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HomeMy WebLinkAbout96-12 City & Zoning Amendments CITY OF PRIOR LAKE ORDINANCE NO. 96-12 AN ORDINANCE AMENDING TITLE 5, SECTION 5-4-1, OF THE CITY CODE AND SECTION 4.1 OF THE PRIOR LAKE ZONING ORDINANCE 83-6 PERTAINING TO SETBACKS; TITLE 5, SECTION 5-5-8, SECTION 6.8 OF THE PRIOR LAKE ZONING ORDINANCE 83-06 PERTAINING TO HOME OCCUPATIONS; AND SECTION 5-7 OF THE PRIOR LAKE CITY CODE AND SECTION 7 OF THE PRIOR LAKE ZONING ORDINANCE PERTAINING TO REIMBURSEMENT FOR CITY COSTS. The City Council of the City of Prior Lake does hereby ordain: Title 5, Section 5-4-1 of the City Code and Section 4.1(B) of the Prior Lake Zoning Ordinance 83-6 is hereby amended as follows: B. All structures, whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies, cantilevers and chimneys or platforms above normal grade level, shall not project into any minimum front, side, or rear yard setbacks. Provided, however, accessory structures for all residential districts shall be permitted within ten (10') feet from the rear yard setback. Provided, further, that decks not meeting the required setback may be replaced if the following criteria are met: 1. The deck existed on the date the structure setbacks were established; 2. The replacement deck is the same size, configuration, location and elevation as the deck in existence at the time the structure setbacks were established; 3. The deck is constructed primarily of wood, and is not roofed or screened. Title 5, Section 5-4-1 of the City Code and Section 4.1 of the Prior Lake Zoning Ordinance 83-6 is hereby amended by adding (C) as follows and renumbering the succeeding provisions: C. Substandard lots of record located in the RI-Suburban Residential and R2-Urban Residential zoning districts may have one (1) side yard setback of no less than five (5) feet as long as a minimum separation often (10) feet is maintained between structures on the lot and adjoining lot. Title 5, Section 5-5-8 of the City Code and Section 6.8 of the Prior Lake Zoning Ordinance 83-6 is hereby amended as follows: A home occupation, may be permitted as an accessory use in residential zoning districts if it complies with the requirements of this section. 0RD9612.DOC A. All material or equipment shall be stored within an enclosed structure. B. Operation of the home occupation is not apparent from the street right-of-way. C. The activity does not involve warehousing, distribution or retail sales of merchandise produced off the site. D. The home occupation may be carried on persons residing in the dwelling unit and not more than one employee who does not reside in the dwelling unit. E. The home occupation shall be carried on wholly within the principal structure. Space within the dwelling devoted to the home occupation does not exceed 10% of the floor area or 300 square feet, whichever is greater. No portion of the home occupation is permitted within any attached or detached accessory building. F. Exterior displays, signs (other than those permitted under the Sign Ordinance, 94-6), and outside storage of materials shall not be permitted. G. Objectionable noise, vibration, smoke, dust, electrical disturbances, odors, heat, glare or other nuisance factors shall not be discernible at the property line. H. The home occupation shall not create excessive automobile traffic within the neighborhood. Title 5, Section 5-7 of the City Code and Section 7 of the Prior Lake Zoning Ordinance 83-6 is hereby amended by adding the following: 7.12 REIMBURSEMENT FOR CITY COSTS A. PURPOSE The purpose of this section is to provide a procedure to reimburse the City for its cost to review, analyze and evaluate all land use proposals; including but not limited to development proposals, conditional use permits, comprehensive plan amendments, zoning amendments, and enforcement of this Ordinance. The intent of this section is to insure an adequate level of review of these cases and to insure that the adverse effects of development on the City are minimized and compliance with goals and objectives of the Comprehensive Plan and this Ordinance are obtained. Be REIMBURSEMENT REQUIRED An applicant for any land use approval shall pay to the City, in addition to the application fee, all fees incurred by the City in connection with evaluating and processing the application; including engineering fees, attorneys' fees and fees for other professional services. ORD%1 2.DOC 2 c. PROCEDURE 1. The applicant shall pay an estimate of the City's fees for professional services by certified check or bank money order. If the amount paid to the City initially is insufficient to cover all City costs, the additional amount shall be billed to the applicant. Any money which has not been used to pay additional costs after the applicant's request has been processed shall be refunded to the applicant. 2. No Certificate of Occupancy for any project subject to this section shall be issued until all money o\ving to the City has been received. 3. All costs billed under this section shall be based on the actual cost to the City of staff time, overhead, material costs, and actual billings from consultants, experts and attorneys. Current Section 7.12 to be renumbered to Section 7.13. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 20th day of May, 1996. ATTEST: c ~~,: ~~,- -- ' ayor Published in the Prior Lake American on the 25th day of May , 1996. Drafted By: City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372 ORD9612.DOC 3 ....'K""'"_'-~"""""_,"""".._.~___...~",.~<.~_..">,.._~.._...~.,_,,..........,,"_~,'_.""~""'"""""'_"""'-""~'-""""""""'_~"._"""""."'"~'~''''''''.~'.-."'_.._.........,_,_._,____.___.,_____~_________,..,_~.~_