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Home My WebLink About10C Amend Ord re setbacks, variances, rec vehicle storage o � rxr �� U tzy 4646 Dakota Street SE � CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 13, 2014 AGENDA #: 10C PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE 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 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 (Decision on Variance) 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 decision of variances. Historv 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 Requirement Lot Width 86 ft. 80 ft. Lot Area 12,000 sq. ft. 11,000 sq. ft. Side Yard 10 ft. 5 ft. Abuttin 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 term, April 1, 2014. Subsection 1108.406 — (Decision on Variance) 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 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. FINANCIAL IMPACT: These amendments will have no direct financial impact to the city. 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 �� PRj �+P ti � v � 4646 Dakota Street SE Prior Lake, MN 55372 `�INx�so`��' CITY OF PRIOR LAKE ORDINANCE N0.114- ' 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 and other features, when these features will be owned and maintained by the City. The subdivider is responsible for providing the City with a recortled 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 strtactures, 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 stnactures, 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) and (8) of the Prior Lake Ordinance is hereby amended in their entirety as follows, which shall become effective April 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 antl operable summer recreational equipment may be parked on or adjacent to a dnveway 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 identified 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 parketl 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 ownetl 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) Accessory Structures. a. General requirements. Accessory uses antl 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 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. ➢ 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 defined in Section 1101.501 (d), and subject to the provisions of Section 1107. b. Design criteria. In all residential districts, the design and consVuction of any garage, carport, or storage building shall be similar to or compatible with the design and construction of the main building. The e�erior building materials, roof style, and colors shall be similar to the main building or shall be commonly associated with residential construction. In addition, the following shall apply: ➢ Pole building structures are prohibited, except in the "A" Use Distnct. ➢ 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 limited to, setbacks, building height, and other dimensional requirements. ➢ Detached structures. A detached accessory stn.icture 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. 3. No accessory building shall be located within 5 feet of any lot line abutting lots in an "R" Use Distnct. 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 street except as provided in subsections 6 and 7 below. 6. No tletached accessory building erected to the side or rear of a principal building on a comer lot shall be located within 25 feet of any property 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) 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 builtling 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 resitlen6al 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 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 Variance, means the property owner proposes to use the property in a reasonable manner not permittetl by the Zoning Ordinance. Economic considerations alone do not constitute practical difficulties. 3 (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. (3) The practical 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 detrimental to the health and safety of the public welfare. (5) The granting of the Variance will not result in allowing any use of the property that is not permitted in the zoning distnct where the subject property is located. 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 13th day of January, 2014. ATTEST: Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Published in the Prior Lake American on the 18th day of January, 2014. Drafted By: Prior Lake Community & Economic Development Department 4646 Dakota Street Prior Lake, MN 55372 4 O � PRlp� � � 4646 Dakota Street SE '�jivxESO'��' Prior Lake, NIN 55372 RESOLUTION 14-xxx A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE N0114-_ AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, Ordinance No. 114-_ was adopted and order published at a regular meeting of the City Council of the City of Prior Lake held on the 13� day of January, 2014. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. Ordinance No.114-_ is lengthy. 2. The text of the summary of Ordinance No. 114-_, 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 antl 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. 114-_ shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. PASSED AND ADOPTED THIS 13T" DAY OF JANUARY, 2014. YES NO Hedber Hedber Keene Keene McGuire McGuire Morton Morton Souku Souku Frank Boyles, City Manager O � PRIp� � � 4646 Dakota Street SE '�I�so'��' Prior Lake, MN 55372 SUMMARY OF ORDINANCE NO. 114- 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: Summarv: 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 In Subsection 1102.405, Dimensional Standards, #11 pertaining to regulations for structure 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, DECISION ON VARIANCES In Subsection 1108.406, #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 18 day of January, 2014. ,Slr(3;�i4'13r01! (_.'r�C�u SECTION 1004 DESIGN STANDARDS SUBSECTIONS: 1004.100 PUBLIC WORKS DESIGN MANUAL 10Q4.200: BLOCKS 1004.300: LOTs 9004.400 STREETS AND ALIEYS 1004.500: SIDEWALKS AND MULTI-PURPOSE TRAILS 1Q04.600: EASEM�NTS 1004.700: EROSION AND SEDIMENT CONTROL 1004.800: STORM DRAINAGE 1004.900 PROTECTED AREAS 1004.1000: DEDICATION REQUIREMENTS ' 1004 MINIMUM DESIGN FEATURES 1004.1200: ZONING ORDINANCE CONSISTENCY (77�c; foll��h�ing is an excerpf for iflt�sfr�€iv� �1t�rN��.;�:�:: j '� � oa4.soo EASEMENTS 1004.601 Width And L.ocation. An easement for utilities at least ten feet (10') wide shall be provided along ali 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 Continuous Utility Easement Locations. The design and location of utility '� easements shall connect with easements established in adjoining properties. These easemenfs, when approved, shall not thereafter be changed without the written approval of the City Council after a public hearing. 1004.603 Exclusion From Minlmum 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 outlots rather than easements for � wetlands, w�ir�inain, sewer lir�es, ��to��i��_sc,�n�e��_I;n��s , 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 outlot and for payment of atl taxes on the outlot. A recorded copy of this deed shall be delivered to the City immediately upon recording of the final p1at. CitY orPrior Lake 1004 Tvni�r� Or tIr`irarr�cc: SECTION 1101 GENERAL PROVISIONS SUBSECTIONS 1101,100: Purpose and Intent 1101.2Q0: Overview 1101.300: Rules of Construction 1101.4b0: Definitions 1101.600: General Provisions 1101.600: Districts Established 1101.700: Zoning Map 1101.800: E3oundaries 1101.900: Uses Not Listed 1101.1000: Land Use Descriptions 1101.1100: Motorcycles :'t�i i� � .'� 'i!;+� /c3 c=7i { .:C'i:i�1� f�t"t��ft£� (1'�ili�ci ��ifIJ�QSGS,� 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 subsectians 1102.100 through 11Q2.160Q. The General Provisions are listed for the following: ➢ Lot Provisions y Required Yards/Open Space ➢ Yard Encroachments Y Fences Y No Sewer and Water y Traffic Visibility ➢ Pedestrian Access ➢ Height Limitation ➢ Grading, Filling, Land Reclamation and Excavation Y Temporary Uses 1101.502 Reaufred Yards/Oaen Space. (1) The area of a yard, bufferyard, or other open space shall not be reduced below the minimum size required by this Ordinance. (2) If the existing yard is less than the minimum size required by this Ordinance, it shall not be further reduced in size. (3) If the existing bufferyard or other open space is less than the minirnum size required by this Ordinance, it shall not be reduced in size. Ciry of P,•io,• I.ake J�uie l, 2009 1141 "Lo�iing Orctrnnnce (4) No yard or open space which is required by this Ordinance for any structure shall be incl�ided as a p�rt of any yard or open space which is required by this Ordinance for another structure, except as provided in Subsection 11Q7.2000. (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 di►nension 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: Y The sum of the side yards on the nonconforming lot is at least 15 feet. Y No yard encroachments, as permitted in Subsec#ion 1101.503, are located within 5 feet of an adjoining lot. Y A minimum separation of 15 feet is maintained between all structures on the nonconforming lot and on the adjoining lot. (8) `.��:;� �` k, r�i � �� _�� or� in ihe C�-� ��,�i iZ-?_ U�e �iis��e;s ia�a � have s�a� �arus ___ _. -- - - _ _ _ — - --- « ,_. _----- - .__ ._1 c.�. nvt le�s ti�a�� 5 f�et for a side vard which directfv �E�uts an outEat area desiqnated for pub(ic cirainaqe ancl/or utility lines if the followincy ctiteria are n�et: i Y N� fences, walEs, accessory structures or overhanc�s are allowed within the outlot area. Cf(ti� oJ'Prior I.nke Jtme I, 2009 1101 Zt>trtrt�; C1t•tti�tttr?i:i: 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 1902.400: "R-1" Low Density Residential Use District 1102.500: "R-2" Medium Density Residentlal Use District 1102.6�0: "R-3" Wigh Density Residentlal Use District 1102.700: Residential Performance Standards 1102.800: "TC" Town Center Use District 9'i02.900: "TC-T" Transitional Towr� Center Use District 1902.1400 "C-1" Neighborhood Comrnercial Use District 1102.1100: "C-2" General Business Use District 1102.1200 "C-3" Business Park Use Distrlct 9102.1300: Commercial Restrictlons and Performance Standards 1102.1400 "I-1" General Industrial Use District 1102.1500: Industrial Perforrnance Standards r�� '.�% . r j . ,� r �. i �.� �, i ..�.� �' ..J. 7, i�,'( t:,��4{i'�i.,i ii,i, ...�C��IC f1Ci t) �� .�..JJ 110Z.400: "R-1" Low Density Residential The purpose of the "R-1" Low-Density Residential Use District is to provide areas where the emphasis is on singie-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. 1102.405Dirnensional 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 shali not exceed 0.3. (3) The following minimum requirements and those additional requirements, excepfion 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 City ojPrior Lake Jtrne 1, 2009 1102 lonrng Urdi�u��rce is 4 units per acre. These densities shall be achieved utilizing the minimum lof areas listed in Subsectian 1102,405 (3). (5) 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 af 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 abutting 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 d�grees of being paralle► to and abutting the side lot line of a lot. (8) 5ide yard �vidths may be reduced if the side wall of a building is not parallel by more than 10 degrees with the side lot line, to permit the average depth of the side yard to conform to the minirnum 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 construction 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 dimensions shall appEy from the building face to the property line of the common lot. .(.1_i� I�at v�,�iekii� a��d kat �r�a allUV� i��_tl��_it-1 Use nistrict i�aY b�; reduc�d to i7Q le ss than 80 feet iri �rricith and ��(,U00 s uare f eet in area if th� propertv abuts �ri outlot �re� desiqnated for �ublic drainac a ndtor utility lines. The fallowinq criteri are t�ust also be met: r Lot i�iay hav� sid� vards of not fess tt��n 5 feet for an iriterior sid� vards whECh ' ab�tts the ouflc�t are�. �> No f�fi�c�s waals accessory structi�r�s, or overha�uts are a[Iflwed within the �utlot area. ! Cih� ofPrior L�ke Jinte !, 2009 1102 LOit!?t& �l'(f1itQItCC SECTION 1102 USE DISTRICT REGULATIONS SUBSEC710NS 1102.100: Residential District Regulatlons 1102.200: "A" Agricultural Use District 1102.300: "R-S" Rural Subdivislon Resldentlal Use Dlstrlct 1102.400: "R-1" Low Density Residential Use District 1102.600: "R-2" Medium Density Residential Use District 1102.600: "R-3" High Density Residentiai Use District 1102.70d: Residential Performance Standards 1102.800: "TC" Town Center Use District 1102.900: "TC-T" Transitional Town Center Use District 1102.1000 "C-1" Neighborhoad Commercial Use District 9102.1100: "C-2" General Business Use DistricY 9102.1200 "C-3" Business Park Use District 9102.1300: Commercial Restrictions and PerFormance Standards 1102.1400 "i-1" General Industrial Use District 1102.1600: Industrial Performance Standards / 1 Pli; !`t, . i','i:1�; !'> �i�l c'..�. C.,'f . �:;f lii !:,.; cfi�Vb j:11,'!� � ;C'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 un�ess 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 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) .� c�e� �iori�s,l et;�uiE�rnei�t i��ay f�e stored oi��operty_ai certai�� Iocaliot�s ciurii�g on �r �d off seasons. Diu�in� aff seasan times, the equipment shall be located in the most visu�ll inconspicuous portion of the_I�t as_viewed from_the front anti tf s;re�`. Currently licensed and operable winter recreational equipment i�,: k�.�.;ir.E; {�s!�- ;;�:<<;;�;:: be parked on or adjacent ta 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(ot 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. 4€-t��a{,�r��ay-c�� at��t*�-�a�t�at=�ad--cn��c�+l+��asaf-t?��Ic�t E��-t+Q�-�I�e�n�€a�-�-a��c-i�� i��-si�l�-nr r��r-ya�ls tt��s��e-r��t�o�al-�e}c�i��eF�l-p�aa�-Eae-{��wlEeFl-,.�d}�ce�4--�-�� r��;-d�i�� ur�tt�t�-�p��o-�wal-at-the-7-a��f��clt�ai��st��s�o�-a�d-tk�e- �'�,`." ,. ',, ;�r!.�. City off'i•ia• Lnke Jtnte I, 2009 1102 Zo��ing Orclinance 8. T ---t �cTCS,-'£t�-t-IAf�Ca�kFI�Ki}��f7�1-}�S�-�8-�8£c�fr�rl -�+ In�r+ � f�Li�--�ra"-01�7-2N��3fEe:?-�(3�- �fflE': �_ roe�.r.�.+1nv.-.1 i 51�° ln �vciirtcr For purposes of storin� recreational equipment oniv, sideyards shall include areas that extend into the front anci rear vards that are located between each side lofi line and a(ine extendin� the s(de of the principal structure nearest the side lot line, In no case shall recreational euuit�ment be parked in the front yard, unless an exemption is granted bv the Zonin� Administrator�. No encroachment of the ectuipment shall occur into the public ri�ht-of-wav. Kecreational ec�u�ment set a minirnum of five feet L'Zfram ali propertv lines, In "R" Use Districts, if the propertv is owner occupied, only recreational equipment owned bv the propertv owner or a family member of the owner mav be parked on the propertV. �n "R" Use Districts, if the pro�ert�Eaein� rented� only recreational equipment owned bV the tenant of the principal structure or a familv member of the tenant mav be parked on the �ropertv. For riva+•ian lots without a principal structure� recreationai equipment shall be ; located between the Ordinarv High Water Elevation, and a line no more than � thirtv feet (30') from the Ordinary High Water Elevation. In addition, recreatfonal equipment shal{ be set back at least five feet (S'� from the side lot lines, i (4) All utility lines inciuding electric, gas, �vater, 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 developrnents 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; Cily o/'Prior Lrrke Jrnre l, 2009 1102 i Zonrng Ordinance b. Be connected to the City sanitary sewer and water uniess exempted under the pravisions of Subsection 1901.505; and c. If the home is a manufactured home, it shall: ➢ Have a permanent, campletely encEosed foundation cons#ructed around the entire c9rcumference of the struc#ure and which compfies with the State Manufactured Home Building Code. ➢ Meet the standards and be certified by the U.S. Department of Housing and Urban Devefapment. (8) Accessorv Structures. a. General requirements. Accessory uses and structures sha11 compiy with the following standards and all other applicable regulations: ➢ No accessory use or structure shall be const�ucted or established on any lot prior to the time af construction of the principal use to which it is accessory. ➢ The accessory use or struc#ure shali 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. ➢ 7he accessory use or structure shall be located on the same zoning lot as the principal use or structure, except for accessory off-skreet parking and loading facilities and as defined in Section 1141.501 {d}, and subject to the provisions of Section 1107. b. Design criteria, In all residential districts, the design and conskruction of any garage, carport, or storage building shall be similar to or compatible with the design and construction of the main building. The exterior building materials, roof sfyle, and colors shall be similar to the main building or shall be commonly associated with residential construction. In addition, the following shall app�y: ➢ Po1e building structures are prohibited, except in the "A" Use District. ➢ Attached structures. An accessory structure shall be considered aftached, 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 principai structure. Such structures shall be subject to the provisions of this Ordinance applicable to principaf structures including, but not limited to, setbacks, building height, and other dimensional requirements. Y Detached structures. A detached accessory structure must be structuraliy independent #rom the principal s#ructure. Detached accessory structures shali be permitted in residential districts in accordance with #he following: 1. The totaf ground fioor area of a!I detached accessory struc#ures located on a single residentia( 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 af Priot• Lake Jr�rre 1, 2009 lldz 'lo�ting Ortlrtttu�ce 3. No accessory building shall be located within 5 feet of any lat 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 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. ;?� ,.;_ C�l ;� S:(UCtltl'@ ti1'6'.}r` �?�' �OCt3TCC1 {t1 �il � F1Ut��lC. t'1C �li �i L1��' • . _ . �' �,��. C: , l}�3!iC; � �: �:!"E ��'f ii �kt:8�ji ��y COI15:311�_ O�` CI��! ��tlf►!C1GE�I' ,�j . _ _. _ _ _ ��i`� fiC��"II'1C 8. O�� 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 ��i-fi�c�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 al( other requirements of subsection 1102.700(8). Crtv of Prior Lake Jrute 1. 2009 1102 Zoni�rg Orcii»nirce SECTION 1108 CONDITIONAL USE PERMITS, VARIANCES, AMENDMENTS AND INTERIM USE PE�iMITS SUBSECTIONS 1108.100: Standards and Procedures Governing Conditional Use permits, Variances, and Amendments 1108.200: Cond(tional Use Perrnits 1108.300: Continuation of Certain Conditional Use Permits 1108.400: Variances to the Pravisions of the Zoning Ordinance 1108.600: Amendrnents to the Zoning Ord(nance and the Officlal Zoning Map 1108.600: Policy for Amendments 1108.700: 8peciai Procedure for Comprehensive Rezoning 1108.800: Procedure far Comprehens(ve Plan Amendments 1108.900: Site Plan Revlew 1108.1000: Interim Use Permits (f�1,c i�vilc��,�i;�c; ;,�, rz�:� e,r�,�rE�t fc�r illtrsfrafit�e purpo.;��sl 9108.400; Variances To 7he Provisions Of The Zoning Ordinance. This Section provides authority far Variances to the literai appiication of the 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 of 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 Subsection 1108.407. The statutory authority to grant a variance is permissive and not mandatory. Even when a Variance application meets all of the criteria in Subsection 1108.406 and is n�t resiricted by the limitations 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 anyvrhere in this Section, the fee refers to the amount provided for in the Official Fee Schedule adopted annually by the City Council. 1108.406 Dectsion 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 Crty of Prior Lnke J�nte I. 2009 11Q8/pl 7.onb�g Ordinru�ce 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. (2) The granting of the Variance is in harmony with the general purposes and intent of the City Subdivisian and Zoning Ordinances and the Compreh�nsive Plan. � (:?� !�l�n ;�r �rati�;c c�t:� ��r�;iance ;s n�r:,�:�ar,�-to-per�r�it-#�e r^� �an�k�l� «se ef .F�e, � �;rt�s7eri��-iE�uoluec,. {��;3� The practical di�culty is due to circumstances unique to the property not resulting from actions of the owners of the property and is not a rnere convenience to the property owner and applicant. (t>;f�'�)_The granting of the variance will not alter the essential character of the r�eighUoriiood o�� b� cfietriri�ental t� tl�e healti� and safety of iiie pubfic welfare. {�)�5� The granting of the Variance will not result in allowing any use of the property that is not perrnitted in the zoning district wt}ere tf�e subject property is located. ; ; ; Ci1i' of Prra• l.nke Ju�re 1, 2009 1108/p2 � ' Outlot Ordinance Amendment Current Ordinance Proposed Ordinance 192 Yc. � � 180 ft. _ : 86 ft. 86 ft. ---� 80'ft. � � 80 ft. � . �-- H fl 10 0 . ��_ � 0 . 0 . '� i i j LO$1 � LOt Z LOt �. ++ LOt 2 o ,.; I � o Q � i � � I i 12,040 sq. ft. 12,040 sq. ft. 11,U00 sq. #t. 17., 000 sq. ft. � i � � � I C ( - �' . . � I . Recreationa) Storage Ordinance Amendment Front Yard 25 ft. �...�._�, ._.- � .�_-�-_ .-�_„—�.e. _.� ��..�-_ . �-�_�,n�..�..._,. t ____..__ __ . ,�-__,.,- � Off season storage allowed „� � by Zoning Administrator c ' 0 � ��-- � �' ti ; t� k ; �- _ _ ___-- - ��-- -- ---�— ----- �. ! � cu ; --- -- � � � w � f 'a i '� � � � �.0 �. � N � � i ! L , � � N House i " i . � � i ' ! N ; 5 ft. � �: t -� q t �, � , .La �t. i � i �� . � k I 12ear Y�rd f � E t 1 C: