HomeMy WebLinkAbout10E Amend Ordinance re setbacks, recreational vehicles, variances O � PRlp�
ti �
U �
4646 Dakota Street SE
�INNBS��
CITY COUNCIL AGENDA REPORT
MEETING DATE: DECEMBER 9, 2013
AGENDA #: 10E
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR
AGENDA ITEM: CONSIDER APPROVAL OF 1) AN ORDINANCE AMENDING SUBSECTIONS
1004.604, 1101.502, 1102.405, 1102.700 AND 1108.406 OF THE PRIOR LAKE
CITY CODE; AND 2) A RESOLUTION APPROVING AN ORDINANCE
SUMMARY AND PUBLICATION I
DISCUSSION: Introduction
The purpose of this agenda item is to consider approval of ordinance
amendments to Subsections 1004.604 (Outlot Alternative); 1101.502 (Required
Yards/Open Space), 1102.405 (R-1, Dimensional Standards); 1102.700
(Residential Performance Standards); and 1108.406 (Variances, Issuance) of
the Prior Lake Ordinance. These proposed amendments relate to three primary
issues: (1) setbacks from public utility outlots in side yards of the R-1 District;
(2) seasonal storage of recreational vehicles; and (3) criteria for the issuance of
variances.
Hi StOry
The Planning Commission held a public hearing on September 21, 2013 to
consider the proposed Ordinance amendments. At the meeting, they !,
recommended approval of the proposed amendments.
Current Circumstances
City Staff has been discussing possible amendments and updates to the Prior
Lake Ordinance to provide greater flexibility and site design options, additional
"business friendly" initiatives, to clarify zoning interpretations, and provide
consistency in code enforcement. On June 3, 2013 the Planning Commission
directed staff to initiate a review of several ordinances for amendments. The
following amendments to the Prior Lake Ordinance are proposed at this time:
Subsections 1004.604 (Outlot Alternative), 1101.502 (8) (Required
Yards/Open Space), and 1102.405 (11) (R-1, Dimensional Standards)
In 2011 the City Council approved new standards to the Public Works Design
Manual which regulates design standards of streets, utilities, and a variety of
public infrastructure and general construction projects. The Public Works
Design Manual is incorporated into the Ordinance by reference. One such
change that was made to the manual included the requirement of placing all
utility lines within right-of-way or publicly-dedicated outlot areas, and no
longer including consideration of public easements on private property for the
location of these utilities.
This policy change has brought upon the creation of larger separation
distance between housing units in recent subdivisions due to the fact that
building setbacks are measured from property lines (including outlot lines)
and not from easement areas that are incorporated within a private lot.
Therefore, an ordinance change is proposed in relation to lot area, lot width,
and the side yard setback on properties which border these utility outlots.
This exhibit identifies the changes to R-1 residential dimension standards
which border a utility outlot:
Ordinance Current Proposed
Re uirement
Lot Width 86 ft. 80 ft.
Lot Area 12,000 sq. ft. 11,000 sq. ft.
Side Yard Abutting 10 ft. 5 ft.
an Outlot
Corresponding ordinance revisions to Subsections 1004, 1101 and 1102 are
attached to this report.
Subsection 1102.700 (3) & (8) — (Residential Performance Standards)
In the past year, the City Council has given direction to the Code
Enforcement Officer in regard to storage of recreational equipment and
accessory structures. The City Council has also expressed a desire to
consider clarifications and updating of the current ordinance language for the '
storage of recreational equipment in yards and on vacant parcels. These
proposed amendments to #3 of this Subsection provide better clarification
and intent of the regulations for the general public, recognizing this area as
a lake community.
Because this proposed amendment is being reviewed after the November 1
start date for winter storage conditions, staff is proposing that this Subsection
amendment be effective at the start of the summer on, April 1, 2014.
Subsection 1108.406 — (Issuance of Variances)
The City Attorney has informed City Staff that issuance criteria for variances
may be conflicting in relation to the current MN State Statutes. The listed
finding criteria is as follows: "The granting of the variance is necessary to
permit the reasonable use of the property involved." At the advisement of
the City Attorney, City Staff is proposing to remove this criteria since
"reasonable use" is not consistent language in MN Statues.
Conclusion:
The proposed Ordinance amendments are intended to provide better
clarification and intent of the regulations for the general public and provide
general consistency for residential properties with other lake communities as
well as align the Ordinance with State Statues in the case of the amendment to
Section 1108. City Staff believes these ordinance amendments will accomplish
purposes defined in the City's Comprehensive Plan and Ordinances. Based
upon the findings set forth in this report, the Planning Commission and City
Staff recommends approval of the proposed Ordinance amendments.
ISSUES: The City requirements regarding amendments to the Ordinance state that the
final determinations of the City Council shall be supported by findings addressing
the relationship of the proposed amendment to specific policies. In the case of
amendments to the formal text of the Ordinance, the following criteria are
evaluated: !�
➢ There is a public need for the amendment, or
➢ The amendment will accomplish one or more of the j
purposes of the Ordinance, the Comprehensive Plan or
other adopted plans or policies of the City, or
➢ The adoption of the amendment is consistent with State
and/or Federal requirements.
1. There is a public need for the amendments.
The proposed ordinance amendments are intended to provide better
clarification and intent of the regulations for the general public and provide
general consistency for residential properties in a lake community. City Staff
identified areas where further clarity in the City of Prior Lake Ordinances
would be improved for residential performance standards related to zoning
as well as assist in the development of land near public outlots. The
proposed Ordinance amendments address these identified areas for
residential property development and clarify the intent of City regulations.
2. The amendments will accomplish one or more of the purposes of the
Ordinance, the Comprehensive Plan, or other adopted plans or policies
of the City.
This amendment will accomplish a goal of the 2030 Vision and Strategic Plan
under the Housing Quality and Diversity strategic element, which is to
maintain a choice of and encourage development of quality residential
environment. In addition, the amendments will achieve the policy of the City
to enact and maintain policies and ordinances to ensure the public safety,
health, and welfare. The proposed amendments meet the following
purposes of the Ordinance:
➢ Protect the residential, business, industrial and public areas of the
community and maintain their stability.
➢ Promote the most appropriate and orderly development of the residential,
business, industrial, public land and public areas.
➢ Assist in balancing and harmonizing the interests of the subdivider with
those of the City at large.
3. The adoption of this amendment is consistent with State and/or federal
requirements.
These amendments are consistent with federal and state requirements.
Specifically in the case of the ordinance amendment to Section 1108, the
purpose is to align the City's ordinance with the State Statute.
The Planning Commission conducted the public hearing on these ordinance
amendments. There was not a particularly large turnout nor were the
comments with respect to the amendments considered controversial.
To advise the public of the new ordinances, staff will be preparing articles for
developers with respect to the new easement, lot width and lot size
requirements. Similarly for recreational vehicle enforcement, staff will be
distributing flyers to owners advising that the new requirements will apply for
recreational vehicle storage beginning in the summer.
It is not our intent to "catch" watercraft owners who have not taken their boats
or PWCs out of storage by April 1 of next year; rather, staff's emphasis will
be on winter storage in 2014. We hope to enlist the assistance of homeowner
associations in spreading the word regarding the new requirements.
FINANCIAL These amendments will have no direct financial impact to the city.
IMPACT:
ALTERNATIVES: 1. Adopt an Ordinance amending Subsections 1004.604, 1101.502, 1102.405,
1102.700 and 1108.406 of the Prior Lake Ordinance as proposed, or with
specific changes.
2. Approve a resolution approving an ordinance summary and publication.
3. Deny the proposed amendments based on specific findings.
4. Table or continue discussion of the item for a specific purpose and provide
direction to City Staff.
RECOMMENDED City staff recommends Alternatives #1 and #2.
MOTION:
ATTACHMENTS: 1. Redlined Ordinance Amendments to Section 1104.604, 1101.502, ,
1102.405, 1102.700 and 1108.406
2. Exhibits to illustrate outlot and recreational equipment amendments
o � PRip�
ti
v � 4646 Dakota Street SE
Prior Lake, MN 55372
' �INrrESO� P
CITY OF PRIOR LAKE
ORDINANCE N0.113-_
�
AN ORDINANCE AMENDING SUBSECTION 1004.604, SUBSECTION 1101.502, SUBSECTION 1102.405,
SUBSECTION 1102.700 AND SUBSECTION 1108.406 OF THE PRIOR LAKE CITY ORDINANCE
1. The City Council of the City of Prior Lake does hereby ordain that Subsection 1004.604 of the Prior Lake Ordinance
is hereby amended in its entirety as follows:
1004.604 Outlot Alternative. The City may require outlots rather than easements for wetlands,
watermain, sewer lines, storm sewer lines , drainage areas, temporary cul-de-sacs antl other
features, when these features will be owned and maintained by the City. The subdivitler is
responsible for providing the City with a recorded warranty deed, in a form approved by the City
Attorney, for the outlot and for payment of all taxes on the outlot. A recorded copy of this deed
shall be delivered to the City immediately upon recording of the final plat.
2. The City Council of the City of Prior Lake does hereby ordain that Subsection 1101.502 of the Prior Lake Ordinance
is hereby amended to include #8 as follows:
1101.502 (8) Lots of record in the R-1 Use District may have side yards of not less than 5 feet for an interior side
yard which abuts an outlot area designated for public drainage and/or utility lines if the following
criteria are met:
➢ No fences, walls, accessory structures, or overhangs are allowed within the outlot area.
3. The City Council of the City of Prior Lake does hereby ordain that Subsection 1102.405 of the Prior Lake Ordinance
is hereby amended to include #11 as follows:
1102.405 (11) The lot width and lot area allowed in the R-1 Use District may be reduced to no less than 80
feet in width and 11,000 square feet in area if the property abuts an outlot area designated for
public drainage andlor utility lines. The following criteria are must also be met:
➢ Lots may have side yards of not less than 5 feet for an interior side yards which abut the
outlot area.
➢ No fences, walls, accessory structures, or overhangs are allowed within the outlot area
4. The City Council of the City of Prior Lake does hereby ordain that Subsection 1102.700 (3) antl (8) of the Prior Lake
Ordinance is hereby amended in their entirety as follows, which shall become effective Apnl 1, 2014:
1102.700: 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:
(3) The intent of this ordinance is to allow for the orderly storage of recreational equipment on
property at certain locations during on and off seasons. During off season times, the
equipment shall be located in the most visually inconspicuous portion of the lot as viewed
from the front, or from the street.
Currently licensed and operable winter recreational equipment may be parked on or adjacent
to a driveway on a lot in the "R" Use District from November 1 to April 1 each year. Currently
licensed and operable summer recreational equipment may be parked on or adjacent to a
driveway on a lot in a"R" Use District from April 1 to November 1 each year.
At all other times, recreational equipment shall be stored in the rear or side yard. For
purposes of this section, side yards shall also include areas extending from the principal
house structure, using lines parallel to the sides of the house extending to the rear and front
yard lines. In no case shall recreational equipment be parked in the front yard, unless an
exemption is granted by the Zoning Administrator itlentified in this section. Recreational
equipment shall be set back a minimum of 5 feet from the rear or side yard.
If topography or other natural conditions of the lot do not allow for the storage in the side or
rear yards as permitted above, the recreational equipment may be parked in an alternate, but
most inconspicuous, location of the lot subject to written approval of the Zoning Administrator.
No encroachment of the equipment shall occur into the public right-of-way.
No recreational equipment may be parked in "R" Use Districts that does not have the same
ownership between the equipment and any family member occupying the property. A house
being rented shall only allow storage of recreational equipment owned by the person(s)
renting the principal structure.
For riparian lots without a principal structure, recreational equipment shall be located between
the Ordinary High Water Elevation, and a line no more than 30 feet from the Ordinary High
Water Elevation and no less than 5 feet from the side lot line.
(8) Accessorv Structures.
a. General requirements. Accessory uses and structures shall comply with the following standards
and all other applicable regulations:
➢ No accessory use or structure shall be constructed or established on any lot prior to the time
of construction of the principal use to which it is accessory.
➢ The accessory use or structure shall be incidental to and customarify associated with the
pnncipal use or structure.
➢ The accessory use or structure shall be subordinate in area, extent, and purpose to the
principal use or structure served.
➢ The accessory use or structure shall be located on the same zoning lot as the principal use or
structure, except for accessory off-street parking and loading facilities and as definetl in
Section 1101.501 (d), and subject to the provisions of Section 1107.
b. Design criteria. In all residential districts, the design and construction of any garage, carport, or
storage builtling shall be similar to or compatible with the design and construction of the main
building. The exterior building materials, roof style, and colors shall be similar to the main bui�ding
or shall be commonly associated with residential construction. In addition, the following shall apply:
➢ Pole building structures are prohibited, except in the "A" Use District.
➢ Attached structures. An accessory structure shall be considered attached, and an integral part
of, the principal structure when it is structurally connected to the principal structure or located 6 feet
or less from the principal structure. Such structures shall be subject to the provisions of this
2
Ordinance applicable to principal structures including, but not limitetl to, setbacks, building height,
and other dimensional requirements.
➢ Detached structures. A detached accessory structure must be structurally independent from
the pnncipal 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°/a 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.
3. No accessory building shall be located within 5 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 line of a mansard roof; to
the uppermost point on a round or other arch type roof; or the mean distance of the ;
highest gable on a pitched or hip roof.
5. Detached accessory structures shall be located to the side or rear of the principal ',
building, and are not permitted within the front yard or within a side yard abutting a I
street except as provitled in subsections 6 and 7 below.
6. No detached accessory building erected to the side or rear of a pnncipal building on �
a comer lot shall be located within 25 feet of any properry line abutting a street.
7. No accessory structure may be located in any public right of way or public easement
except by consent of the City Engineer or hismer designee.
8. On riparian lots in the Shoreland District, one (1) detachetl accessory building
designed and used as a garage may be located between the front building wall and
the street or private road providing access to the lot subject to the following
conditions:
■ The accessory building must be located so that it meets all front yard
requirements of a principal structure.
■ The accessory building must be compatible in design and materials with the
principal structure.
■ The accessory structure may be used only for storage of vehicles and other
equipment incidental to residential uses.
■ There shall be no home occupations or other nonresidential use of the building.
■ The accessory structure must meet all other requirements of subsection
1102.700(8).
5. The City Council of the City of Prior Lake does hereby ordain that Subsection 1108.406 of the Prior Lake Ordinance
is hereby amended in its entirety as follows:
1108.406 Decision on Variance. The Boartl of Adjustment, or City Council upon appeal, may grant a
Variance from the strict application of the provisions of the Zoning Ordinance, if it finds all of
the following criteria are satisfied:
(1) There are practical difficulties in complying with the strict terms of the Ordinance. "Practical
difficulties," as used in connection with the granting of a Variance, means the property owner
proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance.
Economic considerations alone do not constitute practical difficulties.
3
r es antl intent of the Cit
(2) The granting of the Vanance is in harmony with the general pu pos y
Subdivision and Zoning Ordinances and the Comprehensive Plan.
(3) The practicai difficulty is due to circumstances unique to the property not resulting from actions
of the owners of the property and is not a mere convenience to the property owner and
applicant.
(4) The granting of the variance will not alter the essential character of the neighborhood or be
tletrimental to the health and safety of the public welfare.
(5) The granting of the Variance will not result in allowing any use of the properry that is not
permitted in the zoning district where the subject property is locatetl.
6. This Ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 9th day of December, 2013. '
ATTEST:
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
Publishetl in the Prior Lake American on the 14th day of December, 2013.
Drafted By:
Prior Lake Community & Economic Development Department
4646 Dakota Street
Prior Lake, MN 55372
4
o .� PRIp�
� � U tr�
4646 Dakota Street SE
`�IN�so��' Prior Lake, MN 55372
RESOLUTION 13-xxx
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE N0113-_ AND ORDERING THE
PUBLICATION OF SAID SUMMARY
Motion By: Second By:
WHEREAS, Ordinance No. 113-_ was adopted and order published at a regular meeting of the
City Council of the City of Prior Lake held on the 9th day of December, 2013.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. Ordinance No. 113-_ is lengthy.
2. The text of the summary of Ordinance No. 113-_, attached hereto, conforms to Minn. Stat. Section
331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will
clearly inform the public of the intent and effect of the Ordinance.
3. The title and summary shall be published once in the Prior Lake American in a body type no smaller
than brevier or eight-point type
4. A printed copy of the Ordinance shall be made available for inspection by any person during regular
business office hours at the office of the City Clerk, and a copy of the entire text of the Ordinance shall
be posted in the City offices.
5. Ordinance No. 113-_ shall be recorded in the Ordinance Book, along with proof of publication, within
twenty (20) days after said publication.
PASSED AND ADOPTED THIS 9T" DAY OF DECEMBER, 2013.
YES NO
Hedber Hedber
Keene Keene
McGuire McGuire
Morton Morton
Souku Souku
Frank Boyles, City Manager
O � PRlp�
� �
U t�
4646 Dakota Street SE
'�rN�so'��' Prior Lake, MN 55372
SUMMARY OF ORDINANCE NO. 113-
�
AN ORDINANCE AMENDING SUBSECTIONS 1004.604, 1101.502, 1102.405, 1102.700,
1108.406 OF THE PRIOR LAKE CITY ORDINANCE
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, HEREBY ORDAINS:
SummaN:
SUBSECTION 1004.604, OUTLOT ALTERNATIVE
In Subsection 1104.604, Outlot Alternative, areas for the location of public utilities were added to
the list of public outlot alternatives.
SUBSECTION 1101.502, REQUIRED YARDS/OPEN SPACE
In Subsection 1101.502, Required Yards/Open Space, #8 pertaining to regulations for side yard
setback was added for R-1 zoned residential lots which are adjacent to publically-owned outlots.
SUBSECTION 1102.405, R-1 DIMENSIONAL STANDARDS I
In Subsection 1102.405, Dimensional Standards, #11 pertaining to regulations for structure i
setbacks, lot width, and lot area was added for R-1 zoned residential lots which are adjacent to '�
publically-owned outlots.
SUBSECTION 1102.700, RESIDENTIAL PERFORMANCE STANDARDS
Regulations were changed for #3 and #8 related to the storage of recreational equipment and
accessory structures; this ameneded Subsection shall become effective on April 1, 2014.
SUBSECTION 1108.406, VARIANCES, ISSUANCE
In Subsection 1108.406, Issuance, #2 as a listed criteria to evaluate variances was removed.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
Published in the Prior Lake American on the 14 day of December, 2013.
Srrlst�i�dsiart ('c�cP.�
SECTION 1004
DESIGN STANDARDS
SUBSECTIONS:
1004 .100: PUBLIC WORKS DESIGN MANUAL
1004.200: BLOCKS
1004.300: LOTs
10�4.400: STREETS AND ALIEYS
1004.500: SIDEWALKS AND MULTI-PURPOSE TRAILS
10Q4.600: EASEMENTS
1004.700: EROSION AND SEDIMENT CONTROL
'1004.800: STORM �RAINAGE
10Q4.900: PROTECTED AREAS
1004.1000: DEDICATION REQUIREMENTS
1004 .1900: MINIMUM DESIGN FEATURES
1004 .1200: ZONING OROINANCE CONSISTENCY
(Tt�e f�llowing is an excer�t for illusfirative �ur�oses)
10Q4.600 EASEMENTS.
1004.601 Width And Location. An easement for utilities at least ten feet (10') wide shaif
be provided along all lot lines. If necessary for the extension of watermain, sewer
lines, stormwater sewer lines, drainage, and other utilities, easements of greater
width may be required along lot lines or across lots.
1004.602 Contlnuous Utillty Easement Locations. The design and location of utility
easements shall connect with easements established in adjoining properties.
These easements, when approved, shall not thereafter be changed without the
written approval of the City Council after a public hearing.
1004.603 Exclusion From Minimum Lot Area. Easements established over major
drainage ways, wetlands, water bodies, road right-of-ways, and regional
utility/pipeline easements shall be excluded from the calculation of minimum lot
areas as defined by the Subdivision Ordinance and by the provisions of the
Zoning Ordinance.
1004.604 Outlot Alternative. The City may require outiots rather than easements for
� wetlands, waterm_�in, s�wer Iines s�;wer lines_ drainage areas, temporary
cul-de-sacs and other features, when these features will be owned and
maintained by the City. The subdivider is responsible for providing the City with a
recorded warranty deed, in a form approved by the City Attorney, for the outiot
and for payment of all taxes on the outlot. A recorded copy of this deed shall be
delivered to the City immediately upon recording of the final plat,
City of Prror Lake 1004
Zc���irrk �)1•cfi�tcr��ce
SECTION 1101
GENERAL PROVISIONS
SUBSECTIONS
110'1.100: Purpose and Intent
1101.200: Overvlew
1101.300: Rules of Construction
1101.400: Definitions
1101.600: General Provisions
1101.600: Districts Established
1101.700: Zoning Map
1101.800: Boundaries
1101.90d: Uses Not Listed
1101.1000: Land Use Descriptians
1101.1100: Motorcycles
(The follQwing is an excerpt �or illt�sfrafive ptirposes)
1101 .500: GENERAL PROVISIDNS. 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 Rrovisions
s Required YardsJOpen Space
➢ Yard Encroachments
y Fences
y No Sewer and Water
Y Traffic Visibility
y Pedestrian Access
➢ Height Limitation
➢ Grading, Filling, Land Reclamation and Excavation
➢ Temporary Uses
9101.502 Reauired Yards/Open Space.
(1) The area of a yard, bufferyard, or other open space shall not be reduced below the
minimum size required by this Ordinance.
(2) If the existing yard is less than the minimum size required by this Ordinance, it sha11
not be further reduced in size.
(3) If the existing bufferyard or other open space is less than the minimum size required
by this Ordinance, it shall not be reduced in size.
Cit}� o1'Prior I.nke
Jrrfie 1, 2009 1101
Zoni►�� C7�=�lf��ir�ce
(4) No yard or open space which is required by this Ordinance for any structure shail be
included as a part of any yard or open space which is required by this Ordinance for
another structure, except as provided in Subsection 1107.2000.
(5) Usable open space which is required by this Ordinance shall contain improvements
such as outdoor swimming pools, patio areas, game areas, landscaped and grassy
areas which contain benches, sculpture gardens, pedestrian paths and trails, or
similar outdoor fixtures or features. Roofs, driveways, and parking areas shall not
constitute usable open space. The minimum dimension of usable open space shall
be 30 feet.
(6) On a through lot, both street lines shall be front lot lines for the purpose of applying
this Ordinance.
(7) Nonconforming lots of record in the R-1 and R-2 Use Districts rnay have side yards
of not less than 5 feet if the following criteria are met:
➢ The sum of the side yards on the nonconforming lot is at least 15 feet.
➢ No yard encroachments, as permitted in Subsection 1101.503, are located
within 5 feet of an adjoining lot.
➢ A minimum separation of 15 feet is maintained between all structures on the
nonconforming lot and on the adjoining lot.
(8) Noncnnforminq Iots of recor in th� R-1 a� f�-2 Use E�istr iiiay have side vards
af nat less fhan 5 feet for a sicie yard which directfy aE�uts an outfot area desiqnated
fior public drainaae and/or utilitv lines if the fo�lowina criteria are �et�
��10 fer�ces wal�s accessory s#ructures or overhanqs are allov+r�d within the autlot
area.
Ci1y of Prior Lake
Jto�e 1, 2009 1101
Zoirr�rg Ordijrance
SECTION 1102
USE DISTRICT REGULATIONS
SUBSECTIONS
1102.100: Residential District Regulations
1102.200: "A" Agricuitural Use District
1102.300: "R-S" Rural Subdivision Residential Use Distrlct
1102.400: "R-1" Low Density Residential Use District
1102.500: "R-2" Medium Density Residential Use District
1102.600: "R-3" High Density Residential Use District
1102.700: Resldential Performance Standards
1102.800: "TC" Town Center Use Dlstrict
1102.900: "TC-T" Trar�sitional Town Center Use District
1102.1000 "C-1" Neighborhood Cornrnerclal Use District
1102.1100: "C-2" General Business Use District
1102.1200 "C-3" Business Park Use District
1102.1300: Commercial Restrictions and Perforrnance Standards
1102.1400 "I-1" General Industrial Use District
1102.1600: Industrial Performance Standards
(Ihe foNot�✓inc� is an excerpt for illusfr�afit�e pclrposes)
1102.400: "R-1" Low Density Residential The purpose of the ��R-1" �ow-�ensity
Residentiai 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
residentiai neighborhood.
1102.405Dimenslonal Standards.
(1) No structure shall exceed 3 stories or 35 feet in height, whichever is less, except as
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 (11) below and in the
Subdivision Ordinance shall govern the use and development of lots in the "R-1" Use
District.
Lot Area (Sq. ft.) Lot Width (ft.) Front Yard (ft.) Side Yard (ft.) Rear Yard (ft.)
12,000 86 25 10 25
(4) Denslty: The minimum density for new development in the R-1 Use District is 2
units per acre. The maximum density for new development in the R-1 Use District
Ciry of Prior Lake
Jlute I, 2009 1102
Zo�tifrg Or�lifrance
is 4 units per acre. These densities shall be achieved utilizing the minimum lot
areas listed in Subsection 1102.405 (3).
(5) The depth of the front yard of a lot shail 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.
{6) Through lots and corner lots shall have a required front yard on each street.
(7) The width of the side yard setback abutking a building wall shall be increased 2
inches for each 1 foot the length of the building wall exceeds 60 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.
(8) Side yard widths may be reduced if the side wall of a building is not paraliel by
more than 10 degrees with the side lot line, to permit the average depth of the side
yard to conform to the minimum side yard depth in the District, but no side yard
shall be less than 5 feet deep. No side yard shall be reduced to prevent
cons#ruction of a driveway from the street into the rear of the lot unless a garage
which has access from the street is located on the lot or an alley provides a
secondary access to the rear yard of the lot.
{9} A single family dwelling which legally existed or for which a valid building permit
had been granted on or before the effective date of this Ordinance, may be
expanded by an addition or dormer, provided the addition does not extend into the
existing side yard, and provided the combined width of the side yard for the building
and the adjacent building is not less than 10 feet.
(10} Any parcel which is subdivided for the purpose of creating condominium ownership
is permitted provided that the overall density created within all condominium
parcels and the common lot does not exceed the maximum density permitted
within the zoning district. Any front, rear, and side yard dimensians shall apply
from the building face to the property line of the common lot.
�11) Tl�e la vri�th anci lot �rea allo in tl�� �t-1 llse District t7�a�ka� reduced to ��o
less fhan 80 feet in widtl�t and 11,00_0 square feet iE� area if the pr�pertv abuts an
outl�t area d�siqnated for public drainege and/or ukilit�r lines. The followinq criteria
are m��st also b� met: �
� Lots mav have si�� yards of not less than 5 feet for an Interior side vards whEch
abuts the outlot area.
� N� fences, walf�, accessoN structures or overharlqs are aliawed witl�in the ouflot
area.
City ofPrior Lake
Jiore 1, 2009 1102
Zorring O�•dinarlce
SECTION 1102
USE DISTRICT REGULATIONS
SUBSECTIONS
1102.100: Residential Distrlct Regulations
1102.200: "A" Agricultural Use District
1102.300: "R-S" Rural Subdivision Resldential Use District
1102.400: "R-1" Low Density Residential Use District
1102.500: "R-2" Medium Density Resldential Use District
1102.600: "R-3" Wigh Density Residential Use District
1102.700: Residentiai Performance Standards
1102.800: "TC" Town Center Use District
1102.900: "TC-T" Transitional Town Center Use District
1102.1000 "C-1" Neighborhood Commercial Use District
1102.1100: "C-2" General Business Use District
1102.�1200 "C-3" Business Park Use District
1102.1300: Comrnercial Restrictions and Performance Standards
1102.1400 "i-1" General Industrial Use District
1102.1600: Industrial Performance Standards
(!r'i�� :`�Ifr�wirtg is ai; ��x���rf�t for illusft'�t;ve >>urpc�s�s}
1102.700: Residential Performance Standards. No structure or premises within any
"R" Use District shail be used for one or more of the following uses unless its use
complies with the foliowing regulations:
(1) All trash, garbage, waste maferials, trash containers, and recycling containers shall
meet parking setbacks and shall be stored in a manner provided in the City Code.
(2) No vehicle shall be stored, displayed, parked or allowed in any of the required yard
or landscaped areas; except as permitted by subsection 3 below, or by Subsection
1107.204 (12).
(3) Re 3CCf:c��. �lQI13I CC�UI ment may b� stored on pr^o�ei ty at cert�it� locations durir�� on
�nd off seasans. Durin� off s�asai� tiilies, the eauipment shall be (ocated in the
most visuallv inconspicuous�ortion of the lot as viewed frorr� the front and the
street.
Currently licensed and operable winter recreational equipment if�l��ik�g f+s#�-
��E�Je.�. may be parked on or adjacent to a driveway on a lot in the "R" Use
District from November 1 to April 1 each year. Currently licensed and operable
summer recreational equipment may be parked on or adjacent to a driveway on
a lot in a"R" Use District from April 1 to November 1 each year. At all other
times, recreational equipment shall be stored in the rear or side yard.
�#-�e��t�}��Y-o+�-�t-�i�a-r�a���l-eot-��4fi�ar�
} ��rr`rc - .�i�i�z - vr�'^r r- Q�� �/��� '"tttC^'t"R.'�'��"C98�C�t � r�in� nt�i�rr�.nt Fn 1��+�
►.•' �'..J - �£���{3 1��r-rnca°�ix7acc,-� cv°z-rrc
€�FI�fLsW-��'�}t�C
�F3��-�y+i��-S� f'i E�f�(� S:
Citv of Prta� Lake
Jmre 1, 2009 1102
Zo�iing Orclinance
t�.: - � , E - �;c�' .. ����.qYXk (, �t�.� t.,��:z-tJrr.��n Inr �1- �o-�c+ G f�c�h frr.m �n�� �lr{c� �n*
T ......
ttf't�`'+'
. �:
' .
ri����nT I� T�,_
For purposes of storin� recre�tional equipment onlv�side yards shall indude
are�s tl��t extend into tt�e front and r�ar yards that are IaGated t�etween each
side !ot line and a fine extendin� the side of thQ principal structure r�earest the
side lot line. In na case sha!( recreational equipment be parked in the front
yard, unless an exempCiar� ts �ranted by the Zor�in� Administrator. No
enc��oachmer�t of the equipment shall occur into the public right-of-wav.
Recrea�i�nal enuitamen# shaEl be s,et_back a minimum of_fiv_e f�et 5' from �II
�.lt'OpEYt� �It1�S.
In "R" Use Districts, if the propertV is owner occupied only recreational
equipment owned bv the�ropertV owner or a famiiv member of the owner mav
be parl<ed on the propertu. in "R" Use Districts if the nr�operty is bein� rentecl,
onlv recreational equiprnent own�d by the tenant of the principal structure or a
farnil r�mcmber of the fenant mav be parked c�n the propertv.
For� ►�ivarian lots wifihoufi a principal structure, recreational equipment sha41 #�e
located between the Ordinarv Hi�h Water Elevation and a line no more than
thir�,.fe 30') from the Ordinarv Hi�h 1Nater Elevation. In addition,
recreational equipment shall be set baek afi (easfi five feet {S'l from the side lo�
lines.
(4) All utility lines including electric, gas, 4vater, sanitary sewer, telephone, and
television cable shall be placed underground when used with all new structures or
additions which expand the gross square footage of a structure by more than 50
percent unless used for service to single family or two-family houses. In addition,
any new service to an existing building other than a single family or two-family
dwelling shall be placed underground.
(5) All access roads shall have a poured-in-place concrete curb measuring at least 6
inches above and below the grade in all developments except developments of
single family or two-family dwellings.
(6) Interior pedestrian circulation and pedestrian linkage to any existing public trails or
sidewalks shall be provided where practically possible for all developments except
developments of single family or two-family dwellings.
(7) All single and two family homes shall;
a. Be built on a permanent foundation;
__ -
Ci!}� ofPrior Lnke
Jtnre 1, 2009 1102
Zo�zing O��dinance
b. Be connected to the City sanitary sewer and water uniess exempted under
the provisions af Subsection 1101.545; and
c. If the home is a man�factured home, it shall:
➢ Have a permanent, campletely enclosed fioundation cons#ructed around
the entire circumference of the sfructure and which comp{ies with the State
Manufactured Home Building Code.
➢ Meet the standards and be certified by the U.S. Depa�tment of Housing
and Urban Devefopment.
(8) Accessorv Structures.
a. General requirements. Accessory uses and structures shail compiy with the
following s#andards and a11 other applicable regulations:
➢ No accessory use or structure shall be constructed or estab[ished on any
lot prior to the time af construction of the principal use ta which it is
accessory.
➢ The accessory use or struc#ure shall be incidental to and customarily
associated with the principal use or structure.
➢ The accessory use or structure shall be subordinate in area, extent, and
purpose to the principal use or structure served.
Y 7he accessory use or structure shall be located on the same zoning lot
as the principal use or structure, except for accessary off-skreet parking
and loading facilities and as defined in Section 1101.501 (d), and subject
to the provisions of Section 1107.
b. Design criteria. In ail residential districts, the design and construction of any
garage, carport, or storage bui[ding shall be similar to or compatible with the
design and construct+on of the main building. The exterior building materia{s,
roof style, and colors shall be similar ta the main building or shall be
commoniy associated with residential construction. In addition, t�e following
shall appiy:
➢ Pole building structures are prohibited, except irt the "A" Use District.
➢ Attached structures, An accessory structure shall be considered
attached, and an integral part of, the principal structure when it is structurally
connected to the principaf structure ar [ocated 6 feet or less from the principal
structure. Such structures shall be subject to the provisions of this Ordinance
applicable to princ�pal structures including, but not limited to, setbacks,
building height, and other dimensional requirements.
➢ Detached structures. A detached accessory structure must be structuralty
independent from the principal structure. Detached accessory structures
shall be permitted in residentiai districts in accordance with #he following:
1. The totaf ground floor area of a11 detached accessory struc#ures
located on a single residential property in the R-1, and R-2 Use
D(stricts shal[ 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 Diskrict shall not exceed 30% of the rear yard.
Clly Of PJ'l01 Lake
Jttrte 1, 20�9 1102
Zof�ing Ordi�lance
3. No accessory building shall be located within 5 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 line of a mansard roof; to the
uppermost point on a round or other arch type roof; or the mean
distance of the highest gable on a pitched or hip roof.
5. Detached accessory structures shall be located to the side or rear
of the principai building, and are not permitted within the front yard
or within a side yard abutting a street except as provided in
subsections 6 and 7 below.
6. No detached accessory building erected to the side or rear of a
principal building on a corner lot shall be located within 25 feet of
any property line abutting a street.
�1. �o_�c�.c�� or�,�_:,�tr�icturc ����Ay_ t?r� loc�ited in �r�V ric�ht of .��u,�
�r� puk�l�e easei�i��nt �xc�;�,t k�y co��s�,��f_af th�: C_ity E�r��e�r
his/her desiqnee�.
8. On riparian lots in the Shoreland District, one (1) detached
accessory building designed and used as a garage may be
located between the front building wall and the street or private
road providing access to the lot subject to the following conditions:
■ The accessory building must be located so that it meets all
front a�c-#-�ic�c yard requirements of a principal structure.
■ The accessory building must be compatible in design and
materials with the principal structure.
■ The accessory structure may be used only for storage of
vehicles and other equipment incidental to residential uses.
■ There shall be no home occupations or other nonresidential
use of the building.
■ The accessory structure must meet all other requirements of
stibsection 1102.700(8).
Cily of Pria• L�rke
�r��:e �, 2009 1102
Zo�ri�rg Orclrnmrce
SECTION 1108
CONDITIONAL USE PERMITS, VARIANCES, AMENDMENTS AND
INTERIM USE PERMITS
SUBSECTIONS
1108.100: Standards and Procedures Governing Conditional Use Permits,
Variances, and Amendments
1108.200: Conditional Use Permits
'1108.300: Continuation of Certain Conditional Use Permits
1108.400: Variances to the Provisions of the Zoning Ordfnance
1108.600: Amendments to the Zoning Ordinance and the Officlal 2oning Map
1108.600: Policy for Amendments
1108.700: Special Procedure for Comprehensive Rezoning
1108.800: Procedure for Comprehensive Plan Amendments
1108.900: Sife Plan Review
1108.1000: Interim Use Permits
(The followir�c� is an �xeerp� fQr iltustrative perr�ases)
1108.4Q0: Variances To The Provisions Of The Zoning Ordinance. This Section
provides authority for Variances to the literal appiication of #he provisions of the
Zoning Ordinance. Minnesota Statutes 462.357 (subd. 6, subp. 2) states
"variances may be granted when the applicant for the Variance establishes that
there are practical difficulties in complying with the Zoning Ordinance." When
practical difficulties unique to an individual property would result from strict
enforcement of the literal provisions of the Zoning Ordinance, the owner af the
fee title to the property may apply for a Variance to the provisions of the
Ordinance. The Board of Adjustment, or City Council upon appeal, may
approve a Variance if it finds the Variance meets all of the criteria in Subsection
1108.406, and is not restricted by the limitations in Subsectian 1108.407.
The statutory authority to grant a variance is permissive and not mandatory.
Even when a Variance apptication meets all of the criteria in Subsection
1108.406 and is not restricted by the (imitations in Subsection 1108.407 the
Board of Adjustment, or City Council, as the case may be, is not required to
grant a Variance if doing so would be inconsistent with the Comprehensive
Plan.
Whenever there is reference to a fee anywhere in this Section, the fee refers to
the amount provided for in the Official Fee Schedule adopted annually by the
City Council.
1108.406 Decision on Variance. The Board of Adjustment, or City Council upon appeal,
may grant a Variance from the strict application of the provisions of the Zoning
Ordinance, if it finds all of the following criteria are satisfied:
(1) There are practical difficulties in complying with the strict terms of the
Ordinance. "Practical difficulties," as used in connection with the granting of a
Cr(l� of Prror Lake
Jiore 1 , 2009 1108/pl
7_onrng O�•di�ra�tce
Variance, means the property owner proposes to use the property in a
reasonable manner not permitted by the Zoning Ordinance. Economic
considerations alone do nof constitute practical difficulties.
(2) The granting of the Variance is in harmony with the general purposes and intent
of the City Subdivision and Zoning Ordinances and the Comprehensive Plan.
I {3) -t�h�-gr�ntia�c,}_of �he Var-ia�e�-E� ne�essar�-�s-�eKr-x�i�-�t�e-�easo�rable-t�sa--ef���ia
�eper-t� i+�velved.-
{4}�3ZThe practical difficulty is due to circumstances unique to the property not i
resulting from actions of the owners of the property and is not a mere
convenience to the property owner and applicant.
4a}j�)_The granting of the variance will not alter the essential character of the
neighbori�ood or be detrirnental to the health and safety of the public welfare.
(G)�'�} The granting of the Variance will not result in allowing any use of the property
that is not permitted in the zaning district where the subject property is located.
Ciry of Pj•ior I.crke
June l , 2009 1108/p2
e
Outiot Ordinance Amendment .
Current Ordinance Proposed Ordinance
192 f#. 180 ft. �
ss ft. s6 ft. sa ft. ao ft.
---�
�� o �
_ o � a �
�o
` �.
� " ,�., .
j Lat 1 � Lot 2 Lot 1 o Lat 2
i � � +, �
� o �• o �
i �
�
� �
� 12,040 sq. ft. 12,U40 sq. ft. 11,060 sq. ft. 11, 000 sq. ft.
i •
�
- . � .
E
l
�
I
1
Recreational Storage Ordinance Amendment
Front Yard 25 ft.
�...�.,..,�,. _� _ ,� . �_ .�� _� �_-- - - ------�----- - - _ ._ �� . �,... =d__ �.__ �
__ - - - ��
�!
� Off season storage allowed '
hy Zonin� /�dministrator ��
^ � �i
o � �i
� � �
f3
„� L� � ��,��� �w��y ��'
'� � � _.. ...._ ..� _____ ��._._._ _ _ �..., �� `
t� u �
;�. � I , �
� {i
� � �
;a � � � �� ��. �;
� `� �" j
� t !
c� � i
� � "' ' House � . _
�s
,
.� � i �
,� 5 ft.! �,
`,� } '�
, � i
.LO �• . . .. . � � h
� �
_ . ._.. _ ��� i
�
� � Re�r Yard �`
i�
� �
�
';
�� � � � 1:�
� � �4
,
.�„,�.� ..�_ __-�._______._._ ._m,.____ .._.._.. ._..___.�.�_�w_._,._____._..__,___..M__.__4_..__�____3