HomeMy WebLinkAbout8A - Attach 2 (Shoreland Ord Redline) 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
consistent with the following table:
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Zoning Administrator:
a. The facility shall be compatible with the adjacent land and water uses.
b. Adequate water depth is available for the proposed facility 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. The facility will not affect the quality of water and the ecology of the lake.
e. The facility, by reason of noise, fumes or other nuisance characteristics.
will not be a source of annoyance to persons in the vicinity of the facility.
f. Adequate sanitary and parking facilities will be provided in connection
with the facility.
g. Compliance with the provisions of Subsection 1104.307(4). (5) or(6) as
applicable.
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1104.307(7)
(4) Controlled Access Lots shall meet the following conditions as determined by
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 H'gh 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
Boat Slip for every 12.5 feet of Lot width as measured at the Ordinary
H'gh Water Elevation.
Controlled Access Lot Frontage Requirements
Length /Acres/Mile►
eee. than 100 5
100 200 20
201 300 45
301 400 4S
Greater than 400 a
area 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
riparian access rights on the acccs
ed. Covenants or other equally effective legal instruments must be recorded
Against the Controlled Access Lot and all benefiting lots developed and
recorded that specify which lot owners have authority to use the
Controlled Aaccess Llot and what activities are allowed. The activities
may include watercraft launching, loading, storing, beaching, mooring,
or docking. The covenants must 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 Zoning
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. The lot shall provide paved off-street parking at a minimum ratio of one (1)
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 (3), Recreational Marinas shall be defined as a permitted
commercial ("C") use.
e. The lot shall have public bathrooms connected to municipal sanitary sewer
or Portable Toilets as approved by the City
f. All General Performance Standards in Section 1107 of this Ordinance shall
apply. Bufferyards, Type C, as defined in Subsection 1107.2005, shall be
constructed along any "R" Use District. Signage shall be allowed per
Subsection 1107.810 for Lake Services and shall further meet the standards
in Subsection 1104.501(3) of this Ordinance.
(6) Commercial Marinas shall be allowed on a riparian lot in the R-2 or C-2 Zoning
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. The lot shall provide paved off-street parking at a minimum ratio of one (1)
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 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.
Additional off-street parking may be required for boat tours or if the Zoning
Administrator determines that an ancillary use requires additional parking.
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c. The lot shall have public bathrooms connected to municipal sanitary sewer
as approved by the City.
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
apply. Bufferyards. Type C, as defined in Subsection 1107.2005, shall be
constructed alone an "R" Use District. Si•na•e shall be allowed per
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.
(7) All Recreational Marinas and Commercial Marinas shall obtain a Conditional Use
Permit following the procedures set forth in Subsections 1108.205 through
1108.222. The conditions set forth in Subsection 1104.307(3) and either (5) or
6 as a••licable as well as an additional conditions im•osed b the Plannin•
Commission or City Council, shall apply to Conditional Use Permits issued to
Recreational Marinas and Commercial Marinas.
a Controlled Acce.s Lots.
i. Applicants applying for a Mooring Facility P
. - . - 94.-9
Within thirty (30) days of receipt of a complete application, the Zoning
of the permit, notice shall be sent by regular mail to the applicant which
notice shall provide the grounds for such denial and shall inform the
Administrator's determination to the City Council. If an appeal to the
City Council is timely received by the Zoning Administrator, the hearing
before the City Council shall take place within 20 calendar days of the
receipt of the appeal by the Zoning Administrator. Upon approval of a
permit, the Zoning Administrator shall issue a Mooring Facility Permit
to the applicant.
ii. Mooring Facility Permits for Controlled Access lots shall expire upon
the earlier of (i) any change to the Mooring Facility including but not
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limited to a change in the structure, size, or layout of the facility; or (ii)
three (3) years from the date of issuance.
- - .. - -- - ' --- - - -- - . - -- -
procedures set forth in Subsection 1108.205 through 1108.222. The conditions
imposed by the Planning Commission or City Council, shall apply to Conditional
Use Permits issued to Recreational Marinas.
c. Commercial Marinas. Applicants applying fora Mooring Facility Permit for a
- e--e- - - _ . --- - et. !- • --- et. . -- -imposed by the Planning Commission or City Council, shall apply to Conditional
Use Permits ic.sued to Commercial Marinas.
{8) All non compliant Mooring Facilities existing as of the adoption of this
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.
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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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