HomeMy WebLinkAbout93-01 Shoreland Mgmnt SummaryNOTICE OF SUMMARY PUBLICATION OF
CITY OF PRIOR LAKE
ORDINANCE 93-01
SHORELAND MANAGEMENT ORDINANCE
SUMMARY OF REGULATIONS:
The Prior Lake City Council adopted a Shoreland Management Ordinance for the City of Prior Lake on
March 1, 1993 subject to approval from the Minnesota Department of Natural Resources. The City
formally submitted the Shoreland Ordinance to MDNR on March 3, 1993. The Minnesota Legislature
passed Chapter 248, Laws of Minnesota 1995 which requires that an agency must, for any written requests
submitted after July 1, 1995, approve or deny a written request related to zoning within 60 days of receipt
of a complete application. Failure of the agency to act within the 60 day period is deemed by the Law to
be approval of the request. The City of Prior Lake again formally transmitted a copy of the approved
Shoreland Management Ordinance to the MNDNR on July 18, 1995 for its review and acceptance. The
deadline for response by MNDNR passed with no comment related to the Shoreland Management
Ordinance. Therefore, by operation of Chapter 248, Article 18, Laws of Minnesota 1995, the MDNR has
approved and accepted the Shoreland Management Ordinance. On November 6, 1995 the City Council of
Prior Lake adopted Resolution 95-112 which ratified and reaffirmed passage and approval of the Shoreland
Management Ordinance and ordered publication of the Ordinance which shall become effective upon its'
publication date.
The follow~g paragraphs summarize the Shoreland Management Ordinance. The entire Ordinance is
a~ilable for revl~, and or purchase from the Prior Lake P.l~mnit~
City Hall, 1620# F.,a~ie Creek~venue SE, Prior l~e, MN fl$372.
of the Ordinance slt~uld be directed to Connie Cttrlson ttt 447-4230 e. vletts~io~ 212:....The Ordinattee will.
be incorporated as Chapter. 9 of the Zoning Ord'mance and Title Z,,Chapt~... Il of ~e l~i.'or Lak?~ity Code,
An Ordinanc~ Am nd g ~,.,or Lake City Codeand Vr r take
The Council of th~ City of Prior Lake does hare .!:~y ordain:
City Code SeCtion 5-,i,7,-Deffiiitionsi City Code Section 5-8-1, (C). ,I~eflnifion~, Prior Lake
Ordinance No. 83-6, Seetion 8 I~ftnttions and Section 91i; C,'Oefiniti0ns ~ .Cit~ Code Chapter
Zoning Ordinance No. 93-6, Chapter 9 .are hereby amended as follows: ,,
16200 F~k Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
If
Impervious Surface (The portion of a buildable parcel which has a covering which does not permit water
to percolate into the natural soil. Subject to the following exemptions, these structures and materials shall
constitute impervious surfaces: Buildings, paved driveways and walkways greater than 3' in width, paved
patios, covered'decks and other structures. All such structures and materials shall be documented by a
Certificate of Survey unless exempted from this requirement by the Zoning Administrator).
Shoreland (Land located within the following distances from protected waters: 1,000' from he ordinary
high watermark of a lake, pond, or flowage; and 300' from a river or stream, or the landward extent of a
floodplain on such rivers or streams, whichever is greater).
Shore Impact Zone (Land located between the ordinary high water level of a public water and a line
parallel to it at a setback of 50% of the setback structure).
Substandard Use (Any use of shorelands existing prior to the date of enactment of this Ordinance which is
permitted within the applicable zoning district but does not meet the minimum lot area and length of the
Ordinance).
Surface Water-Oriented Commercial Use (The use of land for commercial purposes, where access to
and use of a surface water feature is an integral part of the normal conductance of business. Marinas,
resorts, and restaurants with transient docking facilities are examples of such use).
Toe of the Bluff (The lower point of a 50' segment with an average slope exceeding 18%).
Top of the Bluff ( the higher point of a 50' segment with an average slope exceeding 18%).
GENERAL PROVISIONS:
The City of Prior Lake has been authorized by State Law to adopt and administer Shoreland Management
regulations consistent with Minnesota Statutes, Chapter 103, Minnesota Regulations, Parts 6120.2500 -
6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. The
Ordinance will regulate all lands located within 1,000' of a designated public lake and 300' of a designated
river or tributary. The lands to which the Ordinance applies are indicated on the Official Zoning Map of
the City of Prior Lake.
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. The
legislature of Minnesota has delegated responsibility to 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 waters and related land resources.
DESIGNATION OF TYPES OF LAND USE:
The Ordinance regulates the shorelands of 11 lakes and two tributary streams in Prior Lake, including
Prior Lake and Spring Lake. The Shoreland Management Zone is an overlay zoning district which applies
specified regulations to properties located in the zone. All permitted and conditional uses allowed by the
underling zoning district are permitted. The Ordinance specifically regulates Substandard Uses.
Substandard Uses are those uses of shorelands existing prior to the date of enactment of the Ordinance
which are permitted within the Zoning District but do not meet the minimum lot area, setback or other
dimensional requirements. Structural alterations which substantially increase a substandard use or structure
may not be allowed.
SMOSUM.DOC
ZONING PROVISIONS:
Unsewered Lakes - Natural Environment
The minimum lot size 10 acres
The minimum lot width is 330'
Structure Setback from O-H-W is 150'
Structure Setback from Top of Bluff is 30'
Sewage System Setback from O-H-W is 150'
Sewered Lakes - Natural Environment:
RIPARIAN LOTS NON-RIPARIAN LOTS
AREA WIDTH AREA WIDTH
Single 40,000 125 20,000 100
Duplex 70,000 225 35,000 220
Triplex 100,000 325 52,000 315
Quad 130,000 425 65,000 410
Sewered Lakes - Recreational Development:
NON-RIPARIAN LOTS
AREA FRONT O-H-W AREA LOT WIDTH
WIDTH LOT
WIDTH
Single 15,000 90 75 12,000 86
Duplex 35,000 135 75 26,000 135
Triplex 50,000 195 75 38,000 190
Quad 65,000 255 75 49,000 245
RIPARIAN LOTS
Sewered Lakes - General Development
NON-RIPARIAN LOTS
AREA FRONT O-H-W AREA LOT WIDTH
WIDTH LOT
WIDTH
Single 15,000 90 75 12,000 86
Duplex 26,000 135 75 17,500 135
Triplex 38,000 195 75 25,000 190
Quad 49,000 255 75 32,500 245
RIPARIAN LOTS
Structure Setback from Top of Bluff- 30' for all Lake Classifications
Structure Height Limitation - 35' for all Lake Classifications.
* Structures and accessory facilities, except stairways and landings, must not be placed within the bluff
impact zones.
Impervious Surface coverage for lots in all zoning districts shall not exceed 30% of the lot area except as
provided in the Ordinance. Such impervious surface coverage shall be documented by a certificate of
SMOSUM.DOC
survey at the time of any zoning or building permit application. Impervious surface coverage for all
commercial and industrial zoning districts and for public recreational uses may be allowed to exceed 75%
of the total lot or exceed existing conditions on the lot which are over 75% provided a conditional use
permit is approved; All structures and practices shall comply with City Storm Water Management Plan and
any other applicable conditions of this section are satisfactorily met.
The Ordinance specifies standards for subdivision of duplex and townhome lots. Lots intended as
controlled access to public waters or as recreation areas for non-riparian lots within subdivisions are
permissible provided specific criteria in the Ordinance are complied with.
The Ordinance specifies setback requirements and lowest floor elevation requirements for structures
located in the Shoreland Overlay District. On General Development Lakes such as Prior and Spring Lakes,
1, water-oriented accessory structures may be permitted provided specific criteria can be met. The
Ordinance defines stairways, lifts and landings and provides guidelines for construction. Development on
islands is specifically regulated and limited to seasonal cabins, public parks and open space.
SHORELAND ALTERATIONS:
Alterations of vegetation and topography are regulated to prevent erosion into public waters, fix nutrients,
preserve shoreland aesthetics, preserve historic values, and to protect fish and wildlife habitat. Vegetation
alteration necessary for the construction of structures and sewage treatment systems and construction of
roads and parking areas regulated by the Ordinance are exempt from vegetation alteration standards.
Grading and filling permits are required for the movement of more than 10 cubic yards of material on steep
slopes or within shore or bluff impact zones and for the removal of more than 50 cubic yards of material in
other areas. The Ordinance specifies methods to stabilize soils, minimize soil erosion, and grading of the
shoreline of lakes. The Ordinance regulates the placement and design of roads, driveways and parking
areas and requires implementation of specified storm water management controls.
COMMERCIAL, INDUSTRIAL, PUBLIC/SEMI-PUBLIC, AGRICULTURE AND FORESTRY:
The Shoreland Management Ordinance specifies impervious surface limits for the aforementioned land
uses. Signs for such land uses are specifically regulated and may contain only the location and name of the
establishment and the general types of goods or services available. The Ordinance specifies new feedlots
must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum
300' setback from the ordinary high water mark of public waters. Forest management standards specify
harvesting of timber and associated reforestation must be conducted consistent with Best Management
Practices and Forestry guidelines.
Public and private water supplies for domestic purposes must meet or exceed standards for water quality of
the Minnesota Department of Health and Minnesota Pollution Control Agency. Specific provisions for
methods of sewage treatment are regulated including on-site sewage treatment system setbacks, non-
conforming sewage treatment systems shall be upgrade at any time a building or zoning permit or variance
of any type is required for any improvement on, or use of, the property.
The Ordinance specifies criteria for conditional use permits including evaluation criteria, conditions, and
notification procedures. Variances may only be granted in accordance with Minnesota Statutes, Chapter
462, as applicable. A variance may not circumvent the general purposes and intent of the Ordinance nor
allow any use that is prohibited in the Zoning District. The Ordinance contains provisions for subdivision
of land in the Shoreland District. Land must be suitable for development, and the project consistent with
all official controls of the Subdivision Ordinance. Topographic, surface water features, soils information,
adequacy of domestic water supply, location of floodplain districts as well as a line or contour representing
the ordinary high water mark, the "toe" and the "top" of bluffs and minimum setback distances form the
top of the bluff and/or lake shall be shown. The Department of Natural Resources shall be notified of any
public hearings to consider variances, amendments, or conditional uses under shoreland management
controls as well as subdivision and final plat decisions.
SMOSUM.DOC
The Shoreland Management Ordinance contains specific provisions related to development of PUD's
within the Shoreland Districts. The project area must be divided into tiers as specified and the suitable area
for development calculated for each type of land use proposed. Specific PUD density evaluation criteria
are provided to determine base density for residential and commercial PUD's. Standards for preservation
and maintenance in perpetuity of open space, development organization and functioning, open space
requirements, erosion control and storm water management, centralization and design of facilities are
identified in the Ordinance.
DEVELOPMENT ON SUBSTANDARD LOTS:
A lot of record existing upon the effective date of the Ordinance in a residential district, located adjacent to
a General Development or Recreational Development Lake, which does not meet the requirements of the
Ordinance as to area or width may be used for single family detached dwelling purposes provided 10
specific conditions are met. The minimum lot size with public sewer shall be a minimum of 50' in width
and a minimum lot area equal to or greater than 7,500 square feet. The development plan can not exceed
30% impervious surface coverage. Grading, drainage and erosion control plans must be approved by the
City. A substandard lot of record in the R-1 Zone, which contains 50' of lot width, may use one 5' side
yard setback provided the lot is not contiguous to another lot owned in common by the applicant; no
significant trees of 12" or more in caliper will need be removed to accommodate the 5' side yard setback;
no encroachment into any other required setback will be necessary; the proposed building shall not
encroach upon any recorded easement and there are no written objections from neighbors located within
100' of the subject site.
Unsewered Lots, if in a group of 2 or more contiguous lots under the same ownership, shall not be
considered as a separate parcel of land for the purposes of sale or development if any individual lot does
not meet the minimum requirement of 50' in width and 7,500 square feet of area. The lot must be
combined with one or more contiguous lots so they equal one or more parcels of land meeting the
requirements of the Ordinance as much as possible.
This Ordinance shall become effective from and after its passage and publication. Passed by the City
Council of Prior Lake this 1st day of March, 1993. Ratified via Resolution 95-112 on November 6, 1995.
To be published in the Prior Lake American on 27th day of November 1995.
THE ENTIRE SHORELAND MANAGEMENT ORDINANCE IS AVAILABLE FOR REVIEW AND
OR PURCHASE AT THE PRIOR LAKE PLANNING DEPARTMENT.
Drafted By:
Deb Garross
Assistant City Planner
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, MN 55372
SMOSUM.DOC