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HomeMy WebLinkAbout95-05 Zoning Ordinance'ZOO2OD' CITY OF PRIOR LAKE ORDINANCE NO. 95-o5 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 5 AND TITLE 6 AND PRIOR LAKE ZONING ORDINANCE NO. 83-6. The Council of the City of Prior Lake does hereby ordain: New paragraphs E and F are hereby be added to Section 5-6-10 of the Prior Lake City Code and Section 7.9 of the Prior Lake Zoning Ordinance and shall read as follows: (E) Additional Requirements for Amendments Changing Zoning Districts and Boundaries Thereof. 1. Applications. All applications for changes in the boundaries of any zoning district initiated by the petition of the owner or owners of the property shall be accompanied by a map or plat showing the land proposed to be changed and all lands within three hundred fifty feet (350') of the boundaries of that land and the names and addresses of the owners of the lands shown on the records of the County Auditor of Scott County. 2. Notice. When the City Council receives the recommendation of the Planning Commission on any request for change, or if the Planning Commission has not given the City Council a recommendation within sixty (60) days after submission of the request to it, the City Council shall set a time for a public hearing on the request. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the City at least ten (10) days prior to the day of the hearing. When an amendment involves changes in district boundaries affecting an area of five (5) acres or less, a similar notice shall be mailed at least ten (10) days before the day of the hearing to each owner of affected property and property situated wholly or partly within three hundred fifty feet (350') of the property to which the amendment relates. The names and addresses of all property owners within three hundred fifty feet (350') shall be provided by a certification of an abstract company so that the Zoning Officer may provide notification of the Amendment petition. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the record of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subsection has been made. Proof of service shall be made by the affidavit of the persons serving same and shall be filed with the Zoning Officer. - 1 - (F) The Commissioner of the Department of Natural Resources shall be notified at least ten (10) days in advance of the public hearing of any request to amend the boundaries of the Shoreland District. Shoreland District boundaries shall not be amended unless the City provides adequate information to the Commissioner of the Department of Natural Resources that the map is in error or the lands are adequately protected from flood. 3. Hearings. At the time set for the hearing, the City Council shall hear arguments for and against the proposed change, and may continue the hearing from time to time not exceeding sixty (60) days from the original date specified in the notice of hearing. If a hearing is continued more than once, another notice shall be given in accordance with subsection 2 above. Final vote on the proposed change shall be taken within the sixty (60) days, unless an extension of time is agreed to by the applicant. If the hearing is continued more than once, renotice to the public shall be required. 4. Zoning Text Changes. A zoning text change shall require published notice of the public hearing at least ten (10) days prior to the day of the hearing as required in subsection 2 above. 5. Fees for Rezoning and Amendments to the Text. No application for change in the boundaries of any zoning distdct or for change in the text of the Zoning Ordinance shall be filed until the person making the request has paid to the City of Prior Lake, a fee which has been set by resolution of the City Council. If the City Planning Commission initiates proceedings for rezoning and text amendments, the Council may require that such payment be made by owners of property involved before making any change. Special Procedure for Comprehensive Rezoning: Whenever the Planning Commission, in its capacity or acting on referral from the City Council, recommends a comprehensive rezoning of a substantial part of the City which consists of not less than fifty (50) lots of platted area or five (5) acres of unplatted area in order to conform to changing conditions, the City Council may make all or a part of that recommendation effective by amendment to this Ordinance. In such a case, the provisions of Sections 5-6-10(A) through (D) of the Prior Lake City Code and Sections 7.9A through D of the Zoning Ordinance shall not be applicable; but the procedure for such amendment shall be as follows: 1. Maps. A map shall be prepared and filed in the office of the Zoning Officer which shows all streets and lands in the area proposed to be rezoned in sufficient detail to permit each platted lot and each parcel of ground to be identified by the Zoning Ordinance classification assigned and all zoning regulations which will be applicable to them if the proposed amendment for rezoning is adopted. 2. Planning Commission Public Hearing. The Planning Commission shall hold one public hearing upon an amendment initiated by a petition of the owner or owners of the actual property of the zoning change, a recommendation of the Planning Commission or action of the City Council prior to making a recommendation for a comprehensive rezoning to the City Council. - 2 - 3. Notice. The Zoning Officer shall publish notice in at least three (3) weekly issues of the official newspaper on the proposed rezoning amendment. The public hearing shall be held not less than ten (10) or more than fifteen (15) days after the last publication. 4. City Council Hearing. The City Council shall meet and conduct a headng upon the proposed rezoning amendment. The headng may be adjourned from time to time by the City Council, but it shall not be continued more than ninety (g0) dg.y~ from the date of the original hearing. 5. Adoption. The City Council shall act upon the proposed rezoning not less than seven (7) days nor more than sixty (60) days after the hearing has been closed. A two-thirds (2/3) vote of all members of the Council shall be required to adopt any amendment to the Zoning Ordinance. The City Council may alter the amendment proposed, but if the alteration results in a modification of the Zoning Map filed at the time of the first publication of notice of the hearing, it shall not be made until ten (10) days after notice has been given by registered mail to the owner(s) of the property to be zoned that an amendment is being considered and may be adopted which is different from that shown on the Zoning Map filed in support of the requested zoning change. 6. Publication. If an Ordinance is adopted which provided for comprehensive rezoning even though less than the entire City is affected, the City Council shall require that new Zoning Maps be prepared showing the zoning district boundaries after adoption of the comprehensive amendment. Those maps shall be published as part of the publication of the Ordinance amendment. The Zoning Ordinance need not describe the tracts of land included in each zoning district in any way other that by reference to the Zoning Maps required by this Section. II. A new paragraph (E) and (F) is hereby added to Section 5-6-5 of the Prior Lake City Code and to Section 7.5 of the Prior Lake Zoning Ordinance and shall read as follows: (E) A certified copy of any conditional use permit shall be filed with the County Recorder of Scott County pursuant to Minnesota State Statute, Section 462.3595, Subd. 4. This shall be considered a restriction on how this property may be used. The conditional use permit shall include legal description of the property included. A copy of the recorded conditional use permit shall be delivered to the Zoning Officer as evidence of satisfying this requirement. (F) The property owner shall have the responsibility of filing the resolution with Scott County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the Planning Department. III. A new paragraph (D) and (E) is hereby added to Section 5-6-6 of the Pdor Lake City Code and to Section 7.6 of the Prior Lake Zoning Ordinance and shall read as follows: - 3 - (D) A certified copy of every variance to abstract or registered property granted under this Section shall be filed with the County Recorder of Scott County by the applicant within 60 days of grant of variance, except that the requirement to file a variance is satisfied if a certified copy of the resolution citing the existence of the variance is filed identifying the location where the variance documents are available for inspection. A copy of the recorded variance or resolution shall be delivered to the Zoning Officer as evidence of satisfying this requirement. (E) The property owner shall have the responsibility of filing this resolution with Scott County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the Planning Department. IV. Section 5-6-10(C) of the Pdor Lake City Code and Section 7.9C of the Pdor Lake Zoning Ordinance are hereby amended to read as follows: (c) Required exhibits include an abstractor's certificate of property owner's name and address within three hundred fifty feet (350') of the outer boundaries of the property in question, plus a certificate of survey for the property and a boundary survey or area survey including the property in question plus three hundred fifty feet (350') beyond showing lot boundaries, buildings, foliage topography and soil tests if pertinent. Vo Section 5-6-10(D)(2) of the Prior Lake City Code and Section 7.9D.2 of the Prior Lake Zoning Ordinance are hereby amended to read as follows: (D) 2. The Zoning Officer transmits the application to the Planning Commission. When an amendment involves changes in district boundaries affecting an area of five (5) acres or less, a notice shall be mailed at least ten (10) days before the day of the hearing to each owner of affected property and property situated wholly or partly within three hundred fifty feet (350') of the property to which the amendment relates. VI. Section 5-5-10 of the Prior Lake City Code and Section 6.10 of the Prior Lake Zoning Ordinance are hereby amended as follows: The title of Section 5-5-10 of the Prior Lake City Code and Section 6.10 of the Prior Lake Zoning Ordinance shall be changed to "LANDSCAPE REQUIREMENTS" and these sections shall include the current paragraphs (A) through (K) of Section 5-5-10 and Section 6.10. A new Section 5-5-11 is hereby added to the Prior Lake City Code and shall read as follows: 5-5-11: SCREENING: - 4 - (A) (B) (c) (D) (E) (F) (G) (H) Screening shall be required in residential zones where any offstreet parking area contains more than six (6) parking spaces and is within thirty feet (30') of an adjoining residential lot line. Where any business or industrial use (structure, parking or storage) is adjacent to property zoned or developed for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business or industry is across the street from a residential zone, but not on that side of a business or industry considered to be the front as determined by the Zoning Officer. The screening required herein shall consist of a solid fence or wall not less than five feet (5') nor more than six feet (6') in height but shall not extend within fifteen feet (15') of any street or driveway opening into a street. The screening shall be placed along the property lines or in case of screening along a street, fifteen feet (15') from the street right-of-way with landscaping (trees, shrubs, grass and other plantings) between the screening and the pavement. Planting of a type approved by the Zoning Officer may also be required in addition to or in lieu of fencing. Where planting is required a landscape plan shall be prepared including complete specifications for plant materials and other features. The Zoning Officer may issue a temporary Zoning Certificate for the principal building on a project before full completion of planting or fencing, if such items cannot be furnished at the same time as the building. Temporary Zoning Certificates shall be good for one (1) year and shall not be renewable. As soon as the screening is completed, the temporary certificate may be cancelled and a permanent Zoning Certificate issued. If any portion of the required planting and fencing is not complete within one (1) year, the Zoning Officer shall cause all use of the premises to be stopped. In all districts, a fence six feet (6') high or shorter may be erected on the rear lot line, the side lot lines and return to the nearest front corner of the principal building. In residential districts, a fence not exceeding forty-two inches (42") in height and having an opacity of not more than twenty-five percent (25%) may be erected on the front lot line and the side lot lines forward of a line drawn across the front line of the principal building. Fences shall not be permitted in any right-of-way. Fences shall be constructed in a professional, aesthetically pleasing manner, be of substantial material and reasonably suited for the intended purpose. Every fence shall be maintained on both sides in a condition of good repair and shall not remain in a condition of disrepair or danger, or constitute a nuisance, public or private. In all Zoning Districts, waste material, debris, refuse or garbage shall be kept in a container enclosed by a wall which is visually compatible with the principal building it serves. Roof-mounted mechanical equipment installed on buildings shall be screened from ground level observation at all points on adjacent streets or property. The screening must be visually compatible with the building it serves. In all situations where fences are utilized, either optional or required that side of the fence considered to be the face (facing as applied to fence posts) shall face abutting property. - 5 - On corner lots in residential districts, no structure or planting in excess of one foot (1 ') above street centerline grade, except fences that meet the requirements of Section 5-5-10(E) for front yard fences, shall be permitted within a triangular area defined as follows: Beginning at the intersection of the projected property lines of two (2) intersecting streets, thence forty feet (40') along one (1) property line, thence diagonally to a point forty feet (40') from the point of beginning on the other property line thence to the point of beginning. A new Section 6.11 is hereby added to the Prior Lake Zoning Ordinance which shall be entitled "SCREENING" and shall include the current Section 6.10 paragraphs L through T, which shall be relettered as paragraphs A through I. The subsequent section of Chapter 5, Title 5 of the Prior Lake City Code and Section 6 of the Zoning Ordinance shall be renumbered as follows: City Code Zoning Ordinance Section 5-5-12 Planned Unit Development 6.12 Section 5-5-13 Receive-Only Antenna 6.13 Section 5-5-14 Exterior Lighting 6.14 Section 5-5-15 Business Park Regulations 6.15 VII. Section 6-7-3 of the Prior Lake City Code is hereby deleted from Chapter 7 of Title 6. A new paragraph (F) is hereby added to Section 5-5-5 of the Prior Lake City Code and shall read as follows: (F) Driveways: The purpose of this section is to provide minimum setback and slope standards for driveway construction. The intent is to reduce interference with drainage and utility easements by providing setback standards; reduce erosion by requiring a hard sudace for all driveways; and provide positive drainage to the street via establishment of minimum driveway slope standards. The provision of this Section shall apply to all building permits for new construction of residential units. A certificate of survey indicating the setback, slope and proposed elevations shall be required to illustrate compliance with this Section. 1. Driveways shall be setback at least five (5) feet from the side yard property line. 2. Driveways should be located as indicated on the subdivision grading plan, however, an alternate location meeting the provisions of this Section will be permitted. 3. The vertical profile for a driveway shall not exceed ten percent (10%) maximum slope. 4. The garage slab shall be constructed at an elevation that will permit a driveway with a minimum slope of eighteen inches (18") above the top of the curb. - 6 - 5. In the Urban Service Area, driveways shall be surfaced with bituminous, concrete or other hard surface material, as approved by the City Engineer. In the Rural Service Ama, driveways shall be surfaced from the intersection of the road, for the first one hundred feet (100') of the driveway, with concrete or other hard surface material, as approved by the City Engineer. 6. For properties located within a Shoreland District, the certificate of survey shall indicate the total area of the driveway for purposes of calculating impervious surface coverage. 7. The minimum corner clearance from the street right-of-way line shall be at least thirty feet (30') to the edge of the driveway. 8. Under unique circumstances where unusual topography, existing conditions or physical disability of the property owner prohibit compliance with items 3 and/or 4, the City Engineer may approve a driveway with a slope exceeding ten percent (10%) and/or construction of said garage slab less than eighteen inches (18") above the top of the curb. Section 4.1 P of the Prior Lake Zoning Ordinance is hereby deleted from Section 4 and added as paragraph F to Section 6.5 of the Prior Lake Zoning Ordinance. Section 5-2-1 of the Prior Lake City Code and Section 2.1 of the Prior Lake Zoning Ordinance are hereby amended to delete "1-1" and add "B-P" in its place to identify the "Business Park" zoning district on the official Zoning Map. Section 5-2-2(A) and (J) of the Prior Lake City Code and Section 2.2 of the Prior Lake Zoning Ordinance are hereby amended to delete "1-1" and add "B-P" in its place to identify the "Business Park", zoning district. Section 5-3-3 of the Prior Lake City Code and Section 3 of the Prior Lake Zoning Ordinance are hereby amended to delete "1-1" and add "B-P" in its place, to identify the "Business Park", permitted and conditional uses. Section 4.2 of the Prior Lake Zoning Ordinance is hereby amended to delete "1-1" and add "BP" in its place, to identify lot and yard requirements of the "Business Park." 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 March, 1995. ATTEST: City Manager - ? - Published in the Prior Lake American on the ~Sth day of March, 1995. Drafted By: Lommen, Nelson, Cole & Stageberg, P.A. 1800 IDS Center Minneapolis, Minnesota 55402 - 8 -