HomeMy WebLinkAbout01-16
ORDINANCE 01-16
AN ORDINANCE AMENDING SECTION 1102.1100 OF THE CITY CODE
RELATED TO ZONING BY REPEALING SECTION 1102.1100 IN ITS ENTIRETY
AND ADOPTING SECTION 1102.1100 IN THE DOCUMENT ENTITLED PUBLIC
HEARING DRAFT DATED OCTOBER 22, 2001 AS AMENDED
THE CITY OF PRIOR LAKE DOES ORDAIN:
1. The City Council has considered the advice and recommendations of the Planning
Commission, staffreports and other pertinent materials in Planning Case Number
01-045 as well as the testimony of interested persons at the public hearing on
October 22, 2001.
2. Section 1102.1100 of the City Code is hereby repealed.
3. The City Council hereby makes the following Findings of Fact:
· On October 22, 2001, the Planning Commission held a public
hearing following published notice as required by State statute on
the draft ordinance for the Downtown area and considered the staff
report and testimony from interested individuals.
· Following the public hearing, the Planning Commission adopted
three amendments to the draft ordinance and an amendment to the
zoning map, which amendments are highlighted in the attached
Exhibits A and B.
· This ordinance is consistent with, and aids in the implementation
of, the City's Comprehensive Plan, as amended, adopted April,
1999 and is rationally related to promoting necessary and
legitimate City purposes.
· This ordinance advances the ability of the City to guide the future
development and redevelopment of the Downtown area.
· This ordinance directly supports and implements Goal B, Objective
No.2, Policy d. (1) of the Comprehensive Plan (Chapter 2, page 28)
that states "courage and provide for the revitalization of the City
through the development or redevelopment of existing and new
commercial and industrial areas."
· This ordinance directly supports and implements Goal B,
Objective No.2, Policy e. that states "Establish a theme for
positive identification for redevelopment of existing commercial
areas in focal locations including.. .Downtown."
L:\O 1 files\O 1 ordamend\Zoning\downtown\ORDINANCE adQutipg.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 I Ph. (%~) 447-4230 I Fax (952) 447-4245
AN EQUAL OPPORTUNITI' EMPLOYER
· This ordinance directly supports and implements Goal b. Objective
4, Policy a. of the Comprehensive Plan that states "Encourage,
regulate and promote non-polluting and aesthetically pleasing
commercial and industrial development."
1. The document entitled Public Hearing Draft-l 0/22/0 I as modified by adopted
motion of the Planning Commission at its meeting of October 22, 2001 and as
further modified by the City Council at it's November 19th meeting and attached
hereto as Exhibit A, Downtown Zoning District 12/03/01 and the amended zoning
map attached hereto as Exhibit B are hereby adopted and hereby replaces Section
1102.1100 in its' entirety.
2. The contents of Planning case file 01-045 are herby entered into and made part of
the public hearing record and the record of decision for the case.
3. This ordinance shall take effect upon its' passage and publication, Summary
publication is hereby authorized.
Passed by the City Council of the City of Prior Lake, Minnesota this 17th day of
December, 2001.
We.~, IAA- n. _
Wesley M. ader, Mayor
L:\Ol files\O1 ordamend\Zoning\downtown\ORDINANCE adopting. doc
EXHmIT A
DOWNTOWN ZONING DISTRICT 12/17/01
1102.1100: "C-3" Specialty Business Use District. The purpose of the "C-3" Specialty
Business Use District is intended to provide for a variety of commercial
and residential uses within the framework of a traditional downtown area.
The district also contemplates and provides for pedestrian circulation,
urban and civic design and the creative reuse of existing buildings,
The C-3 Specialty Business District is designed to express the City's
commitment to maintain and enhance the vitality of the Downtown area by
establishing minimum criteria for the development and redevelopment of
commercial, residential and public buildings while promoting amenities
intended to attract business, residents and visitors. Specific objectives
include:
. To improve the visual quality of Downtown.
. To reinforce the physical character of Downtown by focusing on
the design context.
· To expand the employment base and residential population of
Downtown.
. To preserve and reuse older buildings as appropriate while
establishing standards for the construction of new ones.
. To reinforce and enhance a compact development pattern.
. To accommodate and promote commercial, residential,
educational, cultural and governmental uses within the Downtown.
. To establish clear development and redevelopment guidelines in
order to provide effective responses to typical development issues,
1102.1101
Permitted Uses. The following uses are permitted in the "C-3" Specialty
Business Use District if the use complies with the Commercial
Restrictions and Performance Standards of subsection 1102.1300.
16200 ~~0(3.'kek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952~~-4245 1
AN EQUAL OPPORTUNITY EMPLOYER
1102.1102
12/10/01
(1) MedicallDental Offices
(2) Retail - The following types of retail use are considered
appropriate for the Downtown area. Retail ~tores shall Bet el(cecd
5,000 sEjuare fcet iR flsor area, €lCGi!flt as a cORditisBa! llse.
. Antique stores
. Bakeries, delicatessens, bagel shops, ice cream shops and
other specialty food stores, not including drive-in or
drive-through facilities.
. Bicycle sales and repair
. Bookstores
. Camera stores
. Clothing or shoe stores
. Drugstores
. Florists
. Jewelry stores
. News stands
. Hardware stores
. Liquor stores
. Tobacco stores
. Toy stores
. Video sales and rental
. Cafe or coffee shop
. Printing Process/Supplies
(3) Showrooms for merchandise such as home furnishing,
appliances, floor coverings and similar large items, not including
motor vehicles, with a maximum floor area of 10,000 square feet.
(4) Offices
(5) Services
(6) Libraries
(7) Police and Fire Stations
(8) Business Services
(9) Hotel/Motel
(10) Schools and studios for arts, crafts, photography, music, dance,
exercise or similar courses of study
(11) Museums/art galleries
(12) Clubs and Lodges With and Without Liquor Licenses.
(13) Private Entertainment (Indoor),
Uses Permitted With Conditions. A structure or land in a "C-3" Specialty
Business Use District may be used for one or more of the following uses if
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its use complies with conditions stated in subsection 11 02.1300 and those
specified for the use in this subsection.
(1) Adult Day Care, Conditions:
a, A minimum of 150 square feet of outdoor seating or exercise area
shall be provided for each person under care,
b, The facility shall not be located fronting Main Avenue, Dakota
Street or C.R. 21.
(2) Dry Cleaning, Laundering with route pick-up and delivery. Conditions:
a, The use shall not exceed 5,000 square feet in area,
b, Outside storage and parking of trucks involved in the operation of
the business is limited to trucks and vans with a manufacturer's rated cargo
capacity of 1 ton or less.
c. Outside vehicle storage shall be screened from any "R" Use District
by a bufferyard, as determined by subsection 1107.2003.
(3) Group Day CarelNursery School. Conditions:
a. Outside play space must be provided consistent with the
requirements of State statutes and such space shall be screened with
a bufferyard Type C as defined in subsection 1107.2005.
b, An off-street pedestrian loading area shall be provided in order to
maintain vehicular and pedestrian safety,
c, Outdoor play areas shall be located a minimum of 200 feet from any
roadway designated to the Comprehensive Plan as a principal
arterial,
d. The facility shall not be located fronting Main Avenue, Dakota
Street or C.R. 21.
(4) Park/Open Space. Conditions:
a. The principal structure shall be located a minimum of 50 feet from a
lot in an "R" Use District.
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b. Areas designated for group activities shall be located a minimum of
25 feet from a lot in an "R" Use District.
c. 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.
(5) Public Service Structures. Conditions:
a, All exterior building faces shall comply with subsection 1107.2200,
b. All structures shall be located a minimum of 10 feet from any
abutting property located in an "R" Use District.
c, All service drives shall be paved.
(6) Multiple Family Dwellings, Conditions:
a. Multiple family dwellings with their primary frontage on Main
Avenue or Dakota Street must be in combination with another
permitted use, as specified in Section 1102.1103. Residential units
shall not be located on the ground level or street level of the
development. This is in keeping with the objective of promoting
commercial pedestrian traffic on the primary commercial streets.
b, Safe and adequate pedestrian access to open space, plazas and
pedestrian ways shall be provided.
(7) Elderly Housing. Conditions:
a. The building design and placement provide a residential
environment with limited exposure to noise and traffic.
b. Safe and adequate pedestrian access to open space, plazas and
pedestrian ways shall be provided,
c, Site access shall be located so that access can be provided without
generating significant traffic on local residential streets.
d, The site shall contain a minimum of 200 square feet of usable open
space per dwelling unit, and no more than half of the usable open
space shall be located in the front yard, Alternatively, public parks
or plazas within 300 feet of the site may be used to meet this
requirement.
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e, A minimum of 25% of the usable open space provided on the site
shall be developed as outdoor recreation or garden areas.
f. A minimum of 900 square feet of lot area is provided for each
dwelling unit.
g, The minimum spacing between buildings shall be at least equal to
the average heights of the buildings except where dwellings shall
common walls,
h. Buildings shall be located a minimum of 15 feet from the back of the
curb line of internal private roadways or parking lots.
i. Covenants running with the land in a form approved by the City
Attorney that restricts the use of the property for occupancy by the
elderly shall be recorded against the property.
J. The development shall provide a lounge or other inside community
rooms amounting to a minimum of 15 square feet for each unit.
(8) Community Centers. Conditions:
a. An off-street passenger loading area shall be provided in order to
maintain vehicular and pedestrian safety.
b, 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.
(9) Bed and Breakfast Establishments. Conditions:
a. The required parking shall be screened with a bufferyard.
b. The total number of guests shall be limited to 6.
c, Not more than 50% of the gross floor area of the residence shall be
used for the guest room operation.
d, Only exterior alterations, which do not alter the exterior appearance
from its single-family character, will be allowed.
e, Accommodations may be provided to a guest for a period not
exceeding 14 days.
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f. F oed service shall be limited to breakfast and afternoon tea,
g. Rented rooms shall not contain cooking facilities.
h. Rooms used for sleeping shall be part of the primary residential
structure and shall not have been constructed specifically for rental
purposes.
1. Parking shall not be located within the front yard. No more than
50% of the rear yard may be paved or used for parking.
(10) Banks. Conditions:
a, The use shall not include any drive-through or drive-up windows or
facilities,
(II) Wholesale sales, in combination with retail or office use. Conditions:
a, The use shall be limited to 50% of the floor area of the structure.
b, Total floor area of the structure shall not exceed 10,000 square feet.
(12) Restaurants With and Without Liquor Licenses. Conditions
a. Access shall be located so as to avoid generating significant
traffic on local residential streets.
b. Drive-through, drive-in and outdoor pick-up facilities are not
permitted,
1102.1103 Uses in Combination. In keeping with the purpose of the "C-3" Specialty
Business Use District, combinations of the following uses on a single parcel and/or within a
single building are encouraged,
. Multiple family dwellings
. Retail
. Offices
. Services
. Studios
. Coffee shops or restaurants
12/10/01
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1102.1104 Accessory Uses. The following uses shall be permitted accessory uses in a
"C-3" Specialty Business Use District:
(1) Parking Lots, in compliance with the Design Standards of Section
1102.1106(5).
(2) Incidental repair or processing which is necessary to conduct a pennitted
principal use, provided that it shall not exceed 25% of the gross floor area,
(3) Outdoor seating and service of food and beverages by a restaurant is
permitted as an accessory use to a restaurant if:
a. The use is separated from any adj acent residential use by a building
wall or fence, This provision will not apply if the residential use is
located in an upper story above a restaurant.
b. No speakers or other electronic devices, which emit sound are
permitted outside of the principal structure if the use is located
within 500 feet of a residential district.
c, Hours of operation shall be limited to 7 a,m. to 10 p.m. if located
within 500 feet of a residential district.
d, Additional parking will not be required if the outdoor seating area
does not exceed 500 square feet or 10% of the gross floor area of the
restaurant, whichever is less. Parking will be required at the same
rate as the principal use for that portion of outdoor seating area in
excess of 500 square feet or 10% of the gross building area,
whichever is less.
(4) Outdoor seating and service of food and alcoholic beverages is permitted
as an accessory use if:
a, All the requirements of subsection 3a-d listed above are met.
b, Access to and from the outdoor area shall be through the indoor
seating area, There shall be no direct access to the outdoor seating
area from the parking lot or street.
c. Food service to the outdoor area shall be provided during all hours of
operation,
d. No bar shall be located in the outdoor area, except a service bar for
the exclusive use of the employees,
12/10/01
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(5) Awnings and signs extending over the public right-of-way may be
permitted subject to approval of a "Private Use of Public Property"
agreement in a form authorized by the City Attorney, and the provisions of
subsection 1107,801.
(6) Outdoor Sales is permitted as an accessory use with the following
conditions:
· The items displayed must be related to the principal use.
· The area allowed for outdoor sales is limited to 30% of the gross floor
area of the principal use.
· The area must be landscaped and fenced or screened with a Bufferyard
Type D from view of neighboring residential uses or abutting any "R"
district.
· A decorative fence or wall a minimum of 3 feet in height shall be
located between the sales area and any public street or pedestrian way.
· All lighting must be hooded and so directed that the light source shall
not be visible from the public right-of-way or from neighboring
residential properties and compliant with subsection 1107.1800,
. Areas must be hardsurfaced with asphalt, concrete, decorative concrete
interlocking pavers, or other equivalent material approved by the City.
1102.1105 Dimensional Standards
These are the lot requirements for lots in the C-3 District.
. Minimum lot width - 30 feet
· Front yard - minimum setback - 0, maximum setback - 20 feet, measured
from the right-of-way
. Side yard - no minimum setback - maximum setback - 10 feet, unless parking
is located within the side yard
. Rear yard - minimum 10 feet
. Maximum floor area ratio - 3.0
. Minimum floor area ratio- 0.5
. Build-to line. Along Main Avenue, a build-to line is established a distance of
5 feet from the inner edge of the street right-of-way (in most cases, this is the
inner edge of the sidewalk). At least 70 percent of the building f~ade that
fronts Main Avenue must be built out to this line,
. Maximum height - 35 feet or three stories, whichever is greater. Multiple-use
structures with residential uses on the upper floors may be a maximum of 45
feet.
1102.1106
Design Standards in the "C-3" Specialty Business District
12/10/01
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(1) Purpose of standards. The purpose of this section is to provide guidance
and direction in the development and redevelopment of the Downtown
business district in a manner that reinforces the role of Downtown as the
community focus of government, culture and social interaction. This
section is also intended to assist in the implementation of the guidelines
and recommendations contained in the report entitled Prior Lake
Downtown Streetscape dated August, 2001 as well as the graphics entitled
Main Street Design Guidelines, Main Street Hardscape Design Elements,
Main Street Softscape Design Elements and the Main Street Master Plan.
The City will follow these reports and graphics in designing and
developing the public elements of the streetscape and private owners are
encouraged to follow the recommendation in these documents that are not
expressly spelled out in these regulations when developing or
redeveloping private property.
(2) Applicability. The design standards and the design review process shall
apply to the following activities:
a. All new construction.
b. Any renovation, expansion or other exterior changes to existing
nonresidential and/or multifamily buildings, including repainting.
c, Any development or expansion of parking areas.
d, Any other exterior alteration that requires a building permit.
The standards shall apply only to the building or site elements being
developed or altered, That is, changes to a building shall comply with
those standards that pertain to buildings, while changes to a parking area
shall comply with standards for parking areas, but not for buildings. The
Planning Director will make the initial determination as to which
standards are applicable,
There are many ways to achieve the same design objective. The City may
permit alternative approaches that, in its determination, meet the
objective(s) of the design standard(s) equally well,
(3) Application for Design Review. An application for Design Review shall
be on a form provided by the City, and shall include the following
information, in addition to any information required for site plan review
under Section 1108.903.
a. Elevations, Complete exterior elevations of all proposed buildings and
existing buildings if they are joined to new development. Elevations
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should be drawn at an appropriate scale (usually W' = I') and should
show:
. All signs to be mounted on the building(s) or erected on the site;
· Designations of materials and colors to be used on all exterior
facades
b, Materials sample. Material samples shall be presented, including color
and material type for walls and roof.
c, Color samples, Samples of all principal and secondary colors to be
used,
d, Context. Photographs of surrounding buildings on the same block or
street, to address issues of context.
(4) Administration and Review Procedures. The following design standards
shall supplement the standards and process outlined in Section
1108.900, Site Plan Review. After receipt of a complete application, the
Planning Department will refer the application to City Departments and
to other parties having jurisdiction. The Planning Department will then
review the proposed development for compliance with the guidelines in
this Section and other applicable ordinances, Within 60 days of receipt
of a complete application, the Planning Staff will take action to approve
or deny the application, If a site plan review is needed, the two
processes will be conducted concurrently.
(5) Design Standards
The following design standards shall supplement the standards and process
outlined in Section 1108.900, Site Plan Review.
a. Compatibility with lake theme. Site elements, including landscaping,
lighting, signage, etc, should be compatible with the lake theme for public
improvements within the downtown, as expressed in the Design Theme
Standards and Criteria.
b. Renovation of Existing Buildings. Inappropriate fa~ade additions should
be removed to the extent feasible during building renovation. These may
include, but are not limited to, wood or plastic shake mansard roofs, plastic or
oddly shaped awnings, window opening infills or surrounds designed to reduce
the size of window openings, modern siding materials inconsistent with the
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original fll9ade, and light fixtures inconsistent with the building's original style
or the downtown lake theme,
· Masonry buildings should be cleaned as necessary to lighten the
overall color,
· New masonry work should match the color and materials or the
original fa~ade,
. Wherever practical, fll9ade renovations should not destroy or cover
original details on a building, Brick and stone facades should not be
covered with artificial siding or panels,
. Original window and door openings should be maintained wherever
practical. New window and door openings should maintain a similar
horizontal and vertical relationship as the original.
c. General infill principles. Infill buildings should reflect the original design
of surrounding storefront buildings in scale and character, This can be
achieved by maintaining similar setbacks, building height and proportions,
cornice lines, horizontal lines of windows and openings, and compatible
building materials and colors. Where such original buildings are missing or
have been extensively altered, the other design standards in this section shall'
be applied.
d. Building fal;ade width and articulation. Buildings should be oriented with
the primary axis perpendicular to the primary fronting street. A building width
of 40 feet or less is encouraged. Buildings of more than 40 feet in width shall
be divided into smaller increments (between 20 and 40 feet) through
articulation of the fal;ade, This can be achieved through combinations of the
following techniques, and others that may achieve the same purpose,
. Fll9ade modulation - stepping back or extending forward a portion of
the fa~ade
. Vertical divisions using different textures or materials (although
materials should be drawn from a common palette)
. Division into storefronts, with separate display windows and entrances
. Variation in rooflines by alternating dormers, stepped roofs, gables, or
other roof elements to reinforce the modulation or articulation interval
. Arcades, awnings, window bays, arched windows and balconies at
intervals equal to the articulation interval
e. Building fal;ade articulation - horizontal
. Most traditional storefront commercial buildings have a strong pattern
of base, middle and top, created by variations in detailing, color and
materials, New buildings should respond to this pattern,
. New buildings should have articulated tops, This articulation might
consist of pitched roofs, dormers, gable ends or cornice detailing.
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· The ground level of any multi-story structure should be visually
distinct from the upper stories. This can be achieved through the use of
an intermediate cornice line, a sign band, larger window openings,
projections, awnings and canopies, changes in materials or detailing,
or similar techniques.
· While diversity is encouraged, materials, colors and textures on all
levels of a building's facade should be drawn from a common palette,
and should be visually compatible with each other.
f, Two-story expression. One-story buildings should be designed to convey
an impression of greater height through the use of pitched roofs with dormers
or gables facing the street, or the use of an intermediate cornice line to separate
the ground floor and the upper level.
g, Entrances. The main entrance should always face the primary street, with
secondary entrances to the side or rear, and should be placed at sidewalk grade.
Entrances should be emphasized and made more obvious through the use of the
following techniques or similar ones:
· Canopy, portico, overhang, arcade or arch above the entrance
· Recesses or projections in the building facade surrounding the entrance
. Peaked roof or raised parapet over the door
. Display windows surrounding the entrance
· Architectural detailing such as tile work or ornamental moldings
. Permanent planters or window boxes for landscaping
h. Windows and doors. Windows and doors should comprise at least 40
percent of the area of any ground floor fat;ade facing a public street (defined as
extending from ground level to 12 feet in height), Windows should have a
generally vertical orientation.
Windows and doors should comprise at least 10 percent of the ground level
side or rear fat;ade facing a public right of way, parking area or open space.
Qualifying windows or doors must be transparent, allowing views into and
out of the interior, or may include display windows set into the wall.
Reflective glass is not permitted.
i. Awnings. When awnings are used, they should extend only across individual
storefronts, not across more than one storefront or building. Awnings should be
a simple shed form; rounded awnings are prohibited, Canvas or other fabric
awnings are most desirable; metal, wood shake and plastic should not be used.
Internally-illuminated awnings are prohibited.
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j, Side and rear facades. Side and rear facades that contain customer entrances
or that adjoin off-street parking areas should be treated as extensions of the
storefront or front f~ade. Building materials should be of similar quality as
those on front facades, although detailing may be simpler. Entrances should be
clearly delineated using the techniques mentioned above.
k, Mechanical equipment screening
Utility service structures such as utility meters, transformers, above ground
tanks, refuse handling, loading docks, maintenance structures and other
ancillary equipment must be inside a building or be entirely screened from off-
site views by a decorative fence, wall or screen of plant material of sufficient
height. Fences and walls shall be architecturally compatible with the primary
structure. Loading docks or doors should always be located on a side or rear
elevation.
1. Colors. Building colors should consist predominantly of subtle, neutral or
muted colors, with low reflectance. Recommended colors include browns,
grays, tans, beiges, and dark or muted greens, blues and reds. No more than
two principal colors may be used on a fa~ade. Accent colors not to exceed 10%
of the area of the building fa~ade shall be from the same color palette as the
principal colors, This standard does not apply to murals or other approved
public art.
m. Signs
Within the "C-3" District, maximum sign area per property shall not exceed I square foot
of sign area per linear foot of street f~ade at the front yard, One sign is allowed for each
usable public entry to a building, Wall signs and projecting signs are permitted, Free-
standing signs are permitted only in an existing front yard,
Projecting signs: Projecting signs shall not exceed 8 square feet in area and may project
no more than 4 feet from the building face. Signs must maintain a minimum clearance of
9 feet above a sidewalk and 15 feet above driveways or alleys, No projecting sign shall be
located within 25 feet of another projecting sign,
Sign design guidelines
Signs should be architectura1ly compatible with the style, composition, materials, colors
and details of the building, and with other signs on nearby buildings.
Signs should be positioned so they are an integral design feature of the building, and to
complement and enhance the building's architectural features, Signs should not obscure
or destroy architectural details such as stone arches, glass transom panels, or decorative
brickwork
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Sign Colors. Sign colors shall be compatible with the building fayade to which the sign
is attached. No more than three colors should be used per sign, unless part of an
illustration. A combination of soft/neutral shades and dark/rich shades within the palette
ofthe building colors shall be used,
Materials. Sign materials shall be compatible with the original construction materials
and architectural style of the building facade on which they are to be displayed. Natural
materials such as wood, stone and metal are preferred but other materials that are equally
durable and replicate the appearance of natural materials are acceptable,
Illumination. External illumination of signs is permitted by incandescent, metal halide
or fluorescent light that emits a continuous white light. Light shall not shine directly onto
the ground or adjacent buildings. Neon signs are permitted in windows. Internally lit box
signs and awnings are not permitted, with the exception of theater marquees,
n. Parking
Parking location. If off-street parking is provided within the "C-3" District, it shall be
located to the side or rear of the principal building, not between the building and the
street. Parking may not occupy a comer location,
Parking lot screening. Parking lots adjoining the sidewalk or a walkway shall be
separated from it by a landscaped yard at least 4 feet wide, containing a decorative fence
or wall between 2 Y. and 3 feet in height. One canopy tree shall be provided for each 25
linear feet of parking lot frontage on a public street or accessway.
Parking lot landscaping. The comers of parking lots and all other areas not used for
parking or vehicular circulation shall be landscaped with turf grass, native grasses or other
perennial flowering plants, vines, shrubs and trees, Such spaces may include architectural
features such as benches, kiosks or bicycle parking.
The interior of parking lots containing 20 or more spaces shall contain landscaped areas
equal to at least 15% of the total parking lot area, including a minimum of one deciduous
shade tree per 10 parking spaces, Lawns or landscaped areas within 10 feet of the perimeter
of the parking lot may be counted toward the required landscaping,
1102.1106 NON-CONFORMITIES: The adoption of this ordinance is not intended to
create non-conforming uses within the C-3 Specialty Business District. All land uses within
the C-3, Specialty Business District existing as of the effective date of this ordinance shall
be allowed to continue in operation and are allowed to remodel or upgrade their property
pursuant to the applicable provisious of this section. Such land uses may expand their size,
provided that the expansion occurs on the parcel of record occupied by the use as of the
effective date of this ordinance, Expansion on properties acquired after the effective date of
this ordinance is prohibited,
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1102.1107 MODIFICATIONS: Any person seeking to remodel an existing building in
the C-3, Specialty Business District may seek a modification of the Design Standards
contained in Section 1102,1106 when it can be demonstrated the application of the
Design Standards will result in undue hardship or practical difficulties to the owner or
developer of the affected property, An application for such modifications shall
accompany the building permit application and shall state the rationale for each such
request. The rationale shall include an estimate of any financial costs resulting from full
compliance with the Design Standards. The request for modification of the Design
Standards shall be processed under the procedural requirements for a conditional use as
outlined in Section 1108.206 of this Ordinance,
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....
SUMMARY OF ORDINANCE 01-XX AMENDING THE ZONING ORDINANCE BY
REPEALING SECTION 1102.1100 OF THE ZONING ORDINANCE AND
ADOPTING A NEW SECTION 1102.1100
On November 5, 2001, the City Council adopted Ordinance 01-XX amending the zoning
ordinance by repealing Section 11 02.11 00 which is the Downtown zoning district and
adopting a new Section 1102,1100. Minnesota Statutes permit the publication of a
summary of this ordinance and the City Council has found that summary publication of
this ordinance will meet the intent ofthe statute,
Summary of Ordinance 01-XX
This ordinance creates new regulations for the C-3 Specialty Business District which is
the zoning district covering the Downtown Business District. The ordinance consists of
six major sections as follows:
Section 1102.1101 Permitted Uses
Section 1102.1102 Uses permitted with conditions
Section 1102.1103 Uses in combination
Section 11 04,11 04 Accessory uses
Section 1102,1105 Dimensional standards
Section 1102,1106 Design standards
Section 1102.1101 Permitted uses-This section enumerates the uses that are permitted in
the district as a matter of right. It places restrictions on the type and size of retail uses
allowed in the district and further restricts the establishment of heavier commercial uses.
Section 1102.1102 Uses permitted with conditions-This section enumerates the uses are
permitted in the district subject to compliance with conditions in the ordinance. These
uses do not require review by the Planning Commission or City Council
Section 1102.1103 Uses in combination-This is a new section that encourages the
combination of certain uses on a single parcel or building. The uses include multiple
family dwellings, retail, offices, services, studios and restaurants,
Section 11 02.11 04 Accessory uses-This section enumerates the uses that are allowed as
accessories to principal uses allowed in the district.
Section 11 02.1105 Dimensional standards- This section lists the requirements for lot
sizes, building height and setbacks, floor area ratios and establishes a build-to line for
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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buildings fronting on Main A venue, This requires at least 70 per cent of a buildings
fa~ade to be located within 5 feet of the sidewalk or lot line,
Section 1102,1106 Design standards-This section contains design standards to be applied
to new developments or renovations of existing structures. The standards include
requirements for architectural and site design elements including building orientation,
fayade treatments, entrances, windows and doors, awnings, mechanical equipment
screening, colors, signs, building materials, lighting and parking lots.