HomeMy WebLinkAboutRedlined Copy showing Shoreland Ord Changes Zoning Ordinance
SECTION 1104
SHORELAND REGULATIONS
[AMENDMENTS SHOWN AS ADDITIONS AND DELETIONS]
SUBSECTIONS
1104.100: General Provisions
1104.200: Designation of Types of Land Use
1104.300: Zoning Provisions
1104.400: Shoreland Alterations
1104.500: Special Provisions for Commercial, Industrial, Public/Semi-Public,
Agricultural and Forestry
1104.600: Water Supply and Sewage Treatment
1104.700: Conditional Uses
1104.800: Planned Unit Developments (PUDs)
1104.900: Development on Nonconforming Lots
1104.100: GENERAL PROVISIONS.
1104.101 Statutory Authorization: This Chapter is adopted pursuant to the
authorization and policies contained in Minnesota Statutes, chapter 103F,
Minnesota Code of Agency Regulations, parts 6120.2500 - 6120.3900, and the
planning and zoning enabling legislation in Minnesota Statutes, chapter 462.
1104.102 Policy: The uncontrolled use of shorelands of the City of Prior Lake affects the
public health, safety and general welfare not only by contributing to pollution of
public waters, but also by impairing the local tax base. Therefore, it is in the
best interests of the public health, safety and welfare to provide for the wise
development of shorelands of public waters. The Legislature of Minnesota has
delegated responsibility to the municipalities of the State to regulate the
subdivision, use and development of the shorelands of public waters and thus
preserve and enhance the quality of surface waters, preserve the economic and
natural environmental values of shorelands, and provide for the wise utilization
of waters and related land resources. This responsibility is hereby recognized
by the City of Prior Lake.
Subsections 1104.103 through 1104.306 not shown here
1104.307 Additional Special Provision:
(1) Residential subdivisions with dwelling unit densities exceeding those in
Subsection 1104.301 and 1104.302 of this subsection shall only be allowed if
designed and approved as residential planned unit developments under
Subsection 1104.800. Only land above the ordinary high-water level of public
water can be used to meet lot area standards, and lot width standards must be
met at both the ordinary high-water level and at the building line.
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(2) Subdivisions of duplexes, triplexes, and quads on Natural Environment Lakes
must also meet the following standards:
a. Each building must be set back at least 200 feet from the ordinary high-
water level;
b. Each dwelling unit must be separately served by public utilities, none of
which are shared;
c. Watercraft docking units must be separately served by public utilities,
none of which are shared;
d. No more than 25% of a lake's shoreline can be in duplex, triplex or quad
developments.
{3) Lots intended as controlled access to public waters or as recreation areas for
use by owners of non riparian lots within subdivisions are permissible and must
meet or exceed the following standards:
a. The lot must meet the lot width and area requirements for residential
b. If docking, mooring, or over water storage of more than 6 watercraft is
the same lot depth) must be increased by the percent of the
requirements for riparian residential lots for each watercraft beyond 6,
_ Moor't• - ili i- •- u-- a- • *wile •1•i i•l _ •- - lt'l-• • a-
Zoning Administrator:
a. The facility shall be compatible with the adjacent land and water uses.
b. Adequate water depth is available for the proposed facilit without
churning of bottom sediments.
c. The facility will not create a volume of traffic on the lake in the vicinity of
the facility that will be unsafe or will cause an undue burden.
d. h- 1. -ff- h- • -Ii if . - -r -.• •- - • •• • - I- -
e. The facility; b reason of nois- fumes or other nuisance characteristics,
will not be a source of annoyance to persons in the vicinity of the facilit .
f. Adequate sanit- and parking facilities will be provided in connection
with the facility.
g. •m•lian - ,' h he •r• i• if • - i•I I . 17 ____ • •
applicable.
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h. A Mooring Facility Permit shall be obtained as set forth in Subsection
1104.307(7)
4 •n rill-. Acce L. h-II m-- h- foll•w'n• •nditi•n - determin-• •
the Zoning Administrator:
a. The lot must be suitable for the intended use as a Mooring Facility.
b. The lot must be jointly owned by all purchasers of lots in the subdivision
or by all purchasers of non-riparian lots in the subdivision who are
provided access rights on the lot.
c. The entire lot shall be a minimum of 20 feet in depth measured from the
Ordinary High Water Elevation.
d. The allowable number of Boat Slips for a Controlled Access Lot shall be
based on the conditions identified in Subsection 1104.307(3) and (4);
provided however, in no case shall the number of boat slips exceed 1
Beat Sli• fir eve 1 . f-- if Lo .i• h - m-- r-• - h-
High Water Elevation.
Controlled Access Lot Frontage Requirement,
Ratio of 1 ake Size Te Shere Required Increase In
1 ength /Aare,-/Mile) Frentage-flaereent)
I ecce than, 1 and
-00---200 20
201 300 4-
301 400 40
ed. Covenants or other equally effective legal instrument,must be recorded
against the Controlled Access Lot and all benefitin• lots developed and
recorded that specify which lot owners have authority to use the
Controlled Aaccess Loot and what activities are allowed. The activities
may include watercraft launching, loading, storing, beaching, mooring,
or docking. The covenants m-ust may also include other outdoor
recreational activities that do not significantly conflict with general public
use of the public water or the enjoyment of normal property rights by
adjacent property owners. Examples of the non-significant conflict
activities include swimming, sunbathing, or picnicking. The covenants
must limit the total number of watercraft allowed to be securely moored,
docked, or stored over water, and must require centralization of all
common facilities and activities in the most suitable locations on the lot
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to minimize topographic and vegetation alteration. The covenants must
also require all parking areas, storage buildings, and other facilities to
be screened by vegetation or topography as much as practical, from
view from public water, assuming summer, leaf-on conditions.
(5) Recreational Marinas shall be allowed on a riparian lot in the R-2 or C-2 Zonin•
Districts. The lot and Recreational Marina shall meet the following minimum
conditions as determined by the Zoning Administrator:
a. The minimum lot size shall be one (1) acre.
b. The allowable number of Boat Slips shall be based on the conditions
identified in Subsection 1104.307(3) and (5),
c. Th- I. h-II • •vi•- •-v-• • - r-e •-rki • - - minimr- io • •n- _
parking space per four(4) Boat Slips: parking shall not be located below the
Ordinary High Water Elevation and shall further meet the standards in
Subsection 1104.501(1) of this Ordinance. In addition, a landscaping buffer
shall be installed and maintained between the parking and the Ordinary
High Water Elevation sufficient to capture and filter all run-off from the
parking.
d. The lot shall meet the impervious surface coverage requirements in
Subsection 1104.306 of this Ordinance. For purposes Subsection 1104.306
2 and _ - r-- i•n-I M-rin- h-II b- •-fin-• - a •-rmi -•
commercial ("C") use.
e. All General Performance Standards in Section 1107 of this Ordinance shall
- sit . B -r -r• T •- •-fin-• 'l • - i•n 1 07 !I h- •-
•n r t-• -I• • -n "R" - Dis ri . '•n-•- I- I •- -II•w-• •-
Subsection 1107.810 for Lake Services and shall further meet the standards
in Subsection 1104.501(3) of this Ordinance.
(• Commercial Marinas shall be allowed on a ri•arian lot in the R-2 or C-2 Zonin•
Districts. The lot and Commercial Marina shall meet the following minimum
conditions as determined by the Zoning Administrator:
a. The minimum lot size shall be one (1) acre.
b. Th- I•t h-II •r•vi•- say-• •1- r-- •- - minim i r- is if • - _
parking space per four (4) boat slips; parking shall not be located below the
Ordinary High Water Elevation and further meet the standards in Subsection
1104.501(1) of this Ordinance. In addition. a landsca•in• buffer shall be
installed and maintained between the parking and the Ordinary High Water
Elevation sufficient to capture and filter all run-off from the parkin..
Additional off-street parki • ma be required for boat tours or if the Zoning
Administrator determines that an ancilla use rewires additional parking_
c. The lot shall have public bathrooms connected to munici•al sanita sewer
as approved by the City.
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d. The lot shall meet the impervious surface coverage requirements in
Subsection 1104.306 of this Ordinance. For purposes Subsection 1104.306
(2)and (3). Commercial Marinas shall be defined as a permitted commercial
("C") use.
e. All General Performance Standards in Section 1107 of this Ordinance shall
- ••1 . B ff- -r• T_•e - •-fin-• in • - i• 1117.20' hall •-
in r -Isis -n "R" - Di ri •n-•- h-II •- - • -• •-r
Subsection 1107.810 for Lake Services and further meet the standards in
Subsection 1104.501(3) of this Ordinance.
f. Hours of operation for boat tours shall be limited to between 7:00 a.m. and
10:00 p.m.. seven days a week.
g. Commercial Marinas shall obtain and comply with a permit issued by the
Minnesota Department of Natural Resources. The permit shall determine
the number of allowable Boat Slips.
_ All ••rin• F-cil' i- h-II •• -in - M••rin• F- ili P- mi . An - ••li - i•n f•r
a Mooring Fa ilit Permit shall be on a form provided by the Cit and shall follow
the applicable procedure as set forth below:
a. Controlled Access Lots.
i. Applicants applying for a Moorina Facilit Permit for a Controlled
Access Lot shall submit the application to the Zoning Administrator.
The Zoning Administrator shall review the application for corn'fiance
with the conditions identified in Subsection 1104.307(3) and (4).
W' hint i 1 •a if - -i• if - • •I- - - •• ' - i•n - Z. 'n•
Administrator shall either approve or deny the permit. Upon a denial
of the permit, notice shall be sent by r-aular mail to the applicant which
notice shall provide the grounds for such denial and shall inform the
applicant of the applicant's iaht. within twenty (20) calendar da s of
receipt of the notice b applicant. to reauest an appeal of the Zonin•
Administrator's determination to the City Council. If an appeal to the
i • n ' i im-1 r- -iv-d • h- _ •nin• A•I ini r- •r h- h-arin•_
.- •re th- •u -ke .1- - wi hin 21 -I-nd, , • h-
receipt of the appeal by the Zoning_A• ini tr_ . •.n - ••r•v� al if -
permit,the Zoning Administrator shall issue a Mooring Facility Permit
to the applicant.
ii. Mooring Facility Permits for Controlled Access lots shall ex•ire u•on
the earlier of(i) -n cha •e to the Moorin• Facility includin• but not
limited to a change in the structur- size or la out of the facility: or (ii
three (3) years from the date of issuance.
iii. Mooring Facility Permits for Controlled Access lots may be revoked or
cancelled following the procedure set forth in Subsection 1108.221.
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b. Recreational Marinas. Applicants applying for a Mooring Facility Permit for
a Recreational Marina shall apply for a Conditional Use Permit following the
procedures set forth in Subsection 1108.205 through 1108.222. The
conditions set forth in Subsection 1104.307(3) and (5), as well as any
additional conditions imposed by the Planning Commission or City Council,
shall apply to Conditional Use Permits issued to Recreational Marinas.
c. Commercial Marinas. Applicants applying for a Mooring Facility Permit for
a Commercial Marina shall apply for a Conditional Use Permit following the
procedures set forth in Subsection 1108.205 through 1108.222. The
conditions set forth in Subsection 1104.307(3) and (6), as well as any
additional conditions imposed by the Planning Commission or City Council,
shall apply to Conditional Use Permits issued to Commercial Marinas.
(8) All non-compliant Mooring Facilities existing as of the adoption of this
•r•in-n - hall •- I-•-1 non •nf•rmin• - •'-c • Minn. . , •2.357
Subd. le.
1104.308 Placement, Design, And Height Of Structures:
(1) Piers and Docks: Setback requirements from the ordinary high-water mark
shall not apply to piers and docks. Location of piers and docks shall be
controlled by applicable state and local regulations.
(2) Setback Requirements For Residential Structures: On shoreland lots that
have 2 adjacent lots with existing principal structures on both such adjacent
lots, any new residential structure or any additions to an existing structure may
be set back the average setback of the adjacent structures from the ordinary
high-water mark or 50 feet, whichever is greater, provided all other provisions
of the Shoreland Overlay District are complied with. In cases where only one
of the two lots adjacent to an undeveloped shoreland lot has an existing
principal structure, the average setback of the adjacent structure and the next
structure within 150 feet may be utilized. Setback averaging may not be utilized
when an undeveloped shoreland lot is adjacent to two other undeveloped
shoreland lots. In no instance shall a principal structure be located in a shore
impact zone or a bluff impact zone.
a. The following shall not be considered encroachments into the lakeshore
or bluff setback:
1) Eaves, gutters and basement egress windows, provided they do not
extend more than 2 feet into a yard; and provided such encroachment
is no closer than 5 feet from any lot line.
2) Yard lights and nameplate signs for one and two family dwellings in
the R-1, R-2 and R-2 districts.
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