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Home My WebLink About9B - C-3 Zoning Ordinance Amendments ZPRION N U 4646 Dakota Street SE Prior Lake,MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: December 22, 2014 AGENDA#: 9B PREPARED BY: Casey McCabe, Community Development Specialist PRESENTED BY: Dan Rogness, Community & Economic Development Director AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SUBSECTIONS 1101.1000, 1102.1200 AND 1102.1300 OF THE PRIOR LAKE ZONING ORDINANCE RELATED TO THE C-3, BUSINESS PARK USE DISTRICT DISCUSSION: Introduction The purpose of this agenda item is to consider approval of an ordinance amending Subsections 1101.1000, Land Use Descriptions; 1102.1200, "C-3" Business Park Use District; and 1102.1300 Commercial Restrictions and Performance Standards of the City of Prior Lake Zoning Ordinance. History As a result of public comments received during Business Retention and Expansion visits and the Business & Industry Forum related to restrictive zoning and development requirements in the City of Prior Lake, both the EDAC and EDA have attempted to identify opportunities to make the City of Prior Lake more "business friendly". The City previously completed a comprehensive review and proposed multiple amendments to the 1-1, General Industrial Use District standards, which have been approved by the City Council. The review of the C-3, Business Park Use District standards is the next step in the process to review and propose business friendly zoning ordinance amendments for all industrial and commercial use districts in Prior Lake. The Planning Commission held a public hearing on December 1, 2014 with no public comment; they recommended its approval to the City Council. Current Circumstances Under the direction of the EDAC, Community and Economic Development staff researched the building standards and business park zoning ordinance requirements from peer communities in the region; peer communities were chosen based on proximity or size. Attached to this report is a peer community comparison which identifies the approved use and zoning requirements from the six peer communities studied as well as the proposed redlined amendments to the zoning ordinance. The zoning and land use comparison indicates Prior Lake is more restrictive than peer communities in some areas and less restrictive in Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com others. Generally, it does not appear that Prior Lake is overly restrictive but areas were identified where the city can amend the zoning ordinance to simplify the development process and ensure Prior Lake's zoning requirements and development standards are similar to the surrounding communities. Staff has proposed multiple amendments to bring Prior Lake's zoning ordinance in line with its surrounding communities. City staff has worked with the City Attorney's Office on the amended zoning ordinance language and the City Attorney's Office has reviewed all proposed revisions. The proposed amendments would reduce the building setback requirements to allow for larger development parcels and more flexible site design options. In addition, the amendments to the use district regulations identify more Permitted Uses in the C-3 Use District and would transfer many uses from a Use Permitted With Conditional Use Permit to a Use Permitted With Conditions. Allowing more uses permitted with conditions, as opposed to a use permitted with conditional use permit, will simplify the development process by eliminating the need for conditional use permit approval process prior to development. By amending the use district regulations and identifying more uses as a permitted use, conditional use or permitted with conditions use, the City also eliminates the need to amend the Zoning Ordinance in the future if the City receives a development proposal for a specific use not currently listed in the C-3 Use District. Below is a summary of proposed amendments to the Section 1102.1200 and 1102.1300 of the Prior Lake zoning ordinance: Permitted Uses. The following uses have been added as a permitted use in the "C-3" Business Park Use District: ➢ Convention and Exhibition Center ➢ Data Center ➢ Medical/Dental Office ➢ Medical/Dental Laboratory ➢ Showroom ➢ Studio ➢ Business/Trade School ➢ Office/Warehouse Uses Permitted With Conditions. The following uses have been added as a use permitted with conditions in the "C-3" Business Park Use District: ➢ Outdoor Storage (moved from CUP) ➢ Retail Sales, Limited (moved from CUP) • Use changed from Retail Sales or Services to the Public ➢ Storage or Parking of Vehicles (moved from CUP) ➢ Private Entertainment, Indoor(moved from CUP) Uses Permitted With Conditional Use Permit. The following uses have been added as a use allowed by conditional use permit in the "C-3" Business Park Use District: ➢ Outdoor Storage, Class 11 ➢ Self-Service Storage Facility ➢ Gun Range, Indoor The following uses have been moved from CUP to PUC in the"C-3" Business Park District. ➢ Outdoor Storage (less than 50% of principal structure area) ➢ Retail Sales or Services to the Public (now Retail Sales, Limited) ➢ Storage or Parking of Vehicles ➢ Private Entertainment, Indoor ➢ Gymnastics Schools (now included in definition of Private Entertainment, Indoor) Required Setbacks. The following minimum setbacks have been revised: ➢ Structure side yard setback decreased from 20' to 15' ➢ Structure rear yard setback decreased from 30' to 20' ➢ Structure abutting an "R" use district side yard setback decreased from 75' to 50' ➢ Structure abutting an "R" use district rear yard setback decreased from 75' to 50' Prohibition of Pole Buildings. Pole Buildings are proposed to be prohibited in the C-3 district. The following definitions have been added Section 1101.1000 (Land Use Description) Section of the Prior Lake Zoning Ordinance: ➢ Data Center ➢ Outdoor Storage, Class II ➢ Pole Building The following definitions have been amended in Section 110 1.1000 of the Prior Lake Zoning Ordinance: ➢ Outdoor Storage ➢ Private Entertainment(Indoor) Conclusion The Economic & Community Development Strategic Element of the 2040 Vision and Strategic Plan identifies a goal to review the existing city code and zoning ordinance provisions to assess their impact on achieving economic development objectives. The EDAC, EDA and Planning Commission, following a public hearing, have reviewed and recommended approval of the proposed ordinance amendments. ZONING ORDINANCE AMENDMENT FINDINGS: Section 1108.600 of the Zoning Ordinance states: 1108.600 POLICY FOR AMENDMENTS. Recommendations of the Planning Commission and final determinations of the City Council shall be supported by findings addressing the relationship of the proposed amendment to the following policies: In the case of amendments to the formal text of this Ordinance: ➢ There is a public need for the amendment, or ➢ The amendment will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan or other adopted plans or policies of the City, or ➢ The adoption of the amendment is consistent with State and/or federal requirements. 1. There is a public need for the amendments. Property and business owners have expressed concerns that restrictive zoning and land use requirements create a slow and costly development process and the requirements are hampering their ability to grow and expand businesses or develop properties. Staff research identified areas where the City of Prior Lake does have somewhat restrictive requirements related to zoning, land use and development in its C-3, Business Park Use District compared to surrounding communities. The proposed Zoning Ordinance amendments relax some of the current development requirements, provide more flexible development options and more closely align Prior Lake's Zoning Ordinance to those of surrounding communities. 2. The amendment will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan, or other adopted plans or policies of the City. This amendment will aid in accomplishing one of the goals of the 2030 Vision and Strategic Plan, under the Economic and Community Development strategic element, which is to review the existing City Code and Zoning Ordinance provisions to assess their impact on achieving economic development objectives. Staff believes by listing specific conditions of approval, allowing a wider variety of uses within its business park use district, providing adequate separation distances from adjacent properties, and promoting the City's existing business park areas, the proposed amendments meet the following purposes of the Zoning Ordinance: ➢ Protect the residential, business, industrial and public areas of the community and maintain their stability. ➢ Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas. ➢ Provide for compatibility of different land uses by segregating, controlling and regulating unavoidable nuisance producing uses. 3. The adoption of this amendment is consistent with State and/or federal requirements. These amendments are consistent with federal and state requirements. Based upon the findings set forth in this report, staff recommends approval of the proposed zoning ordinance amendments. ISSUES: Amendments to the zoning ordinance shall not have a negative effect on the health, safety, and welfare of surrounding properties or community residents. FINANCIAL If approved, the ordinance amendments may allow for increased economic IMPACT: development activity which would facilitate a more diverse tax base and job creation. By providing more permitted and permitted with conditions uses, less staff time dedicated to the development approval process will be required. ALTERNATIVES: 1. Motion and a second approving an Ordinance amending Subsections 1101.1000, Land Use Descriptions; 1102.1200, "C-3" Business Park Use District; and 1102.1300 Commercial Restrictions and Performance Standards of the City of Prior Lake Zoning Ordinance, as proposed or with changes specified by the City Council. 2. Motion and a second approving a Resolution adopting the Summary of Ordinance and ordering the publication of said summary. 3. Motion and a second denying the proposed zoning ordinance amendments based on specific findings. 4. Motion and a second to table or continue discussion of the item for a specific purpose. RECOMMENDED Alternatives 1 and 2. MOTION: ATTACHMENTS: 1. Proposed Amendments to Section 1101.1000 2. Proposed Amendments to Section 1102.1200 and 1102.1300 3. Business Park Property— Use Comparison 4. Business Park Property— Proposed Amendments 5. Business Park Property—Zoning Comparison O� PRI() ti U 4646 Dakota Street SE r�Pzsorit- Prior Lake,MN 55372 RESOLUTION 14-xxx A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO 114- AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, In accordance with Minnesota Statute, the Planning Commission held a public hearing regarding amendments to Subsections 1101.1000, 1102.1200 and 1102.1300 of the Prior Lake Zoning Ordinance on December 1, 2014; and WHEREAS, The City Council has considered the advice and recommendation of the Planning Commission, city staff reports and others pertaining to the Zoning Ordinance amendments; and WHEREAS, On December 22, 2014, Ordinance No. 114-_ was adopted and order published at a regular meeting of the City Council of the City of Prior Lake; and WHEREAS, Minnesota Statutes requires publication of the Zoning Ordinance in the official newspaper before it becomes effective; and WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the City Council finds that the summary is an accurate representation of the Ordinance; and WHEREAS, The City Council desires to publish a summary of the amendments to Subsections 1101.1000, 1102.1200 and 1102.1300 of the Prior Lake Zoning Ordinance and has determined the publication of a summary of this ordinance will meet the intent of the statute. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. That the City Council approved the attached summary of the amendments to Subsections 1101.1000, 1102.1200 and 1102.1300 of the Prior Lake Zoning Ordinance adopted by Ordinance 114-_, and authorizes publication of the same. 3. A complete text of the newly adopted zoning ordinance can be found at City Hall or in the Document Center of the City of Prior lake Website after January 3, 2015. PASSED AND ADOPTED THIS 22nd DAY OF DECEMBER, 2014. VOTE Hedberg Keeney McGuire Morton Soukup Aye ❑ ❑ ❑ ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Frank Boyles, City Manager o<� PRlq� h U 4646 Dakota Street SE jNNES0,0P Prior Lake,MN 55372 SUMMARY OF ORDINANCE NO. 114- The following is only a summaryof Ordinance No. 114-XX. A complete text of the newly adopted zoning ordinance can be found at City Hall or in the Document Center on the City of Prior Lake Website after January 3, 2015. Amendments to Subsections 1101.1000, Land Use Descriptions; 1102.1200, "C-3" Business Park Use District; and 1102.1300 Commercial Restrictions and Performance Standards of the City of Prior Lake Zoning Ordinance have been approved by the City Council to assist in the creation of economic development activities through relaxed development requirements by providing more flexible development options, simplifying the development and approval process and more closely aligning Prior Lake's Zoning Ordinance to those of surrounding communities while protecting adjacent residential areas. The following is a summary of each amended Section of the Zoning Ordinance. SUBSECTION 1101.1000, LAND USE DESCRIPTIONS Additional definitions were inserted and definitions were amended. SUBSECTION 1102.1201, PERMITTED USES Additional Permitted Uses were inserted. SUBSECTION 1102.1202, USES PERMITTED WITH CONDITIONS Additional Uses Permitted With Conditions were inserted. SUBSECTION 1102.1203, USES PERMITTED WITH CONDITIONAL USE PERMIT Additional Uses Permitted With Conditional Use Permit were inserted and Uses Permitted With Conditional Use Permit were deleted. SUBSECTION 1102.1206, REQUIRED SETBACKS Minimum structure side and rear yard setbacks were reduced and minimum structure side and rear yard setbacks abutting an "R"use district were reduced. SUBSECTION 1102.1207, DESIGN STANDARDS IN THE "C-3" BUSINESS PARK USE DISTRICT Language was included which prohibits Pole Buildings in the"C4' Business Park Use District. SUBSECTION 1102.1300,COMMERCIAL RESTRICTIONS AND PERFORMANCE STANDARDS Language was included which prohibits Pole Buildings in all Commercial Use Districts. This Summary of Changes to the Zoning Ordinance is approved as a true and accurate representation of the amendments to Subsections 1101.1000, 1102.1200 and 1102.1300 of the Prior Lake Zoning Ordinance and Summary Publication is authorized. ATTEST: Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Published in the Prior Lake American on the 3rd day of January, 2015. O� PRip� A4 U 4646 Dakota Street SE Prior Lake,MN 55372 �riNN�so�� CITY OF PRIOR LAKE ORDINANCE NO. 114-xx AN ORDINANCE AMENDING SUBSECTIONS 1101.1000, LAND USE DESCRIPTIONS; 1102.1200, "C-3" BUSINESS PARK USE DISTRICT; AND 1102.1300 COMMERCIAL RESTRICTIONS AND PERFORMANCE STANDARDS OF THE PRIOR LAKE CITY CODE RELATED TO THE C-3, BUSINESS PARK USE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. 1. The City Council of the City of Prior Lake does hereby ordain that Subsection 1101.1000, Land Use Descriptions,of Section 1101,General Provisions,of the Prior Lake Zoning Ordinance is hereby amended by inserting the following definitions: ➢ Data Center ➢ Outdoor Storage, Class II ➢ Pole Building 2. The City Council of the City of Prior Lake does hereby ordain that Subsection 1101.1000, Land Use Descriptions,of Section 1101,General Provisions,of the Prior Lake Zoning Ordinance is hereby amended by amending the following definitions: ➢ Outdoor Storage ➢ Private Entertainment(Indoor) 3. The City Council of the City of Prior Lake does hereby ordain that Subsection 1102.1201, Permitted Uses, of Section 1102, Use District Regulations, of the Prior Lake Zoning Ordinance is hereby amended by inserting the following Permitted Uses: ➢ Convention and Exhibition Center ➢ Data Center ➢ Medical/Dental Office ➢ Medical/Dental Laboratory ➢ Showroom ➢ Studio ➢ Business/Trade School ➢ Office/Warehouse 4. The City Council of the City of Prior Lake does hereby ordain that Subsection 1102.1202, Uses Permitted With Conditions, of Section 1102, Use District Regulations,of the Prior Lake Zoning Ordinance is hereby amended by inserting the following Uses Permitted With Conditions: ➢ Outdoor Storage ➢ Retail Sales, Limited ➢ Storage or Parking of Vehicles ➢ Private Entertainment, Indoor Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com 5. The City Council of the City of Prior Lake does hereby ordain that Subsection 1102.1203, Uses Permitted With Conditional Use Permit, of Section 1102, Use District Regulations, of the Prior Lake Zoning Ordinance is hereby amended by deleting the following Uses Permitted With Conditional Use Permit: ➢ Outdoor Storage ➢ Retail Sales or Services to the Public ➢ Storage or Parking of Vehicles ➢ Private Entertainment, Indoor ➢ Gymnastics Schools 6. The City Council of the City of Prior Lake does hereby ordain that Subsection 1102.1203, Uses Permitted With Conditional Use Permit, of Section 1102, Use District Regulations, of the Prior Lake Zoning Ordinance is hereby amended by inserting the following Uses Permitted With Conditional Use Permit: ➢ Outdoor Storage, Class II ➢ Self-Service Storage Facility ➢ Gun Range, Indoor 7. The City Council of the City of Prior Lake does hereby ordain that Subsection 1102.1206, Required Setbacks, of Section 1102, Use District Regulations, of the Prior Lake Zoning Ordinance is hereby amended by amending the following minimum setbacks: ➢ Structure Side Yard Setback is reduced from 20 feet to 15 feet ➢ Structure Rear Yard Setback is reduced from 30 feet to 15 feet ➢ Structure abutting an "R" use district Side Yard Setback decreased from 75' to 50' ➢ Structure abutting an "R" use district Rear Yard Setback decreased from 75'to 50' 8. The City Council of the City of Prior Lake does hereby ordain that Subsection 1102.1207, Design Standards in the "C-3" Business Park Use District,of Section 1102, Use District Regulations, of the Prior Lake Zoning Ordinance is hereby amended by inserting: ➢ Prohibition of Pole Buildings. Pole Buildings are prohibited. 9. The City Council of the City of Prior Lake does hereby ordain that Subsection 1102.1300, Commercial Restrictions And Performance Standards, of Section 1102, Use District Regulations, of the Prior Lake Zoning Ordinance is hereby amended by inserting: ➢ Unless otherwise noted in this Ordinance, Poll Buildings shall be prohibited in all Commercial Use Districts. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 22nd day of December, 2014. ATTEST: Frank Boyles, City Manager Kenneth L. Hedberg, Mayor A Summary of this Ordinance was published in the Prior Lake American on the 3rd day of January, 2015. Zoning Ordinance SECTION 1101 GENERAL PROVISIONS SUBSECTIONS 1101.100: Purpose and Intent 1101.200: Overview 1101.300: Rules of Construction 1101.400: Definitions 1101.500: General Provisions 1101.600: Districts Established 1101.700: Zoning Map 1101.800: Boundaries 1101.900: Uses Not Listed 1101.1000: Land Use Descriptions 1101.1100: Motorcycles (Subsections 1101.100 -1101.900 and 1101.1100 were removed for purposes of this Zoning Ordinance review only) 1101.1000: LAND USE DESCRIPTIONS: The land use categories permitted by this Ordinance are described in this Subsection. Subsection 1109.102 empowers the Zoning Administrator to make interpretations identifying which land use category a proposed land use fits within. Adult Day Care. Non-medical care and supervision of adults on a regular basis for periods of less than 24 hours per day in a structure which is not the residence of the facility operator. Some characteristics of this use are similar to Family Day Care and Nursing Homes. This use is appropriate in Commercial Use Districts provided there is accessibility to outdoor areas for sitting and exercise. Persons served by an adult day care facility are most like nursing home residents or individuals with developmental disabilities or challenges. Agriculture. The production of crops, plants or vines, including forestry. The term also applies to the keeping, grazing or feeding of livestock existing on the effective date of the Ordinance. Agricultural Commodities Sales. The temporary display and sale of flowers, produce and Christmas trees and other greens which are associated with Christmas. Alternative School. A school which offers a curriculum which is equivalent to but is a substitute for the curriculum commonly found in more traditional public or private schools. (Amd. Ord. 109-11, publ. 7/11/09) Animal Handling. The sale, boarding, treatment and care of privately owned small animal pets; may include dogs, cats, fish, reptiles and other mammals but excluding City of Prior Lake .lune 1,2009 1101/pl Zoning Ordinance large animals such as horses, farm animals (including ostriches) or animals raised for slaughter. Characteristics may include special refuse, storage, noise, odor and other nuisance characteristics. Animal Kennel. Any property where 4 or more animals are owned, boarded, bred or offered for sale. Appliance, Small Engine and Bicycle Repair. Maintenance and repair of appliances, small engines, bicycles and similar items. Characteristics include some outdoor activity and noise. Auto Body/Painting. The painting, straightening, replacing and/or repairing the frame and body parts of motor vehicles, usually damaged as result of an accident or as a result of exposure to the elements; it includes the outdoor storage of damaged and dismantled vehicles, and may generate odor and noise; this use excludes junkyards and automobile wrecking yards. Automatic Car Wash. A structure,or portion thereof,designed to wash automobiles and light trucks with little or no human intervention. The automatic car wash utilizes automated equipment and wash cycles are relatively short. An automatic car wash is typically accessory to other automotive related land uses and may sporadically cause congestion on its site. Bank. A building for the deposit, management and lending of money,frequently with accessory drive-up facility. This use includes banks and savings and loans but not insurance companies or stock brokerage firms. Characteristics may include high peak hour traffic on certain days. Bar. A building where the primary use is the sale of alcoholic beverages for consumption on the premises. Minors are excluded from entry by law. Characteristics include late hours, high parking demand, noise, trash and litter and heavy off-peak traffic. Use is often found in conjunction with restaurants, hotels and night clubs. Bed and Breakfast Establishment. A private,owner-occupied residence with guest rooms where temporary lodging facilities and some meals are provided to paying lodgers within single family or two family dwellings. The lodging is subordinate and incidental to the main residential use of the building. Indoor recreational facilities for the use of the residents and paying lodgers may be included. Building Construction Structures. A structure used by a contractor or leasing agent as an office or for storage purposes for a construction project for which a building permit has been secured and is in effect; this use includes construction trailers. Building Improvement Trades. A building used for the storage of building supplies and construction equipment and/or office areas dedicated to the conducting of a business related to the construction, alteration, renovation, or structural change to a residential or commercial structure. Such uses may include construction, masonry, HVAC, plumbing or electrical. City of Prior Lake .lune 1,2009 1101/p2 Zoning Ordinance Building Material Sales. The sale or rental of building supplies, construction equipment, or home decorating fixtures and accessories. This term does not include a site with a principal building in excess of 40,000 square feet. Business/Trade Schools. A school serving adults and sometimes high school age persons which provides specialized education to develop a skill to prepare for a specific job. Equipment or processing which simulates an industrial or commercial work setting may be included. Business Services. A business primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing, building maintenance, employment services, management and consulting services, protective services, equipment rental and leasing, commercial research, development and testing, photo finishing and personal supply services. Car Wash. A structure, or portion thereof, containing facilities for washing motor vehicles by hand or by using production-line, automated or semi-automated methods for washing, whether or not employing a chain conveyor, blower, steam-cleaning or similar mechanical device. The use includes Automatic Car Washes. Carnivals, Festivals and Promotional Events. Tents and stands used for entertainment, display and sale of food and merchandise, and amusement rides permitted for a period not exceeding fourteen days. Club/Lodge. A building operated by an association of persons, primarily not for profit,where social,education, recreational or dining activities are provided. Services provided are not customarily carried on as a business and may include dining, consumption of alcoholic beverages, dancing, legal gambling, and meetings. Characteristics may include late hours, high parking demand, noise and heavy off- peak traffic. Cluster Housing. Dwelling units attached in a single structure, each having a separate private outdoor entrance. Dwelling units may be located on individual lots or on a lot in common. Characteristics may include a larger building mass and scale and larger concentrations of paved surfaces than single family detached dwellings. Commercial Recreation. Includes low-intensity uses that can function without municipal sewer or water, and usually require a large amount of open space. Such uses shall be seasonal or temporary in nature. Community Centers. A building, structure or area which is open to the public and designed to accommodate and serve significant segments of the community and which is used for educational, religious, fraternal, social and recreational programs. This use may include accessory food service and accessory retail shops. Contractors Yard. Any land used primarily for the storage of equipment, vehicles, machinery(new or used), building materials, paints, pipe or electrical components used by the owner or occupant of the property in the conduct of any building trade or craft. Convention and Exhibition Center. A building providing meeting rooms for the assembly of persons and the display of products and information. This use may City of Prior Lake .lune 1,2009 1101/p3 Zoning Ordinance include accessory food service or banquet kitchen facilities. Characteristics include heavy parking and loading area requirements and large scale buildings. Copy Shop. A building in which retail oriented graphic and photographic reproductive services are conducted. These services may include the collating and binding of booklets and reports. This does not include industrial operations where printing is of a commercial nature. Country Club. A golf course and associated clubhouse which may contain in addition to locker and shower rooms, dining and bar facilities, meeting rooms and other spaces for large social functions. Typically open only to members and characteristics may include significant trip generation on evenings and weekends. Data Center. A facility used primarily for the storage, management, processing and transmission of digital data, which houses computer and/or network equipment, systems, servers, appliances, and other associated components related to digital data operations. Such facility may also include air handlers, power generators,water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a data center. Dry Cleaning, Laundering with Route Pick-up and Delivery. A building where clothing,diapers or other fabrics are cleaned by dry cleaning or laundering processes on site. Materials to be cleaned may be brought to the site either by delivery trucks operated as part of the business or by customers who drop off and pick up their own materials to be cleaned. The use may include the storage of delivery vehicles on the site. Elderly Housing. A building intended and operated for occupancy by at least one person 55 years of age or older per unit, provided that(a) at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and (b) there is publication of, and adherence to, policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. Education/Academic. Public - Neighborhood or district based education services normally provided to children and teenagers;the use may include evening or off-hour service to adults in the community. This use generally includes an accessory food service and some retail facilities to serve students and faculty. Private-Community or regional based education service normally provided to children and teenagers; facilities similar to public education facilities above except privately owned and/or operated. Family Day Care. A building that provides care, protection and supervision of children in a private residence for periods of less than 24 hours per day for a fee. The size of the outdoor play area, the maximum number of children who may be served, and the number and qualifications of required outside teachers or helpers are set forth in Minnesota State Statutes which may be amended from time to time. This use may be licensed by other agencies. It generates about 4 vehicle trips per child per day. Food Service. The sale of food and beverages which are prepared and served in individual portions in a ready to consume state for consumption off-site; includes City of Prior Lake .lune 1,2009 1101/p4 Zoning Ordinance seating for not more than 10 persons. Characteristics may include truck and vehicle traffic, cooking odors and refuse. The preferred location is on major thoroughfares with no access to local residential streets.This use is often found in conjunction with motor fuel stations and grocery stores. Freight Terminal. Short-term storage and transshipment of materials and the outdoor storage of trucks and related equipment. Characteristics include high volumes of large truck traffic. Funeral Home. A building where funeral services are held and where embalming and other processes occur in preparation of the deceased for burial; the use may include the storage of caskets, funeral urns and other related funeral supplies, and usually provides vehicles to transport the deceased to the place of burial. This use does not include a crematorium. Characteristics include intermittent periods of high traffic generation. Golf Course. Land used for playing golf outdoors which consists of golf holes, clubhouse facilities which may contain lockers, shower rooms and incidental sale of golf related items, off-street parking facilities and associated structures for the maintenance and storage of golf course maintenance vehicles and equipment. Group Day Care/Nursery School. A non-residential building where child care, protection and supervision services are provided for a fee on a regular basis for periods of less than 24 hours per day. This use requires a large, sensitively located outdoor play area and it generates about four vehicle trips per child per day. Group Home-Non-Statutory. Occupancy of a residential structure by persons in need of specialized protection and resident staff who usually live together as a housekeeping unit for a limited period of time. This use may include outpatient group counseling, some supervision, forced detention, treatment for mental illness and chemical addiction, protective shelter, half-way house, and release programs. The use may be licensed by the State but licensing is not mandated. Gun Range, Indoor. A totally enclosed building that is equipped for the practice of shooting firearms, including archery, where no activity associated with shooting is conducted outside the building. Heavy Equipment& Specialized Vehicle Sale, Rental& Service. Buildings and premises for the sale, rental and servicing of equipment and vehicles of the following types: 1. Farm and Construction machinery or equipment; 2. Buses and vans designed primarily for the transportation of ten (10) or more passengers; 3. Motor homes, recreational vehicles, trailers and boats of any size. Heliport. Property used for the landing, taking off, basing, service, and repair of helicopters used for transportation purposes. Characteristics include noise and the outdoor storage of helicopters. Helistop. Property used for the landing and taking off of helicopters used for transportation purposes but with no facilities for the service of helicopters. Characteristics include intermittent periods of noise. City of Prior Lake .lune 1,2009 1101/p5 Zoning Ordinance Home Occupations. An occupation, profession, or activity requiring a permit from the City which provides gainful employment of a resident in a dwelling unit, which is clearly an incidental and subordinate use to the residential use, and which does not alter the exterior of the property or affect the residential character of the neighborhood. Uses that do not qualify as home occupations include, but are not limited to: auto body painting, motor vehicle sales, motor vehicle service and repair, retail sales, massage,medical/dental office,animal handling,beauty and barbershop, warehouse/storage and manufacturing/processing. Hospital. A building which provides health services primarily for human inpatient medical or surgical care; including related facilities, such as laboratories, outpatient departments, training facilities, central service facilities and staff offices. Characteristics include large institutionally designed buildings, large volumes of traffic, large parking lots or ramps, 24-hour activity, service vehicles, large quantities of waste, and emergency vehicles. HotellMotel. Buildings which provide overnight lodging in individual rooms or suites of rooms, each having a private bathroom, which are rented by day or week; may include in-room or in-suite kitchens and recreational facilities for use by lodgers. Restaurants, banquet rooms, arcades, fitness centers and other amenities available to non-lodgers are considered separate primary uses. In Vehicle Sales or Service. Sales or service to persons in vehicles; it may include drive-in,drive-up and drive-through facilities; but does not include motor fuel stations. Characteristics include high traffic volumes during the typical peak hour traffic period. Junkyard or Salvage Yard. A place of business that is maintained or operated for the purpose of storing, keeping, buying, or selling junk. Library. A building where collections of books and other materials are housed which is open to the public during regularly scheduled hours which may include weekend days and evenings. Books and other materials may be available for loan. Characteristics may include high parking demand and high traffic generation. Manufacturing/Processing. A building for the production of a physical commodity or changing the form of a raw ingredient; it may include administrative offices, warehousing, and limited distribution and outlet sale of a commodity. Characteristics may include heavy truck traffic, odor and noise of processes and equipment, refuse storage issues, and the use of toxic and hazardous materials. Concrete plants, junkyards, slaughter houses, rendering plants, salvage yards, and auto reduction plants are excluded. Marina. A business adjacent to a navigable lake providing moorings, docks and/or slips for boats. It may also offer supplies and services accessory to the principal use. Medical/Dental Laboratories. Buildings in which individually produced and made to order medical and dental prosthetics are created for the specific needs of specific individuals. Characteristics may include daily deliveries to and from the facilities by car, van or light truck; minimal heavy truck traffic; no use of outside storage and occasional visitation of facilities by customers needing specialized attention as to the make-up and fit of their specific prosthetic. City of Prior Lake .lune 1,2009 1101/p6 Zoning Ordinance Medical/Dental Office. A building which provides direct delivery of health related examination and services or treatment to individuals on an appointment or walk-in basis; including, but not limited to:counseling, consultation,chiropractic and podiatry. The use may include a supporting retail component for medicine, health related food, or other product. Motor Fuel Stations. A retail building and accompanying facilities which supplies and dispenses motor fuels directly into a motor vehicle; it also includes the sale of motor vehicle accessories, such as lubricants, batteries and tires and may also include the sale of food, beverages, etc. Motor fuels may be self-serve or dispensed by an attendant. Light maintenance activities to vehicles including engine tune-ups, lubrication, repairs, and carburetor cleaning may also be conducted. Characteristics include outdoor activity, high traffic generation and extended hours of operation. This use excludes heavy automobile repair including, but not limited to, engine overhauls, automobile painting, and body work. Motor Vehicle Sales. Display, sale and rental of automobiles,trucks,watercraft and recreational vehicles; motor vehicle service and repair often occur in conjunction with this use. Characteristics may include outdoor activity, outdoor sound systems, truck deliveries, night and weekend operating hours, and test driving on nearby streets. Motor Vehicle Service and Repair. Repair, lubrication, washing, detailing, equipment installation, engine overhauls, and other similar uses involving automobiles, trucks and recreational vehicles. Characteristics may include the storage of vehicles, truck traffic, and night and weekend operating hours; motor fuel stations and auto body/painting are excluded. Multiple-Family Dwelling. More than two dwelling units contained within a single structure, where each has an entrance off a hallway or balcony in common with at least one other dwelling unit. Buildings tend to be large in scale and institutional in appearance. Other characteristics may include high density, large parking lots and high traffic generation on roads in the area occupied by this use. Museums/Art Galleries. A building which houses collectibles, collections of artifacts, paintings or sculptures, which is open to the public during regularly scheduled hours which may include weekend days and evenings. Nurseries & Greenhouses. A business primarily engaged in providing services related to or conducting the retail sale of horticulture and floriculture products. These businesses typically produce their own stock. Nursing Home. A health care business licensed by the State that provides lodging and 24-hour care for medically or physically impaired persons usually on a long term basis. Nursing home residents generally do not have private apartments or kitchens. This use includes food service and may include supporting medical and retail services for the residents. Office. A building in which the handling of information or the performing of administrative services is conducted; includes services provided to persons both on- site and off-site on a walk-in or appointment basis such as counseling or indirect or non-personal service such as real estate, travel agencies, financial agencies, City of Prior Lake .lune 1,2009 1101/p7 Zoning Ordinance insurance offices and professional offices. Excludes hospitals or other medical facilities; except it may include up to a maximum of 10% of the gross floor area in medical or dental offices. Characteristics include high peak period traffic generation between the hours of 8:00 a.m. to 5:00 p.m. Office/Warehouse. A building in which the handling of information or the performing of administrative services is conducted in conjunction with receiving, holding, shipping and occasional packaging of commodities. Characteristics include high peak period traffic generation between the hours of 8:00 a.m.to 5:00 p.m., high truck traffic generation and parking demand. On-Site Equipment Storage. Any structure or outdoor storage area designed for the on-site storage of construction equipment and materials for an active construction project. Outdoor Sales. The display and sale or rental of merchandise or equipment outside of an enclosed building; may include boat sales, canoe sales, nursery sales, lumber sales; but it excludes the sale of motor vehicles. Outdoor Sales - Temporary. The display and sale of merchandise, other than agricultural commodities, outside of an enclosed building where it is offered in conjunction with an established use that legally sells the same or similar merchandise within a building on the same site. Characteristics include the use of tents, trailers, or other temporary structures. Outdoor Storage. The receiving,keeping or shipping of goods and materials outside of an enclosed building where such use occupies an area no larger than 50% of the floor area of the principal structure. Oeutdoor activity includes only the unloading, loading, and keeping of materials; may include storage yards for contractors, equipment, lumber, landscaping materials, construction materials and shipping materials and containers. Storage of unlicensed or inoperable vehicles or other materials typically associated with a junkyard or salvage yard are excluded. Outdoor Storage, Class U. The receiving, keeping or shipping of goods and materials outside of an enclosed building where such use occupies an area larger than 50% of the floor area of the principal structure. Outdoor activity includes only the unloading, loading, and keeping of materials; may include storage yards for contractors, equipment, lumber, landscaping materials, construction materials and shipping materials and containers. Storage of unlicensed or inoperable vehicles or other materials typically associated with a junkyard or salvage yard are excluded. Parcel Delivery Service/Post Office. A building used for the transshipment of letters and packages generally less than 100 pounds in weight. Customers may purchase stamps, money orders, insurance, and other mail services. Hours of operation are similar to those of offices, but may include Saturdays. Characteristics include high volumes of truck and automobile traffic and vehicles stored on premises overnight. Parking Lots. Surfaced and improved ground surface areas used for the parking of licensed and operable motor vehicles for periods of less than 24 hours at a time. City of Prior Lake ,lune 1,2009 1101/p8 Zoning Ordinance Parking Ramp. A structure built for the storage of licensed, operable motor vehicles for periods of less than 24 hours at a time. Characteristics may include noise,exhaust fume odor, heavy traffic and large structure mass and footprint. Parks/Open Space. A structure or area used for passive recreation including, but not limited to: hiking trails, natural areas, wild life areas, arboretums, open grass areas and tot lots. Park/Recreation. A structure or area used for active outdoor recreation activities such as baseball diamonds,tennis courts, basketball courts, play fields, playgrounds, outdoor swimming pools, fitness courses and driving ranges. Personal Use Airport. A restricted airport intended for the personal use of the owner of the airport and meeting the criteria of Minnesota Rules 8800.2200. Pole Building. A post frame construction building in which poles or timbers are inserted into the ground vertically, commonly at 6 to 10 foot intervals with lateral supports, to form the primary support for the roof system and structure foundation. Police/Fire Stations✓Ambu/ance. Police, fire and ambulance related activities, either public or accredited with local health care facilities,designed to serve the public health and safety; may include an office component,storage of fire trucks, police cars and equipment, and the boarding of personnel within an enclosed building. Characteristics may include sporadic periods of loud noise, sirens, and activity. Pollution Abatement Equipment. Equipment and structures that are erected or installed on property for the purpose of eliminating or abating ground or water pollution. Printing Process. A commercial or industrial printing operation involving a process that is considered printing, imprinting,and reproducing images. Methods may include but are not limited to off-set printing, lithography, web offset, and flexography. Private Entertainment (Indoor). Any building or establishment operated on a commercial basis for the purpose of public recreation, entertainment or training, the use may including but is not limited to, theatres, health or fitness centers, game rooms, bowling alleys, swimming pools, miniature golf courses, pool halls, ballroom, bingo,gymnasium, ice or roller skating, baseball, basketball,gymnastics,dance,golf, soccer, football, tennis, or similar athletic and recreation activities conducted entirely within an enclosed building. eRdesed buildiRg; use may iRG!ude but is net limited to theateF6, health OF fitness Characteristics may include late operating hours, outdoor lighting, noise, and traffic. Public Service Structure. Buildings which include water towers, utility and public service related distribution facilities; and waste water and storm drainage structures, but exclude utility substations. These facilities are normally serviced by small trucks several times per day and by larger vehicles or equipment on a periodic basis. Buildings typically have large windowless walls and an institutional appearance. Recycling Center. An enclosed building for the collection, sorting, temporary storage, processing and shipment of recyclable materials for reuse in their original City of Prior Lake ,lune 1,2009 1101/p9 Zoning Ordinance form or use in manufacturing processes. Recycling facilities may include the following: Designated Recycling Center. An enclosed building which has complied with the permitting rules of the Pollution Control Agency and is open a minimum of 12 operating hours each week, 12 months each year, and accepts for recycling at least four different materials such as paper, glass, plastic and metal. Light Processing Recycling Center. A building or enclosed space occupying an area less than 45,000 square feet and used for the collection and processing of recyclable materials. Processing does not include end-use manufacturing or industrial use but may include the preparation of material for efficient shipment or end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, and shredding. Religious Institutions. A building where people gather to relate or manifest faithful devotion to an acknowledged ultimate reality or deity. This use is characterized by meeting rooms, education and training, indoor activities, intermittent parking needs, group singing or chanting and music. The assembly typically meets on weekends or evenings. The building may be utilized at other times for meetings and other activities. Accessory uses which frequently accompany the principal use include day care and park and ride. Research and Testing Laboratories. Buildings used for carrying on investigation in natural or physical sciences, or engineering and development as an extension of investigation with the objective of creating end projects, on a contractual or fee basis. Restaurants. An establishment whose principal business is the sale of food and beverages which are prepared and served in individual portions in a ready to consume state for consumption on site. This use is often found in conjunction with bars, hotels and food service. It is preferably located on major thoroughfares with no access to residential streets. Characteristics include late hours of operation, refuse, high car and truck traffic generation, and cooking odors. A food service or deli is not considered to be a restaurant if seating is provided for ten or fewer persons. Retail. A use where merchandise or equipment is displayed, rented, or sold and where delivery of merchandise or equipment to the ultimate consumer is made; includes limited production, repair or processing as an accessory use. Hours of operation generally begin after a.m. peak traffic period and extend to time ranges from 5:00 p.m. to 10:00 p.m.; although some convenience stores and grocery stores are open 24 hours per day. Characteristics include high parking demand and high off-peak traffic generation; prefers high visibility and access to major thoroughfares. This use includes but is not limited to camera shops, clothing stores, department stores, grocery stores, video stores, discount stores, jewelry stores, liquor stores, delicatessens, retail bakeries, toy stores; but excludes restaurants, bars, motor vehicle sales, and motor fuel stations. Retail Sales, Limited. The retail sales of goods, wares, or merchandise manufactured, produced,or assembled on site and the retail sales of related products or goods which are clearly incidental and subordinate to the goods, wares, or merchandise manufactured or assembled on site. City of Prior Lake .lune 1,2009 1101/plo Zoning Ordinance Rooming House. A building where lodging is provided for between 3 and 8 persons and is the primary residence of the owner. Lodging is available on an extended basis rather than daily or weekly. No provision for cooking is provided in any of the rooms by lodgers. Self-Service Storage Facility. A business consisting of a structure or group of structures containing separate storage spaces leased for the storage of goods, products, materials or other objects. Service. On-site service provided directly to an individual; includes, but not limited to: barber shops, beauty shops, massage parlors, laundromats, shoe repair shops, and dry cleaners where articles to be cleaned are picked up and delivered by the patron. Shopping Center. A group of commercial uses planned, developed and/or managed as a unit which has common parking facilities and contains a minimum of 50,000 square feet of total floor area. Shopping centers may include more than one building and more than one contiguous property. Theaters and restaurants with liquor which locate within shopping centers will be considered separate principal uses for establishing parking requirements. Showroom. The display of merchandise and equipment and its sale to a customer where delivery of purchased merchandise is made directly to the consumer from a warehouse. Merchandise or equipment which is sold may include, but is not limited to:furniture, appliances, plumbing fixtures, lighting and carpeting. Single-Family Dwelling, Attached. A residential structure designed to house a single-family unit from lowest level to roof, with a private outside entrance, but sharing a common wall with adjoining dwelling units. Single-Family Dwelling, Detached. A fully detached residential structure designed to house a single-family unit from lowest level to roof, sharing no common walls with adjoining dwelling units. Stable, Commercial. A structure or land use area used to keep horses for sale or hire to the public. Breeding, boarding, or training of horses may also be conducted. The use may also include commercial riding arenas open to the general public. Stable,Private. An accessory structure or land use that is designed,arranged, used, or intended to be used for the keeping of horses for the private use of the occupants of the principal dwelling and their guests, but in no event for hire. State Licensed Residential Facility. A State licensed residential facility occupied by persons in need of specialized treatment or protection and resident staff who live together as a single housekeeping unit, usually for a limited period of time. The use includes outpatient group counseling, some supervision and treatment programs. The maximum number of clients served is specified by Minnesota State Statute. Persons served may include the developmentally disabled or challenged and severely physically handicapped. Studio. A building where the practice or study of the visual and audio arts occurs; may include painting, sculpting, photography, recording, radio and television studios. City of Prior Lake ,lune 1,2009 1101/pll Zoning Ordinance This use also includes dance studios and studios for the martial arts. This use does not include large industrial photography or printing processes. Temporary Structures. A building other than a "building construction structure" existing for a period not exceeding six months. Transportation Facility. Any lot or land area used for the storage or layover of passenger buses, motor coaches, rental vehicles, taxis, van pools, rental moving vehicles, or similar(typically includes parking,storage of vehicles, and may include some maintenance). Parking of cars/vans/pickups that are accessory to a primary use would be exempt from the above definition. Two-Family Dwelling. Two dwelling units attached in a single structure,each having a separate outside entrance. Dwelling units may be located on individual lots or on a lot in common. Utility Substations. A structure of electrical components to transform high voltage electricity into lesser voltages to make suitable for distribution to end users. The use consists of a large structure and numerous power lines which are difficult to screen. This use has minimal outdoor activity and traffic generation. Warehouse/Storage/Distribution. A building for receiving, holding, shipping and occasional packaging of commodities. With the exception of loading and unloading of commodities, and parking and storage of trailers, all functions are generally within an enclosed building. Characteristics may include high truck traffic and low parking demand. This use may include, but is not limited to,conventional warehouse facilities and joint warehouse and storage facilities. Waste Hauler. The collection and transporting, delivering and disposing of solid waste and recyclable materials generated from commercial and residential premises. For the purpose of this definition,this use does not include the collecting and transporting, delivering and disposing of Hazardous Waste, as defined in Minnesota Statute 609.671, as may be amended from time to time. Wholesale. The selling of merchandise to retailers, or to industrial, commercial or professional business customers, or to other wholesalers or on a mail order basis to individuals or firms, or which serve as agents or brokers buying merchandise for, or selling merchandise to, individuals and companies. Wind Generators. A turbine having a large vaned wheel rotated by the wind to generate activity and extract usable energy from winds. (Ord. Amd. 112-06, publ. 12/22/12) (THIS SPACE INTENTIONALLY BLANK FOR FUTURE AMENDMENTS) City of Prior Lake June 1,2009 1101/p12 Zoning Ordinance SECTION 1102 USE DISTRICT REGULATIONS SUBSECTIONS 1102.100: Residential District Regulations 1102.200: "A"Agricultural Use District 1102.300: "R-S" Rural Subdivision Residential Use District 1102.400: "R-1" Low Density Residential Use District 1102.500: "R-2" Medium Density Residential Use District 1102.600: "R-3" High Density Residential Use District 1102.700: Residential Performance Standards 1102.800: "TC" Town Center Use District 1102.900: "TC-T" Transitional Town Center Use District 1102.1000 "C-1" Neighborhood Commercial Use District 1102.1100: "C-2" General Business Use District 1102.1200 "C-3" Business Park Use District 1102.1300: Commercial Restrictions and Performance Standards 1102.1400 1-1" General Industrial Use District 1102.1500: Industrial Performance Standards (Subsections 1102.100 -1102.1100 and 1102.1400 -1102.1500 were removed for purposes of this Zoning Ordinance review only) 1102.1200: "C-3" Business Park Use District. It is the intent of this Section to promote high standards of design and construction for business park uses in the City. These standards are set forth in order to enhance the visual appearance of each "C-3" Business Park Use District within the City, to preserve the taxable value of property and to promote the public health, safety and welfare. 1102.1201 Permitted Uses. The following uses are permitted in the"C-3" Business Park Use District: ➢Offices ➢ Manufacturing/Processing ➢Warehouse/Storage/Distribution ➢ Business Services ➢ Printing Process ➢ Research and Testing Laboratories ➢ Hotels/Motels Convention and Exhibition Center ➢ Data Center ➢ Medical/Dental Office Medical/Dental Laboratory ➢Showroom ➢Studio ➢ Business/Trade School ➢OfficeNVarehouse City of Prior Lake June 1,2009 1102/pl Zoning Ordinance 1102.1202 Uses Permitted With Conditions. A structure or land in the"C-3" Business Park Use District may be used for the following uses if it complies with the conditions stated in Subsection 1102.1300, with the Design Standards in Subsection 1102.1207, and with the conditions specified in the subsection. (1) Wholesale Use. Conditions: a. The use shall occur entirely within an enclosed building. b. The use does not involve live animals. (2) Police and Fire Stations. Conditions: a. Buildings shall be located a minimum of 25 feet from a lot in an "R" Use District. b. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. C. Unobstructed visibility shall be provided from the driveway to the adjacent streets for emergency vehicles and a traffic light may be installed at the entrance to the facility to control non-emergency traffic if recommended by the City Engineer. (3) Public Service Structures. Conditions: a. All exterior faces of all buildings shall meet the Design Standards in subsection 1102.1207. b. All structures shall be located a minimum of 25 feet from any property located in an "R" Use District. C. All service drives shall be paved. d. A bufferyard as determined by Subsection 1107.2003 shall be installed and maintained along all property lines abutting an "R" Use District. (4) Outdoor Storage. Conditions: a. Such use occupies an area no larger than 50% of the floor area of the principal structure. b. Outdoor storage areas shall be screened from view of all adjacent property and public streets. Outdoor storage areas shall be screened by a 100% solid fence or wall of at least 6 feet in height. Privacy slats, wind screening or other fence inserts, commonly used with chain link fencing, shall not be used to achieve this screening requirement. City of Prior Lake .lune 1,2009 1102/p2 Zoning Ordinance C. All outdoor storage areas adjacent to an "R" Use District shall meet the required structure setback as defined in Subsection 1102.1206; in all other instances outdoor storage shall meet the required parkinq setback. d. A buffervard, as determined by Subsection 1107.2003, shall be provided along all property located within an "R" Use District. (5) Retail Sales, Limited. Conditions: a. Such use occupies no more than 2,000 sq. ft. of floor area in the principal structure or no more than 20% of the floor area in the principal structure, whichever is less. (6) Storage or Parking of Vehicles. Conditions: a. Vehicles larger than 1 ton capacity may be stored, provided that such vehicles are used in connection with a business located in the principal structure on- site and are screened from view of adjacent residential property and public streets in accordance with the City's landscaping and screening Ordinance as designated in Subsection 1107.1900. (7) Private Entertainment(Indoor). a. The structure in which the use is conducted shall be located a minimum of 60 feet from anv"R" Use District. b. A buffervard, as determined by Subsection 1107.2003, shall be provided along all property located within an "R" Use District. C. The use shall provide a designated drop-off/pick-up area that is physically separated from truck loading/unloading areas. d. The number of necessary parking spaces will be based on the individual uses as designated in Subsection 1107.300 of the Zoning Code. 1102.1203 Uses Permitted With Conditional Use Permit. No structure or land in a "C-3" Business Park Use District shall be used for the following uses except by Conditional Use Permit. These uses shall comply with the Design Standards in Subsection 1102.1207, the requirements of all the general conditions provided in Subsection 1108.202 through 1108.204, with the specific conditions imposed in this Subsection, and with any other conditions the Planning Commission may impose that are intended to promote the health, safety, and welfare of the residents within the City to maintain the characteristics of a neighborhood. (1) Storage OF PaFking of Vehicles. GOnditisRS; Are 1163oca in nennee+#ien with a b Ucineoo Inn-Ater- in the nrinnipal c#nint ire nn 6'tFeets in aGGG-rMunno with the Gity's la Rd GGJninn and cnreeniRg QFdiRaRGe- (12) Outdoor Storage, Class II. Conditions: City of Prior Lake .lune 1,2009 1102/p3 Zoning Ordinance a. Outdoor storage areas shall be screened from view of all adjacent property and public streets. Outdoor storage areas shall be screened by a 100% solid fence or wall of at least 6 feet in height. Privacy slats, wind screening or other fence inserts, commonly used with chain link fencing, shall not be used to achieve this screening requirement. b. All outdoor storage areas adjacent to an "R" Use District shall meet the required structure setback as defined in Subsection 1102.1206; in all other instances outdoor storage shall meet the required parking setback. C. A buffervard, as determined by Subsection 1107.2003, shall be provided along all property located within an "R" Use District. a S Gh use onn6 inieo an area no larger than 50-0A of the fie-or area A-f the PFiRGipal cstrur-,Wire and- pFevided it is sGreeRed #GM view () 4407.1 990 a. b. All outdoor storage areas aAaGent-tie an "R" Use DictFiGt_saall meet the regi carer! building setha Gk as defined in S bseetion 1102.1405; in all (23) Animal Handlingand VeteFinaFy Clinles. Conditions: a. All animals shall be boarded within the principal structure. (34) Heliport. Conditions: a. All heliports and helicopter flyways shall conform to all applicable Federal Statues and Federal Aviation Administration regulations. b. All helicopter pads shall be located at least 300 feet from any lot in an"R"Use District. C. Hours of Operation shall be limited to 7:00 a.m. to 9:00 p.m., excluding emergency operations. d. All repair, assembly, disassembly and maintenance shall be inside a closed building. e. The landing pad shall be dust free. f. The Use shall be permitted only as an accessory use to another principal use and shall not occupy more than 25%of the total site area of the development. (46) Gun Range, Indoor a. Indoor Gun Ranges must be designed so projectiles cannot penetrate the walls, floor or ceiling and ricochets or back splatter cannot harm range users. City of Prior Lake .lune 1,2009 1102/p4 Zoning Ordinance b. No light, sound or vibration originatinq from the structure shall be discernible at any abutting property line. -Gymnastic Schools. Conditions: a. The us 9 more than 10,000 6quaFe feet of floor aFea OR the PFORGipal b. ORe paFking stall peF 300 6quaFe feet of floor area OF 1 stall per 2 studeRtS shall be p Feyidedf .a ihinheV8F is gFeateF G. The use shall provide a desigRate dFGp eff4piGk Lip area for students that 06 physiGally L57) Auto Body/Painting. a. No sales, storage or display of used automobiles shall be permitted. b. No inoperable vehicles shall be stored outside the primary structure. C. All auto body repair and painting must be conducted within the primary structure. d. All design guidelines must be maintained as determined by Subsection 1107.1407. e. No outdoor storage will be permitted. f. All necessary governmental permits (i.e., VOC/air emissions, hazardous substance disposal) must be obtained and adhered to. `69) Motor Vehicle Service and Repair. a. No sound generated on the site by any means including a public address system shall be audible from any"R" Use District. b. All repair, assembly, disassembly and maintenance of vehicles must be conducted within the primary structure. C. No test driving shall be permitted on any streets in the"R" Use District. d. No automatic car washes shall be permitted for public use. e. No outdoor storage will be permitted. f. No sales storage or display of used automobiles shall be permitted. g. No inoperable vehicles shall be stored outside the primary structure. h. All necessary governmental permits (i.e., VOC/air emissions, hazardous substance disposal) must be obtained and adhered to. (9) Private EnteFtainment-(leer). City of Prior Lake .lune 1,2009 1102/p5 Zoning Ordinance feet frem aRy"R 1" "R 2" er"p_4" Use Distrir.+ b D bu#enrer`+ a6 determined by S been+ien 1107 2003 shall he pmvided aleRg all p erh, leGated wi+hiR n "R" Use DwstFi.++ d. The A---.M.-ht-QP Of ReGe66aFy parkiRg 6pan-e-s I.Mill be based-P—p the individual user, as designated in S ib6en+inn 1107.309 of+he 7ening f ede (7) Self-Service Storage Facility. Conditions: a. No compartment doors shall be allowed on building facade which faces an "R" Use District unless a berm is placed to screen the compartment doors. b. No areas on site shall be utilized as residential living units. C. A minimum 6 foot fence, wall, or berm shall surround the storage facility area. Screening shall be 100% opacity in the form of a fence, wall, or berm along any"R" Use District. No fencing shall be constructed of chain link or barbed wire on the property. Privacy slats, wind screening or other fence inserts, commonly used with chain link fencing, shall not be used to achieve this screening requirement. d. Trash, dock areas, a mechanical equipment shall be screened in accordance with Section 1107.1900 e. No outdoor storage is permitted on site, including but not limited to vehicles, recreational vehicles, portable storage units, and construction materials. f. No storage of hazardous, explosive, or flammable materials in violation of the MN State Fire Code. g. No servicing of motor vehicles, boats, lawn mowers, or similar equipment is permitted on site. h. No activity which uses amplified music, nor wholesale or retail sales, or garage sales are permitted. i. Exterior materials shall be in accordance with Section 1107.2200 with the following exceptions: (a) each building face visible from off-site that includes storage access doors shall be required to have at least 25% of the facade square footage which does not consist of doorways be constructed with Class I material: and (b) each building wall visible from off-site shall have a wall deviation at least every 40 feet that is a minimum depth of 2 feet. i. Landscaping shall be in accordance with Section 1107.1900. City of Prior Lake June 1,2009 1102/p6 Zoning Ordinance k. The site shall be maintained free of litter, odors, pests, and shall be cleaned of loose debris in accordance with the Property Maintenance Ordinance. 1102.1204 Accessory Uses. The following uses shall be permitted accessory uses in a "C- 3" Business Park Use District: ➢ Parking lots or parking structures for permitted or conditional uses. ➢Structures to enclose trash handling equipment and recycling equipment if built in accordance with the standards of this subsection. ➢Radio transmitters, microwave, and communication towers, subject to Subsections 1110.100 through 1110.1600. ➢Outdoor display of products which are manufactured or assembled in the principal structure on-site, provided that such use occupies an area not to exceed 500 sq. ft., and is paved with asphalt, concrete or other hard surface and clearly delineated as outdoor display space. (1) Accessory Structures constructed for accessory uses allowed in the "C-3" Business Park Use District are subject to the following conditions: a. The accessory structure shall be either constructed of the same materials as the principal structure or totally screened from public view from adjacent roads and contiguous properties. The screening must meet all applicable standards of this Ordinance. b. The maximum area of an accessory structure shall not exceed 15% of the total area of the principal structure. C. The accessory structure must be located in the rear yard of the subject site and conform to all applicable setback requirements. However, no accessory structure shall be located in the yard adjacent to a roadway designated in the Comprehensive Plan as a County Road or collector street. 1102.1205 Dimensional Standards. The minimum lot size in the "C-3" Business Park Use District shall be 1 acre, and the minimum lot width shall be 100 feet. No more than 50% of any lot shall be covered by structures. Maximum Floor Area Ratio is 0.50. No structure shall exceed 4 stories or 45 feet in height, whichever is less, except as provided in Subsection 1101.508. 1102.1206 Reguired Setbacks. Within the "C-3" Business Park Use District, the following minimum setbacks shall apply: FRONT SIDE REAR ARTERIAL& COLLECTOR ROADS Structure 30 ft. 1528 ft. 2030 ft. 50 ft. Structure abutting 30 ft. 505 ft. 5075 ft. 50 ft. an "R" Use District Parking Lot, Drive Aisle, Ground Sign 10 ft. 5 ft. 10 ft. 30 ft. Parking Lot abutting 10 ft. 20 ft. 20 ft. NA an "R" Use District City of Prior Lake .lune 1,2009 1102/p7 Zoning Ordinance 1102.1207 Design Standards in the "C-3" Business Park Use District. (1) Noxious Matter. The emission of noxious matter shall be controlled so that no such emission crosses the lot line of the property from which it originates. Noxious matter shall mean any solid, liquid or gaseous material, including but not limited to gases, vapors, odor, dusts, fumes, mists or combinations thereof, the emission of which is detrimental to or endangers the public health, safety, comfort or general welfare, or causes damage to property. The owner of the property and/or the manager of the business that generates noxious matter shall comply with a MPCA (Minnesota Pollution Control Agency) regular inspection schedule as approved by the City and shall submit reports of such inspections to the City. (2) Restricted Operations. Noise, odors, smoke and particulate matter shall not exceed Minnesota Pollution Control Agency standards. Glare,whether directed or reflected, such as from spotlights or high temperature processes, as differentiated from general illumination, shall not be visible beyond the lot line of the property from which it originates. (3) Prohibition of Pole Buildings. Pole Buildings are prohibited. 1102.1300: Commercial Restrictions And Performance Standards. The following Restrictions and Performance Standards shall govern uses permitted by any "C" Commercial Use District. (1) All business activities including but not limited to sales, rentals, service, storage, merchandise display, repair, and processing,except for off-street vehicular parking and off-street loading, which are conducted in a Commercial Use District shall be specifically permitted elsewhere in this Ordinance. (2) Outdoor storage shall be prohibited in the Commercial Use Districts except when specifically permitted elsewhere in this Ordinance. (3) Goods produced on the premises in the "C-1" Use District shall be sold only at retail on the premises and the processes and equipment employed in production shall be of such character that no offensive odor, dust, smoke, ash, gas, noise, vibration or waste matter are produced from the use of them. (4) Business uses shall front on a public way or an interior arcade. (5) All delivery service entrances to a building in the "C-1" Use District shall be from a public alley, service-alley, off-street parking lot, or all deliveries shall be made from the curb. (6) All trash, garbage,waste materials, trash containers and recycling containers shall meet the parking setback and shall be kept in the manner required by the City Ordinance. (7) There shall be no vehicular access within 50 feet of the intersection of the projection of the nearest curb lines of any public streets to a parcel on which a commercial use is operated. City of Prior Lake June 1,2009 1102/p8 Zoning Ordinance (8) No storage, display or parking of vehicles shall be allowed in any of the required yards or landscaped areas. (9) New structures and structures which expand the gross square footage of the structure by more than 50% shall be required to place all utility service lines underground. Any new service to an existing building shall be placed underground. (10) Access for all commercial uses shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or otherwise located so that access can be provided without generating significant traffic on local residential streets. (11) Unless otherwise noted in this Ordinance, all commercial uses shall maintain a minimum setback of 60 feet from any side or rear lot line abutting an "R" Use District. (12) Unless otherwise noted in this Ordinance Pole Buildings shall be prohibited in all Commercial Use Districts. City of Prior Lake .lune 1,2009 1102/p9 Business Park Property-Approved Use Comparison P=Permitted Use PUC=Permitted Use with Conditions CU Conditional Use AC=Accessory Use INT=Interim Use Prior Lake Shakopee Burnsville Savage Chanhassen Rosemount Lakeville p PLIC CU AC INT n/a Use C-3,Business Park BP,Business Park I-3,Office R,Ind. BP,Business Park Dist. IOP,Industrial Office Park BP,Business Park O-P,Office Park Dist. Agricultural Uses(limited to growing field crops) P 1 6 Animal Handling(Daycare) CU CU 2 5 Antennas and Towers(as regulated) CU/AC CU/AC CU/AC P/AC AC 1 3 1 2 Auto Body/Painting CU 1 6 Bus Garage or Maintenance Facility P 1 6 3usiness Services p P 2 5 Business/Trade Schools CU P P P CU P 4 1 1 2 1 Cartage and Express Facility p 1 6 Cemeteries CU 1 6 Churches or Places of Worship(Religions Inst.) p INT CU 1 1 1 4 Commercial Bakery CU 1 6 Commercial Recreational Facility P P 2 5 Commercial Vehicle Rental Facilities CU 1 6 Contractors yard(Open Storage) CU CU 2 5 Convention and Exhibition Centers)Armories) P P CU P 3 1 3 Data Center P 1 6 Daycare P CU CU/AC CU CU 1 4 2 Drive-Through Facility - - CU 1 6 Eating and Drinking Establishment CU 1 6 Essential Services(Utility) p CU CU 1 2 4 Financial Institution(without drive-through) p 1 6 Fitness Centers/Health Clubs(Indoor) CU CU P P CU CU 2 4 1 Food Processing P CU 1 1 5 Freight Terminals CU 1 6 Furniture Moving and Storage p 1 6 Gun Range,Indoor CU 1 6 Gymnastic Srhnols CU1 6 Health and Recreation Clubs(Outdoor) CU CU 2 5 Il,liport CU CU CU - 3 4 Home Improvement Trades CU 1 6 Hotels/Motels P CU CU CU P 2 3 2 Institution/Learning Center P INT 1 1 5 m Luber yards(Building Material Sales) P CU 1 1 5 r.'IanufacturinG/Processlnr, P P P P P P CU 6 1 D Medical Waste Transfer Facility CU 1 6 Medical/Dental Office P P P CU 3 1 3 f t. Jehicl,�Servet and P,peir CU - P 1 1 5 Non City Utility Buildings(Services) P CU 1 1 5 Office P P P P P PP 7 0 Office-Showroom p p p 3 4 r-!—Sl-m, CU CU CU 3 4 Police,,H f,StTtions PUC P P p p 4 1 2 Printing Pr ores p P P p p 5 2 Pri�are rotnrtamment(Indoor)(Clubs and Lodges) CU P 1 1 1 5 Public',,,vice Structures PUC P P p p 4 1 2 Recycling Facility CU P 1 1 5 R,-march a nd Testlnp laboratories P P P P CU P P 6 1 0 ',1-nr Services to the Puhlir(Limited) CU CU AC AC AC CU 3 3 1 Self-Service Storage Facility P CU CU 1 2 4 Srora,�e�r P�rklnP n f Vehicles CU AC AC AC P/AC AC AC 1 1 5 0 Studio P p P p 4 3 Transit Stations/park and ride facilities CU p 1 1 5 t4rir,hcuse/Sro rag,/Distrih ut'ion p P P P P P CU 6 1 D Wholesale Ilse PUC P p p p P 6 1 0 Black lettering indicates use P,PUC,CU or AC permitted in other communities but not in Prior Lake Gray shaded box Indicates the use was not addressed in the community's Zoning Ordinance Business Park Property- Proposed Amendments P=Permitted Use PUC=Permitted Use with Conditions CU=Conditional Use AC=Accessory Use Prior Lake(Current) Prior Lake Use C-3,Business Park (Recommended) Agricultural Uses(limited to growing field crops) Animal Handling(Daycare) CU CU Antennas and Towers(as regulated) Auto Body/Painting CU CU Bus Garage or Maintenance Facility Business Services P P Business/Trade Schools P Cartage and Express Facility Cemeteries Churches or Places of Worship(Religions Inst.) Commercial Bakery Commercial Recreational Facility Commercial Vehicle Rental Facilities Contractors Yard(Open Storage) Convention and Exhibition Centers(Armories) P Data Center P Daycare Drive-Through Facility Eating and Drinking Establishment Essential Services(Utility) Financial Institution(without drive-through) Fitness Centers/Health Clubs(Indoor) Food Processing Freight Terminals Furniture Moving and Storage Gun Range,Indoor CUP Gymnastic Schools CU PUC Health and Recreation Clubs(Outdoor) Heliport CU CU Home Improvement Trades Hotels/Motels P P Institution/Learning Center Lumber Yards(Building Material Sales) Manufacturing/Processing P P Medical Waste Transfer Facility Medical/Dental Laboratory P Medical/Dental Office P Motor Vehicle Service and Repair CU CU Non City Utility Buildings(Services) Office P P Office-Showroom P Outdoor Storage CU PUC Police and Fire Stations PUC PUC Printing Process P P Private Entertainment(Indoor) CU PUC Public Service Structures PUC PUC Recycling Facility Research and Testing laboratories P P Retail Sales or Services to the Public(Limited) CU PUC Self-Service Storage Facility CUP Storage or Parking of Vehicles CU PUC Studio P Transit Stations/park and ride facilities Warehouse/Storage/Distribution P P Wholesale Use PUC PUC Red lettering indicates current P,PUC,CU and AC uses in Prior Lake Zoning Ordinance Black lettering indicates use P,PUC,CU or AC uses permitted in other communities but not in Prior Lake Business Park Property Comparison-Zoning Requirements Zoning Requirements Parking Setbacks Maximum Minimum Lot Minimum Front Yard Rear Yard Rear Yard Setback Side Yard Side Yard Setback Front Yard Rear Yard Side Yard Abutting Building Height Width-Frontage Acreage Setback Setback (abutting res.) Setback (abutting res.) Setback Setback Setback Residential Prior Lake C-3,Business Park 4 stories or 45' 100' 1 acre 30' 30' 75' 20' 75' 10' 10' S' 20' Use District (whichever is less) Lakeville O-P,Office Park District 6 stories or 65'(whichever is less) 100' (30,000 s.f.0.689 acres) 50' 30' 40' SO' 40' 10' SO'' 10' 10' Prior Lake is more restrictive More Same More Less Same More More More Same Same Less More -less restrictive-or same 35'(CUP is required for 30,000 s.f. Savage BP,Business Park District buildings above 351 100' (0.689 acres) 50' 20' 40' 10' 40' S' S' S' 25' Prior Lake is more restrictive Less Same More Less More More More More More More Same Less= -less restrictive-or same Shakopee BP,Business Park Zone 45'(CUP is required forbuildings above 45') 100' 1 acre 50' 30' 100' 20' 100' S0' 10' 20' 100' Prior Lake is more restrictive Same Same Same Less Same Less Same Less Less Same Less Less -less restrictive-or same IOP,Industrial Office Chanhassen Park District 4 stories/50' 150' 1 acre 30' 30' 100' 1D' 100' 30' 10' 10' 50' Prior Lake is more restrictive More Less Same Same More Less More Less Less Same Less Less -less restrictive-or same Rosemount BP,Business Park District 50' 120' 1 acre 30' 10' (or 2K bldg.height) 10 (or 2X bldg.height) 20' 10' 10' (or 2X bldg.height) Prior Lake is more restrictive More Less Same Same More More More More Less Same Less Less -less restrictive-or same 1-3,Office and Industrial 45'(CUP is required for ISO' 40,000 s.f. 40' 20' 60' 20' 40' 20' 15' 15' 20' Burnsville Park District buildings above 45') (0.918 acres) Prior Lake is more restrictive Same Less More Less More More Same More Less. Less Less Same -less restrictive-or same PL is More Restrictive 3 0 3 0 4 4 4 4 1 1 0 1 PL has Same Restrictions 2 3 3 2 2 0 2 0 1 4 1 1 PL is Less Restrictive 1 3 0 4 0 2 0 2 4 1 5 4 Maximum Minimum Lot Minimum Front Yard Rear Yard Rear Yard Setback Side Yard Side Yard Setback Front Yard Rear Yard Side Yard Abutting Building Height width-Frontage Acreage Setback Setback (abutting res.) Setback (abutting res.) Setback Setback Setback Residential Prior Lake 4 stories or 45' 100' 1 acre 30' 30' 75' 20' 75' 10' 10' S' 20' (whichever is less) Peer Community Average 48' 120' .883 acre 42' 20' 62' 13' 58' 23' 10,. 12' 39' stories or 45' Recommended Requirement (whichever is less) 100' 1 acre 30' 20' S0' 15' S0' 10' 30' S' 20' 4 Yellow highlighted areas indicate a proposed zoning ordinance amendment