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HomeMy WebLinkAbout4B Controlled Access Lot Ord Amend4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: August 17, 2015 AGENDA #: 4B PREPARED BY: PRESENTED BY: PUBLIC HEARING: CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST CASEY MCCABE YES AGENDA ITEM: CONSIDER A RECOMMENDATION TO AMEND SUBSECTIONS 1102.403, 1102.503 and 1104.307 OF THE PRIOR LAKE ZONING ORDINANCE RE- LATED TO CONTROLLED ACCESS LOTS ON GENERAL DEVELOPMENT LAKES DISCUSSION: Introduction The purpose of this public hearing is to consider recommending certain amend- ments to Subsections 1102.403, 1102.503 and 1104.307 of the Prior Lake Zon- ing Ordinance related to Controlled Access Lots on General Development Lakes as a Use Permitted by Conditional Use Permit within the R-1, Low Density and R-2, Medium Density Residential Use Districts. History On February 9, 2015 the Prior Lake City Council adopted Ordinance No. 115-04 which, for a period of six months, prohibited development, expansion or permit- ting of boat slips for Controlled Access Lots on Spring Lake in the City of Prior Lake. On February 9, 2015 the Prior Lake City Council also approved Resolution No. 15-125 authorizing a study to be conducted and a task force to be appointed to determine what amendments to the City Code may be required to protect the public health, safety, and welfare and to provide for sound planning with respect to boat slips for Controlled Access Lots on Spring Lake. A Task Force was established with members from the Spring Lake Township Board, Prior Lake–Spring Lake Watershed District, Scott County Sheriff's Office, Lakes Advisory Committee, Spring Lake Association, City of Prior Lake staff, Spring Lake Township staff, riparian property owners and the Minnesota DNR (advisory). The task force reviewed the current ordinance and identified issues or concerns with the current ordinance requirements, the primary concerns in- cluded: Improve the approval process to provide public notice and allow for public comment; and Reduce the number of permitted slips for Controlled Access Lots. Current Circumstances During a June 8, 2015 City Council Work Session, the Council reviewed the pre- liminary recommendations of the task force which included identifying Controlled 2 Access Lots on Spring Lake as a Use Permitted by Conditional Use Permit, re- view of the proposed minimum conditions for approval, and discussion of the one boat slip per 20 feet of shoreline requirement. The City Council provided direction to identify Controlled Access Lots on all Gen- eral Development Lakes (Upper Prior Lake, Lower Prior Lake and Spring Lake) as a Use Permitted by Conditional Use Permit in the proposed ordinance. The Council provided further direction to present two ordinance amendments for con- sideration. The first would identify Controlled Access Lots as a Use Permitted by Conditional Use Permit and would limit the number of boat slips to one per 20 feet of shoreline on all General Development Lakes. The second would also identify Controlled Access Lots as a Use Permitted by Conditional Use Permit but would limit the number of boat slips to one per 20 feet of shoreline on Spring Lake and maintain the current requirement of one boat slip per 12.5 feet of shore- line on Upper Prior Lake and Lower Prior Lake. Conclusion The task force has prepared two amendments to Subsections 1102.403 and 1102.503 for consideration which are attached to this report. The first attach- ment identifies Controlled Access Lots as a Use Permitted by Conditional Use Permit and limits the number of boat slips to one slip per 20 feet of shoreline on all General Development Lakes. The second attachment identifies Controlled Access Lots as a Use Permitted by Conditional Use Permit and limits the number of boat slips to one slip per 20 feet of shoreline on Spring Lake and one slip per 12.5 feet of shoreline on Upper Prior Lake and Lower Prior Lake. The proposed amendments also include a housekeeping item which deletes the Marinas land use as a Use Permitted by Conditional Use Permit in the R-2, Me- dium Density Residential Use District and replaces the deleted land use with Marina, Commercial and Marina, Recreational; both permitted by conditional use permit. The change to Marinas in 2014 was made in the Shoreland District sec- tion of the ordinance, but did not get similarly changed in the R-2 section. The attached amendments will accomplish the intent of Ordinance No. 114-12 to re- move the Marinas land use description from Subsection 1102.503 and replace with Marina, Commercial and Marina, Recreational. A similar amendment to the C-2, General Business use district will be proposed by staff at a later date. ZONING ORDINANCE AMENDMENT FINDINGS: Section 1108.600 of the Zoning Ordinance states: 1108.600 POLICY FOR AMENDMENTS. Recommendations of the Planning Com- mission and final determinations of the City Council shall be supported by find- ings 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 Or- dinance, 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. 3 1.There is a public need for the amendments. Property owners have commented that the current Controlled Access Lot approval process is flawed because there is no public notification or public involvement in the approval process. Property owners have also expressed concerns that the General Development Lakes in the community, specifically Spring Lake, are vulnerable to environmental impacts as well as lake safety and lake quality being important for preserving the quality of life in Prior Lake for its residents and visitors. Residents have commented that the current number of slips which are permitted by ordinance on Controlled Access Lots (one slip per 12.5 feet of shoreline) is too excessive and the number of al- lowable slips should be reduced. 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. The proposed amendments meet these purposes of the Zoning Ordinance: Protect the residential, business, industrial and public areas of the commu- nity 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. One of the seven Strategic Elements of the 2040 Vision and Strategic Plan, Natural Resources, states, “The City’s lakes, parks and natural amenities are key to preserving the quality of life in Prior Lake for our residents and visitors. Our natural resources are our legacy.” The proposed amendments will help alleviate future environmental impacts to Prior Lake’s General Development Lakes by limiting the amount of boat slips which may be permitted on Controlled Access Lots. 3.The adoption of this amendment is consistent with State and/or federal requirements. These amendments are consistent with state and federal requirements. The Minnesota DNR submitted a letter of review for the proposed ordinance amendments (Attachment 5) and recommends that the City of Prior Lake adopt the ordinance requiring 20 feet of shoreline for each boat slip on all General Development Lakes; opposed to the alternative which would require 20 feet of shoreline per boat slip on Spring Lake and 12.5 feet of shoreline per boat slip on Upper and Lower Prior Lake. The proposed ordinance amendments have been reviewed by the Spring Lake Task Force, Prior Lake City Attorney, Spring Lake Township Board, Scott County Planning staff and the Minnesota Department of Natural Resources. The two primary issues identified by the task force were to improve the approval process to provide public notice and allow for public comment and reduce the 4 number of permitted slips for Controlled Access Lots. The proposed amend- ments will address these concerns by i) requiring a conditional use permit to be approved for Controlled Access Lots which will require public notification and a public hearing prior to approval, and ii) reducing the number of permitted slips from one per 12.5 feet of shoreline to one per 20 feet of shoreline. Based upon the findings set forth in this report, staff recommends approval of the proposed zoning ordinance amendments which would identify Controlled Ac- cess Lots as a Use Permitted by Conditional Use Permit in the R-1, Low Density Residential Use District and R-2, Medium Density Residential Use District and limits the number of boat slips to one slip per 20 feet on all General Development Lakes. ISSUES: Based on the City Council’s direction at their June 8th W ork Session, the Spring Lake Task Force has prepared two proposed amendments to Subsection 1102.403 and 1102.503 (attachments 1 and 2 to this report). The proposed or- dinance amendments are essentially the same with the exception of the first at- tachment would change the requirement to one boat slip per 20 feet of shoreline on all General Development Lakes (Spring Lake, Upper Prior Lake and Lower Prior Lake); the second attachment would change the requirement to one boat slip per 20 feet of shoreline on Spring Lake while keeping the requirement of one boat slip per 12.5 feet of shoreline on Upper Prior Lake and Lower Prior Lake. The Spring Lake Task Force is recommending approval of the ordinance amendment which limits Controlled Access Lots to one boat slip per 20 feet of shoreline on all General Development Lakes. The proposed ordinance amendments will not affect existing Controlled Access Lots, some of which, if the ordinance is approved, shall be considered legally nonconforming and will be ‘grandfathered’ in. The proposed ordinance includes language which states, “All docks, mooring facilities, and Controlled Access Lots legally existing on the date of this ordinance which do not meet the above listed conditions shall be considered legally nonconforming and the use may be con- tinued in conformance with Minnesota Statutes Section 462.357 Subd. 1e, in- cluding through repair, replacement, restoration, maintenance, or improvement, but not including expansion. It is the intent of the City of Prior Lake to allow legally nonconforming Controlled Access Lots to maintain the number of Boat Slips which were approved via permit issued by the City of Prior Lake or Minne- sota Department of Natural Resources as of the date of adoption of this ordi- nance.” The proposed ordinance (and Attachment 4) includes a list of all Con- trolled Access Lots and the number of approved boat slips which would become legally nonconforming upon approval. The Spring Lake Township Board will review the proposed ordinance amend- ments during their August 13, 2015 meeting. The Spring Lake Township Board may provide comments or a recommendation which will be shared with the Plan- ning Commission during their August 17, 2015 meeting. ALTERNATIVES: 1. Motion and a second to recommend the City Council approve the amend- ments to Subsections 1102.403, 1102.503 and 1104.307 of the Prior Lake Zoning Ordinance identifying Controlled Access Lots as a Use Permitted by Conditional Use Permit in the R-1, Low Density Residential and R-2, Medium 5 Density Residential Use Districts and restricting the number of boat slips to one slip per 20 feet of shoreline on all General Development Lakes. 2. Motion and a second to recommend the City Council approve the amend- ments to Subsections 1102.403, 1102.503 and 1104.307 of the Prior Lake Zoning Ordinance identifying Controlled Access Lots as a Use Permitted by Conditional Use Permit in the R-1, Low Density Residential and R-2, Medium Density Residential Use Districts and restricting the number of boat slips to one slip per 20 feet of shoreline on Spring Lake and one slip per 12.5 feet of shoreline on Upper Prior Lake and Lower Prior Lake. 3. Motion and a second to recommend the City Council deny the proposed amendments to Subsections 1102.403, 1102.503 and 1104.307 of the Prior Lake Zoning Ordinance related to Controlled Access Lots on General Devel- opment Lakes as a Use Permitted by Conditional Use Permit within the R-1, Low Density and R-2, Medium Density Residential Use Districts based on specific findings. 4. Motion and a second to table or continue discussion of the item for a specific purpose. RECOMMENDED MOTION: Alternative No. 1. ATTACHMENT: 1. Proposed Amendments to Subsections 1102.403 & 1102.503 (One (1) boat slip per 20’ of shoreline on all General Development Lakes) 2. Proposed Amendments to Subsections 1102.403 & 1102.503 (One (1) boat slip per 12.5’ of shoreline on Upper and Lower Prior Lakes and one (1) boat slip per 20’ of shoreline on Spring Lake) 3. Proposed Amendments to Subsection 1104.307 4. Prior Lake Controlled Access Lot Permits 5. MNDNR Letter of Review 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 “I-1” General Industrial Use District 1102.1500: Industrial Performance Standards 1102.1600: Expansion of a Nonconforming Restaurant Use (Subsections 1102.100 – 1102.300 and 1102.600 – 1102.1600 were removed for purpose of this Zoning Ordinance review only) 1102.400: "R-1" Low Density Residential. The purpose of the "R-1" Low-Density Residential Use District is to provide areas where the emphasis is on single-family residential development. The Use District provides for other uses which are compatible with the overall low-density of these areas and which will serve the residential neighborhood. 1102.401 Permitted Uses. The following uses are permitted in the "R-1" Single Family Residential Use District if the use complies with the Residential Performance Standards of Subsection 1102.700: Single Family Dwellings State Licensed Residential Facilities as permitted by Minnesota State Statutes. Parks and Open Spaces Group Homes/Statutory 1102.402 Uses Permitted With Conditions. A structure or land in an "R-1" Single Family Residence Use District may be used for 1 or more of the following uses if its use complies with the conditions stated in Subsection 1102.700 and those specified for the use in this subsection. (1) Group Home/Non-Statutory. Conditions: a.At least 800 square feet of lot area shall be provided for each person housed on the site. b.At least 150 square feet of usable open space shall be provided for each person housed on the site. c. The residence structure shall be occupied by not more than 6 persons under treatment, and 2 staff persons. d. The residence structure shall provide one bathroom for each 4 persons accommodated in group living quarters. e. The residence structure shall provide one bedroom for each 2 persons accommodated in group living quarters. f. The use shall not be located within 1500 feet of another group home. (2) Community Centers. Conditions: a. The building shall not be located within 50 feet of any lot line of a lot in an "R" Use District. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor areas intended for group activities shall be located at least 25 feet from any lot in an "R" Use District and shall be buffered from such residential lot with a bufferyard, Type C as defined in Subsection 1107.2005. (3) Educational (Academic). Conditions: a. Buildings shall be located at least 50 feet from a lot in an "R" Use District. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an "R" Use District, and shall be buffered from such residential use with a bufferyard, Type C as defined in Subsection 1107.2005. (4) Libraries. Conditions: a. Buildings shall be located at least 25 feet from a lot line in an "R" Use District. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. (5) Park/Recreation. Conditions: a. The principal structure shall be located at least 50 feet from a lot in an "R" Use District. b. Areas designated for group activities shall be located a minimum of 25 feet from a lot in an "R" Use District. c. A bufferyard, Type C as defined in Subsection 1107.2005, shall be constructed along the property line when a community park abuts property residentially used or in one of the "R" Use Districts. This provision shall not require a fence within the required front yard or where it interferes with traffic visibility at intersections. d. The entire site other than that taken up by structures, required buffer yards or other landscaped areas shall be surfaced with a material to control dust and drainage. e. Swimming pools shall be located at least 50 feet from any lot line and at least 12 feet from any other structure on the same lot. f. A drainage system approved by the City Engineer shall be installed. g. Facilities which serve a community-wide or regional function shall be located with primary vehicular access on a collector or arterial street. h. Facilities within 300 feet of a property in an "R" District that require night lighting shall be lighted according to a lighting plan approved by the City which shall include fixture specifications and demonstrate that off-site impacts will be minimized. (6) Religious Institutions. Conditions: a. All buildings shall be located at least 30 feet from any lot line of 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. (7) Bed and Breakfast Establishments. Conditions: a. The facility shall be owner-occupied. b. The required parking shall be screened with a bufferyard Type B as defined in Subsection 1107.2005. c. The total number of guests shall be limited to 6. d. Not more than 50% of the gross floor area of the residence shall be used for the guesthouse operation. e. Only exterior alterations which do not alter the exterior appearance from its single- family character will be allowed. f. Accommodations may be provided to a guest for a period not exceeding 14 days. g. Food service shall be limited to breakfast and afternoon tea. h. Rented rooms shall not contain cooking facilities. i. Rooms used for sleeping shall be part of the primary residential structure and shall not have been constructed specifically for rental purposes. j. No more than 50% of the rear yard may be paved or used for parking. (8) Accessory Apartments: Conditions: a. Accessory apartments shall be allowed within a single family dwelling for the following purposes:  More efficient utilization of the existing single family housing stock in the city;  Provision of housing which allows privacy and independence for older family members;  Preservation of property values and maintenance of the character of existing single family neighborhoods; and  Provision of housing for live-in employees, such as nannies, or other persons employed for medical or domestic purposes on the premises. b. For the purpose of this subdivision, the following definitions shall apply:  “Housekeeping Unit” - all persons residing within a single family house whose relationship includes a substantial amount of social interaction including the sharing of housekeeping responsibilities or expenses or the taking of meals together;  “Living Space” - the area within a house which is suitable for human habitation including suitable finished basement areas but excluding garages, services areas and unfinished portions of the building;  “Owner” - the person who holds fee title or is a bona fide purchaser under a contract for deed of the property;  “Unit of Housing” - one or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities separate from those of another unit of housing and intended for the exclusive use of a single housekeeping unit; and  “Temporary Absence” - establishing residence outside of the twin cities metropolitan area for a period not to exceed 12 months but during which period the subject property continues to be the applicant's legal or principal residence. c. No accessory apartment shall be created or used except in conformity with the following:  An accessory apartment may be created only within a single family dwelling and no more than one apartment to be created in any dwelling;  Single family dwellings in which an accessory apartment is created must be owner-occupied, with the owner residing in either unit on a continuous basis except for temporary absences throughout the period during which the permit is valid;  A minimum of 2 off-street parking spaces must be provided for each unit of housing with such parking to be in a garage, carport or on a paved area specifically intended for that purpose but not within a required turnaround;  In an existing single family dwelling, an accessory apartment may be created by the conversion of living space within the house but not by conversion of garage space unless space is available for a two car garage on the lot without the need for a variance;  An accessory apartment must be no more than 35 percent of the gross living area of the house or 950 square feet, whichever is smaller. The gross living area includes the accessory apartment.  Exterior changes to the house must not substantially alter the single family character of the structure;  No apartment may be created except in compliance with all applicable building, housing, electrical, plumbing, heating and related codes of the city;  An accessory apartment is permitted only where it is demonstrated that the it will not have an undue adverse impact on adjacent properties and where there will not be a substantial alteration of the character of the neighborhood; and  All other provisions of this ordinance relating to single family dwelling units are met, unless specifically amended by this subdivision. 1102.403 Uses Permitted by Conditional Use Permit. No structure or land in any "R-1" Single Family Residential Use District shall be used for the following uses except by Conditional Use Permit. These uses shall comply with the Residential Performance Standards of Subsection 1102.700, the requirements of all the general conditions provided in Subsections 1108.202 through 1108.204, with the Specific Conditions imposed in this subsection and with any other conditions the Planning Commission may impose. (1) Cluster Housing. Conditions: a. Cluster housing shall meet the following minimum requirements: (1) No more than four dwelling units shall be incorporated in a single building; (2) The density of development shall not exceed the density allowed in an "R-1" Single Family Residential Use District; (3) This subsection shall not be applied to conversion of existing dwelling units into cluster housing but may be applied to site clearance and redevelopment. Existing units may be incorporated into new development plans when such units are not converted or added to; (4) there shall be 600 square feet of usable open space for each dwelling unit. b. The applicant shall clearly demonstrate through the application and site plan that a superior development would result by clustering. The presence of a superior development shall be determined by reference to the following criteria: (1) The presence and preservation of topographic features, woods and trees, water bodies and streams, and other physical and ecological conditions; (2) Suitable provisions for permanently retaining and maintaining the amenities and open space; (3) Locating and clustering the buildings to preserve and enhance existing natural features and scenic views, aesthetically pleasing building forms and materials, addition of landscaping to screen development, recognition of existing development and public facilities, and consistency with City goals and plans for the areas. (2) Public Service Structures. Conditions: a. All exterior faces of all buildings shall meet the provisions of Subsection 1107.2200. b. All structures shall be located a minimum of 15 feet from any lot in an "R" Use District. c. A bufferyard, Type C as defined in Subsection 1107.2005, shall be installed and maintained along all property lines abutting an "R" Use District. (3) Golf Courses. Conditions: a. All structures shall be located a minimum of 30 feet from any adjacent lot in an "R" Use District. (4) Country Clubs. Conditions: a. All structures shall be located a minimum of 30 feet from any adjacent lot in an "R" Use District. (5) Free-Standing Parking Lots. Conditions: a. The parking lot must be accessory to an existing nonresidential or recreational use located within the same Zoning Use District. b. The parking lot must be located within 500 feet of the existing nonresidential or recreational use. c. The parking lot must meet all the provisions listed in Subsections 1107.203(11), 1107.203(13), and 1107.204. d. No storage of any kind is permitted on the site. e. No structures are permitted on the site. (6) Recreational Dome. Conditions: a. The dome must be accessory to an existing use located within the same Zoning District. b. No outdoor storage of any kind is permitted on the site. c. A bufferyard, Type C as defined in Subsection 1107.2005, shall be installed and maintained along on property lines abutting a “R” use district. d. Hours of operation shall be limited to 5 a.m. to 10 p.m. on weekdays and 5 a.m. to 11 p.m. on weekends. e. All mechanical equipment shall be fully screened. f. All structures shall be located a minimum of 60 feet from any adjacent lot line in an “R” use district, and the setback shall be increased by an additional foot for each foot in height that the structure exceeds 60 feet. g. No light or vibration originating from the structure or supporting equipment shall be discernible at the property line. h. The structure shall not exceed 75 feet in height. i. The structure shall be of a color that provides for maximum integration within its surroundings. j. The dome structure shall be fully insulated. (7) Controlled Access Lot on General Development Lake. Conditions a. The lot must be suitable for the intended use as a Mooring Facility. b. The lot must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of non-riparian lots in the subdivision who are provided access rights on the lot. c. The lot must meet, at a minimum, the width and area requirements for a Single- Family residential riparian lot. d. The allowable number of Boat Slips for a Controlled Access Lot shall be based on the conditions identified in Subsection 1104.307(3); provided however, in no case shall the number of Boat Slips exceed one (1) Boat Slip for every twenty (20) feet of lot width as measured at the Ordinary High Water Elevation. e. Covenants must be recorded against the Controlled Access Lot and all benefiting lots that specify which lot owners have authority to use the Controlled Access Lot and what activities are allowed. The activities may include watercraft launching, loading, storing, beaching, mooring, or docking. The covenants may also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the non-significant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number of watercraft allowed to be securely moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alteration. The covenants must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical, from view from public water, assuming summer, leaf-on conditions. f. Functioning restroom facilities shall be accessible on the lot for all users of the lot 24 hours per day during the boating season (from May 1 through September 30). The restrooms shall either be connected to municipal sanitary sewer or shall be Portable Toilets as approved by the Zoning Administrator. g. No dock, mooring facility or other structure shall be located so as to:  Obstruct the navigation of any lake;  Obstruct reasonable use or access to any other dock, mooring facility or other structure;  Present a potential safety hazard; or  Be detrimental to significant fish and wildlif e habitat or protected vegetation. h. Docks and mooring facilities shall be setback a minimum of ten (10) feet from side property lines as measured at the Ordinary High Water Elevation. Docks and mooring facilities shall be located a minimum of ten (10) feet from a straight line extension of the side property lines of the lot into the Lake. This requirement may be adjusted, at the discretion of the Zoning Administrator, in cases where topography significantly limits the placement of docks. i. One (1) paved off-street parking space shall be provided for each four (4) Boat Slips for which the owners, lessees or users do not live within one thousand (1,000) feet of the Controlled Access Lot. In addition, a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Elevation sufficient to capture and filter all run-off from the parking area. j. The storage of materials that are flammable, explosive, or potentially injurious to human, animal, or plant life upon any Controlled Access Lot, dock or mooring facility is prohibited. k. No oscillating, rotating, flashing, moving or advertising signs shall be permitted on any Controlled Access Lot, dock or mooring facility. l. Access across wetlands is permitted only in accordance with the State and Federal wetland regulations. m. Controlled Access Lots shall meet the Residential Performance Standards of Subsection 1102.700. n. Garbage receptacles shall be made available on the lot for use during the boating season (from May 1 through September 30) and all garbage receptacles shall be emptied on a regular basis to avoid the accumulation of refuse. o. All docks, mooring facilities, and Controlled Access Lots legally existing on the date of this ordinance which do not meet the above listed conditions shall be considered legally nonconforming and the use may be continued in conformance with Minnesota Statutes Section 462.357 Subd. 1e, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. It is the intent of the City of Prior Lake to allow legally nonconforming Controlled Access Lots to maintain the number of Boat Slips which were approved via permit issued by the City of Prior Lake or Minnesota Department of Natural Resources as of the date of adoption of this ordinance. Below is a list of legally nonconforming Controlled Access Lots and the number of Boat Slips permitted for each. 1102.404 Accessory Uses. The following uses shall be permitted accessory uses in an "R-1" Single Family Residential Use District:  Detached private structures as regulated in Subsection 1102.700 (8).  Off-street parking spaces.  Private swimming pool and tennis court.  Family Day Care Facilities serving 14 or fewer persons.  Boarders. Keeping of not more than 2 boarders or roomers by a resident family.  Signs, as regulated by Subsection 1107.400 to 1107.1700.  Gardening and other horticultural uses.  Decorative landscape features including but not limited to pools, arbors and terraces.  Adult Day Care in a religious institution, community center, or nursing home if 150 square feet of outdoor sitting and exercise area per person under care at peak periods is provided.  Yard Sales, provided each does not exceed 4 days in duration, and there are no more than 3 sales per year conducted on the premises. Signage for this use is regulated by Subsection 1107.709. (1) Home Occupations are permitted accessory uses in an "R-1" Single Family Residential Use District if a home occupation permit has been issued and the use is in compliance with all of the following conditions: a. All material or equipment shall be stored within an enclosed structure. b. Operation of the home occupation is not apparent from the public right-of-way or any lake, except for parking of 1 vehicle not to exceed 9,000 pounds gross vehicle weight. c. The activity does not involve warehousing, distribution, or retail sales of merchandise produced off the site, except that storage up to 200 cubic feet of products and materials used to carry on the home occupation is permitted. d. No person is employed at the residence who does not legally reside in the home except that a licensed Group Family Day Care Facility may have one outside employee. Permit #Association Name Parcel ID Number (PIN)Water Body # of Slips Permitted 88-6322 Windsong on the Lake 252360310 Lower Prior Lake 26 89-6013 Harbor Community Association 252030070 Lower Prior Lake 60 89-6021 Oakland Beach Homeowners Association 251700010 Lower Prior Lake 39 89-6022 Island View 1st Add. Association 251430700 Upper Prior Lake 36 89-6002 Island View 5th Add. Association 252520320 Upper Prior Lake 20 89-6035 Mitchell Pond Association 251110260 Lower Prior Lake 23 89-6272 Fish Point Beach Homeowners Association 259360520 Lower Prior Lake 9 89-6290 Pixie Point Homeowners Association 252450051 Lower Prior Lake 5 89-6378 Lakeside Manor Association 250550260 Lower Prior Lake 53 89-6456 Willow Beach Association 251080020 Upper Prior Lake 46 89-6458 Boudin's Manor Association 251530010 Lower Prior Lake 32 City Permit Spring Lake Estates Association 254400850 Spring Lake 54 City PUD Crystal Bay Association 254170250 Upper Prior Lake 21 e. No light or vibration originating from the business operation is discernible at the property line. f. Only equipment, machinery, and materials which are normally found in the home are used in the conduct of the home occupation. g. Space within the dwelling devoted to the home occupation does not exceed 400 square feet or 10% of the floor area, whichever is greater. h. No portion of the home occupation is permitted within any attached or detached accessory building. i. The structure housing the home occupation conforms to the Building Code; and in the case where the home occupation is a day care or if there are any customers or students, the home occupation has received a Certificate of Occupancy. j. All home occupations shall be subject to an annual inspection to insure compliance with the above conditions. k. All applicable permits from other governmental agencies have been obtained. (2) Group Day Care/Nursery School in a religious institution, community center, or academic educational institution complying with all of the following conditions: a. At least 40 square feet of outside play space per pupil is provided. b. The outside play areas are fenced and screened with a buffer yard. c. Drop off and loading points are established which do not interfere with traffic and pedestrian movements. 1102.405 Dimensional Standards. (1) No structure shall exceed 3 stories or 35 feet in height, whichever is less, except as provided in Subsection 1101.508. (2) The ground floor area ratio within the R-1 Use District shall not exceed 0.3. (3) The following minimum requirements and those additional requirements, exception and modifications contained in provisions (4) through (9) below and in the Subdivision Ordinance shall govern the use and development of lots in the "R-1" Use District. Lot Area (Sq. ft.) Lot Width (ft.) Front Yard (ft.) Side Yard (ft.) Rear Yard (ft.) 12,000 86 25 10 25 (4) Density: The minimum density for new development in the R-1 Use District is 2 units per acre. The maximum density for new development in the R-1 Use District is 4 units per acre. These densities shall be achieved utilizing the minimum lot areas listed in Subsection 1102.405 (3). (5) The depth of the front yard of a lot shall be at least 25 feet. The depth of the required front yard may be reduced if the average depth of at least 2 existing front yards, for buildings within 150 feet along the same block front of the lot in question is less than 25 feet. However, the depth of a front yard shall not be less than 20 feet. (6) Through lots and corner lots shall have a required front yard on each street. (7) The width of the side yard setback abutting a building wall shall be increased 2 inches for each 1 foot the length of the building wall exceeds 60 feet. The additional setback will not be applied if there is a break in the building wall equal to 10% of the entire length of the wall. For the purpose of this subsection, a wall includes any building wall within 10 degrees of being parallel to and abutting the side lot line of a lot. (8) Side yard widths may be reduced if the side wall of a building is not parallel by more than 10 degrees with the side lot line, to permit the average depth of the side yard to conform to the minimum side yard depth in the District, but no side yard shall be less than 5 feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. (9) A single family dwelling which legally existed or for which a valid building permit had been granted on or before the effective date of this Ordinance, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard, and provided the combined width of the side yard for the building and the adjacent building is not less than 10 feet. (10) Any parcel which is subdivided for the purpose of creating condominium ownership is permitted provided that the overall density created within all condominium parcels and the common lot does not exceed the maximum density permitted within the zoning district. Any front, rear, and side yard dimensions shall apply from the building face to the property line of the common lot. (11) The lot width and lot area allowed in the R-1 Use District may be reduced to no less than 80 feet in width and 11,000 square feet in area if the property abuts an outlot area designated for public drainage and/or utility lines. The following criteria must also be met:  Lots may have side yards of not less than 5 feet for interior side yards which abut the outlot area.  No fences, walls, accessory structures or overhangs are allowed within the outlot area. (Ord. Amend. 114-01, publ. 1/18/14) 1102.500: "R-2" MEDIUM DENSITY RESIDENTIAL USE DISTRICT. The purpose of the "R- 2" Low To Medium-Density Residential Use District is to provide areas which are or will be developed with a mixture of residential dwelling types that are of an overall low to medium density. 1102.501 Permitted Uses. The following uses are permitted in the "R-2" Medium-Density Residential Use District if the use complies with the Residential Restrictions and Performance Standards of subsection 1102.700:  Single Family Dwellings  Two Family Dwellings  State Licensed Residential Facilities as regulated by Minnesota State Statutes  Parks and Open Spaces  Group Home - Statutory 1102.502 Uses Permitted With Conditions. A structure or land in an "R-2" Medium Density Residential Use District may be used for one or more of the following uses if its use complies with the conditions stated in subsection 1102.700 and those specified for the use in this subsection. (1) Group Home - Non-Statutory. Conditions: a. At least 800 square feet of lot area shall be provided for each person housed on the site. b. At least 150 square feet of usable open space shall be provided for each person housed on the site. c. The residence structure shall be occupied by not more than 6 persons under treatment and 2 staff persons. d. The residence structure shall provide one bedroom for each 2 persons accommodated in group living quarters. e. The residence structure shall provide one bathroom for each 4 persons accommodated in group living quarters. f. The use shall not be located within 1500 feet of another group home. (2) Community Centers. Conditions: a. The building shall not be located within 50 feet of any lot line of a lot in an "R" Use District. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor areas intended for group activities shall be located at least 25 feet from any lot in an "R" Use District and shall be buffered from such residential lot with a bufferyard, Type C as defined in Subsection 1107.2005. (3) Educational (Academic). Conditions: a. Buildings shall be located at least 50 feet from a lot line in an "R" Use District. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an "R" Use District, and shall be buffered from such residential use with a bufferyard, Type C as defined in Subsection 1107.2005. (4) Libraries. Conditions: a. Buildings shall be located at least 25 feet from a lot in an "R" Use District. (5) Park/Recreation. Conditions: a. The principal structure shall be located at least 50 feet from a lot in an "R" Use District. b. Areas designated for group activities shall be located a minimum of 25 feet from a lot in an "R" Use District. c. A bufferyard, Type C as defined in Subsection 1107.2005, shall be constructed along the property line when a community park abuts property residentially used or in one of the "R" Use Districts. This provision shall not require a fence within the required front yard or where it interferes with traffic visibility at intersections. d. The entire site other than that taken up by structures, required buffer yards, or other landscaped areas shall be surfaced with a material to control dust and drainage. e. Swimming pools shall be located at least 50 feet from any lot line and at least 12 feet from any other structure on the same lot. f. A drainage system approved by the City Engineer shall be installed. g. Facilities which serve a community-wide or regional function shall be located with primary vehicular access on a collector or arterial street. h. Facilities within 300 feet of property in an "R" District that require night lighting shall be lighted according to a lighting plan approved by the City which shall include fixture specifications and demonstrate that off-site impacts will be minimized. (6) Religious Institutions. Conditions: a. All buildings shall be located at least 30 feet from any lot line of 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. (7) Bed and Breakfast Establishments. Conditions: a. The facility shall be owner-occupied. b. The required parking shall be screened with a bufferyard Type B as defined by Subsection 1107.2005. c. The total number of guests shall be limited to 6. d. Not more than 50 percent of the gross floor area of the residence shall be used for the guesthouse operation. e. Only exterior alterations which do not alter the exterior appearance from its single-family character will be allowed. f. Accommodations may be provided to a guest for a period not exceeding 14 days. g. Food service shall be limited to breakfast and afternoon tea. h. Rented rooms shall not contain cooking facilities. i. Rooms used for sleeping shall be part of the primary residential structure and shall not have been constructed specifically for rental purposes. j. No more than 50 percent of the rear yard may be paved or used for parking. (8) Accessory Apartments: Conditions: a. Accessory apartments shall be allowed within a single family dwelling for the following purposes:  More efficient utilization of the existing single family housing stock in the city;  Provision of housing which allows privacy and independence for older family members;  Preservation of property values and maintenance of the character of existing single family neighborhoods; and  Provision of housing for live-in employees, such as nannies, or other persons employed for medical or domestic purposes on the premises. b. For the purpose of this subdivision, the following definitions shall apply:  “Housekeeping Unit” - all persons residing within a single family house whose relationship includes a substantial amount of social interaction including the sharing of housekeeping responsibilities or expenses or the taking of meals together;  “Living Space” - the area within a house which is suitable for human habitation including suitable finished basement areas but excluding garages, services areas and unfinished portions of the building;  “Owner” - the person who holds fee title or is a bona fide purchaser under a contract for deed of the property;  “Unit of Housing” - one or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities separate from those of another unit of housing and intended for the exclusive use of a single housekeeping unit; and  “Temporary Absence” - establishing residence outside of the twin cities metropolitan area for a period not to exceed 12 months but during which period the subject property continues to be the applicant's legal or principal residence. c. No accessory apartment shall be created or used except in conformity with the following:  An accessory apartment may be created only within a single family dwelling and no more than one apartment to be created in any dwelling;  Single family dwellings in which an accessory apartment is created must be owner-occupied, with the owner residing in either unit on a continuous basis except for temporary absences throughout the period during which the permit is valid;  A minimum of 2 off-street parking spaces must be provided for each unit of housing with such parking to be in a garage, carport or on a paved area specifically intended for that purpose but not within a required turnaround;  In an existing single family dwelling, an accessory apartment may be created by the conversion of living space within the house but not by conversion of garage space unless space is available for a two car garage on the lot without the need for a variance;  An accessory apartment must be no more than 35 percent of the gross living area of the house or 950 square feet, whichever is smaller. The gross living area includes the accessory apartment.  Exterior changes to the house must not substantially alter the single family character of the structure;  No apartment may be created except in compliance with all applicable building, housing, electrical, plumbing, heating and related codes of the city;  An accessory apartment is permitted only where it is demonstrated that the it will not have an undue adverse impact on adjacent properties and where there will not be a substantial alteration of the character of the neighborhood; and  All other provisions of this ordinance relating to single family dwelling units are met, unless specifically amended by this subdivision. 1102.503 Uses Permitted By Conditional Use Permit. No structure or land in any "R-2" Medium-Density Residential Use District shall be used for the following uses except by Conditional Use Permit. These uses shall comply with the Residential Performance Standards of Subsection 1102.700, the requirements of all the general conditions provided in Subsections 1108.202 through 1108.204, with the Specific Conditions imposed in this subsection and with any other conditions the Planning Commission may impose. (1) Cluster Housing. Conditions: a. Cluster housing shall meet the following minimum requirements: (1) No more than 4 dwelling units shall be incorporated in a single building; (2) The density of development shall not exceed the density allowed in the R-2 Use District; (3) This section of the Zoning Ordinance shall not be applied to conversion of existing dwelling units but may be applied to site clearance and redevelopment. Existing units may be incorporated into new development plans when such units are not converted or added to; (4) There shall be 600 square feet of useable open space for each dwelling unit. b. The applicant shall clearly demonstrate through the application and site plan that a superior development would result by clustering. The presence of a "superior development" shall be determined by reference to the following criteria: (1) The presence and preservation of topographic features, woods and trees, water bodies and streams, and other physical and ecological conditions; (2) Suitable provisions for permanently retaining and maintaining the amenities and open space; (3) Locating and clustering the buildings to preserve and enhance existing natural features and scenic views, aesthetically pleasing building forms and materials, addition of landscaping to screen development, recognition of existing development and public facilities, and consistency with City goals and plans for the areas. (2) Public Service Structures. Conditions: a. All exterior faces of all buildings shall meet the provisions of Subsection 1107.2200. b. All structures shall be located a minimum of 15 feet from any lot in an "R" Use District. c. All service drives shall be paved. d. A bufferyard, Type C as defined in Subsection 1107.2005, shall be installed and maintained along all property lines abutting an "R" Use District. (3) Golf Courses. Conditions: a. All structures shall be located a minimum of 30 feet from any adjacent lot in an "R" Use District. (4) Country Clubs. Conditions: a. All structures shall be located a minimum of 30 feet from any adjacent lot in an "R" Use District. (5) Marinas. Conditions: a. A bufferyard Type C as defined in Subsection 1107.2005, shall be constructed along the property line where it abuts property residentially used or if it abuts any "R" Use Districts. b. Lake Service Signs, as regulated by Subsection 1107.809 are permitted. c. Lighting shall be provided for safety and security only, and shall not be directed at the lake or at adjacent properties. Lights for parking lots, building and dock identification may have no more than 0.5 foot candles at the property line or at the edge of the dock structure furthest from the shore. d. Boat tours are permitted between the hours of 8:00 am and 10:00 pm. e. One stall for each 4 boat slips must be provided. If tour boats are based at the marina, an additional 1 parking space for each 4 seats on the boat is required. f. Retail sales are limited to motors, parts, bait, equipment, gas and oil, and accessories. (5) Marina, Commercial. Conditions: a. The minimum lot size shall be one (1) acre. b. The lot shall provide paved off-street parking at a minimum ratio of one (1) parking space per four (4) boat slips; parking shall not be located below the Ordinary High Water Elevation and further meet the standards in Subsection 1104.501(1) of this Ordinance. In addition, a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Elevation sufficient to capture and filter all run-off from the parking. Additional off-street parking may be required for boat tours or if the Zoning Administrator determines that an ancillary use requires additional parking. c. The lot shall have public bathrooms connected to municipal sanitary sewer as approved by the City. d. The lot shall meet the impervious surface coverage requirements in Subsection 1104.306 of this Ordinance. For purposes Subsection 1104.306 (2) and (3), Commercial Marinas shall be defined as a permitted commercial (“C”) use. e. All General Performance Standards in Section 1107 of this Ordinance shall apply. Bufferyards, Type C, as defined in Subsection 1107.2005, shall be constructed along any “R” Use District. Signage shall be allowed per Subsection 1107.810 for Lake Services and further meet the standards in Subsection 1104.501(3) of this Ordinance. f. Hours of operation for boat tours shall be limited to between 7:00 a.m. and 10:00 p.m., seven days a week. g. Commercial Marinas shall obtain and comply with a permit issued by the Minnesota Department of Natural Resources. The permit shall determine the number of allowable Boat Slips. (6) Marina, Recreational. Conditions: a. The minimum lot size shall be one (1) acre. b. The allowable number of Boat Slips shall be based on the conditions identified in Subsection 1104.307(3) and (5). c. The lot shall provide paved off-street parking at a minimum ratio of one (1) parking space per four (4) Boat Slips; parking shall not be located below the Ordinary High Water Elevation and shall further meet the standards in Subsection 1104.501(1) of this Ordinance. In addition, a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Elevation sufficient to capture and filter all run-off from the parking. d. The lot shall meet the impervious surface coverage requirements in Subsection 1104.306 of this Ordinance. For purposes Subsection 1104.306 (2) and (3), Recreational Marinas shall be defined as a permitted commercial (“C”) use. e. All General Performance Standards in Section 1107 of this Ordinance shall apply. Bufferyards, Type C, as defined in Subsection 1107.2005, shall be constructed along any “R” Use District. Signage shall be allowed per Subsection 1107.810 for Lake Services and shall further meet the standards in Subsection 1104.501(3) of this Ordinance. (76) Free-Standing Parking Lots. Conditions: a. The parking lot must be accessory to an existing nonresidential or recreational use located within the same Zoning Use District. b. The parking lot must be located within 500 feet of the existing nonresidential or recreational use. c. The parking lot must meet all the provisions listed in Subsections 1107.203(11), 1107.203(13), and Subsection 1107.204. d. No storage of any kind is permitted on the site. e. No structures are permitted on the site. (87) Recreational Dome. Conditions: a. The dome must be accessory to an existing use located within the same Zoning District. b. No outdoor storage of any kind is permitted on the site. c. A bufferyard, Type C as defined in Subsection 1107.2005, shall be installed and maintained along on property lines abutting an “R” use district. d. Hours of operation shall be limited to 5 a.m. to 10 p.m. on weekdays and 5 a.m. to 11 p.m. on weekends. e. All mechanical equipment shall be fully screened. f. All structures shall be located a minimum of 60 feet from any adjacent lot line in an “R” use district, and the setback shall be increased by an additional foot for each foot in height that the structure exceeds 60 feet. g. No light or vibration originating from the structure or supporting equipment shall be discernible at the property line. h. The structure shall not exceed 75 feet in height. i. The structure shall be of a color that provides for maximum integration within its surroundings. j. The dome structure shall be fully insulated. (9) Controlled Access Lot on General Development Lake. Conditions a. The lot must be suitable for the intended use as a Mooring Facility. b. The lot must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of non-riparian lots in the subdivision who are provided access rights on the lot. c. The lot must meet, at a minimum, the width and area requirements for a Single- Family residential riparian lot. d. The allowable number of Boat Slips for a Controlled Access Lot shall be based on the conditions identified in Subsection 1104.307(3); provided however, in no case shall the number of Boat Slips exceed one (1) Boat Slip for every twenty (20) feet of lot width as measured at the Ordinary High Water Elevation. e. Covenants must be recorded against the Controlled Access Lot and all benefiting lots that specify which lot owners have authority to use the Controlled Access Lot and what activities are allowed. The activities may include watercraft launching, loading, storing, beaching, mooring, or docking. The covenants may also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the non-significant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number of watercraft allowed to be securely moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alteration. The covenants must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical, from view from public water, assuming summer, leaf-on conditions. f. Functioning restroom facilities shall be accessible on the lot for all users of the lot 24 hours per day during the boating season (from May 1 through September 30). The restrooms shall either be connected to municipal sanitary sewer or shall be Portable Toilets as approved by the Zoning Administrator. g. No dock, mooring facility or other structure shall be located so as to:  Obstruct the navigation of any lake;  Obstruct reasonable use or access to any other dock, mooring facility or other structure;  Present a potential safety hazard; or  Be detrimental to significant fish and wildlife habitat or protected vegetation. h. Docks and mooring facilities shall be setback a minimum of ten (10) feet from side property lines as measured at the Ordinary High Water Elevation. Docks and mooring facilities shall be located a minimum of ten (10) feet from a straight line extension of the side property lines of the lot into the Lake. This requirement may be adjusted, at the discretion of the Zoning Administrator, in cases where topography significantly limits the placement of docks. i. One (1) paved off-street parking space shall be provided for each four (4) Boat Slips for which the owners, lessees or users do not live within one thousand (1,000) feet of the Controlled Access Lot. In addition, a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Elevation sufficient to capture and filter all run-off from the parking area. j. The storage of materials that are flammable, explosive, or potentially injurious to human, animal, or plant life upon any Controlled Access Lot, dock or mooring facility is prohibited. k. No oscillating, rotating, flashing, moving or advertising signs shall be permitted on any Controlled Access Lot, dock or mooring facility. l. Access across wetlands is permitted only in accordance with the State and Federal wetland regulations. m. Controlled Access Lots shall meet the Residential Performance Standards of Subsection 1102.700. n. Garbage receptacles shall be made available on the lot for use during the boating season (from May 1 through September 30) and all garbage receptacles shall be emptied on a regular basis to avoid the accumulation of refuse. o. All docks, mooring facilities, and Controlled Access Lots legally existing on the date of this ordinance which do not meet the above listed conditions shall be considered legally nonconforming and the use may be continued in conformance with Minnesota Statutes Section 462.357 Subd. 1e, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. It is the intent of the City of Prior Lake to allow legally nonconforming Controlled Access Lots to maintain the number of Boat Slips which were approved via permit issued by the City of Prior Lake or Minnesota Department of Natural Resources as of the date of adoption of this ordinance. Below is a list of legally nonconforming Controlled Access Lots and the number of Boat Slips permitted for each. 1102.504 Accessory Uses. The following uses shall be permitted accessory uses in an "R- 2" Medium-Density Residential Use District:  Detached private structures as regulated in Section 1102.700 (8).  Off-street parking spaces.  Private swimming pool and tennis court,  Family Day Care facilities serving 14 or fewer persons.  Boarder. Keeping of not more than 2 boarders or roomers by a resident family.  Signs, as regulated by Subsection 1107.400 to 1107.1700.  Gardening and other horticultural uses. Permit #Association Name Parcel ID Number (PIN)Water Body # of Slips Permitted 88-6322 Windsong on the Lake 252360310 Lower Prior Lake 26 89-6013 Harbor Community Association 252030070 Lower Prior Lake 60 89-6021 Oakland Beach Homeowners Association 251700010 Lower Prior Lake 39 89-6022 Island View 1st Add. Association 251430700 Upper Prior Lake 36 89-6002 Island View 5th Add. Association 252520320 Upper Prior Lake 20 89-6035 Mitchell Pond Association 251110260 Lower Prior Lake 23 89-6272 Fish Point Beach Homeowners Association 259360520 Lower Prior Lake 9 89-6290 Pixie Point Homeowners Association 252450051 Lower Prior Lake 5 89-6378 Lakeside Manor Association 250550260 Lower Prior Lake 53 89-6456 Willow Beach Association 251080020 Upper Prior Lake 46 89-6458 Boudin's Manor Association 251530010 Lower Prior Lake 32 City Permit Spring Lake Estates Association 254400850 Spring Lake 54 City PUD Crystal Bay Association 254170250 Upper Prior Lake 21  Decorative landscape features including but not limited to pools, arbors, and terraces.  Adult Day Care in a religious institution, community Center, or nursing home is 150 square feet of outdoor sitting and exercise area per person under care at peak periods is provided.  Yard sales, provided each does not exceed 4 days in duration, and there are no more than 3 sales per year conducted on the premises. Signage for this use is regulated by Subsection 1107.709. (1) Home occupations shall be permitted accessory uses in the "R-2" Low To Medium-Density Residential Use District provided a home occupation permit has been issued and the use is in compliance with all of the following conditions: a. All material or equipment shall be stored within an enclosed structure. b. Operation of the home occupation is not apparent from the public right-of-way or any lake, except for parking of 1 vehicle not to exceed 9,000 pounds gross vehicle weight. c. The activity does not involve warehousing, distribution, or retail sales of merchandise produced off the site, except that storage up to 200 cubic feet of products and materials used to carry on the home occupation is permitted. d. No person is employed at the residence who does not legally reside in the home except that a licensed Group Family Day Care Facility may have one outside employee. e. No light or vibration originating from the business operation is discernible at the property line. f. Only equipment, machinery, and materials which are normally found in the home are used in the conduct of the home occupation. g. Space within the dwelling devoted to the home occupation does not exceed 400 square feet or 10% of the floor area, whichever is greater. h. No portion of the home occupation is permitted within any attached or detached accessory building. i. The structure housing the home occupation conforms to the building code; and in the case where the home occupation is day care or if there are any customers or students, the home occupation has received a Certificate of Occupancy. j. All home occupations shall be subject to an annual inspection to insure compliance with the above conditions. k. All applicable permits from other governmental agencies have been obtained. (2) Group Day Care/Nursery School in a religious institution, community center, or academic educational institution are permitted provided they comply with all of the following conditions: a. At least 40 square feet of outside play space per pupil is provided. b. The outside play areas are fenced and screened with a bufferyard; and c. Drop off and loading points are established which do not interfere with traffic and pedestrian movements. 1102.505 Dimensional Standards. No structure shall exceed 3 stories or 35 feet in height, whichever is less, except as provided in Subsection 1101.508. The ground floor area ratio within the R-2 Use District shall not exceed 0.3. (1) The following minimum requirements and those additional requirements, exceptions and modifications contained in subsection (2) through (7) below, and in the Subdivision Ordinance, shall govern the use and development of lots in the R-2 District. Land Use Lot Area (square feet) Lot Width (feet) Lot Depth (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Single Family 6,000 60 90 25 25 10 Two Family 12,000 75 120 25 25 10 Cluster Housing 30,000 100 200 25 25 10 Other Uses 15,000 100 150 25 25 10 (2) The minimum density for new developments in the R-2 Use District is 4.1 units per acre. The maximum density for new developments in the R-2 Use District is 7.0 units per acre. These densities shall be achieved utilizing the minimum lot area listed in Subsection 1102.505 (1). (3) The depth of the front yard of a lot shall be at least 25 feet. The depth of the required front yard may be reduced if the average depth of at least 2 existing front yards, for buildings within 150 feet along the same block front of the lot in question, is less than 25 feet. However, the depth of a front yard shall not be less than 20 feet. (4) Through lots and corner lots shall have a required front yard on each street. (5) The width of the side yard setback abutting a building wall shall be increased 2 inches for each foot the length of the building wall exceeds 60 feet. The additional setback will not be applied if there is a break in the building wall equal to 10% of the entire length of the wall. For the purpose of this subsection, a wall includes any building wall within 10 degrees of being parallel to and abutting the side lot line of a lot. (6) Side yard widths may be reduced if the side wall of a building is not parallel by more than 10 degrees with the side lot line, to permit the average depth of the side yard to conform to the minimum side yard depth in the District, but no side yard shall be less than 5 feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. (7) A single family house which legally existed or for which a valid building permit had been granted on or before the effective date of this Ordinance, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard, and provided the combined width of the side yard for the building and the adjacent building is not less than 15 feet. (8) Any parcels which are subdivided for the purpose of creating condominium ownership are permitted provided that the overall density created within all condominium parcels and the common lot does not exceed the maximum density permitted within the "R-2" Use District. Any front, rear, and side yard dimensions shall apply from the building face to the property line of the common lot. 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 “I-1” General Industrial Use District 1102.1500: Industrial Performance Standards 1102.1600: Expansion of a Nonconforming Restaurant Use (Subsections 1102.100 – 1102.300 and 1102.600 – 1102.1600 were removed for purpose of this Zoning Ordinance review only) 1102.400: "R-1" Low Density Residential. The purpose of the "R-1" Low-Density Residential Use District is to provide areas where the emphasis is on single-family residential development. The Use District provides for other uses which are compatible with the overall low-density of these areas and which will serve the residential neighborhood. 1102.401 Permitted Uses. The following uses are permitted in the "R-1" Single Family Residential Use District if the use complies with the Residential Performance Standards of Subsection 1102.700: Single Family Dwellings State Licensed Residential Facilities as permitted by Minnesota State Statutes. Parks and Open Spaces Group Homes/Statutory 1102.402 Uses Permitted With Conditions. A structure or land in an "R-1" Single Family Residence Use District may be used for 1 or more of the following uses if its use complies with the conditions stated in Subsection 1102.700 and those specified for the use in this subsection. (1) Group Home/Non-Statutory. Conditions: a.At least 800 square feet of lot area shall be provided for each person housed on the site. b.At least 150 square feet of usable open space shall be provided for each person housed on the site. c. The residence structure shall be occupied by not more than 6 persons under treatment, and 2 staff persons. d. The residence structure shall provide one bathroom for each 4 persons accommodated in group living quarters. e. The residence structure shall provide one bedroom for each 2 persons accommodated in group living quarters. f. The use shall not be located within 1500 feet of another group home. (2) Community Centers. Conditions: a. The building shall not be located within 50 feet of any lot line of a lot in an "R" Use District. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor areas intended for group activities shall be located at least 25 feet from any lot in an "R" Use District and shall be buffered from such residential lot with a bufferyard, Type C as defined in Subsection 1107.2005. (3) Educational (Academic). Conditions: a. Buildings shall be located at least 50 feet from a lot in an "R" Use District. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an "R" Use District, and shall be buffered from such residential use with a bufferyard, Type C as defined in Subsection 1107.2005. (4) Libraries. Conditions: a. Buildings shall be located at least 25 feet from a lot line in an "R" Use District. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. (5) Park/Recreation. Conditions: a. The principal structure shall be located at least 50 feet from a lot in an "R" Use District. b. Areas designated for group activities shall be located a minimum of 25 feet from a lot in an "R" Use District. c. A bufferyard, Type C as defined in Subsection 1107.2005, shall be constructed along the property line when a community park abuts property residentially used or in one of the "R" Use Districts. This provision shall not require a fence within the required front yard or where it interferes with traffic visibility at intersections. d. The entire site other than that taken up by structures, required buffer yards or other landscaped areas shall be surfaced with a material to control dust and drainage. e. Swimming pools shall be located at least 50 feet from any lot line and at least 12 feet from any other structure on the same lot. f. A drainage system approved by the City Engineer shall be installed. g. Facilities which serve a community-wide or regional function shall be located with primary vehicular access on a collector or arterial street. h. Facilities within 300 feet of a property in an "R" District that require night lighting shall be lighted according to a lighting plan approved by the City which shall include fixture specifications and demonstrate that off-site impacts will be minimized. (6) Religious Institutions. Conditions: a. All buildings shall be located at least 30 feet from any lot line of 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. (7) Bed and Breakfast Establishments. Conditions: a. The facility shall be owner-occupied. b. The required parking shall be screened with a bufferyard Type B as defined in Subsection 1107.2005. c. The total number of guests shall be limited to 6. d. Not more than 50% of the gross floor area of the residence shall be used for the guesthouse operation. e. Only exterior alterations which do not alter the exterior appearance from its single- family character will be allowed. f. Accommodations may be provided to a guest for a period not exceeding 14 days. g. Food service shall be limited to breakfast and afternoon tea. h. Rented rooms shall not contain cooking facilities. i. Rooms used for sleeping shall be part of the primary residential structure and shall not have been constructed specifically for rental purposes. j. No more than 50% of the rear yard may be paved or used for parking. (8) Accessory Apartments: Conditions: a. Accessory apartments shall be allowed within a single family dwelling for the following purposes:  More efficient utilization of the existing single family housing stock in the city;  Provision of housing which allows privacy and independence for older family members;  Preservation of property values and maintenance of the character of existing single family neighborhoods; and  Provision of housing for live-in employees, such as nannies, or other persons employed for medical or domestic purposes on the premises. b. For the purpose of this subdivision, the following definitions shall apply:  “Housekeeping Unit” - all persons residing within a single family house whose relationship includes a substantial amount of social interaction including the sharing of housekeeping responsibilities or expenses or the taking of meals together;  “Living Space” - the area within a house which is suitable for human habitation including suitable finished basement areas but excluding garages, services areas and unfinished portions of the building;  “Owner” - the person who holds fee title or is a bona fide purchaser under a contract for deed of the property;  “Unit of Housing” - one or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities separate from those of another unit of housing and intended for the exclusive use of a single housekeeping unit; and  “Temporary Absence” - establishing residence outside of the twin cities metropolitan area for a period not to exceed 12 months but during which period the subject property continues to be the applicant's legal or principal residence. c. No accessory apartment shall be created or used except in conformity with the following:  An accessory apartment may be created only within a single family dwelling and no more than one apartment to be created in any dwelling;  Single family dwellings in which an accessory apartment is created must be owner-occupied, with the owner residing in either unit on a continuous basis except for temporary absences throughout the period during which the permit is valid;  A minimum of 2 off-street parking spaces must be provided for each unit of housing with such parking to be in a garage, carport or on a paved area specifically intended for that purpose but not within a required turnaround;  In an existing single family dwelling, an accessory apartment may be created by the conversion of living space within the house but not by conversion of garage space unless space is available for a two car garage on the lot without the need for a variance;  An accessory apartment must be no more than 35 percent of the gross living area of the house or 950 square feet, whichever is smaller. The gross living area includes the accessory apartment.  Exterior changes to the house must not substantially alter the single family character of the structure;  No apartment may be created except in compliance with all applicable building, housing, electrical, plumbing, heating and related codes of the city;  An accessory apartment is permitted only where it is demonstrated that the it will not have an undue adverse impact on adjacent properties and where there will not be a substantial alteration of the character of the neighborhood; and  All other provisions of this ordinance relating to single family dwelling units are met, unless specifically amended by this subdivision. 1102.403 Uses Permitted by Conditional Use Permit. No structure or land in any "R-1" Single Family Residential Use District shall be used for the following uses except by Conditional Use Permit. These uses shall comply with the Residential Performance Standards of Subsection 1102.700, the requirements of all the general conditions provided in Subsections 1108.202 through 1108.204, with the Specific Conditions imposed in this subsection and with any other conditions the Planning Commission may impose. (1) Cluster Housing. Conditions: a. Cluster housing shall meet the following minimum requirements: (1) No more than four dwelling units shall be incorporated in a single building; (2) The density of development shall not exceed the density allowed in an "R-1" Single Family Residential Use District; (3) This subsection shall not be applied to conversion of existing dwelling units into cluster housing but may be applied to site clearance and redevelopment. Existing units may be incorporated into new development plans when such units are not converted or added to; (4) there shall be 600 square feet of usable open space for each dwelling unit. b. The applicant shall clearly demonstrate through the application and site plan that a superior development would result by clustering. The presence of a superior development shall be determined by reference to the following criteria: (1) The presence and preservation of topographic features, woods and trees, water bodies and streams, and other physical and ecological conditions; (2) Suitable provisions for permanently retaining and maintaining the amenities and open space; (3) Locating and clustering the buildings to preserve and enhance existing natural features and scenic views, aesthetically pleasing building forms and materials, addition of landscaping to screen development, recognition of existing development and public facilities, and consistency with City goals and plans for the areas. (2) Public Service Structures. Conditions: a. All exterior faces of all buildings shall meet the provisions of Subsection 1107.2200. b. All structures shall be located a minimum of 15 feet from any lot in an "R" Use District. c. A bufferyard, Type C as defined in Subsection 1107.2005, shall be installed and maintained along all property lines abutting an "R" Use District. (3) Golf Courses. Conditions: a. All structures shall be located a minimum of 30 feet from any adjacent lot in an "R" Use District. (4) Country Clubs. Conditions: a. All structures shall be located a minimum of 30 feet from any adjacent lot in an "R" Use District. (5) Free-Standing Parking Lots. Conditions: a. The parking lot must be accessory to an existing nonresidential or recreational use located within the same Zoning Use District. b. The parking lot must be located within 500 feet of the existing nonresidential or recreational use. c. The parking lot must meet all the provisions listed in Subsections 1107.203(11), 1107.203(13), and 1107.204. d. No storage of any kind is permitted on the site. e. No structures are permitted on the site. (6) Recreational Dome. Conditions: a. The dome must be accessory to an existing use located within the same Zoning District. b. No outdoor storage of any kind is permitted on the site. c. A bufferyard, Type C as defined in Subsection 1107.2005, shall be installed and maintained along on property lines abutting a “R” use district. d. Hours of operation shall be limited to 5 a.m. to 10 p.m. on weekdays and 5 a.m. to 11 p.m. on weekends. e. All mechanical equipment shall be fully screened. f. All structures shall be located a minimum of 60 feet from any adjacent lot line in an “R” use district, and the setback shall be increased by an additional foot for each foot in height that the structure exceeds 60 feet. g. No light or vibration originating from the structure or supporting equipment shall be discernible at the property line. h. The structure shall not exceed 75 feet in height. i. The structure shall be of a color that provides for maximum integration within its surroundings. j. The dome structure shall be fully insulated. (7) Controlled Access Lot on General Development Lake. Conditions a. The lot must be suitable for the intended use as a Mooring Facility. b. The lot must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of non-riparian lots in the subdivision who are provided access rights on the lot. c. The lot must meet, at a minimum, the width and area requirements for a Single- Family residential riparian lot. d. The allowable number of Boat Slips for a Controlled Access Lot shall be based on the conditions identified in Subsection 1104.307(3); provided however, in no case shall the number of Boat Slips on Spring Lake exceed one (1) Boat Slip for every twenty (20) feet of lot width as measured at the Ordinary High Water Elevation and in no case shall the number of Boat Slips on Upper Prior Lake and Lower Prior Lake exceed one (1) Boat Slip for every twelve and one- half (12.5) feet of lot width as measured at the Ordinary High Water Elevation. The Prior Lake City Council finds that the more limited number of Boat Slips allowed for Controlled Access Lots on Spring Lake is appropriate due to the following:  Spring Lake has a high number of non-conforming lots due to insufficient lot area and width which creates overcrowding on and around the lake.  Spring Lake has a shallower depth than other lakes in the City resulting in a need to extend docks and mooring facilities further into the water to reach navigable depths, which results in additional overcrowding.  Spring Lake has historically had higher levels of Chlorophyll-a and Phosphorus than other lakes in the City causing the overcrowding to have additional impacts on water quality. e. Covenants must be recorded against the Controlled Access Lot and all benefiting lots that specify which lot owners have authority to use the Controlled Access Lot and what activities are allowed. The activities may include watercraft launching, loading, storing, beaching, mooring, or docking. The covenants may also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the non-significant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number of watercraft allowed to be securely moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alteration. The covenants must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical, from view from public water, assuming summer, leaf-on conditions. f. Functioning restroom facilities shall be accessible on the lot for all users of the lot 24 hours per day during the boating season (from May 1 through September 30). The restrooms shall either be connected to municipal sanitary sewer or shall be Portable Toilets as approved by the Zoning Administrator. g. No dock, mooring facility or other structure shall be located so as to:  Obstruct the navigation of any lake;  Obstruct reasonable use or access to any other dock, mooring facility or other structure;  Present a potential safety hazard; or  Be detrimental to significant fish and wildlife habitat or protected vegetation. h. Docks and mooring facilities shall be setback a minimum of ten (10) feet from side property lines as measured at the Ordinary High Water Elevation. Docks and mooring facilities shall be located a minimum of ten (10) feet from a straight line extension of the side property lines of the lot into the Lake. This requirement may be adjusted, at the discretion of the Zoning Administrator, in cases where topography significantly limits the placement of docks. i. One (1) paved off-street parking space shall be provided for each four (4) Boat Slips for which the owners, lessees or users do not live within one thousand (1,000) feet of the Controlled Access Lot. In addition, a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Elevation sufficient to capture and filter all run-off from the parking area. j. The storage of materials that are flammable, explosive, or potentially injurious to human, animal, or plant life upon any Controlled Access Lot, dock or mooring facility is prohibited. k. No oscillating, rotating, flashing, moving or advertising signs shall be permitted on any Controlled Access Lot, dock or mooring facility. l. Access across wetlands is permitted only in accordance with the State and Federal wetland regulations. m. Controlled Access Lots shall meet the Residential Performance Standards of Subsection 1102.700. n. Garbage receptacles shall be made available on the lot for use during the boating season (from May 1 through September 30) and all garbage receptacles shall be emptied on a regular basis to avoid the accumulation of refuse. o. All docks, mooring facilities, and Controlled Access Lots legally existing on the date of this ordinance which do not meet the above listed conditions shall be considered legally nonconforming and the use may be continued in conformance with Minnesota Statutes Section 462.357 Subd. 1e, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. It is the intent of the City of Prior Lake to allow legally nonconforming Controlled Access Lots to maintain the number of Boat Slips which were approved via permit issued by the City of Prior Lake or Minnesota Department of Natural Resources as of the date of adoption of this ordinance. Below is a list of legally nonconforming Controlled Access Lots and the number of Boat Slips permitted for each. 1102.404 Accessory Uses. The following uses shall be permitted accessory uses in an "R-1" Single Family Residential Use District:  Detached private structures as regulated in Subsection 1102.700 (8).  Off-street parking spaces.  Private swimming pool and tennis court.  Family Day Care Facilities serving 14 or fewer persons.  Boarders. Keeping of not more than 2 boarders or roomers by a resident family.  Signs, as regulated by Subsection 1107.400 to 1107.1700.  Gardening and other horticultural uses.  Decorative landscape features including but not limited to pools, arbors and terraces.  Adult Day Care in a religious institution, community center, or nursing home if 150 square feet of outdoor sitting and exercise area per person under care at peak periods is provided.  Yard Sales, provided each does not exceed 4 days in duration, and there are no more than 3 sales per year conducted on the premises. Signage for this use is regulated by Subsection 1107.709. (1) Home Occupations are permitted accessory uses in an "R-1" Single Family Residential Use District if a home occupation permit has been issued and the use is in compliance with all of the following conditions: a. All material or equipment shall be stored within an enclosed structure. b. Operation of the home occupation is not apparent from the public right-of-way or any lake, except for parking of 1 vehicle not to exceed 9,000 pounds gross vehicle weight. Permit #Association Name Parcel ID Number (PIN)Water Body # of Slips Permitted 89-6021 Oakland Beach Homeowners Association 251700010 Lower Prior Lake 39 89-6022 Island View 1st Add. Association 251430700 Upper Prior Lake 36 89-6002 Island View 5th Add. Association 252520320 Upper Prior Lake 20 89-6035 Mitchell Pond Association 251110260 Lower Prior Lake 23 89-6272 Fish Point Beach Homeowners Association 259360520 Lower Prior Lake 9 89-6290 Pixie Point Homeowners Association 252450051 Lower Prior Lake 5 89-6378 Lakeside Manor Association 250550260 Lower Prior Lake 53 89-6456 Willow Beach Association 251080020 Upper Prior Lake 46 City Permit Spring Lake Estates Association 254400850 Spring Lake 54 c. The activity does not involve warehousing, distribution, or retail sales of merchandise produced off the site, except that storage up to 200 cubic feet of products and materials used to carry on the home occupation is permitted. d. No person is employed at the residence who does not legally reside in the home except that a licensed Group Family Day Care Facility may have one outside employee. e. No light or vibration originating from the business operation is discernible at the property line. f. Only equipment, machinery, and materials which are normally found in the home are used in the conduct of the home occupation. g. Space within the dwelling devoted to the home occupation does not exceed 400 square feet or 10% of the floor area, whichever is greater. h. No portion of the home occupation is permitted within any attached or detached accessory building. i. The structure housing the home occupation conforms to the Building Code; and in the case where the home occupation is a day care or if there are any customers or students, the home occupation has received a Certificate of Occupancy. j. All home occupations shall be subject to an annual inspection to insure compliance with the above conditions. k. All applicable permits from other governmental agencies have been obtained. (2) Group Day Care/Nursery School in a religious institution, community center, or academic educational institution complying with all of the following conditions: a. At least 40 square feet of outside play space per pupil is provided. b. The outside play areas are fenced and screened with a buffer yard. c. Drop off and loading points are established which do not interfere with traffic and pedestrian movements. 1102.405 Dimensional Standards. (1) No structure shall exceed 3 stories or 35 feet in height, whichever is less, except as provided in Subsection 1101.508. (2) The ground floor area ratio within the R-1 Use District shall not exceed 0.3. (3) The following minimum requirements and those additional requirements, exception and modifications contained in provisions (4) through (9) below and in the Subdivision Ordinance shall govern the use and development of lots in the "R-1" Use District. Lot Area (Sq. ft.) Lot Width (ft.) Front Yard (ft.) Side Yard (ft.) Rear Yard (ft.) 12,000 86 25 10 25 (4) Density: The minimum density for new development in the R-1 Use District is 2 units per acre. The maximum density for new development in the R-1 Use District is 4 units per acre. These densities shall be achieved utilizing the minimum lot areas listed in Subsection 1102.405 (3). (5) The depth of the front yard of a lot shall be at least 25 feet. The depth of the required front yard may be reduced if the average depth of at least 2 existing front yards, for buildings within 150 feet along the same block front of the lot in question is less than 25 feet. However, the depth of a front yard shall not be less than 20 feet. (6) Through lots and corner lots shall have a required front yard on each street. (7) The width of the side yard setback abutting a building wall shall be increased 2 inches for each 1 foot the length of the building wall exceeds 60 feet. The additional setback will not be applied if there is a break in the building wall equal to 10% of the entire length of the wall. For the purpose of this subsection, a wall includes any building wall within 10 degrees of being parallel to and abutting the side lot line of a lot. (8) Side yard widths may be reduced if the side wall of a building is not parallel by more than 10 degrees with the side lot line, to permit the average depth of the side yard to conform to the minimum side yard depth in the District, but no side yard shall be less than 5 feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. (9) A single family dwelling which legally existed or for which a valid building permit had been granted on or before the effective date of this Ordinance, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard, and provided the combined width of the side yard for the building and the adjacent building is not less than 10 feet. (10) Any parcel which is subdivided for the purpose of creating condominium ownership is permitted provided that the overall density created within all condominium parcels and t he common lot does not exceed the maximum density permitted within the zoning district. Any front, rear, and side yard dimensions shall apply from the building face to the property line of the common lot. (11) The lot width and lot area allowed in the R-1 Use District may be reduced to no less than 80 feet in width and 11,000 square feet in area if the property abuts an outlot area designated for public drainage and/or utility lines. The following criteria must also be met:  Lots may have side yards of not less than 5 feet for interior side yards which abut the outlot area.  No fences, walls, accessory structures or overhangs are allowed within the outlot area. (Ord. Amend. 114-01, publ. 1/18/14) 1102.500: "R-2" MEDIUM DENSITY RESIDENTIAL USE DISTRICT. The purpose of the "R- 2" Low To Medium-Density Residential Use District is to provide areas which are or will be developed with a mixture of residential dwelling types that are of an overall low to medium density. 1102.501 Permitted Uses. The following uses are permitted in the "R-2" Medium-Density Residential Use District if the use complies with the Residential Restrictions and Performance Standards of subsection 1102.700:  Single Family Dwellings  Two Family Dwellings  State Licensed Residential Facilities as regulated by Minnesota State Statutes  Parks and Open Spaces  Group Home - Statutory 1102.502 Uses Permitted With Conditions. A structure or land in an "R-2" Medium Density Residential Use District may be used for one or more of the following uses if its use complies with the conditions stated in subsection 1102.700 and those specified for the use in this subsection. (1) Group Home - Non-Statutory. Conditions: a. At least 800 square feet of lot area shall be provided for each person housed on the site. b. At least 150 square feet of usable open space shall be provided for each person housed on the site. c. The residence structure shall be occupied by not more than 6 persons under treatment and 2 staff persons. d. The residence structure shall provide one bedroom for each 2 persons accommodated in group living quarters. e. The residence structure shall provide one bathroom for each 4 persons accommodated in group living quarters. f. The use shall not be located within 1500 feet of another group home. (2) Community Centers. Conditions: a. The building shall not be located within 50 feet of any lot line of a lot in an "R" Use District. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor areas intended for group activities shall be located at least 25 feet from any lot in an "R" Use District and shall be buffered from such residential lot with a bufferyard, Type C as defined in Subsection 1107.2005. (3) Educational (Academic). Conditions: a. Buildings shall be located at least 50 feet from a lot line in an "R" Use District. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an "R" Use District, and shall be buffered from such residential use with a bufferyard, Type C as defined in Subsection 1107.2005. (4) Libraries. Conditions: a. Buildings shall be located at least 25 feet from a lot in an "R" Use District. (5) Park/Recreation. Conditions: a. The principal structure shall be located at least 50 feet from a lot in an "R" Use District. b. Areas designated for group activities shall be located a minimum of 25 feet from a lot in an "R" Use District. c. A bufferyard, Type C as defined in Subsection 1107.2005, shall be constructed along the property line when a community park abuts property residentially used or in one of the "R" Use Districts. This provision shall not require a fence within the required front yard or where it interferes with traffic visibility at intersections. d. The entire site other than that taken up by structures, required buffer yards, or other landscaped areas shall be surfaced with a material to control dust and drainage. e. Swimming pools shall be located at least 50 feet from any lot line and at least 12 feet from any other structure on the same lot. f. A drainage system approved by the City Engineer shall be installed. g. Facilities which serve a community-wide or regional function shall be located with primary vehicular access on a collector or arterial street. h. Facilities within 300 feet of property in an "R" District that require night lighting shall be lighted according to a lighting plan approved by the City which shall include fixture specifications and demonstrate that off-site impacts will be minimized. (6) Religious Institutions. Conditions: a. All buildings shall be located at least 30 feet from any lot line of 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. (7) Bed and Breakfast Establishments. Conditions: a. The facility shall be owner-occupied. b. The required parking shall be screened with a bufferyard Type B as defined by Subsection 1107.2005. c. The total number of guests shall be limited to 6. d. Not more than 50 percent of the gross floor area of the residence shall be used for the guesthouse operation. e. Only exterior alterations which do not alter the exterior appearance from its single-family character will be allowed. f. Accommodations may be provided to a guest for a period not exceeding 14 days. g. Food service shall be limited to breakfast and afternoon tea. h. Rented rooms shall not contain cooking facilities. i. Rooms used for sleeping shall be part of the primary residential structure and shall not have been constructed specifically for rental purposes. j. No more than 50 percent of the rear yard may be paved or used for parking. (8) Accessory Apartments: Conditions: a. Accessory apartments shall be allowed within a single family dwelling for the following purposes:  More efficient utilization of the existing single family housing stock in the city;  Provision of housing which allows privacy and independence for older family members;  Preservation of property values and maintenance of the character of existing single family neighborhoods; and  Provision of housing for live-in employees, such as nannies, or other persons employed for medical or domestic purposes on the premises. b. For the purpose of this subdivision, the following definitions shall apply:  “Housekeeping Unit” - all persons residing within a single family house whose relationship includes a substantial amount of social interaction including the sharing of housekeeping responsibilities or expenses or the taking of meals together;  “Living Space” - the area within a house which is suitable for human habitation including suitable finished basement areas but excluding garages, services areas and unfinished portions of the building;  “Owner” - the person who holds fee title or is a bona fide purchaser under a contract for deed of the property;  “Unit of Housing” - one or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities separate from those of another unit of housing and intended for the exclusive use of a single housekeeping unit; and  “Temporary Absence” - establishing residence outside of the twin cities metropolitan area for a period not to exceed 12 months but during which period the subject property continues to be the applicant's legal or principal residence. c. No accessory apartment shall be created or used except in conformity with the following:  An accessory apartment may be created only within a single family dwelling and no more than one apartment to be created in any dwelling;  Single family dwellings in which an accessory apartment is created must be owner-occupied, with the owner residing in either unit on a continuous basis except for temporary absences throughout the period during which the permit is valid;  A minimum of 2 off-street parking spaces must be provided for each unit of housing with such parking to be in a garage, carport or on a paved area specifically intended for that purpose but not within a required turnaround;  In an existing single family dwelling, an accessory apartment may be created by the conversion of living space within the house but not by conversion of garage space unless space is available for a two car garage on the lot without the need for a variance;  An accessory apartment must be no more than 35 percent of the gross living area of the house or 950 square feet, whichever is smaller. The gross living area includes the accessory apartment.  Exterior changes to the house must not substantially alter the single family character of the structure;  No apartment may be created except in compliance with all applicable building, housing, electrical, plumbing, heating and related codes of the city;  An accessory apartment is permitted only where it is demonstrated that the it will not have an undue adverse impact on adjacent properties and where there will not be a substantial alteration of the character of the neighborhood; and  All other provisions of this ordinance relating to single family dwelling units are met, unless specifically amended by this subdivision. 1102.503 Uses Permitted By Conditional Use Permit. No structure or land in any "R-2" Medium-Density Residential Use District shall be used for the following uses except by Conditional Use Permit. These uses shall comply with the Residential Performance Standards of Subsection 1102.700, the requirements of all the general conditions provided in Subsections 1108.202 through 1108.204, with the Specific Conditions imposed in this subsection and with any other conditions the Planning Commission may impose. (1) Cluster Housing. Conditions: a. Cluster housing shall meet the following minimum requirements: (1) No more than 4 dwelling units shall be incorporated in a single building; (2) The density of development shall not exceed the density allowed in the R-2 Use District; (3) This section of the Zoning Ordinance shall not be applied to conversion of existing dwelling units but may be applied to site clearance and redevelopment. Existing units may be incorporated into new development plans when such units are not converted or added to; (4) There shall be 600 square feet of useable open space for each dwelling unit. b. The applicant shall clearly demonstrate through the application and site plan that a superior development would result by clustering. The presence of a "superior development" shall be determined by reference to the following criteria: (1) The presence and preservation of topographic features, woods and trees, water bodies and streams, and other physical and ecological conditions; (2) Suitable provisions for permanently retaining and maintaining the amenities and open space; (3) Locating and clustering the buildings to preserve and enhance existing natural features and scenic views, aesthetically pleasing building forms and materials, addition of landscaping to screen development, recognition of existing development and public facilities, and consistency with City goals and plans for the areas. (2) Public Service Structures. Conditions: a. All exterior faces of all buildings shall meet the provisions of Subsection 1107.2200. b. All structures shall be located a minimum of 15 feet from any lot in an "R" Use District. c. All service drives shall be paved. d. A bufferyard, Type C as defined in Subsection 1107.2005, shall be installed and maintained along all property lines abutting an "R" Use District. (3) Golf Courses. Conditions: a. All structures shall be located a minimum of 30 feet from any adjacent lot in an "R" Use District. (4) Country Clubs. Conditions: a. All structures shall be located a minimum of 30 feet from any adjacent lot in an "R" Use District. (5) Marinas. Conditions: a. A bufferyard Type C as defined in Subsection 1107.2005, shall be constructed along the property line where it abuts property residentially used or if it abuts any "R" Use Districts. b. Lake Service Signs, as regulated by Subsection 1107.809 are permitted. c. Lighting shall be provided for safety and security only, and shall not be directed at the lake or at adjacent properties. Lights for parking lots, building and dock identification may have no more than 0.5 foot candles at the property line or at the edge of the dock structure furthest from the shore. d. Boat tours are permitted between the hours of 8:00 am and 10:00 pm. e. One stall for each 4 boat slips must be provided. If tour boats are based at the marina, an additional 1 parking space for each 4 seats on the boat is required. f. Retail sales are limited to motors, parts, bait, equipment, gas and oil, and accessories. (5) Marina, Commercial. Conditions: a. The minimum lot size shall be one (1) acre. b. The lot shall provide paved off-street parking at a minimum ratio of one (1) parking space per four (4) boat slips; parking shall not be located below the Ordinary High Water Elevation and further meet the standards in Subsection 1104.501(1) of this Ordinance. In addition, a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Elevation sufficient to capture and filter all run-off from the parking. Additional off-street parking may be required for boat tours or if the Zoning Administrator determines that an ancillary use requires additional parking. c. The lot shall have public bathrooms connected to municipal sanitary sewer as approved by the City. d. The lot shall meet the impervious surface coverage requirements in Subsection 1104.306 of this Ordinance. For purposes Subsection 1104.306 (2) and (3), Commercial Marinas shall be defined as a permitted commercial (“C”) use. e. All General Performance Standards in Section 1107 of this Ordinance shall apply. Bufferyards, Type C, as defined in Subsection 1107.2005, shall be constructed along any “R” Use District. Signage shall be allowed per Subsection 1107.810 for Lake Services and further meet the standards in Subsection 1104.501(3) of this Ordinance. f. Hours of operation for boat tours shall be limited to between 7:00 a.m. and 10:00 p.m., seven days a week. g. Commercial Marinas shall obtain and comply with a permit issued by the Minnesota Department of Natural Resources. The permit shall determine the number of allowable Boat Slips. (6) Marina, Recreational. Conditions: a. The minimum lot size shall be one (1) acre. b. The allowable number of Boat Slips shall be based on the conditions identified in Subsection 1104.307(3) and (5). c. The lot shall provide paved off-street parking at a minimum ratio of one (1) parking space per four (4) Boat Slips; parking shall not be located below the Ordinary High Water Elevation and shall further meet the standards in Subsection 1104.501(1) of this Ordinance. In addition, a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Elevation sufficient to capture and filter all run-off from the parking. d. The lot shall meet the impervious surface coverage requirements in Subsection 1104.306 of this Ordinance. For purposes Subsection 1104.306 (2) and (3), Recreational Marinas shall be defined as a permitted commercial (“C”) use. e. All General Performance Standards in Section 1107 of this Ordinance shall apply. Bufferyards, Type C, as defined in Subsection 1107.2005, shall be constructed along any “R” Use District. Signage shall be allowed per Subsection 1107.810 for Lake Services and shall further meet the standards in Subsection 1104.501(3) of this Ordinance. (76) Free-Standing Parking Lots. Conditions: a. The parking lot must be accessory to an existing nonresidential or recreational use located within the same Zoning Use District. b. The parking lot must be located within 500 feet of the existing nonresidential or recreational use. c. The parking lot must meet all the provisions listed in Subsections 1107.203(11), 1107.203(13), and Subsection 1107.204. d. No storage of any kind is permitted on the site. e. No structures are permitted on the site. (87) Recreational Dome. Conditions: a. The dome must be accessory to an existing use located within the same Zoning District. b. No outdoor storage of any kind is permitted on the site. c. A bufferyard, Type C as defined in Subsection 1107.2005, shall be installed and maintained along on property lines abutting an “R” use district. d. Hours of operation shall be limited to 5 a.m. to 10 p.m. on weekdays and 5 a.m. to 11 p.m. on weekends. e. All mechanical equipment shall be fully screened. f. All structures shall be located a minimum of 60 feet from any adjacent lot line in an “R” use district, and the setback shall be increased by an additional foot for each foot in height that the structure exceeds 60 feet. g. No light or vibration originating from the structure or supporting equipment shall be discernible at the property line. h. The structure shall not exceed 75 feet in height. i. The structure shall be of a color that provides for maximum integration within its surroundings. j. The dome structure shall be fully insulated. (9) Controlled Access Lot on General Development Lake. Conditions a. The lot must be suitable for the intended use as a Mooring Facility. b. The lot must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of non-riparian lots in the subdivision who are provided access rights on the lot. c. The lot must meet, at a minimum, the width and area requirements for a Single- Family residential riparian lot. d. The allowable number of Boat Slips for a Controlled Access Lot shall be based on the conditions identified in Subsection 1104.307(3); provided however, in no case shall the number of Boat Slips on Spring Lake exceed one (1) Boat Slip for every twenty (20) feet of lot width as measured at the Ordinary High Water Elevation and in no case shall the number of Boat Slips on Upper Prior Lake and Lower Prior Lake exceed one (1) Boat Slip for every twelve and one- half (12.5) feet of lot width as measured at the Ordinary High Water Elevation. The Prior Lake City Council finds that the more limited number of Boat Slips allowed for Controlled Access Lots on Spring Lake is appropriate due to the following:  Spring Lake has a high number of non-conforming lots due to insufficient lot area and width which creates overcrowding on and around the lake.  Spring Lake has a shallower depth than other lakes in the City resulting in a need to extend docks and mooring facilities further into the water to reach navigable depths, which results in additional overcrowding.  Spring Lake has historically had higher levels of Chlorophyll-a and Phosphorus than other lakes in the City causing the overcrowding to have additional impacts on water quality. e. Covenants must be recorded against the Controlled Access Lot and all benefiting lots that specify which lot owners have authority to use the Controlled Access Lot and what activities are allowed. The activities may include watercraft launching, loading, storing, beaching, mooring, or docking. The covenants may also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the non-significant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number of watercraft allowed to be securely moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alteration. The covenants must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical, from view from public water, assuming summer, leaf-on conditions. f. Functioning restroom facilities shall be accessible on the lot for all users of the lot 24 hours per day during the boating season (from May 1 through September 30). The restrooms shall either be connected to municipal sanitary sewer or shall be Portable Toilets as approved by the Zoning Administrator. g. No dock, mooring facility or other structure shall be located so as to:  Obstruct the navigation of any lake;  Obstruct reasonable use or access to any other dock, mooring facility or other structure;  Present a potential safety hazard; or  Be detrimental to significant fish and wildlife habitat or protected vegetation. h. Docks and mooring facilities shall be setback a minimum of ten (10) feet from side property lines as measured at the Ordinary High Water Elevation. Docks and mooring facilities shall be located a minimum of ten (10) feet from a straight line extension of the side property lines of the lot into the Lake. This requirement may be adjusted, at the discretion of the Zoning Administrator, in cases where topography significantly limits the placement of docks. i. One (1) paved off-street parking space shall be provided for each four (4) Boat Slips for which the owners, lessees or users do not live within one thousand (1,000) feet of the Controlled Access Lot. In addition, a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Elevation sufficient to capture and filter all run-off from the parking area. j. The storage of materials that are flammable, explosive, or potentially injurious to human, animal, or plant life upon any Controlled Access Lot, dock or mooring facility is prohibited. k. No oscillating, rotating, flashing, moving or advertising signs shall be permitted on any Controlled Access Lot, dock or mooring facility. l. Access across wetlands is permitted only in accordance with the State and Federal wetland regulations. m. Controlled Access Lots shall meet the Residential Performance Standards of Subsection 1102.700. n. Garbage receptacles shall be made available on the lot for use during the boating season (from May 1 through September 30) and all garbage receptacles shall be emptied on a regular basis to avoid the accumulation of refuse. o. All docks, mooring facilities, and Controlled Access Lots legally existing on the date of this ordinance which do not meet the above listed conditions shall be considered legally nonconforming and the use may be continued in conformance with Minnesota Statutes Section 462.357 Subd. 1e, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. It is the intent of the City of Prior Lake to allow legally nonconforming Controlled Access Lots to maintain the number of Boat Slips which were approved via permit issued by the City of Prior Lake or Minnesota Department of Natural Resources as of the date of adoption of this ordinance. Below is a list of legally nonconforming Controlled Access Lots and the number of Boat Slips permitted for each. 1102.504 Accessory Uses. The following uses shall be permitted accessory uses in an "R- 2" Medium-Density Residential Use District: Permit #Association Name Parcel ID Number (PIN)Water Body # of Slips Permitted 89-6021 Oakland Beach Homeowners Association 251700010 Lower Prior Lake 39 89-6022 Island View 1st Add. Association 251430700 Upper Prior Lake 36 89-6002 Island View 5th Add. Association 252520320 Upper Prior Lake 20 89-6035 Mitchell Pond Association 251110260 Lower Prior Lake 23 89-6272 Fish Point Beach Homeowners Association 259360520 Lower Prior Lake 9 89-6290 Pixie Point Homeowners Association 252450051 Lower Prior Lake 5 89-6378 Lakeside Manor Association 250550260 Lower Prior Lake 53 89-6456 Willow Beach Association 251080020 Upper Prior Lake 46 City Permit Spring Lake Estates Association 254400850 Spring Lake 54  Detached private structures as regulated in Section 1102.700 (8).  Off-street parking spaces.  Private swimming pool and tennis court,  Family Day Care facilities serving 14 or fewer persons.  Boarder. Keeping of not more than 2 boarders or roomers by a resident family.  Signs, as regulated by Subsection 1107.400 to 1107.1700.  Gardening and other horticultural uses.  Decorative landscape features including but not limited to pools, arbors, and terraces.  Adult Day Care in a religious institution, community Center, or nursing home is 150 square feet of outdoor sitting and exercise area per person under care at peak periods is provided.  Yard sales, provided each does not exceed 4 days in duration, and there are no more than 3 sales per year conducted on the premises. Signage for this use is regulated by Subsection 1107.709. (1) Home occupations shall be permitted accessory uses in the "R-2" Low To Medium-Density Residential Use District provided a home occupation permit has been issued and the use is in compliance with all of the following conditions: a. All material or equipment shall be stored within an enclosed structure. b. Operation of the home occupation is not apparent from the public right-of-way or any lake, except for parking of 1 vehicle not to exceed 9,000 pounds gross vehicle weight. c. The activity does not involve warehousing, distribution, or retail sales of merchandise produced off the site, except that storage up to 200 cubic feet of products and materials used to carry on the home occupation is permitted. d. No person is employed at the residence who does not legally reside in the home except that a licensed Group Family Day Care Facility may have one outside employee. e. No light or vibration originating from the business operation is discernible at the property line. f. Only equipment, machinery, and materials which are normally found in the home are used in the conduct of the home occupation. g. Space within the dwelling devoted to the home occupation does not exceed 400 square feet or 10% of the floor area, whichever is greater. h. No portion of the home occupation is permitted within any attached or detached accessory building. i. The structure housing the home occupation conforms to the building code; and in the case where the home occupation is day care or if there are any customers or students, the home occupation has received a Certificate of Occupancy. j. All home occupations shall be subject to an annual inspection to insure compliance with the above conditions. k. All applicable permits from other governmental agencies have been obtained. (2) Group Day Care/Nursery School in a religious institution, community center, or academic educational institution are permitted provided they comply with all of the following conditions: a. At least 40 square feet of outside play space per pupil is provided. b. The outside play areas are fenced and screened with a bufferyard; and c. Drop off and loading points are established which do not interfere with traffic and pedestrian movements. 1102.505 Dimensional Standards. No structure shall exceed 3 stories or 35 feet in height, whichever is less, except as provided in Subsection 1101.508. The ground floor area ratio within the R-2 Use District shall not exceed 0.3. (1) The following minimum requirements and those additional requirements, exceptions and modifications contained in subsection (2) through (7) below, and in the Subdivision Ordinance, shall govern the use and development of lots in the R-2 District. Land Use Lot Area (square feet) Lot Width (feet) Lot Depth (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Single Family 6,000 60 90 25 25 10 Two Family 12,000 75 120 25 25 10 Cluster Housing 30,000 100 200 25 25 10 Other Uses 15,000 100 150 25 25 10 (2) The minimum density for new developments in the R-2 Use District is 4.1 units per acre. The maximum density for new developments in the R-2 Use District is 7.0 units per acre. These densities shall be achieved utilizing the minimum lot area listed in Subsection 1102.505 (1). (3) The depth of the front yard of a lot shall be at least 25 feet. The depth of the required front yard may be reduced if the average depth of at least 2 existing front yards, for buildings within 150 feet along the same block front of the lot in question, is less than 25 feet. However, the depth of a front yard shall not be less than 20 feet. (4) Through lots and corner lots shall have a required front yard on each street. (5) The width of the side yard setback abutting a building wall shall be increased 2 inches for each foot the length of the building wall exceeds 60 feet. The additional setback will not be applied if there is a break in the building wall equal to 10% of the entire length of the wall. For the purpose of this subsection, a wall includes any building wall within 10 degrees of being parallel to and abutting the side lot line of a lot. (6) Side yard widths may be reduced if the side wall of a building is not parallel by more than 10 degrees with the side lot line, to permit the average depth of the side yard to conform to the minimum side yard depth in the District, but no side yard shall be less than 5 feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. (7) A single family house which legally existed or for which a valid building permit had been granted on or before the effective date of this Ordinance, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard, and provided the combined width of the side yard for the building and the adjacent building is not less than 15 feet. (8) Any parcels which are subdivided for the purpose of creating condominium ownership are permitted provided that the overall density created within all condominium parcels and the common lot does not exceed the maximum density permitted within the "R-2" Use District. Any front, rear, and side yard dimensions shall apply from the building face to the property line of the common lot. SECTION 1104 SHORELAND REGULATIONS SUBSECTIONS 1104.100: General Provisions 1104.200: Designation of Types of Land Use 1104.300: Zoning Provisions 1104.400: Shoreland Alterations 1104.500: Special Provisions for Commercial, Industrial, Public/Semi-Public, Agricultural and Forestry 1104.600: Water Supply and Sewage Treatment 1104.700: Conditional Uses 1104.800: Planned Unit Developments (PUDs) 1104.900: Development on Nonconforming Lots (Subsections 1104.100 – 1104.306 and 1104.308 – 1104.900 were removed for purpose of this Zoning Ordinance review only) 1104.307 Additional Special Provision: (1) Residential subdivisions with dwelling unit densities exceeding those in Subsection 1104.301 and 1104.302 of this subsection shall only be allowed if designed and approved as residential planned unit developments under Subsection 1104.800. Only land above the ordinary high-water level of public water can be used to meet lot area standards, and lot width standards must be met at both the ordinary high- water level and at the building line. (2) Subdivisions of duplexes, triplexes, and quads on Natural Environment Lakes must also meet the following standards: a.Each building must be set back at least 200 feet from the ordinary high- water level; b.Each dwelling unit must be separately served by public utilities, none of which are shared; c. Watercraft docking units must be separately served by public utilities, none of which are shared; d.No more than 25% of a lake's shoreline can be in duplex, triplex or quad developments. (3) Mooring Facilities shall meet the following conditions as determined by the Zoning Administrator: a.The facility shall be compatible with the adjacent land and water uses. b. Adequate water depth is available for the proposed facility without churning of bottom sediments. c. The facility will not create a volume of traffic on the lake in the vicinity of the facility that will be unsafe or will cause an undue burden. d. The facility will not affect the quality of water and the ecology of the lake. e. The facility, by reason of noise, fumes or other nuisance characteristics, will not be a source of annoyance to persons in the vicinity of the facility. f. Adequate sanitary and parking facilities will be provided in connection with the facility. g. Compliance with the provisions of Subsection 1104.307(4), (5) or (6) as applicable. (4) Controlled Access Lots are permitted only on General Development Lakes by Conditional Use Permit. Controlled Access Lots shall comply with the conditions listed in Section 1102 and with any other conditions the Planning Commission, or City Council in the case of an appeal, may impose that are intended to promote the health, safety and welfare of the residents within the City. shall meet the following conditions as determined by the Zoning Administrator: a. The lot must be suitable for the intended use as a Mooring Facility. b. The lot must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of non-riparian lots in the subdivision who are provided access rights on the lot. c. The entire lot shall be a minimum of 20 feet in depth measured from the Ordinary High Water Elevation. d. The allowable number of Boat Slips for a Controlled Access Lot shall be based on the conditions identified in Subsection 1104.307(3) and (4); provided however, in no case shall the number of boat slips exceed 1 Boat Slip for every 12.5 feet of Lot width as measured at the Ordinary High Water Elevation. e. Covenants must be recorded against the Controlled Access Lot and all benefiting lots that specify which lot owners have authority to use the Controlled Access Lot and what activities are allowed. The activities may include watercraft launching, loading, storing, beaching, mooring, or docking. The covenants may also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the non-significant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number of watercraft allowed to be securely moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alteration. The covenants must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical, from view from public water, assuming summer, leaf-on conditions. (5) Recreational Marinas shall be allowed on a riparian lot in the R-2 or C-2 Zoning Districts. The lot and Recreational Marina shall meet the following minimum conditions as determined by the Zoning Administrator: a. The minimum lot size shall be one (1) acre. b. The allowable number of Boat Slips shall be based on the conditions identified in Subsection 1104.307(3) and (5). c. The lot shall provide paved off-street parking at a minimum ratio of one (1) parking space per four (4) Boat Slips; parking shall not be located below the Ordinary High Water Elevation and shall further meet the standards in Subsection 1104.501(1) of this Ordinance. In addition, a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Elevation sufficient to capture and filter all run-off from the parking. d. The lot shall meet the impervious surface coverage requirements in Subsection 1104.306 of this Ordinance. For purposes Subsection 1104.306 (2) and (3), Recreational Marinas shall be defined as a permitted commercial (“C”) use. e. The lot shall have public bathrooms connected to municipal sanitary sewer or Portable Toilets as approved by the City. f. All General Performance Standards in Section 1107 of this Ordinance shall apply. Bufferyards, Type C, as defined in Subsection 1107.2005, shall be constructed along any “R” Use District. Signage shall be allowed per Subsection 1107.810 for Lake Services and shall further meet the standards in Subsection 1104.501(3) of this Ordinance. (6) Commercial Marinas shall be allowed on a riparian lot in the R-2 or C-2 Zoning Districts. The lot and Commercial Marina shall meet the following minimum conditions as determined by the Zoning Administrator: a. The minimum lot size shall be one (1) acre. b. The lot shall provide paved off-street parking at a minimum ratio of one (1) parking space per four (4) boat slips; parking shall not be located below the Ordinary High Water Elevation and further meet the standards in Subsection 1104.501(1) of this Ordinance. In addition, a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Elevation sufficient to capture and filter all run-off from the parking. Additional off-street parking may be required for boat tours or if the Zoning Administrator determines that an ancillary use requires additional parking. c. The lot shall have public bathrooms connected to municipal sanitary sewer as approved by the City. d. The lot shall meet the impervious surface coverage requirements in Subsection 1104.306 of this Ordinance. For purposes Subsection 1104.306 (2) and (3), Commercial Marinas shall be defined as a permitted commercial (“C”) use. e. All General Performance Standards in Section 1107 of this Ordinance shall apply. Bufferyards, Type C, as defined in Subsection 1107.2005, shall be constructed along any “R” Use District. Signage shall be allowed per Subsection 1107.810 for Lake Services and further meet the standards in Subsection 1104.501(3) of this Ordinance. f. Hours of operation for boat tours shall be limited to between 7:00 a.m. and 10:00 p.m., seven days a week. g. Commercial Marinas shall obtain and comply with a permit issued by the Minnesota Department of Natural Resources. The permit shall determine the number of allowable Boat Slips. (7) All Recreational Marinas and Commercial Marinas shall obtain a Conditional Use Permit following the procedures set forth in Subsections 1108.205 through 1108.222. The conditions set forth in Subsection 1104.307(3) and either (5) or (6) as applicable, as well as any conditions imposed by the Planning Commission or City Council, shall apply to Conditional Use Permits issue to Recreational Marinas and Commercial Marinas. (Ord. Amd. 114-12, publ. 6/28/14, 1104.307 in its entirety) Prior Lake Controlled Access Lots - Homeowner Associations Permit #Association Name Parcel ID Number (PIN)Water Body # of Slips Permitted Shoreline Length (Ft) # of Slips @ 1 per 12.5' Over (Under) @ 1 per 12.5' # of Slips @ 1 per 20' Over (Under) @ 1 per 20' 88-6322 Windsong on the Lake 252360310 Lower Prior Lake 26 480 38 (12)24 2 89-6013 Harbor Community Association 252030070 Lower Prior Lake 60 1105 88 (28)55 5 89-6021 Oakland Beach Homeowners Association 251700010 Lower Prior Lake 39 270 21 18 13 26 89-6022 Island View 1st Add. Association 251430700 Upper Prior Lake 36 380 30 6 19 17 89-6002 Island View 5th Add. Association 252520320 Upper Prior Lake 20 185 14 6 9 11 89-6035 Mitchell Pond Association 251110260 Lower Prior Lake 23 170 13 10 8 15 89-6272 Fish Point Beach Homeowners Association 259360520 Lower Prior Lake 9 100 8 1 5 4 89-6290 Pixie Point Homeowners Association 252450051 Lower Prior Lake 5 50 4 1 2 3 89-6378 Lakeside Manor Association 250550260 Lower Prior Lake 53 410 32 21 20 33 89-6456 Willow Beach Association 251080020 Upper Prior Lake 46 480 38 8 24 22 89-6458 Boudin's Manor Association 251530010 Lower Prior Lake 32 495 39 (7)24 8 City Permit Spring Lake Estates Association 254400850 Spring Lake 54 945 75 (21)47 7 City PUD Crystal Bay Association 254170250 Upper Prior Lake 21 390 31 N/A (PUD is based on units in 1st Tier)19 N/A (PUD is based on units in 1st Tier) MINNESOTA DEPARTMENT OF NATURAL RESOURCES CENTRAL OFFICE PRINTED ON RECYCLED PAPER CONTAINING A mndnr.gov 500 LAFAYETTE ROAD • SAINT PAUL, MN 55155 MINIMUM OF 10% POST – CONSUMER WASTE AN EQUAL OPPORTUNITY EMPLOYER August 13, 2015 Casey McCabe Community Development Specialist City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 Re: Review of Prior Lake’s Shoreland Ordinance Amendments Dear Casey, Thank you for sending your proposed Shoreland Ordinance amendments to the DNR for our review. Based on your communications and our 8/3/15 phone call, I understand that the City of Prior Lake is amending the controlled access lot provisions in order to minimize watercraft congestion and their environmental impacts on Prior Lake and Spring Lake. I have reviewed the proposed amendments sent to Zach Moore on July 30 by email for compliance with the statewide shoreland Rules (MR 6120.2500 – 6120.3900). Overview of Controlled Access Lot Regulations The state shoreland rules (MR 6120.3300 Subp. 2E) allow controlled access lots as part of a subdivision so owners of non-riparian lots can gain access to the water. Each controlled access lot must meet the minimum area and width requirements of a riparian single family residential lot. The lot can include up to six mooring spaces in addition to other facilities. Additional mooring spaces can be added to a controlled access lot proportionate with additional water frontage. The amount of additional frontage required by state rule is determined based on a percentage that varies with the ratio of lake area to shoreline. The rule was designed so that more frontage was needed for lakes with relatively more shoreline per acre of surface water. The purpose of the rule is to manage watercraft use to limit overcrowding of watercraft on a lake. This is potentially a problem with large developments with little shoreline funneling people and watercraft onto lakes through small access lots. Summary of City’s Current Controlled Access Lot Provisions The City’s current controlled access lot provisions do not include the percentage and ratio approach included in rule. Instead, the city requires that an additional 12.5 feet of frontage be added for each mooring space regardless of the ratio of lake area to shoreline. Presumably, this amount was determined by dividing the 75 foot width of a single family lot by six mooring spaces. Based on our records, the City’s 2005 shoreland ordinance was consistent with state rule and included the percentage and ratio approach. At some point after this, the language was changed and we have no MINNESOTA DEPARTMENT OF NATURAL RESOURCES CENTRAL OFFICE PRINTED ON RECYCLED PAPER CONTAINING A mndnr.gov 500 LAFAYETTE ROAD • SAINT PAUL, MN 55155 MINIMUM OF 10% POST – CONSUMER WASTE AN EQUAL OPPORTUNITY EMPLOYER record of the city notifying the DNR of the public hearing to consider the change or final action adopting the change. Determining the Amount of Additional Frontage for Prior Lake and Spring Lake In applying the percentage and ratio approach to Prior Lake and Spring Lake, the actual amount of additional frontage required for each mooring space would be 18.75 feet and 15 feet respectively. In addition to compliance with the statewide shoreland rules, there are other issues the city should consider in managing the overcrowding potential from new developments including existing development and the number of people and watercraft that have access through existing access lots. If overcrowding is a frequent concern now, then limiting the number of new watercraft by requiring a larger amount of additional frontage makes sense. Another important issue is the sensitivity of the lakes to erosion and nutrient pollution. Shallow lakes and those sensitive to nutrients such as Spring Lake and Upper Prior Lake, should be protected from excessive watercraft use by requiring greater amounts of additional frontage for each additional mooring space. Assessment of Proposals The city’s proposal to require an additional 20 feet of frontage for each additional mooring space on both Prior and Spring Lakes would better address the concern of watercraft overuse and thus better protect the lakes from human impacts and nutrient pollution. This proposal is also more closely aligned with the standards in the statewide shoreland rules. In fact, it would exceed state standards. The DNR recommends that the city adopt this proposal instead of the alternative which would require an additional 20 feet for Spring Lake and retain the 12.5 feet on Prior Lake. It is not clear from the Controlled Access Lot definition (Section 1101.1000 Land Use Descriptions) whether the lot can contain up to six slips as long as the lot meets the minimum lot area and width requirement for a single family lot. The statewide shoreland rules include up to six lots on a controlled access lot. This may be the city’s implied understanding of controlled access lots when used in conjunction with city’s definition of “Docks, Personal” which allows the mooring of six or fewer watercraft for use by the owners and/or tenants of residential riparian lots. The DNR recommends that the definition of controlled access lot be revised to clarify the number of included mooring spaces or to include this clarification in the controlled access lot provisions. DNR Approval MS 103F.221 gives the DNR authority to approve amendments to local government shoreland ordinances. The DNR will approve any proposal that at least meets the shoreland rules. This means any proposal that requires the amount of additional frontage added to a controlled access lot for each mooring space is 18.75 feet for lots on Prior Lake and 15 feet for lots on Spring Lake. MINNESOTA DEPARTMENT OF NATURAL RESOURCES CENTRAL OFFICE PRINTED ON RECYCLED PAPER CONTAINING A mndnr.gov 500 LAFAYETTE ROAD • SAINT PAUL, MN 55155 MINIMUM OF 10% POST – CONSUMER WASTE AN EQUAL OPPORTUNITY EMPLOYER Next Steps Following are the steps for completing and receiving final DNR approval for your amendments: 1.The city council adopts an ordinance amendment consistent with state rules as described above. 2.Within 10 days of city council action, please email me the completed Ordinance Processing Checklist (attached) and the documents identified on the checklist. 3.We will then review the ordinance amendments adopted by the city council for consistency with the shoreland rules. 4.If the adopted amendments are consistent, we will send you a “final approval” letter. The ordinance amendments will not be effective until the DNR provides final approval. I appreciate the opportunity to work with you in updating the City’s shoreland ordinance for consistency with state rules. Zach Moore and I will continue to be available to help you administer the ordinance and to consult with you on other water-related projects and plans while Jennie Skancke is on maternity leave. Sincerely, Dan Petrik Land Use Specialist Cc: Jeanne Daniels, DNR District Manager Jennie Skancke, DNR Area Hydrologist Zach Moore, DNR Area Hydrologist Jenny Shillcox, DNR Land Use Unit Supervisor