) in any 1 hour or
'k'X.'.iWi:<
any vigfation producing a particle velocity of more than .035 inches per
ond are prohibited. For properties abutting an "R" Use District, no
ration producing a particle acceleration velocity of more than .035 inches
r second at the property line are permitted between the hours of 7:00 p.m.
nd 7:00 a.m.
Glare and Heat. Any operation producing intense glare or heat shall be
performed within an enclosure so as not to be perceptible at the property
line.
c. Industrial Waste Material. All liquid and solid waste shall be identified in all
processes and operations and approved disposal methods identified. All
waste discharged to the sanitary sewer shall meet the requirements of the
City and the Rules and Regulations of the Metropolitan Waste Control
City of Prior Lake
1102/p17
Zoning Ordinance
Commission. All proposed discharges to the storm sewer shall be
identified. No waste will be permitted to be discharged into the storm sewer
system, provided, that this does not exclude storm drainage, cooling water,
and other water not prohibited by any law, rule, regulation, or ordinance.
Storm drainage shall meet the requirements of all state laws, rules,
regulations, watershed district requirements, and City requ' ments as may
be amended from time to time. Storm water drainage", I:;pe protected
clf#i,""."
from undue pollution and contaminants. All solid wa e"Fmust De identified
and handled in compliance with federal, state, a I requirements as
may be amended from time to time.
(4) The manufacture of a product w
dioxin is prohibited'NiI! not be permitted.
d. Noise. Noise levels inside and outside of a
state and local requirements as may be d
e. Air Pollution. All emissions shall m
as may be amended from time t
~tonation or proauces
(5)
and recycling containers
ired by City Ordinances
(6) There shall be no access t
of the nearest curb of any,ublic
adherence to this standard will]:tau~e
is within feet of the intersection
an be demonstrated that
to the property owner.
(7)
lay or parkingd~lii~ehicles shall e permitted in any required yard
s.
nes including el~ltrrg, gas, water, sanitary sewer, telephone,
laced unde'Pound at the owner's expense for all new
expand the gross square footage by more than
which any new service is provided to an existing
fr~l uses shall be from a roadway identified in the
as a collector or arterial or shall be otherwise located so
e provided without generating significant traffic on local
dustrial uses are located on sites which abut "R" Use Districts, all
activit including trucking are limited to normal hours of operation except for
Sli",' specifically excluded. Normal hours of operation are defined as being
een the hours of 6:00 a.m. and 10:00 p.m. Monday through Saturday
elusive and includes all manufacturing, processing, loading, unloading, truck
maneuvering and movement of equipment and other materials. It does not
include administrative or office functions or maintenance or clean-up work
conducted entirely within a structure.
Operations may be conducted between the hours of 10:00 p.m. and 6:00 a.m.,
subject to the following conditions:
City of Prior Lake
1102/p18
Zoning Ordinance
(11) Temporary Permit for Extended Hours of Operation.
a. A business may apply for a temporary permit to conduct+A€ J:=f5GA
conducting operations outside of normal business R€::lrs shall e;:~}4Sr s
tempor:lrY permit for h~l;:rc of operation (between 10:00 p. nd 6:00 a.m.).
The application for such permit shall specify the name ress of the
applicant, the location of the temporary operation, th ure of he activity,
the anticipated duration of such activity and th e and telephone
number of the responsible person availabl premises while
temporary operations are being conducted.
A permit issued
this Ordinance or
ant to this section shal
of the permit by the
'I<
'H!6ihas had 2 violatio
hin a period of one
b. A temporary permit may be granted for"i~p~rio G1,flot to exc
person receiving a temporary permit rn~}tiapply for extensions,
the number of days in which tempo '" permits are granted shall
90 days in any calendar year.
c.
A permit shall not be issued a
temporary permit and/or this Or
preceding the date of application.
d.
voked upon a violation of
. older.
e.
No permit shall be is
Monday.
om 10:00p:m. Saturday to 6:00 a.m.
f.
any type, including trucking, shall be prohibited.
usinessshall apply for a temporary permit at least 1 business day before
after-hour activity is to commence. The City shJII Jst upm the
trc:ry-permit wittlkl 1 ~usiness day of reoeiving the request.
oor public address systems shall be permitted.
ess otherwise noted in this Ordinance, all industrial uses shall maintain a
inimum setback of 60 feet from any side or rear lot line abutting an UR" Use
District.
(/l.md. Ord. 99 06; pl:Jb. 5122/99)
City of Prior Lake
1102/p19
1102.WOO800: "Te" Spccialt}. BusincssTown Center Use District. The
purpose of the "TC" Speoialty Business Town Center Use District is intended to
provide for a variety of commercial and residential uses within the framework of a
traditional downtown area. The district also contemplates and provides for
pedestrian circulation, urban and civic design and the creative reuse of existing
buildings.
The TC Speoialty B:..:€iF:e&S- Town Center District is designe
commitment to maintain and enhance the vitality of
establishing minimum criteria for the developme
commercial, residential and public buildings while
to attract business, residents and visitors. Specific
~ To improve the visual quality of D
~ To reinforce the physical cha
design context.
~ To expand the employmeJjl
residents living Downtown.
~ To preserve and reuset--fe f-e
wAHeand establishiR9 standards for
~ To accommodate and promote com
cultural and mental uses within th
~ To establish cl ment and redeve
1102A-G801 Permitted Uses. The
.susinac: Town Center Us
Restrictions and Performance
(1 )
es are considered appropriate for the
BI
Boo
Cam
Clothi or shoe stores
Drugstores
Florists
Jewelry stores
News stands
Hardware stores
Liquor stores
Tobacco stores
Toy stores
Video sales and rental
Cafe or coffee shop
Printing processtsuppliesCopy Shop
Zoning Ordinance
(3) Showrooms for merchandise such as home furnishing, appliances, floor coverings
and similar large items, not including motor vehicles, with a maximum floor area of
10,000 square feet.
(4) Offices
(5) Services
(6) Libraries
(7) Police and Fire Stations
(8) Business Services
(9) Hotel/Motel
(10) Schools and Studios for arts,
similar courses of study.
(11) Museums/art galleries
(12) Clubs and lodges with and without liquor license
(13) Private Entertainment (i
1102.W802 Uses Permitted With
B:Jsip.es&- Town Center Use
uses if its use complies wit
those spe . ied for the use in t
(1 )
cture or) d in a "TC" Spes~alty
ne or more of the following
Subsection 1102.1300 and
. s arE3 €l=laU-ge
Conditions:
e use s ot exceed 5,000 square feet in area.
tside &) rage and parking of trucks involved in the operation of the
iness is limited to trucks and vans with a manufacturer's rated cargo
acity of one (1) ton or less. All trucks in operation with the business
st be stored on-site (not in public parking areas).
utside vehicle storage shall be screened from any "R" Use District by a
bufferyard, as determined by Subsection 1107.2003.
roup Day Care/Nursery School. Conditions:
a. Outside play space must be provided consistent witht-Ae the requirements
of State Statutes. aM sl;:sRThe space shall be screened with a bufferyard
Type C as defined in Subsection 1107.2005.
b. An off-street pedestrian loading area shall be provided in order to maintain
vehicular and pedestrian safety.
(new 2009 date)
City of Prior Lake
Zoning Ordinance
c. Outdoor play areas shall be located a minimum of 200 feet from any
roadway designated to the Comprehensive Plan as a principal arterial.
d. The facility shall not be located fronting Main Avenue, Dakota Street or
County Road 21 .
(4) Park/Open Space. Conditions:
a. The principal structure shall be located a minimum of 50
"R" Use District.
b. Open areas designated for group activities shall be
feet from a lot in an "R" Use District.
c. The entire site other than that taken up by str
or other landscaped areas shall be surface
and drainage.
(5) Public Service Structures.
a. All exterior building faces shal
b. All structures shall be loca
property located in an "R" Use Distri
c. All service drives shall be paved.
(6) Multiple Family Dwelli
a.
Multiple family dw
Dakota Street mus
specified in Section
located on the groun
ke 'ng with the objecti
ommercial stre
equate pedes
ust be provide
on Main Avenue or
her permitted use, as
~aential units shall not be
the development. This is in
mercial pedestrian traffic on the
access to open space, plazas and pedestrian
ng d placement must sAaU-provide a residential
nt with limited minimum exposure to noise and traffic.
ale pedestrian access to open space, plazas and pedestrian
'e provided.
must be located so that access can be provided without
erating ignificant traffic on local residential streets.
site sRaU-must contain a minimum of 200 square feet of usable open
ce per dwelling unit, Jnd ne ;:r.aFe-th:~ half of the u:aEle open space
in t~e--fFsnt yaFEl. Alternatively, public parks or plazas within
00 feet of the site may be used to meet this requirement.
A minimum of 25% of the usable open space provided on the site shall be
developed as outdoor recreation or garden areas.
Each dwelling unit must be a minimum of 900 square feet of lot area.
The minimum spacing between buildings shall be at least equal to the
average heights of the buildings except where dwellings share common
walls.
h. Buildings shall be located a minimum of 15 feet from the back of the curb
line of internal private roadways or parking lots.
(new 2009 date)
City of Prior Lake
Zoning Ordinance
I. Covenants running with the land in c farm sp;:ro'led by the City ,A.ttorney
that restrict the use of the property for occupancy by the elderly shall be
recorded against the property.
j. The development shall provide a lounge or other inside community rooms
amounting to a minimum of 15 square feet Gf-for each unit.
(8) Community Centers. Conditions:
a. An off-street passenger loading area shall be provid
vehicular and pedestrian safety.
b. Outdoor areas intended for group activities shal
from any lot in a "R" Use District and shall be
lot with a bufferyard Type C as defined in Su
(9) Bed and Breakfast Establishments. Condi'
a. The required parking shall be
Section 1107.2000.
b. The total number of guests s
c. Not more than 50% of the gross f100
the guest room operation.
d. The only exterior alterations, which will
alter the exteri earance from its s
::1l1owed.
e.
Accommodations m
consecutive days.
Food service shall be II
Re ed rooms shall not
sed for sleepin
ot have been c
II not be locate
ay be paved or
f.
g.
h.
hall not include any drive-through or drive-up windows or facilities.
Iftlbination with retail or office use. Conditions:
e use II be limited to 50% of the floor area of the structure.
al floor area of the structure shall not exceed 10,000 square feet.
nts With and Without Liquor Licenses. Conditions:
Access shall be located so as to minimize ::1yoid gen€ra~ing signifit=r.t ~r::ffiG
on local residential streets.
Drive-through, drive-in and outdoor pick-up facilities are not permitted.
(13) Parking Lots and Parking Ramps. Conditions:
a. Location: If off-street parking is provided within the "TC" District either in a
parking lot or parking ramp, it shall be located to the side or rear of the
principal building, not between the building and the right-of-way.
City of Prior Lake
(new 2009 date)
Zoning Ordinance
b. Screening: Parking lots or ramps adjoining the sidewalk or a walkway shall
be separated by a landscaped yard at least 4 feet wide, containing a
decorative fence or wall between 2~ and 3 feet in height. One canopy tree
shall be provided for each 25 linear feet of parking lot frontage on a public
street or accessway.
c. Landscaping: The corners of parking lots or ramps and al
used for parking or vehicular circulation shall be landsc
native grasses or other perennial flowering plants, vi
Such spaces may include architectural features su
bicycle parking.
The interior of parking lots containing 20
landscaped areas equal to at least 1
including a minimum of one deciduo
Lawns or landscaped areas within
may be counted toward the requ'
all contain
lot area,
aces.
I t
d. Parking lot design must be
Lake Downtown Building Design Gu
1102.40803 Uses Permitted By Conditional Use Permit.
Town Center Use Distri all be used for the foil
Conditional Use Permit. es shall comply wi
the General Conditions pr sections 1108.
with the specific conditions
conditions the Git)t-G:b\-,dlP
to promote the health, safety,
maintain t characteristics of
(1 )
ce adoption date -2009), the date of this
anded only on the existing parcel, or on a
art of a campus plan.
nstruction must be consistent with the design standards of the
Use District, as contained in Sections 1102.806 through
Ordinance.
Uses in Combination. In keeping with the purpose of the "TC"
. ESS Town Center Use District, combinations of the following uses
single parcel and/or within a single building are encouraged.
~ Multiple-family dwellings
~ Retail
~ Offices
~ Services
~ Studios
~ Coffee Shops or restaurants
~ Parking lots and Parking ramps
(new 2009 date)
City of Prior Lake
Zoning Ordinance
1102.111102.40805 Accessorv Uses. The following uses &Rail baare permitted
accessory uses in a "TC" Speoi31ty Business Town Center Use District:
(1) Parking Lots, iF: Gompli3noe '.\'it~ the DesigF: €t:::1d3rds of Seotian 11 O~-.1 ~
(1) Incidental Repair or Processing which is necessary to conduct a permitted
principal use, provided t~::~ it sr.:lland that does not exceed 25% the gross floor
area.
(2) Outdoor Seating and Service of Food and Beverag
permitted as ::~ a~cessory use ts :: :-esta'.Jren~ if:
~ The use is separated from any adjacent
wall or fence. This provision will not a
located in an upper story above a re
~ No speakers or other electronic d
outside of the principal structur
residential district.
~ Hours of operation shall b
feet of a Residential Distrl
~ Additional parking will not be re
not exceed 50 square feet or 1
restaurant, whichever is less. Parkin
as the princi se for that portion of 0
500 square fe 0 of the gross buildin
(3) Outdoor Seating and Serv
an accessory use if:
~ All the requireme
met.
erages is permitted as
1102.49804(2) above are
utdoor area shall be through the indoor seating
irect access to the outdoor seating area from
rea shall be provided during all hours of
In the outdoor area, except a service bar for the
mployees.
extending over the public right-of-way may be permitted subject
"'Use of Public Property Aagreement in a form authorized
y Attorney, and the provisions of Subsection 1107.801.
(5) ales arefs permitted as an accessory use with the following conditions:
The items displayed must be related to the principal use.
The area allowed for outdoor sales is limited to 30% of the gross floor
area Gf-used for the display and sale of merchandise, or goods in the
principal use.
~ The area must be landscaped and fenced or screened with a Bufferyard
Type D from '1ie'# of any neighboring residential uses or abutting any UR"
district.
~A-aeearc:ti'.(e fence or 'Nail :: ::F:b::rn:Im-Gf 2 feet i~ ~ei9ht shall =e 10cJted
betv:een the salas a:-e:: aoc ::ny pl::l3lis szeet or pedestri3n W3Y.
~ All lighting must be hooded and positioned so directed th::t the light
source shell-is not be-visible from the public right-of-way or from
neighboring residential properties and is compliant with subsection
Subsection 1107.1800.
City of Prior Lake
(new 2009 date)
Zoning Ordinance
~ Areas where outdoor sales occur must be hard-surfaced with asphalt,
concrete, or decorative concrete.
(6) (amd. Ord 106 05, p:Jb. 3/6/06) Drive-thru windows and Drive-in lanes are
permitted as an accessory use subject to approval of a conditional use permit,
processed according to the provisions of Section 1108.200 of the Zoning
Ordinance, and with the following conditions:
~ A maximum of 4 drive-thru lanes are allowed.
~ The drive-thru windows or drive-in lanes are n
"build-to" line or in front of any building. The
side or the rear of the building.
~ No part of the street or boulevard m
automobiles.
1102.111102.W806 Dimensional Standards.
tAe- The following dimensional stand
District.
Side Yard
is located within
M
0.5
AI ng Main Avenue a build-to line is
tablished a distance of 5 feet from the
inner edge of the street right-of-way (in
most cases, this is the inner edge of the
sidewalk). At least 70% of the building
fal;ade that fronts Main Avenue must be
built out to this line.
! 213 feet-sr t~.reE S~9FiE€, whiohever iG
! {Jfeater. Sb8jeSt ~s s;;I*G\'e:1 sf a
i conditb'1e:1 use perrni~, ~l=lE height of J
! structure sr s~g r.1S~t..bE increJsed to
! 45 f-eet or 1 :~oriesJ whichever i: greater. :
mmm[??f~~tJ~mg:gfl:t19~~1L~!;:~a'~m
, 25 feet or two stories
General Provisions for Oesion Standards and Review in the "TC".
Sse~:":,,I--=. Business Town Center District
(1) Purpose. The purpose of this Subsection is to provide guidance and direction in
the development and redevelopment of the DO'.vntown EusiRscc si€.tris~ in a
maAAU t~at :-einforcesTown Center District. The Town Center District is the
center for the role of Downtown as the community focus of government, culture
and social interaction. The guidelines below were developed to:
City of Prior Lake
(new 2009 date)
Zoning Ordinance
~ Ensure that new development complements the established character
of the Downtown's neighborhood
~ Enhance the traditional downtown/"main street" character
} Improve the predictability of the review and approval process for
residents, developers and staff
~ Set standards for development and redevelopment th enhances and
that maintains a traditional small downtown charact
~ Introduce sustainable and "green" building
guidelines and criteria.
This subsectiar. is
f8G~r.1mend:Jtions c~ntaines in
StrootsO:JfJO dJted ,A,ugl;:st ~.gg1,
~ :ana
(2)
The design standards shal
developed or altered. That I
standards at pertain to buildi
with for parking a
De Natural Reso
as to which st
ng or site elements being
ng shall comply with those
to a parking area shall comply
, but not for buildings. The Community
s Director Planning !:)ireGtef-will make the
r are applicable.
to achieve e same design objective. The Community
rces Director P~a~'1iRg !;)ireGtGF-may permit
its determination, meet the objective(s) of the
J in the "TC" Soeciall\.' BusinessTown Center Use
n for Design Review. An application for Design Review shall be on a
ded by the City, and shall include the following information, in addition
rmation required for site plan review under subsection 1108.903.
Elevations. Complete exterior elevations of all proposed buildings and
existing buildings if they are joined to new development. Elevations
should be drawn at an appropriate scale (usually %"= 1') and should
show (a) all signs to be mounted on the building(s) or erected on the
site; and (b) GesfSl~c:tions of materials and colors to be used on all
exterior facades.
~ Materials Samole. Material samples shall be presented, including color
and material type for walls and roof.
~ Color Samoles. Samples of all principal and secondary colors to be
used.
City of Prior Lake
(new 2009 date)
Zoning Ordinance
~Context. Photographs of surrounding buildings on the same block or
street, to address issues of context.
~ that show the proposed building or renovations in context.
(2) Administration and Review Procedures. The following design standards shall
supplement the standards and process outlined in Section 1108.900, Site Plan
Review. After receipt of a complete application, the Planning ~=;:::Ft::r.eAt
Community Development & Natural Resources Departmen will refer the
application to City Departments and to other parties havin iction. The
Community Development & Natural Resources Department
will then review the proposed development for complian
this Subsection and other applicable ordinances. Wit .
complete application, the Planning Staff will take a
application. The City may if necessary, upon app
days by an additional 60 days. If a site plan re .
will be conducted concurrently.
1102A-Q809 Desion Standards in the "TC"
(1) Prior Lake Downtown Building es
outlined in the "Prior Lake Downtown B
adopted and incorporated into this Zoning 0
Standards are established to preserve and pro
Traditional Downtown tic. All new constru
incorporate the criteria i in these guidelines.
design standards shall s "Prior Lake
Guidelines."
. During the renovation of an existing building
itions ot compatible with the style and period of the
removed to the extent feasible. OOfiRg =b1ilding renovation.
but are not limited to, wood or plastic shake mansard roofs,
~
(!awnings, window opening infills or surrounds designed to
ndow openings, modern siding materials inconsistent with
I fayaq , and light fixtures inconsistent with the building's original style
itional Downtown aestheticlake theme.
~ Masonry buildings should be cleaned as necessary to lighten
the overall color.
~ New masonry work should match the color and materials or
the original fayade.
~ Wherever practical, fayade renovations should not destroy or
cover original details on a building. Brick and stone facades
should not be covered with artificial siding or panels.
~ Original window and door openings should be maintained
wherever practical. New window and door openings should
maintain a similar horizontal and vertical relationship as the
original.
(new 2009 date)
City of Prior Lake
Zoning Ordinance
(3) General infill principles. Infill buildings should reflect the original design of
surrounding storefront buildings in scale and character. This can be achieved by
maintaining similar setbacks, buildin~ ~ei;t:t c:~El ;::-e:;:>ortions, cornice lines,
horizontal lines of windows and openings, and compatible building materials and
colors. Where such original buildings are missing or have been extensively
altered, the other design standards in the Section shall be applied.
{1) Building Faljade Width and Artieulatiar.. Buildings st::
~ir.1aF)' a}(i: ;:erpendi~l;:lar tt the ;::-i:r.c:fY-fFc~t~~
feet or ISJs i: SflGtl;:r::aed. Buildings sf mare tt.c:~
divided into s::F.::Ile:r increments (betv:een 2~ ::n
tRe f::~e:. T~ic t::n ~e aohieved through
tet,'lniqtl=:, anG-etAer€ ~hat mJY achieve the s~r.1
~FavaGe ::F.aablatie:~ ,..
portion of the fa~ade.
~VerticJI divisions l;:sin
r.1ateFia!c :h
~Givisi~n iRts st
ent:-e~se&:-
~Variati~n i~ :-eE:f lir.es
aal:I=:,
amsu~::tisn intefvah
~^rs::
=r:, €~=;:;:ed roofs,
E th3 :r.9::lula~i9R-9f
u end balconies
u::.)
,-
=~ilGffids r.::'Je s stroog
=y--\'e:-iati-tns iR
s: s~:>uld respond to
arti:~~ateG-ts;:s. T~ic c:rn:ul::~i9A
Ers, aable ends or cornice
any r.1blti story strl;:sWfS should be v:.cually
~~::>er s~9Fie5', n:i: tan 00 ::~"ievee thr~
in~S\mediate cornioe line, c: :i~g =c:~El, la:-gef
openingc, ;:;-:>jectiona, e\~e c:~o canopies,
. . r.1~terials or dctaili:1g,sr S~r.1i~3r ~echniques.
. . , r.1st3:-ials, colors and tS}~Jjre&-eR
sf s sl;:ilGffig's fJpde should be dra'...-n frsm s
S>'llr.1S>'1 ;:alette, and should be ',iG~ally-GGmjS::~i8le with each
e#\ef;-
. . as should be designed to convey In
'ah~ ~hrou~h t~e use of pitched roofs with dormers 9f
€~reet,sr the use of an intermediate cornice line to sE;:arate--tAe
sr snS--tRE l;:;:;:er level.
Entrar1(~es. The: msir. sntraRG= shook:! slwaj's fase--tRe ;x-irr-:aF)L.Stfeet, \YitA
seGeAa:::-:'Le:1~:,,::p.:es to the side or r=a:-, and should be f3lase::l ::t :idewalk grade.
E~t:-c:~:es should be eT.f3~::si::!ed--aREl :l='.3oe more obvious through the use of the
following techniques or simil:::- SAes;.
~C~noPY, portico, overhang, arsaae-er ::rth ::=eve the en~ranS&:-
~Reoesses ~r projectiol1s in YlE =l;:ilamg fsvaGe sl;:r:-ounding the
en~ranS&:-
City of Prior Lake
(new 2009 date)
Zoning Ordinance
*PeJked roof sr reiseG-~2ra::et-Gvsr ~he door.
*Qie~~~' '1:indows surrounding the en~renS&:-
~Architectl;:ral rlet3iling sus," a: tile work or srn~r.1€r=:tal :r.oldings.
~Permaner=:~ ;:laAter: :r window boxes f~:- 1:::r=:a&s:::;:inS"=-
(8-)
~~)
~1 Q)
::I:t9mef-er.~r::r.ses
. ;"'.S 9f-tAe
similJr quality ss these
~:-c:nSE: s-hould be clEa:-ly
(4)
Utility service structures such as utility
nd tanks, refuse handling, loading docks,
oil ry equipment must be inside a building
s by a decorative fence, wall, or screen
. Fences and walls shall be architecturally
reo Loading docks or doors should always be
n.
C ~trict, maximum sign area per property shall not exceed 1
per linear foot of street fa~ade at the front yard. One sign
sable public entry to a building. Wall signs and projecting
. Free-standing signs are permitted only in an existing front
oiectina Sians: Projecting signs shall not exceed 8 square feet in area
nd may project no more than 4 feet from the building face. Signs must
maintain a minimum clearance of 9 feet above a sidewalk and 15 feet
above driveways or alleys. No projecting sign shall be located within 25
feet of another projecting sign.
~ Sian Desian Guidelines: Signs should be architecturally compatible with
the style, composition, materials, colors and details of the building and
with other signs or nearby buildings.
Signs should be positioned so they are an integral design feature of the
building, and to complement and enhance the building's architectural
City of Prior Lake
(new 2009 date)
Zoning Ordinance
features. Signs should not obscure or destroy architectural details such
as stone arches, glass transom panels, or decorative brickwork.
~ Sian Colors: Sign colors shall be compatible with the building fayade to
which the sign is attached. No more than three colors should be used per
sign, unless part of an illustration. A combination of soft/neutral shades
and dark/rich shades within the palette of the building olors shall be
used.
~ Materials: Sign materials shall be compatible with
materials and architectural style of the buildin
to be displayed. Natural materials such as
preferred but other materials that are equ
appearance of natural materials are ac
~ Illumination: External illumination
metal halide or fluorescent Iigh
shall not shine directly onto
are permitted in windows.
permitted, with the exception of the
(6) Parking.
~ Location: If 0
within the "TC"
business' princip
Individual busines
. dividual business
side or rear of the
parking s adjoining the sidewalk or a
d from it by a landscaped yard at least 4 feet
tive fence or wall between 2~ and 3 feet in
be provided for each 25 linear feet of
IC street or accessway.
rs of surfaceground parking lots and all other
rking or vehicular circulation shall be landscaped
rf grass, native grasses or perennial flowering plants, vines,
d tr~es. Such spaces may include architectural features such
A&
~Iosks or bicycle parking.
interio of surface gound parking lots containing 20 or more spaces
I contain landscaped areas equal to at least 15% of the total parking
rea, including a minimum of one deciduous shade tree per 10 parking
ces. Lawns or landscaped areas within 10 feet of the perimeter of the
rking lot may be counted toward the required landscaping.
-Conformities. The adoption of this Ordinance is not intended to create non-
onforming uses within the TC Spedalty-BusinessTown Center District. L--AU
taRGegal uses and structures in uses within the TC Spe:~alt~~usinessTown
Center District existing as of the effective date ofon (ordinance adoption date,
2009) may this ordinancE :hall ee allo'Ned to continue in operation and are
allowed to be remodeled or to be upgraded their property pursuant to the
applicable provisions of this Subsection.section. A Such land uses may be
expanded-tAeif- in size, provided that the expansion occurs on the 10tpaFGet of
record occupied by the use as of -(ordinance adoption date ~: effective
City of Prior Lake
(new 2009 date)
Zoning Ordinance
d3te of this ordin3ncs. =npaRSion 9Fl pr~cE: acquired after, 2009) tM
eff-ective dJte of this orsinsns: iEa:-a ~rohibited.
.:t4~~.111102A-GS11 Modifications. Any person seeking to remodel an existing building in the
TC Specialty ~usinessTown Center District may seek a modification of the
Design Standards contained in Section 1102.1111 02A-GS06 if it when it can be
demonstrated that application of the Design Standards will suit in undue
hardship or practical difficulties to the owner or develop e affected
property. An application for such modifications shall ace any e building
permit application and shall state the rationale for e request. +Ae
r3tion31e c~all include a~ et~i~=~e-tf =ny fi~a~^'
G~":1~isnse--with tr.e-Qesi@l~ gtar.aaffi&:.Cost alone
modification of the Design Standards. The request
Standards shall be processed under the
conditional use permit as outlined in Section
1102.900: "TC-T" Transitional Town C t
"TC-T" Transitional Town Center Use Distrl
for the fringe areas of the historical and recognl
Eventually redevelopment, stimulated in part by a
encourage the complete 'tion of this district to c
compatible with the purpo Town Center. Ne
redevelopment in the TC- T mitted if it con
in the "TC" Town Center Us n 1102.
1102.901
Exisinl3 ~::esPermitted Use
existing rdinance adopti
provi . w existing uses
th 's permitted:
ork required
existing structures into compliance with
8
g;
er attached or detached to residential structures.
existing structures costing no greater than 50% of the current
structures on the property.
uses may be converted to provide additional units.
conversion shall be limited to interior alterations of the existing
ucture. No additions or expansions of the existing structure are
ermitted.
A minimum of two (2) parking spots per unit must be provided on the site.
(6) -The following uses are permitted in the "TC-T" Transitional Town Center Use
District, subject to the conditions set out for each use in Section 1102.800 and
requirements in Section 1107 of the Ordinance..,.
~ Existing Residential Structures
~ Home Occupations
~ Group Day Care/Nursery School
City of Prior Lake
(new 2009 date)
Zoning Ordinance
~ Public Service Structures
~ Utility Substation
~ Appliance, Small Engine and Bicycle Repair
~ Food Service
~ Hotel/Motel
~ In-Vehicle Sales or Service
~ Medical and Dental Laboratories
~ Pfinting Prooec: F::silitiesCopy Shop
~ Restaurants and Clubs and Lodges Without
~ Shopping Center
~ Game Rooms
~ Bed and Breakfast Establishments
1102.9402
Home Occupations may be per
Transitional Town Center Use District
Home Occupation Permit and the
conditions:
a. The use must be consistent with one
"TC" Town Center Use District.
~ Offices
~ Medical Offices
~ Services
b. All material or equipm
no ore than 200 cubi
he home occu
distribution, or retail sales of
from the home occupation may be
, machinery, and materials normally found in a home may
on the home occupation.
ce within the residential structure devoted to the home occupation does
exceed 500 square feet or 20% of the floor area, whichever is greater.
o portion of the home occupation is permitted within any attached or
detached accessory building.
The structure housing the home occupation conforms to the building code;
and in the case where the home occupation is day care or if there are any
customers or students, the home occupation has received a Certificate of
Occupancy.
L All home occupations shall be subject to an annual inspection to insure
compliance with the conditions in this Subsection.
City of Prior Lake
(new 2009 date)
Zoning Ordinance
J. All applicable permits from other governmental agencies have been
obtained.
1102.903 Uses Permitted By Conditional Use Permit. No structure or land in a "TC- T"
Transitional Town Center Use District may be used for any of the uses listed
below except by Conditional Use Permit. Conditional Uses must comply with the
requirements of all the General Conditions provided in Subsectio 1108.202
through 1108.204, with the Specific conditions imposed in this tion and
with any other conditions the Planning Commission may im hat a e
intended to promote the health, safety, and welfare of the nts within the
City to maintain the characteristics of a neighborhood.
(1) Conversion of existing residential uses to
subject to approval of a Conditional Use Per
a. The use must be consistent wi
Town Center Use District
~ Medical/Dental Offices
~ Limited Retail, including Antique
Clothing or shoe stores, Florists, Jew
~ Offices
~ Services
~ Business Servi
Camera stores,
b.
The use must be I
additions to the structu
No
c.
maintain the residential character
e permitted.
1102.904
tures and Uses. Redevelopment of properties
Town Center Use District, consisting of new
vacant lot, total removal of existing structures, or renovations of
os~ng more than 50% of the current market value, as defined
,shall not be permitted unless the property is rezoned to the
District. In order to do so, the property must be adjacent to
he "TC" Town Center Use District.
onal standards for existing uses in existence on (ordinance adoption date
the "TC-T" Transitional Town Center Use District shall be the same as
e standards in the UR_2" Medium Density Residential Use District in Section
1 02.505 of the Zoning Ordinance.
1102.1000: "C-1" Neighborhood Commercial Use District. The purpose d tAe
"C-1" Neighborhood Commercial Use District is--ts I3rovide forpermits low
intensity, service-oriented commercial uses feF-that support the surrounding
residential neighborhoods. Limits will be placed on the type, size and intensity of
(new 2009 date)
City of Prior Lake
Zoning Ordinance
commercial uses in this district to insure and protect compatibility with adjacent
residential areas.
1102.9G4-1001 Permitted Uses. The following uses are permitted in the "C-1" Neighborhood
Commercial Use District if the use complies with the Commercial restrictions and
Performance Standards of Subsection 1102.1300.
~ Libraries
~ Museums
~ Park/Open Space
~ Police/Fire Stations
~ ParKing Business
~ Banks
~ Medical/Dental Office
~ Funeral Home
~ Office
~ Service
~ Retail
11 02.W21 002 Uses Permitted With Conditions.. A str
Commercial Use District may be used for
use complies with conditions stated below a
those specified for the . this Subsection.
(1) Adult Day Care. Conditio
a. A minimum of 150 sq
provided for each perso
(2)
feet of outside play space per pupil shall
hall be enclosed by a bufferyard Type C as
005.
shall be located a minimum of 200 feet from any roadway
e Comprehensive Plan as a principal arterial.
Recreation. Conditions:
he principal structure shall be located a minimum of 50 feet from a lot in
an "R" Use District.
Areas designated for group activities shall be located a minimum of 25 feet
from a lot in an "R" Use District.
c. Swimming pools shall be located a minimum of 50 feet from any lot line and
a minimum of 12 feet from any other structure on the same lot.
d. A bufferyard, Type C as defined in Subsection 1107.2005, shall be
constructed along the property line when a community park abuts a legal
City of Prior Lake
(new 2009 date)
Zoning Ordinance
residential use or abuts any RUse District.property residentially used :r in
eRe-e:f t~e "~" Yss !)istrists. Application of this provision shall not require a
fence within the required front yard.
e. The entire site other than that taken up by structures, required buffer yards,
or other landscaped areas shall be surfaced with a material to control dust
and drainage.
f. Facilities which serve a community-wide or regional
located with primary vehicular access on a collector
g. Facilities within 300 feet of a property in an "R"
lighting shall be lighted according to a light
which shall include fixture specificatio n
impacts will be minimized.
(4) Public Service Structures. Condition
a. All exterior faces of all buil
1107.2200.
b. All structures shall be located a minim
property located "R" Use District.
c. All service drives s
d.
A bufferyard, Type C
and maintained along
07.2005, shall be installed
" Use District.
(&:.)
,-
8, tt::e bcility s~::1I se looatee c: :r.imml;:m af.-4OO
'ss :n a:1 "R" b.!se District.
ifie and Bicycle Repair. Conditions:
gines II not be operated or tested outside of a structure if the use is
ted within 300 feet of any "R" Use District.
d Lodges Without Liquor License. Conditions:
Access shall be from a roadway identified by the Comprehensive Plan as a
collector or arterial or otherwise located so that access can be provided
without conducting significant traffic on local residential streets.
b. A bufferyard, as determined by Subsection 1107.2003, shall be installed
and maintained along all property lines which abut property in an "R" Use
District.
(/'.md. Ord. 99 06, pl:Jb. 5/22/99)
City of Prior Lake
(new 2009 date)
Zoning Ordinance
(7) Food Service. Conditions:
a. Primary access shall be to a roadway identified in the Comprehensive Plan
as a collector or arterial roadway or otherwise located to minimize so thJt
aGGECS €::~ =8 provided '::ithout gen3ra~iAg :r:gnificant traffic on local
residential streets.
b. A bufferyard, as determined by Subsection 1107.20
along all abutting property within an "R" Use Distri
{/lmd. Ord. 99 06, pub. 5/22/99)
(8) In-Vehicle Sales or Service. Conditions:
a. Drive through facilities and stackin
adjacent to any "R" Use District
b. A bufferyard, as determine y
between drive-through facilities and
properties.
c. Stacking shall b
comply with all ya
d.
This use shall only
traffic study that the 0
a lower level on adjace
emonstrated, through a
existing level of service to
ns.
e.
identified in the Comprehensive Plan as a
be otherwise located so that access can be
~at:ng e;ignifi:an~ traffic on local residential
art of this use shall be compatible with the architectural
terials of the principal structure.
Copy Shop. Conditions:
e floor area of the operation shall not exceed 5,000 square feet.
urants Without Liquor License. Conditions:
Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located to minimize 5t ~hat :ooess
€c:n se provided 'l.'itheut geAerating signifioant traffic on local residential
streets.
b. Buildings shall be located a minimum of 25 feet from any "R" Use District.
(new 2009 date)
City of Prior Lake
Zoning Ordinance
c. A bufferyard, as determined by Subsection 1107.2003, shall be installed
and maintained along all property lines which abut property in an "R" Use
District.
(11) Studio. Conditions:
a. No impact noise shall be audible from any property locat
District.
b. A bufferyard, as determined by Subsection 1107.
along all property lines which abut property loc
unless a more intensive buffer yard is require
then the morE i:1~
Neighborhood Commercial Use Distr'
except by Conditional Use Permit. T
Performance Standards of Subse 10
General Conditions provided in Subsecti
the Specific Conditions imposed in this Subs
the City CouncilPlanning Commission may imp
the health, safety, and are of the residents
characteristics of a neigh
(1) Motor Fuel Station. Cond
a.
13.
by subsection 1107.2003, shall be constructed
II lot line an "R" Use District, except that no wall shall be
ithin the required front yard.
~ air dispensers and other service devices shall be installed
off and toward the interior sf t~from any required yard
, and 13' display, servicing of vehicles, parking or dispensing of gJsoline
II take place within the required yard. On sites where pump islands have
n constructed at the required yard line, a landscaped area of 8 feet will
installed in the required yard.
. w ~it&-etREr t~e~ :uilding, required YJrd, =uffeFyafe c:r.d other
IJndscaped areac sl::all-Be ~aveEh
All parking and paved areas shall meet the grading, design, and
landscaping requirements of subsection 1107.200.
e. All on-site utility installations shall be placed underground.
(new 2009 date)
f. Ne--eOutside sale or display is:~=" l3e permitted exoeptfor gasoline,
seasonal items, and other goods consumed in the normal operation of a
car, including but not limited to-aRe Ii:r.ited to the following ~am.~c: oil,
City of Prior Lake
Zoning Ordinance
gasoline and oil additives, windshield cleaner, windshield wipers, tires and
batteries. No products shall be sold or displayed in any required yard,
parking area, or drive aisle.-Aer sh::1I t~e-t~81 c:cr:~ay area OCSl;:;:~<-meFe
ttla:-: 15Q square fee~ in :::-83 or b: :T1aF: t~a:-: 5 reet in height. No other
veAisl;:l::r ;:alt: s:u:I--fl~"': al:-Jtomobile oriented goode shell !:)e....Efis;:layes-Gf
sek:i-tb'tS iae,.
g. No public address system shall be audible from any pr
"R" Use District.
h. Any cCanopies and canopy support system
constructed t.lSiRg srGhitestt::-c:1 design of m
with the principal structure.
(2) Car Wash. Conditions:
a. No public address system sh
an "R" Use District.
b.
c.
All oarkino and Dave
provisions of Subsecti
. desion and landscaoinq
d.
,s for an accessorv car wash shall be aooroved
xit door from the car wash shall be at least 45
ay. Drainaoe shall be awav from the oublic
wash to orevent soillaoe onto the street.
the interior fl shall be slooed awav from the exit door. and
or drainaoe svstem. No water which is used in
ash shall be allowed on anv public rioht-of-wav.
'c car wash accessorv to a motor fuel station or motor vehicle
r facilitv shall orovide stackino soace for at least four cars.
these stackino spaces should not block inoress and eoress
vewav n the site or drivewavs orovidino access to oasoline oumos.
ice bavs or reouired off-street oarkino. exceot that vehicles in stackinq
ces mav block access to oarkino stalls which are sioned for emolovee
rkino onlv~
Hours of operation shall be limited to 6:00am to 10:00pm. unless the service
doors to the facilitv remain closed at all times.
4Accessorv Uses. The following uses shall be permitted accessory uses in a "C-
1" Neighborhood Commercial Use District:
(1) On-site Parking lots
City of Prior Lake
(new 2009 date)
Zoning Ordinance
(2) Incidental repair or processing which is necessary to conduct a permitted principal
use shall not exceed 25% of the gross floor area or 25% of the labor hours required
to conduct the principal permitted use.
(3) Food Service
(4) Motor Vehicle Service & Repair shall be a permitted accessory
Neighborhood Commercial Use District under the following co
a. It must be accessory to a motor fuel station.
b. The number of service bays shall not exceed
c. No public address system shall be permi
d. All repair, assembly, disassembly
inside a closed building except ti
e. Test driving shall be prohibit
(5) Outdoor seating and service of food and bev
use to a restaurant if:
a.
The use is separa
bufferyard as deter
Fy a building wall or
b. No speakers or othe
outside of the principal
c.
re ired if the outdoor seating area does not
square feet or of the gross floor area of the restaurant,
Parking be required at the same rate as the principal
Bor seating area in excess of 500 square feet or
area, whichever is less.
e C::1: :ISGA-slis =everages is permitted as In
Ent€ of subsectie~ ~= d above are met.
€E:C ts =F:9-ffe.o:r. tt:e outdosr C:FEa €..~::II be through tr.e--ffi€leer :aa~~r.s
sh=1I Be no direct Jooess to thE sl::tdoor seatins; area-f!:e;:r. tt:e
:r street,.
F::>od service to the outdocr are:: sr:all :E p:-ovided ~l;IriF:s ell r.Sl;:rs at
O\3gr::~9ft.
S. Ns ==r sr.all =e located in the outdotr a:-:a, ~ :: sefViGe tsr f-eF-tAe
8*G1:dsi'.le :;l:e-af tr.e-s::F.;:Iayee&.-
11 02.9Ga1 005 Dimensional Standards
(new 2009 date)
City of Prior Lake
Zoning Ordinance
(1 )
The following minimum requirements and those additional requirements found in
Section 1102.13dOO shall govern the use and development of lots in the "C-1"
Use District.
~ MffiE:ir.-'/.Jm buildin~ si=e 10,000 SEla:::-e-feet
Maximum Maximum Maximu Front Side Yard
Building Lot Area m Height Yard (ft.)
Size (Sq. ft.) (acres) (ft.) (ft.)
10,000 5 35 30
Rear
Yard (ft.)
Parking
Setback
(ft..)
10
Minimum
Lot Area
(sq. ft.)
20,000
(2)
Lots Adjacent to Residential Use Districts: The fol
developments and use of on lots adjacent to R
15
Building Setback Adjacent to "R" Use District
60 feet
Parki~Q Setback Adjacent to "R" Use District
20 feet
INOTE: C-2 AND C-4 DISTRICTS COMBINED AS C-2.[j
(I\md. Ord. 01 16 pl:Jb. in sl:Jmm::Jry on
)
1102.11200:"C-24" General BUSI
General Business Use
commercial development
beneficial relationship to each
areas d . ted by the Com
facili . 'tutions that ap
to ate space t
ding off-street
and to care
to both .
rpose of the "C-24"
centration of general
the public and mutually
ocated away from residential
nsive Plan' 0 provide space for community
riately may be located in commercial areas;
meet the needs of modern commercial
and truck loading areas; to minimize
regulate the intensity of commercial
rnal site factors and external impacts. +Ae
is ir.tended ts l3:-ovide :m sre:a ~-eF
ei:- :ize ::~g-d::::-astEr:stits ::r9-A-at a~ic:te
. 'sts. The These types of uses in this District are generally
ens, and are characterized by a greater need for parking,
mes of traffic, greater signage and lighting.
Uses. The following uses are permitted in the "C-24" General
se District if the use complies with the Commercial Restrictions and
ce Standards of subsection 1102.1300.
Medical/Dental Offices
~ Funeral Homes
~ Libraries
~ Museums
~ Parks and Open Spaces
~ Police and Fire Stations
~ Banks
~ Business and Trade Schools
~ Offices
~ Retail Shops
City of Prior Lake
(new 2009 date)
Zoning Ordinance
~ Service Facilities
~ Studios
~ Showrooms
~ Parking Business
1102.11202 Uses Permitted With Conditions. A structure or land in a "C-24" General
Business Use District may be used for one or more of the followi uses if its use
complies with conditions stated in subsection 1102.1300 and pecified for
the use in this subsection.
(1) Adult Day Care. Conditions:
a. A minimum of 150 square feet of outdoor s
provided for each person under care.
(2) Dry Cleaning, Laundering With Route
a. The use shall not exceed 15,0,
b. Outside storage and parking of tr
business is limited to trucks with a m
one or less.
c.
Outside vehicle st
by a bufferyard, as
lng "R" Use District
3.
d.
Access shall be from
collector or arterial or
provided without genera
Comprehensive Plan as a
ated so that access can be
on local residential streets.
(3)
areas shall be located a minimum of 200 feet from any
dway signated in the Comprehensive Plan as a principal arterial when
physical barrier is present. When a physical barrier is present, outdoor
y areas can maintain a 50 foot setback. A physical barrier shall be
fined as a 20 foot increase in elevation from the road surface elevation.
Service Structures. Conditions:
All exterior building faces shall comply with subsection 1107.2200.
b. All structures shall be located a minimum of 10 feet from any abutting
property located in an "R" Use District.
c. All service drives shall be paved.
(5) Utility Substation. Conditions:
City of Prior Lake
(new 2009 date)
Zoning Ordinance
a. No structure shall be located within 25 feet of any property line.
b. No structure shall be located within 200 feet of any "R" Use District.
c. A bufferyard, as determined by subsection 1107.2003, shall be installed and
maintained along all public ways.
~S) ARir.':a~ Handling. Conditions:
a.
~JG =nir.1als sh=1I se-ket't :l;:tsia.e t~e =bil
wAiGR-:~JCe-e#an:i'.
on whioh the :lotivity i: sonduoted.
h
~.
\1.VReFe ::r.i:r.=ls :Ire bOJrdes, ~h
feet..fF€:r. :butting propertiec i~ ar. "
(7) Appliance, Small Engine and Bicy
a. Engines shall not be operated or te
located within 300 feet of any "R" Use
fa)
c:.
!en a€ a
s that aSG2SC sa:"! Be
=al resiGan~ial s?,-eet&.-
b-.
~2, s~~=1I =e ins~alled Jnd
~roperty in an "R" ~Jse
.. sll Ee done wi~t:in e S-~rbsWfe-Sr in an Jrea screened fre:r. \tiew
a waU-sf tr.e sam= :r.::1erial =s tne building. Truck r.1sneuvering =:-eas
II =8 completely screened as :-equired by subsection 1107.309(6).
=-~fferY:lrd, as aetEr:nined by subseotis:-: 11 ~~3, shall be provided
atoog alllat-J.iRes :sbttir.g property in an "R" l:!sa ~is~fiGt,.
a. A bufferyard, as determined by subsection 1107.2003, shall be provided
along all property lines which abut property in an "R" Use District.
~I\md. Or-d. 99 06; pl:Jb. 5/22/99)
(new 2009 date)
City of Prior Lake
Zoning Ordinance
(9) Hotel/Motel. Conditions:
a. Tt~e facility shall be located en ;:roperty which ctn~c:ins a r.1iRiml;:m af--6OO
s~uare feet-af lat-af=.c J:er b:nit-
a. All buildings and structures shall be located a minimum of 100 feet from any
property in an "R" Use District.
b. A bufferyard, as determined by subsection 1107.200
all lot lines abutting property in an "R" Use District.
(10) In-Vehicle Sales or Service. Conditions:
a. Drive-through facilities and stacking are
adjacent to any "R" Use District prope
b. A bufferyard Type B as defined'
between drive-through facilitie
properties.
c. Stacking shall be provided for 6 cars
comply with all yard and bufferyard requir
d.
This use shall 0
operation will not
adjacent streets and
*'onstrated that the
to a lower level on
e.
it does not impede traffic or
ment, or increase the potential
. ntified in the Comprehensive Plan as a
otherwise located so that access can be
nificant traffic on local residential streets.
oratories. Conditions:
e use ~ II not generate any fumes or odors which are detectable at the
perty lines of the parcel on which the use is located.
. '=ns: {REQUIRE CUP)
=l;:ffeFyaR;I, ss eet:;:-:l':i~ !:y €u!:~ection 1107 .20CJ, s;~all !Je provided
aM r.1=in~ained Jlong ell fXoperty lines Jbutting property 10cJted with:r. aA
"R" ~E 9ictrist,.
h
Nt ~l;:!:)lis-aelGr€:: :yster.1 sr.=1I ~€ a~dible frtr.': c:ny property located ir. c:n
"R" b!SE 9ictFiGt,.
t..
The--site-shsll =e kept nEa~ and orderly.
City of Prior Lake
(new 2009 date)
Zoning Ordinance
d. Th&-4:lSE: shall net !::e permitted with~n eny required Y3rd, ~l;:ffel)/3rd or
landscaped 3rea.
e. This ~'C€ :h211 E:: looated :: :Tlinimum of 100 feet fro,o:r-: ::my property looated
iR-a:1 "R" ~SE !)istrist-
f.
The operator of thE I;::E shsll nst seU-er
meFs~::~jise, but shall r.C:\lE ::t IE3st 1.'
unused merthar.ffise:.
IolSed
,.,
;:,.
Nlt~n :ales-ef-Fsr.~,all:~-s SRaU-eE t;:eFate3 in
operated i~ c: ~uilding sr ~l;:ilsin8s in-wmt,'l t
displayes snd offered fsr €::I
ror:~allet,.
h.
Tnt; entire site oth:r ~har. ~ha~ 1;::
bufferyard, er I::r.dscaping sr.all
L
AU p::veG--af::as sl=:a
subsectisn 1107.200.
j.
k.
I.
11 07.2005, shJII bE in:~-aUeG
(12)
I not exceed 5,000 square feet.
. 'e;:--.g: ~REaUIRE CUP)
:: in '.vA+:h the I::€S is ~onducted ~hall be looates c: minimum of
,,,~ 1", "~ ~"or "~ 3" b,!€8 District.
::s Getcr::r.ir:eE! =y-su=:est+e;~ 119+-:2Q'J3, sl=:::1I 8€ ;XaviGeG
. in ar. "~" ~€€ C':,stFi4
,ts and Clubs and Lodges Without Liquor License. Conditions:
ccess shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential streets.
A bufferyard, as determined by subsection 1107.2003, shall be installed and
maintained along all property lines which abut property in an "R" Use
District.
~I\md. ord. 99 06; pl:Jb. 5/22/99)
(14) Shopping Center. Conditions:
City of Prior Lake
(new 2009 date)
Zoning Ordinance
a. The shopping center development shall not exceed 275,000 square feet of
gross floor area.
b. Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local reside ial streets.
c. A bufferyard, as determined by subsection 1107.20
along all lot lines abutting property in an "R" Use Di
d. All buildings and structures shall be set back
abutting property in an "R" Use District.
(15) Game Rooms. Conditions:
a. The hours of operation shall be
City Code relating to curfews.
b. The use shall be located at least
structure.
c. Parking shall be
space, using parkl
d.
An adult over the ag
in a supervisory capa
s during business hours
1102.11203
ufferyard, as determined by subsection 1107.2003, shall be constructed
ng all lot lines abutting an "R" Use District, except that no wall shall be
uired within the required front yard.
All pump islands, air dispensers and other service devices shall be installed
at least 12 feet eff sm:! toward the interior of the lot from any required yard
line, and no display, servicing of vehicles, parking or dispensing of gasoline
shall take place within the required yard. On sites where pump islands have
been constructed at the required yard line, a landscaped area of 8 feet will
be installed in the required yard.
c. All parking and paved areas shall meet the grading, design, and
landscaping requirements of subsection 1107.200.
City of Prior Lake
(new 2009 date)
Zoning Ordinance
d. All on-site utility installations shall be placed underground.
e. ONe--eutside sale or display G~:::II =3is permitted for exoept gasoline,
seasonal items, and other goods consumed in the normal operation of a
car, including but not limited to -MS limi~ed to the following ~roducts: oil,
gasoline and oil additives, windshield cleaner, windshield wipers, tires and
batteries. No products shall be sold or displayed in an~ttrequired yard,
parking area, or drive aisle.R:r s,a,all ~he-tctal ."
150 squ3re feet iF: :::re3 or be more tl=:a~ a feet i~ ~e' FJe: cth
iZa~s c::nEI--R::n :::.Jtomobile oriented goocs shc::1I
f. AAy-Canopies and canopy support syste
constructed \;;ISiA~ c::-sAitestb:-:::l-Gesign
compatible with the principal structure.
g. No public address system shall be
"R" Use District.
(2) Car Wash. Conditions:
a. No public address system shall be au
an "R" Use District.
b.
Drainaae and su
plans shall describ
for on-oremise dust.
must be desianed to
or sludae on the site 0
itv Enaineer. The
aae removal facilities
d abatement. Drainaoe
surface water. wash water
ises.
c.
rainaae. desian and landscaoina
or earess point an accessorv car wash shall be approved
aineer. The door from the car wash shall be at least 45
-wav. Drainaae shall be awav from the public
t earess the car wash to prevent soillaae onto the street.
s of the interior floor shall be slooed awav from the exit door. and
acceoted interior drainaoe svstem. No water which is used in
e car wash shall be allowed on anv public riaht-of-wav.
auto IC car wash accessorv to a motor fuel station or motor vehicle
ice and reoair facilitv shall orovide stackino soace for at least four cars.
rs located in these stackina soaces should not block inaress and eoress
ewavs on the site or drivewavs orovidina access to aasoline oumos.
ervice bavs or reauired off-street oarkino. exceot that vehicles in stackino
soaces mav block access to parkina stalls which are sioned for emolovee
oarkino onlv.
Hours of ooeration shall be limited to 6:00am to 10:00om unless the service
doors to the facilitv remain closed at all times.
(3) Motor Vehicle Sales. Conditions:
a. No previously registered but currently unlicensed or non-operable vehicles
shall be stored on premises.
City of Prior Lake
(new 2009 date)
Zoning Ordinance
b. All open sales or rental lots shall be operated in conjunction with a building
or buildings containing the same or similar materials as displayed on the
open sales or rental lot.
c. The building and the sales or rental lot shall be on one contiguous site.
d. All parking and paved areas shall meet all of the land
requirements of subsection 1107.200.
e. String lighting shall be prohibited.
f. The area of open sales or rental lot us
merchandise shall not exceed 2 squar
building on the site devoted to the sa
g. Test driving shall be prohibited 0
h. No outdoor public address s
L All customer and employee parking sh
j. No motor vehicl
minor residential
k. No display or stora
rig ht-of-way.
I. 107.2003, shall be installed and
utting "R" Use District.
minimum of 1 00 feet from an "R" Use
embly, disassembly and maintenance of vehicles shall be
ed building except tire inflation, changing wipers or adding oil.
t driving shall be prohibited on any street in an "R" Use District.
ccess shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential streets.
The building housing the use shall be located a minimum of 100 feet from
any lot in an "R" Use District.
f. A bufferyard, as determined by subsection 1107.2003, shall be provided
along any abutting an "R" Use District.
City of Prior Lake
(new 2009 date)
Zoning Ordinance
€i. ,A, car 'Nash ~hall ha'le pc:rkifls; s;:e~e to permit the s~esking-sf c:t Iess~ ~g
cars or ths :r.::):imum number of vehicles 'Nhich Si:n Ee-w~hed during e ~g
minute period, 'J.'hichever is greatEr; ;:I~ ar. c::9Qitj.snsl 1 0 off stroGt ;:::::-I.i;,g
spaces for =:r.;:layees 3nd storage of ::-:-:;:Ioyee o\','nea :::nd washed sarE:-.
h. ~sl;:rs sf s~a:-: s!":alll3a limited to 6:0~C::il ~~~J3::r., I;::-:Iess t~e service
doors to the facility rerr.:::i:-: sIesed :::t :::11 times-. -f ') ~
11/10/01).
L C:-c:i:-:C:ge ::r.: Sb\isslA9 131:~s-fsr a tsr wssr.
Engine=r. Ths ;:Ians s~fall describe tt.e-wa:h
removJI faciliti:c ta----be employed ts s,..
GAemftal ans ml:::s :::=s1emEnt SF: tt.
aesl;:~l;:ls~i9A--of su
\4sini~~' of the premises.
j. .'\ ssr \" <ae:.r. Sb311 b3ve-at1
Gestan sns Isndsc~pins ;:x-
K.
I.
s a r.1otor fuel st:::tiar. ar :r.at:cr \'8AfGIe
II ;:x-9ViGE :tacking sp~ce fsr st lEast ~sl;:r tars.
S "'S3: :h9\:Ikt-Ret =Iook ingrest ar.rl egress
'S ;:roviding acoess to gasoline ~I;:m;:s,
st ;:c::rl~~na, exoept th~t vehiclec in s~::skiRg
S pSrKfAd stc::lls which are signed for employee
.. .s in sl;:!::lseotions 11 02.1203~2s) through
'3j) c:~ :1=::311 :::;:;:ly--te ao..H:tr.1stis-t::r \\'a€hE€', 8*GE~ ~hat na
Et ;:c::l=kiRg s;:aces sh~1I be required fer C:F: a:kr.1atis-Gaf
s sn sb't9~.atis-ssr \\'~r. r.1ay be permitted
tint of intersection of the required front and side yard
'e~ 1102.1203(3j).
ts and Clubs and Lodges With Liquor. Conditions:
ccess shall be from a roadway identified in the Comprehensive Plan as a
collector or otherwise located so that access can be provided without
generating significant traffic on local residential streets.
The building housing the use shall be located a minimum of 100 feet from
any property located in an "R" Use District.
c. Separate pedestrian ways shall be constructed to allow for the separation of
pedestrian and vehicular movements within the parking lot.
City of Prior Lake
(new 2009 date)
Zoning Ordinance
d. A bufferyard, as determined by subsection 1107.2003, shall be installed and
maintained along any abutting property in an "RII Use District.
te) Clubs And Lodges ~",.'ith Liqus:-. Conditions:
a.
/\stB:S s~~!~ \;)e...fFe~ a :-oad'l.'ay idar.tifies in tha-G~'rl~reAa~s~ve-P~2n as a
collector sr ap.erial or otherwise located so tl=:at ::cess '"'n!:)e provided
without conducting sig:-:ifi::::mt trcffiE: :::n IBS~I:"' .
h
ThB ~uilding housing the use sr.all be 10cJtes s
any property located in a~ "~" IJse District.
S-.
S~rate-peGast~~T '_vaj's S~3!~ ~
pedestri::r. and vehittllar
c.
.'\ ~I;: ,
maintainea ::loog-all
Cis~rist,.
(6) Shopping Centers Over 275,000 Square
(new 2009 date)
a. The shopping center must conform to
centers less than 000 square feet of gro
b.
In-vehicle sales 0
demonstrated that t
internal circulation of
lower level of nearby
wit he following condit
when it can be
d stacking areas shall not be located adjacent
B jl defined in subsection 1107.2005, shall be
WQugh facilities and stacking areas and adjacent
hal be provided for a minimum of 6 cars per customer service
Stack' shall be prohibited on public streets, in fire lanes, and in areas
t interfere with on-site vehicular and pedestrian circulation.
tdoor sales/display, other than permitted in subsection 1101.510(3), shall
nly be permitted when it can be demonstrated that such use can be
aesthetically integrated into the site design and must comply with the
conditions set forth in Section (a) above and the following additional
conditions:
~ The size of the outdoor sales/display area(s) may be no greater than
30% of the ground floor building area of the associated principal uses(s) and
may be further restricted as deemed appropriate to the scale of the
Shopping Center and associated indoor uses.
City of Prior Lake
Zoning Ordinance
~ A masonry wall shall be required around the entire outdoor sales/display
area and shall utilize the same exterior materials as the principal building;
landscaping may also be required to supplement the appearance of the wall
and diminish views of the area from surrounding properties.
~ No outdoor sales/display items other than plant materials may extend
above the height of the wall.
~ Any temporary or permanent buildings associ
sales/display area must be architecturally integ
building(s) and approved as part of the Condition
d. All stores that provide shopping carts must i
storage areas; areas within parking I
shopping carts must be separate
landscaped islands and shall not i
shopping cart storage areas
screening of the same exterio
e.
may be reduced up to 30% of required
the City Council if one or more of the
in excess of minimum required to be set aside as
b construct parking ramps or other means of satisfying
ments when and if warranted as determined by the Zoning
ministr~ r based upon evidence of overflow parking on public streets, on
ghboring off-site properties, in fire lanes, or in other on-site areas that are
striped for parking;
Joint parking/shared parking arrangements between uses;
~ Off-site employee parking, employee car/van pooling, and/or provision
of employee transit passes.
~ Superior transit, pedestrian, and/or bicycle access and bicycle parking.
g. All trash handling and loading areas must be interior or utilize architectural
screening consisting of the same exterior facing materials as the principal
building.
City of Prior Lake
(new 2009 date)
Zoning Ordinance
h. Truck circulation and loading areas must be separated from streets and
properties adjoining the site by a bufferyard. Single use buildings over
10,000 square feet and multiple use buildings over 15,000 square feet that
are constructed after adoption of this Ordinance must utilize a landscaped
bufferyard that is a minimum of 40 feet in width in order to satisfy this
requirement. Such bufferyard must include a minimum 5 feet tall berm
along its entire length, a double row of evergreen trees at are each a
minimum of 8 feet tall at planting and spaced no more feet apart,
and deciduous trees interspersed with the evergreen
L Buildings must utilize at least 60% brick, marb
stone on each building face and no more th
any building face that is visible from public a
site.
j. Shopping centers must visually in
the same exterior materials an
and window treatments.
k. Buildings and additions to existing
building wall length to height ratio 0
building wall deviation must be a minimu
wall length to hen~ atio is used, the dept
may be reduced t
I. Buildings and additi
completely screen ro
rooftop equipment to
vis I impact as viewed
de sidewalks along all public street right-of-
on-site pedestrian connections that are
curbed, landscaped islands which have a
ive of sidewalk.
cen e provide either outdoor or indoor public plaza(s).
as must have a minimum size of 10% of the total ground floor
of toe shopping center (including outdoor sales building area)
in landscaping, walkways, benches, and a feature element
ntain or clock tower. Interior mall "food courts" are not
luded i) ublic plaza areas. Outdoor public plazas shall be designed to
ak up large areas of parking and shall be accessible via landscaped
estrian islands described in condition (m) above.
he shopping center shall comply with all other applicable Code provisions
unless specifically modified by the conditions listed above.
The minimum lot area for shopping centers constructed under this Section is
.:t-G-7 acres.
(a6) Convention / Exhibition Halls. Conditions:
a. All buildings, structures, and truck maneuvering areas shall be located a
minimum of 100 feet from any lot lines abutting property in an "R" Use
District.
City of Prior Lake
(new 2009 date)
Zoning Ordinance
b. All loading shall be done within a structure or in an area screened from view
with a wall of the same material as the building. Truck maneuvering areas
shall be completely screened as required by subsection 1107.309(6).
c. A bufferyard, as determined by subsection 1107.2003, shall be provided
along all lot lines abutting property in an "R" Use District.
(67) Outdoor Sales (Display). Conditions:
a. A bufferyard, as determined by subsection 1107.
and maintained along all property lines abuttin
"R" Use District.
b. No public address system shall be audi
"R" Use District.
c. The site shall be kept neat and 0
d. The use shall not be
landscaped area.
e. This use shall be located a minimum of
in an "R" Use Di .
f.
The operator of
merchandise, but s
unused merchandise.
exclusively in used
ck on the site in new,
g.
en sales or rental
in a building or
nd offered for
sed or required to be used for building, yard,
all be surfaced in blacktop or paving.
area of open sales or rental lot used for storage and display of
rchandise shall not exceed 2 square feet for every 1 square foot of
ilding on the site devoted to the same or similar use or accessory use.
A bufferyard Type B, as defined in subsection 1107.2005, shall be installed
and maintained along all public ways.
Private Entertainment (Indoor). Conditions:
a. The structure in which the use is conducted shall be located a minimum of
60 feet from any "R-1", IR-2", or "R-3" Use District.
b. A bufferyard, as determined by subsection 1107.2003, shall be provided
along all property located within an "R" Use District.
City of Prior Lake
(new 2009 date)
Zoning Ordinance
(89) Marinas. Conditions:
a. A bufferyard Type C, as defined in subsection 1107.2005, shall be
constructed along the property line where it abuts property residentially
used or if it abuts any "R" Use District.
b. Lake Service Signs, as regulated by subsection 1107.80
c. Lighting shall be provided for safety and securit
directed at the lake or at adjacent properties
building and dock identification may have no
the property line or at the edge of the dock st
d. Boat tours are permitted between the
e. One parking space for each 4 b
based at the marina, an addi .
boat is required.
f.
g.
Rental of boats a
accessory use to the
use is limited to 50% 0
c Y be permitted as an
131"
devoted to this accessory
cipal use.
the building, or be otherwise located,
se discernible at the property line of the lot
ed.
Uses. The following uses shall be permitted accessory uses in a "C-
al Business Use District:
use/Storage provided that the storage does not occupy more than 40%
ross floor area of the site. No warehouse/storage area shall exceed
square feet.
n site Parking Lots which comply with the requirements of subsection
107.200.
~ Helistops if the helistop is subordinate to the principal use in area, extent, and
purpose. The helicopter pad must be dust free and screened from view and take
off and landings shall not be over residential areas. Hours of operation shall be
limited to 7:00 a.m. to 9:00 p.m., excluding emergency operations.
~ Bar if accessory to a restaurant, hotel, private entertainment (indoor), club or
lodge.
City of Prior Lake
(new 2009 date)
Zoning Ordinance
~ Incidental repair or processing which is necessary to conduct a permitted
principal use shall not exceed 25% of the gross floor area or 25% of the labor
hours required to conduct the principal permitted use.
~ Food Service
(1) Outdoor seating and service of food and beverages is permitted as an accessory
use to a restaurant if:
a. The use is separated from any adjacent residential
This provision will not apply if the residential use is
above a restaurant.
b. No speakers or other electronic devices w
outside of the principal structure if the
residential use.
c.
Hours of operation shall be limit
feet of a residential use.
. .A'
'i (;l
d. Additional parking will not be requir
exceed 500 square feet of 1 0% of th
whichever is less. Parking will be require
use for that porti outdoor seating area
10% of the gross ea, whichever is Ie
(2) Outdoor seating and servic
accessory use if:
a.
oor area shall be through the indoor seating
ess to the outdoor seating area from the
r area shall be provided during all hours of
I be located in the outdoor area, except a service bar for the
jiffie employees.
Tt::e-mi~i:r.:J:r. bt are~ is ~-aGF&:
ThE mifliml;:m lat-wkith is 159-feet:.
Required Y::rG-afa as follo'A's:
Front Yare: 50 feet
8iae ':'ard: 20 feet
RE3r ':'ard: 30 feet
~-Maximb\'11 Heigh~ is 15 feet sr 1 stories, whichever is w=eatu. fam4
Ord. 105 01, pub 3/5/05)
(1) The following minimum requirements and those additional requirements found in
Section 1102.1300 shall govern the use and development of lots in the "C-2" Use
District.
Minimum I Milnlilmum I. Maximum I Front I Side Yard I Rear I Parking I
City of Prior Lake
(new 2009 date)
Zoning Ordinance
Lot Area
1 Acre
Lot Width
(ft.)
150
Height
Yard (ft.)
(ft.)
Yard (ft.)
Setback
(ft.)
10
45'or4
stories,
whichever
is greater
30
20
30
(2) Lots Adjacent to Residential Use Districts: The following setb
developments on lots adjacent to Residential Use Districts:
~'hall apply to
'""Jib
Building Setback Adjacent to "R" Use District
60 feet
Parking Setback Adjacent to "R" Use District
fe
City of Prior Lake
(new 2009 date)
SECTION 1103
OVERLAY DISTRICTS
SUBSECTIONS
1103.100: Overlay Districts
1103.100: OVERLAY DISTRICTS. The provision
govern the use of land within the 0
Use Districts that encompass on~
impose additional requirements above
District. The Overlay Districts include:
City of Prior Lake
May 1, 1999
1103/p1
SUBSECTIONS
1104.100:
1104.200:
1104.300:
1104.400:
1104.500:
1104.600:
1104.700:
1104.800:
1104.900:
1104.100:
1104.101
1104.102
May 1,1999
Zoning Ordinance
SECTION 1104
SHORELAND REGULATIONS
General Provisions
Designation of Types of Land Use
Zoning Provisions
Shoreland Alterations
Special Provisions For Commercial,
Agricultural and Forestry
Water Supply and Sewage Treatmen
Conditional Uses
Planned Unit Developments (PUB
Development on Nonconforming Lo
GENERAL PROVISIO
~~~.t,I.Jt,Q'"'L..AY.thorizati
authorization and policie
Minnesota Code of Agenc "Regu
the planning and zoning e~" .
462.
"6~J.shorelands of the City of Prior Lake affects
, safety and ~ir erJ welfare not only by contributing to
waters, but als mpairing the local tax base. Therefore,
ests of the p ic health, safety and welfare to provide for
ands of public waters. The Legislature of
onsibility to the municipalities of the State to
bdivision, use and development of the shorelands of public
reserve and enhance the quality of surface waters, preserve
tfr-al environmental values of shorelands, and provide for
utilizati f waters and related land resources. This responsibility is
cogni~ a by the City of Prior Lake.
ATION OF TYPES OF LAND USE:
S reland Manaaement Classification: In order to guide the wise
evelopment and utilization of shorelands of protected water for the
preservation of water quality, natural characteristics, economic values and the
general health, safety and welfare, certain protected waters in the City have
been given a shoreland management classification.
City of Prior Lake
1104/p1
Zoning Ordinance
These protected waters of the City have been classified by the Commissioner
of Natural Resources according to the DNR Protected Waters Maps for Scott
County as follows:
(3md. Ord. 02 09, pl:Jb. 6129/-C2; &.71d. Ord. 03 01, pl:Jb. 1/6/03)
I
1.
\2.
3.
4.
5.
6.
7.
Natural Environment lakes
Howard Lake
Township 114, 115N,
Range 22W, Sections 5, 32
Pike Lake
Township 115N, Range 22W, Sectio
Unnamed (Arctic Lake)
Township 115N, Range 22W
34SW
Keup's Lake (Mystic Lake)
Township 115N, Range 22W, Sectio
Hass Lake
Township 115
~
..........
. ." "'
DNRj.. o.
p
OHWM
957.3
907.3
Campbell Lake
Township 114N, R
NGt
€st:~92
stal Lake
hip 114N, Rang
1
70-61
943.3
70-60 945.0
Recreafi5lfi'l'l Environment lakes
Mark!<<:fy Lake
Township 114N, Range 21, 22W, Section
6.1
Unnamed (Blind Lake)
Township 114, Range 22W, Sections 1,2
Unnamed (Jeffers Pond)
Township 115, Range 21, 22W, Section 27
DNR 10 No.
70-21W
OHWM
893.2
70-53
948.7
70-77
866.1
May 1,1999
General OeveloDment Lakes
ONR 10 No.
OHWM
City of Prior Lake
11 04/p2
Zoning Ordinance
1.
Spring lake
Township 114, Range 22, Sections 3-5, 8-
10
70-54P
912.8
3.
lower Prior lake
Township 115, Range 21,22, Sections 30,
25, 26, 35, 36
Upper Prior lake
Township 114, 115N, Range 22W, Sections
2-4, 34, 35
904.0
2.
904.0
-.J
1.
Tributarv Streams
Unnamed (to Upper Prior
LeoalDescriDt
SE 1/4, Section 4; SW 1/4, S
Town~hlB.:~ 14N, Range 22W
7::)SrS,,"'^"",nk;
T4~ Section 26; Section 23; SE
ection 14, Township 115N,
<i::....:>::~2W
2.
Unnamed Tributary
1104.202
Shoreland District:
designated as a Shorela .:.
Overlay District is to provid~:ffor th
to preserve the quality and..
City.
ds of the City 0 Lake are hereby
ict. The pur se of the Shoreland
. ti of shore land areas in order
se protected waters of the
(1)
es allowed and regulated by the applicable
ffi~j~1 Zoning Map of the City.
uses and applicable attached conditions
applicable zoning district underlying this
rlay ndicated on the official Zoning Map of the City
by subsection 1108.200.
t: Any uses of shorelands which were in legal existence
enactment of this Section which are permitted within the
Ie Use", Istrict, but do not meet the minimum lot area, setbacks or
ensional requirements of this Chapter are nonconforming uses.
How ;!::f:y' structural alterations which substantially increase the
nonconforming dimensions may not be allowed.
Y::I:' '" g pl:Jb. 11/15/99)
rohibited Uses: Any uses which are not permitted, permitted with
conditions, or permitted as conditional uses as regulated by the applicable
Use District underlying this Shoreland Overlay District as indicated on the
official Zoning Map of the City.
City of Prior Lake
May 1,1999
11 04/p3
Zoning Ordinance
1104.300: ZONING PROVISIONS: The following standards shall apply to all shorelands
of the protected waters listed in subsection 1104.201 within the City. Where
the requirements of the underlying zoning district as shown on the Official
Zoning Map are more restrictive than those set forth herein, en the more
restrictive standards shall apply.
1104.301 Unsewered Lakes, Lot Area, Width and Setback Re
(1) Natural Environment:
Riparian Lots
r--
Area Width
Sinole
1 0 acres
(2) Tributarv Rivers and Streams:
May 1,1999
I
I Single Family
I Duplex
I Triplex
Quad
Ther
I
I
(fee
Struqf.~re height
limu~tron (feet)
s~i;Nage System
'~;0.:,?
'?i
setback from OHWM
I (feet)
330
ral Develooment Tributarv Rivers
Lakes
150 100
50 50
35 35
150 75
City of Prior Lake
1104/p4
Zoning Ordinance
1104.302 Sewered Lakes, Lot Area, Width and Setback Requirements:
(1) Natural Environment:
I
I
I Single*
I Duplex
I Triplex
I Quad
r
Riparian Lots
Area Width
40,000 125
70,000 225
100,000 325
130,000 425
*For non-riparian lots within the Ha
lot area shall be 12,000 square f
feet. (amd. ord. 0301, pl:Jb. 1/-6103)
(2) Recreational Develoom.ent:
Single
I~~PI~~,>,
AHbHP
Im'uad
)":"",,'",,
Area
15,000
" 35,000
,pQ,OOO
+;1'];(tl
"'\000
~rf;}f:10>';A;<",
'( ::r Area
1
26:000
,;>"
38,000
49,000
Riparian Lots
Lot Width at
90 75
135 75
195 75
255 75
/y.
20,000
35,00
5~IQOO
Y::..y,..,..
6~n:)Q0
,
i'ifll.,ii:Riparian Lots l
fVkH"
A~;~O Lot Wid: IFrontl I
26,000 135 I
38,000 190
49,000 245
Non-Riparian Lots
Lot Width (Front\
86
135
190
245
Area
12,000
17,000
25,000
32,000
City of Prior Lake
May 1,1999
11 04/p5
Zoning Ordinance
Development
Lakes
75
50
35
s:- c:lteFatfs:-: ::P..cY--R-~ Extend further intz ~he-bk::l-ff ir.1;:c::t ::3Ae
9 R8f)ort, ~rc;::.~ree e:cording to thE ~ravfSf:n~ of Section
_1. ;05 of the Zoning Or:!in=r~e r.::~st =0 prep3re:;! an:;! sb:!:)"~itteG-te the
sr 3~~ravah
f2-) The City will ::.J!:)mit the building perrr.-.it application fsr ~r.e addition or altuati9fl
tG t~e Minnesata !)ej:artment of NC:~b....al ~esources ArEa ~yaFele~itt f9f
review and commen~ ;:ri9f-t: s~pro\'al :f ~he-permit. The !:)NR-will have--Re
lesE t~=r. 1 0 business days to review and comment on ~he-per::p.it.
City of Prior Lake
May 1,1999
11 04/p6
Zoning Ordinance
(1) The proposed 3ddition a:- ::It=:-at:sn r:'Hx:t rne~ ell other requirements of the
Zoning OrZinznse-:
~5) Any removel sf ~!=le ~u;:;:9ftiR.g r.1E~!<:US sf ~he building €r s~a-, SI;::r. S3
bE3ring walls, c:: I I;: r:::-.")&,-bE3r:1S , or girds:-:, '.vill not be perr:1i~t"' :::-: ::ddition
UAG=r this provisisn. Th:s ;:ravisfGn i: inteAGe~ tc ~:-9J:OOi.~
fF~~ I;:siRg ~his section to effectively remOVE .
struoture and rebuil3 in ~he :2me location.
(3md. ord. 0306, pl:Jb. 5/10/03)
1104.304 Bluff Setbacks: The required setback from t
follows: as measured from the Top of BI
least 25 feet in length having an averag
AGGffi~",,:s tr el~ .
3-: of the eff-eotive
~Err.1it~ed unde:- tr.
(1) The Jddition sr atteFatisn
existing dwelling.
''')
,-
("-)
,-
us~ r.::eEt ell other requirements af--tRe
tr strl;:sWFE-, €~zh as
Sj =E3r.--,C-, or girdc:-c, will not be pe:-:r.itteEl-at an c:ddition
'sn. T!:HG prs\tfsfsn is intended to pr~1i=i~ c: ;:r=;:erty o'lIner
_n ~a-effaz~i\'ely remove C:t. 8*istiRg nonconfo:-min~
in ~he same 10cati9A-:
City of Prior Lake
May 1,1999
1104/p7
Zoning Ordinance
BLUFF SETBACK
- ] 0
_~D
---t
TD. 0' Blufl
l_~
!J'
OHWL
/
----
(amd. ord. 0306, pl:Jb. 5/10103)
1104.305
Enaineerina ReDorts R
proposed within a bluff i
bluff, the applicant for a bui
the follow'
The applicant for a building permit on that property shall provide a report and
calculations prepared and signed by a professional engineer registered by the
State of Minnesota on the bluff stability and the impact any excavation, fill or
placement of structures will have on the site and whether the excavation, fill or
placement of structures will cause any slope to become unstable or will
City of Prior Lake
May 1,1999
11 04/p8
Zoning Ordinance
impose loads that may affect the safety of structures or slopes. The report
shall include the following:
. The global failure plane determination of the slope subst
least one soil boring at an appropriate depth and location
. Analysis of the land influence zone and its intersecti
plane based on the soil type
. The Engineer's recommendations for the proper .............
of a drainage system so the site developm~t!t
adequate drainage for the site or adjacent R'~~perties,
damage or adversely affect existing sew r;ja~ainage fa +,+++~" will not
. 'ii> . "?:;rY;12;~00r
adversely affect the quality of stormwa !bff,wllI not adve ... ... affect
downstream properties, wetlands or les of .water and will no t in
erosion or sedimentation.
. If the initial determination indic fluence zone inte
or falls within the global failur . analysis of the!
shall be required.
(2) -built survey and post-
by a professional
rading of the site
plan and that the
been adhered to.
(3)
obvious erosion
e,coveraae: Impervious surface coverage for lots in all
ot exceed 30% of the lot area, except as provided in the
Such impervious surface coverage shall be documented
by a rtificate of survey at the time of any zoning or building permit
appli 0?h',' on, according to the definitions of impervious surface as listed in
subs "'tion 1101.400.
xisting site which is being altered, remodeled, or expanded without
panding the existing impervious surface may be allowed, provided that
where appropriate and where necessary, structures and practices for the
treatment of storm water runoff are in compliance with the Prior Lake Storm
Water Management Plan and approved by the City Engineer.
(2) In all "e" and "I" Use Districts and for Park/Recreation uses, new construction
on conforming lots or an existing site being altered, remodeled, or expanded
City of Prior Lake
May 1, 1999
11 04/p9
Zoning Ordinance
which expands the existing impervious surface coverage may be allowed
where necessary, provided the site conforms to the Prior Lake Storm Water
Management Plan, Best Management Practices and is approved by the City
Engineer, provided the impervious surface coverage does not exceed 75% of
the total lot and provided the following stipulations are met:
~ All structures, additions or expansions shall me
requirements of this Ordinance.
~ The lot shall be served by municipal sewer ~nt
~ Storm water is collected and treated in corqlliance WI City Storm
Water Management Plan and Best aria~;tement Pr Such
treatment may be comprised of ei ite control, 0 the
City's storm water control syste or a combination of bo be
approved by the City Engineer.
(3) Impervious surface coverage f
Park/Recreation uses may be allowe
exceed existing conditions on the lot
following stipulations are met:
~
s provided for in
~
ate of runoff directly
IJ ures and practices in
agement Plan in place for
tormwater runoff and/or prevention of
a public water include such appurtenances
sins, desilting basins, or silt traps), installation
microsilt basins on storm sewer inlets, oil skimming
(1 )
(2)
Subdivisions of duplexes, triplexes, and quads on Natural Environment Lakes
must also meet the following standards:
a. Each building must be set back at least 200 feet from the ordinary
high-water level;
City of Prior Lake
May 1,1999
1104/pl0
Zoning Ordinance
b. Each dwelling unit must be separately served by public utilities, none
of which are shared;
The lot must meet the lot w'
lots, and be suitable for the'ln
c. Watercraft docking units must be separately served
none of which are shared;
d. No more than 25% of a lake's shoreline can
quad developments.
(3)
Lots intended as controlled access to public v~~~e
use by owners of non-riparian lots withi~<'(I~pB'C1i'i.jSi
must meet or exceed the following stand~~as: ...
a.
d area re~,~irements for resid
uses oHcontrolled access lot .
,/1/+>//""">)'>. "
b.
If docking, mooring, or over-water
to be allowed at a controlled acces
(keeping the s e lot depth) must be in
requirements fo . n residential lots fo
consistent with t able:
of more than 6 watercraft is
then the width of the lot
d by the percent of the
~tercraft beyond 6,
Controlled Access
equired Increase In
Frontage (Percent)
25
20
15
10
5
The ~,~~~ )'for controlled access to public waters or as a recreation
rea mu~t?be jointly owned by all purchasers of lots in the subdivision
r by all purchasers of non-riparian lots in the subdivision who are
rovided riparian access rights on the access lots; and
Covenants or other equally effective legal instruments must be
developed and recorded that specify which lot owners have authority
to use the access lot and what activities are allowed. The activities
may include watercraft launching, loading, storing, beaching, mooring,
or docking. The covenants must also include other outdoor
recreational activities that do not significantly conflict with general
public use of the public water or the enjoyment of normal property
rights by adjacent property owners. Examples of the non-significant
conflict activities include swimming, sunbathing, or picnicking. The
City of Prior Lake
May 1,1999
11 04/p 11
Zoning Ordinance
covenants must limit the total number of watercraft allowed to be
securely moored, docked, or stored over water, and must require
centralization of all common facilities and activities in the most suitable
locations on the lot to minimize topographic and vegetation alteration.
The covenants must also require all parking areas, ~~g.~ buildings,
and other facilities to be screened by vegetatio ~r:flopagraphy as
much as practical, from view from public water uming summer,
leaf-on conditions.
1104.308 Placement. Desian. And Heiaht Of Structures:
(1) Piers And Docks: Setback requirements
shall not apply to piers and docks. L
controlled by applicable state and loc
(2) Setback Requirements For Res
have 2 adjacent lots with existing princl
lots, any new residential structure or any
may be set back the average setback of t
ordinary high-water mliJr~.or 50 feet, whichever
provisions of the Sho~' verlay District are
where only one of the t cent to an undev
an existing principal stru ~
and the next structure witilln
may not be utilized when 'f
other undeveloped shorelan
loca ore impact zon
thr.1c~te ir.t: t~= I~l<eshore or
be considered encroachments into the
rs and basement egress windows, provided they do not
ore than 2 feet into a yard; and provided such
chment is no closer than 5 feet from any lot line.
Yard lights and nameplate signs for one and two family dwellings
in the R-1, R-2 and R-2 districts.
Floodlights or other sources of light illuminating authorized signs,
or illuminating parking areas, loading areas, or yards for safety and
security purposes if these meet the regulations of subsection
1107.1800.
4) Flag poles, bird baths and other ornamental features detached
from the principal building which are a minimum of 5 feet from any
lot line.
City of Prior Lake
May 1,1999
1104/p12
Zoning Ordinance
5) Canopies no more than 12 feet wide are permitted in the "R-3", "c-
1", "C-2", "C-3" and "1-1" Districts if they are open at the sides,
comply with provisions of subsection 1101.506 and provide 14 feet
of clearance if located over any access roadway or f e.
~. ThE: follo'.ving shall notbeencro$ohments on front yard requirements:
~ N:Jningt and door hoods which extenc.a fe.~Rr less into the
reql:lired front yard.,,~jfiJr 'o;;;;lIi;l;iiiluh
~ A '.'estitlule ..-:hich e>Etends a ~et or less ints ~he requireei front yard
under the folla_ving conditions: (1)the vestibule SPraU be designed,
oonstructed anGf attanhea to the prinoipal structure i~ oompliance
wiU: the building Gade; (2) U:e.'.'estibul= sh::lll be I Gonstrusted af
materials comp~tiblewith those of the prinoipal structure WhiCh,;?":
meet the requirements of subseotisn 1197.22QC; ~~3) the
vestibule area, measured from II the outside of the outside 'Nalls
shan not exceed 30 square feet.~ I' "'iJIm::
~ Heating, '/entilating and air co.nditioning equipment \\'hich extends
less than 6 feet f:-a:-:-: the princi;::a-! struotura-, i= r.ot more I than 36
inches in height, anc:i is s(i)reenedftom ViEWJ.
~ Platform decks meeting the definitior. in subsestisn 1101.1000.
[il]
b. be encroachments on
nts: boats, boat trailers,
pits, utility trailers, jet skis,
ms.
din encroachments allowed in front, rear,
and s' ards are locateection 1101.503.
The following I shallr'tot I~II.I. anol'()aohments en siGe ar.9--FE3r yafEl
.&: t:eating, '/entilating arutsir oonditioninS} equipment in
€ a~ ~ $treet l::lnd rear yards, but is an encrooohment in
interior ~ide yar-ds. None ft ~hat equipmer.t sh::ln E!*tend mare than (;)
~at fra~ ~hepriri1i~~1 ~r~:'d'~~~o:~ d~: :=i~t the definition
In subsection 11 . 0., . o. 0,. 2]
ecks eeting the required setbacks may be replaced if the
1I0win iteria are met:
The deck existed on the date the structure setbacks were
established;
The replacement deck is in the same size, configuration, location
and elevation as the deck in existence at the time the structure
setbacks were established;
~ The deck is not roofed or screened; and
~ The existing deck is not located within an easement, right-of-
way, or over a property line.
(amd. ord. 00 14 pub. 8/12/00)
City of Prior Lake
May 1,1999
1104/p13
Zoning Ordinance
(3) High Water Elevations: Structures must be placed in accordance with any
flood plain regulations applicable to the site. Where these controls do not
exist, the elevation to which the lowest floor, including basement, is placed
must be determined as follows:
a. For lakes, by placing the lowest floor at a level at
the highest known water level, or 3 feet above t
level, whichever is higher;
b. For rivers and streams, by placing the
above the flood of record, if data
available, by placing the lowest flo
high-water level, or by conductin
effects of proposed construc'
and to establish a flood
approaches, technical e
engineer or hydrologist consiste
governing the management of flo
approach is used, the highest flood
must be used lacing structures an
c.
Water-oriented a
lower than the el
is constructed of
electrical and mec
and, if long duratio
nd ice action a
owest floor placed
d in this SLL. ection if the structure
""""to the flood elevation;
aced above the elevation
ted, the structure is built to
aves and debris.
ct es: One water-oriented accessory
General Development (GD) lakes that
er and water ovided a building permit is obtained from
.. are met:
rian lots containing a slope equal to or greater than 20%
from. the front of the principal structure to the ordinary high
nd verified by a certificate of survey prepared by a
rveyor, one water-oriented structure meeting the criteria
ted in ,t IS subsection is permitted with a setback of not less than 10
et from the ordinary high water mark.
n riparian lots containing slopes less than 20%, one water-oriented
accessory structure meeting the criteria listed in this subsection is
permitted with a setback of not less than 50 feet from the Ordinary
High Water elevation.
c. The structure shall not occupy an area greater than 120 square feet,
and the maximum height of the structure must not exceed 10 feet,
including the roof; and
City of Prior Lake
May 1, 1999
1104/p14
Zoning Ordinance
d. The structure shall be located in the most visually inconspicuous
portion of the lot as viewed form the surface of the lake, assuming
summer, leaf-on conditions; and
g.
If the proposed structure
plain elevation, the struct
flood-proofing requirements of tn
this Ordinance; and
ow the regulatory t..
liant with appli9~Ible
nd Section 1105 of
e. The structure shall not be designed or used for huma
shall not contain water supply or sewage treatment
the structure may contain electrical and mechani
f. The structure shall be constructed of treate
the principle structure and designed to red:,;;:;: visibili
public waters and adjacent shorela bY,i\vegetatio,
increased setbacks or color, assu rri'mer, leaf-on
and
h. Trees that are
the erection 0
necessary, repla
of the Zoning
implemented and a
landscaping materia
L ucture shall beached to a permanent foundation so as to be
Ie from its appf1?lP d location.
..ructures not meeting the lakeshore
laced if the following criteria are met:
d legally on (2008 ordinance date);
replacement structure is the same size, configuration,
n, building material, and height as the structure in existence
inance date);
Ing structure is not located within an easement, right-of-
de yard setback, or over a property line.
!
StalDNays, Lifts, And Landings: Stairways and lifts are the preferred
"rnative to major topographic alterations for achieving access up and down
ffs and steep slopes to shore areas. Stairways and lifts shall meet the
following design requirements:
a. Stairways and lifts shall not exceed 4 feet in width on residential lots.
Wider stairways may be used for commercial properties, public open
space recreational properties and planned unit developments;
City of Prior Lake
May 1,1999
1104/p15
Zoning Ordinance
b. Landings for stairways and lifts on residential lots shall not exceed 32
square feet in area. Landings larger than 32 square feet may be used
for commercial properties, Park/Recreation properties, and planned
unit developments. The required lakeshore setback for landings shall
be 10 feet measured from the ordinary high-water m the public
water. Landings shall not project into any required .
c. Canopies or roofs are not allowed on stairways
d. Stairways, lifts and landings may be eiq", const
ground on posts or pilings, or placed' o~tt!e ground,
are designed and built in a manner t~~res control of
e.
Stairways, lifts and landings
inconspicuous portions of
public water assuming
practical; and
om the surface 0
onditions, whel)
f. Facilities such
handicapped p
areas, provide
subsection 1104.
"€i.l~}
requirements of MIQ~
(6) Significant Historic Sites.
historic site as defined by
valu site unless a
re cumented in a
a significant
about the site has been
~ajl evaluate possible soil erosion impacts
visibility from blic waters before issuing a permit for
t systems, roads, driveways, structures, or
slopes. When necessary, conditions must be
'ssued permits to prevent erosion and to preserve existing
ing pf structures, vehicles, and other facilities as viewed
'Slic waters, assuming summer, leaf-on vegetation.
eveloD ent: Development on islands without municipal sewer and
II be subject to the following conditions:
d uses on islands are limited to seasonal cabins and other seasonal
res, public parks and open space. Year-round residences are not
itted. Recreational facilities, such as a pavilion or picnic facilities for a
meowners' association, may also be permitted by conditional use permit as
set forth in subsection 1108.200.
(2) Any structure built on an island must contain an enclosed septic system or
incinerator toilet facilities.
City of Prior Lake
May 1,1999
1104/p16
Zoning Ordinance
(3) An application for a building permit or variance must include a signed lease
arrangement that indicates that the owner has two (2), on-land parking
spaces for vehicles. In addition, the owner is required to provide proof of
residency, at some location other than the island, at the time of building
permit application.
~ Structure setback from.!
~ Side yard 10 feet
~ Gray Water System from OHW
(4) The minimum lot size for all islands without municipal s
acre. On Twin Island, the minimum lot size require
feet Gf-2-~~r.ti~~us {side by side) I::keshore lctc, ~
(5) The minimum lot width at OHWM is seventx;~tjye1f~J~t
(6) Setbacks for structures on islands shallf:9omply witt) the following:
(7) Clear cutting of natur vegetation is prohibited
restored insofar as f 'mmediately after a
completed to retard surf d soil erosion.
ral vegetation shall be
truction project is
(8) Any removal of vegetatio
require a restoration plan t
that natural vegetation is r
struct other buildings
'Onstruction project shall
wed by the City to ensure
ossible to screen seasonal
structure including basement and crawl
of Section 1105 or the provisions for
scribed in subsection 1104.308(3).
ac tructure is permitted per lot on general
evelop,.................:J~kes subject to the issuance of a building permit and the
wing coJ~ljj:l2?rs:
The 10C.JJJJ!J'" Jeet the minimum area and dimensional requirements
ted in S ......... n 1104.309; and
structdJres shall comply with all other required conditions and yard
acks as stated in Section 1102.800 (8); and
total ground floor area of the accessory structures shall not exceed
e ground floor area of the principal structure (seasonal cabin), 25% of
he area between the principal structure and the rear lot line, or 600
square feet, whichever is less; and
The maximum height of the structure shall not exceed 15 feet from the
grade adjacent to the structure; and
)0> The structure shall be setback a minimum of 100 feet from the ordinary
high water mark (OHWM); and
)0> The structure shall not be designed or used for human habitation and
shall not contain water supply or sewage treatment facilities. However,
City of Prior Lake
May 1,1999
1104/p17
Zoning Ordinance
the structure may contain an electrical system, with the proper permits;
and
~ The structure shall be compatible in design and materials with the
principal structure (seasonal cabin); and
~ If the structure is located below the regulatory flood
shall be built in compliance with the applicaJ:!~
requirements of the building code and Section 1 ....
and
~ The structure shall be attached to a
immovable from its approved location.
1104.400: SHORELAND ALTERATIONS: Altera'
be regulated to prevent erosion i
shoreland aesthetics, preserve h41t
protect fish and wildlife habitat.
1104.401 Veaetation Alterations:
(1) Vegetation alteration
treatment systems and
by Section 1104 are ex
follow.
c.1).Jres and sewage
"9 areas regulated
tion standards that
(2)
or agricultural and forest
04 is allowed subject to the
ithin the shore and bluff impact zones
lowed. Intensive vegetation clearing for
another use outside of these areas is
al use if an erosion control and sedimentation
eveloped and approved by the City Engineer &sil snrl '.,,'ater
. 3i:~rist-in which the property is located.
luff impact zones and on steep slopes, limited clearing
d shrubs and cutting, pruning, and trimming of trees is
1I0wed 0 provide a view to the water from the principal dwelling site
nd to accommodate the placement of stairways and landings, picnic
reas, access paths, beach and watercraft access and permitted
water- oriented accessory structures of facilities, provided that:
~ The screening of structures, vehicles, or other facilities as viewed
from the water, assuming summer, leaf-on conditions, is not
substantially reduced;
~ Along rivers, existing shading of water surfaces is preserved; and
~ The above provisions are not applicable to the removal of trees,
limbs, or branches that are dead, diseased or pose safety hazards.
City of Prior Lake
May 1,1999
1104/p18
Zoning Ordinance
1104.402 TODocraDhic Alterations/Gradinc And Fillinq:
(1) Grading and filling and excavation, including the import or export of materials
within the bluff impact zone is not permitted. However, the movement or
grading of existing materials within the bluff impact zone permitted
subject to approval of a grading permit. Grading and filling x vations in
all areas within the Shoreland District necessary for construction of
structures, sewage treatment systems and drivew~l'"" r validly issued
construction permits for these facilities do not r"'Uir . suance of a
separate grading and filling permit. Howev the graand filling
standards in this subsection must be incorpor d i tp the issua permits
for construction of structures, sewage treat~tems and drive
v;i?
(2) Public roads and parking areas are re
(3) Notwithstanding subsections (1)
will be required for:
a. The movement of more than 10 cu
slopes and wit . the shore impact zone;
b. The movement
matar~al
(4) The following consideration
issuance of construction p
subd' provals:
be adhered to during the
se permits, variances and
n must be done in accordance with the
ed and conducted in a manner that ensures
nt of bare ground is exposed for the shortest
I best management practices MlliGAe: e:- si::r.i1af
i, II be used, where necessary, for temporary bare soil
overag~~Fand a permanent vegetation cover shall be established as
on as possible:
ethods to minimize soil erosion and to trap sediments before they
reach any surface water feature shall be used.
Altered areas shall be stabilized to acceptable erosion control
standards consistent with the Public Works Design Manual.
. s31 s~1 and water oonservation 3:stri~~.s an3 the United
States Soil Conservation Service.
f. Fill or excavated material shall not be placed in a manner that creates
an unstable slope;
City of Prior Lake
May 1,1999
1104/p19
Zoning Ordinance
g. Plans to place fill or excavated material on steep slopes shall be
reviewed by qualified professionals for continued slope stability and
shall not create finished slopes of 4: 1 th:~~ 0 or greater:
k.
Placement of natural rock p
shoreline and placement of a fil
slope does not exceed 3 feet horizo
extent of the riprap is within 10 feet
and the height the riprap above the
not exceed 3 fe
gdated grading ~ he
permitted if the finished
1 foot vertical, the landward
ordinary high-water level,
high-water level does
h.
L Any alterations below the ordinary high wate
shall first be authorized by the Commissi
under Minnesota Statutes, Section 103G.
j. Alterations of topography shall only
permitted or conditional uses an
nearby properties; and
1104.403 Placement And Oesion Of
(1) ate roads an arking areas shall be designed to take
atural vegetatl d topography to achieve maximum
'ew from public s. Documentation shall be provided by
. al that all ro. s and parking areas are designed and
<fir
ntrol erosion to public waters consistent with
al. field offioe teohnical guides of the looal soil
:Iistriot, or other 3ppli~a~e technisal ::F'.::terials.
(2) d parking areas shall meet shoreland setbacks and must
aced wit in bluff and shore impact zones, when other reasonable and
placement alternatives exist. If no alternatives exist, they may be
ithin these areas, and shall be designed to minimize adverse
P c and private watercraft access ramps, approach roads, and access-
ated parking areas may be placed within shore impact zones provided the
vegetative screening and erosion control conditions of this Section are met.
For private facilities, the grading and filling provisions of subsection 1104.402
shall be met.
1104.404
Stormwater Manaoement:
City of Prior Lake
May 1,1999
11 04/p20
Zoning Ordinance
(1) When possible, existing natural drainageways, wetlands, and vegetated soil
surfaces shall be used to convey, store, filter, and retain storm water runoff
before discharge to public waters.
(2) Development shall be planned and conducted in a manner t
the extent of disturbed areas, runoff velocities, erosion p
and delay runoff volumes. Disturbed areas shall be st
as soon as possible in accordance with Best M
Facilities or methods shall be used to retain sedime n
(3)
(4) When constructed facilities are used f
documentation shallQIi, provided by a quali
V$7W'0~
designed and installed' ., ". nt with the Public
field office teohnic::l1 guide cl the-J.G~al s
(5)
rs shall provide for filtering
of surface debris before
RCIAL, INDUSTRIAL, PUBLlC/SEMI-
ESTRY:
ndustrial. Public. And Semi-Public Uses:
oriented~ercial uses and industrial, public, or semi-public
r needs to have access to and use of pubic waters may be
o ots with frontage on public waters. Those uses with
must meet the following standards:
n to meting impervious coverage limits, setbacks and other zoning
in this Section, the uses shall be designed to incorporate
hic and vegetative screening of parking areas and structures;
Us~., . that require short-term watercraft mooring for patrons shall centralize
~~e facilities and design them to avoid obstructions of navigation and to be
e minimum size necessary to meet the need; and
Uses that depend on patrons arriving by watercraft may use signs and lighting
to convey needed information to the public, subject to the following general
standards:
-
City of Prior Lake
May 1,1999
11 04/p21
Zoning Ordinance
a. No advertising signs or supporting facilities for signs may be placed in
or upon public waters. Signs conveying information or safety
messages may be placed in or on public waters by a public authority
or under a permit issued by the County Sheriff;
b. Signs may be placed, when necessary, within the
they are designed and sized to be the minimum
needed information. If illuminated by artificial .
shielded or directed to prevent illumination
and
'0;~
c. Other outside lighting may be locatjn ffle shore im
over public waters if it is used RIj anly to' illuminate poten I
hazards and is shielded or lnerwise ~irected to prevent
illumination out across pub' rs. Thisoes not preclude u
navigational lights.
(4) Uses without water-oriented needs shall b
public waters frontage, or if located on lot
frontage, shall either et back double the no
setback or be subst screened from th
topography, assuming s -on conditions.
be determined by the Zo
1104.502 Aoriculture Use Standard rming, grazing, nurseries,
wild crop harvesting are
and shor and bluff impact zones are
tation or operated under an approved
aement Systems) consistent with the
. . d ~hEHesal scil c:~d '....ater
b!nitea StatES Ssil Conservation
y a qualified individual or agency. The shore
r par rmitted agricultural land uses is equal to a line
50 feet from the ordinary high-water level.
'teet the following standards:
ew fee ots must not be located in the shoreland of watercourses or
bluff impact zones and must meet a minimum setback of 300 feet
om the ordinary high-water level of all public waters basins; and
Modifications or expansions to existing feedlots that are located within
300 feet of the ordinary high-water level or within a bluff impact zone
are allowed if they do not further encroach into the existing ordinary
high-water level setback or encroach on bluff impact zones.
1104.503
FC)rest Manaoement Standards: The harvesting of timber and associated
reforestation must be conducted consistent with the provisions of the
Minnesota Non-Point Source Pollution Assessment Forestry and the
City of Prior Lake
May 1,1999
11 04/p22
Zoning Ordinance
prOVISIons of Water Quality in Forest Management, "Best Management
Practices in Minnesota".
1104.600: WATER SUPPLY AND SEWAGE TREATMENT:
1104.601 Water SUDDlv: Any public or private supply of water
must meet or exceed standards for water quality of t
of Health and the Minnesota Pollution Control Age
1104.602 Sewaae Treatment: Any premises usedt,g'~"hu L~n occup
provided with an adequate method of sew gif~reatment, as follows.
(1) Publicly-owned sewer systems shall b
(2) All private sewage treatment sys
Pollution Control Agency's standards for
contained in the document titled, "Indivi
Standards, Chapter 7080".
(3) On-site sewage treatm
water level in accord
1104.301.
,the ordinary high-
ed in subsection
(4)
ground water table or
properties, and permeability;
ce of lowlands, local surface depressions, and rock
orming sewage treatment systems shall be regulated and upgraded
dance with subsections 1104.602(6) and (7) below.
xisting treatment system not meeting the requirements of this Section
all be upgraded, at a minimum, at any time a building or zoning permit or
variance of any type is required for any improvement on, or use of, the
property. For the purposes of this provision, a sewage treatment system shall
not be considered nonconforming if the only deficiency is the sewage
treatment system's improper setback from the ordinary high-water level.
City of Prior Lake
May 1, 1999
11 04/p23
Zoning Ordinance
(7) The City has by formal resolution notified the Commissioner of Natural
Resources of its program to identify nonconforming sewage treatment
systems. The City will require upgrading or replacement of any
nonconforming system identified by this program within 2 years1 as described
in subsection 1104.602(6) above. Sewage systems installew:'> rding to all
applicable local shoreland management standards adopte innesota
Statutes, Chapter 103F, in effect at the time of installatio y be considered
as conforming unless they are determined to be faili t that systems
using cesspools, leaching pits, seepage pits, or oth sal methods,
or systems will less soil treatment area separatio ove g water than
required by the Minnesota Pollution Control A ncy~:chapter r design
of on-site sewage treatment systems, shall i! sidered noncon
:i
1104.700: CONDITIONAL USES: Condition
shall be subject to the review
conditions for review of conditional uses
1104.800: PLANNED UNIT DEV
1104.801
IYDes Of PUDs Perm
allowed for new projects
built sites, or conversions
allowable use in all Use Dist
ments (PUDs) are
lopment of previously
land. PUDs are an
1104.802
plat for th roject showing locations of property
ter feaf~s, existing and proposed structures and
sewage treatment and water supply systems
systems ot be provided), and topographic contours at 2
less. When a PUD is a combined commercial and residential
't plan and/or plat must indicate and distinguish which
s of the project are residential, commercial or a
woo
agreement (for residential PUDs) with
in accordance with the requirements of
d restrictions, covenants, permanent easements or other instruments that:
properly address future vegetative and topographic alterations,
construction of additional buildings, beaching of watercraft, and construction
of commercial buildings in residential PUDs and b) ensure the long-term
preservation and maintenance or open space in accordance with the criteria
and analysis specified in subsection 1104.805.
City of Prior Lake
May 1,1999
11 04/p24
Zoning Ordinance
(4) When necessary, a master plan/drawing describing the project and the floor
plan for all commercial structures to be occupied.
(5) Those additional documents as requested by the Zoning Administrator that
are necessary to explain how the PUD will be designed and w' ction.
(1 )
The project parcel must be divided into ti,~rgiir6Y::>Jo ting one 0
approximately parallel to a line that idelJJifles the ordinary high-wate
the following intervals, proceeding langward.
A!.~i>+
SHORELAND7TIER NSlg8S>
U nsewereCJ!!~~fi
1104.803 Site "Suitable Area" Evaluations: Proposed new or
planned unit developments must be evaluated using
and standards to determine the suitable area for th
density evaluation in subsection 1104.804.
I
I General Development Lakes
(first tier)
General Development Lak
(second tier)
Recreational Development
I Lakes
I Natural EJl~!rff<l::U!1lent Lakes
I All R~w
Sewered (feet)
200
200
267
267
320
300
ext calculated by excluding from the tier
ffs, or land/ low the ordinary high water level of public
i~fie proposed project are then subject to either
or com planned unit development density evaluation
t an allowable number of dwelling units or sites.
.ommercial PUD Densitv Evaluation: The procedures for
se" density of a PUD and density increase multipliers are
as foil s. Allowable densities may be transferred from any tier to
r tier further from the waterbody, but must not be transferred to any
closer to the waterbody.
Re ential PUD "Base" Density Evaluation: The suitable area within each
IS divided by the single residential lot size standard for lakes or, for rivers,
e single residential lot width standard multiplied by the tier depth, unless the
local unit of government has specified an alternative minimum lot size for
rivers which shall then be used to yield a base density of dwelling units or
sites for each tier. Proposed locations and the number of dwelling units or
sites for the residential planned unit developments are then compared with
the tier, density, and suitability analysis herein and the design criteria in
subsection 1104.805.
City of Prior Lake
May 1,1999
1104/p25
r
-
Average
Unit Floor
Area
(Sq. Feet)
200
300
400
500
600
700
800
900
1,000
1,100
1,200
May 1,1999
(2) Commercial PUD "Base" Density Evaluation:
a. Determine the average inside living area size of dwellin
within each tier, including both existing and propose
Computation of inside living area sizes need not in
stoops, steps, garages, porches or baseme
habitable space.
b. Select the appropriate floor area ratio fro
COMMERCIAL PUD FLOOR ~s'E~;RATlbs
PUBLl9.-WAT~R C.~SSES
Sewered General Seco .. Additiot},~1 tiers
Development Lakes; First 9,s'+!!'1~.~red G....... ral
tier on unsewered Deve1~'Y"
General Development Recreatl
Lakes; Urban, Transition
Agricultural, Tribut river seg
river segments
.040
.048
.056
.065
.072 .0
.04'2
.046
.050
.054
.058
.064
.068
.072
.075
Zoning Ordinance
Nat
Enviro
Lakes an remote
river segments
.010
.012
.014
.016
.019
.021
.023
.025
.027
.029
.032
.034
.036
.038
I
rage ugl loor areas less than shown, use the floor area ratios listed
quare'feet. For areas greater than shown, use the ratios listed for
uare feet. For recreational camping areas, use the ratios listed at
re feet. For manufactured home sites in recreational camping areas
atio equal to the size of the manufactured home, or if unknown, the
isted for 1,000 square feet.
Multiply the suitable area within each tier by the floor area ratio to yield
total floor area for each tier allowed to be used for dwelling units or
sites.
City of Prior Lake
1104/p26
Zoning Ordinance
d. Divide the total floor area by tier computed in subsection (c) above by
the average inside living area size determined in subsection (a) above.
This yields a base number of dwelling units and sites for each tier.
e. Proposed locations and number of dwelling units
commercial planned unit development are then co
density and suitability analysis herein and t
subsection 1104.805.
(3) Density Increase Multipliers:
a. Increases to the dwelling unit or dw
determined are allowable if the
1104.300 are met or exceede
1104.805 are satisfied. Th
b. below will only be allo
high-water levels are increase
minimum setback, or the impact
equivalent amount through vegetativ
additional mea acceptable to the loca
setback is at Ie reater than the mi
b. Allowable dwelling
or commercial plan
Density
aluation Tiers
First
Second
Third
r,ftaximum Density
Increase Within Each Tier
50%
100%
200%
200%
200%
dministration Requirements:
ooroval Of Development: Before final approval of a planned unit
evelopment, adequate provision must be developed for preservation
nd maintenance in perpetuity of open spaces and for the continued
existence and functioning of the development.
Open Space Preservation: Deed restrictions, covenants, permanent
easements, public dedication and acceptance, or other equally
effective and permanent means must be provided to ensure long-term
preservation and maintenance of open space. The instruments must
include all of the following protections:
~ Commercial uses prohibited (for residential PUDs);
City of Prior Lake
May 1,1999
11 04/p2 7
Zoning Ordinance
~
Vegetation and topographic alterations other than routine maintenance
prohibited;
Construction of additional buildings or storage of vehicles and other
materials prohibited; and
Uncontrolled beaching of watercraft prohibited.
~
~
c.
Develooment Oroanization And Functioninq:
effective alternative community framework
applicable, all residential planned unit d
owners association with the following feat
~
Membership shall be mandatory",if: c
purchaser and any successive p~.91f~sers;
Each member shall pay a ~ero rata sgare of the assoc
expenses, and unpaid ass SS nts can o come liens on uni
sites;
Assessments shall be adjus
conditions; and
The association shall be responsl
maintenance 0 I commonly owned pro
~
~
~
r insurance, taxes, and
nd facilities.
(2) Open Space Requirem
space meeting all of the f
must contain open
May 1,1999
a.
At least 50% of th
District shall be pres
in the Shoreland Overlay
d rig hts-of-ways , or land covered by road
o structures, except water-oriented
es, are developed areas and shall not
n of minimum open space;
pac clude areas with physical characteristics
Ie for development in their natural state, and areas containing
historic sites or unplatted cemeteries.
may include outdoor recreational facilities for use by
wners dwelling units or sites, by guests staying in commercial
elling units or sites, and by the general public.
pen space may include subsurface sewage treatment systems if the
use of the space is restricted to avoid adverse impacts on the
systems;
Open space shall not include commercial facilities or uses, but may
contain water-oriented accessory structures or facilities;
g. The appearance of open space areas, including topography,
vegetation, and allowable uses, shall be preserved by use of restrictive
City of Prior Lake
1104/p28
Zoning Ordinance
deed covenants, permanent easements, public dedication and
acceptance, or other equally effective and permanent means; and
h. The shore impact zone, based on normal structure setbacks, shall be
included as open space. For residential PUDs, at I 0% of the
shore impact zone area of existing developments t 70% of
the shore impact zone area of new developmen II be preserved
in its natural existing state. For commercial P ast 50% of the
shore impact zone shall be preserved in its
a. Be designed, and the constr minimize the likel
of serious erosion occurrin fl~r construction. is
shall be accomplished by Iimitin nt ahd length of time of
bare ground exposure. Tempo round covers, sediment
entrapment facilities, vegetation bu s, or other appropriate
techniques sha e used to minimize ero pacts on surface water
features. Ero ntrol plans appro soil and water
conservation dis required if proje and site physical
characteristic war
(3) Erosion Control And Storm Water Manail~e "Erosion
water management plans, and Best ahag~Ineht Practice
developed and the PUD shall: ..
b.
Be designed and
expected quantities
coverage with
at for comme
1I0wed in the fi
storm water
1104.400.
ely manage reasonably
m water runoff. Impervious
ny tier sha not exceed 25% of tier area,
I PUD's 35% impervious surface coverage
r of general development lakes with an
agement plan and consistent with
an of Facilities: Centralization and design of
ructures shall be done according to the following standards:
evelopments shall be connected to publicly owned water
ewer systems;
welling units or sites shall be clustered into one or more groups and
cated on suitable areas of the development. They shall be designed
nd located to meet or exceed the following dimensional standards for
the relevant shoreland classification: setback from the ordinary high
water level, elevation above the surface water features, and maximum
height. Setbacks from the ordinary high water level shall be increased
in accordance with subsection 1104.804(3) for developments with
density increases;
c. Shore recreation facilities, including but not limited to swimming areas,
docks, and watercraft mooring areas and launching ramps, shall be
centralized and located in areas suitable for them. Evaluation of
City of Prior Lake
May 1,1999
1104/p29
Zoning Ordinance
suitability shall include consideration of land slope, water depth,
vegetation, soils, depth to ground water and bedrock, or other relevant
factors. The number of spaces provided for continuous beaching,
mooring, or docking of watercraft shall not exceedpne for each
allowable dwelling unit or site in the first tier (notwith~l."glrlg existing
mooring sites in an existing commercially used b<$~r)~4ttaunching
ramp facilities, including a small dock for 10 ... and unloading
equipment, may be provided for use by occup welling units or
sites located in other tiers;
f.
Water-oriented a
they meet and e
1104.308(4).
may be allowed if
ained in subsection
d. Structures, parking areas, and othe
reduce visibility as viewed from pub'
by vegetation, topography, incre
acceptable to the local unit of
conditions. Vegetative and
if existing, or may be requi
e. Accessory structures and facilities,
structures, shall meet the required
shall be central' d; and
1104.806
Conversions: Local govern
uses . 'ties to be conv
al tandards are
sions shall be i ",~!IY evaluated using the same procedures
nned unit dev~lopments involving all new construction.
'9 features of the development and these
Iving water supply and sewage treatment, structure color,
open space, and shore recreation facilities shall be
the conversion or as specified in the conditional use
nd bluff zone deficiencies shall be evaluated and reasonable
ments made as part of the conversion. These improvements shall
where applicable, the following:
Removal of extraneous buildings, docks, or other facilities that no
longer need to be located in shore or bluff impact zones;
b. Remedial measures to correct erosion sites and improve vegetative
cover and screening of buildings and other facilities as viewed from
the water; and
City of Prior Lake
May 1,1999
11 04/p30
Zoning Ordinance
c. If existing dwelling units are located in shore or bluff impact zones,
conditions are attached to approvals of conversions that preclude
exterior expansions in any dimension or substantial alterations. The
conditions shall also provide for future relocation of dwelling units,
where feasible, to other locations, meeting all setba d elevation
requirements when they are rebuilt or replaced.
(4) Existing dwelling unit or dwelling site densities
subsection 1104.804 may be allowed to continue
be increased, either at the time of conversion or i
made during the conversion to limit impact f ~h densitie
seasonal use, improving vegetative scree~nt(alizing shor
facilities, installing new sewage treatmen stems; or other means.
1104.900: DEVELOPMENT ON NONCONFO
1104.901 Puroose: The purpose of regulating de/~+~~oent on substandard lots of
record is to coordinate development ono*ii@~:I~!~,landard lots to ensure
environmentally sensit evelopment, ensure CO!HHiH' ibility with surrounding
existing development 1I0w for combina ots to the extent
possible.
1104.902 ing lot of record requires
age, setbacks, flood plain
isting veg ion cover, and relationship to
ruction upon nonconforming lots should be
the existing neighborhood development. It
exibility to develop nonconforming lots.
herein are intended to define the
allow a nonconforming lot to be developed
dwelling purposes without a variance.
t on nonco g lots of record which do not comply with these
nly be considered after application for, and approval of,
ce s provided for in subsection 1108.400.
(1) legal lot of record existing upon the effective date of this
n a res ential district, located adjacent to a General Development or
nal Development Lake, which does not meet the requirements of
ion as to area or width may be utilized for single-family detached
purposes, provided that all of the conditions of this subsection apply:
The minimum lot size with public sewer shall be a minimum of 50 feet
in width measured at the front yard setback line and shall have a
minimum lot area equal to or greater than 7,500 square feet.
b. The lot has been assessed a sewer and water assessment and will not
require an on-site septic system for development.
c. The lot was created compliant with official controls in effect at the time.
City of Prior Lake
May 1,1999
11 04/p31
Zoning Ordinance
d. The development plans shall be in conformance with the policies for
residential development as outlined in the Comprehensive Plan.
e. The development plan shall
impervious surface coverage.
f. Development shall be planned and conducte
the control of disturbed areas and erosion i
after construction.
g. A complete grading and drainage
Engineer for review. Such plans
with the Storm Water Manage
h. The lot and proposed st uc
standards of the zoning and buil I
City of Prior Lake
May 1,1999
1104/p32
SUBSECTIONS
1105.100:
1105.200:
1105.300:
1105.400:
1105.500:
1105.600:
1105.700:
1105.800:
1105.900:
1105.1000:
1105.1100:
1105.1200:
1105.100:
1105.101
1105.102
1105.201
May 1,1999
Zoning Ordinance
SECTION 1105
FLOOD PLAIN REGULA liONS
Authority, Purpose and Findings
General Provisions
Flood Plain District
Permitted and Conditional Uses
Subdivisions
Public Utilities; Public Transportation Fac. .
Travel TrailersNehicles and Manufactur ome
Administration
Nonconforming Uses
Amendments
Vacant for future amendments
Vacant for future amendments
STATUTORY AUTHORI
Statutorv Authorization:"
Minnesota Statutes Chapter<:iil,Q3F
the responsibility to local gb'"
minimiz losses.
f the St~ of Minnesota has, in
nabling Statute) delegated
opt regulations designed to
The flood haz~tfi areas of Prior Lake, Minnesota, are subject
tion which resull"~:'!'J potential loss of life, loss of property,
hazards, disruptfi~;Vof commerce and governmental services,
ditureor flood protection and relief, and impairment
dversely affect the public health, safety, and
pon a reasonable method of analyzing flood hazards
the standards established by the Minnesota Department
t of Puroose: It is the purpose of this Section to promote the public
fety, and general welfare and to minimize those losses described in
n 1105.102 herein by provisions contained herein.
Lands to Which Section Aoolies: This Section shall apply to all lands within
the jurisdiction of Prior Lake, Minnesota, shown on the Flood Insurance Rate
Map and the attachments and amendments thereto, as being located within the
boundaries of the area as Zone AE or Zone A.
City of Prior Lake
11 05/p 1
1105.202
1105.203
1105.204
1105.205
1105.301
May 1, 1999
Zoning Ordinance
Establishment of Official Mao: The Flood Insurance Study and Flood
Insurance Rate Map for Prior Lake, Minnesota, both dated November 19, 1997,
and any amendments thereto, are hereby adopted, by reference and declared to
be part of this Section. The Official Map shall be on file in the office of the City of
Prior Lake Planning Department.
Reaulatorv Flood Protection Elevation: The Regulat
Elevation shall be an elevation at least one foot above th
nearest one-tenth foot as indicated in the Flood Insur
increase in flood elevation caused by encroac
authorized by this Ordinance. For structures cons d prior vember 19,
1997, the Regulatory Flood Protection ElevatlQIJ.",do not have
one foot of freeboard noted in this paragr~p~;i~~fBh;less the existing s
been removed as part of the site redevelg;Qj11'ent.
Interoretation: In their interpretatl
Section shall be held to be mif{'im
construed in favor of the City and shall no
any other powers granted by State statutes.
provisions
The boundaries of the
Flood Insurance Rate
location of the boundarie
appears to be a conflict be
and there is a formal appe
Board of Adjustment shall m
be bas n elevations of
avail I data.
'ned t;>y reference to the
ala as to the exact
plain district, xample where there
undary ~ d actual field conditions
Director of Planning, the
rpretation. All decisions will
-year) flood profile and other
ons: It is not intended by this Section to
Isting easements, covenants, or deed
where t' Section imposes greater restrictions, the
vail. All other ordinances inconsistent with this
the extent of the inconsistency only.
laimer of Liabilit\,(: This Section does not imply that areas
district or land uses permitted within such districts will be
flood damages. This Section shall not create liability on the
City any officer or employee thereof for any flood damages that
reliance on this Section or any administrative decision lawfully made
r.
OD PLAIN DISTRICT: The flood plain district shall include those areas
signated as Zone AE and A on the Flood Insurance Rate Map adopted in
subsection 1105.202.
Comoliance: No new structure or land shall hereafter be used and no structure
shall be located, extended, converted or structurally altered without full
compliance with the terms of this Section and other applicable regulations which
apply to uses within the jurisdiction of this Section. Within the flood plain district,
City of Prior Lake
11 05/p2
Zoning Ordinance
all uses not listed as permitted uses or conditional uses in subsections 1105.401
and 1105.403 that follow, shall be prohibited. In addition, a caution is provided
here that:
(1) Modifications, additions, structural alterations or repair after da
nonconforming structures and nonconforming uses of stru
regulated by the general provisions of this Section and s
1105.900.
~ Open space, reCi~ 'on, retaining walls, sta
in conjunction wit ment proposal.
~ Accessory struct they comply the provision of
subsection 1105.40
~ '6
~ Fill may be a permi~@cd use; Ic 1 is part of a development
project and is acco icece anied9""by an ved building permit and/or
a<ii(:/
and filling p it: Fill shall e protected from erosion by
cover, mule cei , rip rap or any other acceptable method,
advance by t1ii"City.
and other strutf"! onstructed on fill so that the basement
t floor, if there i basement, is at or above the regulatory
. levation. e finished fill elevation shall be no lower than
flood protection elevation and shall extend at
vation a 15 feet beyond the limits of any structure or
rected thereon. Fill shall be compacted and the slopes shall be
ap or vegetative covering, approved in advance by the
ge to existing
or land are
lIy ubsection
(2) As-built elevations for elevated or flood proofed str
ground surveys and floodproofing techniques mu
by a registered professional engineer or ars~i~~st specified
provisions of this Section, and specifically a latethin subsection 1
1105.400: PERMITTED AND CONDITIONAL USES:
1105.401 Permitted Uses: The following uses sha
plain district to the extent that they are not pr
hall have low flood damage potential.
shall be permissible in the underlying zoning district.
e use shall not adversely affect the regional flood elevation or cause a
measurable increase in the stage of the 100-year or regional flood or cause a
considerable increase in flood damages in the reach or reaches affected.
(4) Residences that do not have vehicular access at or above an elevation not more
than 2 feet below the regulatory flood protection elevation shall not be permitted
unless granted a variance by the Board of Adjustment. In granting a variance,
City of Prior Lake
May 1,1999
11 05/p3
Zoning Ordinance
the Board of Adjustment shall specify limitations on the period of use or
occupancy of the residence.
(5) Where the existing streets, utilities and small lot sizes preclude the use of fill,
other methods of elevating the first floor (including basem ts) above the
regulatory flood protection elevation may be permitted priir,.,appropriate
variances are granted by the Board of Adjustment an idea, that the
structure is floodproofed in accordance with the State Buil ode.
1105.403 Conditional Uses: The following uses shall be co
plain district to the extent that they are not prohibita
(1) Marinas, boat rentals, piers, wharves and
street, bridges, utility transmission lines,
(2) Flood control structural works such
protect individual structures and/o
less than a 1 O-year frequency flood event.
d floodwalls inten" to
~st a flood equafto or
1105.404
(1) All Uses: No structure (t
levees), deposit, obstruct '8fd'
may be allowed as a condif',~pal
elevation or cause a consid' able
reaches affected.
'rfg fill for roads and
ment or other uses
adversel ffect the regional flood
damages in the reach or
(2)
to the procedures and standards contained
in the underlying zoning district.
lain District: Dredge spoil, fill and all other
deposite stored in the flood plain shall be protected from
tative cover, mulching, rip rap or other acceptable method
he City.
nd sand and gravel operations shall not be allowed in the
nless long-term site development plan is submitted which includes
Isedimentation prevention element to the plan.
Iternative, and consistent with subsection (4b) above, dredge spoil
I and sand and gravel operations may allow temporary, on-site storage of
other materials which would have caused an increase to the stage of the
-year or regional flood, but only after the Director of Community Development
and Natural ResourcesPlanning has received an appropriate plan which assures
the removal of the materials from the floodway based upon the flood warning
time available. The conditional use permit must be filed by the property owner
with the office of the Scott County Recorder.
City of Prior Lake
May 1,1999
11 05/p4
Zoning Ordinance
(5) Accessory Structures: Accessory structures shall not be designed for human
habitation. Accessory structures, if permitted, shall be constructed and placed
on the building site so as to offer the minimum obstruction to the flow of flood
waters.
~
The structure must be adequ
or lateral movement of the
hydrostatic flood forces on exterior
Any mechanical and utility equipmen
or above the regulatory flood pro
flood proofed.
revent flotation, co
~> designed to e
Accessory structures shall be elevated on fill or structurally
accordance with the FP-1 or FP-2 floodproofing classi'
Building Code. As an alternative, an accessory structur
the FP-3 or FP-4 floodproofing classification in t
provided, the accessory structure constitutes a .
exceed 1 OOO~ square feet in size, and for a d ed gar
garage must be used solely for parking ofY~~b~lcle and limit
flood proofed accessory structures must me 11tflie(+Tollowing addition
as appropriate:
~
(6) Storage of Materials an
that are, in time of flood
human, animal or plant Ii
equipment may be allowed i
available r a flood warnin
City
ocessing of materials
potentially injurious to
ige of other materials or
om the area within the time
e with a plan approved by the
ill change the course, current or cross
waters shall be subject to the provisions
Chapter G. Community-wide structural works for
areas from the regulatory flood plain shall not
dw~lJ constructed in the floodway shall not cause an increase
it>nal flood and the technical analysis must assume equal
e loss on both sides of a stream.
SUBOI IONS: No land shall be subdivided which is deemed unsuitable by the
City f reason of flooding, inadequate water supply or sewage treatment
f ... . All lots within the flood plain district shall contain a building site at or
e the regulatory flood protection elevation. All subdivisions shall have water
d sewage disposal facilities that comply with the provisions of this Ordinance
and have road access no lower than 2 feet below the regulatory flood protection
elevation. In the flood plain district, applicants shall provide the information
required in the Subdivision Ordinance, and the subdivision shall be evaluated in
accordance with procedures in the Subdivision Ordinance.
City of Prior Lake
May 1,1999
11 05/p5
Zoning Ordinance
1105.600: PUBLIC UTILITIES; PUBLIC TRANSPORTATION FACILITIES:
1105.601 Public Utilities: All public utilities and facilities such as gas, electrical, sewer
and water supply systems to be located in the flood plain shall be flood proofed in
accordance with the State Building Code or elevated to abov he regulatory
flood protection elevation.
1105.700: TRAVEL TRAILERSNEHICLES AND
manufactured home parks shall be subje
subdivisions by subsec' n 1105.500. The plac
manufactured homes 0 . 'dual lots of record
plain district will be treate . structure and ma
in compliance with subsec
All manufactured homes v ci"to an adequate foundation
system that resists flotation I'pse and ral movement. Methods of
anchor' include, but are 'cC. limited to, u e of over-the-top or frame ties to
gro This requirem"'~bt is in addition to applicable State or local
ments for resisliJlg wind forces. Travel trailers and travel
t meet the exem"eti~n'criteria specified in subsection 1105.701
'ect to the provis'~~s of this Section and as specifically spelled
1105.602 Public TransDortation Facilities: Transportation facir .
bridges to be located within the flood plain sha
1105.300. Elevation to the regulatory flood protecti
where failure or interruption of these transporta
danger to the public health or safety or wher
orderly functioning of the area. Minor or a
lower elevation where failure or interrup .
endanger the public health or safety.
vel trailers and travel vehicles are exempt from the provisions
if they are placed in any individual lots or parcels of record,
he following criteria:
ve cur licenses required for highway use.
highway ready, that is, they are on wheels or on the internal jacking
tem, are attached to the site only by quick disconnect type utilities
mmonly used in campgrounds and trailer parks and the travel
railer/travel vehicle has no permanent structural type additions attached
to it.
The travel trailer or travel vehicle and associated use must be permissible
in any pre-existing, underlying zoning district.
Travel trailers and travel vehicles exempted in subsection 1105.701 above lose
this exemption when development occurs on the parcel exceeding $500.00 for a
structural addition to the travel trailer/travel vehicle or an accessory structure
such as a garage or storage building. The travel/trailer vehicle and all additions
and accessory structures will then be treated as a new structure and shall be
City of Prior Lake
May I, 1999
11 05/p6
Zoning Ordinance
subject to the elevation/floodproofing requirements and the use of land
restrictions specified in subsections 1105.300 and 1105.400.
1105.702 New or EXDanded Travel Trailer Parks/CamDcrounds/Subdivisions:. New
commercial travel trailer or travel vehicle parks or campgr nds and new
residential type subdivisions and condominium associations q~ expansion
of any existing similar use or dwelling sites shall be subject to ollowing:
(1) Any new or replacement travel trailer or travel vehicle' wed in the flood
plain district provided said trailer or vehicle and it te placed on fill
above the regulatory flood protection elevation an ."""oper ele ..oad access
to the site exists. Any fill placed in the flood p. ~ or::'tj'1e purpose vating a
travel trailer shall be subject to the requirem lJbsection 1105.
(2) All new or replacement travel trailers,
(1) above may, as an alternativ
accordance with the provisions 0
submit an emergency plan for the safe
during the 1 OO-year flood.
s not meeting the Crl
a conditional use, in
~"'. The applicanfmust
of all vehicles and people
shall demonstrate that
t10n. All attendant
vel trailers or other
o as to not be impaired
1105.800 :
1105.801
'1:'::,;
al Permit: Pdq:~::::,:!P granting a permit or processing an
nditional use pe(lPit or variance, the applicant shall verify that
deral fmits have been applied for and/or issued.
he applica shall be required to submit certification by a
ional engineer, registered architect or registered land surveyor
building elevations were accomplished in compliance
is Section. Floodproofing measures shall be certified by a
al engineer or registered architect.
f First Floor Elevation: The Department of Community Development
and N ral ResourcesDirector of Plsnnin~ shall maintain a record of the
eleva!Ln of the lowest floor (including basement) of all new structures and
alt #trons or additions to existing structures in the flood plain. The Department
ommunity Development and Natural ResourcesDirector of PlsnniR9 shall
so maintain a record of the elevation to which structures and alterations or
additions to structures are floodproofed.
1105.804
Flood Insurance Notice and Record KeeDino for Variance Reouests in the,
Flood Plan Districts: The Director of Community Development and Natural
ResourcesPlanning shall notify the applicant for a variance that: 1) the issuance
of a variance to construct a structure below the base flood level will result in
City of Prior Lake
May 1,1999
l105/p7
Zoning Ordinance
increased premium rates for flood insurance up to amounts as high as $25.00 for
$100.00 of insurance coverage, and 2) such construction below the 100-year or
regional flood level increases risks to life and property. Such notification shall be
maintained with a record of all variance actions. No variance shall have the
effect of allowing in any district uses prohibited in that district. ermit a lower
degree of flood protection than the regulatory flood protectio tion for the
particular area, or permit standards lower than those requir law. The
City shall maintain a record of all variance actions, inclu . tification for their
issuance, and report such variances issued in its biennial report
submitted to the Administrator of the National Flood ram.
1105.900: NONCONFORMING USES: A structure 0
which was lawful before the passage or i~t ndment to this Section bu
not in conformity with the provisions 0 s'"is Section
the following conditions:
(1) No such use shall be expanded, change ,
increases its nonconformity.
(2)
Any alteration or additi
which would result in inc
use shall be protected to
with any of the elevation 0
FP-4 flood proofing classific
as further restricted in subsec
a nonconforming st or '1onconforming use
e flood damage p . liiOf that structure or
flood protectio vation in accordance
'ng techni ues (Le., FP-1 through
ate Building Code, except
(3)
s or additions to any nonconforming structure
not exceed 50% of the market value of the
. Section are satisfied. The cost of all
structed since the adoption of the City's
must b Iculated into today's current cost which will
tion materials and a reasonable cost placed on
e current cost of all previous and proposed
dditions exceed 50% of the current market value of the
tructure must meet the standards of subsection 1105.402 for
conforming use is discontinued for 12 consecutive months, any future
building premises shall conform to this Section.
nconforming use or structure is destroyed by any means, including
o an extent of 50% or more of its market value at the time of destruction,
all not be reconstructed except in conformity with the provisions of this
ction. The applicable provisions for establishing new uses or new structures in
subsection 1105.402 will apply.
1105.1000: AMENDMENTS: The flood plain designation on the Flood Insurance Rate Map
shall not be changed unless it can be shown that the designation is in error or
that the area has been filled to or above the elevation of the regional flood and is
City of Prior Lake
May 1, 1999
11 05/p8
Zoning Ordinance
contiguous to lands outside the flood plain. Special exceptions to this rule may
be permitted by the Commissioner of Natural Resources if he/she determines
that, through other measures, lands are adequately protected for the intended
use.
All amendments to this Section, including amendments to th
Rate Map, must be submitted to and approved by the Corn,?
Resources prior to adoption. Changes in the Flood Ins~;;;g;
meet the Federal Emergency Management Ag
conditions and criteria and must receive prior FE
The Commissioner of Natural Resources must be
all hearings to consider an amendment to t
include a draft of the ordinance ame
consideration.
City of Prior Lake
May 1,1999
11 05/p9
SUBSECTIONS
1106.100:
1106.200:
1106.300:
1106.400:
1106.500:
1106.600:
1106.700:
1106.100:
Zoning Ordinance
SECTION 1106
PLANNED UNIT DEVELOPMENTS
Purpose
Findings
Definition
Authorization
Allowed Uses
Minimum PUD Eligibility Requirements
PUD Submission Requirements and PrC?
SECTIO
MIXED USE PLANNED UNIT DEVEL
PURPOSE. The purpose of the Planned Unit De
offer an alternative to de opment as outlined in
and industrial use district . Ordinance. The P
for greater flexibility in the and redevelop
compared to development, r . . e and pre' requirements of the
conventional use districts. TQ'!? PUD "..L. onstrate that the particular
areas to be developed can off~tgr~!!~te'F v ommunity and can better
meet the community's health, ~p..~re, and saf fP equirements than if those
same to be develope~:in a single purpose zone. The PUD process
pr 0 planning/desi9Q(,effort by developers and City officials.
opment ingle purpose"' DJstrict establishes maximum limits within
develop ust perform. T Hlanned Unit Development may be multi-
in nat hat not only y it be residential, commercial, or industrial,
on of these uses. It is not the intent of this
for re r waivers to the standard Use District
ely for the purpose of increasing overall density, allowing the
ts or allowing development that otherwise could not be
The y Council finds that the City and its residents will benefit by
process which permits Planned Unit Development District which will
allow f reater flexibility in the development of a parcel or property by tailoring
the de,!.,." opment to the site and neighborhood. Such benefits include, but are
~>.
not Ii "lted to:
vides a flexible approach to development which is in harmony with the
urpose and intent of the City's Comprehensive Plan and Zoning Ordinance;
(2) More creative, efficient and effective use of land, open space and public facilities
through mixing of land uses;
(3) Create a sense of place and provide more interaction among people;
City of Prior Lake
l106/pl
Zoning Ordinance
(4) Increase economic vitality and expand market opportunities;
(5) Support long-term economic stability by strengthening the tax base, job market
and business opportunities;
(9) Enhanced incorporation of recreational, PUA~JJ
the development which may be made.,:i.rf1ore useable and be mor
located than would otherwise be pr /~(c;. d under conventional deve
procedures. The PUD district also !? es the loper to convey p ..... rty
to the public, over and above reql1lr d tions Ilpwing a portionif~f the
density to be transferred to other parts of t
(6) Increase transportation options, such as walking, biking or bus
(7) Provide opportunities for life cycle housing to all ages;
(8) Provide more efficient and effective use of streets
that support high quality land use development at
(10) ics and open space, and
but not limited to, steep
paid also encourage
uildings;
(11) High quality of design
existing and planned.
uses, including both
1106.300
ment (PUD) is a development of land that is
ed and developed as a whole in a single
ed series of development stages. The
culation ways, utilities, buildings, open
eatures ~::P improvements. A planned unit development
jifinal development plan, as approved by the City
.val of a Planned Unit Development District may allow:
prehensive site design concept a mixture of land uses,
densities.
: Through the departure from the strict application of required
, yard areas, lot sizes, minimum house sizes, minimum requirements,
r performance standards associated with traditional zoning, planned unit
pment can maximize the development potential of land while remaining
sitive to its unique and valuable natural characteristics.
Efficiency: The consolidation of areas for recreation and reductions in street
lengths and other utility-related expenses.
(4) Density Transfer: The project density may be clustered, basing density on
number of units per acre versus specific lot dimensions.
City of Prior Lake
11 06/p2
Zoning Ordinance
(5) District Integration: The combination of uses which are allowed in separate
zoning districts, such as:
a. Mixed residential allows both densities and unit types to be varied within
the project.
b. Mixed
sensitivity of PUD projects, regulation provides increased
if a PUD is utilized.
c. Mixed land uses with the integration of co
project.
1106.500
ALLOWED USES. Uses within a PUD
generally considered associated with
the area on the official Comprehe
uses and performance standard
ordinance and development plan. The P
the proposed land uses and those uses sh
approval of the development plan by the City C
presented in the develoR t plan will be conside
and will follow the proce ified in Section 11
1106.501
Required Standards. The r a prop PUD District from the
point of view of all standards prehensive Land Use Plan
to achieve a maximum coorditt.tio tween posed development and the
ses, the conserVl\! of woodl~ and the protection of health,
re of the comnf' ity and residents of the PUD. To these ends,
all consider th cation of the buildings, compatibility, parking
atures with res ...JJp the topography of the area and existing
uch as streams ~'~large trees; the efficiency, adequacy and
layout of 'nternal streets and driveways; the adequacy
adequacy, location and screening of parking
ch other m as the City Council may find to have a material
stated standards and objectives of the Comprehensive Land
win~ a PUD plan, the City Council must also consider the
evelopment with the Shoreland and Flood Plain district
UD ELIGIBILITY REQUIREMENTS. Projects available for PUD treatment
shall h..... a site which consists of a parcel or contiguous parcels of land in
comm~Q';ownership 10 acres or more in size. An owner(s) of a tract of land less
thanA:~'O acres may apply to the Planning Commission for an exception to the 10-
's requirement pursuant to subsection 1106.601 below.
he City Council may impose additional restrictions or requirements on land
developed under the PUD process. The City Council shall make specific findings
that the restrictions or requirements being imposed furthers, addresses,
promotes or protects the general welfare, public safety, aesthetics, neighborhood
character, environmental features or property values. These additional
requirements may include, but are not limited to, traffic, traffic signals, parking,
City of Prior Lake
11 06/p3
Zoning Ordinance
bufferyards, landscaping, noise, lighting, hours of operation, architectural design
and off-site road and utility improvements.
Exception to 10-Acres Requirement. In the case of a project where the
applicant is seeking an exception to the 10-acres requireme t the applicant
must submit a Concept Plan for review and approval h.e Planning
Commission. The Planning Commission shall decide, ba upon's"lhe criteria
set forth below, whether to authorize the City staff to t and process an
application for a Preliminary PUD Plan for a project les acres:
1106.601
(1 )
(2)
(3)
(4)
The proposed project meets all other
acreage requirement.
There are unique circumstances
assembling 10 contiguous acres.
The proposed project is consi
Comprehensive Plan.
The applicant intends to p vid
public areas than required by this
open space, trails or
All preliminary PUD Plan applications permitte
reviewed based on th' tandards and criteria
Ordinance.
PUD SUBMISSION REQUI.. E
Developments shall be propq}ed a
of this subsection.
1106.700
1106.701
Before filing a.'.~pplication for approval of a Preliminary PUD
t is encourag~,~. to submit a Concept Plan for review and
ity staff. Mater' nd information necessary for a Concept
ap showing the ation and size of the property, and any
ed for t property. The applicant should be prepared
ehensive Plan consistency, relationship of the
pment 0 existing neighborhood, parks and open space,
steep slopes, wetlands and environmentally sensitive issues,
or water management. The applicant may request a
t Plan by the Planning Commission to obtain the
ding comments on its merits.
ry PUD Plan. The preliminary PUD plan provides an opportunity for
ant to submit a plan to the City showing the basic intent and the
ature of the entire development.
cation for a Preliminary PUD Plan. An application for a Preliminary PUD
n shall include all of the following information:
All information required for consideration and approval of a preliminary plat, if a
plat is necessary.
(2) A general development plan including the following:
City of Prior Lake
11 06/p4
~
Zoning Ordinance
Site conditions and existing development on the subject property and
immediately adjacent properties.
General location of residential and nonresidential land uses with
approximate type and intensities of development.
Overall maximum PUD density range.
The proposed type, size and location of all dwelling un'
are proposed.
The general size, location and use of any
buildings on the site.
All public streets, entrance and exit drives a
Parking areas.
Landscaped areas.
Parks and open spaces, public plazasiia"h
A0Ff'?
Site dimensions. ..{!!,j>
Generalized drainage and utilitylans.
Any other information the gi reque
proposed project meets the'fequ oft., ubsection.
A narrative explaining how the Pia n1tDeve'lopment will meet the
stated purposes and objectives of this ion.
~
~
~
~
~
~
~
~
~
~
~
~
(3) Generalized phasing pi
construction and the nu
property to be constructe
eographical sequence of
. gie of nonresidential
(4) Traffic study containing, at
from the site at full developm
nearby a djacent streets, in
peak hour trip generation
ffic on the level of service of
I parking requirements.
(5)
ned Unit Development will meet the stated
n.
ed within to months prior to the application identifying
8the demand trends within this area.
val of a Preliminary PUD Plan.
tion for approval of a Preliminary PUD Plan shall be on a form
y the City which shall include all of the following information:
he name, address and telephone number of the applicant.
The name, address and telephone number of the property owner.
The Comprehensive Land Use Plan designation of the property in
question.
The Use District(s) in which the PUD is proposed to be located.
All data and plans comprising a preliminary PUD plan. No action on a
Preliminary PUD Plan will be taken until all of the required information is
received by the City.
City of Prior Lake
11 06/p5
Zoning Ordinance
(2) The application shall be reviewed by the City staff and a report concerning the
application shall be submitted to the Planning Commission for its consideration
within 30 days of receipt of all material required by this Ordinance for review of
the application.
(3) The Planning Commission shall hold a public hearing
subsection 1109.200. The Planning Commission may
hearing, if necessary, and shall make a recommendation
Plan to the City Council within 60 days of the dat
including all of the necessary submittals, was re
Planning Commission fails to make a recommend
the City Council may then consider the Pr . in
Planning Commission's recommendation.
(4) The City Council may approve the Pre!'
approve the Preliminary PUD PI
Preliminary PUD Plan, or may co
Plan for further investigation and hearing a
(5) The City Council shall render a decision rega
application within 60 day,~~g,tthe Council's initial c
PUD Plan. The City COi'A;,,,. I adopt an ordinan
for the basis of its decisio
(6) has A e City Council, the owner or
applicant may not reapply f6 the same or "v/ . development on the same
6wing the dc:~JrAof denial.
1106.705 al by the Citi";Council of a Preliminary PUD Plan. City
of the prelimi WF;;;' Ian with or without modification shall
pproval as well ermission to file the application for a final
roved pr . inary plan shall serve as the basis for all
esignated PUD district unless substantially
ng to t e procedures required for initial approval; however,
plan approval shall not constitute permission to initiate site
'Idin construction. Such activities must await final plan and
s.
Zoni ap A nded. The official zoning map of the City shall be revised to
incorp)(c.,,;; the new designation according to PUD numerical designation. The
descriRU,~h of the new district will consist of all submissions for preliminary plan
appro'il, as revised to meet the conditions of approval.
PUD Plan. The final plan conveys essentially the same information as the
proved preliminary plan in a more specific and complete manner. The final
plan is the permanent public record of the PUD and may consist of all or a
portion of the area encompassed by the preliminary plan, and shall include
revisions of the preliminary plan as requested by the Planning Commission
and/or City Council. The final plan shall implement the development objectives
established by the approved preliminary plan and may be submitted in project
stages for the entire PUD.
City of Prior Lake
11 06/p6
Zoning Ordinance
1106.708
Application for a Final PUD. The Final PUD Plan shall contain all of the
following information:
(1) A detailed site plan, drawn to scale and suitable for recordi
location of all structures including their placement, size an
streets, parking areas and stall arrangement, walkways
facilities, parking calculations, and open space includin
The site plan shall conform to the approved prelimina
. "'calculations to be
(2) A final plat which meets the requirements of the
required.
(3) A landscape plan showing the location, s'
landscaping irrigation system plan,
features.
(4) A utility plan showing the location and siz
as well as storm water runoff calculations
postdevelopment conditions of the site.
(5) Building plans at a level
made.
(6) Building elevation drawings
materials.
(7) tions, covenan,),. agreements and Articles of Incorporation and
. roposed home'o ners' associations or other documents or
ntrol the use 0 i tenance of property covered by the PUD
is proposed, indicating the geographical
.. timing 0 elopment of the plan or portions thereof including
te of beginning and completion of each phase.
'which the City in its sole discretion may require to fully
nt the intention and character of the PUD plan.
for Approval of a Final PUD Plan.
PUD Plan, consisting of the entire site or at a minimum the first phase
of th tal development, shall be submitted for approval within 90 days after City
cil approval of a Preliminary PUD Plan unless a written request for a time
ension is submitted by the applicant and approved by the City Council. The
inal PUD Plan shall be considered according to the procedure in subsections
(2) through (6) below.
(2) An application for approval of a Final PUD Plan shall be on a form provided by
the City which shall include all of the following information:
-
City of Prior Lake
l106/p7
Zoning Ordinance
~ The name, address and telephone number of the applicant.
~ The name, address and telephone number of the property owner.
~ All data and plans comprising a final PUD plan. No action on a Final
PUD Plan will be taken until all of the required information is received by
the City.
(3) The application shall be reviewed by the City staff and a r
application shall be submitted to the Planning Commisso
within 30 days of receipt of all material required by t
the application.
(4) The Planning Commission shall hold a PYQU~. h
subsection 1109.200. The Planning Co..mrn'is'sibo may continu
hearing, if necessary, and shall make a rbmmendation on the Final
to the City Council within 60 days of th te a compl!?te application, incl
of the necessary submittals, was . ed by tc;,,. City. If the Pia ng
Commission fails to make a reco withi O-day period, thl:! City
Council may then consider the without the Planning
Commission's recommendation.
(5) The City Council shal
application within 60 da
PUD Plan. The City Cou
the basis of its decision.
the Final PUD Plan
. eration of the Final
tng findings of fact for
1106.710
Effect of Approval by the
Plan ap d by the City Cou
be v . f the following
nd developer of a PUD shall execute a
rporate the resolution approving the Final
orth in the resolution. The Development
per to provide an irrevocable letter of credit
financial In n licensed in the State of Minnesota. The form
the irr ..... Ie letter of credit shall be provided by the City. The irrevocable
'$BHr'1!+2:]~<):q',
f credif:;:' ..U be)iipproved by the City. The letter of credit shall reference
lopme tract and be in an amount sufficient to insure the provision
ment 0 provements called for by the Development Contract.
(2) and Maintenance Requirements for Common Areas. If certain
s or structures within the PUD are designated for recreational use,
zas, open areas or service facilities, the owner(s) of such lands shall
appropriate documents in a form acceptable to the City which assure the
ued operation and maintenance of such areas or facilities. These common
as may be placed under the ownership and control of the Landlord; or of
omeowners' Association, if all of the following conditions are met:
~ The Homeowners' Association must be established prior to the sale of
any property in the PUD.
~ Membership must be mandatory for each owner and successive buyer.
~ The open space restrictions must be permanent.
City of Prior Lake
11 06/p8
Zoning Ordinance
~ The association must be responsible for liability insurance, taxes and
maintenance.
~ The landowner must pay its pro-rata share of an assessment levied by
the association and that share if unpaid must become a lien on the
property owned by the landowner.
~ The association must be able to adjust the assessment
needs.
1106.711
Approval and Amendments. The approval of a Pr\?lL
g1;jffi:ii?r'
Final PUD Plan and major amendments to the ap" ed
and Final PUD Plan shall require an affirmative vot 2/3rds
of the City Council. The approval of minor a d pts to the
PUD shall require an affirmative vote of af all the membe
Council.
Minor changes include such as cha
requirements; decreases in resi nti
height, impervious surface and/or requir
have a minimal impact on the overall charac
as determined by the Zoning Administrator;
plan modifications that ot increase parking re
open space; and chan are specified as
approved Development C
Major amendments to a Pr
limited to, changes in approv
plat, incr in residential d
requi reductions in
a . suit in off-sl
UD Plan include, but not
anges to the approved final
, leasable r area, building height, and/or
able open space, and any changes that are
impacts as determined by the Zoning
as provided in subsection (2) below, no
r shall any development occur on land which
d Final PUD Plan.
ich does not conform to the approved Final PUD Plan
er one of the following occurs:
mend ents to a Preliminary and/or Final PUD Plan require notice to
all of property owners within the PUD and approval by the City Council.
GRaR9~"c"F :Js,~ ::s shansec t~&t i:-:creasc confa:-:nity \'.'ith Ord1nance requirements;
decre:i~ee i:-: :-esid::n~k)l density, ICf::391e--f1a:x ars&, =bilding height, ir.1;:ervious
surf;l~e and/or requires ;x1r~ing WO'lided such decreas€€ have a minir.1c::1 im~c::st
4HS-evs:-::1I shc:rc:cter of the C:p;:raves !=inc:l ~Ic:n as aete:-:-:-:i:-:ed by the
. . :stratsr; minsr !:uilding additions an9--flGsr ~em r.1odificatie.1s that
dG---Ret inSFeaS€ ;:c:r-king requireman~: er reffiffia :.Jscat1e----epen :;:ase; ana
shc::ns-::s trrat are specifies as minsr amendmentG in ~hc ::;:;:ro'led Development
Go:-:trast-Minor amendments may be authorized administratively if required by
engineering or other circumstances not foreseen at the time the final plan was
approved and filed.
City of Prior Lake
11 06/p9
Zoning Ordinance
b) Major amendments to a Preliminary and/or a Final PUD Plan inoluding,
Cbo.t not limited to, El":a:-:geS in :ppro'led use Cl3ssifications, ch3nges t= the
3pprO'le~ finsl ~:::~, inSFeaS€ in resiGent~2HieF:€i~y, leas3ble flo::r arcc:, =uH€liflg
Ref~l='!., ana,t~r requH=e9 ;x::-kma, r~~n= in use::91e--ep~:-: ::pase, a:-:El :::-:'1
GAaR9:: ~hat are----afffi:~~ated to resl;:lt in off site im~ssts s€ rmines sy--tAe
Zoning I\dministrator may be made only after a public hearinycted by the
Planning Commission and approval by the City Council. c ang'es shall be
adopted by ordinance and recorded as amendments to t orded copy of the
final development plan. The Development Contract be amended if
necessary.
c) All of the provisions of this Ordinanc
within which the Planned Unit Developmen
the PUD District except as otherwise provo .
d) Review: If substantial deve
after approval of the PUD Zonin D
Planning Commission to initiate rezoning t
be necessary for the City Council to find th
was in error. The applicant may submit a requ
Such request must be a~ ved by the City Coun
expiration of the 12-mon Such extensions
(6) months.
(3)
he City Council of a Final
e conditions, provisions and
UD Plan a Development Contract. For 2
pproval, unless the developer and the City
the City of Prior Lake's Comprehensive Plan,
. ance shall apply to or affect the use,
t, or dedication required or permitted by
bursem r City Costs. The fee for a PUD shall be set by
Reimbursements for City costs, including engineering,
al f~es, shall also be applied to PUD applications and
n of Former PUD Districts. The precedent zoning ordinance treated
nit Developments as overlay districts. The use of land and buildings
boundaries of a PUD approved prior to the effective date of this
e continues to be governed by a unique set of development plan
nts approved by the City Council which may include but are not limited to
lans, grading plans, landscaping plans, architectural plans and ownership
sociation documents. Changes to a PUD approved prior to the effective date
of this Ordinance will be processed under the procedures for major and minor
amendments to a PUD in subsection 1106.711.
(amd. Ord. 01 ~9, pub. 10.'23.'05)
(THIS SPACE INTENTIONALLY BLANK
FGR-Fb:Tb:RE AMENDMENTS)
City of Prior Lake
l106/plO
SECTION 11 06AB
FLEXIBLE DEVELOPMENT IN AREAS WITH HIGH AND MODERATE QUALITY
NATURAL COMMUNITIES
SUBSECTIONS
11068.100:
11068.200:
11068.300:
11068.400:
11068.500:
11068.600:
Purpose and Intent
Findings
Application
Modifications
Submission Requirements and Proce
Development Contract
lan, the City of Prior Lake has
d Cover Mapping" (prepared
ifies and maps the land
ions, the developer must prove that the specified High and
ality Na Communities will be undisturbed by the development. As part of
the City Council may also require enhancement of the existing Natural
he flexible development process may not be used to increase permitted
1I0w uses or dwelling types that would otherwise not be permitted in the
NGS. The City Council finds that the City and its residents will benefit by creating a
pr cess which will allow for greater flexibility in the development of a parcel or property in
areas with high or moderate quality natural communities. Such benefits include, but are
not limited to:
-
City of Prior Lake
1106B/p1
Zoning Ordinance
(1) Provides a flexible approach to development which is in harmony with the purpose and
intent of the City's Comprehensive Plan and Zoning Ordinance.
(2) More creative, efficient and effective use of land, open space and public facilities.
(3) Preserves and enhances desirable site characteristics and open s
sensitive environmental features including, but not limited to, st
trees.
; and protection of
pes, wetlands, and
(4) High quality of design compatible with surrounding land
planned.
11068.300: ApPLICATION. Flexible Development ma
"Natural Resources Inventory and Land
reference) as High and Moderate Quali
densities within these districts in gove
Use Districts, the allowable dwelling unit
the underlying use district. Flexible Develo
of the underlying use district except as modifie
1106B.400.
11068.400: MODIFICATIONS. As part
following requirements of the
ents, modifications to the
approved:
this section shall be identified in the initial
e consistent with the goals and policies of the
an and shall be proved upon a finding that the modification does not
sely affect surrounding properties. Such modifications shall be
the preliminary plat and shall be included in the resolution approving
d in the development agreement required in subsection 11 06B.405
REQUIREMENTS AND PROCEDURES. Developments under this Section
sed and considered according to the requirements of this subsection.
onclan. Before filing an application for approval of a Preliminary plat, the applicant
,z".......uraged to submit a Concept Plan for review and comment by the City staff.
. lals and information necessary for a Concept Plan include a map showing the
location and size of the property, and any preliminary plans developed for the property.
The applicant should be prepared to discuss the following: Comprehensive Plan
consistency, relationship of the proposed development to the existing neighborhood,
parks and open space, streets, utilities, steep slopes, wetlands and environmentally
City of Prior Lake
1106B/p2
Zoning Ordinance
sensitive issues, and drainage and storm water management. The applicant may request
a review of the Concept Plan by the Planning Commission to obtain the Commission's
nonbinding comments on its merits.
1106B.402 Preliminarv Plan. The preliminary plat plan provides an opportunit for the applicant to
submit a plan to the City showing the basic intent and the gene ture of the entire
development.
1106B.403 ADDlication for a Preliminarv Plan.
all of the following information:
(1) All information required for consideration and appro
(2) A plan for development meeting all of the
Ordinances, and a description of the impa
or moderate quality natural environment.
(3) A list of the requested modifications,
modification.
the justification for each
(4) A statement showing how
objectives of this subsecti
1106B.404 n application for Flexible
the e manner as a preliminary
rdinance. Upon approval of a
r a final plat, as provided in the
1106B.405 ncil shall adopt a resolution including findings of
reement. The City and developer of a Flexible Development shall
a De,\.,,~ent Contract as part of the final plat which shall incorporate the
apprtiV1Q,9.Ji'i,!!!t"re Flexible Development and all conditions set forth in the
The D~~~lopment Contract shall require the developer to provide an
tter ofefedit provided by a financial institution licensed in the State of
e form for the irrevocable letter of credit shall be provided by the City. The
tter of credit must be approved by the City. The letter of credit shall
Development Contract and be in an amount sufficient to insure the provision
ent of improvements called for by the Development Contract.
mg and Maintenance Requirements for Common Areas. If certain land areas
ctures within the Flexible Development are designated for common open areas, the
owner(s) of such lands shall execute appropriate documents in a form acceptable to the
City which assure the continued operation and maintenance of such areas or facilities.
These common areas may be placed under the ownership and control of the Landlord; or
of Homeowners' Association, if all of the following conditions are met:
City of Prior Lake
11 06B/p3
Zoning Ordinance
~ The Homeowners' Association must be established prior to the sale of any
property in the PUD.
) Membership must be mandatory for each owner and successive buyer.
~ The open space restrictions must be permanent.
~ The association must be responsible for liability and
maintenance.
~ The landowner must pay its pro-rata share of
association and that share if unpaid must become
the landowner.
~ The association must be able to adjust the ass
(Amd. Ord. 106 00, j:L:c. 12.QtOO)
City of Prior Lake
1106B/p4
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:
1107.202
May 22, 1999
Zoning Ordinance
SECTION 1107
GENERAL PERFORMANCE STANDARDS
Purpose and Intent
Off-Street Parking Areas, Paved Areas and Loading S
Number of Required Off-Street Parking Space
Signage
Interpretation
Exempt Signs
Permitted Signs; No Sign Permit Require
Permitted Signs; Sign Permit Require
Permitted Sign Area; Business and I
Calculating Sign Area
Prohibited Signs
Calculating Advertising Display Area
Sign Permit Requirements
Maintenance
Lapse of Sign Permit
Cancellation
Removal of Signs
Lighting
Landscaping and Screenin
Bufferyards
Tree P
Arc
- onfor
provIsions of subsection 1107.100 through
e the g performance standards which are applicable to all
ecifically noted in other Sections of this Ordinance.
ING AREAS, PAVED AREAS, AND LOADING SPACES
Puroo./ Regulation of off-street parking and loading spaces in the Zoning
Ordinar!g~ is necessary to alleviate or prevent congestion of the public right-of-
way 9,dp1 to promote the safety and general welfare of the public. Regulation is
ac~~,rf1plished by establishing minimum requirements for off-street parking of
"Icles and loading and unloading operations associated with their use for the
es regulated by this Ordinance by analysis of the intensity, duration, time and
style of utilization of the land or structures in or from which each use is
conducted.
Aoolication of Off-Street Parkinc Reculations. The regulations and
requirements set forth in this Section of the Ordinance shall apply to all Use
Districts except the "G-JTC" Town CenterSpeckllty Business Use District.
Applications for all occupancy permits shall be accompanied by a site plan drawn
City of Prior Lake
l107/pl
Zoning Ordinance
to a readable 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 w
been issued prior to the effective date of this Ordinance whic
on its effective date shall be exempt from the parkin
Ordinance if the structure is completed within 6 months
this Ordinance. In such cases, the parking and loadi
structure or use must comply with the Ordinanc
effect at the time the permit was issued.
(2) Reduction of Existing Off-Street par~~paiijiiii~:~ce. Off-street p
loading spaces existing upon the effec ..., date of this Ordinance sha
reduced in number unless their numb eds theift!?quirements impos
similar new use by this Ordinance;;:!i if the ~.&j~t!!1g parking meet ore
than 90% of the requirements of this See I 'rn'oer<bf parking spaces may
be reduced to 90% of the requiremen e purpose of establishing
landscaping where such a reduction is neces construct a landscaping or
bufferyard improvemen equired by this Ordina he creation of a required
bufferyard shall not furt uce the number of . blearking spaces. In
the event compliance w eryard requirem Id reduce existing
nonconforming parking the Ordin~nce requirement, the
requirements of subsection
(3) Floor area shall
oor parking an
rea of a struct
spaces which
When a build' s design capacity is used for purposes of
- treet parking spaces, that design capacity shall
d by ading specified in the Uniform Building Code in
the determination is made.
s in p'0...,0Q,frPublic Assembly. In stadiums, sports arenas, structures
. .,,+Z'0~ii>~4&i;i<~!;>" .. .
s Instltutl~ns and other places of public assembly In which patrons or
occuBY'...'benches, pews, or other similar seating facilities, each 28
such seating shall be counted as one seat for the purpose of
g the requirements for off-street parking where the parking
nt is calculated by application of a formula based on the total number
culating Space. When the calculation of the number of off-street parking
paces results in a fraction, each fraction of 1/2 or more shall require another
space. When a single site contains various uses, the parking requirement
calculation of each use shall be totaled prior to the final rounding of the overall
parking requirement 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
City of Prior Lake
May 22, 1999
11 0 7/p2
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 "R" Use
District may be utilized only for parking passenger automobiles, except that 1
truck not exceeding 1.5-ton capacity may be parked inside ilding on the
resident's property by the occupant of each dwelling unit. ~d parking
facilities or public right-of-ways in any "R" Use District sh sed for open-air
storage of commercial vehicles, customer's vehicles, les belonging to
employees, owners, tenants or customers of b manufacturing
establishments.
~
~
A religious institution where...
Condominium developments wher
or within a garage on a separate par
development.
Free-standing
recreational use
located within 50
R~, R-2,~ and R-
Use Permit. Such
subsection 1107.203
{a.
(9) Location of Parking Facilities. Required oft~~tt@~t rking in the
ems ~ 3 Use Districts shall be on the s...."....s lof'as the building
principal use, except in the cases of:
subsection 110 03.
hg is designed on a lot
ithin the same condominium
~
rking lots accessory nonresidential or
ted within the sam Use District, and
existing use, m rmitted in the R-1,
subject to ~ roval of a Conditional
t lI"the provisions listed in
, and Section 1107.204.
(10)
d Use. Should a structure contain 2 or more
rking spaces required for each use shall be
s for joint parking arrangements can be
7.203(12).
acilities. When required accessory off-street
are provide on a lot other than the lot on which the principal
the following requirements shall be met unless other
afking is provided under subsection 1107.203(12).
pavedp destrian way from the off-site parking facilities to the use
ed has been provided and is properly maintained.
e off-site parking area and the lot on which the principal use is located
in the same ownership, or the use of the parking facilities shall be
ed by Covenants that run with the land on both the lot on which the
ing facility is provided and the lot on which the principal use is located. The
anner 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
City of Prior Lake
May 22, 1999
11 07 /p3
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 treet parking
purposes.
e. The off-site parking shall be maintained until 0
or an alternate off-site parking facility which meet
Ordinance has been approved by the Zoning AdmiQj;;.
(12) Joint Parking Facilities. Off-street pa
collectively in any Use District for more th
conditions are met:
a. The applicant demonstrate~;"
the hours, size and mode of operation
adequate amount of parking available to
operation to meet the needs of such use.
b. The joint use of ing facilities shall b y Covenants that
run with the lots housin int users and th lots on which the
parking facility which sati if. requirem of this Ordinance is
provided. Those Covenants f th conditions of the joint
agreement and shall grant a ~io the joint principal use lots.
The manner of execution an "tent of su ovenants shall be in a form
approv e City Attorney a.;;.;; the docume t containing the Covenants shall
be r the County Re~irder or the Register of Titles for Scott County.
P nant shall reim' se the City for the costs of legal review.
for the joint use shall be based on the
8 shall not be fewer than the minimum
rdinance for the use which requires the most
arrangements shall not qualify for "proof of parking"
ny cha use or in the conditions of the joint parking agreement
he joint .'. rking agreement. Any parties to the nullified joint parking
agree '..'.f..t whicnf cannot meet the required parking shall become illegal uses
and shall.lose their Certificate of Occupancy.
Use 9;;;; Parking Area. Required off-street parking space and the driveways
prq~i~lng access to them shall not be utilized for storage, display, sales, rental,
;;~fepair of motor vehicles or any other goods, the storage of inoperable
hicles, 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.
City of Prior Lake
May 22, 1999
1107/p4
Zoning Ordinance
1107.204 Desian and Maintenance of Off-Street Parkina 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.
Total
Width
(2) Parking Spaces. Each parking space shall not be less
18 feet long exclusive of access drives. Each parking
access drives which shall have the minimum di
following table. Each parking space shall be locat
color on the concrete or asphalt surface.
Stall Angle Curb
(in degrees) Length
45 12.0'
60 10.0'
75 9.0'
90 8.
20.0'
20.5'
Parallel
* One-way aisles only.
**When parking is provided
reduc 0 feet provided
use
, the total bay width may be
is predominantly for long term
~
~'I,.<,~
~I
-~
r~
L, ~
,~
~
c ':S
~
~
~ ,.-.-,,,,
~/
/'
A = Stall Angle
B = Curb Length
C = Vehicle Projection
D = Aisle
E = Total Width
F = Stall Width
ped Parking Spaces. The size, number, and location of stalls
for "Parking for the Handicapped" shall be provided and identified as
d by applicable regulations.
urn 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.
(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
City of Prior Lake
May 22, 1999
11 0 7/p5
Zoning Ordinance
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 surf water. Such
paving material shall be approved by the City Engineer.
(6) Drainage. There shall be adequate drainage of the
paved area to a public storm sewer or to other app
Plans for surfacing and drainage of all parking 10
paved areas of 6,000 square feet or more ha
Engineer.
(7) Lighting. All parking lots containing
an average horizontal illumination of
average horizontal illumination withIn
All lighting shall comply with subsection 1
to adjacent properties cannot be deter,.
submitted to the Community Development &
review.
(8) Traffic Islands. Raised
where it abuts vehicle cir
islands shall also be provid
of any parking row
driveways fqr raffic control. Raised
rian arid vehicular traffic.
(9)
curb shall be provided around
cars or m e unless it is demonstrated by a
'11 impede the planned overland drainage. In
tment may be approved if it restricts vehicle
~a, protects the pavement edge, and
in place concrete curb or other pavement
all internal access roads. Curbs or other
pro vent parked vehicles from overhanging property
g plant materials.
"'lot screening shall be provided on the perimeter of any
reening shall be provided using a combination of shrubs, coniferous
trees, e",,'" ing, berming, etc., to minimize the effect of headlights and reflected
light frQrfl bumpers, grills and headlights. Screening must attempt to address at
least % of the perimeter where views of the parking lot could originate.
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
must be used in combination with other elements such as landscaping and
fencing.
City of Prior Lake
May 22, 1999
1107/p6
Zoning Ordinance
d. Plant materials must be spaced no more than 30 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 f
counted as screening.
f. All parking lot landscape areas shall be sep
surface by cast-in-place concrete curbs of an
Bituminous or precast concrete curbs or similar cur
(11) Bufferyards. When an off-street parking ar
area of 1,500 square feet or more is loca
Type B, as defined in Section 1107.
parking lot or paved area and street
the property line shall be excluded f.
If there is insufficient space for the require
paved area existing on the effective date of tli
way, part of the requir~Qplant material may be
way under the following fi'." . 'ons:
a. Such material do
requirements restricting Ji~ual
obstructions at intersections.
eets all Ordinance
ctions including visual
. ent with public landscaping schemes.
Ing is approved by the City Engineer.
areas shall e subject to the requirements of front yards and
a street in all "R" Use Districts, except that in the "R-1", "~ ~~
'ets, parking for a detached single family or two family
d in the front yard under the following conditions:
ere is 0 other location on the lot where parking is practical, and the
nt yard offers the only place where the required parking can be
ated.
otal parking and driveway area does not occupy more than 30% 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
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.
City of Prior Lake
May 22, 1999
1107/p7
Zoning Ordinance
~ A solid bumper, curb or fence not more than 3 112 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 resi . I developed
property, a bufferyard Type C, as defined in Section 1107.20 e installed
between parking lot and abutting property. Off-street park' aces and access
drives for nonresidential uses shall be setback a mini 20 feet from any
side or rear lot line abutting an "R" Use District. (Amd . pub. 5/22/99)
(14) Maintenance of Off-Street Parking Space..!) 'C')'. owner a
maintain the parking space, access ways, lan.d.l1i~~Ring~bufferyards,
fences in a neat and adequate manner.iib
(15) Additional Parkino Reouirement,s.
and 1-1 Zonina Districts refer to S
1102.1405 resoectivelv.
1107.205
Drivewavs. The purpo
slope standards for driv
with drainage and utilit
erosion by requiring a h
drainage to the street via e
This subsection shall apply t
of this subsection is to . e minimum setback and
onstruction. The in ~/Jo reduce interference
by providing s '?I,QR/standards; reduce
all driveway$: and provide positive
driveway slope standards.
(1 )
(2)
dicated on the subdivision grading plan.
~the provisions of this subsection may be
ity Engineer.
ay shall not exceed 10% maximum slope. In
hen unusual topography or existing conditions of the property
e with this subsection, the City Engineer may approve a
xceeding 10%.
struc . s which are deemed by the Zoning Administrator to have
ccessto a public or private street and have door openings exceeding
width shall have a bituminous or concrete surfaced driveway to access
reo
loc3ted witr.i~ t~e Metropolit=~ ~:"t~gn SeP.4Ges .~e= ~) aJ
sn tl":e-Gor.1prehensivc PIe;" Driveways shall be surfaced with
tuminous, concrete or other hard surface material, as approved by the City
Engineer. In agricultural areas outside the MUSA, driveways shall 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.
(6) The minimum corner clearance from the street right-of-way line shall be at least
30 feet to the edge of the driveway.
City of Prior Lake
May 22, 1999
11 07 Ip8
Zoning Ordinance
(7) For residential uses, the width of the driveway access shall not exceed 24 feet at
the right-of-way line. No portion of the right-of-way may be paved except that
portion used for the driveway.
(8) For all other uses, the width of the driveway access shall not
width measured at the street right-of-way line. No portion
may be paved except that portion used for the driveway.
(9) On lots not meeting the minimum width requirements
driveway setback may be reduced subject to the fo
~
~
The driveway will not interfere wi
The location of the driveway
to ensure that it will not caus
A shared driveway may
owners providing a reg
the combined width of the
righ-of-way line.
All other provisions of subsection
must be m
~
~
(10) On lots with concrete side
to the sidewalk.
(11 )
tions and Additions: A driveway permit approved by the City
t any replacement, alteration or addition to an existing
the length and width approved as part of the original
permit is subject to a fee established annually by resolution
Nu ER OF REQUIRED OFF-STREET PARKING SPACES. The minimum
ber of required off-street parking spaces for the following uses shall be as
lIows. 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
requirement is listed in the Ordinance and the proposed use in determining the
parking requirement.
City of Prior Lake
May 22, 1999
11 07/p9
1107.301
Residential Uses
USE
Single-Family Dwelling
Cluster Housing
Two-Family Dwelling
Multiple Dwelling
Elderly Housing
Rooming House
1107.302
Human Care Uses
USE
1107.303
Institutional Uses
USE
Zoning Ordinance
I
REQUIREMENT
2 parking spaces for each dwelling unit, plus 1
additional parking space for each r:Qflm~r.
2 parking spaces per dwelling.
2 parking spaces per dwelJjg
2 parking spaces per <J.iWlling.
0.5 parking space r{a~l3l1ing. 4000
parking require be met with p
parking.
3 persons for whom
e provided.
pa
Mimi
Jrs<F
';0:2:0ti::';3t~:/
arking spaQes for each 5 seats plus 1
rking spacefor each 250 sq. ft. of floor
*~~a not used for seating. If fixed seats are
rf~~,~vided, the requirement shall be 1
sp"ijfjefor every 35 sq. ft. of seating area.
A/ff,
.;i'parking spaces plus 1 for each 5 program
. participants based on facility's licensed
capacity
2 parking spaces for every 5 beds offered
for residence purposes.
1 parking space for each 350 sq. ft. of gross
floor area
1 parking stall for every 250 sq. ft. of floor
area
1 parking stall for every 200 sq. ft. of floor
area
5 parking spaces plus 1 for every 5 beds
offered for residence purposes.
REQUIREMENT
May 22, 1999
City of Prior Lake
11 07/p 1 0
Zoning Ordinance
I USE
I Community Centers
l Libraries/Museums/Art
Gallery
Playgrounds and Play
Fields
Golf Course
I Archery or Golf Driving
, Range
I Miniq!.yr/?.G.,. olf
.^,~".^,,,,,,,,,,,,,,,,,,c,,,,,,,,
Schools (Elementary &
Junior High)
REQUIREMENT
Parking requirement will be based on the
uses within the building.
At least 1 stall for each 300 s
floor area in principal struct
At least 2 stalls per acr
and 40 parking spac
When a public rec
one use designatl
spaces must
separately m of those use
require ts shall be the total numbe
spac uired.
At trl!!~olf hole plus 1
~~~~~ ~nd~~f'II;",;,,~qom~~~~~~:e~I~~ I~~~:~
contains dinin r facilities, the parking
requirement for ants with liquor shall
apply. The sum o 'requirements
be the total num spaces.
ace for' each target or driving
ing space for each 3 seats based on
e;!. 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.
N, least 2 parking spaces for each
classroom, or 1 space for each 5 seats in
the primary assembly area, whichever is
greater.
May 22, 1999
City of Prior Lake
11 07/p 11
Zoning Ordinance
USE
REQUIREMENT
~I
Schools (High School
through College)
At least 1 parking space for each 5 students
based on design capacity plus one for each
2 classrooms.
Bank/Financial Servi
1 parking spa
floor area b
Ord. 1 05;,Q.; pu
5 pa~.~jn9 spaces, pl..lJs 1 space per 10 k
Iftr:~iT~till~;.~~!asses taKe lace on site, 1 sp
per partiK' , lu. ~ce per employe~, not
to excee vailable spaces. (amd. Ord.
105-01, pub
1 parking space'l'"
..~rea.
1107.304
Commercial Uses
USE
Animal Hospitals
Animal Kennels
Bed and Breakfast
....'~. parking space per student calculated by
~~ference to the design of the school structure
Pl!L~J(;.~pace for each classroom.
fir);lF
1.parking space for each 3 seats calculated by
fi"'eference 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.
1 parking space for each 3 seats calculated by
reference to the design capacity of the meeting
hall.
I FotdService
1 parking space for each 25 square feet of
customer floor area.
Hotel/Motel
Motor Fuel Station
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.
8 parking spaces plus 4 additional parking
-
City of Prior Lake
May 22, 1999
1107/p12
USE
Zoning Ordinance
Motor Vehicle Service and
Repair
Boat Sales and Repai
Garden Supply, or Build
Material Sales.
Offices and Medical/Dental~:)
Labo s with floor
ar 0 square feet
~'~';\\
Ofti~es and Medical/Dental
~!i!pbratories having more
'tl1an 400,000 square feet
. of floor area
Open Sales or Rental Lots
I Printing Process
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 th quired
parking may be at the pump '~i' A
maximum of 50% of the g required for
service bays may be st arking in stalls
which have minimu9J.' s of 7.5 feet
wide and 16 feet l2.09: If a uel station
contains convenienQ~ grocery service,
the standard a"Ch use shall,;i;y...,Rlied in
addition t irement stated a66lle~
'iY:/'i(y:^;:(;.fp;j,
4 par'
pur
s
400 sq.
parking ma
have a minim
16 ft. long.
ce per 800 sq. ft. of
loor area over 1,000
every 250 sq. ft. of floor
space for each 275 sq. ft. of floor
1 parking space for each 300 sq. ft. of floor
area.
1 parking space for each 325 sq. ft. of floor
area. Where more than one office building is
part of a single development, the total space
may be aggregated provided that other means
of reducing parking permitted by this Ordinance
are not applied.
1 parking space for each 2,500 sq. ft. of land
which is to be used for sales and display area.
1 parking space for each 100 sq. ft. of customer
May 22, 1999
City of Prior Lake
1107/p13
USE
Bowling Alley
Pool HallsNideo Arcades
Skating Rink or Public
Auction
House
Sports/Health Clubs/
Physical Culture Studio/
Swimming Pool
Theater, Auditorium,
Assembly Hall, Meetin
Hall
Restaurants With Liquor
Store anaiiService
)(;.';^/
ishment"where less
% of the Gross
rea is Customer
Ar nd where Product is
P' ed up or Delivered by
tron.
Shopping Centers with
over 100,000 square feet.
Shopping Centers with less
than 100,000 square feet.
Grocery Store with
Shopping Centers
Zoning Ordinance
REQUIREMENT
floor area.
5 parking spaces for each alley. Other uses
which are commonly associate with bowling
alleys such as restaurants a e room
space will require addition in nd loading
spaces, the number of hall be
determined by the pa irements for
those other uses s subsection.
1 parkin
court area
racquetball co
50 sq. ft. of dec
.<iseats of design
each 50 sq. ft. of gross floor
. ing space for each 180 sq. ft. of gross
w
.fl or area. If, however, the merchandise
'displayed for sale is large such as furniture,
carpeting, large appliances, or automobiles, the
parking requirement shall be 1 parking space
for each 500 sq. ft. of gross floor area.
1 parking space for each 100 sq. ft. of customer
floor area.
1 parking space for each 200 gross sq. ft.
1 parking space for each 220 sq. ft.
1 parking space for each 180 gross square feet
of floor area.
City of Prior Lake
1107/p14
May 22, 1999
Zoning Ordinance
USE
REQUIREMENT
Food Services including
designated seating areas
within Shopping Centers
Studios
1107.305
Industrial Uses
USE
Manufacturing, Fabricating
or Processing of a Product
or Material
Outdoor Storage
'Warehouse, Storage,
I Handling of Bulk Goods
1107.306
1 stall per 200 sq. ft. of gross floor area for up
to 2% of the gross floor area of the shopping
center. Food Service exceedin 2% of the
gross floor area of the shoppi nter gross
floor area shall require 1 stzsq. ft. of
customer service area.
1 parking space for
area.
1 II be provided for each
413:000 sq. ft. and devoted to outside
,",~torage.
.;~,,~ parking spaces plus 1 parking space for
e 00 square feet of floor area devoted
to Ice, processing or service plus 1
;!}" rking space for each vehicle customarily
'kept on the premises.
1 space for each 10 storage compartments
which shall be distributed throughout
storage area.
1 parking space for every 400 square feet of
floor area.
Specific requirements shall be determined
by the zoning administrator based on a
traffic and parking analysis for the terminal.
1 parking space for each 1,500 sq. ft. of I
floor area. ~
Proof of Parking. For any parking lot for 30 400 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
City of Prior Lake
1107/p15
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
amount of parking equal to the difference between the total
parking and the amount of parking required to be paved
parking area] is suitably landscaped and curbed to
subsections 1107.204.
(3) The proof of parking area is clearly delineated 0 th~;~parking pia
(4) The paved portion of the parking
1107.204(5).
(5) The proof of parking area is 119
requirement of this Ordinance, is not loc
is required by the City Codes to be used fo
an area occupied by a building.
ny other lands9~ping
rea on the site/which
poses, and is not located in
The property owner is
property of the parking st
uent owner of the
The City may, in its sole I retio
paved and striped in such a
1107.204(2) and 1107.204(5)
spaces ite.
at the roof of Parking area be
quirements of subsections
number of required parking
1107.307
aces in the "R-34" Use District or "C" Use
'proposed principal structure or totally
all apply:
d as lot area for each space so placed to
wable square footage of building on the site.
e principal structure by any floor that is totally used for
principal structure shall not be included to determine the
yards.
Bonuses. The maximum floor area which may be added to a building
parking spaces in or under the principal structure shall be equal to not
more.t n 1/3 the net floor area or 1/3 the number of dwelling units, whichever is
pp .!!Hable.
on-Conformino Parkino 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 Loadino 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
1107/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
maneuvering areas, and the necessary screening walls.
(2) Location. All loading berth curb cuts shall be locat
intersection of 2 street rights-of-way. No loading b
50 feet from an "R" Use District unless it is en ir
facilities shall not occupy the required front
the loading berth is directly from the stre
access exists, this screening requirem
"G-3TC" Spesi::lty BusinessTown
loading areas, only if there is no off~s
(3) Size. A loading dock shall have a berth area
long.
(4)
Access. Each loading
public alley in a manner
cation shall permit ve
st interfere with tr
(5)
Surfacing. All loading facil
or concrete paving to control
'be paved with bituminous
(6)
eened fro view from the adjoining streets
" Use District with a buffer yard. Materials
's a minimum of 10 feet high when installed.
. s with the principal structure. The width
e shall be excluded from the bufferyard
uired loading berth or access drive shall be used for the storage
able yehicles. It may not be included as a part of the space
'ff-street parking requirements.
treet oarkina soaces shall be located in areas where it mav,
'sibilitv for adiacent intersections. Refer to Section 1101.506 for
traffic visibilitv reauirements.
NAGE. The purposes of these sign regulations are: 1) to encourage the
ffective 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
1l07/p17
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
contained in subsections 1107.900 and 1107.1000.
height are
1107.501.
Sign Definitions:
Address Sign. A sign consisting
written or numerical form which is
requirements.
Advertising Sign. Any perma
structure, advertising products, services, c
activity not offered at the location of the sign
premises on which the s' is located.
Athletic Field Si
athletic field fences or sco
policy.
Animated Sign. An
depict action or create a speci
parts, ible mechanica
the interior-facing of
accordance with City
ent or change of lighting to
ns with visible moving, rotating
co er projecting from a building, which may
the building.
sign which is printed, painted or attached to a
s secur rmanent structure or the ground in a manner that
to move about within the atmosphere.
ethered. A temporary sign which is printed, painted or
which is attached to a rope, chain, string or other device,
bout within the atmosphere.
nner Sign. Any temporary sign of lightweight fabric or similar material
o be hung either with or without frames, possessing characters, letters,
ns, or ornamentations applied to paper, plastic, or fabric of any kind.
al flags, state or municipal flags, or the official flag of any institution or
Iness shall not be considered banners.
Beacon. Any light with one or more beams, capable of being revolved
automatically or being directed into the atmosphere or directed at one or more
points not on the same lot as the light source.
Bench Sign. A sign attached to or painted on a bench for seating.
City of Prior Lake
May 22, 1999
1107/p18
Zoning Ordinance
Billboard Sign. A billboard, poster panel board, painted bulletin board or
other communicative device which is used to advertise (billboard) products, goods
and/or services, any part of which are not sold, produced, assembled,
manufactured, furnished or otherwise related to activities conducted on the
property on which such sign is located.
Building Marker. A sign carrying the name of a
erection, monumental citations, commemorative tablets an
into stone, concrete, or similar material or made of br
permanent type of construction and made an integral
Business Sign. A sign relating in its
which it is located or to products, accommodaf
the property.
Changeable Copy Sign. A si
or illustrations that can be change
surface of the sign. The electronic or me
or stock market data shall be considere
changeable copy sign for the purposes of this
Construction Si
contractors, architects, a
site where the sign is place
thereon.
me(s) of principal
construction on the
d information included
Directional Sign. A
lar and pedestri
and/or location
dings and chur
sign promoting the candidacy of a person
or promoting an issue to be voted on at a
Message Sign. A sign which shows messages and graphics
rical pulsations, other than public service signs.
shing" gn. An illuminated sign on which the artificial light is not
constant in intensity and color at all times in which such sign is in use
which by mechanical means appears to simulate a flashing sign.
reestanding Sign. Any sign supported by structures or supports that are
on, or anchored in the ground and that are independent from any building
her structure.
Ground Monument Sign. A block type sign structure not supported by
poles or braces, but rather placed directly on the ground.
Illuminated Sign. Any sign which has characters, letters, design or
outlines illuminated by artificial light directed to or from the interior of the sign.
City of Prior Lake
May 22, 1999
1107/p19
Zoning Ordinance
Incidental Sign. A sign having a face which meets Department of
Transportation standards and which is located on private property. An incidental
sign has a purpose secondary to the primary use of the property on which it is
located, such as "no parking", "entrance", "loading only", "telephone", and other
similar directives. No sign with a commercial message shall be considered
incidental.
Institutional Signs. A sign which identifies
characteristics of a public or semi-public institution on th
is located.
Interior Building Design. Any sign in 'de
window or door, which is not legible from a dis
lot line of the property on which such sign is
Lake Service Sign.
arriving by watercraft.
Legal Non-Conforming Sign. Any
lawfully erected and maintained prior to such ti
this Code, and any a ndments thereto, an
applicable regulations an . tions of this Ordinan
Marquee Sign. A
marquee is defined as a per
wall at an entrance to a bui
building's wall and generally
agains ther.
to or made. of a marquee. A
ture riOjecting beyond a building
and projecting beyond the
tructed to provide protection
icates selections available at businesses that
a fast food establishment.
Announcements of concerts, plays,
in the windows of consenting
.~n. A sign which has been painted directly onto a building
erial as a base of the sign.
nant. Any lightweight plastic, fabric or other material, suspended from
e, or string, usually in series, designed to move in the wind.
ortable Sign. Any temporary sign not permanently attached to the
or other permanent structure, or a sign designed to be transported,
ding but not limited to, signs designed to be transported by means of wheels,
gns converted to A or T frames, and signs attached to or painted on vehicles.
Projecting Sign. Any sign other than a wall sign affixed to any building or
wall where the leading edge extends beyond the building or wall.
Public Service Sign. A sign that displays time, weather, stock market
data or public information other than advertising for a product or service.
-
City of Prior Lake
May 22, 1999
11 07/p20
Zoning Ordinance
Public Sign. Any public notice or warning required by an applicable
Federal, State, or local law, regulation, or ordinance; signs of a non-commercial
nature and in the public interest, erected by, or on the order of a public officer in
the performance of public duty such as directional signs, regulatory signs, warning
signs, signs for parks, and for public buildings and informational s'
Real Estate Signs. A temporary sign erected
purposes of advertising the sale or lease of a particular b. .
Roof Sign. A sign erected upon or above a
above the eaves in the case of a hip, gable or m sa
roof is less than 60 degrees from the horizont
Rotating Sign.
means.
Semi-Public Use. A use owned
charity dependent institution and providin
religious or similar types of public programs.
on-profit, religious or
cultural, recreational,
Shopping Cent
complex that contains at I
store) and secondary tena
complex for the purpose of t
'fying a shopping
cery or department
onsidered a shopping
Snipe Sign. Sign(s)
way to a utility
operty.
tsoever that is painted on or
any object located or situated on
"anner sign which is stretched across and
advertises public entertainment or a public
rence Signs. Signs erected that, by reason of position,
olor w <f' interfere in any way with the proper functioning or purpose of
n or signal.
all Sign. Any sign attached parallel to a wall, or which projects less than
s from the surface at all points of the building or structure, and which
s only one sign surface.
Window Sign. Any sign, picture, symbol, or combination thereof, designed
to communicate information about an activity, business, commodity, event, sale, or
service that is placed inside a window or within 36 inches of a window, or upon the
window panes or glass which is visible from the exterior of the building.
City of Prior Lake
May 22, 1999
1107/p21
Zoning Ordinance
Works of Art. Artistic expressions, aesthetic treatments, and designs that
do not include a commercial message such as the City logo, "Centennial" emblem,
holiday lights, and decorations with no commercial message.
Yard Sale Sign. An infrequent temporary sign display and sale, by an
occupant, on his or her premises of personal property, including ral household
rummage, used clothing and appliances, provided the e r sale of
merchandise is conducted within the residence or accesso
1107.600: EXEMPT SIGNS: All signs not expressly permi~t~ un
prohibited unless exempt from this subsection by.>>! ute or
The following signs shall be exempt from regul n:
~
~
~
Incidental signs.
Interior building signs.
Off-premises announcem
not more than 2 square
days after the event.
Public signs.
Works of art.
Athletic Fiel
~
~
~
1107.700: PERMITTED SIGNS; No
Table 1 of this subsectio
However, their size, area
subsections 1107.701 through
~.
ncements shall m . . e
oved not latertff~n 8
he signs identified in
require sign permits.
by the provisions of
Real Estate signs
Residential nameplate
Interior window signs
Yard sale signs
Wetland buffer signs
icq: An address sign located on a home or business near the front
shall not exceed 2 square feet in area. Address signs shall be exempt
total display area allowed under subsection 1107.1000.
Idinc Markers: One building marker sign not to exceed 4 square feet is
ermitted per building in all Use Districts.
1107.703
Election Sicns: 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
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
City of Prior Lake
May 22, 1999
1107/p22
Zoning Ordinance
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 within-710 days following the election.
1107.704
No TresDass Sions: "No trespass" and "No dumping" signs not exceeding 2
square feet in area per side and not exceeding 4 in number, t, in "R", "C"
and "I" Use Districts are permitted. In "A" Use Districts, sue .hall not be
less than 300 feet apart.
1107.705
Public Rioht-of-Wav Sions: No signs shall be all
way, except the following signs which are permitt
on behalf of a governmental body to post leg~I.::..Rot
convey public information, identify a comm';'.fY,w".fe valor eve
pedestrian or vehicular traffic; information . Ignsof a public utility r
poles, lines, pipes, or facilities; emer e y signs ..erected by a gove
agency, a public utility company, or ractor doing authorized or pe
~i<:(:
work within the public right of way, lJ1 sand ne'<flper receptacles.
1107.706
me One nameplate sign, up to 2 square feet in area
a maximum of 2 surfaces shall be permitted for single-family
indo ,s: An interior window sign for a business which is part of
of m!?rchandise or display relating to sales on the premises is
Such sign shall not occupy more than 75% of the total window area.
Sions: Yard sale signs are permitted and may be displayed 7 days
e sale and must be removed immediately after the end of the yard sale.
land Buffer Yard Sions: Wetland Buffer yard signs shall not be removed
ithout the written consent of the regulating agency responsible for their
installation.
City of Prior Lake
May 22, 1999
11 0 7/p23
Zoning Ordinance
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.
TABLE 2
SIGNS THAT REQU RE A SIGN PERMIT
I Awning signs . Marquee signs
Balloon signs
''fp:!;::ii
On-pre~es'q!rectional s
Po
I Banner signs
Business signs
Changeable copy signs
Construction signs
I Illuminated signs
I Institutional signs
Lake Service signs
1107.801
Awnino Sions: In a "TC", signs consisting of letters
and/or an identification embl i'.., InSil, other similar design may be
J1>\ ",/::7;1;0"'
rinted on an awhl.~~I,.iprovided the,,/ otal sign area does not exceed
. g surface. AWI1Jl)g signs shall be considered as part of the total
otage allotted'lr the building.
1107.802
: One temporary balloon
in height may be erected for a period of not
a "TC" , "C", or "I" Use District. In no case
3 perml operty be granted during any calendar year. The
t back no less than 10 feet from the property line or right-of-way
r, nor be placed in a location that obstructs the view of
shall balloon signs take up required off-street parking
Bann ions: In a "TC" , "C", or "I" Use District, there shall be no more than 3
tempo~@'~ banner signs on any property. The total area of each banner sign
shall .. exceed 32 square feet. A banner sign permit period shall not exceed
30 c ecutive days. In no case shall more than 3 permits per property be
d during any calendar year. ~s,., signs shall ge-a:C~ayed no longer that.
.d doys per colemlar ~t~c:r. In no case shall banner signs take up required
ff-street parking spaces.
1107.804
Business Sions: In a Town Center, 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.
City of Prior Lake
May 22, 1999
11 07/p24
1107.805
1107.806
1107.807
1107.808
1107.809
1107.811
May 22, 1999
Zoning Ordinance
Chanoeable Coov Sions: In a Town Center, 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.
Construction Sions: On a development project site or in a ~.~H~S.i'i~ision of less
than 30 acres, a maximum of 3 signs not to exceed 1 00 agg~~gateAequare feet
may be erected. For projects of 30 or more acres, a max' '(!J"m of 5 signs not to
exceed 200 aggregate square feet may be erected signs shall be
removed upon development of 90% of the project. hall maintain a
10 foot setback from the property boundary.
Illuminated Sions: Illuminated signs
Commercial, and Industrial Use Districts.
steady, stationary, shielded light sourc
sign, or are internal to them, without
neighboring property.
Institutional Sions: Freestanding or wall i
Use District provided that the total sign area
Internally or externally iUMrninated signs are per
faces an arterial road orT1iHf'((,c or street as identifie
Use Plan. Reflected gla ight from the
footcandle when the sourc
public right-of-way measur
may be no higher than 6 fee
the adjacent street, whicheve
ons: Any b ess which provides a service related to
a lake and is 10c~~~;fi'Hwithin 200 feet of a lake may apply for a
t a lake service iirgn. Signs may be placed, when necessary,
. ritt. Lake service signs shall be no higher than
e n level and the maximum size of such a sign is
are feet in area. If illuminated by artificial lights, the lights must
cted to prevent illumination of or over public waters.
Town Center, Commercial, or Industrial Use District, signs
aced OJ) e vertical face of a marquee and may project from the lower
e marquee not more than 24 inches, but the bottom of a sign placed
uee shall be no less than 8 feet above the sidewalk or above the
e grade of the adjacent street, whichever is higher, at any point. No
e sign shall extend above the top of the roof line for a covered walk or
the top of the vertical face of the marquee, whichever is more restrictive.
s shall not be permitted on a marquee which projects over any public right of
ay, with the exception of "~TC" Specialty BusinessTown Center Use District.
Multiole Residential Nameolate Sions: In the "R-~2" and "R-43" 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.
City of Prior Lake
11 0 7/p25
1107.812
1107.813
1107.814
1107.815
Zoning Ordinance
On-Premises Directional Sions: 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
or required where the Zoning Administrator or designee deems' necessary to
safely direct drivers.
Portable Sions: A portable sign permit period shall n
days. In no case shall more than 3 permits per pro
calendar year. ~sr.a=1c si@lF: :r.a}Lge ::11
d:JYs per saleRsar ysc:r, ;:::sr ;:::roperty, only in,. a
Districts. The maximum area shall be 32 sqJf;;'J~f~et,"and the m
shall be 6 feet. The required setback is t e 'as the building se
Use District. Portable signs shall no e displayed off the premis
business that the sign is intended dvertise, w; the exception 0
advertising public and charitable fqp proved he City. Portabl
may not be used in conjunction with ra Igns as provided In this
subsection. Portable advertising signs th ched to or painted on the
vehicles parked and visible from the public rig ay are permitted only if the
vehicle is licensed and erable and is used by iness or by an employee
of the business for tra tion. In no case s ,g:able sign take up
required off-street parkin ...
Streamers. Pennants (no
for noncommercial, public a
not more than 14 consecutive
be gra calendar year.
streamers and pennants
be erected for a period of
of 3 permits per property may
ermitted in a Town Center, Commercial, or
rized by the City Engineer. Such signs
d 3 days after the public entertainment or
reestanding signs indicating the name of a residential
n, neig/w ood, or business center shall be permitted for the purpose
ent iq~ntification. At each principal entrance to such an area, a
of 2 signs, not to exceed 50 square feet of sign area per side with a
of 2 sides, excluding decorative landscaping and sign base, will be
&, on private property. The maximum height of such signs shall be 10
Ve the natural grade.
mercial and Industrial Districts. Freestanding signs indicating the name
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 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.
May 22, 1999
City of Prior Lake
11 07/p26
Zoning Ordinance
In Town Center, 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 TC, TC-T, C-1, C-2,
G-3,(: 1 and 1-1 districts, the maximum height of the sign shall be 20 feet above
the natural grade. In the C.-&3 district, the maximum height of the sign shall be
10 feet above the natural grade. In the TC, TC-T, C-1, C-2, and 1-1
districts, this sign shall not exceed 100 square feet in ar~" jde. with a
maximum of 2 sides. In the C-a3 district, the sign shall not xceed 80 square feet
per side, with a maximum of 2 sides. Freestanding suO n signs permitted
under this subsection must also be located at Ie ,from any other
freestanding sign. '
(3) Setbacks. In any use district, a Subdivision I
least 10 feet from any property line. The s'
visibility area as defined in subsection 1
(4) and constructed.,by an
ho will be responsible
repared by the proponent
sign or signs over the entire
ney, and to be recorded
't. F: rther, appropriate
operty or properties
recorded prior to the
1107.817 s: Tempora igns shall be allowed in the Town Center,
Industrial Districts for permitted businesses and
nd for advertisi l51ic and charitable events. There shall be
ne temporary sj within the minimum yard setback area
6're than 3 such signs on any property, and the
xceed 32 square feet. A temporary sign permit
xceed 30 consecutive days. Sud~ signs :hall =e-si:~la~~
tel 8ayG in s calendar yesr. In no case shall more than 3
granted during any calendar year. In no case shall
y required off-street parking space nor shall they be used
ortable signs as provided in this Section.
Messaae Sians: In a Town Center, Commercial, or Industrial Use
electronic message sign may be permitted per property subject to the
area requirements identified in subsection 1107.902 for freestanding
Electronic numbers for fuel stations displaying fuel prices are exempt
this provision. An electronic message sign is a sign that is intended to
ow 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 the Town Center and Commercial Use Districts, 1 sign,
32 square feet or smaller, may be permitted for businesses that serve customers
City of Prior Lake
May 22, 1999
1107/p27
Zoning Ordinance
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 Sions: An off-premises direc'
permitted for the purpose of providing off-street directioJJ.
project or a new public, religious or nonprofit institutig ...
following issuance of the occupancy permit.
Such a sign shall not exceed 25 square feet per ac 'th a maxitp.pf 2 faces,
and shall conform to the yard setback requir 0 'the Use Dist"r"
is located. The sign permit shall be limited yer period.
1107.821
Publi~ Service Sions: Public servi
"C" Use Districts and the sign
requirements of this subsection.
be allowed in "T
st conform to all the
1107.822 Strinos of Liohts: Lights strung by wire, c
temporary holiday ligh' ,shall only be allo
Commercial Use Distric lashing or blinking Ii
1107.823 be 3110wed in
f sl;:&seotion
1107.900: ESS AND INDUSTRIAL DISTRICTS: The
e . es signs that are intended to identify or
, product or service that are located or
nS:>g;.il'lthe "C-3a" Business Park Use Districts, the total area of
t wall s;I'~;~'r'shall not exceed 20% of the area of the total building front;
bUildings'over 3,000 square feet of floor area may add one square foot
ace for each 100 square feet of floor space over 3,000 square feet.
-3a" Business Park Use Districts, each principal building shall be
all signage equal to 10% of the area of the front building elevation
public street; provided, multi-tenant buildings with tenant entrances on a
f the building not facing a public street, may have additional signage on
e entrance sides with a maximum aggregate area per building elevation of
% 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 regulations may apply for specific signs,
see Section 1107.800)
1107.902
Freestandino Sions: Within Town Center, Commercial, and Industrial Use
Districts, 1 freestanding sign is permitted per street frontage. In the "C-3a" Use
City of Prior Lake
May 22, 1999
1107/p28
Zoning Ordinance
Districts, the maximum height shall be 6 feet above the natural grade adjacent to
the sign. In the "TC" , "TC-T", "C-1", "C-2" , "e 3", "b 1" 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 "C-a3" Use
Districts, the maximum size of a freestanding sign shall be lfe feet per
side within a maximum of 2 sides. Within the "C-a3" Use ct, the maximum
size of a freestanding sign shall be 80 square feet per . a maximum of 2
sides. No freestanding sign shall extend beyond a or right-of-way
line or be located closer than 40 feet to another fr reestanding
signs must be set back at least 10 feet from e . ht-of-way
line, whichever is greater, with the exception
&.!siRs:: L':e District where a freestanq.!.!)g sign'''' may have a z
(setback measurement will be from the ~rfof the sign closest to the pr
right-of-way line.) (Additional regul s may a for specific sign
Section 1107.800)
1107.1000: CALCULATING SIGN AREA: The area of a
area of a wall sign or ot r sign with only one fac I be computed by means
of the smallest square, ctangle, triangle, or .....J::~ination thereof that will
V"-~,-:'_';~_:!.'~:"':"<::;::::':';'
encompass the extreme writing, represe.............'...Oh, emblem or other
display, together with an lor forming integral part of the
background of the display 0 . t Ign from the baCkdrop or
structure against which it is upports for a sign, whether
they be columns, pylons, or a ereof, shall not be included in
the ca f the advertisin
-AU
H.::>JZ.I""-C::>>-JTAL- \N'P,H
)
,....
I-
:r
l1
II
:r.
.J
~
~~
. \I
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~
..
'I
~
v
1107.1001
dividual 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.
11 07. 1 002
Multi-Faced Sions: 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
City of Prior Lake
May 22, 1999
1107/p29
Zoning Ordinance
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
Coml,lI.Jtation of Maximum Total Permitted Sian Area.: TheKP~ftritted sum of
the area of all individual signs on a property shall be compu:'~0fBy~:applying the
formula contained in subsections 1107.900 and 1107.100 roperties fronting
on 2 or more streets are allowed the permitted sign area h street frontage.
However, the-tet~1 :~gn srea--tl::',::t is . ::F.a}LAet
exceed the perce:-:tage of the building bt::1 si8~t~ a~ is derived
from the-ps:,,::p.itteG-sfg:-: e:-ea-kr ~h: =I:::il~
1107.1004
Setbacks: Unless noted otherwise in relat'
type, all signage shall maintain setback
1107.1100: PROHIBITED SIGNS: Except as explicit
the following signs are prohibited:
~
~
~
~
~
~
~
ns.
EQUI . No sign permit shall be issued until a sign plan
erty and/or building on which the sign will be erected has been
o in Administrator. The purpose of the sign plan is to
ation for the City to determine compliance with the
rdinance. The sign plan shall include:
An ac.. ....... te surveyor plot plan of the property, at such scale as the Zoning
'ffN4'0j/i:j
Admin': ..... tor shall reasonably require. The Zoning Administrator may also
requir e applicant locate lot corners on the site to verify the sign location.
calculations for each exterior elevation of the building, total building area,
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.
City of Prior Lake
May 22, 1999
1107/p30
Zoning Ordinance
(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 sourc. attage, type
and color lights, and details of any light shield or shades.
1107.1300: SIGN PERMIT REQUIREMENTS:
1107.1301 Permits Reouired: Before a sign requiring a p.~rml
Section is placed, constructed, erected, ~..~'fJlfi~~! or relocated
owner or designee shall secure a sign g,~rmit from the Zoning Ad ".z.".ltator.
The property owner shall maintain a ~.i~n"permit f~r all signs on thepr~~~~;y;
Any sign involving electrical compone ...... II be wired by a licensed electi'jpiah.
A building permit may be required i ere th national BuildinQl"~ode
warrants it.
1107.1302 ADDlication: Application for a sign permit sh
furnished by the City. T application shall contal
~
Name, address an
and erector.
Address and legal d
The sign plan informa
Other pertinent info
rator.
owner, sign owner
~
~
~
by the Zoning
y the applicant. When the applicant is
property, it shall be signed by the owner
eon modifications shall not require a sign permit.
s shall not be construed as relieving the owner of the sign from
f its proper erection and maintenance, and its compliance with
ubsection or any other law or ordinance regulating the
anging the advertising copy or message on a marquee, changeable
y, electronic message or similar sign specifically designed for the use
replaceable copy.
ainting, repainting, replacement or cleaning of a legal sign structure or
sign whereby only the color or message is altered.
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.
City of Prior Lake
May 22, 1999
1107/p31
Zoning Ordinance
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
business related to the sign is discontinued for a period of
is not removed or a new permit for a sign allowed by t .
been issued within thirty (30) days of notice of permi
have the sign removed and assess costs back to
Minnesota Statutes, Chapter 429.
1107.1600: CANCELLATION: A sign permit shall beco.....e null and void if the wor
'1;;:'f'
the permit was issued has not been co'pjeted within a period of 6 mon
the date of permit approval. A per' be renew one time for additi
months and no additional fee shall be ted f renewal. This
does not apply to temporary or conditiona
1107.1700:
e City finds that any s
. is unsafe or insecehace to the public,
. Section, the ';iY g Administrator shall
it. The bolder of the permit shall
standards required by this
strator within 7 days after
receiving d notice such person fails to
comply with the provisions of this Section,
nuisance and may be abated by the City by
tatutes, chapter 429, and the cost of
penses and reasonable attorneys' fees,
ent against the property upon which the sign
use any sign or sign structure which is an immediate public
!?ummarily after a reasonable attempt has been made to
r remove the sign.
violatio will be sent by certified mail to the property owner and, if
, to the person to whom the permit is issued.
G. The purpose of this subsection is to minimize the adverse effect of
and glare on operators of motor vehicles, pedestrians, and on residential
d 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 light spillage to adjacent properties cannot
be determined a photometric plan shall be submitted to the Community
Development & Natural Resources Department for review.
City of Prior Lake
May 22, 1999
1l07/p32
Zoning Ordinance
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, re lopment and
additions which exceed 20% of the floor area of the princip re after the
effective date of this Ordinance. This plan, shall i e the type and
arrangement of proposed lighting and proposed lightin in footcandles at
all locations on the site including its property bound and two family
residential structures are exempt from this provisio
(2) Upon completion of any lighting project,
properties within the project must be show
Society (IES) standards as specified .
Handbook and shall comply with th
measures shall be employed to lirgi
parcels and to maintain traffic safety 0
measures shall include lenses, shields, 10
limitations of the height and type of fixtures us
(/\md. ord. 01 10, pub. 9/8/01)
(3) Measurements shall be m
(4)
Exterior lighting shall be d ./' ned
glare to any contiguous parqll of
exceed 0.5 footcandle when r
1.0 foo hen the sourc
or a -of-way measu
d to Ii It direct illumination and
:'''glare or spill light shall not
uts any residential parcel or
ight abuts a y commercial or industrial parcel
at 1 foot above the ground.
. n of outdoor lighting equipment if the City
e impact of light on the surrounding
"not be placed or permitted to remain on a site if the light
r its re image can be viewed directly from a location off the site
ament, 19ht fixtures are installed in the manner provided in a site and
an approved by the City. Ornamental fixtures shall only be approved
eveloper can demonstrate that undesirable off-site impacts stemming
ct or reflected views of the light source are eliminated by the fixture
r location of the lighting fixture.
ight source or luminaire shall be located within a bufferyard except on
destrian 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 Liahtinq. Outdoor recreational facilities, such as
baseball diamonds and other athletic playing fields which are in existence at the
City of Prior Lake
May 22, 1999
11 07 /p33
Zoning Ordinance
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 feet.
The objectives of these requiremen
the City; to provide appropriate groun
erosion; to preserve and enhance, when
particularly in instances where the natural en
course of development; d to establish standar
other materials to achie d screening, bufferi
e standards
that will
nd site
and
1107.1900: LANDSCAPING AND SCREENING.
1107.1901
Puroose: The purpose of this subsection is to est f h perf
and minimum requirements for landscaping,R ffe Flg and sc
enhance the visual, environmental, and aes.!b~t aracter of pro
development within the City. These s!~.naards will be used to
evaluate subdivision and site plans and "velopment proposals.
9 maintain forestC\t n of
etaHon for controlled soil
, the natural environment,
ent is disturbed during the
utilization of natural and
dscaping.
This subsection sets f
reforestation and technical
reasonable maintenance req
the results provide landscape
for landscaping and
t result is consistent with
m basis and to assure that
n environment.
's intended to ide standards that allow flexibility in design
needs. Desig s are encouraged to utilize a variety of site
ts (i.e., trees, s, ground covers, flowers, berms and
s, walls, existi topography and vegetation, art forms and
'ys that are aesthetically pleasing yet functional
Revie ndard: Plan review by the City will include such items as:
of mater~specially plantings, to determine if they are functionally
te for th ended purpose; hardiness; disease-resistance; compatible
d mix"o materials; whether materials complement and/or provide
ntrast to on-site and off-site conditions to maintain interest; and other
site appropriate. Specific site plans may be required to go beyond the
requirements to meet the purpose and objectives of this Section due to
or exceptional circumstances and conditions which are existing or
ed.
oolication: 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.
City of Prior Lake
May 22, 1999
1107/p34
Zoning Ordinance
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 LandscaDe Reauirements:
(1) To help assure the best possible results, landscapi
and certified by a registered landscape architect in
~ Commercial, industrial, public and ins'
sites over 20,000 square feet or
or more, whichever is less;
~ Multi-family residential project
Projects smaller than those identified,..,..,,,.,,.~
registered landscape architect or a profess'......"..,..
training or work experience in site analysis an
(2) The quantity of plant
developments shall meet
shown on the la
e minimums as
e.plans of proposed
Clherein.
(3) The City requires landscap
elements:
f a development (Le., major entity drives,
ns and other similar focal points).
ipment, exterior storage, loading docks,
ter as identified by the City in plan review
Is used must meet or exceed the City standards of size and
Oalify for credit towards the landscape requirements.
I plant c"" als smaller than required herein may be appropriate and
to achl~ve the design effect.
n of existing vegetation on site, if it can successfully be incorporated
ndscape plan, is encouraged and will be credited toward the landscape
requir ent. Existing plant materials must meet or exceed the City standard in
o qualify for a one to one substitution credit.
antings 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.
City of Prior Lake
May 22, 1999
11 0 7/p35
Zoning Ordinance
(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.
a. Perimeter Tree
~ Business/industriaIY~~~,I"i nstitution at a
. 'mum, the great~~/of: 1 tree quired per 40 feet of the site
ter, or 1 tree p~h.1 ,000 square feet of gross building area.
sidential sites 'fs all contain, at a minimum, the greater of: 1
dwelling unit, 0 'e required per 40 feet of site perimeter.
the following separate
a method to generate a
reativity of design
(9) Landscaoina and/or irriaation svstems within Citv riaht-of-w
without written consent of the Citv Enaineer and an ex ""'"ed
Public Prooertv Aareement.
(1 Q) Trees shall be from balled and burlapped, certified
controlled by Minnesota Statutes 918.44 throu h
may be amended from time to time. Lands
root stock, provided the trees are planted
is inspected by the City
11 07.1905
(1) The planting requirement shall be the
requirements. These f rmulas are only inten
quantitative performanc and not a design in
is encouraged to provide utions.
entry and focal area of a development shall
lopment (trees, shrubs, etc.). No numerical
is provided, but the landscape plan shall reflect the
Trees required on the perimeter calculation are not
'feature.
Requirements for parking lots are outlined in
Miscellaneous Screeninas: As identified in subsection 1107.1906,
reening shall be provided. No numerical requirement of plants is
royj d. The perimeter tree planting requirement may be used to provide trees
l"ithis purpose.
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.
City of Prior Lake
May 22, 1999
11 0 7/p36
Zoning Ordinance
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 mus
purpose (screening, etc.)
d. All plantings shall be appropriate to the har
characteristics of the site. They shall conform to th
in the most current edition of the "American St
published by the American Association of Nurse
e. Any deciduous and coniferous
requirements must be included on the lis
f. The complement of tree,,~)
at least 25% deciduous and at least 25 ()
types. Any proposed modification to thi
specific design solution if site conditions ar
functional requirements screening, etc.) are met
g. Installation
standards as establishe
Construction Reference M
Landscape Association.
~ssional horticultural
current ed,. of the "Landscape
by thEf'American Nursery and
(3)
The develo er may request credit for plant
ed the developer has demonstrated that the
entified by species and location on a survey.
11 also be shown on the grading plan with
protection and survival (i.e., snow fence
base and root structure, pruning, watering,
ning, timing, fertilization, tree removal
disease pre ention, method to prevent soil compaction over
This tree protection/preservation plan shall be prepared by a
. ared landscape architect or arborist.
Existi'1..~ trees must conform to the minimum size requirements
n subsection 1107.1905(2) above to be credited.
Plants must be of approved species included on the list in subsection
5. Weak wooded and disease prone species are not suitable for credit.
The extent of credit will be based on staff review of data (plans and
rrative) 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
City of Prior Lake
May 22, 1999
1107/p37
Zoning Ordinance
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 as for shade,
etc.
11 07.1906
Other Screeninq: Developers shall make design effo
areas, trash storage, loading, mechanical equipme
from view by the general public or adjacent res'
landscaping shall be placed around fence and al eening
Each site will be evaluated as to its specifi ds'and solutio
exceed these minimum standards.
a. Trash Handling. Exterior d
and recycling equipment shall be
least 1 foot above the height of the tra
ever is greater.
b. Docks and
screened from adjacent
of at least 1 foot above t
which ever is greater.
The screening provisis-.1G !
Rei9Ate :TIbS~ E€ i~'"
screening ~ei;;ht
, ml;:€~ !:e :J:
el3~ U:=t-bermir.g
8n overall effective
t~e only method of
::n~€ .
1107.1907
s of differina intensitv abut one another. the
icated in Section 1107.2000.
e finished off with a stable landscape (trees, shrubs, turf, mulch,
tructed surface (concrete, bituminous, pavers, etc.) No site
'jshed or subject to erosion. Landscape rock or bark/wood
ubstituted for sod in shrub and flower planting beds and
e strips.
reas and drainage swales shall be sodded. At least a 2 foot width of
be provided between all paved/curbed areas and seeded/natural/native
areas provide a finished edge and control erosion. Seeding or reseeding is
d for less visible or large and remote portions of a site that are unused or
Ject to future development. Seed mixes could include prairie grass or other
ppropriate 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.
City of Prior Lake
May 22,1999
1107/p38
Zoning Ordinance
(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~~!!~m must also
be equipped with a rain sensor. If an irrigation system is ("""Of"'ihstalled, the
developer must meet the provisions of Section 1107.1909.
(:1md. Ord. 01 12, pub. 10120101)
(5)
Undisturbed areas containing existing viable natur
maintained free of foreign or noxious plan merials.
enhancement of these areas should occur sa and appro
thin areas and revitalize existing vegetatio
tion shall be
eeding or
..to fill in
11 07. 1909
Maintenance Standards: All cultiva
the property owner to present a
include:
as shall be maintai K''''f!.JOY
derly area. Thi~f~Shall
~
~
~
hrubs or parts thereof.
. Association and
~
~
~
s shall be managed in order to maintain the
at it was preserved or created. This includes
getation and long grasses, removal of trash
,,"'sppropriate maintenance methods for the
guaranteed by the developer for one year after total project
l"irrigation system is installed, or for two years after total
built-in irrigation system is not installed.
tion s stem is installed, the irrigation system shall be guaranteed for
oncurrent with the plant guarantee. This will assure one winter season
shut down and spring start-up.
veloper shall notify the City prior to total project acceptance, for City
urrence on the acceptability of the complete landscape and irrigation system
stallation. 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
City of Prior Lake
May 22, 1999
11 07/p39
Zoning Ordinance
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 C'
and accepted the landscape and notified developer, i
acceptance. Such release date shall not be earlier tha
expiration of the plant guarantee specified in subsection
1107.1911 Submission Reouirements:
(1) Landscape plans must be drawn to scale, s
and sizes, seed/sod areas/limits, etc. ThepJ (s) ust include the e
area, project name, developer, registe 'Ya landscape architect or I
designer, architect, dates, existin conditiQ.Qs including to po
vegetation, ponding areas or Vol. ies, utiJin~~.l boundary dat
sidewalks; proposed site conditions, dir'lg'[il,!ij"grading plan an tree
preservation/protection plan; site lighting,"'conditions approximately 100
feet beyond the site, and other site condition ould be expected to affect
landscaping.
(2) Calculations to evaluat
including area in square
parking lot including drivew
trees and shrubs required an
e with the pro ~iQQ~Tof this Ordinance
ercentage injffbtal area for building,
nd otal area; and quantities of
(3)
bsection provides the landscaping and width requirements for
{eloped after the effective date of this Ordinance, or for
fter the effective date of this Ordinance. A bufferyard
distar'l9 and a visual buffer or barrier to reduce the undesirable
use on neighboring property. It includes an area, and a combination
s, berms, fences and walls that are required to eliminate or reduce
r potential nuisances. These nuisances can occur between adjacent
ricts and between different development options within the same Use
Such nuisances are dirt, litter, noise, glare of lights, signs and
mpatible land uses, buildings or parking areas. Bufferyards will operate to
inimize the negative impact of any use of neighboring property. Plant material
proposed to meet necessary landscaping requirements may also be used toward
meeting the purpose of the bufferyard requirements.
1107.2002
Reouired I.:()cations 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
City of Prior Lake
May 22, 1999
11 07/p40
Zoning Ordinance
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 buffe
determined by first identifying the Use District of the prope
and then by identifying the Use District of the adjacent pro
specifies the intensity of the required bufferyard.
BUFFERY ARD REQUIREM
PR~P~~~DO~SE 'F~~TPROPER
R-1, r. 3
,
G-4
R-23, R-34,-C-4
TC, TC-T, C-1, C-2,-
G-3,
G-4
B
,'Whenever two uses of differing intensity
ting public right-of-way, including but not
bufferyard requirement shall be 1 letter less
. In such instances, 1/2 the width of the right-of-
uting to the width requirements for a bufferyard.
i ocated adjacent to a municipal boundary, a bufferyard is
ense development is located within Prior Lake.
ion 0 Detailed Buffervard Reauirements. All bufferyards permit a
bufferyard widths, ranging from 10 feet to 30 feet. The number of
!required in each bufferyard is specified in the table below.
To.~lculate the required number of plantings in abufferyard, determine the type
~'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/1 00 = Total Shrubs
For example, a Bufferyard C, 15' wide on a 250' lot, will require the following
plantings:
City of Prior Lake
May 22, 1999
11 0 7/p41
Zoning Ordinance
2.0 X 250/100 = 5 Canopy Plantings
4.0 X 250/100 = 10 Understory Plantings
6.0 X 250/100 = 15 Shrubs
DEFINITIONS OF BUFFERYARD OPTIONS
(Requirements are per 100' of distance)
Bufferyard
Width* Canopy
Plantings
Understory
PlaRti~d5 ",i'i
Ornamenta'~~f
HalfT
A
B
~ M.
W M
10' 1.0
15' 0.8
20' 0.6
10'
15'
20'
25'
F1
c
D
6.0 8.5 F2
9.0 13.5 F1
10.0 15.0 j
8.0 12.0
6.0 9.0
ration distance between property line and site improvements
.~ fences are required in addition to the plantings when a
sed. The required fences are represented by the symbols
d F3, a.. correspond to the illustration of fences. Building walls which
within 15 feet of any property line may be considered to be an F3
ed that no doors open into the area, and that required bufferyard plant
Installed between the wall and property line.
oz.oz nt Materials. Planting materials for bufferyards must meet the following
g1!'criteria:
~ All plants shall be winter hardy in Prior Lake.
City of Prior Lake
May 22, 1999
1107/p42
Zoning Ordinance
All plants shall fall under one of the following categories: canopy tree,
understory 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.
~
FENCES
S'rMElQ. >e;;HT w.TelW..
T 1'[[[' r .. [[ ..
F, 44'
..It' lo- 10..- _. . .. "_ .~___
--
:r ~~
I
F. 48" -
=.Lr-
~RoI
~ 6'
--
1107.2007
1107.2008
a use is proposed which
hich results in requirements
aid bufferyard.
ments. Plant material existing on a parcel
uirements for location, size and species
ard plant material requirements.
existing on an adjacent developed parcel of
otal plant material requirements if the minimum
is provided and a voluntary agreement with the adjoining
negptiated which is consistent with the provisions of this
SERVATION AND RESTORATION
d Puroose. It is the intent of the City of Prior Lake to protect, preserve
hance the natural environment of the community, and to encourage a
rceful and prudent approach to the development and alteration of wooded
eas in the City. This subsection has the following specific purposes:
~ 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.
~ Promote protection of trees for the benefits provided, including beauty,
protection against wind and water erosion, enhancement of property
City of Prior Lake
May 22, 1999
11 07/p43
Zoning Ordinance
values, noise reduction, air quality, energy reduction, buffering, privacy
and natural habitats.
~ Establish requirements related to cutting, removal or destruction of
existing trees, especially significant trees.
~ Establish reasonable requirements for replacement of significant trees.
~ To allow the development of wooded areas in a mann at minimizes
and mitigates the removal and destruction of trees, p ~esthetics,
property values, and the nature and character of th ounding area
~ To provide for the fair and effective enforce the regulations
contained herein.
.... be "significant" for
t or more. Species of coniferous
n approval are as follows:
1107.2102
Aoolication.
Lake:
~ All new public or private deve
property.
~ New construction on vacant"
1996.
~ Redevelopment of sites platted pri
structures are removed or destroyed.
1107.2103
Acceotable Soecies.
(1) Coniferous Tree. Coni
purposes of this Ordinance a hei
trees required to be surveyed
orvitae (White ~!aar).
ouglas
hite
ck, Canada (Ea{{ern)
rack)
h, Euro
, Austrian
t n White
I Pin 0
II Pine,' onderosa
, Pine~: Red (Norway)
Pine, scotch
Red Cedar, Eastern
Redwood, Dawn
i Spruce, Black Hills
'I Spruce, Colorado Blue
I Spruce, Norway
Spruce, White
i Spruce, Japanese
(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:
City of Prior Lake
May 22, 1999
11 07/p44
Zoning Ordinance
lAsh, Green
I Ash, White
I Basswood
I Beech, Blue
I Birch, River
I Canada Red Cherry, Shubert
I Catalpa, Northern
I Chokecherry, Amur
I Chokecherry, Shubert's
Ii Coffee-tree, Kentucky
I Corktree, Amur
I Crabapple (ornamental)
Dogwood, alternate-leafed
I Elm, Accolade
I GinkQo (Male trees)
I Hackberry
I Hawthorns
I Hickory, Bitternut
Honeylocu$t,Jmperial
Ironwood
I Kentucky
I Lilac, Japanese'lr~e
I Linden, all varietr~$
aple, all
ntain Ash, Europ.~an and Showy
rry, Red
berry
Burr
o
Oa
Oa wamp White
Oak, White
Plum, American and Canada
Redbud, Eastern
Serviceberry .
Walnut, Black
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:
I~ Tree Type--~u-
L Larg~t-Iard'v'V.oods
-
Tree Diameter Size
27" dbh.
Examples
Oaks
City of Prior Lake
May 22, 1999
11 0 7/p45
Zoning Ordinance
LI..~r~e Coniferous
r-24"dbh~-
I Pine --
l
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 d
~ No major insect or pathological problem.
~ A lesser size tree can be considered a heri
forester determines it is a rare or unusual
quality.
~ A lesser size tree can be considered a h
used by a developer as a focal point i the
(4) Other Trees. Trees not included in the abo
as part of the Tree Inventory subject
~ A life expectancy of greater tha
~ A relatively sound and solid trunk
~ No major insect or pathological probl
~ A certified fo ter determines it is a
exceptional q
~ It is specifically
in the project.
1107.2104
is lawful for any person to
defined in this Ordinance,
ined approval from the City's
city officia of a tree preservation plan. No
rading permit, or other City required permit
f tree preservation plan has first been
. nary plat application where there is impact to
app Ie eet with City staff to discuss alternative designs
elopment of a site. This meeting may also be part of a Concept
ermitted under Section 1002.100 of the City Code.
alysis: The following guidelines shall be considered when
reviewing proposed development alternatives:
It is capable of being done from an engineering point of view;
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.
City of Prior Lake
May 22, 1999
11 0 7/p46
Zoning Ordinance
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' cts to trees.
The following guidelines shall be used:
a. The location of existing structural or natural
the placement or configuration of the proje
b. The sensitivity of the site design to h
including topography, hydrology,
natural vistas, and impacts on
development, consideration
properties;
c.
(4) Unavoidable impacts. Unavoidable i
minimize, rectify, ,pr reduce require repl
1107.2106 (3). ..
1107.2105
(1)
preservation plan shall be
.. his application may be made
or may be in".., ded as parr of a development application.
o be included r'"lJhe application includes at least the following:
n exhibiting a stamp/certification and
re of the certifi orester or arborist. The Tree Preservation
fed at the same scale as the proposed
shall show the following:
ocation of all significant trees;
tree summary sheet identifying the species of all
ees located on the map;
Identif ion of critical root zones extending from trees located on
adjacent tracts, including the location and species of the trees;
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;
City of Prior Lake
May 22, 1999
1107/p47
Zoning Ordinance
~ 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 developm and where
adequate tree protection devices and long-ter ~rnents are
established for the protection of existing sigQ nt trees. This
simplified plan may be included on the "Exi 'a'a, onditions Survey"
required as part of the preliminary plat.
(2) Allowable Tree Removal.
a. Following the concept plan revi
Section 1107.2104, significan
required replacement within
streets, utilities and storm.,
b. In areas outside of the exempted
35% of the total dbh inches of all
without replaceent or restitution.
c. Vacant Lot De
On individual lots
trees may be rem
building pad withou
elopment of.N Platted rior to January, 1996, and
ed Lots. On P'[l?viously platted and developed lots, where the
have been rl9.a oved or destroyed to more than 50% of the
arket value, up % of the total dbh inches of all significant
be removed f. the installation of utilities, driveways and
""replacement or resolution.
nt trees in excess of the limitations of this Section may be
provided all trees removed in excess of said limitations shall
ccordance with the Tree Replacement Formula.
Repl. ent Formula. Replacement of removed or disturbed trees
cess of the percentage allowed by this subsection shall be according
following guidelines:
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.
City of Prior Lake
May 22, 1999
1107/p48
Zoning Ordinance
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 a
stock as defined and controlled by Mi
Replacement trees may also
trees are planted no later tha
by the City.
f. Replacement trees shall be cov"
g. ilar to other trees found on
hall be selected from the
f()und in the Public
fee types for use on
city.
h. Where heritage tr
consist of the same
e same potenti
certified by a
graph, value i
d life potential
, replacement trees shall
d heritage tree, or a tree that
ue as the roved heritage tree. This value
fied forester or arborist. For the purposes of
efined as a species which has the same
~femoved tree.
s required by Section 1005.1000, may be
d replacement. New subdivision trees must
e size requirements listed in Section 1005.1001.
Reol es may be utilized to meet landscaoina reauirements if
olacem.... ,<=~~!I~oe~i~s. and location are consistent with necessall(
andscae"b orovlslonsc
fication of Compliance with Approved Landscape Plan. Upon
pletion of the required landscaping, the Developer shall notify the City
request an inspection of the work. Following the inspection, the City
all 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.
City of Prior Lake
May 22, 1999
1107/p49
Zoning Ordinance
(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% 0
to furnish and plant replacement trees. T
be provided by the Developer subject to
estimated cost shall be at least as
amount charged by nurseries for t
replacement trees. The City es ,.es the
discretion to determine the tea cost
Developer's estimated cost' oved.
~
For construction on vacant lots
1996, the developer shall provide a cash
0.00 to guarantee compliance with the
ceo Said security shall be released upon
by the developer to the satisfaction of the
e foregoing, no portion of the security shall be
while there are unsatisfied Developer's obligations to
the City for any expenses in enforcing the terms of this
edeve ment of Lots Platted Prior to January, 1996, and
eve loped Lots. For construction on previously platted and developed
ts, 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.
City of Prior Lake
May 22, 1999
11 07/pSO
Zoning Ordinance
1107.2106 Entrv on Private ProDertv and Interference with InsDection. 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.
1107.2201
Puroose. The purpose of this Section' g
development in the City to meet cert .
Through a comprehensive review 0 0
or intensified developments, the City ne
objectives:
~ Implement the goals and policies set ou
~ Preserve the c~ic~cter of residential
commercial and i,,yf4l0x, . I areas;
~ Maintain and impr ax base;
~ Reduce the impacts uses;
~ Promote orderly and 'x, e fl net.
~ Discourage the develQpm d similar building facades
which detract from the cf ter and a .' ranee of the neighborhood;
the natural an ilt environment; and
dverse impac on adjacent properties from buildings which
become unsigh .'
1107.2107 This Ordinance does not apply to dead and diseased trees
tree program is found in City Code Section 602.
(Amd. Ord. 106-09, pub 12/2/06)
1107.2200: ARCHITECTURAL DESIGN
in s section 1107.2202 apply to commercial,
"(projects of 3 or more dwelling units per
uses.
isual I be minimized using one of the
meth
parape
ence creen, the height of which extends at least 1 foot above the
of the rooftop equipment and incorporates the architectural features
he building.
e rooftop equipment shall be painted to match the roof facing material
f building.
development must locate the noise-producing portions of the development,
uch 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.
City of Prior Lake
May 22, 1999
1l07/p51
Zoning Ordinance
(4) Utility service structures such as utility meters, utility lines, transformers,
generatrors, 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
Ordinance.
(6) Exterior surface materials of buildings shall
regulations:
a. Classes of Materials: For the purpose
be divided into Class I, Class la, Class II and
Class I: Brick, marble, granite or othe
synthetic stucco, copper, porcelain, a glass are Class I exterior
materials on buildings other than thos as dwellj,:t!,gs which contain
fewer dwelling units. Synthetic stuQc e inst~.U;g""k'~ minimum of foy eet
above the foundation of the building. Wo er.2~menf'or higher impact rated
vinyl siding (at least .044 inches in thickne ?~lprefinished metal are Class I
materials on residential buildings containing or fewer dwelling units in
addition to the other CI s I materials listed in t section. Cast-in-place or
precast panels are con Class I materials I -1 C-3 district in
addition to the other Clas listed in this sub
(amd. Ord. 0~:29 pub. 9/251(4)
Class la: Fiber cement sidin
sed aggregate c
(rock face) a
ificial stone, pr
ed concrete block (scored or unscored),
r ribbed concrete panels, and unfinished or
Use of Class I Materials Required. At least 60% of each
m off-site must be constructed with Class I materials
y subsection 1107.2202(6,d) below. Where Class la
combination with Class I materials, the sum of the Class I
la mat rials shall be equal to or greater than 60% and at least 30% of
g face must be Class I materials. Class la r.1E:~8fial: are credited st . ~
€I l::a re-.feeh
aximum Use of Class III Materials Permitted. Not more than 10% of
building face visible from off-site may be of Class III materials. Met:J1
e:rs e:n residen~ial g~rl::sWfe: :-:-:ay not exceed 20% e:f the building face.
ortions 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 walls in the 1-1 Use District which
City of Prior Lake
May 22, 1999
1107/p52
Zoning Ordinance
are not facing 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 and .,.
Clase I mat~r~als ~a~' be reduced te a r.1lnim~r.1 d ~5%-fer!: .
"I 1" Use Distrist f:::~sn ::: ~rir.s~;::::1 :::R~)i:::I, :T:lflfX c:l1~)i:::1
aGfa6~~t t~ ar c:cross fr::;;n c:~y "R" U:e ~istRst, j::- .
materia!s c:ra functia~:::lIy--aREi-a~:-a!:ly equal t~ a CI::s:
the developer's ::::-:hitect fX tr.s j:~t I":"'(:::n:.-J~
architectural design and site plan meet the followin
~ The exposed height of the building wal
~ The number of required plants shall
of 20% of the overstory ornamen
1/2 caliper inches.
~ A minimum of W% 15% of t
spandrels. '
e. ermit an exterior surface
6) provided the material is
, better in quality and
t must submit the
his subsection does
ate rials.
(7)
minimum crit ~;.~, the following additional architectural design
considered in Cl"~termining whether to permit the reduced use
: building bulk, ,,'We ral massing, roof treatment, proportion of
design element d variation, fenestration, compatibility of
e. Sit an design elements which will be considered
ce the Class I building material requirement
, quality, tion, compatibility, and size of plant materials,
and screening walls. Also considered will be the overall
f t e various elements of the architectural design and site
also within the larger context of the area or corridor.
s~il' \) d lower heigh~, lesssr !:ull~, ~itsAed-sr gc:!:lad roofs,
variat............c.. in fQ~s, a:1:1 numerous fenst~ra~b.~s ::nrl openinds will sa
.",,,,,,,",/iiA...
e:nSirl. eligible fer c: reOOGtiGn in th3 ::l-Se-ef-Class I mateFic:I S'. Generally, site
~1c:ns~~0,' in:reased a:7:Co:.-Jr.t, v:::-iation and size sf lc:nElsGaps m:::tefiale: ana
highe~'hdscape b~r~t ::nd screening walls will be ssnsidered eligible for C'lase
I ~1c:1 reduction.
l1ilding 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.
City of Prior Lake
May 22, 1999
11 07/p53
Zoning Ordinance
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.
f. For projects within all Use Districts w
square feet, at least 1 %. of the lot area shall be
as plazas or walks.
c. No building may display more than 5% of any elev
pure accent colors.
d. Design review shall be done by the Plen
and Natural Resources Department.
e. The site lighting shall provide adeq
persons using the site but shall not p
otherwise comply with Section 110Z
adjacent properties cannot be dete
to the Community Development & Natura
g. New additions, alt. cessory buil s: The exterior wall
surface materials, roof tre~tment, res, rp~Jor divisions, proportion,
rhythm of openings, and gen~ral ari~,.;~'cter, including horizontal or
vertical emphasis, scale, stylf~\Lc..;'~atures of!. Ions, exterior alterations, and
buildings shall'rienform to thei"original architectural design and
ce of the princi~~1 building(s) on the site and shall comply with
f this subsectidf'l
the 9..". ing to the site and adjacent property,
'n movement shall be complementary.
. stance wher the Zoning Administrator denies a permit or a
inary approval of building materials or building design, the
appeal of the interpretation, based upon the plans and
the office of the Zoning Administrator, to the Board of
t with payment of additional filing fees of any kind. Appeals shall
red according to the procedure outlined in Section 1109.300.
ral Standards ADDlvino to One and Two Familv Residential Uses.
Is, builders or groups of builders shall not construct a house design
as identical front elevations to any house or proposed house where a
ing 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.
City of Prior Lake
May 22,1999
1107/p54
Zoning Ordinance
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 co may also be
required.
1107.2300: NON-CONFORMITIES. Nothing in this subsection s
violation of any section of the Prior Lake Code or t
or unsanitary condition.
1107.2301
1107.2302
;>:>);:::ii:-:
<L>+> >
Puroose. The purpose of this subsectiog;Js;'to provide for the elimin
nonconforming uses and certain other g,gnconformiti~s by:
~
Recognizing certain develop
effective date of this Ordinance.
Prohibiting the enlargement, intens
extension of non-conformities.
Provide criteria ich provide for the
uses which are d by fire or other nat
Encouraging the non-conformitie
on adjacent pro pert
Requiring certain no
terminate.
Providing an
'ties.
ction of non-conforming
. aster.
Inimize their impact
~
~
~
~
~
termination of certain non-
at the time of this
nformity may be continued at the size and the
he time of adoption of this Ordinance, except as
ion Pr.<<~~d'. A nonconformity shall not be enlarged, extended,
or cha'rjg~~ in any manner or dimension except to comply with the
of this<€)rdinance.
ation Prohibited. A nonconforming land use shall not be intensified in
or operation. Intensification shall include, but not be limited to,
d hours of operation, expansion of the use to a portion of the property
eviously used, expansion of a parking area and increased number of
loyees.
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.
City of Prior Lake
May 22, 1999
11 07/p55
Zoning Ordinance
(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 ConditiBn~li;ose Permit for
any property which contains a non-conformity unless .~/ non-conformity is
removed as a condition of the Conditional Use Permit.
Filing of a petition fo
Notice of tax forfeitur
Disconnection of utilitie.l!..
. up and securirig.... f building;
estruction of t~~. building or property;
hange to a con~ ming land use;
and illegal c ft from one non-conforming land use to
1107.2303 SDecial Reauirements.
(1) Non-conforming Land Use.
a. Termination of Riahts Throuah Di
conforming land use terminates oper
6 months or if the land or building
months, the City may infer an intent to a
rights granted by this section are terminate
comply fully with this Ordinance.
As evidence of an intent
may consider, but is not Ii
s'
,
roperty for a different use, including sublease of
es for another non-conforming use or the same use conducted
tenant;
from which an intent to discontinue or abandon may be
rred.
b. anae in Tenant or Ownershio. Any change of a tenant or in the
owner ,/ of any land which is classified as a legal non-conforming land use
shall reig'Pire the new tenant or owner to obtain a Certificate of Occupancy before
the n i;i;~conforming use may be continued.
Permitted Construction. Construction is permitted on a lot under the
1I0wing 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.
City of Prior Lake
May 22, 1999
11 07/p56
Zoning Ordinance
~ 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
designated as a high priority for redevelopment
redevelopment strategy or plan. For theg,
redevelopment strategy or plan shall be d~D;f'i'ed as
process which specifically outlines the rea'tQ. be rede
include timeliness and/or action step etaken, or wH
taken, to achieve the redevelopme action steps m
but are not limited to, solicitation evelopers, the purchase of
environmental testing or rem , demon' n of structures an
similar activities.
d.
use may be changed to a
approval by the Zoning
the burden of providing
a the existing non-
sider the evidence
g relative intensities,
ning Administrator may be appealed in the manner set
9.300.
rmitted Construction. In the following cases, construction is permitted
in 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.
City of Prior Lake
May 22, 1999
1107/p57
Zoning Ordinance
b. Any single family detached dwelling unit which exists on May 1, 1999, the
effective date of this Ordinance, on any nonconforming lot located 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 setback, lot
coverage, impervious surface and other applicable provisio 'J~ structure
does not meet these standards, a variance will be required
(3) Non-Conformity as a Result of Government Acti
takes land by exercise of its right of eminent doma'
parcel which does not conform to the width, a~.~a,
Ordinance, the non-conforming parcel shall'!!!"
may be used thereafter only by complyil)g I provisions of t
however, such a legal non-conformity isxempt from the amortization p
as contained in this Ordinance. The non-cdhfprming status of th
conforming parcel will result if th,~ mental ,.0 acquired the I~..
negotiation rather than by condemnation.
If the owner of a property which becomes a Ie
a governmental taking lies for a variance to
property, the governme ing shall constitute a
the variance.
(4) Nonconforming Signs.
compliance with this Ordinanc
of this e.
s must be brought into
1 year from the effective date
(5)
contains a non-conforming parking lot or
or intensified unless the property is brought
ce WI as contained in subsection 1107.204. However,
-conforming parking lots must be brought into compliance with
'on 11 (5) within 5 years of the effective date of this Ordinance. In
to the".f:vu+t'fli$Jialties provided by law the City may withhold a Certificate
ancy forr;~yfproperty not in compliance with this Section.
land use which does not provide the number of parking spaces
y subsection 1107.300 for the amount of parking provided may remain
conformity; however, the land use may not be expanded or intensified
provides the parking spaces required under this Ordinance for the
ion or intensification. A use will be considered to be expanded or
sified 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.
City of Prior Lake
May 22, 1999
11 07 /p58
Zoning Ordinance
(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 Aooeals. With the exception of subsection 1107.2303
subsection 1107.2301 through 1107.2304 inclusive are
the City Council.
1107.2305 Nonconforminc Use. A Certificate of Occupa c
non-conforming uses of land or uses of bu'
Ordinance, or in existence at the effective
a Certificate of Occupancy for a non-
Zoning Administrator by the owner 0
the non-conforming use within 1 yeEl
Failure to apply for a Certificate of Occu
refusal of the Zoning Administrator to issue a
conforming use after n application has bee
evidence that such us ot lawfully exist a
Ordinance. Issuance 0 te of Occupanc
inspection of the premise
conditions consistent with
Ordinance Code.
t change in ow
se shall requi
issued.
ONALLY BLANK
~MENDMENTS)
City of Prior Lake
May 22, 1999
1107/p59
SECTION 1108
CONDITIONAL USE PERMITS, VARIANCES AND AMENDMENTS
SUBSECTIONS
1108.100:
1108.200:
1108.300:
1108.400:
1108.500:
1108.600:
1108.700:
1108.800:
1108.900:
Standards and Procedures
Variances and Amendments
Conditional Use Permits
Continuation of Certain Conditional Use Permi~
Variances to the Provisions of the Zoning ance
Amendments to the Zoning Ordinance a fficial Zoning
Policy for Amendments
Special Procedure for Comprehen
Procedure for Comprehensive P
Site Plan Review [/\md. Ord. C1
1108.100 STANDARDS AND
PERMITS, VARIANCE ....
subsection is to outline t.
applications for Condition
Ordinance, the Official
Section also includes the
reviewed.
1108.201
1108.202
CONDITIONAL USE
nd intent of this
ess and review of
Amendments to this
C rehensive Plan. This
se applications should be
nt This Ordi identifies certain uses, which because
ocation in relation to other uses require a
Conditional Use Permit process regulates the
'tude and design of conditional uses consistent with the
, nd the regulations, purposes and procedures of this
ditional Use Permits contain minimum conditions to minimize the
f the use on adjacent properties. To achieve this, this Section sets
eneral provisions and criteria applicable to all uses authorized by a
Cond... nal Use Permit. This subsection also describes the procedures
go\t.~rhing the application and review process. When considering whether to
~J~pfove or deny a Conditional Use Permit, the Planning Commission has the
iscretion to impose site specific conditions designed to mitigate the potential
impacts on adjacent properties.
Standards For Conditional Uses. The Planning Commission shall review all
applications for a Conditional Use Permit and shall make findings with respect
to the following criteria:
May 1,1999
City of Prior Lake
1108/pl
(1) The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
(2) The use will not be detrimental to the health, safety, morals and general
welfare of the community as a whole.
(3) The use is consistent with the intent and purpose of the~9nln'g:Ordinance
and the Use District in which the Conditional Use is located;;
^H^
(4) The use will not have undue adverse impacts ~;p:''''gO\l~i~~i/?ntal facilities,
services, or improvements which are either existin~gr propos"
(5) The use will not have undue adverse imp
properties in close proximity to the conditi
the use and efOpxment of
(6) The use is subject to the design an
plans prepared by or under the di~!
or civil engineer registered in the S
Planning Commission and incorporated a
the use by the Planning Commission.
(7) The use is subject to dPil!li~u~.and utility plans pr professional civil
engineer registered in tn.. Minnesota which e locations of city
water, city sewer, fire hy;;!! s, power, tel.!! .... one and cable lines,
natural gas mains, and oth~r se ... . Theplahs shall be included as
part of the conditions set fottb in tt:l/?' 0 ;;~se Permit approved by the
Planning Commission. .
(8) 'ect to such of~rr additional conditions which the Planning
find necessarY:~~o pr~tect the general welfare, public safety
d character. Sugb;.~aditional conditions may be imposed in
where the otg'eF dimensional standards, performance
'ments in this Ordinance are insufficient to
ined in subsection 1108.202. In these
the Planm g Commission may impose restrictions and
Conditional Use Permit which are more stringent than those
inance and which are consistent with the general
The additional conditions shall be set forth in the
rmit approved by the Planning Commission.
nal Use Performance Standards in the Shoreland District. In
to the standards listed in Section 1108.202, the Planning Commission
nsider the following criteria when evaluating requests for conditional
ermits in the Shoreland District.
valuation Criteria. A thorough evaluation of the waterbody and the
vegetation, and solid conditions on the site must be made to
~ The prevention of soil erosion or other possible pollution of public
waters, both during and after construction;
~ The visibility of structures and other facilities as viewed from public
waters is limited;
City of Prior Lake
May 1,1999
11 08/p2
~ The site is adequate for water supply and on-site sewage treatment;
and
~ The types, uses, and numbers of watercraft that the project will
generate are compatible in relation to the suitability of public waters to
safely accommodate these watercraft.
(2) Conditions Attached To Conditional Use Permi
Commission, upon consideration of the criteria listed
of this Section, shall attach such conditions to the i
use permits as it deems necessary to fulfill th
Such conditions may include, but are not limite.9 t ,
~ Increased setbacks from the ordi'l~rYhigh:water levels;
~ Limitations on the natural vegel~lion to be removed or the requ
that additional vegetation be.Rl~hled; and
~ Special provisions for thl?>lo6at'o , desigp!}i:i:~Qd use of struc. s,
sewage treatment systems, wa e layochfng and docking at:eas,
and vehicle parking areas.
1108.204
Conditional Use Performance Standards iniliei:Flood Plain District. In
addition to the stand 'sted in Section 11tj~li~~.~..~pd 1108.203, the
Planning Commission er the followingqti{~rja when evaluating
requests for conditional u Flood Plain ~istrict.
(1) Evaluation Criteria. The
factors, including the followi
hall consider all relevant
roperty due to increased flood heights or
velo chments.
The wept onto other lands or downstream
to th ey may block bridges, culverts or other
dr~
pro.. pply and sanitation systems and the ability of
t ~:~ystems prevent disease, contamination and unsanitary
coriaitions.
The'~u~g~ili~i1ity of the proposed facility and its contents to flood
damagei"flcHhe effect of such damage on the individual owner.
he impqrt"ance of the services provided by the proposed facility to the
mmuriity.
;he requirements of the facility for a waterfront location.
he availability of alternative locations not subject to flooding for the
proposed use.
The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
The relationship of the proposed use to the Comprehensive Plan and
flood plain management program for the area.
~ The safety of access to the property in times of flood for ordinary and
emergency vehicles.
~ The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters expected at the site.
~ Such other factors which are relevant to the purposes of this Section.
City of Prior Lake
May 1,1999
11 08/p3
(2) Conditions Attached to Conditional Use Permits: Upon consideration of
the factors listed above and the purpose of this Section, the Planning
Commission shall attach such conditions to the granting of a conditional use
permit as deemed necessary to fulfill the purpose of this Section. Such
conditions may include, but are not limited to, the following:
~ Modification of waste treatment and water suppIY.t~pllities.
~ Limitations on period of use, occupancy and op"xv
~ Imposition of operational controls, sureties an,
~ Requirements for construction of channel m.pBificatio
storage, dikes, levees and other protec 'vem~asures.
~ Floodproofing measures, in accord ithithe State Bl1I,[~~Code
and Section 1105. The applica mit a plan or "dlix,< ent
certified by a registered profe nal engineer or architect t...!?
flood proofing measures ar sistent' h the regulatory food
protection elevation and floo ors for the partipUlar
area.
(1) A general development plan
ihg the folloWil"lg:
1108.205
itions and exisll'lg development on the subject property and
Iy adjacent prdiR!?rties.
sed use of all a Y;CC;'6of the site.
sed density, ty ,size and location of all dwelling units, if
ion and use of any proposed nonresidential
All
Parki
Landsc
arks all pen spaces, public plazas and common areas.
ite dim'Emsions.
eneralized drainage and utility plans.
ny other information the City may request to determine whether the
proposed project meets the requirements of this subsection.
As'
Uh,mary sheets which include the following:
Proposed densities, ground floor areas, and floor area ratios.
Acreage or square footage of individual land uses on the site.
All proposed modifications of district regulations being requested.
City of Prior Lake
May 1,1999
11 08/p4
(3) Generalized phasing plan for the project, including the geographical sequence
of construction and the number of dwelling units or square footage of
nonresidential property to be constructed in each phase.
(4) A map or plat showing the lands proposed for the conditional use permit and
all lands within 350 feet of the boundaries of that property and names and
addresses of the owners of the lands in the area as th r on the
records of the County Auditor of Scott County or other ap iate records.
1108.207 Conlin d Modification. The Planning Commission may impose
""a'sonableQ~ii~itions on any O~!!Qditional Use Permit and may, at any time,
'ts own iriJ~j~tive or upon apR!.j~,~tion by the property owner, modify the
. 'ons of r existing Conditiq;gal Use Permit as changing circumstances
Q,.. xlsting Conditional Use Permit may be made
He . en held by the Planning Commission in the
d in subsection 1109.200 except that minor amendments shall
ige to the holder of the Conditional Use permit and approval of
i$.$ion.
reports co
ng Commission
material required
1108.206 Procedure for ADDroval of a Conditional Use Permi~.
(1) The application shall be reviewed by the Ci
application shall be submitted to tbm.
consideration within 30 days of rec'''""''f
Ordinance for review of the applicati
(2) The Planning Commission shall hold
subsection 1109.200. The Planning Co
hearing, if necessary, and shall take final
conditional use permit within 4-2G-60 days of
the deadline for action . d by the applicant.
(3) The Planning Commissio
or in part, may approve th
deny the Conditional Use
Conditional Use Permit for f
mend nts. A minor amendment sr.all :-1st-may be granted for
changes or modifications which will not have an effect on required
required yards, floor area ratios, ground floor area ratios, signage,
height, density, covenants or agreements required by the original
anal Use Permit, or changes in Conditional Use Permits issued in the
plain districts.
Assent Form. No Conditional Use Permit with imposed conditions is valid
until the applicant has signed an assent form and the approved exhibits which
acknowledge the terms and conditions under which the Conditional Use
Permit is granted and agrees to observe them.
1108.210
Filina. The resolution approving a Conditional Use Permit or modification of
a Conditional Use Permit shall include the legal description of the property for
City of Prior Lake
May 1,1999
11 08/p5
which the Permit was issued and a list of any conditions set forth by the
Planning Commission as part of the approval of the Conditional Use Permit.
A certified copy of the resolution shall be filed with the Scott County Recorder
within 60 days of approval of the resolution.
1108.211 Revocation and Cancellation of Conditional Use Permits.
Permit may be revoked and canceled if the Zoning Adminis
the holder of an existing Conditional Use Permit h
conditions or requirements imposed as a condition to a.,
Use Permit, or has violated any other appli "'~
enforceable regulations. The following procedur II app
cancellations:
(1) The Zoning Administrator shall notify the,gpiaer in"'''writing of the viol
notice shall be given in person or by ce(fified mail, addressed to the a
at the address stated on the origin 'cation. ~Qtice shall also be s
upon the occupant(s) of the prel]1i which t~~'f~enditional Use P,,~
was issued or, if no occupant can be ,ggticeshall be posted in a
conspicuous place upon such premises. 'ce shall be effective on the
date of mailing, personal service or posting.
(2) The notice shall be is
public hearing conduct
Conditional Use Permit
incurred pursuant to subs
appe31ei, af~sr tr.~
Conditi€l1t::1 ~:e-Perr.1i~ i
minimum ten (10) r'or"to the date of a
lanning Commis"rhe holder of the
to reimburse\.~~I,t for any City costs
....sr.:1I s~tha~, l::rness
d seP.4Gs, tl=\e
e:- :ction or proceeding.
.~ m:y c:;:~e:1 ~l1e notice of '1iol3tion to
. e :"I-:all 1ae-tRe- st::r.1e as tile a;:~licotion
Et ~he holder shall lac &:J9jeet ta
.. 11 09.902.
1108.212
After ear. tion Reauired. All Conditional Use Permits
shall be'(@)loked and canceled if one year has elapsed from the date of the
)tion 0 resolution granting the Conditional Use Permit and the holder
Con "?'!!'c;lJ'ciY~e Permit has failed to make substantial use of the
s accordlgg[to the provisions contained in the Permit.
e Year. New Construction Reauired. All Conditional Use Permits
revoked and canceled after one year has elapsed from the date of
tion of the resolution granting the Conditional Use Permit if a new
e or alteration or substantial repair of an existing building is required
e Conditional Use Permit and the holder has failed to complete the work,
ess a valid building permit authorizing such work has been issued and
ork is progressing in an orderly way.
1108.214
Uoon Occurrence of Certain Events. If the holder of a Conditional Use
Permit fails to make actual use of vacant land or lands and structures which
were existing when the Conditional Use Permit was issued and no new
structure, alteration, or substantial repair to existing buildings was required, or
if a new structure was required by the Conditional Use Permit and no building
City of Prior Lake
May 1, 1999
11 08/p6
permit has been obtained, the Conditional Use Permit shall be deemed
revoked and canceled upon the occurrence of any of the following events:
(1) A change in the Use District for such lands is made by amendment to the
Zoning Ordinance by the City Council.
(2) Eminent domain proceedings have been initiated to take all fahY'Rart of the
premises described in the Conditional Use Permit.
(3) The use described in the Conditional Use Permit Q!?C
under the laws of the United States of America or;;ttl;~State
1108.215
Time Period for Abandonment 0 n;Conditi nal Use Permits. The
1 year period used in this d"; 'nans;~1ltb .d;e to determine whether a
Conditional Use Permit has Aibanceled,; evoked shall begin with the
date 'on of the resolu granting theiConditional Use Permit.
rfeited
(4) Title to all or part of land described in such
to the State of Minnesota for nonpayment
(5) The person to whom the Condition
statement in which that person ~
been abandoned. The statement shall
resolution number under which the Conditl
as issued files a written
. ional Use Permidh~s
'!!involved or state the
ermit was granted.
(6) The premises for whiqb the Conditional Use
the person to whom the"; it was issued in a
provisions of such Con I Permit.
as issued are used by
insistent with the
1108.216
Conditions Not,Met or Use Discontinued,.
Permit granted; the City is revoked and canceled if all
rtional Use Permit are not satisfied within 1
scontinued for a period of more than 2 years.
f the time period applicable to subsection 1108.216(1) above
'ner of the property on which a Conditional Use Permit
en disc d prior to the end of 2 years, the Planning Commission
prove", resolution, such requested extension if the Planning
ion fin'8s the use to be acceptable and a satisfactory reason exists to
extension; however, such extension shall not be granted if it would
discontinued use to extend more than an additional 3 years beyond
inal 2 years.
itension of Time. The Planning Commission may grant one or more 90-
day extensions of time under subsection 1108.216(2) beyond the termination
date for any Conditional Use Permit. The fee to process an extension request
shall be set by the City Council. Requests for extension of time must be filed
with the Zoning Administrator before the termination date of the Conditional
Use Permit, but such request shall not be filed more than 30 days before the
termination date.
City of Prior Lake
May J, J999
1l08/p7
1108.218
1108.219
1108.220
1108.221
1108.222
May 1,1999
Denial. Conditional Use Permits may be denied by resolution of the Planning
Commission. A resolution of denial shall set out the findings by the Planning
Commission that the conditions required for approval do not exist.
ADDeal to City Council. Any aggrieved persono'Nner of :Jffected property =r c:r:y
owner sf ;:r3peFty situated wholly or partly within 350 feet ofJig:~:.~~bject property
or any officer or department representative of the City maY;;lppealthe decision of
the Planning Commission to the City Council pursuant;!9i"5ubsection 1109.400.
The appeal must be in writing and must be filed with t9..~;w~){t~!!flar.-."i~g-Community
Development/Natural Resources Department withiQiim5 ol1Si s days after the
date of the Planning Commission decision. ;milff.. decisif the Planning
Commission shall not become effective until he'~nd of the I period has
expired. If an appeal is filed before the app 'od expires, th . of the
Planning Commission shall not becom until the has
rendered a decision on the appeal.
Duration and Enforcement. Cq
as long as the conditions stated in the
but nothing in this section shall prevent
amending official controls to change the stat
comply with those c itions results in termi
Permit.
Reimbursement of Cit
valid until the applicant
subsection 1109.900.
OF CERTAIN CONDITIONAL USE PERMITS.
e. The ose of this subsection is to continue certain Conditional
its issued under provisions of the previous Zoning Ordinance and to
procedures by which a Conditional Use Permit may be terminated or
d to a Conditional Use Permit complying with this Ordinance and by
operty affected by such Conditional Use Permits may be altered.
D nitions. The following terms have the meanings shown when used in the
ntext of this subsection.
Certificate of Zoning Compliance means a certificate issued by the Zoning
Administrator to the owner of a property covered by a Continued Conditional
Use Permit certifying that the property is in compliance with all provisions of
the Continued Conditional Use Permit.
City of Prior Lake
11 08/p8
Continued Conditional Use Permit. A Conditional Use Permit continued in
effect pursuant to provisions of this subsection.
Current Zoning Ordinance. City ordinance number 99-Q209-XX adopted
Februc:ry 16, 1999(New Ordinance approval date), which became effective on
Maj' 1, 1-999(new effective date).
Previous Zoning Ordinance. City ordinance number
JuRe ~1, 1MJFebruary 16, 1999, and all subseque
which was in effect on April 30,1999.
Propert}"-. The legally describes ;:arseJ-sf land, gO'.'erned by a Condition::1 ~sa
Permit, including bu~ nct limited t: strl::sWf:€, ;:::rking lots, landscaping, liBp.tiF:9;-
sigml ans all other physisal elements s.n..... ~he site and the l::se, operatie.1 aF:9
functioning of these elementsltB .,;
Conditional Use Permit. A land u~~i~pproval issl..!!?d by resolution of
CouncilPlanning Commission urfder:i~r9visions.ipf< the previous
Ordinance. ....>>,.>,
1108.303 Certain Conditional Permits Continued. LQ~8lJ~eS permitted by Conditional
Use Permits under p visions of the previous ing Ordinance are either
permitted, permitted ditions, conditional r ngn-conforming uses
under the provisions of . ceo This subsec" stablishes the status
of Conditional Use Perm er the previo ordinance based upon
the 4 categories describe cedures for the termination
and, in some cases, conver ermits.
(1) Use Permit U Now Per tted. Conditional Use Permits
uses which, u r the current Ordinance, are now permitted
. . District in which e property is located are hereby continued in
orce andj~ffect. The ownerl5perty subject to a Continued Conditional
equest termina .;" of the Conditional Use Permit by providing
. ermination. Upon receipt of a letter requesting
, the .................. a written termination to the applicant which shall
.nZ> the title to the property by the City. The owner of the property
sent form provided by the City wherein the owner agrees to
armless the City for any actions or consequences arising
the Conditional Use Permit. Upon termination of the
nal Use ermit, the land use shall be governed by the regulations of
'nance, and other applicable ordinances. Once a Conditional Use
declared terminated, it may not be reinstated.
ional Use Permit Uses Now Permitted With Conditions. Conditional
ermits issued for land uses which, under the current Ordinance, are now
es permitted with conditions in the Use District in which the property is
ocated are hereby continued in full force and effect. The owner of property
subject to a Continued Conditional Use Permit may request termination of the
Conditional Use Permit by providing the City with a letter requesting termination.
Upon receipt of a letter requesting termination, the City shall issue a written
termination to the applicant which shall be recorded on the title to the property
by the City. The owner of the property shall sign an assent form provided by
the City wherein the owner agrees to indemnify and hold harmless the City for
City of Prior Lake
May 1,1999
11 08/p9
1108.301
any actions or consequences arising from termination of the Conditional Use
Permit. Upon termination of the Conditional Use Permit, the land use shall be
governed by the regulations of this Ordinance, and other applicable ordinances.
Once a Conditional Use Permit is declared terminated, it may not be reinstated.
(3)
Conditional Use Permit Uses Now Conditional Uses. ..Conditional Use
;;;;z'...+4ftf
Permits issued for land uses which, under the current QtPiii4arrce, afe-also
require a conditional use permits in the Use District ip'Jf~hich the property is
located, are hereby continued in full force and effect. If ... er of a Continued
Conditional Use Permit may request the City t9,i$i~""z;;,,{.Jrlpliance of the
property with the terms and conditions of the Contt~~ed Corfa"" ~I Use Permit.
A holder of a Conditional Use Permit reques . sUch verific hall submit
such plans and other documentation nece demonstrate e Zoning
Administrator that the property complies erms and condltl..!!.....,pf the
Continued Conditional Use Permit. on a s~tisfactory demonstr~!i9,l1f,pf
compliance with the conditions of ontinued!!' nditional Use PerrrWti'Yfne
Zoning Administrator shall issue te of Zo Compliance statipgthat
the property complies with the ter s of the Continued
Conditional Use Permit. The Certifica Compliance shall be
recorded on the title of the subject property b
(4)
s. A land use
became a non-
located when this
..confor ing use subject to the
'qilal Use Permit authorizing
::~ ~se Perm!~ b!s&&,-.NI 1::00
. 'snsl b!se-Perr.1it sre subject to the gener:J1
. ':)..1sl b!se-Parmi~ s~sm;:1y
~el lJsa-Permit which were ir. affect on M:JY
n~ i~ is sl;:Bsaquently determine€! tt.c:t e r:;:-9p8ftj' is :1et--ifl
sntin~ad Conditie..1sl b!se-Per::nit, tAe
. '::r.al Use Perm? s~::lI take wh:Jtever c:stleRs
sscal) g tt.e ;:>ie:r:;arty into ca::F.J'}Ii::r.se--\\'ith the conditions :Jnd
""ff ...r. in the Conditisn::1 lJse Permit. F::i1l;::-8----te: =:-i:-:g tt.e
Con.:J1 ~ce' Permit into compHanse-within 1---ysc:r of written notification of
the ~i ce:mr:;liar.ce by the City shsll be grounds fsr termin:Jtien sf the
sl b!se Permi~. The r:;roseGufs ~s te followe~ in
. .g ~he Conditisnal IJss Psrmi~ shsll =s ~ha~ S~8 i:-: :;~~section
.~11. Upsn terminE:~i9A-9f the Gsntinl;:ed Conditional lJ.se-P.crmit, tr.e
:: shall =s :ubject ts the pr::visions ::f geGtfsn 11 ~;.2300 anGl sll atReF
:Jpplicable J'}r9VisiGF'.c, in::luding the re~l;:I::ti~ns fsr t~e b!se ~istRst i:1 \VAiGR
tOO :.!ss is lae::taa,.
('l)
,-
The property sh::1I sa::F.J'}ly--\\'~th sll 1'X"0visions of this Orsinance whisr. r~
GSr.1r:;lk:nce 'J:ith cer.:air. ;x9Vis+sns =y a cert:Jin d:Jte.
''')
\V
If the ~roperty is dS::r'r::ged or destroyed :Jnd the osst to rep:Jtr sl;:ch d:Jmage
eF-Ek:st:-u:tion oxceeds 60 perc:>.~t af tI"le County .'\ssessa:-'s :-:-:erket v:Jlue of
May 1,1999
City of Prior Lake
11 08/p 10
tho Gtru:ture at th€ ~ime of the dam3g3, tha property shall b: !:roogh~ inta
Ge;;r.jj~iance witt: t~is GFjinaAG&:-
<:-;>.:.;-;/ d'd':""'>':';;?:/
";::'<<.::/<<';.;'"
e. ,1I.ny non conformities existinSJ et. the s}~.~.~ ~'~.!I be bro~'~~.~~ gre3ter
or complete cer.-::;:Ii:nce with other provisio}tJ.:ii.iiij~.~is"i'Ordit.::-:cef(_$},~xtent
feaSe:"'r:!:)!e :t.d possible, excel3~ ~hat gre~ or oomplete C:-'~l3li:t. L. . ....
be required '::ith t~e following provisio~.IJ"this Ordincn€e7
;r !...ot are3
;r !...ot width
;r Required yards
;r ~uilding height
;r ~Iasr r::r€a ~ati9
;r
;r
;r
1108.400: S OF T
isions of t e Ordinance is provided for as
6) of the Laws of Minnesota by the creation
en practical difficulties or unnecessary
erty under consideration, and not mere
Ict enforcement of the literal provisions of
e made to vary or modify any regulation or
e or ~ect to the findings in Section 1108.406, so that
Ordinance is observed and substantial justice is done. A
remedy available where the Zoning Administrator has
"ing certificate or permit may be issued without varying
gulations or provisions of the Ordinance.The B03rd of
:-:t.Po'aria:-:ses-fFsm U:e st::::t a13jJlic3tion ef the provisions of
ans im;:ose conditi:ns anti s.a~8uar~s in the v::-i::-:ses
€a:e-.~ ef n:rmwR€SC, sh:llawA3ss-, :~ape of a lot,
nc:l t~graf>-hic or 'N::lter conditiens, or other extraor3inary ana
- nal conditions of the let, tR€ s~rist application sf tha-te:-ms sf this
It in ~tl;/liE::- E:t.d pr3ctical difficulties or exceptienal SF
hardship te ~he O'Nner of the let it. Sevele;:in~si:-:g the let in a
m3nner cust~m2ry and leg311y permissi=le--ifHI=le '...!se Distritt i:-: \vJ:H.:,~ s:ia-let
is located.
1108.401 ADDlications for Variances. Applications for Variances shall be filed with the
Zoning Administrator and shall describe the exceptional conditions of the lot
and the peculiar and practical difficulties claimed as a basis for the Variance.
City of Prior Lake
May 1,1999
11 08/p 11
1108.402
ADDlications. All applications for Variances shall be initiated by, or with the
consent of, the fee owner or owners of the property. A complete application
shall consist of:
~ An application form provided by the City, signed by the applicant and
the fee owner of the property.
~ An application fee as determined by the City Council
~ A survey of the property showing all property .
easements, and all proposed structures.
~ A map or plat showing the lands proposed
within 350 feet of the boundaries of that
addresses of the owners of the lands in t area as
the records of the County Auditor of,.~gQlt.,Co
records. .
~ Any other materials required by.,tgeCity.
1108.403
;>;,:'/:< .
Before a Variance request is approved
considered by the Board of Adjustm
consider the strict application of the pro
requirements of all applicable State Statutes.
r the Variance shal e
~>';">"'" <tlf
e.,FBb ra,of Adjustment shall
s"of the Ordinance and the
1108.404
Notice. After receipt 0
set a date for a publi
variance request within 3
variance. The public hea
subsection 1109.200 has b
plete application, the Administrator shall
efore the Boar djustment for any
eipt of the cowp ete application for a
I a efthe notice required by
1108.405
nt shall hol a public hearing in accordance
all hear arguments at the hearing for and
it may continue that hearing from time to
nably required. Final action on the
within 42G---60 days after the date the
by the City.
Issuanc b:s~men~ shall consider the eff-ect sf thE ;xoposed
.?'i";'r>~I~h, s::~ety :md welf3re of the cs~mu~ity, the existing
'sipar":;IiU~'conditisns, lig~t a~~ ::i:-, d3nger of fire, riclHs ;:l;eoo
tr.8-Gr.a:-::stcr ~nd devels;:r.1eAt-cf ~he neighborhood and
. in the surrounding c::-sa, a~e tt:a effect sf the ;:roposed
~sml3:-ehensi'le P~::n. The Board of Adjustment may grant
a Va e from the strict application of the provisions of this Ordinance, if it
finds .hat[JI(2]:
T are extraordinary conditions or circumstances, such as irregularity,
rrowness, or shallowness of the lot or exceptional totographicl or physical
conditions which are peculiar to the property and do not apply to the other
lands within the neighborhood or the same Use District.
(2) The granting of the variance is necessary to permit the reasonable use of the
property involved.
-
City of Prior Lake
May 1,1999
1108/p12
(3) The granting of the variance will not unreasonably impact the character of the
neighborhood or be detrimental to the health and safety of the public welfare.
(4) The granting of the variance is in harmony with the general purposes and
intent of the City Ordinance and the Comprehensive Plan.
(5) The hardship is due to circumstances unique to the pro
from actions of the owners of the property.
(6) The granting of the variance will not result in allowi
in the zoning district in which the subject property'
(7) The granting of the variance may be neces
inability to use solar energy systems.
CURRENT FINDINGS OF FACT
{1) V\lAeFe 131' re3son of ~::rr-ewRESS.,
reason of exceptisnc:1 tspadrc: .
and exceptisnc:1 conditic.'1s 9f--such let, t
this GF::linance '.'Yould resblt :F: peG\;iH::r C:F:~ l'"
cr bnt:llie ~e;,"Gg~ij: L:~:;,;::; the owner of such I::t I..
in a m3~~er custe.'1ler{ . sil3l
said lot ic loc3ted.
(2) Conditions applying ts th
property or i::F..
etAer Ic:na-sr strll
{J)
.ce will nst iP.1;:c:ir ::F: eaeG-:Jete Sb~
" br.reosonobly increase the congestisn i~
:- j:-:J=lis safety,-
'ariaF:ge-will :let l::1fea&::~::l3ly i:r.~est-sn tr.e-c.r.arastef
~1he neighborhood, llr.rease..'1al3ly-si:r.bsA-sr i:r.j:eif
es in the Gll;'";'"ounding c:r::a, sr in c:n, other way
::fety, e~d comfort of thE area-
ting of the proposed Vc:ria~ce will not be contr31)' to the int::F:t af--tRis
:: aF:d the CSr.1;xehensive P13n.
ran~in!}-sf c: V::riaF:ce will net n::erely serve 3G a convenience t:: tl=:e
'e::~t =llt ic :-1eG::ssa:-y-4e elleviate :: aems:"'rstracle undue ~e:-9€h1;: 9f
{8) Th:: I":c:raship r::::.Jlts fFsm ~:: a;:;:licotion of the provisisns of this Ordin3nce
to the off-ected property 3nd docs not resbl~ f;,":>,T. actions of the owners of the
property.
(9) Incre3sed development or construction costs or economic horde...'i;: alooe
sholl not be grounds for g;'"aF:t-:~g a Va;'"ia~~
City of Prior Lake
May 1,1999
1108/p13
1108.4078
1108.408
1108.409
1108.411
Limitations. No application for a Variance shall be accepted, and no
Variance shall be granted by the City for any of the following:
~ Land uses not specifically listed within a Use District.
~ Floor elevations lower than the Flood Protection Eleva .
flood protection required in the Flood Plain District.
Conditions and Modifications. In granting
administrator or the Board of Adjustment may i
appropriate conditions and safeguards as may.b
the extent possible under the circumstance
or provisions which are to be varied or.~ I Ie nd to reduce 0
potentially injurious effects of the v'ce upon adjoining propertl
character of the neighborhood, an ealth, s y, or general welf
the community. A variance and 'tions a feguards which AT re
made a part of the terms under which a a granted are binding
upon the applicant and any subsequent er, heir, or assign of the
property, and any violation of a variance or it 'tions and safeguards shall
be a violation of this o.jnance and punishable h. Bo~rd of ^d:iL:s~mern
may-grcmt t~e-Varia~. e c:r.s ir.1;:"'L.;'!<;;E..~: s::~gl;:arEl: ~
a conditie,'1 t s:-:-:p!iance ,..:if~.~onditions irn~
and to protect 3d:iac=n~ ;: . .
personowner sf effected
or partly within 350 feet of
er or depa ent representative of the City
Board of Adjustment to the City Council
decision of the Board of Adjustment shall
.f!the appeal period has expired. If an
period, the decision of the Board of
ctive until the City Council has rendered a
No application for a Variance from the provisions of this
gr1sidered until the applicant has paid the application fee
ity Council. No appeal of a decision shall be heard until
aid the appeal fee established by the City Council.
Nz c:;:;:IiGatJ.e,'1 fsr 3 V::riar.sE: shc:1I De: a:cepted, C:nG---Ae
_ :~=II == gra~ted by the City fer ar:)L:f t~s following:
~::~~ef: ~ot specifically listed within s ~:E: ~istfiGt:.
!=Ieor elev~tions lawer ~hc:n the: !=Iood Protectisn !::\evatb...~, ~r levels of
flees ;x-9teG#sn required in the Flood PI~in District.
Assent Form. No Variance with imposed conditions is valid until the
applicant has signed an assent form and the approved exhibits which
acknowledge the terms and conditions under which the Variance is granted
and agrees to observe them.
May 1, 1999
City of Prior Lake
1108/p14
1108.412 Filina. The resolution approving a Variance shall include the legal description
of the property for which the Variance was issued and a list of any conditions
set forth by the Board of Adjustment as part of the approval of the Variance.
A certified copy of the resolution shall be filed with the Scott County Recorder.
1108.413 Revocation and Cancellation of a Variance. A Variance
and canceled if the Zoning Administrator determines tha
existing Variance has violated any of the conditions or r
as a condition to approval of the Variance, or
applicable laws, ordinances, or enforceable re~'hhh i
procedures shall apply to revocations and cancellms:
(1) The Zoning Administrator shall notify the ,09 er in\,vriting of the viol
notice shall be given in person or by <?~ttified mail~. addressed to the
of the applicant stated on the origin .. lication. "'~tice shall also be s
upon the occupants of the premi~e ich the 'Vatipnce was issued +. , if
" ,<CYL!>"/'i>;\fi. -w'
no occupant can be found, notice sh o~l~a in a conspicuous place
upon such premises. Service shall be hIe on the date of mailing,
personal service or posting.
(2)
The notice shall be is
public hearing conduct
Conditional Use Permit
incurred pursuant to subs
::lppo::lles, after ~h
Vari::nce is termip.::ted-witl=:e
minimum ten (10) .to the date of a
lanning Commis he holder of the
to reimburse ht for any City costs
'81=:::11 sta~e tl=:at, urness
ct cefViG€, tr.e
'':1\
\ ../,
Eal ~~e notice of visl::tien ~o the BO::lrd of
Sl;:ch naME sl=:all se----tJle sa:l:e ::s tl=\e
S thE hakier :hc:1I !:E S I;: sj est te
:: Sl;:sseGtfe..'l 11 09.902.
ion Reauired. All Variances shall be revoked
if 1 year has elapsed from the date of the adoption of the
g the Variance and the holder of the Variance has failed to
.of the premises according to the provisions contained in
e Year. New Construction Reauired. All Variances shall be
and canceled after 1 year has elapsed from the date of the adoption
esolution granting the Variance if a new structure or alteration or
tial repair of an existing building is required by the Variance and the
r has failed to complete the work, unless a valid building permit
horizing such work has been issued and work is progressing in an orderly
way.
1108.416
UDon Occurrence of Certain Events. If the holder of a Variance fails to
make actual use of vacant land, or land and structures, which were existing
when the Variance was issued and no new structure, alteration, or substantial
repair to existing buildings was required; or if a new structure was required by
the Variance and no building permit has been obtained, the Variance shall be
City of Prior Lake
May 1,1999
1108/p15
deemed revoked and canceled upon the occurrence of any of the following
events:
(1) A change in the Use District for such lands is made by amendment to the
Zoning Ordinance by the City Council.
1108.417
Time Period for Abandonment 'jilting Varia e. The 1 year period
used in this Ordinance to co pute,,,.time'lO'ii' , 'fie whether a Variance has
been canceled or revokedWbegin wit e date of adoption of the
resol' nting the Varian
a written stateme ,,:.!!in
n abandoned. The
e resolution number
(2) Eminent domain proceedings have been initiated to take
premises described in the Variance.
(3) The use described in the Variance becomes an ilh:~~,~la
of the United States of America or the State of Minnesota.
(4) Title to all or part of land described in such
Minnesota for nonpayment of taxes.
(5) The person to whom the Variance
which that person states that to
y
statement shall described the land in
under which the Variance was granted.
(6) The premises for whiqh the Variance was iss
whom the Variance wa d in a manner incon
such Variance.
used by the person to
. the provisions of
1108.418
Met or Use Discontinued. Any Variance
anceled if all conditions imposed in the
ear-€r if ths 2;:;:rave~ uce is diso€:1ti:-:beG
. If an extension of the time period is
property on which a variance has been
ior to the end of the 21 years, the Board of Adjustment may
lution, such requested extension if the Board of Adjustment
eJ3t:13I€ ::-:a-a satisfactory reason exists to grant an
on of Time. The Board of Adjustment may grant an extension of time
xceed 1 year for any variance. The fee to process an extension
requ~ shall be set by the City Council. Requests for extension of time must
be fU:ed with the Zoning Administrator before the termination date of the
\,I~rjance, but such request shall not be filed more than 30 days before the
termination date.
Denial. Variances may be denied by resolution of the Board of Adjustment.
A resolution of denial shall constitute a finding by the Board of Adjustment
that the conditions required for approval do not exist.
City of Prior Lake
May 1,1999
1108/p16
1108.421 Duration and Enforcement. Variances shall remain in effect as long as the
conditions stated in the permit are observed. Failure to comply with those
conditions results in termination of the Variance.
1108.422 Reimbursement of City Costs. No Variance shall become valid until the
applicant has paid to the City all fees due according to subse 1109.900.
1108.423 Buildina Permits. No building permit shall be issued
which the Board of Adjustment has approved a Vari
has paid to the City all required fees, has signed an
any required letter of credit.
y;;:)::
1108.500: AMENDMENTS To THE ZONING Q~6INANCE AND THE
ZONING MAP. The City may, eitheJ' '''1 its own initiative or by petitio
property owner, consider amendml? . he formahtext of this ordinan
to the boundaries of the Use Distfict rshedpnmth~Official Zoning' ap.
This subsection outlines the procefori consideration of these
amendments.
1108.501 Initiation of Proceedih
in one of four ways as
~
review of such
~
City to consider an amendment to the
for Ame c'ts to the Official Zonino Mac. All applications
the boundaries of any Use District initiated by the petition of
rs gf the property shall be on a form provided by the City
ahied by the following information and/or attachments:
legal d scription of the property to be changed.
map or plat showing the property proposed to be changed and all
roperties within 350 feet of the boundaries of that property.
he names and addresses of the owners of properties within 350 feet
of the property to be changed as shown on the records of the Scott
County Auditor.
An application fee as established by the City Council.
ADDlications for Amendments to the Text of the Zonina Ordinance. All
applications for amendments to the formal text of this Ordinance initiated by
the petition shall be on a form provided by the City and shall be accompanied
by the following information and/or attachments:
City of Prior Lake
May 1,1999
1108/p17
~ A written description of the changes to the formal text of this
Ordinance and the reasons and rational for the proposed changes.
~ An application fee as established by the City Council.
1108.504
Notice. Notice of the public hearing shall be provided pursuant to subsection
1109.200. In the case of amendments to the text of the Ordi e, notice to
property owners is not required; however, a notice of the Jing shall
be published for 2 consecutive weeks prior to the hearin
1108.505
The Commissioner of the Department of Natural
at least 10 days in advance of the public hearing
text of the Flood Plain regulations or the bounc:!~n
Flood Plain boundaries shall not be ar1])~,pg.~,~ less the
adequate information to the Commissi.~~ef of the Department
Resources that the map is in error or the'\Iands are adequately protect
flood.
Procedure for Review of Amendmen PtPp~~eCfamendment shall be
reviewed by the City staff and a report .9~rhing the proposal shall be
submitted to the Planning Commission for itsc!, ideration within 30 days of
receipt of all material r uired by this Ordinance of the application.
The Planning Commis
subsection 1109.200.
hearing, if necessary, an
to the City Council within 6
all of the necessary submit
Com . . fails to make a
C.i.,.,t..."...y.,......,.) ay then con
Ofnmission ommendation.
accordance with
continue the public
ation on the amendment
lete application, including
y the City. If the Planning
mmendatio within the 60-day period, the
r the amendment without the Planning
mendment in whole or in part, may deny
y consideration of the amendment for further
inves.)>.> . later date. The City Council shall render a
. gecisiorti~~~~[ding the amendment application within 60 days of the Council's
. 'al consiCl' 'on of the amendment.
ion. A "z>,,, ents to this Ordinance or to the Official Zoning Map
majority'vote of all members of the City Council. The adoption or
ent of any part of the Zoning Ordinance that changes all or part of
the ing classification of a Zoning Use District from residential to either
com .."..,.,'. cial or industrial requires a 2/3rds majority vote of all of the members
of t lS)'City Council. (Amd. ord. 01 10, pub. 9/8/01)
es For Rezonino and Amendments to the Text. No application for
change in the boundaries of any Use District or for change in the text of the
Zoning Ordinance shall be filed until the person making the request has paid
the fee which has been set by the City Council. If the City Planning
Commission initiates proceedings for rezoning and text amendments, the
Council may require that such payment be made by owners of property
involved before making any change.
City of Prior Lake
May 1,1999
1108/p18
1108.600 POLICY FOR AMENDMENTS. Recommendations of the Planning
Commission and final determinations of the City Council shall be supported by
findings addressing the relationship of the proposed amendment to the
following policies:
(1) In the case of amendments to the Official Zoning Map filed
~ The area, as presently zoned, is inconsiste
goals of the Comprehensive Plan, or the
erroneously due to a technical or administ
~ The area for which rezoning is reques
to such a degree that it is in the
encourage redevelopment of the
~ The permitted uses allowed .
appropriate on the subjec
properties and the neighbor
(2) In the case of amendments to the formal te
~
~
There is a pub!'
The amend me
Ordinance, the
of the City, or
The adoption of the
requirements.
th purposes of this
plans or policies
~
ith State and/or federal
1108.700:
OMPREHENSIVE REZONING. Whenever
city or acting on referral from the City
ends a comprehj/'j/ e rezoning of a substantial part of the
of not less jlian 50 lots in a platted area or 5 acres of
Orm to changing conditions, the City Council
II or pa commendation effective by amendment to this
uch a case, the provisions of subsection 1108.500 shall not
the procedure for such amendment shall be as provided in
~rough 1108.705 below.
A ma shall be prepared and filed in the Pffinning-Community
ent/Natural Resources Department which shows all streets and
the area proposed to be rezoned in sufficient detail to permit each
platt,> lot and each parcel of ground to be identified by the Use District
cla~,~ification assigned and all Zoning regulations which will be applicable to
zm if the proposed amendment for rezoning is adopted.
Plannina Commission Hearina. The Planning Commission shall hold one
public hearing in a manner described in subsection 1109.200 prior to making
a recommendation for a Comprehensive Rezoning to the City Council.
1108.703
Notice. Notice of the public hearing on the proposed rezoning amendment
shall be published in at least 3 weekly issues of the official newspaper. The
City of Prior Lake
May 1,1999
1108/p19
1108.704
1108.705
1108.800
1108.801
May 1,1999
hearing shall be held not less than 9 or more than 24 days after the last
publication.
AdoDtion. The City Council shall act upon the proposed rezoning within 60 days
after the Council has received the Planning Commission recommendation. A
majority vote of all members of the Council shall be req' to adopt any
amendments to the Zoning Ordinance. The adoption or a t of any part
of the Zoning Ordinance that changes all or part of the e' g classification of a
Zoning Use District from residential to either com mer . . dustrial requires a
2/3rds majority vote of all of the members of the C' The City Council
may alter the amendment proposed, but if the al on res a modification
of the Zoning Map filed at the time of the first R~bll A,ztion of no he hearing,
it shall not be made until 10 days after notic. ...~.,. be<en given by red mail
to the owner of the property to be zoned 1m a'fhendment is bei idered
and may be adopted which is differefrom that shown on the origig
Map filed in support of the requeste ing
9/8101)
Publication. If an ordinance is provides for comprehensive
rezoning even though less than the entire CI Y)i./0;t~Jfected, the City Council shall
require that new zoni maps be prepared shOV\(!g:~ilhe Use District boundaries
after adoption of the rehensive amendfheIJl~. Thgse maps shall be
published as part of the of the amendmerUi1isJfhe adopted ordinance
need not describe the t luded in eacQ,jiUse District in any way
other than by reference to ire by this subsection.
pre ensive Plan is a compilation of policy
gg~ls, standards a aps for guiding the physical, social and
ment, both pri. e and public, of the City of Prior Lake. The
c>sls, policies and standards, a land use plan, a
cilities ansportation plan and recommendations for plan
is an adopted statement of City policy concerning development.
inance is adopted for the purpose of carrying out the policies and
!?plan. However, any amendment to the formal text of the
Ordinan,. r the Official Zoning Map which is inconsistent with the
ensiv~pian shall not be invalidated as a result of the inconsistency.
may, either by its own initiative or by petition of a property owner,
amendments to the formal text of the Comprehensive Plan or to the
ehensive Plan Land Use Map. This subsection outlines the procedures
onsideration of these amendments.
ADDlication. Any person requesting a change in the Comprehensive Plan shall
submit an application in the form prescribed by the City. The application shall
describe the change requested, state the reasons for the requested change, and
attach documentation to support the request. The applicant shall pay a fee
established by the City Council when the application is filed with the PI:mning
Community Development/Natural Resources Department. If the request
requires a change in the Comprehensive Plan Map, a map or plat showing the
City of Prior Lake
1108/p20
lands proposed for the amendment and all lands within 500 feet of the
boundaries of that property and two copies of the names and addresses of the
owners of the lands in the area as they appear on the records of the County
Auditor of Scott County or other appropriate records shall be 2 copies of a list-ef
the nam€: and addresses of owners of record sf gll properties v:ithin 500 f-eet of
tAe ;:srcel for 'Nhi::,~ ti':e Gi':::~5"e is :-equeste:: ::~c:lI ::e-::I3~::iF: em t~e County
Auditor ana-filed with the application. ThE C:pplisc:nt sh:: it :: m::j:)
showing thE ;:r:>perties with:n aDO feet sf the parcel.
1108.803
Staff Review. Upon receipt of the complete ap
review the request and determine whether a end
guidelines established by the Metropolitan Coun... of the
review of Comprehensive Plan amendmenqJ'~sted. If a
requested, a copy of the proposed am dm t shall be forw
Metropolitan Council for its review wit,nih 10 working days of rece
request by the City.
1108.804
Plannina Commission Review"i.~jp~~Oh1rrnSSiOn shall review all
requests for an amendment to the;"iQgrPprehensive Plan or the
Comprehensive Plan Land Use Map at a pu6li~iill~~,~ring. Notice of the public
hearing shall be provo ed pursuant to subsecHO....j 09.200. The Planning
Commission shall hol blic hearing on the . aS90rdance with the
procedures in subsecti and may contie hearing once. If
the Planning Commissio cessary to Sp tinue the hearing a
second time, a new notice r the continued hearing.
1108.805
Planning Commission shall
t the publi hearing, the staff reports, and
ent and shall report its findings and
ncil with 60 days of the date a complete
sary submittals, was received by the
jls to make a recommendation within the
y then consider the amendment without the
endation.
The City Council may approve the amendment in whole
he amendment, or may continue consideration of the
a ......,..,.."..ment fo er investigation and hearing at a later date. The City
Couij;~i,l.;shall re, er a decision regarding the amendment application within
60 d~YI$'''of the Council's initial consideration of the amendment.
Adootion. All Comprehensive Plan amendments shall be adopted by
resg!~fion of the City Council approved by a 2/3rds majority of all members of
tt.lgiiCouncil. The resolution shall be forwarded to the Metropolitan Council of
. e Twin Cities for its approval. The resolution shall be effective upon
approval by the Metropolitan Council.
1108.8C8 !leleted. (amd. Ord. C1 2:, p~~. 1 Q/23/01)
1108.900 SITE PLAN REVIEW.
City of Prior Lake
May 1,1999
11 08/p21
1108.901
1108.902
1108.903
Puroose and Intent. The site plan review procedure is an administrative
review performed by City staff for uses which, because of their nature,
operation and location in relation to other uses, require a more thorough
review procedure. The purpose of this procedure is to identify all relevant
issues and permit requirements prior to the application for a building permit.
To achieve this, this subsection describes the procedure~:5.92yerning the
application and review process. "" ,...'"
Uses Subiect to the Site Plan Review Procedure. $,it
required for all of the following uses:
~ Temporary Structures, allowed
1101.510 (3).
~ Any uses permitted with condition
Use Districts.
~ All uses permitted and permi
3T, C-4, C-5 and 1-1 U D
substantial building alteration tH
landscaping or other requirements of
ADDlication for Site Plan Review. An applicatio Site Plan Review shall
be on a form provided ity and shall incluYne, address and
telephone number of the e name, addres telephone number
of the property owner, an e . t s in whic e property is located.
The application shall also O~)pccom Qllowing information:
May 1,1999
. icate of survey of'~'m property;
site plan bas~s:1 on the current survey. The site plan must
following information:
imensions
itions and e ting development on the subject property
cent properties.
propose of all areas of the site.
roposed density, type, size and location of all dwelling units,
nits are proposed.
ral size, location and use of any proposed nonresidential
builg gs on the site.
All public streets, entrance and exit drives, and walkway locations.
All parking areas.
Trash enclosures.
Outdoor mechanical equipment.
Landscaping Plans, including irrigation plans.
A tree inventory and tree preservation plan.
Lighting plans showing all outside and building exterior lighting.
Signage Plans.
Grading and erosion control plan, including stormwater drainage
calculations.
~ Utility plans.
-
City of Prior Lake
1108/p22
1108.904
1108.905
1108.906
> A fire protection plan identifying fire lanes, hydrant locations, post
indicator valves and Siamese connections.
)i.- Building plans, including exterior wall elevations, exterior building
materials and cross section floor layouts.
)i.- Any other information the City may request to determin
proposed project meets the requirements of this subse
)i.- Summary sheets which include:
· Proposed densities, ground floor area and f
· Acreage or square footage of individual I
Procedure for Aooroval of a Site Plan: receipt
application, the PI3~~Community op nt/Natura
Department will refer the application tg. . 'Departments an
interested parties. The Plannin9-Commi~y DevelopmenUNatural R
Department will then review the pro ed develoR.Qlent for complianc
the provisions of the Zoning Ordip~ e Subdivi~j,gr Ordinance and 9.' r
applicable ordinances. Within 60 aay '~'j9;.S?~ipt f,.~~eolTlplete application:' the
City PI:mning Staff will take action to appr,C;l..,';;;;; . ny the application.
Aooeal to the Zonina
PI::mning Staff may b
days of notification of t
application. Appeals sha
subsection 1109.300 of th
Board of Adiustme e decision of the City
aled to the Zoning ,;,';";iiiigf A~justment within 5
. of the staff to apprp..v.........e............i.........i.P.......'..',.rCieny the site plan
according to t~~I:5rocedure outlined in
Buildina Permits. No buil
which Ian has been a
re nd has filed an
CE INTENTIONALLY BLANK
FUTURE AMENDMENTS)
May 1,1999
City of Prior Lake
1108/p23
Zoning Code
SECTION 1109
ADMINISTRATION PROCEDURES
SUBSECTIONS
1109.100:
1109.200:
1109.300:
Administration
Public Deliberations and Hearings
Appeals from the Decision of the Zoning Administrator and the Zoning
Board of Adjustment
1109.400: Appeal to the City Council
1109.500: Appeal to District Court
1109.600600: Building Permits
1109.600700: Requirements For Certificates Of Surveys As Part Of The Building Permit
Applications
1109.+00800: Certificate of Occupancy
1109.800900: Enforcement
1109.9001000: City Fees
1109.100: ADMINISTRATION
1109.101 PurDose and Intent: The purpose of this subsection is to outline the general
administration procedures and provisions of this Ordinance. General
administration functions deal with matters such as the interpretation of the
ordinance, appeals of the decision of the Zoning Administrator or other
appointed bodies, general notification and public hearing requirements,
enforcement of the Ordinance, building permits, certificates of occupancy,
application fees, and other administrative procedures.
1109.102 InterDretation of the Ordinance. The provisions of this subsection are
intended to establish guidelines to follow in clarifying ambiguities that may arise
regarding the meaning of text in the Ordinance, the interpretation of the Zoning
Map, or the application of rules and regulations adopted pursuant to this
Ordinance. Subject to the requirements set forth in this subsection, the Zoning
Administrator shall render interpretations of any provision of this Ordinance or
any rule or regulation issued pursuant to it.
Any person seeking to establish a use of land or a building which is not
specifically listed in any of the use categories in this Ordinance may ask the
Zoning Administrator which category of use shall be applied. The Zoning
Administrator's decision will establish whether the proposed use is permitted
under any of the categories in this Ordinance. The Zoning Administrator shall
consider functional similarities between uses listed in the Ordinance and the
proposed use including nuisance characteristics, traffic appearance and mode
and hours of operation in making its determination. The determination of the
Zoning Administrator shall be in writing and shall include a statement whether
the use is "permitted", "permitted with conditions", "permitted as a conditional
use" or "permitted as an accessory use". If the Zoning Administrator determines
that the proposed use is not permitted under any category, that conclusion shall
be stated in the written determination.
City of Prior Lake
May 1,1999
11 09/p 1
Zoning Code
Any decision of the Zoning Administrator determining Use District boundaries or
permitted land uses may be appealed to the Zoning Board of Adjustment under
the provisions of subsection 1109.300.
1109.200: PUBLIC DELIBERATIONS AND HEARINGS. The requirements of this
subsection identify the general procedures applicable to all public hearings
conducted in the administration of this Ordinance.
1109.201 ResDonsibilities of the Zonina Administrator. The Zoning Administrator,
subject to further direction of the governing body, shall perform the following
duties related to public hearings resulting from the administration of this
Ordinance, and consistent with the other provisions of this Ordinance:
~ Schedule and assign the matter for review and hearing.
~ Conduct the correspondence of the hearing body.
~ Give notice.
~ Maintain a record and enter into the record relevant dates such as those
of giving notice, hearings, postponement and continuances, and a
summary of the action taken by the hearing body.
~ Except in cases of the City Council, prepare minutes of the hearing,
which include the decision on the matter heard and the reasons for the
decision.
~ Reduce the decisions of the hearing body to writing within a reasonable
time.
~ Mail a copy of the decision to a party requesting the same upon payment
of a reasonable fee, if a fee has been established.
1109.202
Notice of Hearinq. Notice of a hearing shall contain the following information:
~ The date, time and place of the hearing.
~ Where the hearing involves a development application for a specific
parcel of land, a description reasonably calculated to inform a person of
the location of the property for which the action is pending, including but
not limited to the use of a map or a postal address and subdivision lot
and block designation, a metes and bounds description or the tax map
designation assigned by the County Auditor.
~ The nature of the issue up for hearing.
~ The sections of the Ordinance-thet ere pertinent to the hearing
procedure.
~ Where and when information regarding the application may be examined,
and when and how written comments addressing findings required for a
decision by the hearing body may be submitted.
1109.203
Procedure for Mailed Notice. A notice of the hearing shall be mailed at least
10 days before the date of the hearing to each owner of the affected property
and the owners of record of property located wholly or partly within 350 feet of
the property for which the application has been filed. For Comprehensive Plan
Amendments, notice shall be mailed to the owners of record of property located
within 500 feet of the property for which the application has been filed.
City of Prior Lake
May 1,1999
1109/p2
1109.204
1109.205
1109.206
May 1, 1999
Zoning Code
Addresses for mailed notices required by this Ordinance shall be obtained from
the records sf the Scott Cs~nty Auditsr's Office or frsm a certified abstract
company. A copy of the notice and a list of the owners and addresses to which
the notice was sent shall be attested to by the person giving the notice and shall
be made a part of the record of the proceedings. The failure to give mailed
notice to individual property owners or defects in the notice shall not invalidate
the proceedings provided a bona fide attempt has been made to comply with this
subsection.
For Conditional Use Permits, Variances or other applications within the
Shoreland and Flood Plain Districts, a notice of the public hearing must also be
mailed to the Commissioner of the Department of Natural Resources and the
appropriate Watershed District at least 10 days prior to the hearing date.
For Conditional Use Permits, Rezoning and Comprehensive Plan Amendments,
a notice of the application shall be posted on the site. The notice shall include a
description of the application type and a phone number for further information.
Procedure for Published Notice. A notice of the time, place and purpose of
the hearing shall be published in the official newspaper of the City at least 10
days prior to the date of the hearing.
Rules of Evidence. The public hearing is neither an administrative nor
adversary proceeding. Nevertheless, it is necessary that certain rules of
procedure and evidence be followed in order to preserve the issue before the
hearing body and to protect the rights of the interested parties. To this end, the
presiding officer may make rulings as are necessary to preserve fairness, order
or proper decorum. The presiding officer, any member of the governing body,
the attorney, the Zoning Administrator, or any interested party may object to and
the presiding officer may exclude any evidence, testimony or comment which is
incompetent, irrelevant, immaterial or unduly repetitious to preserve the issue
before the governing body. The presiding officer, any member of the governing
body, the City Attorney and the Zoning Administrator may question any person
giving a summation, presentation or comment. Any affected parties may offer
evidence or testimony in explanation or rebuttal only with respect to evidence or
testimony which was not presented at a previous review proceeding, and the
presiding office may determine that testimony for such purposes shall be limited
in duration.
Decision. Following the hearing, the hearing body shall, within the time limits
imposed by this Ordinance and by Minnesota Statutes, approve, approve with
conditions, or deny the application or, if the hearing is in the nature of an appeal,
affirm, reverse or remand the decision that is on appeal. The final decision on a
matter may be extended for a reasonable period of time by agreement between
the applicant and the hearing body, but not to exceed 6 months from the date of
the first hearing on the matter.
For applications within the Shoreland and Flood Plain District, a Notice of the
decision must be sent to the Commissioner of the Department of Natural
Resources within 10 days of the date of the decision.
City of Prior Lake
l109/p3
1109.207
Zoning Code
Findinos of Fact. The hearing body shall prepare findings of fact which shall
include:
~ A statement of the applicable criteria and standards against which the
proposal was tested.
~ The reasons supporting a conclusion to approve or deny an application
with or without conditions.
~ The decision to approve or deny the proposed application and any
conditions which may be attached to the decision.
1109.300: ApPEALS FROM THE DECISION OF THE ZONING ADMINISTRATOR AND
THE ZONING BOARD OF ADJUSTMENT.
1109.301 Rioht to ADDeal from the Decision of the Zonino Administrator. At any time
within 5 business days after a written order, requirement, permit, decision,
refusal, or determination by the Zoning Administrator has been made interpreting
or applying this Ordinance, except for actions taken in connection with
prosecutions for violation hereof, the applicant or any other person affected by it,
or an officer or department representative of the City may appeal the decision to
the Board of Adjustment by filing a Notice of Appeal with the Planning
Community Development and Natural Resources Department addressed to the
Board of Adjustment stating the action appealed from and stating the specific
grounds for the appeal.
1109.302 Settino a Public Hearino. The City shall set a Public Hearing for the appeal by
the Board of Adjustment to be held not less than 10 days nor more than 45 days
after it receives a Notice of Appeal. Notice of the hearing on the appeal before
the Board of Adjustment shall be given by mail to all applicants pursuant to
subsection 1109.200. A notice of hearing shall be published in the official
newspaper of the City at least 10 days before the hearing date if the appeal
involves the determination of boundary lines of a Use District. Any interested
party may appear at the public hearing in person or by agent or attorney.
1109.303 Board of Adiustment to Decide. The Board of Adjustment shall determine all
appeals from any written order, requirement, permit, decision, refusal, or
determination of the Zoning Administrator; and from any interpretation of the text
of this Ordinance, the location of boundaries of a Use District as shown on the
Zoning Map. The decision of the Board of Adjustment shall be by resolution.
The resolution shall be adopted by a majority vote of all members present and
voting on the issues presented by the appeal. In making the decision, members
of the Board of Adjustment shall consider the questions raised in light of the
general purpose of this ordinance and the Comprehensive Plan. A copy of the
resolution of the Board of Adjustment shall be mailed to the applicant.
1109.400: ApPEAL To THE CITY COUNCIL. Any owner of affected property or any
owner of property situated wholly or partly within 350 feet of the affected property
or any officer or department representative of the City may appeal the decision
of the Board of Adjustment to the City Council. The appeal must be in writing
and must be filed with the Zoning Administrator within 5 business days after the
City of Prior Lake
May 1,1999
l109/p4
Zoning Code
date of the Board of Adjustment decision. The required fee shall be paid when
the appeal request is filed. When an appeal is received by the City, the applicant
will be notified of the date and time the City Council will hear the appeal. No
appeal will be heard until all owners of property within 350 feet of the subject
property are notified of the date scheduled for the appeal hearing. Notice shall
be provided in the manner set out in subsection 1109.200. The City Council
shall hear the appeal within 30 days of the filing of the appeal unless that period
is extended with consent of the appellant. The City Council may uphold the
decision of the Planning Commission, or where applicable, acting as the Board
of Adjustment, may affirm the decision of the Planning Commission or Board of
Adjustment. The City Council may reverse a decision of the Board of
Adjustment by an affirmative vote of the majority of its full membership. The City
Council shall render a decision within 30 days of the conclusion of the appeal
hearing. (amd. Ord. 1~5 1~ ;:b:!:).. 6!7!05)
1109.500: ApPEAL TO DISTRICT COURT: Any person aggrieved by an ordinance, rule,
regulation, decision or order of the City Council shall have the right to appeal
within 30 days, after receipt of notice of the decision, to the district court.
1109.600600: BUILDING PERMITS. No person shall construct, alter or expand a
structure within the City of Prior Lake without first obtaining a building permit. No
building permit shall be issued unless the building or structures and proposed
use of the land comply with the requirements of this Ordinance.
1109.W4601 An application for a building permit shall be on a form provided by the City and
shall be accompanied by the appropriate attachments including, but not limited to
the following:
(1) A current survey of the property, unless exempted under subsection 1109.600,
and/or a site plan drawn to a scale not to exceed 1 inch to 50 feet showing the
proposed size and location of the structures, bufferyards, parking areas,
drainage, lighting, loading berths, and landscaping existing on the site or to be
installed on the site.
(2) A statement of the proposed use of the structure and the land uses on all
adjacent properties.
(3) Exterior elevations of the proposed structure which will adequately and
accurately indicate the height, size, design and the appearance of all elevations
of the proposed building and description of the construction and materials to be
used therein.
(4) Any other information the Zoning Administrator may require to determine
compliance with the provisions of this Ordinance.
1109.W2602 Future Decks. An application for a building permit for a new residential structure
shall include the location of a future deck. This provision precludes the
installation of second story doors, deck ledger boards, and so forth, on a
structure that does not allow for a minimum 10 foot deep deck in addition to the
minimum yard setback required in the use district or other applicable setbacks. If
the location of a future deck addition is not shown on the building permit
City of Prior Lake
May 1,1999
l109/p5
Zoning Code
application, the property owner must sign a statement that a deck cannot be
constructed in the future. This statement shall be recorded against the property
at Scott County. (/\md. Ord. 04 08 pI:Jb.2I28/04
11 09.~603 The applicant shall be responsible for determining the following:
~ Whether permits or approvals are required from any other governmental
agency.
~ Whether the property is located within a protected wetland.
~ Whether a structure will be built over an existing easement.
1109.600700 REQUIREMENTS FOR CERTIFICATES OF SURVEYS As PART OF
THE BUILDING PERMIT ApPLICATIONS. A certified lot survey with all
improvements shown thereon, prepared by a registered land surveyor, is
required as part of the building permit application for all new construction unless
exempted by the provisions listed in this subsection.
1109.004-701 In the case of a replacement deck only, the property owner may, in lieu of the
certificate of survey, provide clear field identification of the lot pins, and scale
drawing of the lot accurately portraying all current construction on the property
and showing all dimensions from the structures to the side, rear and front lot
lines, provided that:
(1) The replacement deck must be the exact width, depth and height of the existing
structure;
(2) The location and size of the existing deck must be verified by City staff;
(3) The site plan must be accurate and specific to the satisfaction of City staff;
(4) The new deck must comply with all current Building Code requirements;
(5) The City may request a new certificate of survey be provided, if, in the City's
discretion, it is considered desirable under the following circumstances:
a. The existing survey show proposed structures rather than existing
structures.
b. The existing survey does not show all the structures on the property.
c. The topography or other physical characteristics of the site are such that
the City cannot reasonably verify the location of the existing and/or proposed
structures, even though the property pins have been located.
d. The existing survey does not identify the existing easements on the site.
e. A new certificate of survey is necessary to determine elevations on the
site for the purpose of identifying drainage patterns, wetlands, bluffs, flood
elevations, and/or ordinary high water elevations.
f. The City has reason to believe the conditions on the property may have
changed since the date of the original survey.
City of Prior Lake
May 1,1999
l109/p6
Zoning Code
g. The City believes the proposed project may create aesthetic issues which
require additional information.
h. The City believes the proposed may impact adjacent property values in
such a manner that additional information is required.
(6) Any subsequent addition to the replacement deck in width, depth, steps, roof or
amenities may require that a certificate of survey be completed and submitted
with that permit, unless exempted by the provisions listed in this Section.
1109.eQ2702 A new certificate of survey will not be required for additions to existing structures
or new accessory structures on lots outside of the Shoreland and/or Flood Plain
district, subject to the following provisions:
(1 )
The existing survey must be signed by a registered land surveyor, and must
depict the actual location of the existing structures on the lot.
(2)
The City will require that property pins be located on the site so staff can verify
the structure setbacks.
The addition and/or new structures must be drawn on the survey to scale.
(3)
(4)
The proposed addition or structure does not exceed 480 square feet.
Ie.)
.\~
{Dotot-od by Ord. 99 18 pI:Jb. 11/15l99)
(5)
The City may request a new certificate of survey be provided if, in the City's
discretion, it is considered desirable under the following circumstances:
a. The existing survey shows proposed structures rather than existing
structures.
b. The existing survey does not show all the structures on the property.
c. The topography or other physical characteristics of the site are such that
the City cannot reasonably verify the location of the existing and/or proposed
structures, even though the property pins have been located.
d. The existing survey does not identify the existing easements on the site.
e. A new certificate of survey is necessary to determine elevations on the
site for the purpose of identifying drainage patterns, wetlands, bluffs, flood
elevations, and/or ordinary high water elevations.
f. The City has reason to believe the conditions on the property may have
changed since the date of the original survey.
g. The City believes the proposed project may create aesthetic issues which
require additional information.
City of Prior Lake
May 1,1999
l109/p7
Zoning Code
h. The City believes the proposed project may impact adjacent property
values in such a manner that additional information is required.
1109.003703 A new certificate of survey will not be required for new decks within the
Shoreland and/or Flood Plain Districts, subject to the following provisions:
1109.604704
(1 )
The existing survey must be signed by a registered land surveyor, and must
depict the actual location of the existing structures on the lot.
(2)
The City will require that property pins be located on the site so staff can verify
the structure setbacks.
(3)
The addition and/or new structures must be drawn on the survey to scale.
(1)
{Deleted per Ord. 99 18 pub. 11/15/99)
(4)
The City may request a new certificate of survey be provided if, in the City's
discretion, it is considered desirable under those circumstances set out in
subsection 11 09.602(6a) through (6h).
The City may waive the survey requirements for decks set forth above when, in
the judgment of the Plannin5"-Community Development and Natural Resources
Director and Building Official, the property owner provides reasonably reliable
evidence of what the property owner believes are the property boundaries and
meets the conditions and requirements below:
(1 )
The deck must be drawn on a site plan to scale. The site plan must identify
dimensions of both existing and new structures, and the distance from any lot
lines.
I'))
,-
{De/cted by Ord. 99 18 pI:Jb. 11/15/99)
(2)
The property owner shall pay a fee for the staff review according to the adopted
fee schedule.
1109.+00800 CERTIFICATE OF OCCUPANCY. No person shall use or occupy any
land or building within the City of Prior Lake without first obtaining a Certificate of
Occupancy.
1109.7G4801 Uses Reouirina Certificates of OccuDanc~. A Certificate of Occupancy is
required to be obtained from the City for any of the following:
~ The establishment of a new land use.
~ A change or expansion of any existing land use.
~ Any change in a non-conformity.
~ The construction, alteration or expansion of a building.
~ Any change of ownership or occupancy as determined by the Building
Code of an existing commercial or industrial building.
1109.7Q2802 ResDonsibilitv. Both the property owner and the lessee, shall be responsible
for securing the Certificate of Occupancy required by this subsection.
May 1,1999
City of Prior Lake
l109/p8
Zoning Code
1109.+W803 Aoolication and Information Reauired. An application for a Certificate of
Occupancy shall be on a form provided by the City an shall be accompanied by
the appropriate attachments including, but not limited to the following:
(1) A current survey of the property, unless exempted under subsection 1109.600,
and/or a site plan drawn to a scale not to exceed 1 inch to 50 feet showing the
proposed size and location of the structures, bufferyards, parking areas,
drainage, lighting, loading berths, and landscaping existing on the site or to be
installed on the site.
(2) A statement of the proposed use of the structure(s) and the land uses on all
adjacent properties.
(3) Any other information the Zoning Administrator may require to determine
compliance with the provisions of this Ordinance.
1109.+04804 Issuance of a Certificate of OccuDancv. A Certificate of Occupancy shall be
issued by the Zoning Administrator upon satisfactory completion of an
application submitted on a form provided by the City if the Zoning Administrator
determines that the use complies with all applicable sections of the Ordinance
and approval of the building construction has been given by the Building Official.
The City shall not issue the Certificate of Occupancy if the information provided
by the applicant is insufficient to determine compliance with this Ordinance.
1109.-7Qa805 Revocation of a Certificate of Occuoancv,. A false statement of any fact
material to the decision whether to issue a Certificate of Occupancy made or
contained in an application for a Certificate of Occupancy shall automatically void
the Certificate. Whenever the City determines a false statement has been
made, the Zoning Administrator shall notify the holder of the Certificate in writing
that it is void. Any person who occupies or uses the land or building 10 days
after notice has been mailed that the Certificate previously issued is void, shall
be guilty of a violation of this Ordinance unless that person applies for and
secures a new Certificate based upon a true statement of fact.
1109.800900
ENFORCEMENT
1109.004901 Comoliance with Reaulations. All persons, firms, corporation, and voluntary
associations shall comply with the regulations and conditions contained in this
Ordinance. Any person, firm, corporation or voluntary association who fails to
comply with any of the provisions of this Ordinance, or builds or alters a building
in violation of any detailed statement, conditions or plan imposed in the manner
permitted by this Ordinance, shall be guilty of a misdemeanor. Each day that a
violation occurs shall be considered a separate violation.
11 09.~902 Methods of Enforcement. The City, in its sole discretion, may enforce any
provision of this Ordinance by mandamus, injunction, or any other appropriate
remedy in any court of competent jurisdiction and may require reimbursement of
all legal fees required for the enforcement of any provision of this Ordinance
from persons found guilty of a violation.
City of Prior Lake
May 1,1999
l109/p9
Zoning Code
1109.WJ903 Mediation. The City may enter into mediation regarding issues in the
enforcement of this Ordinance, provided that mediation shall not be pursued
where the issue involves a specific dimensional or performance requirement.
Mediation may be pursued when the issue involves an interpretation of the
application of Ordinance requirements. Mediation shall not be substituted for a
variance proceeding and the City shall not agree to be bound by the Mediation
process when the result would be an action inconsistent with the intent of this
Ordinance.
1109.004904 Violations. Violations of this Ordinance include, but are not limited to the
following:
(1) Land used for purposes not permitted in the Use District in which the land is
located.
(2) No building shall be erected, converted, enlarged, reconstructed, or structurally
altered, or used for a use unless it is a use permitted in the District in which the
building is located.
(3) No building shall be erected, converted, enlarged, reconstructed or structurally
altered to be higher than the height limit established for the district in which the
building is located.
(4) No building shall be erected, converted, enlarged, reconstructed, or structurally
altered unless it conforms to the area regulations of the district in which the
building is located.
(5) No building shall be erected or structurally altered unless the site on which it is
located provides the off-street parking and loading facilities required by this
Ordinance.
(6) The yards, parking spaces, and open spaces required by this Ordinance for
buildings existing at the time of adoption of this Ordinance or for any building
erected after its adoption, shall not be encroached upon or considered as part of
the yard, parking space, or open space required for any other building unless
joint use of parking or a combination of yards or open spaces is specifically
authorized by this Ordinance. No lot shall be divided nor shall any structure be
erected or altered to reduce the floor area ratio below that is required by this
Ordinance for the district in which the lot is located.
(7) Every building erected or structurally altered after the effective date of this
Ordinance shall be located on a "lot" as defined in subsection 1101.400 and in
no case shall there be more than 1 principal building on 1 lot, except as provided
elsewhere in this ordinance.
(8) No building or land shall be used or occupied until a Certificate of Occupancy
has been issued authorizing its use.
(9) No building or land shall be used or occupied for a use which requires a
Conditional Use Permit until the Conditional Use Permit has been issued.
City of Prior Lake
May 1,1999
l109/plO
Zoning Code
(10) No building or land shall be used or occupied for which a Conditional Use Permit
has been issued unless that use complies with all of the conditions of that
Conditional Use Permit.
(11) If a building permit has been granted or if plans were on file with the Building
Official before the effective date of this Ordinance or any amendment adopted
after that effective date, or if a Conditional Use Permit has been approved, the
provision of this Ordinance or any later amendment shall not require a change in
the plans, or in the size or use of the land if the construction described in the
permit or those plans is started within 90 days of the effective date of this
Ordinance or later amendment. If, however, building construction is voluntarily
discontinued before completion of construction of the structure described in the
permit or the plans by the permit holder for a period of 90 days, any further
construction shall conform to the provisions of this Ordinance or the later
amendment.
1109.8f>G905 A use which violates the provisions of the previous Zoning Ordinance, which this
Ordinance supersedes, shall not be validated by the adoption of this Ordinance
unless it is permitted by these Ordinance provisions, nor shall this Ordinance
extend any temporary use beyond the expiration date of a temporary permit
granted prior to the effective date of this Ordinance.
1109.800906 Enforcino Officer. The Planning Community Development and Natural
Resources Director is the appointed the-Zoning Administrator who shall enforce
this Ordinance under the direction and control of the City Manager.
1109.8Q.7.907 Remedies. Any land use found by the City Council to be in violation of a permit
for approval issued by the City may be revoked or suspended. Any permit
approval for which there is a hearing on a violation or which is revoked or
suspended is subject to subsection 1109.802.
1109.9001000
CITY FEES
1109.9G41001 Establishment of Citv Fees. Each year, by resolution, the City Council
establishes fees for the administration and enforcement of the provisions of this
Ordinance. The processes for which fees are established include, but are not
limited to, the following:
~ Building Permits and Certificates of Occupancy
~ Conditional Use Permits
~ Variances
~ Amendments to the Zoning Ordinance and the Comprehensive Plan
~ Planned Unit Development Applications
~ Appeals to the decision of the Zoning Administrator or the Zoning Board
of Adjustment
~ Site Plan Reviews
~ Interpretations of the Zoning Ordinance
~ Sign Permits
1109.9G21002 Reimbursement for City Costs. The purpose of this subsection is to provide a
procedure to reimburse the City for its costs of review, analysis, and evaluation
City of Prior Lake
May 1,1999
l109/pll
Zoning Code
of development proposals, conditional use permits, comprehensive plan
amendments, zoning amendments and enforcement of this Ordinance in cases
where, due to the level of complexity of the application under consideration,
excessive costs beyond those normally incurred by the City as a result of the
administration of this Ordinance are incurred. The excess costs result from
problems presented in review, analysis, and evaluation which necessitate
intensive investigation and research. The intent of this subsection is to insure an
adequate level of review of these cases and to insure that the adverse effects of
development on the City are minimized and that compliance with goals and
objectives of the Comprehensive Plan and this Ordinance are obtained.
1109.9W1003Conditions Where Reimbursement is Authorized. The City may, in its sole
discretion, require reimbursement of City costs under the following conditions:
(1) When the City Manager finds multiple Planning Commission and City Council
meetings are required to review a particular item and additional staff time is
expended subsequent to the initial meeting.
(2) When the City Manager finds it necessary to retain consultants and experts to
review requests and advise its staff of specific impacts of a proposal, including
but not limited to impacts on traffic, utilities, drainage, and aesthetic or
environmental characteristics of the community.
(3) When it is necessary for the City Attorney to review a proposal.
(4) When the City Manager finds that other extraordinary costs are incurred by the
City as a result of the administration of this Ordinance.
11 09.W41 004 Procedure for Reimbursement. The City shall notify the applicant at the
earliest possible time that the City will incur additional costs and, if possible,
provide the applicant with an estimate of the expected additional cost.
The applicant shall pay the estimated additional cost to the City by certified
check or bank money order. If the amount paid to the City initially is insufficient
to cover all City costs, the additional amounts shall be billed to the applicant.
Any money which has not been used to pay additional costs after the applicant's
request has been processed shall be refunded to the applicant.
No Certificate of Occupancy for any project subject to this subsection shall be
issued until all money owing to the City has been received. All costs billed under
this subsection shall be based on the actual cost to the City of staff time,
overhead, material costs, and actual billings from consultants, experts and
attorneys.
1109.00&1005 Refund of Fees. If any application for a Conditional Use Permit, Variance,
Appeal or Amendment to the Zoning Ordinance, the Official Map or the
Comprehensive Plan is withdrawn by the applicant or is not processed by the
City for any other reason so that a final decision is not made by the City, the
applicant is entitled to a refund of 50% of the application fees paid to the City if
the application is withdrawn prior to the publication of the notice of the public
hearing.
-
City of Prior Lake
May 1,1999
l109/p12
Zoning Code
(THIS SPACE INTENTIONALLY BLANK
FOR FUTURE AMENDMENTS)
- -
City of Prior Lake
May 1,1999
11 09/p 13
SUBSECTIONS
1110.100:
1110.200:
1110.300:
1110.400:
1110.500:
1110.600:
1110.700:
1110.800:
1110.900:
1110.1000:
1110.1100:
1110.1200:
1110.1300:
1110.1400:
1110.1500:
1110.1600:
1110.100
Zoning Code
SECTION 1110
COMMUNICATION TOWERS
Subject To Change
Purpose and Intent
Definitions
Uses Permitted With Conditions
Height Restrictions
Setbacks
Tower in Residential Use Districts
Lighting
Signs and Advertising
Accessory Equipment Shelters
Design Standards
Co-Location Requirements
Abandoned or Unused Tower or Portions 0
Permit Required
Additional Submittal R
Antennas Mounted on
To CHANGE.
'on Towers and A
anging regulatl
laws as well a
In orde accommodate the communication needs of
rotecting the public health, safety and general
ity Council finds these regulations are necessary
existing and approved towers and buildings to
date n /y ireless telecommunication antennas in order to reduce the
new towers necessary to serve the community.
Ensur ntennas and towers are designed, located and constructed in
accord~ ce with all applicable code requirements to avoid potential damage to
a' I1t properties from failure of the antenna and tower through structural
ards and setback requirements.
equire antennas and tower sites to be secured in order to discourage
trespassing and vandalism; and
(4) Require tower equipment to be screened from the view of persons located on
properties contiguous to the site and/or to be camouflaged in a manner to
G~r.::~imeAt-complement existing structures to minimize adverse visual effects of
antennas and towers.
May 1,1999
City of Prior Lake
1110/pl
Zoning Code
1110.300 DEFINITIONS
Antenna. Any structure or device used for the purpose
transmitting electromagnetic waves, including but not Iim'
antennas, such as panels, microwave dishes and satellit
directional antennas, such as whip antennas.
collecting or
directional
, and omni-
Commercial Wireless Telecommunication ServO
wireless telecommunication services including cel
services (PCS), specialized mobile radio (SM
radio (ESMR), paging and similar service
public.
commercial
munication
obilized
eneral
Public Utility. Persons, corporation
transportation, water, sewer, or Ian lin
For the purpose of this ordinance, per
considered public utility uses, and are define
overnmeQ~,~ supplying gas, el ,i; ic,
hone<J~~rvic~ to the general ~ublic.
'e\ess services shall not be
tely.
Satellite Dish Antenn
open mesh, or bar confi
or cornucopia. Such
electromagnetic waves be
definition shall include, but
satellite earth stations, TVR
antennas.
devise incorporating a tive surface that is solid,
is in the shape 0 !ow dish, cone, horn
d to transmit lor receive radio or
and orb,ii!ily based uses. This
ie. commonly referred to as
nly) and satellite microwave
nted pole, spire, structure or combination
porting lines, cables, wires, braces, and
nting an antenna, meteorological device,
r. A 0 which is attached the antennas of more than one
ss telecommunication service provider or governmental entity.
tower to which is attached only the antennas of a single
ough th,. ower may be designed to accommodate the antennas of
ers as required in this ordinance.
USES ERMITTED WITH CONDITIONS. Antennas and towers are Uses
ed with Conditions in all Use Districts, unless otherwise noted in this
ance. The use is subject to the provisions listed in subsections 1110.500
ough 1110.1600 below.
City of Prior Lake
May 1,1999
111 O/p2
1110.500
1110.501
1110.502
Zoning Code
HEIGHT RESTRICTIONS.
Heiaht Determination. The height of towers shall be determined by measuring
the vertical distance from the tower's point of contact with the ground or rooftop
to the highest point of the tower, including all antennas or oth r attachments.
When towers are mounted upon other structures, the combi eight of the
structure at the tower's point of attachment and tower rn mee the height
restriction of this subsection.
Maximum Heioht. Except as provided subsection
for towers are as follows:
(1 )
In all Residential Use Districts, the maxim
antennas and other attachments, shall b
in excess of a height equal to the di
tower to the nearest overhead elect .
dwelling or place of business, less
(2)
e maximum height of any
shall not exceed 1 foot for
d in a Residential Use
J!>all be in excess of
na and tower to the
e than one dwelling or
(3)
nd in all oth Non-Residential Use Districts,
including all"'antennas and other attachments,
et the tower is setback from property located
'mum of 112.5 feet, except that no tower
e distance from the base of the antenna
st overhea lectrical power line which serves more than
less 5 feet.
following are exceptions to the maximum height restrictions for
adio Antenna. In accordance with the preemption ruling PRB1 of the
Communications Commission, towers supporting amateur radio
ante s that comply with all other requirements of this subsection are
pted from the height limitations of the subsection up to a total height of 70
t, provided that such height is technically necessary to receive and broadcast
amateur radio signals. Subject to approval of a Conditional Use Permit, the
Planning Commission may permit antenna heights above the 70 foot height
limitation if deemed necessary to permit reasonable use of an FCC license.
(3) Towers and other antenna devices over 45 feet in height which are attached to a
structure and not freestanding may be located in a Residential Use District under
the following conditions:
May 1,1999
City of Prior Lake
ll10/p3
Zoning Code
a. The towers and antennas are located upon existing or proposed
structures allowed as permitted uses, uses permitted with conditions, and
conditional uses in the underlying Use District and/or upon public structures;
and
b. The towers and antennas are limited to a height
above the structure.
c. Subject to approval of a Conditional
CommissionCity Council may permit antenna heigh
structure if the applicant can demonstrate th~l! combina
design, positioning of the structure and/orRY'ims'cr~enlng erected
place on the structure, off-site views of thx{~fltenna<from adjacent pro
minimized. ..
the Planning
t above the
antenna
ady in
s are
1110.600 SETBACKS. Towers shall conform
setback requirements:
minimum
(1) In Non-Residential Us
setbacks of the underlyi
Use District, where towe
provided that the rear prop
and the tower does not encr
(2)
een a principal structure and a public street,
ndu~trial) Use District, towers may be placed within a side
rfinternal industrial street.
n sites > cent to public streets on all sides, towers may be placed
hin a side yard abutting a local street.
roval of a Conditional Use Permit by the Planning CommissionGity
tower's setback may be reduced or its location in relation to a public
aried to allow the integration of a tower into an existing or proposed
re such as a church steeple, light pole, power line support device, or
ilar structure.
1110.700 TOWER IN RESIDENTIAL USE DISTRICTS. Towers in Residential Use
Districts are subject to the following additional restrictions:
City of Prior Lake
May 1,1999
lll0/p4
Zoning Code
(1) Towers supporting amateur radio antennas and conforming to all applicable
provisions of this Ordinance shall be allowed e%' in the-fe::r yaF€I--Gf ;:arsels--in
Residential Use Districts.
(2) Towers supporting commercial antennas and conforming to
provisions of this Ordinance shall be allowed only as acce
following principal uses in Residential Use Districts:
~ Religious Institutions, when camouflaged as ste
>- Education/Academic uses.
~ Public service structures.
>- Park sites, when compatible with the na
(3) Only 1 tower shall exist at anyone
District.
1110.800 LIGHTING. Towers shall not be illumin
display strobe lights unless such lighting is
Aviation Administration or other federal or stat
When incorporated int~ e approved design
purposes, light fixtures u . minate parking lot
be attached to the tower.
1110.900
T SH ERS. Equipment shelters are permitted as
service subject to the following regulations:
rials for equipment shelters shall be brick or a material
t shelters must meet the setbacks of the underlying Use District,
excep, at setbacks between equipment shelters may be varied so long as the
ro' ty does not create a health safety issue.
ere shall be no outside storage of equipment or vehicles permitted as part of
the equipment shelter.
(5) In order to avoid unsightliness and to mitigate against possible diminution in
property values, the location and placement of an equipment shelter accessory
to an essential service(s) shall be subject to site plan review. The site plan must
City of Prior Lake
May 1, 1999
ll10/p5
Zoning Code
receive approval of the Planning Director, the City Engineer and the Building
Official.
1110.1100 DESIGN STANDARDS. Proposed or modified towers and antennas shall meet
the following requirements:
(1) Towers and antennas (including antenna cables) shall b
the surrounding environment to the maximum extent p
building materials, colors, texture, screening n
camouflaging architectural treatment, except in ">Fances
dictated by federal or state authorities.~>
(2)
111 0.1200 CO-LOCATION REQUIREMENT. All persona
erected, constructed, 0 ted within the City s
requirements:
(1) A proposal for a new com, communi tion service tower shall
not be approved unless the ~plican~>>i>, hat the telecommunications
equipment planned for the prpP(),~pcl tower t be accommodated on an
existing roved tower or ICling within a mile search radius for towers
over eight, or a 1/ i1e radius for towers between 80 and 120 feet
in 4 mile radius towers less than 80 feet in height, of the
e to one or mor e following reasons:
uld exceed the structural capacity of the
ing as documented by a qualified and licensed
ineer an existing tower cannot be reinforced, modified or
modate planned or equivalent equipment at a reasonable cost.
uipment would cause interference materially impacting
of ot existing or planned equipment at the tower or building as
ed by a qualified and licensed engineer.
c. Isting or approved towers and buildings within the search radius cannot
accolT},,, date the planned equipment at a height necessary to function
reas i'0"~ble as documented by a qualified and licensed professional engineer.
e applicant must demonstrate that a good faith effort to co-locate on existing
owers and structures was made, but an agreement could not be reached.
(3) Any proposed commercial wireless telecommunication service tower shall be
designed, structurally, electrically, and in all respects to accommodate both the
applicant's antenna and comparable antennas for at least 2 additional users if
the tower is over 100 feet in height, or at least 1 additional user if the tower is
City of Prior Lake
May 1,1999
ll10/p6
Zoning Code
over 60 feet in height. Towers must be designed to allow future rearrangement
of antennas upon the tower and to accept antennas mounted at varying heights.
1110.1300 ABANDONED OR UNUSED TOWERS OR PORTIONS
Abandoned or unused towers or portions of towers and accom
facilities shall be removed as follows:
(1) All abandoned or unused towers and associated faciliti
12 months of the cessation of operations at the si
copy of the relevant portions of a signed lease w
remove the tower and associated facilities up e '*
site shall be submitted at the time of appliQ n'the event a
removed within 12 months of the cessa~l~pPof operations at the site,
and associated facilities may be remo "if by the and the costs of
may be assessed to the property ow
(2) Unused portions of towers above a man
within 6 months of the time of antenna reloc
of a tower previously removed requires a new p
(3) After the facilities are r
improved state.
d its original or an
1110.1400 PERMIT REQUIRED. No t
expande . out first obtainin
be constructed, altered or
ENTS. In addition to the information
ation listed in subsection 1109.501, the
mitted with an application for a tower or
scribes e tower height and design, including a cross-section and
vation:
uments the height above grade for all potential mounting positions for
-located antennas and the minimum separation distances between
tennas;
describes the tower's capacity, including the number and type of
antennas that it can accommodate;
documents what steps the applicant will take to avoid interference with
established public safety telecommunications; and
~ demonstrates the tower's compliance with all applicable structural and
electrical standards and includes the engineer's stamp and registration
number, and documents compliance with the provisions of subsection
1110.1200.
City of Prior Lake
May 1,1999
lll0/p7
1110.1600
May 1, 1999
(2)
Zoning Code
For all commercial wireless telecommunication service towers, a letter of intent
committing the tower owner and his or her successors to allow the shared use of
the tower if an additional user agrees in writing to meet reasonable terms and
conditions for shared use, so long as there is no negative structural impact upon
the tower and there is no disruption to the service provided.
(1 )
ANTENNAS MOUNTED ON ROOFS, WALLS AND E
addition to submittal requirements required elsewh
application for a building permit for antennas to
structure shall be accompanied by the following inf
A site plan showing the location of the prop.gT Qtennas on the
documenting the request meets the requir A8.'emts of this Ordinance;
(2)
A building plan showing the constr
method of attaching them to the exi
meets the requirements of this Ordinance;
atltennas and the pr .. ... d
~:}:, . ~
:oQ8c:;umentlng the request
(3)
A report prepared by a qualified and licensed.~
the existing structure or er's ability to support t
.ssional engineer indicating
nnas; and
(4) An intermodulation study
tenants or public safety tel
IONALL Y BLANK
AMENDMENTS)
City of Prior Lake
lllO/p8
Zoning Code
SECTION 1111
ADULT USES
SUBSECTIONS
1111.100:
1111.200:
1111.300:
Purpose, Intent and Findings
Definitions
Uses Permitted with Conditions
1111.1 00
PURPOSE, INTENT AND FINDINGS
1111.101
Puroose and Intent. In order to prot
values, public health, safety, welfar
found it necessary to restrict whic
and to regulate certain businesses.
secondary impacts on neighboring properti
regulated. This Section is not intended to restn
y
1111.102 Findinas.
(1) The City of Prior Lake ha
General's Working Group 0
era , based upon the above referenced studies and
sented to it has concluded "that sexually oriented businesses
h' h crime rates and depression of property values." In
eneral's Working Group "...heard testimony that the
hborhood can dramatically change when there is a
tion of,* xu ally-oriented businesses adjacent to residential property."
concludes that:
ult uses have an impact on the neighborhoods surrounding them which
t from the impact caused by other commercial uses;
Residential neighborhoods located within close proximity to adult
eaters, bookstores, and other sexually-oriented businesses experience
increased crime rates (sex-related crimes in particular), lowered property values,
increased transiency, and decreased stability of ownership;
c. The adverse impacts which sexually-oriented businesses have on
surrounding areas diminish as the distance from the sexually-oriented use
increases;
City of Prior Lake
May 1,1999
lll1/pl
Zoning Code
d. Studies of other cities have shown that among the crimes which tend to
increase either within or in the near vicinity of sexually-oriented uses are rapes,
prostitution, child molestation, indecent exposure, and other lewd and lascivious
behavior;
e. The City of Phoenix, Arizona study confirmed that t
on the average 500 percent higher in areas with sexually-
f. Many members of the public perceive area
located as less safe than other areas which do not
g. Studies of other cities have shown,(~~D values of botH
and residential properties either are dimil')j~tfed or fail to appreciate at
other comparable properties when loca cf)in proximity to adult uses; an
h. The Indianapolis, Indiana, s u
appraisers believe that a sexually-oriented
on the value of both residential and com mer
area of the use.
lished+t~~iiiiiprofessional real state
"8would have a negative effect
erties within a 1 to 3 block
(3) The Prior Lake City Cou
those of the cities cited b
oriented uses. Based on
can cause or are associate
land uses.
Lake are similar to
e effects of sexually-
City Coy il finds that adult uses
effects upon pre-existing
~
e Theatres. Inc., 475 U.S. 41,51, 106 S. Ct.
86), the United States Supreme Court found
. nce of other cities to determine whether
secondary effects.
rely on studies
C~uncil finds, based upon the Reports and studies cited
riented businesses may result in secondary effects upon
nd uses within the City.
Lake City Council finds the risk of public health and safety problems
significantly reduced by careful regulation of sexually-oriented
s.
Sexually-Oriented Businesses. A sexually-oriented business is any business
in which a sexually-oriented use comprises more than 5 percent of the floor area
of the establishment in which it is located or which comprises more than 10
percent of the gross receipts of the entire business operation.
City of Prior Lake
May 1,1999
1111/p2
Zoning Code
Sexually-Oriented Use. A sexually-oriented use is any of the activities and
businesses described below:
Body Painting Studio. An establishment or business which provides the
service of applying paints or other substance, whether tran arent or non-
transparent, to the body of a patron when such body is wholly 'ally nude in
terms of "specified anatomical areas".
Bookstore. A building or portion of a building used f
of items consisting of printed matter, pictures, slide
tape or motion picture film if such building or porti a buil
the public generally, but only to one or more ~l~~~,~s + the public,
minor by reason of age, and if a substanti~!11tFslgi1ificant portion 0
are distinguished and characterized by a~4,Hlphasis on the presentatio
depiction, or description of "specified 'i<'ual activiti~.s" or "specified ana
areas" .
Cabaret. r providing dancing or other
live entertainment, if such building or portio uilding excludes minors by
virtue of age, and if such dancing or other live e"'1\i!.,~,isRment is distinguished and
characterized by an asis on the preserir "n display, depiction or
description of "specified ivities" or "specifielcal areas".
Companionship Establi
excludes minors by reason
or listening to conversation,
establis and a customer,
by a n "specified s
anionslJip establishment which
the service of engaging in
tween an employee of the
ch service' istinguished and characterized
I activities" or "specified anatomical areas".
ion/rap parlor which excludes minors by
e service of engaging in or listening to
if such service is distinguished and
"specified sexual activities" or "specified
"ci.health/sport club which excludes minors by reason of
f1hguished and characterized by an emphasis on "specified
specified anatomical areas".
ote/. A hotel or motel from which minors are specifically excluded
from ....,n.onage and where material is presented which is distinguished and
charaQt~rized by an emphasis on matter depicting, describing, or relating to
.c.cilli'€
"s j red sexual activities" or "specified anatomical areas".
ssage Parlor/Health Club. A massage parlor or health club which restricts
minors by reason of age, and which provides services of massage, if such
service is distinguished and characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas".
Mini Motion Picture Theater. A building or portion of a building with a capacity
for less than 50 persons used for presenting material if such material is
City of Prior Lake
May 1,1999
11 11/p3
Zoning Code
distinguished and characterized by an emphasis on matter depicting, describing
or relating to "specified sexual activities" or "specified anatomical areas".
Modeling Studio. An establishment whose major business is the provision, to
customers, of figure models who are so provided with the intent f providing the
sexual stimulation or sexual gratification to such customers ,,,9 engage in
"specified sexual activities" or display "specified anatomic eas" "\Nhile being
observed, painted, painted upon, sketched, drawn, scul photographed or
otherwise depicted by such customers.
Motion Picture Arcade. Any place to which the
wherein coin or slug-operated or electroni
controlled or operated still or motion picture
producing devices are maintained to sh
machine at anyone time, and where
and characterized by an emphasis
activities" or "specified anatomical
building with a capacity of
I where such building or
ors by reason of age or
ftasis on "specified
rvations by patrons
principal activity the sale of
s which are designed for sexual
o by reason of age, and which provides a
ed for the purpose of pleasure, bathing,
am or hot air as a cleaning, relaxing or
portion of a building restricts minors by reason
the servl vided is distinguished and characterized by an
cified sexual activities" or "specified anatomical areas".
e Facility. A building or portion of a building used for
th or heat bathing room used for the purpose of pleasure,
laxati() , or reducing, utilizing steam or hot air as a cleaning, relaxing
g agent if such building or portion of a building restricts minors by
reaso age and if the service provided by the steam room/bathhouse facility is
disting. hed and characterized by an emphasis on "specified sexual activities"
or Its iifEified anatomical areas".
ecified Anatomical Area. Less than completely or opaquely covered human
genitals, pubic region, buttocks, anus or female breast(s) below a point
immediately above the top of the areola; and human male genitals in a
discernible turgid state, even if completely and opaquely covered.
Specified Sexual Activities. An act of any of all of the following:
-
City of Prior Lake
May 1,1999
1l1l/p4
Zoning Code
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-
anal copulation, bestiality, direct physical stimulation or unclothed genitals,
flagellation or torture in the context of a sexual relationship, or the use of
excretory functions in the context of a sexual relationship, and any of the
following sexually-oriented acts or conduct: anilingus, bugg ,coprophagy,
coprophilia, cunnilingus, fellation, necrophilia, pederasty, pe piquerism,
sapphism, zooerasty; or
(2) Clearly depicted human genitals in the state of sex
tumescence; or
(3) Use of human
masturbation; or
(4) Fondling or touching of nude human
breast(s); or
(5) Situations involving a person or person
undergarments or in sexually revealing co
activities involving the flagellation, torture, fe
restraint of any such pen ; or
who"in are nude, clad in
and who are engaged in
binding, or the physical
(6) Erotic or lewd touching, fo
by a human being; or
(7) Human excretion, urination,
1111.300 ITIONAL USE PERMIT. Sexually-oriented
ditional Use Permit in the C J {Specialty
eneral Business) and 1-1 (Industrial) Use
ditions:
I operate a ually-oriented business on property, any part of
~ area circumscribed by a circle which has a radius of 700 feet
LJisted directly below. Distances shall be measured by
fFie, without regard to intervening structures or objects,
the c10~,.. points on the property line of two uses. The distance
nt applies to the following:
perty developed or zoned for residential uses; or
operty frequented by children or designed as a family destination, such
as a day care facility, school, library, park, playground, nature center,
religious institution or other public recreational facility.
o person shall operate a sexually-oriented business on property, any part of
which is within the area circumscribed by a circle which has a radius of 1,000
feet from another sexually-oriented business.
(3) No owner, manager or employee may sell or display for sale any sexually-
oriented materials except in original unopened packages.
City of Prior Lake
May 1,1999
tUlIp5
Zoning Code
(4) No owner, manager or employee of a sexually-oriented business shall have been
convicted of a sex crime, as identified in Minnesota Statutes dealing with sexual
assault, sexual conduct, harassment, obscenity, or domestic abuse.
(5) No owner, manager or employee of a sexual-oriented busin
sexual-oriented materials or entertainment to be used on
display.
(6) No owner, manager or employee of a sexually-orie
any activity or conduct or permit any other perso
conduct in or about the establishment which is.ir~t8~i d by any
City of Prior Lake, the laws of the State 0 ; inrne~ota, or the Uni
America. Nothing in this Ordinance sha e construed to authoriz
conduct which is prohibited or reg by oth~r statutes or ordi
including but not limited to statutes.,,9. nces prq~ii~iting the exhibitio
or distribution of obscene material gem r the fiiiDilion, sale or distrf
of specified materials to minors. .
o person under the age of
(7) The owner, manager or employee shall assure
18 enters the premises.
(8) No owner, manager or e
entertainment to be visible
time from the outside of the
allow any sex ii!'; -oriented materials or
ny mann~rrincluding aurally, at any
(9)
nager or emplo
exually-oriente
s main entrance door which reads: "This
erial or entertainment. Persons under 18
ntering." The sign letters shall be a minimum
1 0,000 square feet in gross floor area.
e or other person may physically contact any specified
I area himself or herself, or of any other person, except that a live
may touch himself or herself.
Each It.. performer shall remain at all times a minimum distance of 10 feet from
all Il){rfthers of the audience, and shall perform on a platform intended for that
ose, which shall be raised at least 2 feet from the level of the floor on which
audience is located. No performer may solicit or accept any pay, tip, or other
tem from any member of the audience.
(14) No business shall have any booths, stalls or partitions which separate any area
from a general public room. The restrictions of this paragraph do not apply to
restrooms, storage rooms, or private offices of the owner, manager or
employees of the business, if such storage rooms or offices are use solely for
City of Prior Lake
May 1,1999
111 lip 6
Zoning Code
the running the business and no person other than the owner, manager and
employees is allowed in the storage rooms or offices.
(15) The use is subject to all other requirements of the Use District and of this
ordinance.
(16) The business and the owner must be licensed as per the Ii
the City Code.
1111.301 Sexually-oriented businesses are Uses Permitted V)lj Co .....)~I Use Permits
.....;0!Wr ''':.......".."
in the A (Agricultural) Use District, subject to the fO"Q~ing condiUd.
(1) The use must be located on a separate lot
and a minimum width of 500 feet.
(2) No person shall operate a sexuall~
which is within the area circumscri
from any of the uses listed in the paragra
measured by following a straight line, withou
objects, between the closest points on the
distance requirement ap' to the following:
~
~
property develope
property frequented
as a day care facili
religious institution, or
nature center,
(3)
sexually-oriented business shall have been
fied in Minnesota Statutes dealing with sexual
ment, obscenity, or domestic abuse.
ormployee of a sexually-oriented business shall allow any
als except in original unopened packages.
mana r or employee of a sexually-oriented business shall allow any
iented materials or entertainment to be used on any sign or window
No 0 er, manager, or employee of a sexually-oriented business shall engage in
ctivity or conduct or permit any other person to engage in any activity or
duct in or about the establishment which is prohibited by any ordinance of the
ity of Prior Lake, the laws of the State of Minnesota, or the United States of
America. Nothing in this Ordinance shall be construed to authorize or permit
conduct which is prohibited or regulated by other statutes or ordinances,
including but not limited to statutes or ordinances prohibiting the exhibition, sale
or distribution of obscene material generally, or the exhibition, sale or distribution
of specified materials to minors.
City of Prior Lake
May 1,1999
lllllp7
Zoning Code
(8) The owner, manager or employee shall assure that no person under 18 years of
age enters the premises.
(9) No owner, manager or employee shall allow any sexually-oriented materials or
entertainment to be visible or perceivable in any manner, includi aurally, at any
time from the outside of the business.
(10) No owner, manager or employee shall allow any person
have access to sexually-oriented materials, whether b
any other means.
Each business shall display a sign on its main~"~,~ran door whi
business sells sexually-oriented material o Antertain;;'ent. Perso
years of age are prohibited from enterin he sign letters shall be a
of 2 inches high.
(12) No business shall exceed 10,000 sq""
(11 )
(13) No patron, employee or other person ma
anatomical area of himself or herself, or of an
performer may touch hi f or herself.
(14) Each live performer shall
all members of the audien
purpose, which shall be rais
the audience is located. No
item from member of the a
ance of 10 feet from
rm on a p tform intended for that
level of the floor on which
accept any pay, tip, or other
(15)
, stalls or partitions which separate any area
. tions of this paragraph do not apply to
e offices of the owner, manager or
storage rooms or offices are use solely for
person other than the owner, manager and
age rooms or offices.
other requirements of the Use District and of this
must be licensed as required in the licensing
City of Prior Lake
May 1,1999
11 11/p8
Zoning Code
(THIS SPACE INTENTIONALLY BLANK
FOR FUTURE AMENDMENTS)
City of Prior Lake
May 1, 1999
11 11/p9
SUBSECTIONS
1112.100:
1112.200:
1112.300:
1112.400:
1112.500:
1112.100
1112.200
1112.301
1112.302
Zoning Ordinance
SECTION 1112
OFFICIAL MAPS
Purpose
Official Map Defined
Initiation of Proceedings
Preparation and Filing of Maps
Effect
PURPOSE. Land that is needed for fu
necessary public facilities and servi
which would have been located on
to the owners. When this happens, public
denied or may be obtained only at proh
dislocating the owners and occupants of the
map of land needed fo ure public uses perm
property owners to adju . uilding plans equit
investments are made wh such adjustme
It is the purpose of this art',,,,, niform pr
1<(f'\
of official maps as autho~j~ed
Minnesota Statutes, sections" '
I Map," as used in this article, means a map
'Ie and with Minnesota Statutes Subd.
nd proposed future streets, roads and
ap may 0 show the location of existing and future
e city. An official map my cover the entire city
EEDINGS. Proceedings for adoption, amendment, or
ap or any part thereof may be initiated by:
endation of the Planning Commission; or
Actioll;; the City Council on its own initiative, recommendation of an advisory
irission, or request of an outside governmental body.
etch Maos and Reoorts. Every proposal or request for an official map or its
amendment or repeal, however initiated, shall be accompanied by a sketch map
or plat showing the lands proposed to be included and the public purpose to be
served.
Reference to Plannina Commission. Except when proceedings have been
initiated by recommendation of the Planning Commission, every proposed official
May 1,1999
City of Prior Lake
11 12/pl
Zoning Ordinance
map or change in a map shall be referred to the Planning Commission for advise
and recommendation thereon, and such recommendation shall be submitted to
the City Council within 45 days after reference to the Planning Commission along
with the report of the Commission on the effect of the proposal on the
comprehensive plan of the city. If no recommendation is receive by the Council
or the Planning Commission within 45 days after reference of osal to the
Commission by the Council, the Council may take such a as i ay deem
proper upon the proposal without further action by the PI Commission.
(1) Notice. Upon receiving the recommendatio
after 45 days from the submission of the g;~J. to the Planning
without a recommendation from the COr'Q.glission, the Council may ca
hearing on the proposal. A notice of t\~ime, place and purpose of the
and a description of the property to J:r ded in th apped streets and
grounds shall be published in the 6fiic ape ~~t 10 days prio 0 the
date of the hearing. At least 10 days prior ring the clerk shall also mail
a copy of the notice to each owner of land Sl ithin or abutting any street
or other public ground shown on the official m or purposes of this notice,
the owners shall be d ined by the records county auditor and the
notice shall be address ast known addres oc,n by the auditor's
records. Failure to serve shall not inva the proceedings.
1112.303 Notice and Hearina.
(2) At the time and
and arguments c
m time to time w
. sion to condu
o the Council.
NG 0 APS. The official map or maps shall be
mit the establishment of future acquisition lines
In unplatte areas a minimum of a centerline survey shall be
e preparation of the final draft of the official map. After
i nce adopting an official map or amending or repealing a
dinance, a certified copy of the official map or section to
. After an official map has been adopted and filed, the issuance of
g permits by the City shall be subject to the provisions of this article. The
shall deny every application for a permit to construct a new building or
ructure or expand an existing building or structure within an area designated on
the official map for street or other public purposes. Whenever any street or
highway is widened or improved or any new street is opened, or any interest in
lands for other public purposes is acquired by the City, the City is not required in
such proceedings to pay for any building or structure placed without a permit or
in violation of conditions of a permit within the limits of the mapped street or
outside of any building line that may have been established upon the existing
City of Prior Lake
May 1,1999
lll2/p2
Zoning Ordinance
street or within any area thus identified for public purposes. The adoption of an
official map does not give the City any right, title or interest in areas identified for
public purposes thereon, but the adoption of the map does authorize the City to
acquire such interest without paying compensation for buildings or structures
erected in such areas without a permit or in violation of the onditions of a
permit.
(1) Whenever a building permit is denied pursuant
Appeals and Adjustments shall, upon appeal file
land, grant a permit for building in an area d
street or other public purpose in any case .
evidence and the arguments presented t .
a. That the entire property of t
public purposes forms a part ca
unless such a permit is granted, or
the area designat or
e return to the Owner
~;;
1112.501 ADoeals.
erving the integrity of the
interest of the property
,4Irship, the grant of
y.
(2)
The Board of Appeals and djustm*" public hearing upon the
appeal after notice of the he g,b~^S'wbeen '''''MW ed on the official newspaper
once at I ten (10) days bej,fhe hearing./jff the Board authorizes issuance
of a hall specify th act location, ground area, height and other
de extent and ch ,/,~cter of the building for which the permit is
rd authorizes is'iM.~.Q~e of a permit, the Council or other board
ing jurisdiction "iPPjr have six (6) months form the date of the
o institute oceedings to acquire such land or interest
gs are started within that time, the city shall
n otherwise conforms to local ordinances.
City of Prior Lake
May 1,1999
11 12/p3
SUBSECTIONS
1113.100:
1113.200:
1113.300:
1113.400:
1113.500:
1113.600:
1113.700:
1113.800:
1113.900:
1113.1000:
Zoning Ordinance
SECTION 1113
SIGNAGE FOR FACILITIES OF REGIONAL SIGNIFICANCE
Purpose
Findings
Definitions
Performance Standards
Sign Permit Requirements
Sign Plan Requirements
Maintenance
Lapse of Sign Permit
Cancellation
Removal of Signs
1113.100 PURPOSE. The pur
encourage the effective
vehicular and pedestrian t
establish standards to
eans of directing
Ificance.
1113.200 FINDINGS.
(1) Lake finds it is:i(/:::cessary for the promotion and preservation of
safety, welfar~::::and aesthetics of the community that the
'on, size and m~I~:~i~,I1ance of off-premise directional signs for
al Significance b~:ii)fcontrolled;
cance develop within the City, residents and
able to locate and gain access to these facilities
s, cyclists, pedestrians and other users of public streets
~rty are .... cted by the number, size, location and appearance of signs
! divertii'the attention of drivers.
Iitv of Reaional Sianificance. A Facility of Regional Significance is a facility
at has directional signage on an interstate or state highway; generates 2,500
vehicle trips per day; is located on land owned by a governmental unit other than
public right-of-way; and is located within the City of Prior Lake corporate limits.
(2) Off-Premise Directional Sian. A sign erected on private property for the
purpose of directing vehicular and pedestrian traffic to a Facility of Regional
May 1,1999
City of Prior Lake
lll3/pl
Zoning Ordinance
Significance not located on the premises in which the sign is located. A billboard
sign is not an off-premise directional sign.
1113.400 PERFORMANCE STANDARDS.
1113.401 Location: Signage shall be erected on property located .
use designation on the Comprehensive Plan Land Use
use district on the Zoning Map.
1113.402 Off-Premise Directional Sian Permitted: One 0
permitted within a two mile radius of the
Regional Significance is located.
1113.403 Sian Area: Signage shall not exceed
area per side with a minimum of foyp
1113.404
Architectural Materials: Signage shall
constructed of Class I materials as set forth in
f~ned on a base foundation
n 1107.2200 herein.
1113.405
Illumination: Signage
directed away from the si
is prohibited.
internally ilium
'nto the air (e.g. s
External illumination
t~, light beams, etc.)
1113.406
Setbacks: Signage shall be
sign may not be located with
1101.5 .
-rrom any property line. The
rea as defined in subsection
1113.407
rom the sign shall not exceed 0.5 footcandle
fi parcel or 1.0 footcandle at any public
the ground.
RMIT .......... IREMENTS. Before a sign requiring a permit under the
of this;iS~ction is placed, constructed, erected, modified, or relocated,
rty owner or designee shall secure a sign permit from the Zoning
tor. The property owner shall maintain a sign permit for all signs on
rty. A licensed electrician shall wire any sign involving electrical
ents. A buildino oermit mav be reouired in cases where the International.
a Code warrants it
1113.501
oolication: 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 installer.
~ Address and legal description of the property where the sign is
proposed to be located.
~ The sign plan information required herein.
City of Prior Lake
May 1,1999
11 13/p2
Zoning Ordinance
~ Other pertinent information as may be required by the Zoning
Administrator.
The permit application shall be signed by the applicant, and, when the applicant
is any person other than the owner of the property, the applicati shall also be
signed by the property owner.
1113.600 SIGN PLAN REQUIREMENTS. No sign permit shaU,!~!"
for the entire property and/or building on which the,,!,!~!~n will
approved by the Zoning Administrator. The purposer'!Ql the sign
accurate information for the City to determine Hal)ce with th
of this ordinance. The sign plan shall includ
(1) An accurate surveyor site plan of t
Administrator shall reasonably re~
require the applicant locate lot corner 0
such scale as the
dministrator may
e sign locatiorl'.
(2) Area calculations for each exterior elevation
and the proposed location of signs on each exte
(3) An accurate indication
dimensions of each existi
of any type, whether requiri
d@
ocation, area, and
proposed future sign
(4) Lettering or graphic style, Iigh
and sig rtions.
ign on the building, materials
(5)
tion that the property owner will provide to all
metho construction or attachment to the building or
ensions, showing all light sources, illumination
a details of any light shield or shades.
gns shall be maintained in a safe, presentable and sound
at all times. Maintenance shall include painting, repainting,
ent or repair of defective parts and the like.
Any si",c that the City finds is in a dangerous or defective condition shall be
remo~;,C1~ or repaired by the owner of the sign or the owner of the property on
i "~},e sign is located.
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.
City of Prior Lake
May 1,1999
1113/p3
Zoning Ordinance
1113.900 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 the permit approval. A permit may be renewed time for an
additional 6 months and no additional fee shall be collected f e.newal. This
clause does not apply to temporary or conditional sign per . .
1113.1 000 REMOVAL OF SIGNS. If the City finds that any sig
other structure regulated herein is unsafe or insec
in violation of the provisions of this Section,
written notice to the holder of the permi
remove or alter the structure so as to c
Section and indicated by the Zoning
such notice. If after receiving said
sign so as to comply with the provisio
deemed to be a nuisance and may be aba
under Minnesota Statutes, Chapter 429, an
administration expense and reasonable attorn
special assessment aga property upon whic
The City may cause any si
to be removed summarily a
property owner remove the s
ediate public hazard
been made to have the
CE INTENTIONALLY BLANK
FUTURE AMENDMENTS)
City of Prior Lake
May 1,1999
11 13/p4