HomeMy WebLinkAbout8A Dedicated Waterfront
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: March 28, 2016
AGENDA #: 8A
PREPARED BY:
PRESENTED BY:
CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST
SARAH SCHWARZHOFF, ASSISTANT CITY ATTORNEY
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTIONS 1101
GENERAL PROVISIONS, 1102 USE DISTRICT REGULATIONS AND 1104
SHORELAND REGULATIONS OF THE PRIOR LAKE ZONING ORDINANCE
RELATING TO DEDICATED WATERFRONT
DISCUSSION: Introduction
The purpose of this public hearing is to consider approval of an Ordinance
amending Sections 1101 General Provisions, 1102 Use District Regulations and
1104 Shoreland Regulations of the Prior Lake Zoning Ordinance relating to Ded-
icated Waterfront.
A Dedicated Waterfront is a parcel of land which is dedicated by virtue of a grant
or dedication on a plat, and which is used to provide access to, and/or use of,
public waters for non-riparian lot owners. A Dedicated Waterfront is generally a
parcel of land located between the Ordinary High Water Elevation (OHW) and
residential lots and is dedicated for the joint use of all owners of property within
a specific subdivision.
History
Over the past two years the Prior Lake City Council has adopted two Zoning
Ordinance amendments related to Recreational Marinas, Commercial Marinas
and Controlled Access Lots.
At the request of property owners within the Sunfish Bay subdivision, city staff
and the City Attorney met with six Prior Lake residents on November 5, 2015.
The main purpose of the meeting was to review how the most recent Controlled
Access Lot ordinance amendments relate to Dedicated W aterfront parcels;spe-
cifically for the Dedicated Waterfront on the plat of Sunfish Bay.
The 1925 plat of Sunfish Bay dedicated ‘Waterfront’ for the joint use of the re-
spective owners of property within the plat. The plat does not detail what “use”
is permitted and there is no homeowners’’ association for the subdivision. In
addition to Sunfish Bay, city staff has identified sixteen other plats that contain
similarly dedicated waterfront property without providing details or a homeown-
ers’ association. The residents of Sunfish Bay, who attended the meeting, felt
the Sunfish Bay Dedicated Waterfront should be considered a non-conforming
Controlled Access Lot, and as such, the docks and boat slips which had been
installed in the past should be considered ‘grandfathered in’ and allowed to re-
main. The residents also expressed their belief that the non-conformity could
not be expanded, meaning the installation of additional docks or boat slips by
other property owners within their subdivision should be prohibited.
2
Because the ordinance amendments previously approved by the City of Prior
Lake did not contemplate the regulation of dedicated waterfront parcels, on No-
vember 9, 2015, in response to resident concerns, the Prior Lake City Council
passed an interim ordinance imposing a five-month moratorium on the place-
ment or installation of any docks on waterfront properties dedicated by plat for
the joint use of the owners of the lots. Under the terms of the moratorium, the
Council directed city staff and the City Attorney’s Office to explore and evaluate
the city’s options for the regulation of docks or boat slips on Dedicated W aterfront
parcels.
The City Attorney’s Office prepared a memo discussing the various options avail-
able to the city related to regulation of boat slips on common waterfront property
dedicated by plat for the joint use of lot owners within a subdivision. The memo
was reviewed and discussed by the City Council during a January 25th work ses-
sion. City Council members considered six options for regulation of dock and
boat slip limits on waterfront properties dedicated by plat.
During the January 25th work session, the City Council provided direction to staff
and the City Attorney that the city would consider Dedicated Waterfront as non-
conforming Controlled Access Lots. The Council provided further direction that
the allowable number of boat slips should be calculated at the same ratio as
Controlled Access Lots, which is one boat slip per 18.75 feet of shoreline at the
OHW .
Current Circumstances
The February 22nd City Council meeting included an agenda item to terminate
the moratorium prohibiting installation or placement of docks, extending from
and/or accessed by certain property within the City of Prior Lake. Prior to con-
sideration of this agenda item, three members of the Sunfish Bay subdivision
spoke at the open forum and objected to the City Council’s determination that
Dedicated Waterfront lots are legally non-conforming Controlled Access Lots
and will have boat slips calculated at the same ratio as Controlled Access Lots.
The residents felt the Sunfish Bay Dedicated Waterfront did not comply with
many of the Controlled Access Lot Conditional Use Permit requirements and
should be ‘grandfathered in’ as a legally non-conforming use, allowing the cur-
rent docks and boat slips to remain and prohibiting any additional docks or boat
slips.
The City Council took action on February 22nd to not terminate the moratorium
and instead provided direction to staff to amend the Zoning Ordinance to identify
Dedicated Waterfront as a Permitted Use in the R-1, Low Density Residential
Use District and regulate boat slips along Dedicated Waterfront at the ratio of
one slip per 18.75 of shoreline at the OHW. The other conditions required for
Controlled Access Lots, such as the requirement to have a neighborhood asso-
ciation, restrooms, parking spaces, trash receptacles, etc., would not apply to
Dedicated Waterfront.
The Prior Lake Planning Commission held a public hearing on March 21, 2016
and recommended forward to the City Council all of the proposed amendments.
A number of people spoke at the hearing as residents of Sunfish Bay. They want
dedicated Waterfront property to be deemed a nonconforming Controlled Access
Lot, which would then establish the number of allowed docks or boat slips at a
specified time related to the ordinance amendment. They feel that ten docks
3
would be that maximum number (although the ordinance regulates boat slips
rather than docks). Ultimately, those residents testifying at the hearing feel that
allowing a maximum of 23 boat slips is too many.
Conclusion
The City Attorney has prepared the attached ordinance, as directed by the City
Council, amending Subsections 1101.1000 (Land Use Descriptions); 1102.401
(Permitted Uses in the R-1, Low Density Residential Use District); and 1104.307
(Additional Special Provisions within the Zoning Provisions/Shoreland Regula-
tions) of the Prior Lake Zoning Ordinance. The proposed amendment defines
Dedicated Waterfront, identifies Dedicated Waterfront as a permitted use within
the R-1, Low Density Residential Use District and amends the Shoreland Regu-
lations to establish a maximum ratio of one boat slips per 18.75 feet of lot width
at the OHW for Dedicated Waterfront.
The proposed amendments include the insertion of the following definition of
Dedicated Waterfront within Subsection 1101.1000; Dedicated Waterfront. A
Dedicated Waterfront is a parcel of land which has all of the following elements:
(i) the parcel of land is used as a Mooring Facility for access to public waters for
non-riparian lot owners; (ii) the source of the right to access public waters is by
virtue of a grant or dedication on a plat; and (iii) the lots with the right to access
public waters are not subject to recorded homeowners’ association documents.
Only those parcels that exist in this manner as of January 1, 2016 shall qualify
as Dedicated Waterfront.
Subsection 1102.401 will be amended by adding “Dedicated Waterfront” to the
list of permitted uses in the R-1, Low Density Residential Use District.
Subsection 1104.307 within the Shoreland Regulations will be amended by in-
serting a new (8) to read as follows: Dedicated Waterfront are permitted only in
R-1 zoning districts. No new Dedicated Waterfront may be established after
January 1, 2016. Dedicated Waterfront are permitted a maximum of 1 Boat Slip
for every 18.75 feet of Lot width as measured at the OHW.
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 Ordi-
nance, 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 re-
quirements.
There is a public need for the amendments. Recent Zoning Ordinance
amendments related to Controlled Access Lots did not contemplate, and inad-
vertently excluded, the regulation of Dedicated Waterfront parcels. The pro-
posed ordinance amendments will identify the Dedicated Waterfront land use as
4
a Permitted Use within the R-1, Low Density Residential Use District and will
establish a maximum ratio of one Boat Slip for every 18.75 feet of lot width as
measured at the Ordinary High Water Elevation for the approximately seventeen
Dedicated Waterfront parcels in the City of Prior Lake.
The adoption of this amendment is consistent with State and/or federal re-
quirements. The Minnesota DNR reviewed the proposed amendments to the
Shoreland Ordinance and found the amendments to be substantially compliant
with the statewide rules. The MNDNR provided a letter of conditional approval
of the Shoreland Ordinance amendments (attached).
Based upon the findings set forth in this report, the City Council’s direction during
their February 22, 2016 meeting and the Prior Lake Planning Commission’s rec-
ommendation following public hearing on March 21, 2016, city staff is recom-
mending approval of the ordinance amendment which defines Dedicated Water-
front, identifies Dedicated Waterfront as a Permitted Use in the R-1, Low Density
Residential Use District and establishes a maximum number of boat slips based
on a ratio of one boat slip per 18.75 feet of shoreline at the OHW.
ISSUES: Some residents of the Sunfish Bay subdivision have voiced their opposition to
the proposed ordinance amendments and expressed a desire to be considered
a non-conforming Controlled Access Lot with the expectation that the City of
Prior Lake would prevent any additional docks or boat slips from being installed
along the Dedicated Waterfront. Some of the Sunfish Bay residents have sub-
mitted a letter for Planning Commission and City Council consideration (at-
tached). The majority of the topics addressed by the letter have previously been
addressed by the city council unless the council wishes to reverse its position on
matters previously discussed.
The establishment of Dedicated Waterfront standards will provide staff with a
uniform and consistent approach to regulation and enforcement of all seventeen
Dedicated Waterfront in Prior Lake as opposed to having separate standards for
each of the seventeen subdivisions which include a Dedicated Waterfront. Staff
believes it would be highly unlikely that the MnDNR would approve standards
which are unique to each waterfront subdivision. Moreover, such a law because
of its inherent inconsistencies would be hard to publicize and for the public to
comply with because of its inconsistensies.
Even as written, the ordinance will be difficult to enforce as there is no home-
owner’s association to represent all properties in the subdivision. Accordingly,
enforcement action may have to be taken against all properties in the subdivision
with its attendant complexity, confusion and additional expense. But it is the
staff’s position that some form of regulation is preferable to none for the 17 wa-
terfront plats within the community.
ALTERNATIVES: 1. Motion and a second to approve the Ordinance amending Subsections
1101.1000, 1102.401 and 1104.307 of the Prior Lake Zoning Ordinance as
proposed. No resolution is included since the ordinance will be published in
its totality.
2. Motion and a second to deny the Ordinance amending Subsections
1101.1000, 1102.401 and 1104.307 of the Prior Lake Zoning Ordinance.
3. Motion and a second to table action and to provide direction to staff and con-
tinue discussion at a future meeting.
5
RECOMMENDED
MOTION:
Alternative #1
ATTACHMENT: 1. Proposed Redline Amendments
2. MNDNR Conditional Approval of Shoreland Ordinance Amendments
3. Sunfish Bay Resident Letter and Exhibits
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. XXX-XX
AN ORDINANCE AMENDING CITY CODE SUBSECTIONS 1101.1000, 1102.401, AND 1104.307 RELATING TO
DEDICATED WATERFRONT AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER
THINGS CONTAINS PENALTY PROVISIONS.
The City Council of the City of Prior Lake, Minnesota ordains:
1. City Code Section 1101, Subsection 1101.1000 is amended by inserting the following definition in alphabetical order:
Dedicated Waterfront. A Dedicated Waterfront is a parcel of land which has all of the following elements: (i) the parcel
of land is used as a Mooring Facility for access to public waters for non-riparian lot owners; (ii) the source of the right
to access public waters is by virtue of a grant or dedication on a plat; and (iii) the lots with the right to access public
waters are not subject to recorded homeowners’ association documents. Only those parcels that exist in this manner
as of January 1, 2016 shall qualify as Dedicated Waterfront.
2. City Code Section 1102 is amended by adding “Dedicated Waterfront” to the list of permitted uses in Subsection
1102.401.
3. City Code Section 1104, Subsection 1104.307 is amended by inserting a new (8) to read as follows:
(8) Dedicated Waterfront are permitted only in R-1 zoning districts. No new Dedicated Waterfront may be
established after January 1, 2016. Dedicated Waterfront are permitted a maximum of 1 Boat Slip for every
18.75 feet of Lot width as measured at the Ordinary High Water Elevation.
4. City Code Section 104 entitled “General Penalty” is adopted in its entirety by reference, as though repeated verbatim.
5. This Ordinance shall become effective from and after its passage and publication and its approval by the Minnesota
Department of Natural Resources.
Passed by the City Council of the City of Prior Lake this 28th day of March, 2016.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
Published in the Prior Lake American on the 2nd day of April, 2016.
SECTION 1101
GENERAL PROVISIONS
EXCERPT
1101.1000: LAND USE DESCRIPTIONS: The land use categories permitted by this Ordinance
are described in this Subsection. Subsection 1109.102 empowers the Zoning
Administrator to make interpretations identifying which land use category a proposed
land use fits within.
Dedicated Waterfront. A Dedicated Waterfront is a parcel of land which has all
of the following elements: (i) the parcel of land is used as a Mooring Facility for
access to public waters for non-riparian lot owners; (ii) the source of the right to
access public waters is by virtue of a grant or dedication on a plat; and (iii) the lots
with the right to access public waters are not subject to recorded homeowners’
association documents. Only those parcels that exist in this manner as of January
1, 2016 shall qualify as Dedicated Waterfront.
SECTION 1102
USE DISTRICT REGULATIONS
EXCERPT
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
Dedicated Waterfront
SECTION 1104
SHORELAND REGULATIONS
EXCERPT
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 imp ose that are
intended to promote the health, safety and welfare of the residents within
the City
Ord. Amd. 115-23, Pub. 10/10/2015
(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)
(8) Dedicated Waterfront are permitted only in R-1 zoning districts. No new
Dedicated Waterfront may be established after January 1, 2016. Dedicated
Waterfront are permitted a maximum of 1 Boat Slip for every 18.75 feet of
Lot width as measured at the Ordinary High Water Elevation.
March 11, 2016
Planning Commission,
We, the homeowners of Sunfish Bay, respectfully request your consideration of our
concerns as citizens of Prior Lake regarding the City Council’s plan to amend Ordinance
1102.
The City Council is attempting to modify this ordinance with the sole objective to exclude
homeowners of our division specifically to avoid having to enforce the ordinance. Such
rationale is highly concerning and potentially unethical; such a justification is not
compelling and engenders serious questions regarding the functioning of the Council.
Importantly, such action does not meet the spirit of the Shoreline Overlay District
document, which notes the purpose is to “provide for the wise utilization of shoreland
areas in order to preserve the quality and natural character of these protected waters of
the City1.”
Background:
Pre-June 2014: City Code 1104.307(3) defined controlled access lots, in agreement with
the DNR rules regulating such lots. Because dedicated waterfront properties in the city
were established prior to this Code, but cannot meet or exceed the listed standards,
SunFish Bay is legally non-conforming as of the effective date of this first regulation.
June 2014: Various representatives from the city confirmed to numerous homeowners
in our division that Ordinance 1102 (previously 1104, including in its June 2014
amended version) applied to SunFish Bay. As, such we have been under the working
premise that it applies since that point in time; the understanding being that while
SunFish Bay, as a non-conforming controlled access lot (as defined by City Ordinance
11022), would not qualify for dock/slip placement under the current day criteria/ordinance
(because of its non-conformity), that the docks that were there as of the date of the
ordinance could remain (be “grandfathered in” we were told); however, no additional
docks may be placed. This satisfied the homeowners as there is very little deviation
year-to-year in dock presence in the bay, and we were relieved to have official
expectations set for the maintenance of this shoreline area (given the ongoing expansion
in use of the lake in general). While the amendment did modify some language (refer to
slips rather than docks) and add a calculation for use to determine maximum number of
slips, it did not change the legal non-conforming status of Dedicated Waterfronts (i.e.
these amendments were specific to Controlled Access lots and thus did not impact
SunFish Bay due to its non-conforming status)- an interpretation confirmed by the City
Attorney’s Office3.
October 2015: The ordinance was amended again in October 2015. The amendment
did not have substantive impact on the status of SunFish Bay, but it then became the
understanding of SunFish Bay lot owners that the October 2015 date was the new date
of approval and thus, that was the date at which no more docks could be placed. Again,
since dock number/placement had not changed from the previous year, it did not
1 City Ordinance 1104.202, “Shoreland District” p. 4
2 City Ordinance 1102.403.7, p. 33-35
3 Memorandum from City Attorney, “June 2014 Amendments” p. 39
represent an issue. The amendment also changed the calculation to be used for
controlled access lots, again, not applicable to SunFish Bay (as a non-conforming lot).
Further, this amendment added that:
Any Controlled Access lot legally existing on the date of the ordinance (Oct 10
2105) [but not in conformity] is legal nonconforming use and, as such, may be
continued, including through repair, replacement, restoration, maintenance or
improvement, but not including expansion4.
This is affirmed in the memorandum from Ric Rosow and Maggie Evavold (from the City
Attorney’s Office)5 reviewed during the working session on January 25 2016. The
document additionally notes that this provision is consistent with state law. Minn. Stat.
462.357, Subd. 1e(a).
November 2015: Homeowners brought concerns to the city that a property owner (who
does not have a residence on the land) intended to (and in fact began to) add multiple
docks in this space. The homeowners discussed this matter with the city at an in-person
meeting on November 5 2015 and the city informed the homeowners that there is
nothing the city can do about this matter. The homeowners noted that this violates the
ordinance governing non-expansion of non-conforming controlled access lots. It was at
this time that the city changed course and stated that SunFish Bay is not covered by
Ordinance 1102 (previously 1104). This was surprising and contradictory information to
multiple individuals who had, individually and from varying city sources, been told that
the ordinance did apply. At that point, the city took the stance that SunFish Bay is
neither a Controlled Access Lot nor a Non-Conforming Controlled Access Lot and
therefore, is not covered by the ordinance.
Substantial confusion ensued.
Given the confusion following that meeting, the City Council requested a review of the
ordinance by the City Attorney’s Office, conducted by Maggie Evavold; the results of
which would be reviewed at the Working Group session of the City Council on January
25, 2016.
January 2016: Maggie Evavold presented her analysis at the January 25 2016 working
session, at which many SunFish Bay residents were present. She indicated that:
To our knowledge, all Dedicated Waterfront properties in the City were
established prior to the adoption of any Code provision regulating Controlled
Access Lots. Because they are “lots intended as controlled access to public
waters or as recreational areas by owners of non-riparian lots within
subdivisions,” but cannot meet or exceed the listed standards, Dedicated
Waterfront lots became legally non-conforming Controlled Access Lots on the
effective date of this first regulation6.
She specified that the lots have been non-conforming since the date of approval of City
Code 1104.307(3) (prior to June 28 2014). Additionally, she confirmed that such a
categorization was consistent with DNR rules (Minn.R 6120.3300, subp. 2.E).
4 City Ordinance 1102.403(7)(o): p. 35 5 Memorandum from City Attorney “October 2015 Amendments”: p. 39-40
6
Memorandum from City Attorney “Pre-June 2014”: p.38-39
The City Attorney’s Concluding paragraph of the Memorandum states:
Based on our research and interpretation of the various Code provisions
and amendments, it is our opinion that Dedicated Waterfront lots are legal
nonconforming Controlled Access Lots under current Code provisions.
They are therefore entitled to continue but not expand the existing use of
the property, including maintaining the same number of boat slips that
existed as of the date of the most recent Code amendment7.
At this working session, Councilor Keeney noted that the council did not intend to include
SunFish Bay in the ordinance when it was created. While previous intention is difficult to
confirm, the City Attorney’s Office noted in their report that “The fact that the SunFish
Bay waterfront was not listed as one of the legally nonconforming controlled access lots
in the October 2015 amendment does not affect its status as such.8”
Therefore, the determination seemed official: SunFish Bay is a legally non-
conforming controlled access lot for which no expansion is allowed.
At this point, however, more confusion ensued. According to multiple city ordinances,
non-conforming controlled access lots may not expand beyond the date of the
ordinance. However, the City Council continues to clearly and repeatedly state that
they do not want to be involved in the enforcement of this ordinance and therefore, now
that it was determined the ordinance applies to SunFish Bay, attempts to avoid
enforcement began.
As the conversation at the Work Session morphed around how to avoid enforcement of
this matter in SunFish Bay, the idea to apply the Controlled Access Lot calculation for
maximum slips was proposed. The rationale behind the proposal was clearly stated-
that SunFish Bay was unlikely to reach that maximum number and therefore, the city
would not have to intervene. Such a flagrant effort to avoid doing their job is quite
striking.
There were also some comments regarding approximately 16 other sections of the lake
that are affected similarly. While there may be that number of other plats that describe
dedicated lots, the majority of these plats do not share the same configuration of riparian
properties at the lake and/or have other distinctions that make them dissimilar. In fact,
that there are a number of other lots in this category of being dedicated (and yet with
unique distinctions) is an argument, in fact, for the city to maintain the expectations
already set forth for these properties under this ordinance (i.e. that they are non-
conforming and may not expand). The city is required to regulate the shoreland and it is
not good precedent to regulate some neighborhoods differently than others.
Following the Work Session on Jan 25, 2016, the homeowners present sent a
correspondence to the Sarah Schwarzhoff and Casey McCabe9. The correspondence
was intended to address ongoing concern regarding the city’s failure to apply the
ordinance as written to SunFish Bay… and the concern that, instead, the city seemed to
7
Memorandum from City Attorney “Part III: Conclusion”: p. 45
8
Memorandum from City Attorney “Sunfish Bay”: p. 40
9 Email correspondence from SunFish Bay property owners to the city regarding the Work
Session held on Jan 25 2016: p. 46-47
be erroneously planning to apply a calculation not applicable to SunFish Bay as a non-
conforming controlled access lot.
February 9 2016: Casey McCabe sent a letter to the SunFish Bay property owners
confirming that the City Council has decided that, even though SunFish Bay lots are
legally non-conforming lots, the city was none-the-less going to apply the conforming
controlled access lot calculation to the space10. In his letter he states: “Dedicated
waterfront properties such as Sunfish Bay are nonconforming Controlled Access Lots.
As such, they are allowed the number of boat slips that existed on the waterfront on the
date the property became a legal nonconforming use, or the maximum number permitted
under the Code, whichever is greater.” Such wording and/or sentiment (“or the
maximum number permitted under the Code, whichever is greater”) is not apparent in
the ordinance and it is unclear why the city would intentionally interpret the ordinance in
such a manner when the ordinance clearly states that no expansion is allowed.
In fact, three different City Ordinances and the DNR Shoreline guidance document state
clearly that nonconforming lots cannot expand:
1) City of PL Zoning Ordinance, Use District Regulations 1102. 1102.7.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 Statues 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
….as of the date of adoption of this ordinance11. (-- a statement in agreement
with the assessment by the City Attorney’s Office, the fact that we are not listed
in the table that follows does not negate the fact that this applies to SunFish
Bay.)
2) City of PL Zoning Ordinance, Shoreland Regulations, 1104. 1104.202.3:
Nonconforming Uses: Any uses of shorelands which were in legal existence prior
to the date of enactment of this section (June 2009) which are permitted within
the applicable use district, but do not meet the minimum lot area, setbacks or
other dimensional requirements of this chapter are nonconforming uses.
However, structural alterations which substantially increase the nonconforming
dimensions may not be allowed12.
3) City of PL Zoning Ordinance, Flood Plain Regulations 1105. 1105.900.1:
Nonconforming Uses: No such use shall be expanded, changed, enlarged or
altered in a way which increases its nonconformity13.
4) DNR Shoreland Guidance Document: The board of adjustment shall not grant
variances that expand or restore non-conforming land use. The board shall
impose conditions or order mitigation action to ensure that any variance granted
will not compromise the goals and intent of the communities shoreland
ordinance14.
10 Letter from City to Property Owners on Feb 9 2016: p. 48
11 Ordinance 1102.403.7.o: p. 35
12 Ordinance 1104.202.3: p. 4
13 Ordinance 1105.900.1: p. 56
14 DNR Shoreland Guidance Document Excerpts: p. 59
February 22, 2016: The City Council again discussed the matter of whether and/or how
the ordinance should apply to SunFish Bay at their meeting on 2/22/16. There were a
number of points from that meeting which require further analysis of the facts:
1) Sarah Schwarzhoff, noted that there is now agreement that we are non-
conforming controlled access lots, and as such would fall under an expectation of
"no expansion", BUT the city did not have any way to determine the dock
configuration at the time the ordinance was passed in Oct 2015. Therefore, they
have decided to instead default to the calculation for Controlled Access lots,
specifically to this (SunFish Bay) non-conforming lot to determine a maximum
number of slips—instead of upholding the ordinance which states that there can
be “no expansion” of use in these areas. That, under the current and previous
ordinances, SunFish Bay would not be allowed any docks/slips because it does
not meet the lot requirements (importantly, depth, but many others), it seems to
be an egregious leap to determine that the city will instead allow 23 because they
can not confirm what was there in Oct 2015 (which can be confirmed to be 10).
Such a conclusion fails to meet the spirit of the purpose of the Shoreline Overlay
District document which is to “provide for the wise utilization of shoreland areas
in order to preserve the quality and natural character of these protected waters of
the City.”
At this meeting, it was repeated that it is not possible to validate the number of
docks in October 2015. The homeowners respectfully disagree with this
assertion and have attached images of the configuration from August and
October 2015 from GoogleEarth15. Additionally, review of historical GoogleEarth
images over the last four years documents that the number and placement of
docks has remained essentially unchanged for years and is clearly determinable
and known by all owners. [If additional documentation- time-stamped
photographs, etc- is need, this can be provided upon request.] More importantly,
this sentiment documents an understanding on the part of the city that this
ordinance, as written, does apply to us (whether or not it was originally intended
to), but that they are not prepared to manage it. It is not acceptable that,
because the city claims to not be able to determine something (which is
determinable) that they therefore do not need to enforce their ordinance.
Requested Action: The city should work with the residents to confirm dock
placement in Oct 2015, grandfather in those docks, and uphold the ordinance,
which states “no expansion” beyond this date.
2) The conversation was shifted by Councilor Keeney who began to discuss
housing/building conformity codes... with the point becoming another new,
distinct interpretation of this ordinance that had not been introduced until this
point: that SunFish Bay boat slips are conforming, but other aspects make the
properties non-conforming and therefore lot owners can continue to expand the
conforming portion (docks/slips) until the maximum (but not to exceed it which
would make it non-conforming). Sarah Schwarzhoff agreed with Councilor
Keeney on this interpretation. However, and very importantly, this sentiment
15
Google Earth images of Sunfish Bay from August and October 2015: p. 61-62
is not what is stated in the ordinance. The ordinance clearly states that "non-
conforming lots can not expand" (not that they can not expand their non-
conforming portions, but can expand other/conforming portions). So while it is
understood what Councilor Keeney was saying, it is unrelated to the ordinance
1102 as written. Non-conformity, in Ordinance 1102, is a general category of lots;
lots falling into this category may not expand. It is clearly stated and this
interpretation is supported by legal review that has been sought in this matter.
Additionally, (see point 3 below), it would be our assertion that our boats slips are
currently non-conforming.
3) One of the aspects that make SunFish Bay non-conforming is lot depth. Lot
depth is one of the factors that was used to determine the appropriateness of the
18.75 calculation. That these lots do not meet the depth (10 foot setback)
expectation (among other criteria), is WHY the lots are nonconforming and is
also why the 18.75 calculation would not rationally apply. Part of the point of the
ordinance was to ensure that the amount of slips etc. is reasonable for the space
and thus, protects shoreland. As Councilor Keeney stated following the council
meeting (2/22/16) and others from the city have explained previously... according
to city code and this ordinance, SunFish Bay lots, because of their non-
conformity (which has existed prior to the amendment Oct 2015) would TODAY
not be allowed to place any docks/slips. This is because the city determined that
based on the lot depth (most relevant in our case) and other non-conforming
aspects, the lots/space are not suited for dock placement by today's
standards. Therefore, point 2 above is not the case. SunFish Bay boat slips are
not conforming presently to current day expectations, which would be that we
would have no boat slips at all. It seems a leap then, to say that the City Council
therefore intended to allow 23 with this ordinance (versus what is clearly stated
"no expansion" past date of ordinance for non-conforming lots).
Further, docks/slips are NOT currently conforming because in the previous
versions of the ordinance, it was never the expectation or allowed that
SunFish Bay could go to 23 docks or slips (i.e. the calculation never
applied to non-conforming lots). Instead, it was the expectation that these
lots not expand. Therefore, ANY expansion at this point, DOES expand
non-conforming use- a situation clearly prohibited by multiple city
ordinances and DNR guidance (referenced above).
Again we reiterate that the calculation being used is for lots that are conforming
controlled access lots. These are NOT SunFish Bay lots. The unique result of
being a non-conforming lot is that these lots do not meet the current standards of
conforming lots and thus CAN NOT EXPAND beyond the date of the ordinance—
that is what makes them different from the conforming lots (for which the
calculation applies). Therefore, allowing more docks/slips than are currently
there seems to be an egregious interpretation the fails to meet the intention
of the ordinance or protect the shoreline.
4) It was noted that the city views this as property owner disputes, and thus does
not see their place in managing it. As evidenced by the homeowners who
continue to be present at these meetings, there is sweeping support for the
expectation that this ordinance be applied. We have, for more than a year, been
under the impression that the ordinance applies to SunFish Bay... not because
we are looking for ways to circumvent dealing with the matter directly, but
because lot owners were told by a number of city officials and independent
attorneys that it applies to us. That it would help manage unruly neighbors from
time to time is secondary to a much larger and more important issue. It is
essential for the city to proactively manage shorelines and it is our understanding
that this is further required by the DNR. This matter is vital to the maintenance of
a healthy shoreline in SunFish Bay. The city's reluctance to get involved for fear
of litigation (as expressed during the council meeting) is not a compelling reason
to shirk its responsibility to the citizens of Prior Lake to provide clarity and
direction to meet the needs of its citizens.
The result of the City Council meeting on 2/22/16 was that the Council determined it
would amend the ordinance to remove SunFish Bay from its purview or amend the
ordinance in a way to confirm that SunFish Bay will be required to follow the controlled
access calculation. The residents oppose this proposal.
Summary:
The attempts by the City to evade responsibility have continued to evolve:
1) Initially (as previously discussed), evasion took the form of claiming SunFish Bay was
not considered a legally non-conforming lot- that the ordinance did not apply.
2) Next, following clear assessment from the City Attorney’s Office that SunFish Bay is in
fact a legally non-conforming lot, the messaging changed to suggest that the conforming
controlled access lot formula apply to SunFish Bay anyway (again picking and choosing
pieces of the ordinance). It was explicitly discussed on Jan 25, 2016 by council
members that such an approach would avoid the need to enforce the ordinance because
SunFish Bay is not likely to reach the maximum slip number if the formula is applied;
therefore, such a plan would be a good way to avoid having to manage the situation.
These sentiments were stated publicly and raise concern about the integrity of the
decision-making by the Council.
3) When it was pointed out by the property owners at the Council Meeting on Feb 22
2016 that the calculation should not apply because it is not meant for non-conforming
lots and the regulation for non-conforming lots clearly states “no expansion,” the
messaging again changed to indicate that “no expansion” was intended to indicate that
non-conforming lots can continue to expand their conforming portions, but not expand
their non-conforming portions. – a sentiment clearly NOT represented in the ordinance.
4) Lastly, following ongoing debate on the matter, the City Council has determined that
they will simply amend the ordinance to either a) exclude the lot owners so that they do
not need to manage the matter or b) create a completely new category for these lots to
avoid the need to enforce the ordinance.
CONCLUSION:
That the solution of the city-- to again amend the ordinance to codify a new interpretation
of the ordinance for SunFish Bay lots (and similar)-- seems to be a retroactive way of
evading responsibility to the citizens who by the present definition (as confirmed by the
City Attorney in documentation from the meeting Jan 25 2016) were covered by this
ordinance. The goal of such action is for the sole purpose to avoid responsibility (as
stated publically). The ongoing moving target of the interpretation of this ordinance
demonstrates an unwillingness on the part of the city to behave in a professional,
thoughtful, and proactive manner; that the residents have had to commit substantial time
and resources to attempt to get the city to uphold its own straight-forward ordinance is
remiss of the city.
We respectful request that the Planning Commission uphold the ordinance and
confirm the expectation to the city that they manage the space accordingly. Such
a recommendation would codify the historical use of the land and ensure that
shoreland management/health can be maintained into the future.
Note:
Intention of the Dedication: The dedication on the plat indicates that the waterfront is for
the “joint use” of the lot owners. The term “joint use” has been referenced by the city as
rationale for not having to regulate dock/slip placement on these dedicated shorelands.
The city expressed concern that it did not want to regulate rights of land dedicated to
individuals. However, such an argument seems without merit given that the city
regulates shoreland for all city property owners (including dock/slip regulation of property
owners around the entire lake); this land should be no exception.
Please consider the following points about the SunFish Bay properties:
1) It is of historical significance that in 1924 the majority of people did not have boats. In
reality, there is no way that 31 plat owners could all place docks on the waterfront. From
that perspective is would seem self-evident that the dedicator did not intend that 31
owners were free to place docks along the shoreline.
2) Historically speaking, the use of docks on this land is well-documented-- with
individuals on the riparian lots placing docks behind those properties and other non-
riparian (backlot) owners placing docks at the access road point. This historical use is
confirmed by the owner of parcel 4 whose parents owned this property for decades and
also through historical review of available documentation.
3) “Joint use” should include ability to swim and fish in the water. If 23 docks/slips are
acceptable to be placed in the bay, there will not be opportunity for joint use for
swimming or fishing purposes (a particularly important use to homeowners). – These
uses are spelled out as important for inclusion in city regulations by the DNR Shoreland
Guidance Document which states that, in addition to describing activities the are allowed
like docking, that the regulations should ensure that such joint use does “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, etc.16”
4) There is a notarized document from the son of the dedicator of the deed clarifying that
the intention of the deed was that riparian owners would place personal docks behind
their properties and that non-riparian (backlot) owners would have access to the lake via
the access road and could use the waterfront to swim, etc.17. Such a sentiment is in line
with recognized lake rights at the time as documented in December 1900 (Sanborn V
People’s Ice Co.) when the Supreme Court of Minnesota confirmed that “under general
law, all persons have the common right to enjoy the use of public waters for the ordinary
purposes of life, such as boating, fishing, recreation…18” Such a sentiment is reflected
in the language of the deed from 1924. The dedicator is acknowledging that everyone
16 DNR Shoreland Guidance Document Excerpts: p. 60
17 Notarized Dedication Interpretation: p. 63
18 Supreme Court Documentation from 1900 (#1): p. 64
has a right to “joint use” the lake and waterfront for general purposes- this is not the
same as indicating that 31 plat owners can place dock structures on the waterfront.
Therefore, it is clear that the intention of the deed was not to allow 31 (or 23) docks to be
placed along the waterfront- doing so does not meet the spirit of the deed; it does not
meet the intention of the Shoreline Overlay District document; and it does not meet the
needs of the citizens. As such, it is our request that the Planning Commission not
hesitate to proactively codify the limited number of docks in SunFish Bay when the
ordinance took effect (this is 10 docks). Such action acknowledges the importance of
proper Shoreland management practices to protect the use of this natural resource.
Thank you for your consideration of this important matter. We are happy to discuss this
matter with you in more detail if requested.
Sincerely,
SunFish Bay Property Owners-
Cory Goracke-Postle
Roman Postle
Dave Celski
Jody Swedberg
Dan Shower
Sara Shower
Jolie Hadac
Jon Roese
Barb Weisman
John Siskoff
Suzanne K. O’Regan
Mark Berquam
Kelsey Berquam
Jim Schwab
Bernice Schwab
Attachments Table of Contents
1. City Ordinance 1104.202: “Shoreland District”…………………….……….……...p. 4
2. City Ordinance 1102.403.7 ……………………….……………………….……p. 33-35
3. Memorandum from City Attorney “June 2014 Amendments” …………….….…p. 39
4. City Ordinance 1102.403.7.o………………………………………………….…….p. 35
5. Memorandum from City Attorney “October 2015 Amendments”…….……...p. 39-40
6. Memorandum from City Attorney “Pre-June 2014” ……………………….…..p.38-39
7. Memorandum from City Attorney “Part III: Conclusion”……………….....…..…..p. 45
8. Memorandum from City Attorney “Sunfish Bay” …………………………….……p. 40
9. Email Correspondence from Sunfish Bay Property Owners to the
City regarding the Work Session on Jan 25 2016……………………….…….p. 46-47
10. Letter from City to Property Owners on Feb 8 2016…………………….……….p. 48
11. Ordinance 1102.403.7.o…………………………………………….………………p. 35
12. Ordinance 1104.202.3……………………………………....….…………………….p. 4
13. Ordinance 1105.900.1………………………………………………………………p. 56
14. DNR Shoreland Guidance Document Excerpts…………………………………..p. 59
15. Google Earth Images of Sunfish Bay August and October 2015….....…….p. 61-62
16. DNR Shoreland Guidance Document Excerpts………………………………….p. 60
17. Notarized Dedication Interpretation…………………………………………….….p. 63
18. Supreme Court Documentation from 1900 (#1) ..…………………………….….p. 64
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p1
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
1104.100: GENERAL PROVISIONS.
1104.101 Statutory Authorization: This Chapter is adopted pursuant to the
authorization and policies contained in Minnesota Statutes, chapter 103F,
Minnesota Code of Agency Regulations, parts 6120.2500 - 6120.3900, and the
planning and zoning enabling legislation in Minnesota Statutes, chapter 462.
1104.102 Policy: The uncontrolled use of shorelands of the City of Prior Lake affects the
public health, safety and general welfare not only by contributing to pollution of
public waters, but also by impairing the local tax base. Therefore, it is in the
best interests of the public health, safety and welfare to provide for the wise
development of shorelands of public waters. The Legislature of Minnesota has
delegated responsibility to the municipalities of the State to regulate the
subdivision, use and development of the shorelands of public waters and thus
preserve and enhance the quality of surface waters, preserve the economic and
natural environmental values of shorelands, and provide for the wise utilization
of waters and related land resources. This responsibilit y is hereby recognized
by the City of Prior Lake.
1104.200: DESIGNATION OF TYPES OF LAND USE:
1104.201 Shoreland Management Classification: In order to guide the wise
development and utilization of shorelands of protected water for the
preservation of water quality, natural characteristics, economic values and the
general health, safety and welfare, certain protected waters in the City have
been given a shoreland management classification.
These protected waters of the City have been classified by the Commissioner
of Natural Resources according to the DNR Protected Waters Maps for Scott
County as follows:
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p2
(Ord. Amend 114-04, publ. 2/15/14)
Recreational Environment Lakes DNR ID No. OHWM
1. Markley Lake
Township 114N, Range 21, 22W, Section
6.1
70-21W 893.2
2. Unnamed (Blind Lake)
Township 114, Range 22W, Sections 1, 2
70-53 948.7
3. Unnamed (Jeffers Pond)
Township 115, Range 21, 22W, Section
27
70-77
866.1
Natural Environment Lakes DNR ID No. OHWM
1. Howard Lake
Township 114, 115N, Range 22W,
Sections 5, 32
70-73P 957.3
2. Pike Lake
Township 115N, Range 22W, Section 23
70-76P 820.5
3. Unnamed (Arctic Lake)
Township 115N, Range 22W, Sections 33,
34SW
70/85 906.7
4. Keup's Lake (Mystic Lake)
Township 115N, Range 22W, Section
27NW
70-79W 960.0
5. Hass Lake
Township 115N, Range 22W, Section
27NW
70-78 907.3
6. Campbell Lake
Township 114N, Range 22W, Sections 5 &
6
70-56 925.5
7. Crystal Lake
Township 114N, Range 22W, Sections 10
& 11
70-61 943.3
8. Rice Lake
Township 114N, Range 22W, Sections 10
& 11
70-60 945.0
9. Cleary Lake
Township 114N, Range 21W, Section 7
70-22 937.8
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p3
General Development Lakes DNR ID No. OHWM
1. Spring Lake
Township 114, Range 22, Sections 3-5, 8-
10
70-54P 912.8
2. Lower Prior Lake
Township 115, Range 21, 22, Sections 30,
25, 26, 35, 36
70-26P 904.0
3. Upper Prior Lake
Township 114, 115N, Range 22W,
Sections 2-4, 34, 35
70-72P 904.0
Tributary Streams Legal Description
1. Unnamed (to Upper Prior Lake) SE 1/4, Section 4; SW 1/4, Section
3
Township 114N, Range 22W
2. Unnamed Tributary NE 1/4, Section 26; Section 23; SE
1/4, Section 14, Township 115N,
Range 22W
1104.202 Shoreland District: The shorelands of the City of Prior Lake are hereby
designated as a Shoreland Overlay District. The purpose of the Shoreland
Overlay District is to provide for the wise utilization of shoreland areas in order
to preserve the quality and natural character of these protected waters of the
City.
(1) Permitted Uses: All permitted uses allowed and regulated by the applicable
zoning district as indicated on the official Zoning Map of the City.
(2) Conditional Uses: All conditional uses and applicable attached conditions
allowed and regulated by the applicable zoning district underlying this
Shoreland Overlay District as indicated on the official Zoning Map of the City
and as required by Subsection 1108.200.
(3) Nonconforming Uses: Any uses of shorelands which were in legal existence
prior to the date of enactment of this Section which are permitted within the
applicable Use District, but do not meet the minimum lot area, setbacks or other
dimensional requirements of this Chapter are nonconforming uses. However,
structural alterations which substantially increase the nonconforming
dimensions may not be allowed.
(4) Prohibited Uses: Any uses which are not permitted, permitted with conditions,
or permitted as conditional uses as regulated by the applicable Use District
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p4
underlying this Shoreland Overlay District as indicated on the official Zoning
Map of the City.
1104.300: ZONING PROVISIONS: The following standards shall apply to all shorelands
of the protected waters listed in Subsection 1104.201 within the City. Where
the requirements of the underlying zoning district as shown on the Official
Zoning Map are more restrictive than those set forth herein, then the more
restrictive standards shall apply.
1104.301 Unsewered Lakes, Lot Area, Width and Setback Requirements:
(1) Natural Environment:
Riparian Lots Non-Riparian Lots
Area Width Area Width
Single 10 acres 330 10 acres 330
(2) Tributary Rivers and Streams:
Riparian Lot Widths
Single Family 100 feet
Duplex 150 feet
Triplex 200 feet
Quad 250 feet
There are no minimum lot area requirements for rivers and
streams.
(3) Setback Requirements:
Natural Development
Lakes
Tributary Rivers
Structure setback from
OHW M (feet)
150 100
Unplatted Cemetery
(feet)
50 50
Structure height
limitation (feet)
35 35
Sewage System
setback from OHWM
(feet)
150 75
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p5
1104.302 Sewered Lakes, Lot Area, Width and Setback Requirements:
(1) Natural Environment:
Riparian Lots Non-Riparian Lots
Area Width Area Width
Single* 40,000 125 20,000 100
Duplex 70,000 225 35,000 220
Triplex 100,000 325 52,000 315
Quad 130,000 425 65,000 410
*For non-riparian lots within the Hass Lake Shoreland District, the minimum lot
area shall be 12,000 square feet and the minimum lot width shall be 86 feet.
(2) Recreational Development:
Riparian Lots Non-Riparian Lots
Area Lot Width
(
F
r
o
n
t
)
Width
a
t
O
H
W
Area Lot Width (Front)
Single 15,000 90 75 12,000 86
Duplex 35,000 135 75 26,000 135
Triplex 50,000 195 75 38,000 190
Quad 65,000 255 75 49,000 245
(3) General Development:
Riparian Lots Non-Riparian Lots
Area Lot
W
i
d
t
h
(
F
r
o
n
t
)
Width at
O
H
W
Area Lot Width (Front)
Single 15,000 90 75 12,000 86
Duplex 26,000 135 75 17,000 135
Triplex 38,000 195 75 25,000 190
Quad 49,000 255 75 32,000 245
Tributary:
Riparian
Lot Widths
OHW
Lot Width
Single 86 75
Duplex 115 75
Triplex 150 75
Quad 190 75
*There are no minimum lot size requirements for rivers and streams.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p6
(4) Setback Requirements:
Natural
Development
Lakes
Recreational
Development
Lakes
General
Development
Lakes
Tributary
Development
Lakes
Structure
height setback
from OHW
(feet)
150
75
75
75
Unplatted
Cemetery (feet)
50
50
50
50
Structure
height
limitation (feet)
35
35
35
35
1104.303 Bluff Impact Zones: Structures and accessory facilities, excluding stairways,
lifts, and landings, shall not be placed in bluff impact zones.
(THIS SPACE IS LEFT INTENTIONALLY BLANK)
1104.304 Bluff Setbacks: The required setback from the Top of Bluff is determined as
follows: as measured from the Top of Bluff, the upper end of a segment at least
25 feet in length having an average slope less than 18%.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p7
1104.305 Engineering Reports Required: On properties for which construction is
proposed within a bluff impact zone or bluff setback, the applicant for a building
permit and the property owner shall provide the following:
(1) The applicant for a building permit on that property shall provide a report and
calculations prepared and signed by a professional engineer registered by the
State of Minnesota on the bluff stability and the impact any excavation, fill or
placement of structures will have on the site and whether the excavation, fill, or
placement of structures will cause any slope to become unstable or will impose
loads that may affect the safety of structures or slopes. The report shall include
the following:
The global failure plane determination of the slope substantiated by at least
one soil boring at an appropriate depth and location
Analysis of the land influence zone and its intersection with the failure plane
based on the soil type
The Engineer's recommendations for the proper design and maintenance
of a drainage system so the site development will not interfere with
adequate drainage for the site or adjacent properties, will not obstruct,
damage or adversely affect existing sewer or drainage facilities, will not
adversely affect the quality of stormwater runoff, will not adversely affect
downstream properties, wetlands or bodies of water and will not result in
erosion or sedimentation.
If the initial determination indicates that the load influence zone intersects
or falls within the global failure plane, a global stability analysis of the bluff
shall be required.
(2) The owner of the property shall submit an as-built survey and post- construction
report completed by a professional engineer registered by the State of
Minnesota that the final grading of the site was completed in compliance with
25’
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p8
an approved grading plan and that the recommendations contained in the
engineer's report have been adhered to.
(3) The Building Official, the Community Development & Natural Resources
Director and the City Engineer may waive the engineer's report requirement for
replacement decks, new decks or additions to existing decks, replacement
retaining walls, and additions or new structures not exceeding 480 square feet
in size under the following conditions:
a. An inspection of the site does not indicate any obvious erosion
conditions.
b. There is no history of bluff failure on the site or on the adjacent lots.
c. All required setbacks are met.
1104.306 Impervious Surface Coverage: Impervious surface coverage for lots in all
Use Districts shall not exceed 30% of the lot area, except as provided in the
following sections. Such impervious surface coverage shall be documented by
a certificate of survey at the time of any zoning or building permit application,
according to the definitions of impervious surface as listed in Subsection
1101.400.
(1) An existing site which is being altered, remodeled, or expanded without
expanding the existing impervious surface may be allowed, provided that where
appropriate and where necessary, structures and practices for the treatment of
storm water runoff are in compliance with the Prior Lake Storm Water
Management Plan and approved by the City Engineer.
(2) In all "C" and "I" Use Districts and for Park/Recreation uses, new construction
on conforming lots or an existing site being altered, remodeled, or expanded
which expands the existing impervious surface coverage may be allowed where
necessary, provided the site conforms to the Prior Lake Storm Water
Management Plan, Best Management Practices and is approved by the City
Engineer, provided the impervious surface coverage does not exceed 75% of
the total lot and provided the following stipulations are met:
All structures, additions or expansions shall meet setback and other
requirements of this Ordinance.
The lot shall be served by municipal sewer and water.
Storm water is collected and treated in compliance with the City Storm
Water Management Plan and Best Management Practices. Such
treatment may be comprised of either on-site control, access to the
City's storm water control system, or a combination of both, to be
approved by the City Engineer.
(3) Impervious surface coverage for all "C" and "I" Use Districts and for
Park/Recreation uses may be allowed to exceed 75% of the total lot or exceed
existing conditions on the lot which are over 75% provided the following
stipulations are met:
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A conditional use permit is submitted and approved as provided for in
subsection 1108.200.
Improvements that will result in an increased rate of runoff directly
entering a public water shall have all structures and practices in
compliance with the City Storm Water Management Plan in place for the
collection and treatment of storm water runoff or will be constructed in
conjunction with a conditional use permit application.
All the conditions in subsection 1104.306(2) above are satisfactorily
met.
(4) Measures for the treatment of stormwater runoff and/or prevention of
stormwater from directly entering public water include such appurtenances as
sediment basins (debris basins, desilting basins, or silt traps), installation of
debris guards and microsilt basins on storm sewer inlets, oil skimming devices,
etc.
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.
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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
Ord. Amd. 115-23, Pub. 10/10/2015
(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
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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)
1104.308 Placement, Design, And Height Of Structures:
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(1) Piers and Docks: Setback requirements from the ordinary high-water mark
shall not apply to piers and docks. Location of piers and docks shall be
controlled by applicable state and local regulations.
(2) Setback Requirements For Residential Structures: On shoreland lots that
have 2 adjacent lots with existing principal structures on both such adjacent
lots, any new residential structure or any additions to an existing structure may
be set back the average setback of the adjacent structures from the ordinary
high-water mark or 50 feet, whichever is greater, provided all other provisions
of the Shoreland Overlay District are complied with. In cases where only one
of the two lots adjacent to an undeveloped shoreland lot has an existing
principal structure, the average setback of the adjacent structure and the next
structure within 150 feet may be utilized. Setback averaging may not be utilized
when an undeveloped shoreland lot is adjacent to two other undeveloped
shoreland lots. In no instance shall a principal structure be located in a shore
impact zone or a bluff impact zone.
a. The following shall not be considered encroachments into the lakeshore
or bluff setback:
1) Eaves, gutters and basement egress windows, provided they do not
extend more than 2 feet into a yard; and provided such encroachment
is no closer than 5 feet from any lot line.
2) Yard lights and nameplate signs for one and two family dwellings in
the R-1, R-2 and R-2 districts.
3) Floodlights or other sources of light illuminating authorized signs, or
illuminating parking areas, loading areas, or yards for safety and
security purposes if these meet the regulations of Subsection
1107.1800.
4) Flag poles, bird baths and other ornamental features detached from
the principal building which are a minimum of 5 feet from any lot line.
5) Canopies no more than 12 feet wide are permitted in the "R-3", "C-1",
"C-2", "C-3" and "I-1" Districts if they are open at the sides, comply with
provisions of Subsection 1101.506 and provide 14 feet of clearance if
located over any access roadway or fire lane.
b. The following recreational equipment shall not be encroachments on the
lakeshore or bluff setback requirements: boats, boat trailers, general
purpose trailers, fish houses, fire pits, utility trailers, jet skis,
snowmobiles and other lake-oriented items.
c. Additional regulations regarding encroachments allowed in front, rear,
and side yards are located in Subsection 1101.503.
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d. Decks not meeting the required setbacks may be replaced if the following
criteria are met:
The deck existed on the date the structure setbacks were
established;
The replacement deck is in the same size, configuration, location
and elevation as the deck in existence at the time the structure
setbacks were established;
The deck is not roofed or screened; and
The existing deck is not located within an easement, right-of-way,
or over a property line.
(3) High Water Elevations: Structures must be placed in accordance with any
flood plain regulations applicable to the site. Where these controls do not exist,
the elevation to which the lowest floor, including basement, is placed must be
determined as follows:
a. For lakes, by placing the lowest floor at a level at least 3 feet above the
highest known water level, or 3 feet above the ordinary high water level,
whichever is higher;
b. For rivers and streams, by placing the lowest floor at least 3 feet above
the flood of record, if data are available. If data are not available, by
placing the lowest floor at least 3 feet above the ordinary high-water
level, or by conducting a technical evaluation to determine effects of
proposed construction upon flood stages and flood flows and to
establish a flood protection elevation. Under all three approaches,
technical evaluations must be done by a qualified engineer or
hydrologist consistent with Parts 6120.5000 to 6120.6200 governing the
management of flood plain areas. If more than one approach is used,
the highest flood protection elevation determined must be used for
placing structures and other facilities; and
c. Water-oriented accessory structures may have the lowest floor placed
lower than the elevation determined in this subsection if the structure is
constructed of flood-resistance materials to the flood elevation; electrical
and mechanical equipment are placed above the elevation and, if long
duration flooding is anticipated, the structure is built to withstand ice
action and wind-driven waves and debris.
(4) Water-Oriented Accessory Structures: One water-oriented accessory
structure may be allowed per lot on General Development (GD) lakes that have
Municipal sewer and water; provided a building permit is obtained from the City
and the following criteria are met:
a. On riparian lots containing a slope equal to or greater than 20%
measured from the front of the principal structure to the ordinary high
water mark and verified by a certificate of survey prepared by a
registered surveyor, one water-oriented structure meeting the criteria
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June 1, 2009 1104/p14
listed in this subsection is permitted with a setback of not less than 10
feet from the ordinary high water mark.
b. On riparian lots containing slopes less than 20%, one water-oriented
accessory structure meeting the criteria listed in this subsection is
permitted with a setback of not less than 50 feet from the Ordinary High
Water elevation.
c. The structure shall not occupy an area greater than 120 square feet,
and the maximum height of the structure must not exceed 10 feet,
including the roof; and
d. The structure shall be located in the most visually inconspicuous portion
of the lot as viewed form the surface of the lake, assuming summer, leaf -
on conditions; and
e. The structure shall not be designed or used for human habitation and
shall not contain water supply or sewage treatment facilities. However,
the structure may contain electrical and mechanical systems; and
f. The structure shall be constructed of treated materials compatible with
the principle structure and designed to reduce visibility as viewed from
public waters and adjacent shorelands by vegetation, topography,
increased setbacks or color, assuming summer, leaf -on conditions; and
g. If the proposed structure will be located below the regulatory flood plain
elevation, the structure shall be built compliant with applicable flood-
proofing requirements of the Building Code and Section 1105 of this
Ordinance; and
h. Trees that are 4 inches in caliper or larger should not be removed for
the erection of a water-oriented accessory structure. If removal is
necessary, replacement with like trees shall be made with the approval
of the Zoning Administrator. Erosion control measures shall be
implemented and all disturbed vegetation replaced with sod or suitable
landscaping materials; and
i. The structure shall be attached to a permanent foundation so as to be
immovable from its approved location.
j. Water oriented accessory structures not meeting the lakeshore required
setbacks may be replaced if the following criteria are met:
The structure existed legally on June 1, 2009;
The replacement structure is the same size, configuration, location,
building material, and height as the structure in existence on June
1, 2009;
The existing structure is not located within an easement, right-of-
way, side yard setback, or over a property line.
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(5) Stairways, Lifts, And Landings: Stairways and lifts are the preferred
alternative to major topographic alterations for achieving access up and down
bluffs and steep slopes to shore areas. Stairways and lifts shall meet the
following design requirements:
a. Stairways and lifts shall not exceed 4 feet in width on residential lots.
Wider stairways may be used for commercial properties, public open
space recreational properties and planned unit developments;
b. Landings for stairways and lifts on residential lots shall not exceed 32
square feet in area. Landings larger than 32 square feet may be used
for commercial properties, Park/Recreation properties, and planned unit
developments. The required lakeshore setback for landings shall be 10
feet measured from the ordinary high-water mark of the public water.
Landings shall not project into any required side yard;
c. Canopies or roofs are not allowed on stairways, lifts, or landings;
d. Stairways, lifts and landings may be either constructed above the
ground on posts or pilings, or placed into the ground, provided they are
designed and built in a manner that ensures control of soil erosion;
e. Stairways, lifts and landings shall be located in the most visually
inconspicuous portions of lots, as viewed from the surface of the public
water assuming summer, leaf-on conditions, whenever practical; and
f. Facilities such as ramps, lifts or mobility paths for physically
handicapped persons are also allowed for achieving access to shore
areas, provided that the dimensional and performance standards of
Subsections 1104.308(1) through (5) are complied with in addition to the
requirements of Minnesota Regulations, chapter 1340.
(6) Significant Historic Sites: No structure may be placed on a significant historic
site as defined by Minnesota Statutes in a manner that affects the values of the
site unless adequate information about the site has been removed and
documented in a public repository.
(7) Steep Slopes: The City Engineer shall evaluate possible soil erosion impacts
and development visibility from public waters before issuing a permit for
construction of sewage treatment systems, roads, driveways, structures, or
other improvements on steep slopes. When necessary, conditions must be
attached to issued permits to prevent erosion and to preserve existing
vegetation screening of structures, vehicles, and other facilities as viewed from
the surface of public waters, assuming summer, leaf-on vegetation.
1104.309 Island Development: Development on islands without municipal sewer and
water shall be subject to the following conditions:
(1) Permitted uses on islands are limited to seasonal cabins and other seasonal
structures, public parks and open space. Year-round residences are not
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June 1, 2009 1104/p16
permitted. Recreational facilities, such as a pavilion or picnic facilities for a
homeowners' association, may also be permitted by conditional use permit as
set forth in Subsection 1108.200.
(2) Any structure built on an island must contain an enclosed septic system or
incinerator toilet facilities.
(3) An application for a building permit or variance must include a signed lease
arrangement that indicates that the owner has two (2), on-land parking spaces
for vehicles. In addition, the owner is required to provide proof of residency, at
some location other than the island, at the time of building permit application.
(4) The minimum lot size for all islands without municipal sewer and water is one
acre. On Twin Island, the minimum lot size requirement is 12,000 square feet.
(5) The minimum lot width at OHWM is seventy five feet (75').
(6) Setbacks for structures on islands shall comply with the following:
Structure setback from OHWM 100 feet
Side yard 10 feet
Gray Water System from OHWM 75 feet
(7) Clear cutting of natural vegetation is prohibited. Natural vegetation shall be
restored insofar as feasible immediately after any construction project is
completed to retard surface runoff and soil erosion.
(8) Any removal of vegetation in conjunction with any construction project shall
require a restoration plan to be submitted and reviewed by the City to ensure
that natural vegetation is retained insofar as possible to screen seasonal
structures and other buildings on site.
(9) The lowest floor elevation of the structure including basement and crawl space
must meet the requirements of Section 1105 or the provisions for locating the
low floor elevation as described in Subsection 1104.308(3).
(10) One detached accessory structure is permitted per lot on general development
lakes subject to the issuance of a building permit and the following conditions:
The lot must meet the minimum area and dimensional requirements listed
in Subsection 1104.309; and
The structures shall comply with all other required conditions and yard
setbacks as stated in Subsection 1102.800 (8); and
The total ground floor area of the accessory structures shall not exceed
the ground floor area of the principal structure (seasonal cabin), 25% of
the area between the principal structure and the rear lot line, or 600 square
feet, whichever is less; and
The maximum height of the structure shall not exceed 15 feet from the
grade adjacent to the structure; and
The structure shall be setback a minimum of 100 feet from the ordinary
high water mark (OHWM); and
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The structure shall not be designed or used for human habitation and shall
not contain water supply or sewage treatment facilities. However, the
structure may contain an electrical system, with the proper permits; and
The structure shall be compatible in design and materials with the
principal structure (seasonal cabin); and
If the structure is located below the regulatory flood plain elevation it shall
be built in compliance with the applicable flood proofing requirements of
the building code and Section 1105 of this Ordinance; and
The structure shall be attached to a permanent foundation so as to be
immovable from its approved location.
1104.400: SHORELAND ALTERATIONS: Alterations of vegetation and topography will
be regulated to prevent erosion into public waters, fix nutrients, preserve
shoreland aesthetics, preserve historic values, prevent bank slumping, and
protect fish and wildlife habitat.
1104.401 Vegetation Alterations:
(1) Vegetation alteration necessary for the construction of structures and sewage
treatment systems and the construction of roads and parking areas regulated
by Section 1104 are exempt from the vegetation alteration standards that follow.
(2) Removal or alteration of vegetation, except for agricultural and forest
management uses as regulated by Section 1104 is allowed subject to the
following standards:
a. Intensive vegetation clearing within the shore and bluff impact zones
and on steep slopes is not allowed. Intensive vegetation clearing for
forest land conversion to another use outside of these areas is allowable
as a conditional use if an erosion control and sedimentation plan is
developed and approved by the City Engineer in which the property is
located.
b. In shore and bluff impact zones and on steep slopes, limited clearing of
trees and shrubs and cutting, pruning, and trimming of trees is allowed
to provide a view to the water from the principal dwelling site and to
accommodate the placement of stairways and landings, picnic areas,
access paths, beach and watercraft access and permitted water-
oriented accessory structures of facilities, provided that:
The screening of structures, vehicles, or other facilities as viewed
from the water, assuming summer, leaf-on conditions, is not
substantially reduced;
Along rivers, existing shading of water surfaces is preserved; and
The above provisions are not applicable to the removal of trees,
limbs, or branches that are dead, diseased or pose safety hazards.
1104.402 Topographic Alterations/Grading And Filling:
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(1) Grading and filling and excavation, including the import or export of materials
within the bluff impact zone is not permitted. However, the movement or
grading of existing materials within the bluff impact zone may be permitted
subject to approval of a grading permit. Grading and filling and excavations in
all areas within the Shoreland District necessary for the construction of
structures, sewage treatment systems and driveways under validly issued
construction permits for these facilities do not require the issuance of a separate
grading and filling permit. However, the grading and filling standards in this
subsection must be incorporated into the issuance of permits for construction
of structures, sewage treatment systems and driveways.
(2) Public roads and parking areas are regulated by Subsection 1104.403.
(3) Notwithstanding subsections (1) and (2) above, a grading and filling permit will
be required for:
a. The movement of more than 10 cubic yards of material on steep slopes
and within the shore impact zone; and
b. The movement of more than 50 cubic yards or 500 square feet.
(4) The following considerations and conditions must be adhered to during the
issuance of construction permits, conditional use permits, variances and
subdivision approvals:
a. Grading or filling in any wetland must be done in accordance with the
Wetland Conservation Act.
b. Alterations shall be designed and conducted in a manner that ensures
only the smallest amount of bare ground is exposed for the shortest time
possible;
c. Erosion control best management practices shall be used, where
necessary, for temporary bare soil coverage, and a permanent
vegetation cover shall be established as soon as possible:
d. Methods to minimize soil erosion and to trap sediments before they
reach any surface water feature shall be used.
e. Altered areas shall be stabilized to acceptable erosion control standards
consistent with the Public Works Design Manual.
f. Fill or excavated material shall not be placed in a manner that creates
an unstable slope;
g. Plans to place fill or excavated material on steep slopes shall be
reviewed by qualified professionals for continued slope stability and
shall not create finished slopes of 4:1 or greater:
h. Fill or excavated material shall not be placed in bluff impact zones:
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i. Any alterations below the ordinary high water level of public waters shall
first be authorized by the Commissioner of Natural Resources under
Minnesota Statutes, Section 103G.241.
j. Alterations of topography shall only be allowed if they are accessory to
permitted or conditional uses and do not adversely affect adjacent or
nearby properties; and
k. Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, is permitted if the finished
slope does not exceed 3 feet horizontal to 1 foot vertical, the landward
extent of the riprap is within 10 feet of the ordinary high-water level, and
the height of the riprap above the ordinary high-water level does not
exceed 3 feet.
1104.403 Placement And Design Of Roads, Driveways And Parking Areas:
(1) Public and private roads and parking areas shall be designed to take advantage
of natural vegetation and topography to achieve maximum screening from view
from public waters. Documentation shall be provided by a qualified individual
that all roads and parking areas are designed and constructed to minimize and
control erosion to public waters consistent with the Public Works Design
Manual.
(2) Roads, driveways and parking areas shall meet shoreland setbacks and must
not be placed within bluff and shore impact zones, when other reasonable and
feasible placement alternatives exist. If no alternatives exist, they may be
placed within these areas, and shall be designed to minimize adverse impacts.
(3) Public and private watercraft access ramps, approach roads, and access-
related parking areas may be placed within shore impact zones provided the
vegetative screening and erosion control conditions of this Section are met. For
private facilities, the grading and filling provisions of Subsection 1104.402 shall
be met.
1104.404 Stormwater Management:
(1) When possible, existing natural drainageways, wetlands, and vegetated soil
surfaces shall be used to convey, store, filter, and retain storm water runoff
before discharge to public waters.
(2) Development shall be planned and conducted in a manner that will minimize
the extent of disturbed areas, runoff velocities, erosion potential, and reduce
and delay runoff volumes. Disturbed areas shall be stabilized and protected as
soon as possible in accordance with Best Management Practices. Facilities or
methods shall be used to retain sediment on the site.
(3) When development density, topographic features, and soil and vegetation
conditions are not sufficient to adequately handle storm water runoff using
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natural features and vegetation, various types of constructed facilities such as
diversions, settling basins, skimming devices, dikes, waterways, and ponds
may be used. Preference shall be given to designs using surface drainage,
vegetation, and infiltration rather than buried pipes and man-made materials
and facilities.
(4) When constructed facilities are used for storm water management,
documentation shall be provided by a qualified individual that they are designed
and installed consistent with the Public Works Design Manual.
(5) New constructed storm water outfalls to public waters shall provide for filtering
or setting of suspended solids and skimming of surface debris before discharge.
1104.500: SPECIAL PROVISIONS FOR COMMERCIAL, INDUSTRIAL, PUBLIC/SEMI-
PUBLIC, AGRICULTURAL AND FORESTRY:
1104.501 Standards For Commercial, Industrial, Public, And Semi-Public Uses:
Surface water-oriented commercial uses and industrial, public, or semi-public
uses with similar needs to have access to and use of pubic waters may be
located on parcels or lots with frontage on public waters. Those uses with
water-oriented needs must meet the following standards:
(1) In addition to meeting impervious coverage limits, setbacks and other zoning
standards in this Section, the uses shall be designed to incorporate topographic
and vegetative screening of parking areas and structures;
(2) Uses that require short-term watercraft mooring for patrons shall centralize
these facilities and design them to avoid obstructions of navigation and to be
the minimum size necessary to meet the need; and
(3) Uses that depend on patrons arriving by watercraft may use signs and lighting
to convey needed information to the public, subject to the following general
standards:
a. No advertising signs or supporting facilities for signs may be placed in
or upon public waters. Signs conveying information or safety messages
may be placed in or on public waters by a public authority or under a
permit issued by the County Sheriff;
b. Signs may be placed, when necessary, within the shore impact zone if
they are designed and sized to be the minimum necessary to convey
needed information. If illuminated by artificial lights, the lights must be
shielded or directed to prevent illumination out across public waters; and
c. Other outside lighting may be located within the shore impact zone or
over public waters if it is used primarily to illuminate potential safety
hazards and is shielded or otherwise directed to prevent direct
illumination out across public waters. This does not preclude use of
navigational lights.
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(4) Uses without water-oriented needs shall be located on lots or parcels without
public waters frontage, or if located on lots or parcels with public waters
frontage, shall either be set back double the normal ordinary high water level
setback or be substantially screened from the water by vegetation or
topography, assuming summer, leaf -on conditions. Water-oriented need shall
be determined by the Zoning Administrator.
1104.502 Agriculture Use Standards: General cultivation farming, grazing, nurseries,
horticulture, truck farming, sod farming, and wild crop harvesting are permitted
uses if steep slopes and shore and bluff impact zones are maintained in
permanent vegetation or operated under an approved conservation plan
(Resource Management Systems) consistent with the Public Works Design
Manual, as provided by a qualified individual or agency. The shore impact zone
for parcels with permitted agricultural land uses is equal to a line parallel to and
50 feet from the ordinary high-water level.
Animal feedlots must meet the following standards:
New feedlots must not be located in the shoreland of watercourses or in
bluff impact zones and must meet a minimum setback of 300 feet from
the ordinary high-water level of all public waters basins; and
Modifications or expansions to existing feedlots that are located within
300 feet of the ordinary high-water level or within a bluff impact zone are
allowed if they do not further encroach into the existing ordinary high-
water level setback or encroach on bluff impact zones.
1104.503 Forest Management Standards: The harvesting of timber and associated
reforestation must be conducted consistent with the provisions of the Minnesota
Non-Point Source Pollution Assessment Forestry and the provisions of Water
Quality in Forest Management, "Best Management Practices in Minnesota".
1104.600: WATER SUPPLY AND SEWAGE TREATMENT:
1104.601 Water Supply: Any public or private supply of water for domestic purposes
must meet or exceed standards for water quality of the Minnesota Department
of Health and the Minnesota Pollution Control Agency.
1104.602 Sewage Treatment: Any premises used for human occupancy must be
provided with an adequate method of sewage treatment, as follows:
(1) Publicly-owned sewer systems shall be used where available.
(2) All private sewage treatment systems shall meet or exceed the Minnesota
Pollution Control Agency's standards for individual sewage treatment systems
contained in the document titled, "Individual Sewage Treatment Systems
Standards, Chapter 7080".
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City of Prior Lake
June 1, 2009 1104/p22
(3) On-site sewage treatment systems shall be set back from the ordinary high-
water level in accordance with the setbacks contained in Subsection 1104.301.
(4) All proposed sites for individual sewage treatment systems shall be evaluated
in accordance with the criteria below. If the determination of a site's suitability
cannot be made with publicly available, existing information, it shall then be the
responsibility of the applicant to provide sufficient soil borings and percolation
tests from on-site field investigations.
Evaluation Criteria:
Depth to the highest known or calculated ground water table or bedrock;
Soil conditions, properties, and permeability;
Slope;
The existence of lowlands, local surface depressions, and rock
outcrops.
(5) Nonconforming sewage treatment systems shall be regulated and upgraded in
accordance with Subsections 1104.602(6) and (7) below.
(6) An existing treatment system not meeting the requirements of this Section shall
be upgraded, at a minimum, at any time a building or zoning permit or variance
of any type is required for any improvement on, or use of, the property. For the
purposes of this provision, a sewage treatment system shall not be considered
nonconforming if the only deficiency is the sewage treatment system's improper
setback from the ordinary high-water level.
(7) The City has by formal resolution notified the Commissioner of Natural
Resources of its program to identify nonconforming sewage treatment systems.
The City will require upgrading or replacement of any nonconforming system
identified by this program within 2 years, as described in Subsection
1104.602(6) above. Sewage systems installed according to all applicable local
shoreland management standards adopted under Minnesota Statutes, Chapter
103F, in effect at the time of installation may be considered as conforming
unless they are determined to be failing, except that systems using cesspools,
leaching pits, seepage pits, or other deep disposal methods, or systems will
less soil treatment area separation above ground water than required by the
Minnesota Pollution Control Agency's chapter 7080 for design of on-site
sewage treatment systems, shall be considered nonconforming.
1104.700: CONDITIONAL USES: Conditional uses allowable within shoreland areas shall
be subject to the review and approval procedures, and criteria and conditions
for review of conditional uses established in Subsection 1108.200.
1104.800: PLANNED UNIT DEVELOPMENTS (PUDS):
1104.801 Types Of PUDs Permissible: Planned unit developments (PUDs) are allowed
for new projects on undeveloped land, redevelopment of previously built sites,
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City of Prior Lake
June 1, 2009 1104/p23
or conversions of existing buildings and land. PUDs are an allowable use in all
Use Districts.
1104.802 Application For A PUD: The applicant for a PUD must submit the following
documents prior to final action being taken on the application request.
(1) A site plan and/or plat for the project showing locations of property boundaries,
surface water features, existing and proposed structures and other facilities,
land alterations, sewage treatment and water supply systems (where public
systems will not be provided), and topographic contours at 2 foot intervals or
less. When a PUD is a combined commercial and residential development, the
site plan and/or plat must indicate and distinguish which buildings and portions
of the project are residential, commercial or a combination of the two.
(2) A property owners' association agreement (for residential PUDs) with
mandatory membership, and all in accordance with the requirements of
Subsection 1104.805.
(3) Deed restrictions, covenants, permanent easements or other instruments that:
a) properly address future vegetative and topographic alterations, construction
of additional buildings, beaching of watercraft, and construction of commercial
buildings in residential PUDs and b) ensure the long-term preservation and
maintenance or open space in accordance with the criteria and analysis
specified in Subsection 1104.805.
(4) When necessary, a master plan/drawing describing the project and the floor
plan for all commercial structures to be occupied.
(5) Those additional documents as requested by the Zoning Administrator that are
necessary to explain how the PUD will be designed and will function.
1104.803 Site "Suitable Area" Evaluations: Proposed new or expansions to existing
planned unit developments must be evaluated using the following procedures
and standards to determine the suitable area for the dwelling unit/dwelling site
density evaluation in Subsection 1104.804.
(1) The project parcel must be divided into tiers by locating one or more lines
approximately parallel to a line that identifies the ordinary high-water level at
the following intervals, proceeding landward.
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City of Prior Lake
June 1, 2009 1104/p24
SHORELAND TIER DIMENSIONS
Unsewered (feet) Sewered (feet)
General Development Lakes
(first tier) 200 200
General Development Lakes
(second tier) 267 267
Recreational Development
Lakes
267 267
Natural Environment Lakes 400 320
All River Classes 300 300
(2) The suitable area within each tier is next calculated by excluding from the tier
area all wetlands, bluffs, or land below the ordinary high water level of public
waters. This suitable area and the proposed project are then subject to either
the residential or commercial planned unit development density evaluation
steps to arrive at an allowable number of dwelling units or sites.
1104.804 Residential And Commercial PUD Density Evaluation: The procedures for
determining the "base" density of a PUD and density increase multipliers are
outlined as follows. Allowable densities may be transferred from any tier to any
other tier further from the waterbody, but must not be transferred to any other
tier closer to the waterbody.
(1) Residential PUD "Base" Density Evaluation: The suitable area within each
tier is divided by the single residential lot size standard for lakes or, for rivers,
the single residential lot width standard multiplied by the tier depth, unless the
local unit of government has specified an alternative minimum lot size for rivers
which shall then be used to yield a base density of dwelling units or sites for
each tier. Proposed locations and the number of dwelling units or sites for the
residential planned unit developments are then compared with the tier, density,
and suitability analysis herein and the design criteria in Subsection 1104.805.
(2) Commercial PUD "Base" Density Evaluation:
a. Determine the average inside living area size of dwelling units or sites
within each tier, including both existing and proposed units and sites.
Computation of inside living area sizes need not include decks, patios,
stoops, steps, garages, porches or basements, unless they are
habitable space.
b. Select the appropriate floor area ratio from the following table.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p25
COMMERCIAL PUD FLOOR AREA RATIOS
PUBLIC WATER CLASSES
Average
Unit Floor
Area
(Sq. Feet)
Sewered General
Development Lakes; First
tier on unsewered
General Development
Lakes; Urban,
Agricultural, Tributary
river segments
Second and Additional tiers
on unsewered General
Development Lakes;
Recreational Lakes;
Transition and Forested
river segments
Natural
Environment
Lakes and remote
river segments
200 .040 .020 .010
300 .048 .024 .012
400 .056 .028 .014
500 .065 .032 .016
600 .072 .038 .019
700 .082 .042 .021
800 .091 .046 .023
900 .099 .050 .025
1,000 .108 .054 .027
1,100 .116 .058 .029
1,200 .125 .064 .032
1,300 .133 .068 .034
1,400 .142 .072 .036
1,500 .150 .075 .038
*For average unit floor areas less than shown, use the floor area ratios listed
for 200 square feet. For areas greater than shown, use the ratios listed for
1,500 square feet. For recreational camping areas, use the ratios listed at 400
square feet. For manufactured home sites in recreational camping areas use a
ratio equal to the size of the manufactured home, or if unknown, the ratio listed
for 1,000 square feet.
c. Multiply the suitable area within each tier by the floor area ratio to yield
total floor area for each tier allowed to be used for dwelling units or sites.
d. Divide the total floor area by tier computed in subsection (c) above by
the average inside living area size determined in subsection (a) above.
This yields a base number of dwelling units and sites for each tier.
e. Proposed locations and number of dwelling units or sites for the
commercial planned unit development are then compared with the tier,
density and suitability analysis herein and the design criteria in
Subsection 1104.805.
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June 1, 2009 1104/p26
(3) Density Increase Multipliers:
a. Increases to the dwelling unit or dwelling site base densities previously
determined are allowable if the dimensional standards in Subsection
1104.300 are met or exceeded and the design criteria in Subsection
1104.805 are satisfied. The allowable density increases in subsection
b. below will only be allowed if structure setbacks from the ordinary high-
water levels are increased to at least 50% greater than the minimum
setback, or the impact on the waterbody is reduced an equivalent
amount through vegetative management, topography, or additional
means acceptable to the local unit of government and the setback is at
least 25% greater than the minimum setback.
b. Allowable dwelling unit or dwelling site density increases for residential
or commercial planned unit developments:
1104.805 Maintenance and Design Criteria:
(1) Maintenance and Administration Requirements:
a. Approval Of Development: Before final approval of a planned unit
development, adequate provision must be developed for preservation
and maintenance in perpetuity of open spaces and for the continued
existence and functioning of the development.
b. Open Space Preservation: Deed restrictions, covenants, permanent
easements, public dedication and acceptance, or other equally effective
and permanent means must be provided to ensure long-term
preservation and maintenance of open space. The instruments must
include all of the following protections:
Commercial uses prohibited (for residential PUDs);
Vegetation and topographic alterations other than routine maintenance
prohibited;
Construction of additional buildings or storage of vehicles and other
materials prohibited; and
Uncontrolled beaching of watercraft prohibited.
c. Development Organization And Functioning: Unless an equally effective
alternative community framework is established, when applicable, all
Density
Evaluation Tiers
Maximum Density
Increase Within Each Tier
First 50%
Second 100%
Third 200%
Fourth 200%
Fifth 200%
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City of Prior Lake
June 1, 2009 1104/p27
residential planned unit developments must use an owners association
with the following features:
Membership shall be mandatory for each dwelling unit or site purchaser
and any successive purchasers;
Each member shall pay a pro rata share of the association's expenses,
and unpaid assessments can become liens on units or sites;
Assessments shall be adjustable to accommodate changing conditions;
and
The association shall be responsible for insurance, taxes, and
maintenance of all commonly owned property and facilities.
(2) Open Space Requirements: Planned unit developments must contain open
space meeting all of the following criteria:
a. At least 50% of the total project area within the Shoreland Overlay
District shall be preserved as open space;
b. Dwelling units or sites, road rights-of-ways, or land covered by road
surfaces, parking areas, or structures, except water-oriented accessory
structures, or facilities, are developed areas and shall not be included in
the computation of minimum open space;
c. Open space shall include areas with physical characteristics unsuitable
for development in their natural state, and areas containing significant
historic sites or unplatted cemeteries.
d. Open space may include outdoor recreational facilities for use by
owners or dwelling units or sites, by guests staying in commercial
dwelling units or sites, and by the general public.
e. Open space may include subsurface sewage treatment systems if the
use of the space is restricted to avoid adverse impacts on the systems;
f. Open space shall not include commercial facilities or uses, but may
contain water-oriented accessory structures or facilities;
g. The appearance of open space areas, including topography, vegetation,
and allowable uses, shall be preserved by use of restrictive deed
covenants, permanent easements, public dedication and acceptance,
or other equally effective and permanent means; and
h. The shore impact zone, based on normal structure setbacks, shall be
included as open space. For residential PUDs, at least 50% of the shore
impact zone area of existing developments or at least 70% of the shore
impact zone area of new developments shall be preserved in its natural
existing state. For commercial PUDs, at least 50% of the shore impact
zone shall be preserved in its natural state.
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City of Prior Lake
June 1, 2009 1104/p28
(3) Erosion Control and Storm Water Management: Erosion control, storm water
management plans, and Best Management Practices shall be developed and
the PUD shall:
a. Be designed, and the construction managed, to minimize the likelihood
of serious erosion occurring either during or after construction. This
shall be accomplished by limiting the amount and length of time of bare
ground exposure. Temporary ground covers, sediment entrapment
facilities, vegetation buffer strips, or other appropriate techniques shall
be used to minimize erosion impacts on surface water features. Erosion
control plans approved by a soil and water conservation district may be
required if project size and site physical characteristic warrant; and
b. Be designed and constructed to effectively manage reasonably
expected quantities and qualities of storm water runoff. Impervious
surface coverage within any tier shall not exceed 25% of tier area,
except that for commercial PUD's 35% impervious surface coverage
may be allowed in the first tier of general development lakes with an
approved storm water management plan and consistent with subsection
1104.400.
(4) Centralization and Design of Facilities: Centralization and design of facilities
and structures shall be done according to the following standards:
a. Planned unit developments shall be connected to publicly owned water
supply and sewer systems;
b. Dwelling units or sites shall be clustered into one or more groups and
located on suitable areas of the development. They shall be designed
and located to meet or exceed the following dimensional standards for
the relevant shoreland classification: setback from the ordinary high
water level, elevation above the surface water features, and maximum
height. Setbacks from the ordinary high water level shall be increased
in accordance with Subsection 1104.804(3) for developments with
density increases;
c. Shore recreation facilities, including but not limited to swimming areas,
docks, and watercraft mooring areas and launching ramps, shall be
centralized and located in areas suitable for them. Evaluation of
suitability shall include consideration of land slope, water depth,
vegetation, soils, depth to ground water and bedrock, or other relevant
factors. The number of spaces provided for continuous beaching,
mooring, or docking of watercraft shall not exceed one for each
allowable dwelling unit or site in the first tier (notwithstanding existing
mooring sites in an existing commercially used harbor). Launching ramp
facilities, including a small dock for loading and unloading equipment,
may be provided for use by occupants of dwelling units or sites located
in other tiers;
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p29
d. Structures, parking areas, and other facilities shall be treated to reduce
visibility as viewed from public waters and adjacent shorelands by
vegetation, topography, increased setbacks, color, or other means
acceptable to the local unit of government, assuming summer, leaf-on
conditions. Vegetative and topographic screening shall be preserved, if
existing, or may be required to be provided;
e. Accessory structures and facilities, except water-oriented accessory
structures, shall meet the required principal structure setback and shall
be centralized; and
f. Water-oriented accessory structures and facilities may be allowed if they
meet and exceed design standards contained in Subsection
1104.308(4).
1104.806 Conversions: Local governments may allow existing resorts or other land uses
and facilities to be converted to residential planned unit developments if all the
following standards are met:
(1) Proposed conversions shall be initially evaluated using the same procedures
for residential planned unit developments involving all new construction.
Inconsistencies between existing features of the development and these
standards must be identified.
(2) Deficiencies involving water supply and sewage treatment, structure color,
impervious coverage, open space, and shore recreation facilities shall be
corrected as part of the conversion or as specified in the conditional use
permits.
(3) Shore and bluff zone deficiencies shall be evaluated and reasonable
improvements made as part of the conversion. These improvements shall
include, where applicable, the following:
a. Removal of extraneous buildings, docks, or other facilities that no longer
need to be located in shore or bluff impact zones;
b. Remedial measures to correct erosion sites and improve vegetative
cover and screening of buildings and other facilities as viewed from the
water; and
c. If existing dwelling units are located in shore or bluff impact zones,
conditions are attached to approvals of conversions that preclude
exterior expansions in any dimension or substantial alterations. The
conditions shall also provide for future relocation of dwelling units, where
feasible, to other locations, meeting all setback and elevation
requirements when they are rebuilt or replaced.
(4) Existing dwelling unit or dwelling site densities that exceed standards in
Subsection 1104.804 may be allowed to continue but shall not be allowed to be
increased, either at the time of conversion or in the future. Efforts shall be made
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City of Prior Lake
June 1, 2009 1104/p30
during the conversion to limit impacts of high densities by requiring seasonal
use, improving vegetative screening, centralizing shore recreation facilities,
installing new sewage treatment systems, or other means.
1104.900: DEVELOPMENT ON NONCONFORMING LOTS:
1104.901 Purpose: The purpose of regulating development on substandard lots of
record is to coordinate development on substandard lots to ensure
environmentally sensitive development, ensure compatibility with surrounding
existing development and to allow for combination of lots to the extent possible.
1104.902 Nonconforming Lot: Development of a nonconforming lot of record requires
sensitivity and careful attention to issues of drainage, setbacks, flood plain
elevation, grading, lot coverage, existing vegetation cover, and relationship to
adjacent structures. New construction upon nonconforming lots should be
carefully designed to integrate with the existing neighborhood development. It
is the intent of this Section to provide flexibility to develop nonconforming lots.
However, the requirements outlined herein are intended to define the conditions
under which the City will allow a nonconforming lot to be developed for single -
family detached dwelling purposes without a variance. Development on
nonconforming lots of record which do not comply with these criteria may only
be considered after application for, and approval of, appropriate variances as
provided for in Subsection 1108.400.
(1) Sewered Areas: A legal lot of record existing upon the effective date of this
Section in a residential district, located adjacent to a General Development or
Recreational Development Lake, which does not meet the requirements of this
Section as to area or width may be utilized for single-family detached dwelling
purposes, provided that all of the conditions of this subsection apply:
a. The minimum lot size with public sewer shall be a minimum of 50 feet in
width measured at the front yard setback line and shall have a minimum
lot area equal to or greater than 7,500 square feet.
b. The lot has been assessed a sewer and water assessment and will not
require an on-site septic system for development.
c. The lot was created compliant with official controls in effect at the time.
d. The development plans shall be in conformance with the policies for
residential development as outlined in the Comprehensive Plan.
e. The development plan shall not exceed thirty percent (30%) impervious
surface coverage.
f. Development shall be planned and conducted in such a manner that the
control of disturbed areas and erosion is demonstrated during and after
construction.
g. A complete grading and drainage plan shall be submitted to the City
Engineer for review. Such plans should be prepared in accordance with
the Storm Water Management Plan.
h. The lot and proposed structure shall meet all other performance
standards of the zoning and building codes.
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City of Prior Lake
June 1, 2009 1104/p31
(2) All Areas: Development of all nonconforming legal lots of record existing upon
the effective date of this Section shall comply with the following:
a. In a group of two or more contiguous lots of record under a common
ownership, an individual lot must be considered as a separate parcel
of land for the purpose of sale or development, if it meets the following
requirements:
(1) The lot must be at least 66 percent of the dimensional standard for
lot width and lot size;
(2) The lot must be connected to a public sewer, if available, or must
be suitable for the installation of a Type 1 sewage treatment system;
(3) Impervious surface coverage must not exceed 30 percent of each
lot; and
(4) Development of the lot must be consistent with an adopted
comprehensive plan.
b. A lot subject to paragraph (a) not meeting the requirements of
paragraph (a) must be combined with the one or more contiguous lots
so they equal one or more conforming lots as much as possible.
c. Notwithstanding paragraph (a), contiguous nonconforming lots of
record in shoreland areas under a common ownership must be able to
be sold or purchased individually if each lot contained a habitable
residential dwelling at the time the lots came under common ownership
and the lots are suitable for, or served by, a sewage treatment system,
or connected to a public sewer.
d. In evaluating all variances, zoning and building permit applications, or
conditional use requests, the zoning authority shall require the property
owner to address, when appropriate, storm water runoff management,
reducing impervious surfaces, increasing setback, restoration of
wetlands, vegetative buffers, sewage treatment and water supply
capabilities, and other conservation-designed actions.
e. A portion of a conforming lot may be separated from an existing parcel
as long as the remainder of the existing parcel meets the lot size and
sewage system requirements of the zoning district for a new lot and
the newly created parcel is combined with an adjacent parcel.
(THIS SPACE INTENTIONALLY BLANK
FOR FUTURE AMENDMENTS)
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p1
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
1102.100: RESIDENTIAL DISTRICT REGULATIONS. The provisions of subsection 1102.100
through 1102.700 govern the use of land within the Residential Use Districts in the
City.
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.
1102.403 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.
(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.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p2
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 18.75 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.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1102/p3
l. Access across wetlands is permitted only in accordance with the State and Federal wetland
regulations.
m. Controlled Access Lots shall meet the Residential Performance Standards of Subsection
1102.700.
n. Garbage receptacles shall be made available on the lot for use during the boating season
(from May 1 through September 30) and all garbage receptacles shall be emptied on a
regular basis to avoid the accumulation of refuse.
o. All docks, mooring facilities, and Controlled Access Lots legally existing on the date of this
ordinance which do not meet the above listed conditions shall be considered legally
nonconforming and the use may be continued in conformance with Minnesota Statutes
Section 462.357 Subd. 1e, including through repair, replacement, restoration, maintenance,
or improvement, but not including expansion. It is the intent of the City of Prior Lake to allow
legally nonconforming Controlled Access Lots to maintain the number of Boat Slip s 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.
MEMORANDUM
TO: Frank Boyles, Dan Rogness, Casey McCabe
FROM: Ric Rosow & Maggie Evavold
DATE: December 11, 2015
RE: City Regulation of Private Docks on Dedicated Waterfront (Sunfish Bay)
Our File No.: 4209.011
ISSUE
What are the City’s options for regulating dock and boat slip limits on waterfront properties
dedicated by plat for the joint use of all owners of lots in a subdivision?
CONCLUSION
Based on our analysis of the facts and relevant Code provisions, it is our op inion that
Dedicated Waterfront lots, including Sunfish Bay, are nonconforming Controlled Access Lots
under the Code. While there are regulations in place that address the number of boat slips allowed
on such lots, enforcement of those regulations presents challenges for the City. For the reasons
discussed below, it is our recommendation that the City take no action at this time relating to
Dedicated Waterfront in general and Sunfish Bay in particular unless an obvious Code violation
exists relating to a commercial use, public nuisance, or similar concern that threatens public health,
safety, or welfare.
FACTS
The City has been approached by residents who own lots in the Sunfish Bay subdivision
concerning the use of waterfront on Prior Lake. The plat of Sunfish Bay, dated October 6, 1925,
reflects 31 platted lots, as well as streets and a “waterfront” parcel abutting Prior Lake. The plat
dedicates the “waterfront as shown on the plat for the joint use of the respective owners of lots.”
Sunfish Bay does not have a homeowner’s association or any written agreement governing the use
of the waterfront. We understand that, historically, property owners hav e maintained about ten
docks extending from the waterfront.
The residents who approached the City are concerned about the actions of another owner
of lots in Sunfish Bay who indicated his intent to install three floating docks in the water of Prior
Lake extending from the waterfront. The lot owner has indicated that these docks will remain in
place year-round, and that he intends to rent out the docks to third parties.
In response to the resident concerns, on November 9, 2015, the City Council passed an
interim ordinance imposing a five-month moratorium on the placement or installation of any docks
on waterfront properties dedicated by plat for the joint use of the owners of the lots. In addition to
December 11, 2015
Page 2
Sunfish Bay, City staff has identified sixteen other plats that appear to contain similarly dedicated
waterfront property. For purposes of this memo, we will refer to these waterfront properties as
“Dedicated Waterfront.”
Under the terms of the moratorium, the Council directed City staff and our office to explore
and evaluate the City’s options for the regulation of docks or boat slips on Dedicated Waterfront
in an effort to resolve or prevent disputes such as the one currently occurring in Sunfish Bay. This
memo contains our discussion of the various options available to the City related to Dedicated
Waterfront.
DISCUSSION
I. Current Regulations
1. State Law
The City Council has the authority, under state law, to “establish harbor and dock limits
and by ordinance regulate the location, construction and use of piers, docks, wharves, and boat
houses on navigable waters and fix rates of wharfage.” Minn. Stat. § 412.221, subd. 12 (2015).
State law places no other requirements or limitations on the City’s authority to regulate docks.
2. DNR Rules
The Minnesota Department of Natural Resources (“DNR”) has promulgated administrative
rules governing the placement of “structures,” including docks, in public waters. Minn. R.
6115.0210. No permit from the DNR is required to install a dock if the following conditions are
met:
(1) the dock will not constitute a hazard to navigation or public health,
safety, and welfare;
(2) the dock will allow the free flow of water beneath it;
(3) the dock is not used or intended to be used as a marina;
(4) the dock is consistent with or allowed under local land use controls,
as determined by the local government land use authority;
(5) the length of the dock is limited to that necessary to accomplish its
intended use, including reaching navigable water depths;
(6) the dock is not more than eight feet in width and is not combined
with other similar structures so as to create a larger structure; and
(7) docks placed on rock filled cribs are located only on waters where
the bed is predominantly bedrock, which is incapable of accepting
pilings.
Minn. R. 6115.0210, subp. 4.A. The DNR has consistently taken the position that, presuming these
conditions are met, it will not become involved in disputes between property owners relating to
docks.
December 11, 2015
Page 3
If a city allows “lots intended as controlled access to public waters or recreation areas for
use by owners of nonriparian lots within subdivisions,” the DNR shoreland management rules
require that such lots meet or exceed certain standards. Minn. R. 6120.3300, subp. 2.E.
3. City Code
The City Code provides a variety of provisions that may be applicable to Dedicated
Waterfront, including those addressing Controlled Access Lots, Personal Docks, and Commercial
Uses. After extensive review of the relevant Code provisions, it is our opinion that Dedicated
Waterfront parcels are legally nonconforming Controlled Access Lots.
a. Controlled Access Lots
A “Controlled Access Lot” is defined in the Code as “[a] riparian parcel of land used as a
Mooring Facility for non-riparian lot owners with access to public waters.” City Code § 1101.1000.
A “Mooring Facility” is “[a]ny area intended for the mooring of seven or more watercraft by docks,
mooring buoys, or other means.” Id.
Dedicated Waterfront are riparian parcels used for lake access by non-riparian lot owners.
If they are used as “Mooring Facilities,” i.e., if they are intended for the mooring of seven or more
watercraft, they qualify as Controlled Access Lots under the Code definition. The ten docks
historically maintained on the Sunfish Bay waterfront have presumably moored seven or more
watercraft. If this presumption is correct, the Sunfish Bay waterfront is a Controlled Access Lot as
defined by the Code.
Because Controlled Access Lots have been the subject of multiple recent Code
amendments, we recount those amendments for purposes of explanation. While Dedicated
Waterfront such as Sunfish Bay meets the current definition of “Controlled Access Lot,” such
properties have not, and likely cannot, meet the requirements under the Code to be a currently
conforming use.
Pre-June 2014
Prior to June 2014, Controlled Access Lots were regulated in Section 1104, the shoreland
zoning regulations, as “[l]ots intended as controlled access to public waters or as recreational areas
by owners of non-riparian lots within subdivisions,” that were required meet or exceed certain
standards. City Code § 1104.307(3) (prior to June 28, 2014). These standards included: (1) size
requirements; (2) limitations on the number of watercraft (beyond 6) that could be stored on the
lot; (3) joint ownership by all purchasers of lots in the subdivision; and (4) the requirement that
the lot must have “[c]ovenants or other equally effective legal instruments” that “specify which lot
owners have the authority to use the access lot and what activities are allowed the use of the lot.”
Id. The covenants were required to limit “the total number of watercraft allowed to be continuously
moored, docked or stored over water.” Id.
This Controlled Access Lot provision in the pre-June 2014 Code was consistent with the
DNR shoreland management rules, described above, and in fact the City’s regulations were
December 11, 2015
Page 4
essentially identical to the DNR rules. Minn. R. 6120.3300, subp. 2.E. Controlled Access Lots
were not explicitly listed as permissible or conditional uses in the zoning district sections of the
City Code.
To our knowledge, all Dedicated Waterfront properties in the City were established prior
to the adoption of any Code provision regulating Controlled Access Lots. Because they are “[l]ots
intended as controlled access to public waters or as recreational areas by owners of non-riparian
lots within subdivisions,” but cannot meet or exceed the listed standards, Dedicated Waterfront
lots became legally nonconforming Controlled Access Lots on the effective date of the this first
regulation.
June 2014 Amendments
The definitions of “Controlled Access Lot” and “Mooring Facility” were added to the Code
in June 2014. Ord. 114-12 (published June 28, 2014). These amendments also revised the standards
contained in the shoreland regulations that a Controlled Access Lot must meet.1 Ord. No. 114-12.
Under the June 2014 amendments, Controlled Access Lots were still required to have covenants
recorded against the lot. Id.
In addition, the amendment revised the provision as to the number of watercraft allowed
on Controlled Access Lots. The June 2014 amendment regulated in terms of “boat slips,” rather
than docks or watercraft, and provided that a Controlled Access Lot was allowed a maximum of
one boat slip for every 12.5 feet of lot width. Id. “Boat slip” is defined in the Code as “[a]n area
of water adjacent to a dock or slip structure or within a mooring area which is used for storage of
one watercraft.” City Code § 1101.1000. The June 2014 amendments did not change the legal
nonconforming status of Dedicated Waterfront.
October 2015 Amendments
The Code was amended again in October 2015 to move the Controlled Access Lot
provisions out of the shoreland regulations (Section 1104) and instead allow a Controlled Access
Lot as a conditional use in the R-1 and R-2 Residential districts. City Code §§ 1102.403(7) (R-1),
1102.503(9) (R-2); Ord. 115-23 (published Oct. 10, 2015). The provisions as to Controlled Access
Lots that previously existed in the shoreland regulations were deleted, and Section 1104 now
provides that Controlled Access Lots are permitted only by conditional use permit (“CUP”) as
described in section 1102. City Code § 1104.307(4).2 Under the October 2015 amendments,
Controlled Access Lots are now allowed a maximum of one boat slip for every 18.75 feet of lot
width, as measured at the Ordinary High Water Level. City Code §§ 1102.403(7)(d);
1102.503(9)(d).
This most recent amendment specifies that any Controlled Access Lot legally existing on
the date of the ordinance, October 10, 2015, is a legal nonconforming use and, as such, “may be
1 The DNR approved the June 2014 amendments as being in compliance with DNR shoreland
management rules.
2 The October 2015 amendments also comply with the DNR rules.
December 11, 2015
Page 5
continued, including through repair, replacement, restoration, maintenance or improvement, but
not including expansion.” City Code §§ 1102.403(7)(o), 1102.503(9)(o) (emphasis added). This
provision is consistent with state law. Minn. Stat. § 462.357, subd. 1e(a).
The Code contains a list of legally nonconforming Controlled Access Lots and the number
of boat slips permitted for each lot as of the date of the ordinance. City Code §§ 1102.402(7)(o),
1102.503(9)(o). The number of boat slips allowed for each of these listed nonconforming
Controlled Access Lots was established by a previously issued City permit or DNR permit. Id.
This list is not exhaustive, however, of all nonconforming Controlled Access Lots in the City. Id.
(“All docks, mooring facilities, and Controlled Access Lots legally existing on the date of this
ordinance which do not meet the above listed condition shall be considered legally nonconforming
. . . .”).
Any new Controlled Access Lot must obtain a CUP from the City. To obtain the CUP, the
Controlled Access Lot must meet several conditions listed in the Code. As in previous regulations,
one of these conditions requires that “[c]ovenants 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,” including the number of watercraft that may be
moored on the lot. City Code §§ 1102.402(7)(e), 1102.503(9)(e).
On a practical note, our conversations with City staff during the drafting and adoption of
these recent Controlled Access Lot ordinance amendments indicate that City staff did not intend
or contemplate that jointly owned lots that did not already have covenants and a homeowner’s
association to govern the lot, including Dedicated Waterfront lots, would be considered Controlled
Access Lots, whether nonconforming or not. Instead, the City was looking to those lots that already
held a permit, issued by either the City or the DNR, specifying the number of boat slips all owed.
The definition of Controlled Access Lot that was ultimately adopted, however, is broad and can
be reasonably interpreted to encompass Dedicated Waterfront.
Sunfish Bay
The Sunfish Bay waterfront has been a legally nonconforming Controlled Access Lot since
the effective date of the ordinance that first regulated Controlled Access Lots. While the waterfront
meets the definition of a “lot[] intended as controlled access to public waters or as recreational
areas by owners of non-riparian lots within subdivisions,” it could not “meet or exceed” all of the
required standards. Most importantly, no covenants or other legal instruments are recorded against
the waterfront that specify how the lot is to be used, including the number of watercraft allowed.
The fact that the Sunfish Bay waterfront was not listed as one of the legally nonconforming
Controlled Access Lots in the October 2015 amendments does not affect its status as such.
Under its nonconforming status, Sunfish Bay is allowed the number of boat slips that
existed on the waterfront on October 10, 2015, or the maximum permitted under the Code,
whichever is greater. The maximum permitted under the Code is one boat slip for every 18.75 feet
of lot width. City Code § 1102.403(7)(d). The Sunfish Bay Waterfront is approximately 430 feet
wide at the Ordinary High Water Level, and is therefore allowed 23 boat slips. If Sunfish Bay had
more than 23 boat slips on October 10, 2015, it is entitled to maintain but not exceed that greater
December 11, 2015
Page 6
number. If it had 23 or less boat slips, it may maintain no more than 23 slips. Any expansion of
the applicable number of boat slips would require the City to adopt an ordinance permitting the
expansion. Minn. Stat. § 462.357, subd. 1e(b) (“A municipality may, by ordinance, permit an
expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances
and to protect the public health, welfare, or safety.”). Whether to adopt such an ordinance lies
within the Council’s discretion.
b. Personal Docks
The Code describes a “personal dock” as the following land use: “The mooring of six or
fewer watercraft allowed for personal use by the owners and/or tenants of low density residential
riparian lots, as further guided by the Policy Guiding the Placement of Personal Docks in the City
of Prior Lake.” City Code 1101.1000. This “Personal Dock Policy,” adopted by the City in 2008,
is intended to guide the use, size, and location of single docks on individual riparian lots in the
City.
This description of “personal docks” was added to the Code in June 2014, but the Code
does not affirmatively regulate personal docks. We understand that, during the amendment
process, the task force and others did not want to recommend regulation of personal docks. Rather,
the intent was to simply identify the use and refer to the Personal Dock Policy. The City chose not
to regulate personal docks. Because no regulation exists, no riparian lot, including Dedicated
Waterfront, is entitled to grandfathering under any “personal dock” consideration.
c. Commercial Use
Under the City’s zoning ordinance, commercial uses are not permitted in residential
districts, with the exception of certain uses allowed with a conditional use permit. Marinas are not
allowed in the R-1 district and, in the R-2 district, “Recreational Marinas” are only permitted with
a CUP. City Code § 1102.503(5); see also City Code § 1101.1000 (defining “Recreational Marina”
as “A mooring facility of seven or more restricted watercraft wherein boat slips are leased and
commercial ancillary services common to marinas are not provided.”).
Sunfish Bay is located in the R-1 district and therefore, even if the waterfront could meet
the conditions required for a Recreational Marina, any use of the waterfront for dock leasing is
prohibited.
II. Options for Regulation
1. Enforce Existing Ordinances
The City must first determine the number of boat slips maintained on the Sunfish Bay
waterfront as of October 10, 2015 to establish the number allowed under the legal nonconforming
use. Enforcing that number, however, will be present challenges for the City. For purposes of
discussion regarding Sunfish Bay, we will assume that, on the date that the Sunfish Bay waterfront
became legally nonconforming, there were 23 boat slips. If one of the owners of a lot in Sunfish
December 11, 2015
Page 7
Bay places a 24th boat slip on the waterfront and the City was asked to enforce its ordinance, there
is no obvious subject of an enforcement action.
The problem arises because the plat of Sunfish Bay dedicates the waterfront “for the joint
use of the respective owners of the lots.” The City has the authority to regulate the number of boat
slips allowed, how many watercraft may be moored, or how many docks the waterfront can have,
but it does not regulate which particular property owners are entitled to those slips, watercraft, or
docks. Enforcing the nonconformity would place the City in the middle of what is essentially a
private dispute between the lot owners.
a. Criminal Prosecution
Any violation of the zoning ordinance is a misdemeanor. City Code § 1109.901. The City
prosecutor could bring criminal charges against the person who installed the 24th boat slip, or
against each lot owner with a right to use the waterfront. It may be difficult, however, to establish
“beyond a reasonable doubt” that a particular lot owner is not entitled to use the waterfront for
dock or boat slip purposes, since the plat grants all lot owners the joint use of the waterfront. The
City may not be able to meet its strict burden of proof in a criminal action.
b. Civil Action
Alternatively, the City could commence a civil enforcement action if the number of boat
slips exceeds that allowed under the nonconformity. See City Code § 1109.902 (allowing the City
to enforce the zoning ordinance by “mandamus, injunction, or any other appropriate remedy in
any court of competent jurisdiction”). In such suit, the City could name all of the lot owners in the
subdivision, or just the individual(s) who have installed boat slips in excess of the allowed number.
The benefit to this type of civil action is that the City could let the Court determine how
the nonconformity is to be enforced, i.e., who is entitled to install docks or boat slips or otherwise
moor watercraft. This option would involve significant legal and administrative costs to the City,
however, especially if the lawsuit named the owners of all 31 lots in Sunfish Bay.
The City could more easily enforce the prohibition on commercial uses in a residential
zone if it determines that a lot owner is renting out his or her dock or boat slips. To the extent that
an owner or user of Dedicated Waterfront installs docks for the purpose of renting out boat slips,
the City may institute an enforcement action (civil or criminal) against the person making the
commercial use.
2. Amend Code to Make Dedicated Waterfront a Conditional Use
The City could amend the zoning ordinance to make Dedicated Waterfront a separate
conditional use, similar to what it did with Controlled Access Lots. Such an amendment could treat
Dedicated Waterfront differently than Controlled Access Lots by, for example, placing less
stringent conditions on Dedicated Waterfront given the lack of covenants governing the use of
waterfront. This would not solve the present problem of Sunfish Bay or any of the other Dedicated
December 11, 2015
Page 8
Waterfront properties, however, as those properties would still be legal nonconformities under any
new ordinance, with the same enforcement difficulties.
3. Amend Code to Regulate Just Sunfish Bay
To date, the City’s discussions surrounding the regulation of private docks on Dedicated
Waterfront have stemmed from complaints from Sunfish Bay property owners. One possible
solution discussed was to enact an ordinance that relates specifically to Sunfish Bay, and not to
other similarly situated Dedicated Waterfront properties. This solution suffers from the same
infirmity as the one discussed above, however, because Sunfish Bay would still be a legal
nonconformity under any new ordinance. Further, such targeted regulation may amount to
impermissible “spot zoning.” State ex rel. Rochester Ass’n of Neighborhoods v. City of Rochester,
268 N.W.2d 885, 891 (Minn. 1978) (describing spot zoning as “zoning changes, typically limited
to small plots of land, which establish a use classification inconsistent with surrounding uses and
create an island of nonconforming use within a larger zoned district”).
4. Permitting
The City could establish and administer a permitting program for Sunfish Bay whereby
any person installing a dock without a permit would be the subject of a civil or criminal
enforcement action. The number of permits issued each year would be based on the number of
boat slips that existed on the waterfront when the lot became nonconforming, or the maximum
number permitted by the Code, whichever is greater. In order to maintain that number, the City
would have to require each applicant for a dock permit to tell the City how man y boat slips the
proposed dock would have.
There are several ways in which the City could determine who gets a permit. For example,
the City could issue dock permits on an annual, rotating basis among Sunfish Bay property owners
using a lottery or simply going down a list of owners. If a chosen lot owner did not want a permit,
the City would move on to the next lot owner. Alternatively, the City could issue permits on a
first-come, first-served basis, though this may simply create a “rush” to City Hall that is also unfair
to those lot owners who are unable to immediately apply immediately.
If the City wishes to become involved in attempting to resolve the issues surrounding
Sunfish Bay, permitting may be a viable option. The City would have to expend staff time and
resources, however, in establishing and administering the program. There is also the concern that
a permitting program may still not satisfy the Sunfish Bay property owners who feel they have a
right to a dock each year.
5. Declaratory Judgment Action
Another proposed solution to the Sunfish Bay problem has been for the City to initiate a
civil action, outside of any enforcement concerns, asking a court to determine how the Sunfish
Bay waterfront is to be shared between the lot owners. Such an action could be brought in the form
of a “declaratory judgment” action, in which the plaintiff (the City) would ask the court to interpret
December 11, 2015
Page 9
the language in the plat and determine the rights of all the defendants (Sunfish Bay lot owners) to
use the waterfront. We do not recommend that the City initiate legal action for several reasons.
First and foremost, the court may determine that the City lacks “standing” to bring such
an action because it has no direct interest in the outcome of the litigation. This is a private dispute
between property owners. So long as the waterfront is used in a manner that does not amount to a
public nuisance or otherwise harm public safety or welfare, the City’s only interest in the matter
is in avoiding additional staff time and public resources expended in receiving and investigating
complaints. Moreover, any legal action comes with considerable financial cost to the City.
6. Decline to Take Action
The City could choose to take no action at this time regarding Dedicated Waterfront, and
particularly Sunfish Bay. As discussed above, the Sunfish Bay plat dedicates the waterfront for the
joint use of the owners of lots in the subdivision. A determination of which property owners are
entitled to maintain those docks, boat slips, or watercraft is a private matter between the owners of
the lots the subdivision. Further, even if the City chose to specifically regulate Dedicated
Waterfront, all of those properties currently existing, including Sunfish Bay, would be
grandfathered as legal nonconforming uses.
While the City has a general duty to enforce its zoning ordinance, City officials are “vested
with reasonable discretion in making the individual enforcement decisions necessarily involved in
the discharge of that duty.” Minn. Op. Att’y Gen. 477b-34 (July 29, 1991). The City may exercise
that reasonable discretion by declining to enforce the boat slip limit in the case of Sunfish Bay, or
any other Dedicated Waterfront, based on the nonconformity. The City Code provides that “[t]he
City, in its sole discretion, may enforce any provision of this Ordinance by mandamus, injunction,
or any other appropriate remedy . . . .” Code § 1109.902 (emphasis added).
It is our opinion that the City would be entitled to statutory immunity for such a decision.
Minnesota law gives municipalities immunity from liability for “[a]ny claim based upon the
performance or the failure to exercise or perform a discretionary function or duty, whether or not
the discretion is abused.” Minn. Stat. § 466.03, subd. 6 (2015). Discretionary immunity protects
those acts that “involve the balancing of policy objectives such as social, economic, and political
factors.” Christensen v. Mower Cnty., 587 N.W.2d 305, 307 (Minn. App. 1998). Declining to
enforce the zoning ordinance as it relates to legal nonconforming uses would be a discretionary
decision involving the balancing of all of these objectives. See Soltis-McNeal v. Erickson, No. C2-
99-854, 1999 WL 1138524 (Minn. App. Dec. 14, 1999) (finding that a city was entitled to
immunity for its decision not to enforce an ordinance relating to tree trimming in the right of way).
If the City chooses to take no action with respect to Dedicated Waterfront, we recommend
that the Council adopt a policy articulating its reasoning. The policy should detail the Council’s
balancing of various social, economic, and political objectives in arriving at the decision to take
no action. In particular, the policy should describe how enforcement is difficult and consumes
resources that are needed for other matters that serve a wider group of citizens.
December 11, 2015
Page 10
III. Conclusion
Dedicated Waterfront properties that have existed for many years, such as the Sunfish Bay
waterfront, present a particular challenge for the City due to the lack of written agreement between
lot owners as to how the waterfront is to be used. Based on our research and interpretation of the
various Code provisions and amendments, it is our opinion that Dedicated Waterfront lots are legal
nonconforming Controlled Access Lots under current Code provisions. They are therefore entitled
to continue but not expand the existing use of the property, including maintaining the same number
of boat slips that existed as of the date of the most recent Code amendment.
If expansion of the use is proposed, a City ordinance allowing such expansion is required.
In the alternative, the property owners could seek a Controlled Access Lot CUP from the City as
described in the Code if they took action to make the parcel a conforming use. This is practically
impossible unless all lot owners agree to the required covenants governing the use of the
waterfront, and meet the other conditions required of Controlled Access Lots. The City could
amend the zoning ordinance to specifically regulate Dedicated Waterfront, but any lots currently
existing would still be afforded legal nonconforming status.
Given the enforcement difficulties presented by Dedicated Waterfront, it is our
recommendation that the City take no action at this time relating to Dedicated Waterfront in
general and Sunfish Bay in particular unless an obvious Code violation exists relating to a
commercial use, public nuisance, or similar concern that threatens public health, safety, or welfare.
The dispute occurring in Sunfish Bay is a private matter to be resolved between the lot owners.
P:\home\4209.011 - Private Docks\Memos\2015 12 11 - MT Boyles et al. - Options for Dedicated Waterfront - Final.docx
3/9/16, 1:43 PMGmail - Follow-up From Meeting 1/25 re: SunFish Bay
Page 1 of 2https://mail.google.com/mail/u/0/?ui=2&ik=b9ea5fd25e&view=pt&search=inbox&type=1534d450e93661a3&th=1528599a8e055215&siml=15288f31604f55de
Cory Goracke-Postle <cory.postle@gmail.com>
Follow-up From Meeting 1/25 re: SunFish Bay
1 message
Cory Goracke-Postle <cory.postle@gmail.com>Thu, Jan 28, 2016 at 9:56 AM
To: sschwarzhoff@grjn.com, cmccabe@cityofpriorlake.com
Cc: David Celski <mn_davey@yahoo.com>, Dan Shower <diverdanny@live.com>, Jolie Hullet-Hadac
<jhulletthadac@gmail.com>, Jon Roese <jaroese@yahoo.com>, John Siskoff <jsiskoff@aol.com>
Hello Casey and Sarah-
We, the SunFish Bay property owners who were present at the meeting 1/25, appreciated your time and effort to
consider our concerns.
Please note some of our feedback and open items for your consideration:
1) It is the assertion of the SunFish Bay property owners present at the meeting, that although the city now recognizes
us as Controlled Access Lots, that the evaluation needs to continue to the next level. It is clear that we are Non-
Conforming controlled access lots (based on the definition) and as Non-Conforming lots, we would be expected, under
the Shoreland Regulations (section 1104) to not expand use following the approval date of the ordinance. (This is
consistent with Maggie's initial statements at the meeting, although the conversation shifted when the discussion
instead focused on Controlled Access Lots in general and the equation that applies to those.)
2) Whether or not "expanding" use refers to use from the date of the ordinance or to all potential use up to the
maximum use (23 slips) was mentioned as an outstanding question. It is our assertion that it would not make sense
for the intention of the ordinance to be to specifically call out non-conforming lots and to state that these lots can not
expand use past the maximum use allotted. That seems self-evident and it is the case for everyone. That this was
spelled out for specifically for non-conforming lots highlights the intention for it to be recognized in a unique way. It is
most likely, therefore, that this implies (as we have interpreted it and as it has been interpreted for us by other
officials) that these lots are not allowed to expand use beyond what is present at the point of the ordinance.
3) It is our understanding based upon conversations with the DNR and as referenced in 1104 202.3, that we are
considered a shoreland overlay district and as such enforcement would be expected on behalf of the city.
4) Lastly, at the Planning Comm. meeting on May 19 2014, Dan Shower asked a number of questions related to these
matters, in terms of the need to establish covenants, etc. It may be helpful to review the material as well (Dan's
specific questions begin around 1 hour, 5 min and 50 seconds into the video).
=== Therefore, given that we are now considered to be Controlled Access Lots- that are legally nonconforming, we
believe that the following applies to us (regardless of the fact that we were not specifically listed- as discussed and
determined at the 1/25 meeting): "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 no t 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 Slip
s... as of the date of adoption of this ordinance." (paragraph 3, 1104.202)
We hope you will continue to evaluate this matter at this next level. It is important for us to note that, as homeowners,
we are in general agreement that we would like the number of docks to remain as they are (were in the fall of 2015)-
as was our working understanding based upon feedback from the city earlier last year and as we interpret the wording
in city documentation regarding non-conforming lots. In fact, the wording regarding non-conforming lots, specifically
states "no expansion" (i.e. does not rely on a calculation).
3/9/16, 1:43 PMGmail - Follow-up From Meeting 1/25 re: SunFish Bay
Page 2 of 2https://mail.google.com/mail/u/0/?ui=2&ik=b9ea5fd25e&view=pt&search=inbox&type=1534d450e93661a3&th=1528599a8e055215&siml=15288f31604f55de
Please let us know next steps or what may be helpful in moving this matter toward resolution. While it is understood
that there are also concerns about how the matters will be enforced, the first step is to ensure clear expectations are
set. It is, of course, better to be proactive than reactive, and we are concerned about the time, money, and effort it will
take to address these matters after the fact. It is our request that you confirm that we are in fact nonconforming
controlled access lots and that under that definition are expected to not expand past the status at the point of
the ordinance.
Thank you for your attention to this matter; we appreciate the efforts being made to work toward an amenable
solution.
Thank you,
Cory Postle (on behalf of those cc'd above)
Zoning Ordinance
City of Prior Lake
June 1, 2009 1105/p1
SECTION 1105
FLOOD PLAIN REGULATIONS
SUBSECTIONS
1105.100: Authority, Purpose and Findings
1105.200: General Provisions
1105.300: Flood Plain District
1105.400: Permitted and Conditional Uses
1105.500: Subdivisions
1105.600: Public Utilities; Public Transportation Facilities
1105.700: Travel Trailers/Vehicles and Manufactured Homes
1105.800: Administration
1105.900: Nonconforming Uses
1105.1000: Amendments
1105.1100: Vacant for future amendments
1105.1200: Vacant for future amendments
1105.100: STATUTORY AUTHORIZATIONS, FINDINGS OF FACT AND PURPOSE:
1105.101 Statutory Authorization: The legislature of the State of Minnesota has, in
Minnesota Statutes Chapter 103F and 462 (Zoning Enabling Statute) delegated
the responsibility to local government units to adopt regulations designed to
minimize flood losses.
1105.102 Findings of Fact: The flood hazard areas of Prior Lake, Minnesota, are subject
to periodic inundation which results in potential loss of life, loss of property,
health and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and impairment
of the tax base, all of which adversely affect the public health, safety, and
general welfare.
This Section is based upon a reasonable method of analyzing flood hazards
which is consistent with the standards established by the Minnesota Department
of Natural Resources.
1105.103 Statement of Purpose: It is the purpose of this Section to promote the public
health, safety, and general welfare and to minimize those losses described in
Subsection 1105.102 herein by provisions contained herein.
1105.200: GENERAL PROVISIONS:
1105.201 Lands to Which Section Applies: This Section shall apply to all lands within
the jurisdiction of Prior Lake, Minnesota, shown on the Flood Insurance Rate
Map and the attachments and amendments thereto, as being located within the
boundaries of the area as Zone AE or Zone A.
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1105.202 Establishment of Official Map: The Flood Insurance Study and Flood
Insurance Rate Map for Prior Lake, Minnesota, both dated November 19, 1997,
and any amendments thereto, are hereby adopted, by reference and declared to
be part of this Section. The Official Map shall be on file in the office of the City of
Prior Lake Planning Department.
1105.203 Regulatory Flood Protection Elevation: The Regulatory Flood Protection
Elevation shall be an elevation at least one foot above the Regional Flood (to the
nearest one-tenth foot as indicated in the Flood Insurance Study Text) plus any
increase in flood elevation caused by encroachments on the flood plain
authorized by this Ordinance. For structures constructed prior to November 19,
1997, the Regulatory Flood Protection Elevation does not have to include the
one foot of freeboard noted in this paragraph unless the existing structure has
been removed as part of the site redevelopment.
1105.204 Interpretation: In their interpretation and application, the provisions of this
Section shall be held to be minimum requirements and shall be liberally
construed in favor of the City and shall not be deemed a limitation or repeal of
any other powers granted by State statutes.
The boundaries of the flood plain district shall be determined by reference to the
Flood Insurance Rate Map. Where interpretation is needed as to the exact
location of the boundaries of the flood plain district, for example where there
appears to be a conflict between a mapped boundary and actual field conditions
and there is a formal appeal of the decision of the Director of Planning, the
Board of Adjustment shall make the necessary interpretation. All decisions will
be based on elevations of the regional (100-year) flood profile and other
available technical data.
1105.205 Abrogation and Greater Restrictions: It is not intended by this Section to
repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this Section imposes greater restrictions, the
provisions of this Section shall prevail. All other ordinances inconsistent with this
Section are hereby repealed to the extent of the inconsistency only.
1105.206 Warning and Disclaimer of Liability: This Section does not imply that areas
outside the flood plain district or land uses permitted within such districts will be
free from flooding or flood damages. This Section shall not create liability on the
part of the City or any officer or employee thereof for any flood damages that
result from reliance on this Section or any administrative decision lawfully made
thereunder.
1105.300: FLOOD PLAIN DISTRICT: The flood plain district shall include those areas
designated as Zone AE and A on the Flood Insurance Rate Map adopted in
subsection 1105.202.
1105.301 Compliance: No new structure or land shall hereafter be used and no structure
shall be located, extended, converted or structurally altered without full
compliance with the terms of this Section and other applicable regulations which
apply to uses within the jurisdiction of this Section. Within the flood plain district,
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all uses not listed as permitted uses or conditional uses in Subsections 1105.401
and 1105.403 that follow, shall be prohibited. In addition, a caution is provided
here that:
(1) Modifications, additions, structural alterations or repair after damage to existing
nonconforming structures and nonconforming uses of structures or land are
regulated by the general provisions of this Section and specifically Subsection
1105.900.
(2) As-built elevations for elevated or floodproofed structures must be certified by
ground surveys and floodproofing techniques must be designated and certified
by a registered professional engineer or architect as specified in the general
provisions of this Section, and specifically as stated in Subsection 1105.802.
1105.400: PERMITTED AND CONDITIONAL USES:
1105.401 Permitted Uses: The following uses shall be permitted uses within the flood
plain district to the extent that they are not prohibited by any other ordinance:
Open space, recreation, retaining walls, stairs, platforms and fill approved
in conjunction with a development proposal.
Accessory structures provided they comply with the provision of
Subsection 1105.404(5).
Fill may be a permitted use; provided that it is part of a development
project and is accompanied by an approved building permit and/or
grading and filling permit. Fill shall be protected from erosion by
vegetative cover, mulching, rip rap or any other acceptable method,
approved in advance by the City.
Residence and other structures constructed on fill so that the basement
floor or first floor, if there is no basement, is at or above the regulatory
flood protection elevation. The finished fill elevation shall be no lower than
1 foot below the regulatory flood protection elevation and shall extend at
such elevation at least 15 feet beyond the limits of any structure or
building erected thereon. Fill shall be compacted and the slopes shall be
protected by rip rap or vegetative covering, approved in advance by the
City.
1105.402 Standards for Permitted Uses:
(1) The use shall have low flood damage potential.
(2) The use shall be permissible in the underlying zoning district.
(3) The use shall not adversely affect the regional flood elevation or cause a
measurable increase in the stage of the 100-year or regional flood or cause a
considerable increase in flood damages in the reach or reaches affected.
(4) Residences that do not have vehicular access at or above an elevation not more
than 2 feet below the regulatory flood protection elevation shall not be permitted
unless granted a variance by the Board of Adjustment. In granting a variance,
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the Board of Adjustment shall specify limitations on the period of use or
occupancy of the residence.
(5) Where the existing streets, utilities and small lot sizes preclude the use of fill,
other methods of elevating the first floor (including basements) above the
regulatory flood protection elevation may be permitted provided appropriate
variances are granted by the Board of Adjustment and, provided, that the
structure is floodproofed in accordance with the State Building Code.
1105.403 Conditional Uses: The following uses shall be conditional uses within the flood
plain district to the extent that they are not prohibited by any other ordinance.
(1) Marinas, boat rentals, piers, wharves and water control structures. Railroads,
street, bridges, utility transmission lines, and pipelines
(2) Flood control structural works such as levees, dikes and floodwalls intended to
protect individual structures and/or agricultural crops against a flood equal to or
less than a 10-year frequency flood event.
1105.404 Standards for Conditional Uses:
(1) All Uses: No structure (temporary or permanent), fill (including fill for roads and
levees), deposit, obstruction, storage of materials or equipment or other uses
may be allowed as a conditional use that will adversely affect the regional flood
elevation or cause a considerable increase in flood damages in the reach or
reaches affected.
(2) All conditional uses shall be subject to the procedures and standards contained
herein.
(3) The conditional use shall be permissible in the underlying zoning district.
(4) Storage of Materials in Flood Plain District: Dredge spoil, fill and all other
similar materials deposited or stored in the flood plain shall be protected from
erosion by vegetative cover, mulching, rip rap or other acceptable method
approved in advance by the City.
Dredge spoil sites and sand and gravel operations shall not be allowed in the
floodway unless a long-term site development plan is submitted which includes
an erosion/sedimentation prevention element to the plan.
As an alternative, and consistent with subsection (4b) above, dredge spoil
disposal and sand and gravel operations may allow temporary, on-site storage of
fill or other materials which would have caused an increase to the stage of the
100-year or regional flood, but only after the Director of Community Development
and Natural Resources has received an appropriate plan which assures the
removal of the materials from the floodway based upon the flood warning time
available. The conditional use permit must be filed by the property owner with
the office of the Scott County Recorder.
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(5) Accessory Structures: Accessory structures shall not be designed for human
habitation. Accessory structures, if permitted, shall be constructed and placed
on the building site so as to offer the minimum obstruction to the flow of flood
waters.
Accessory structures shall be elevated on fill or structurally dry floodproofed in
accordance with the FP-1 or FP-2 floodproofing classification in the State
Building Code. As an alternative, an accessory structure may be floodproofed to
the FP-3 or FP-4 floodproofing classification in the State Building Code;
provided, the accessory structure constitutes a minimal investment, does not
exceed 1000 square feet in size, and for a detached garage, the detached
garage must be used solely for parking of vehicles and limited storage. All
floodproofed accessory structures must meet the following additional standards,
as appropriate:
The structure must be adequately anchored to prevent flotation, collapse
or lateral movement of the structure and shall be designed to equalize
hydrostatic flood forces on exterior walls.
Any mechanical and utility equipment in a structure must be elevated to
or above the regulatory flood protection elevation or, properly
floodproofed.
(6) Storage of Materials and Equipment: The storage or processing of materials
that are, in time of flooding, flammable, explosive or potentially injurious to
human, animal or plant life is prohibited. Storage of other materials or
equipment may be allowed if readily removable from the area within the time
available after a flood warning and in accordance with a plan approved by the
City Council.
(7) Structural works for flood control that will change the course, current or cross
section of protected wetlands or public waters shall be subject to the provisions
of Minnesota Statutes, Chapter 103G. Community-wide structural works for
flood control intended to remove areas from the regulatory flood plain shall not
be allowed in the floodway.
(8) A levee, dike or floodwall constructed in the floodway shall not cause an increase
to the 100-year or regional flood and the technical analysis must assume equal
conveyance or storage loss on both sides of a stream.
1105.500: SUBDIVISIONS: No land shall be subdivided which is deemed unsuitable by the
City for reason of flooding, inadequate water supply or sewage treatment
facilities. All lots within the flood plain district shall contain a building site at or
above the regulatory flood protection elevation. All subdivisions shall have water
and sewage disposal facilities that comply with the provisions of this Ordinance
and have road access no lower than 2 feet below the regulatory flood protection
elevation. In the flood plain district, applicants shall provide the information
required in the Subdivision Ordinance, and the subdivision shall be evaluated in
accordance with procedures in the Subdivision Ordinance.
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1105.600: PUBLIC UTILITIES; PUBLIC TRANSPORTATION FACILITIES:
1105.601 Public Utilities: All public utilities and facilities such as gas, electrical, sewer
and water supply systems to be located in the flood plain shall be floodproofed in
accordance with the State Building Code or elevated to above the regulatory
flood protection elevation.
1105.602 Public Transportation Facilities: Transportation facilities such as roads and
bridges to be located within the flood plain shall comply with subsection
1105.300. Elevation to the regulatory flood protection elevation shall be provided
where failure or interruption of these transportation facilities would result in
danger to the public health or safety or where such facilities are essential to the
orderly functioning of the area. Minor or auxiliary roads may be constructed at a
lower elevation where failure or interruption of transportation services would not
endanger the public health or safety.
1105.700: TRAVEL TRAILERS/VEHICLES AND MANUFACTURED HOMES: New
manufactured home parks shall be subject to the provisions placed on
subdivisions by Subsection 1105.500. The placement of new or replacement of
manufactured homes on individual lots of record that are located in the flood
plain district will be treated as a new structure and may be placed only if elevated
in compliance with Subsection 1105.400.
All manufactured homes must be securely anchored to an adequate foundation
system that resists flotation, collapse and lateral movement. Methods of
anchoring may include, but are not limited to, use of over-the-top or frame ties to
ground anchors. This requirement is in addition to applicable State or local
anchoring requirements for resisting wind forces. Travel trailers and travel
vehicles that do not meet the exemption criteria specified in Subsection
1105.701 below shall be subject to the provisions of this Section and as
specifically spelled out in Subsection 1105.702 below.
1105.701 Exemptions: Travel trailers and travel vehicles are exempt from the provisions
of this subsection if they are placed in any individual lots or parcels of record,
and further if they meet the following criteria:
Have current licenses required for highway use.
Are highway ready, that is, they are on wheels or on the internal jacking
system, are attached to the site only by quick disconnect type utilities
commonly used in campgrounds and trailer parks and the travel
trailer/travel vehicle has no permanent structural type additions attached
to it.
The travel trailer or travel vehicle and associated use must be permissible
in any pre-existing, underlying zoning district.
Travel trailers and travel vehicles exempted in Subsection 1105.701 above lose
this exemption when development occurs on the parcel exceeding $500.00 for a
structural addition to the travel trailer/travel vehicle or an accessory structure
such as a garage or storage building. The travel/trailer vehicle and all additions
and accessory structures will then be treated as a new structure and shall be
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subject to the elevation/floodproofing requirements and the use of land
restrictions specified in Subsections 1105.300 and 1105.400.
1105.702 New or Expanded Travel Trailer Parks/Campgrounds/Subdivisions: New
commercial travel trailer or travel vehicle parks or campgrounds and new
residential type subdivisions and condominium associations and the expansion
of any existing similar use or dwelling sites shall be subject to the following:
(1) Any new or replacement travel trailer or travel vehicle will be allowed in the flood
plain district provided said trailer or vehicle and its contents are placed on fill
above the regulatory flood protection elevation and proper elevated road access
to the site exists. Any fill placed in the flood plain for the purpose of elevating a
travel trailer shall be subject to the requirements of Subsection 1105.300.
(2) All new or replacement travel trailers, or travel vehicles not meeting the criteria of
(1) above may, as an alternative, be allowed as a conditional use if in
accordance with the provisions of Subsection 1108.200. The applicant must
submit an emergency plan for the safe evacuation of all vehicles and people
during the 100-year flood.
Said plan shall be prepared by a registered engineer and shall demonstrate that
adequate time and personnel exist to carry out the evacuation. All attendant
sewage and water facilities for new or replacement travel trailers or other
recreational vehicles must be protected or constructed so as to not be impaired
or contaminated during time of flooding.
1105.800: ADMINISTRATION:
1105.801 State and Federal Permit: Prior to granting a permit or processing an
application for a conditional use permit or variance, the applicant shall verify that
all necessary State and Federal permits have been applied for and/or issued.
1105.802 Certification: The applicant shall be required to submit certification by a
registered professional engineer, registered architect or registered land surveyor
that the finished fill and building elevations were accomplished in compliance
with the provisions of this Section. Floodproofing measures shall be certified by a
registered professional engineer or registered architect.
1105.803 Record of First Floor Elevation: The Community Development and Natural
Resources Department shall maintain a record of the elevation of the lowest floor
(including basement) of all new structures and alterations or additions to existing
structures in the flood plain. The Community Development and Natural
Resources Department shall also maintain a record of the elevation to which
structures and alterations or additions to structures are floodproofed.
1105.804 Flood Insurance Notice and Record Keeping for Variance Requests in the
Flood Plan Districts: The Director of Community Development and Natural
Resources shall notify the applicant for a variance that: 1) the issuance of a
variance to construct a structure below the base flood level will result in
increased premium rates for flood insurance up to amounts as high as $25.00 for
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$100.00 of insurance coverage, and 2) such construction below the 100-year or
regional flood level increases risks to life and property. Such notification shall be
maintained with a record of all variance actions. No variance shall have the
effect of allowing in any district uses prohibited in that district; permit a lower
degree of flood protection than the regulatory flood protection elevation for the
particular area, or permit standards lower than those required by State law. The
City shall maintain a record of all variance actions, including justification for their
issuance, and report such variances issued in its annual or biennial report
submitted to the Administrator of the National Flood Insurance Program.
1105.900: NONCONFORMING USES: A structure or the use of a structure or premises
which was lawful before the passage or amendment to this Section but which is
not in conformity with the provisions of this Section may be continued subject to
the following conditions:
(1) No such use shall be expanded, changed, enlarged or altered in a way which
increases its nonconformity.
(2) Any alteration or addition to a nonconforming structure or nonconforming use
which would result in increasing the flood damage potential of that structure or
use shall be protected to the regulatory flood protection elevation in accordance
with any of the elevation on fill or floodproofing techniques (i.e., FP-1 through
FP-4 floodproofing classifications) allowable in the State Building Code, except
as further restricted in subsection 3 below.
(3) The cost of any structural alterations or additions to any nonconforming structure
over the life of the structure shall not exceed 50% of the market value of the
structure unless the conditions of this Section are satisfied. The cost of all
structural alterations and additions constructed since the adoption of the City's
initial flood plain controls must be calculated into today's current cost which will
include all costs such as construction materials and a reasonable cost placed on
all manpower or labor. If the current cost of all previous and proposed
alterations and additions exceed 50% of the current market value of the
structure, then the structure must meet the standards of Subsection 1105.402 for
new structures.
(4) If any nonconforming use is discontinued for 12 consecutive months, any future
use of the building premises shall conform to this Section.
(5) If any nonconforming use or structure is destroyed by any means, including
floods, to an extent of 50% or more of its market value at the time of destruction,
it shall not be reconstructed except in conformity with the provisions of this
Section. The applicable provisions for establishing new uses or new structures in
Subsection 1105.402 will apply.
1105.1000: AMENDMENTS: The flood plain designation on the Flood Insurance Rate Map
shall not be changed unless it can be shown that the designation is in error or
that the area has been filled to or above the elevation of the regional flood and is
contiguous to lands outside the flood plain. Special exceptions to this rule may
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be permitted by the Commissioner of Natural Resources if he/she determines
that, through other measures, lands are adequately protected for the intended
use.
All amendments to this Section, including amendments to the Flood Insurance
Rate Map, must be submitted to and approved by the Commissioner of Natural
Resources prior to adoption. Changes in the Flood Insurance Rate Map must
meet the Federal Emergency Management Agency's (FEMA) technical
conditions and criteria and must receive prior FEMA approval before adoption.
The Commissioner of Natural Resources must be given 10 day's written notice of
all hearings to consider an amendment to this Section and said notice shall
include a draft of the ordinance amendment or technical study under
consideration.
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