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CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 14, 2015
AGENDA #: 9B
PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST
PRESENTED BY: CASEY MCCABE
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SUBSECTIONS
1102.403, 1102.503 and 1104.307 OF THE PRIOR LAKE ZONING ORDI-
NANCE RELATED TO CONTROLLED ACCESS LOTS ON GENERAL DE-
VELOPMENT LAKES (UPPER PRIOR LAKE, LOWER PRIOR LAKE AND
SPRING LAKE)
DISCUSSION: Introduction
The purpose of this agenda item is to consider approval of an ordinance amend-
ing Subsections 1102.403, 1102.503 and 1104.307 of the Prior Lake Zoning Or-
dinance related to Controlled Access Lots on Upper Prior Lake, Lower Prior Lake
and Spring Lake. The proposed amendments would identify Controlled Access
Lots 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.
During a June 8, 2015 City Council Work Session, the Council reviewed the pre-
liminary recommendations of the task force, which included identifying Con-
trolled Access Lots on Spring Lake as a Use Permitted by Conditional Use Per-
mit, review of the proposed minimum conditions for approval and discussion of
the one boat slip per 20 feet of shoreline requirement.
During the work session the City Council provided direction to identify Controlled
Access Lots on all General 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 ordi-
nance amendments for consideration. 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 shoreline on Upper Prior Lake and Lower Prior Lake.
Current Circumstances
The task force prepared two amendments to Subsections 1102.403 and
1102.503 which were reviewed by the Planning Commission. One of the ordi-
nance amendments identified Controlled Access Lots as a Use Permitted by
Conditional Use Permit and limited the number of boat slips to one slip per 20
feet of shoreline on all General Development Lakes. The second ordinance
amendment identified Controlled Access Lots as a Use Permitted by Conditional
Use Permit and limited the number of boat slips to one slip per 20 feet of shore-
line on Spring Lake and one slip per 12.5 feet of shoreline on Upper Prior Lake
and Lower Prior Lake.
The Prior Lake Planning Commission recommended approval of amendments
to Subsections 1102.403, 1102.503 and 1104.307 of the Prior Lake Zoning Or-
dinance identifying Controlled Access Lots as a Use Permitted by Conditional
Use Permit in the R-1, Low Density Residential and R-2, Medium Density Resi-
dential Use Districts and restricting the number of boat slips to one slip per 20
feet of shoreline on all General Development Lakes.
Minnesota Statutes 103F.221 gives the DNR authority to approve amendments
to local government shoreland ordinances. The Minnesota Department of Nat-
ural Resources received copies of both ordinance amendment options and sub-
mitted a letter of review (Attachment 4). In their letter of review, the DNR indi-
cated they would approve a proposal that at least meets the shoreland rules.
This means any proposal that requires the amount of additional frontage added
to controlled access lot for each mooring space to be at least 18.75 feet for lots
on Prior Lake and at least 15 feet for lots on Spring Lake. For this reason, staff
is not proposing the ordinance which would limit 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 because it would not meet the
shoreland rules.
Conclusion
Attached to this report is an ordinance amendment prepared by the task force
which 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 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.
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 4) 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.
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
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.
The Spring Lake Township Board reviewed the proposed ordinance amend-
ments during their August 13, 2015 meeting and found them to be consistent
with the recommendations of the Spring Lake Task Force and supported the
amendments.
The Prior Lake Planning Commission held a public hearing on August 17, 2015
and recommended approval of amendments 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 Res-
idential and R-2, Medium Density Residential Use Districts and restricting the
number of boat slips to one slip per 20 feet of shoreline on all General Develop-
ment Lakes.
Based upon the findings set forth in this report and the recommendations of the
Planning Commission, Minnesota Department of Natural Resources, Spring
Lake Task Force and Spring Lake Township Board, staff recommends approval
of the proposed zoning ordinance amendments which would identify Controlled
Access Lots as a Use Permitted by Conditional Use Permit in the R-1, Low Den-
sity 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 Devel-
opment Lakes.
ISSUES: 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 3, includes a list of all Con-
trolled Access Lots and the number of approved boat slips which would become
legally nonconforming upon approval.
FINANCIAL No financial impacts are anticipated with the proposed ordinance amendments.
IMPACT:
The city council should be aware however that there is a possibility that if and
when the Vierling and Meadowlawn properties are developed some likelihood
exists that they may provide for controlled access lots. Any action on the city's
part to reduce the number of slips per front footage could undermine or eliminate
such efforts.
ALTERNATIVES: 1. Motion and a second approving an Ordinance amending Subsections
1102.403, 1102.503 and 1104.307 of the Prior Lake Zoning Ordinance iden-
tifying 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 all General Development Lakes.
2. Motion and second approving a Resolution adopting the Summary of Ordi-
nance and ordering the publication of said summary.
3. Motion and a second denying the proposed Ordinance amendments based
on specific findings.
4. Motion and a second to table or continue discussion of the item for a specific
purpose.
RECOMMENDED Alternatives No. Land No. 2
MOTION:
ATTACHMENT: 1. Proposed Amendments to Subsections 1102.403 & 1102.503
2. Proposed Amendments to Subsection 1104.307
3. City of Prior Lake Controlled Access Lot Permits
4. MNDNR Letter of Review
6001Pxto
4646 Dakota Street SE
`fizv sols" Prior Lake, MN 55372
RESOLUTION 15-xxx
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 115- AND ORDERING THE
PUBLICATION OF SAID SUMMARY
Motion By: Second By:
WHEREAS, In accordance with Minnesota Statute, the Planning Commission held a public hearing regarding
amendments to Subsections 1102.403, 1102.503 and 1104.307 of the Prior Lake Zoning Ordinance on
August 17, 2015;and
WHEREAS, The City Council has considered the advice and recommendation of the Planning Commission,city staff
reports and others pertaining to the Zoning Ordinance amendments;and
WHEREAS, On September 14,2015 the City Council adopted Ordinance 115- amending Subsections 1102.403,
1102.503 and 1104.307 of the Prior Lake City Code related to Controlled Access Lots on General
Development Lakes; and
WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper before it becomes
effective; and
WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the City Council finds that
the summary is an accurate representation of the Ordinance;and
WHEREAS, The City Council desires to publish a summary of the amendments to Subsections 1102.403, 1102.503
and 1104.307 of the Prior Lake City Code related to Controlled Access Lots on General Development
Lakes and has determined the publication of a summary of this ordinance will meet the intent of the
statute.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as
follows:
1. The recitals set forth above are incorporated herein.
2. Ordinance No. 115- is lengthy.
3. The text of summary of Ordinance No. 115- ,attached hereto as Exhibit A,conforms to M.S.§331A.01,Subd.
10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the
intent and effect of the Ordinance.
4. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier
or eight-point type.
5. A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document
Center on the City of Prior Lake Website after September 14,2015.
PASSED AND ADOPTED THIS 14th DAY OF SEPTEMBER, 2015.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye 0 0 0 0 0
Nay 0 ❑ 0 ❑ 0
Abstain ❑ 0 0 0 ❑
Absent 0 ❑ 0 0 ❑
Frank Boyles, City Manager
Exhibit A
SUMMARY ORDINANCE NO. 115-xx
AN ORDINANCE AMENDING SUBSECTIONS 1102.403, 1102.503 AND 1104.307
OF THE PRIOR LAKE CITY CODE RELATED TO CONTROLLED ACCESS LOTS ON GENERAL
DEVELOPMENT LAKES AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER
THINGS, CONTAINS PENALTY PROVISIONS
The following is only a summary of Ordinance No. 115- . The full text will available for public inspection
after September 21, 2015 by any person during regular office hours at City Hall or in the Document Center
on the City of Prior Lake Website.
SUMMARY: The Ordinance adds Subsection 1102.403 (7) relating to Controlled Access Lots as a Use
Permitted by Conditional Use Permit in the R-1, Low Density Residential Use District. The Ordinance deletes
Subsection 1102.503 (5) in its entirety and replaces with Subsection 1102.503 (5) relating to Marina,
Commercial as a Use Permitted by Conditional Use Permit in the R-2, Medium Density Residential Use
District. The Ordinance adds Subsection 1102.503 (6) relating to Marina, Recreational as a Use Permitted
by Conditional Use Permit in the R-2, Medium Density Residential Use District. The Ordinance adds
Subsection 1102.503 (9) relating to Controlled Access Lots as a Use Permitted by Conditional Use Permit in
the R-2, Medium Density Residential Use District. The Ordinance deletes Subsection 1104.307 (4) in its
entirety and replaces with Subsection 1104.307 (4) relating to Controlled Access Lots being permitted only
on General Development Lakes by Conditional Use Permit. The revisions include deletion and addition of
various uses, revisions of conditions, and clarification of regulations.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 14th Day of September, 2015.
ATTEST:
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
Summary Ordinance to be published in the Prior Lake American on the 3rd day of October, 2015.
2
of PRIok
0u tri 4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 115-
AN ORDINANCE AMENDING SUBSECTIONS 1102.403, 1102.503 AND 1104.307
OF THE PRIOR LAKE CITY CODE RELATED TO CONTROLLED ACCESS LOTS ON GENERAL
DEVELOPMENT LAKES AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH,AMONG OTHER
THINGS, CONTAINS PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
1. City Code Subsection 1102.403 (7) is hereby added:
(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 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.
I. 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.
Page 2 of 6
Permit# Association Name Parcel ID Water Body #of Slips
Number(PIN) 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
2. City Code Subsection 1102.503 (5) is hereby deleted in its entirety and replaced with the following:
(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. Bufferyard,
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.
Page 3 of 6
3. City Code Subsection 1102.503(6) is hereby added:
(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. Bufferyard,
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.
4. City Code Subsection 1102.503 (9) is hereby added:
(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
Page 4 of 6
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.
I. 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
Page 5 of 6
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.
Parcel ID #of Slips
Permit# Association Name Water Body
Number(PIN) 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
5. City Code Subsection 1104.307 (4) is hereby deleted in its entirety and replaced with the following:
(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.
6. Penalty. City Code Section 103 entitled "Definitions" and Section 104 entitled "General Penalty" are hereby
adopted in their entirety, by reference, as though repeated verbatim herein.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 14th day of September, 2015.
ATTEST:
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
A Summary of this Ordinance was published in the Prior Lake American on the 3rd day of October, 2015.
Page 6 of 6
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.
q. 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 incurious
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.
I. 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. le, 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.
Parcel ID
Water Body #of Slips
Permit# Association Name
Number(PIN) 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
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.
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.
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.
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 I 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. Signaqe 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.
q. 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.
(1.1-7) 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.
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.
q. 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.
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.
I. 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. le, 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.
Parcel ID #of Slips
Permit# Association Name Water Body
Number(PIN) 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
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.
Y 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.
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 Lot Width Lot Depth Front Yard Rear Yard Side Yard
(square feet) (feet) (feet) (feet) (feet) (feet)
Single Family 6,000 60 90 25 25 10
Two Family 12,000 75 120 25 25 10
Cluster 30,000 100 200 25 25 10
Housing
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
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
access rights on the lot.
Ordinary High Water Elevation.
d. The allowable number of Boat Slips for a Controlled Access Lot shall be
Elevation.
Controlled Access Lot and what activities arc allowed. The activities may
include watercraft launching, loading, storing, beaching, mooring, or
number of watercraft allowed to be securely moored, docked, or stored
over water, and must require centralization of all common facilities and
and vegetation alteration. The covenants must also require all parking
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
Parcel ID #of Slips Shoreline #of Slips @ Over(Under)@ #of Slips @ Over(Under)@
Permit# Association Name Number(PIN) Water Body Permitted Length(Ft) 1 per 12.5' 1 per 12.5' 1 per 20' 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 19 N/A(PUD is based
on units in 1st Tier) I on units in 1st Tier)
MINNESOTA DEPARTMENT OF NATURAL RESOURCES
CENTRAL OFFICE
MNDNR
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
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CENTRAL OFFICE
MNDNR
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.
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MINNESOTA DEPARTMENT OF NATURAL RESOURCES
CENTRAL OFFICE
MNDNR
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,
7j1C.
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
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