HomeMy WebLinkAbout8 - Shoreland Management Ordinance 93-02 Public Hearing
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
8
DEB GARROSS, ASSISTANT CITY PLANNER
CONSIDER APPROVAL OF SHORELAND MANAGEMENT
ORDINANCE 93-01
FEBRUARY 16, 1993
The purpose of this hearing is to discuss the
draft shore1and management ordinance and amend
the current Zoning Code to incorporate the new
draft. Shoreland management rules have been
promulgated by the Mlnnesota Department of
Natural Resources (DNR). The City of Prior
Lake is required by the DNR to adopt revised
shoreland management regulations that are
consistent with the State Rules. The DNR
notified the City of Prior Lake that the new
rules must be adopted by the city by March 4,
1993.
The City council held a joint workshop to
discuss the draft on November 12, 1992. The
Planning Commission held public hearings on
January 21 and February 4, 1993. The attached
materials include a draft shoreland management
ordinance prepared by Steve Grittman, of
Northwest Associated Consultants, Inc. Also
attached find an addendum which outlines the
recommended changes developed by the Planning
Commission.
Allan Hunting of Northwest Associated
Consultants, Inc. will be present at the
hearing to discuss detailed questions relative
to the proposed draft. The most controversial
issue related to shoreland management has been
the DNR position to require the combination of
substandard lots under one ownership, for
building purposes. The draft contains new
language related to substandard lots of
record. Staff has been advised by the DNR
that Prior Lake will not have to require lot
combinations in areas where assessments for
sewer and water have been paid. Substandard
lots in the Rural Service Area will have to be
combined for building purposes.
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph, (612) 4474230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The city council should take note of sections
of the draft that are underscored or
highlighted. Those areas are changes to the
draft developed by Northwest Consultants based
upon input from the workshop, staff and
preliminary DNR review of the ordinance. The
attached addendum from the Planning Commission
further stipulates changes recommended by the
Commission for adoption of the ordinance.
staff has incorporated Prior Lake definitions
and zoning regulations into the draft where
possible to eliminate duplication of ordinance
provisions. Pages 13 - 15, include a new set
of restrictions for island development within
the community. The standards are based upon a
1979 City Council resolution that formerly
applied only to Twin Island. Page 23, item 7,
stipulates that Prior Lake, by resolution has
defined a program to identify non-conforming
sewage treatment systems. Proposed Resolution
93-08 is attached for Council review.
Page 37, item 1, stipulates standards for
development of substandard lots. This set of
provisions was substantially changed by the
Planning commission as outlined on the
addendum. The provisions differ
significantly from the existing shoreland
regulations. This section stipulates that a
lot of record must be at least 50 feet in
width and contain lot area equal to or greater
than 7,500 square feet. Lots that are smaller
"shall not be considered as a separate parcel
for development purposes but may be used for
open space or accessory uses as permitted in
the zoning district."
There are 9 standards that must apply to
development of substandard lots. The intent
is to provide objective criteria, in ordinance
form, that will be used by the City to
evaluate development on substandard lots. The
City currently uses somewhat subjective
criteria via the variance process to
evaluate construction on substandard lots.
staff is of the opinion that the 9 conditions
will give the City greater control over
development and also notify people in advance,
of the objectives that will need be
demonstrated in order to build upon a
substandard lot.
Item 10, provides that lots 50' or less in
width may utilize one 5' setback provided
conditions (a - e) are met. This provision
was developed by staff in order to limit
variance applications. It is the intent to
allow some design flexibility on substandard
lots, in an attempt to discourage multiple
variances on one lot. Provided an applicant
can desi9n a structure meeting items (a - e),
one 5' s1de yard setback may be utilized. In
the event that all of the items cannot be met,
the applicant would be required to submit a
variance application.
Staff is of the opinion that the established
precedent and multiple variances granted for
substandard lots indicate that the provisions
of the Zoning Code may be overly restrictive,
relative to substandard lot development.
However, it is not the intent to allow
multiple variances. The incentive to comply
with the Ordinance is that a permit applicant
could avoid the time consuming and costly
variance process. The city would benefit in a
reduction of variance applications and also
the number of variances requested per
individual substandard lot.
The proposal is to allow administrative
processin9 of a 5' setback request similar to
how admin1strative subdivisions are currently
reviewed. In the event that an ob~ection to
the 5' setback is raised, the indiv1dual would
be required to file a variance application for
review by the Planning commission. Staff
recommends that notice of the proposed 5'
setback be mailed to contiguous property
owners only. If there is an objection, the
applicant would be required to obtain names of
fee owners of property within 100' of the
site, from a certified abstract company and
file a variance application for consideration.
ALTERNATIVES:
1.
Approve Shore1and Management Ordinance
93-01 subject to:
Conditions as deemed appropriate by the
Cit~ council.
ReV1ew and redraft of Ordinance by City ~
Attorney, Glenn Kessel for proper form
and format.
Review and Acceptance by the DNR.
a)
b)
c)
* Staff also recommends approval of Resolution 93-08 outlining
the position of the City relative to identification and
upgrade of non-conforming sewage treatment systems.
RECOMMENDATION:
ACTION REQUIRED:
2. Table discussion for further study or
information. (If this alternative is
chosen staff recommends that a special
meeting date and time be determined prior
to March 4, 1993)
3. Deny Shore1and Management Ordinance
93-01. (The consequence of denial is
that the DNR may adopt an ordinance for
the city and that no Comprehensive Plan
amendments will be considered by the
Metropolitan council for the city of
Prior Lake).
Alternative #1.
A motion by the Cit~ council to adopt
Shoreland Management Ord1nance 93-01 subject
to the conditions outlined. A separate motion
to adopt Resolution 93-08 outlining the city
policy relative to identification and upgrade
of non-conforming sewage treatment systems.
[IDrn~~~
RESOLUTION 93-08
RESOLUTION SETTING FORTH PRIOR LAKE POLICY FOR THE IDENTIFICATION
AND UPGRADE OF NONCONFORMING SEWAGE TREATMENT SYSTEMS WITHIN
SHORELAND ZONING DISTRICTS.
MOTION BY
SECONDED BY
WHEREAS, the City council of Prior Lake, adopted Ordinance 93-01
implementing Shoreland Management regulations for the
City of Prior Lake on February 16, 1993; and
WHEREAS, a resolution is required to be forwarded to the
Commissioner of Natural Resources, outlining the Cit~'s
intent to identify and require upgrade of non-conform1ng
sewage treatment systems; and
WHEREAS, the city of Prior Lake has established the following
programs:
1.
2 .
The City of Prior Lake has adopted the Scott
County Sewage Treatment system Ordinance by
reference.
All sewage system installers, site
evaluators/percolation testers and septic tank
pumpers are licensed by Scott County and required
to be certified by the Minnesota Pollution Control
ACJency.
L1censed septic tank pumpers are required to submit
Monthly reports of septic tank pumping to Scott
County.
On-site sewage systems which discharge to the
surface are ordered to be upgraded to meet current
standards. upgrades are also required at the time
of building permit application for homes which are
adding bedrooms or other facilities increasing
sewage volumes. Upgrades may be required for
commercial on-site sewage systems when the t~pe of
use changes and a conditional use perm1t is
required.
All new building sites are inspected before a
permit is issued to insure the lot can accommodate
a sewage system for the planned building. On-site
systems are also inspected during construction.
Records are reviewed when requested for mortgage
3.
4.
5.
6.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph, (612) 4474230 / Fax (612) 447-4245
AN EQUAL OPPORTI.JNITY EMPLOYER
transactions and upgrades for sewage systems are
recommended when needed.
and;
WHEREAS, the city of Prior Lake will add the following programs:
1. Investigations and evaluations of on-site sewage
systems will be conducted for lake homes on a staff
availability basis.
2. Annual seminars for all contractors in the city of
Prior Lake will include information regarding
special provisions for on-site sewage systems in
Shoreland Districts.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
PRIOR LAKE, that pursuant to section 9.6 A,7, of Prior
Lake Shoreland Ordinance 93-01, that non-conforming
sewage treatment systems will be identified and upgraded
according to the provisions outlined herein.
Passed and adopted this 16th day of February, 1993.
YES
NO
Andren
Fitzgerald
Kedrowski
Scott
White
Andren
Fitzgerald
Kedrowski
Scott
White
Kay Kuhlmann
Acting City Manager
{Seal}
flrN:c
ADDENDUM
Northwest Associated Consultants, Inc.
URBAN PLANNING'DESIGN'MARKET "ESEAAe~
MEMORANDUl'vr
TO:
Prior Lake Mayor and City Council
Stephen Grit~n
10 February 1993
Prior Lake - Shoreland Ordinance ,Update
199.01
FROM:
DATE:
RE:
FILE NO:
The Planning Commission has completed its review and public hearing
on the proposed Shoreland Ordinance. The enclosed packet includes
a copy of the draft Ordinance which was prepared by our office
based upon discussions with staff, ONR personnel, and issues which
arose from the workshops held last Fall. Attached to the draft are
a series of changes to the draft which were recommended by the
Planning Commission. Most of these proposals have been given an
initial review by DNR staff, and some are in response to their
comments.
Wit.h regard to the overall effect of the Ordinance on lots of
record, the Planning Commission's recommended language establishes
a set of criteria under which substandard lots of record can
develop without need for additional zoning approvals such as
variances or conditional use permits. particularly narrow lots may
be allowed a reduced setback on one side where it meets all of the
crit.eria and no other variances are proposed. The latter allowance
would be by a "minorn variance process.
Section 9.6 .B. 7 of the new Ordinance requires the Council to
establish a policy on non-conforming septic systems by resolution.
Your Building Official has developed such a policy which may be
adopted for the purposes of this Ordinance.
pc: Deb Garross
5775 Wayzata Blvd.. Suite 555 · St. Louis Park, MN 55416' (612) 595-963S.Fax, 595-9837
PLANNING COM:MISSION ALTERNATIVE LANGUAGE TO DRAFT
Section S.3.B.l.d. (page 7);
d. Impervious surface coverage for all commercial and
industrial zoning districts and for public recreational
uses may be allowed to exceed seventy-five (75) percent
of the total lot or exceed existing conditions on the lot
which are over seventy-five (75) percent provided the
following stipulations are met:
Section 9.3.C.2.b) (page 8),
b) Each dwelling unit must be separately serred by public
utilities, none of which are shared;
Section 9.3.D.4.h) (page 12).
h) The structure shall be attached to a pennanent foundation
so as to be immovable trom its approved location.
Section 9.3.D.S.b) (page 12)1
b) Landings for stairways and lifts on residential lots must
not exceed thirty-cwo (32) square feet in area. Landings
larger than thirty-two (32) square feet may be used for
commercial properties, public open space recreational
properties, and planned unit developments. The required
lakeshore setback for landings shall be ten (10) feet,
measured from the ordinary high water mark of the public
water. Landings shall not project into any required side
yard setback.
Section 9.3.2.1.4) (page 14),
d) The minimum lot size for all islands without municipal
sewer and water is one acre. On Twin ISland, tha minimum
lot size requirement is fifteen thousand (15,000) square
~eet or two (2) contiguous <side-by-side) lakeshore lots,
whichever is less.
Section 9.3.!.1.e) (page 14).
e) The min~ lot width at oaw is seventy-five (75) ~eet.
Section 9.12 .B. (page 37) a
B. Substandard Lot: Oevelopment of a substandard lot of
record requires sensitivity and careful attention to
issues of drainage, setbacks, floodplain elevation,
grading, lot coverage, existing vegetation cover, and
relationship to adjacent structures. New construction
upon substandard lots should be carefully designed co
integrate with the existing neighborhood development.
It is the intent ot this section to provide flexibility
to develop substandard lots. However, the requirements
outlined herein are not intended to be varied, but
provide the minimum conditions under which the City will
allow a substandard lot to be developed for single family
detached dwelling purposes.
1. Sewered Areas.
a) A lot of record existing upon the effeccive
date of this Ordinance in a residencial
district, located adjacent to a General
DeVelopment or Recreational Oevelopment Lake,
which does not meet the requireme~ts of this
Ordinance as to area or width may be utilized
for single fam1ly detached dwelling purposes
provided that all of the conditions of this
sub-section apply. Lots that do not meet all
of the following conditions shall not be
considered as a separate parcel tor
development purposes but may be used for open
space, other uses permitted in the zoning
district, or combined with an adjac~nt lot.
1) The minimum lot size with public sewer
shall be a minimum of fifty (50) feet in
width measured at the front yard setback
line and shall have a minimum lot area
equal to or greater than seven thousand
five hundred (7,500) square feet.
2) The lot has been assessed a sewer and
water assessment and will not require an
on-site septic system for development.
3) The lot was created compliant wich
official controls in effect at the time.
4)
The development plans
conformance with the
residential development
the Comprehensive Plan.
must be in
policies for
as outlined in
5) The development plan must not exceed
thirty (:3 0) percent impervious surface
Coverage.
6 i Development must be planr.ed and conducted
in such a manner that the control of
di.sturbed areas and erosion is
demonstratl!d during and after
construction.
7) A complete grading and drainage plan be
submitted to the City Engineer for
review. Such plans should be prepared in
accordance ~ith the National Urban Runoff
Program (N"'uR?) GUidelines and Sest
Management Practices, until such a time
as the City adopcs a Scorm Water
Management Plan.
8) Any cutting of eXisting vegetation is
minimized to the exter.t possible.
9) The lot and proposed structure must meet
all other performance stang.ards of the
20ning and building cOdes~
10) A substandard, R-1 zone~ lot of record,
which contains ~~ th.....,{ fifty (SO) feel:
of lot width, measured at the required
front yard setback line, may utilize one
five (5) foot side yard setback provided
the following conditions apply:
a) The lot is not contiguous to another
lot owned in common by the
applicant.
b) No significant trees of twelve (12)
inches or more in caliper will need
be removed to accommodate the five
(5) foot side yard setback.
c) No encroachment into any other
required setback will be necessary.
d) In no case shall a proposed building
encroach upon any recorded easement.
e) There are no written objections from
neighbors located Within one hundred
(100) feet of the subject site. The
applicant will be required to
provide a list of property owners
prepared by a certified abstract
company for notification purposes.
Property owners will be given a ten
(10) day notification p~riod in
which to respond to the proposed
five (5) foot setback. In the event
that no objections are received, che
application may be processed
administratively bv Staff. In the
event that a written objection is
filed within the ten (10) day
notification period, the applicant:
will be required to file a variance
applicant and supporting materials
according to the appropriate
previsions of the Zoning Ordinance.
2. Unsewered Lots.
a) If, in a group of two or more contiguous lots
under the same ownership, any individual lot
does not meet the requirements of Section
9.3.A of this Ordinance, the lot shall not: be
considered as a separate parcel of land for
the purposes of sale or development. The lot
must be combined with one or more contiguous
lots so they equal one or more parcels of land
meeting the requirements of Section 9.3.A of
this Ordinance as much as possible.
f~c
Northwest Associated Consultants, Inc.
URBAN PLANNING.DESIGN.MARKET RESEARCH
MEl\fORANDUM
TO:
Deb Garross
FROM:
Allan Hunting/Stephen Grittman
RE:
12 January 1993
Prior Lake - Shoreland Ordinance .
DATE:
FILE NO:
199.01
We are submitting to you a corrected copy of the Shoreland
Ordinance resulting from our 29 December meeting for your
distribution packet.
Our submission contains a memo to Horst discussing our ideas on the
commercial planned unit developments, one copy of the Ordinance
with the latest revisions shaded, and one clean copy of the
Ordinance.
Also attached is a copy of a consolidated Section 8, which contains
the Ordinance definitions and the old and new shoreland
definitions.
5775 Wayzata Blvd.. Suite 555. St. Louis Park, MN 55416. (612) 595-9636.Fax. 595-9837
I~c
Northwest Associated Consultants, Inc.
URBAN PLANNING.DESIGN.MARKET RESEARCH
MEMORANDUM
TO:
Horst Graser
FROM:
Allan Hunting/Stephen Grittman
DATE:
12 January 1993
RE:
Prior Lake - Shoreland Ordinance
FILE NO:
199.01
Enclosed please find the draft of the Shoreland Ordinance which
contains all of the corrections and additions discussed at the 29
December meeting in your office.
We have also combined all of the definitions from the existing and
proposed Shoreland Ordinances and put them into the Section 8,
Definitions. The definitions in Section 8 are now an all inclusive
list.
At the beginning of the 29 December meeting, the issue of
commercial planned unit development was discussed regarding its
applicability in the new Ordinance. Stephen Grittman and I have
reviewed the definition of commercial POD,as well as the standards
contained in the Shoreland Ordinance and suggest the following:
1. The definitions and standards for commercial PODs are
intended to control the conversions of old resorts and to
control the densities of new resorts. Since the City
does not have any existing resorts or proposes to have
such development, the commercial POD standards are not
applicable.
2. Excluding commercial PODs from the Shoreland Ordinance
will not preclude the hotel portion of the Wilds
development. The hotel would be allowed under the base
zoning POD requirements which would allow such use. The
shore land performance standards for commercial PODs will
still be required to conform to the open space and other
pertinent requirements of the shoreland POD requirements.
5775 Wayzata Blvd.. Suite 555, St. Louis Park, MN 55416. (612) 595-9636.Fax. 595-9837
We therefore suggest that the City eliminate the commercial POD
language and definition but still require such PODs to conform to
the shoreland performance standards when such development is
located in the Shoreland District.
2
SECTION 8.
DEFINITIONS
8 . 1 GENERAL: Certain words used in this Ordinance are
defined and shall be interpreted as follows:
ACCESSORY RESIDENTIAL UNIT - Consists of up to four (4)
sleeping rooms in a single family dwelling that are
used for residential occupancy by a member(s) of
one family. An accessory residential unit is
subordinate to the principle structure; is
unobtrusive and does not contain a separate,
visible exterior entrance. The existence of an
accessory residential unit does not alter the size
and layout of conunon rooms such as the kitchen,
bathroom, living room and dining room which are
considered to be the basic functional
characteristics of a single family dwelling. (Ord.
91-05)
ACCESSORY STRUCTURE OR USE - Any subordinate building or
use customarily incidental and subordinate to the
principle use and located on the same lot as the
principle use.
AGRICULTURE - Cultivating the soil, producing crops and
raising livestock.
ANIMAL CLINIC - An establishment where animals are
treated and/or hospitalized by veterinarians.
ANIMAL KENNEL - An establishment or dwelling where three
(3) or more animals are bred for sale, boarded,
trained, or kept.
ANTENNA - A device or that portion of any equipment or
device located on the exterior or outside of any
structure, used for radiating and/or receiving
radio waves only.
ASSOCIATION - An organization consisting exclusively of
all unit owners which possess certain powers and
authority over common elements in Planned Unit
Developments, condominiums, townhomes, or other
property.
AUTOMOBILE REPAIR MAJOR - General repair, all body work,
painting, frame work, replacement of engines and
transmissions on cars and trucks. (Ord. 85-8)
AUTOMOBILE REPAIR MINOR - Replacement of any part or
repair of any part which does not require the
removal of the engine head or pan, transmission or
differential. Upholstering service, glass
replacement, lubrication, tune ups are permissible
services. All automobile repair, minor shall be
limited to passenger automobiles and trucks not in
excess of a three-quarter ton rating.
BASEMENT - A story having more than fifty (50) percent of
its clear height below finished grade.
BLOCK A tract of land bounded by streets, or a
combination of streets, parks, cemeteries, railroad
right-of -way, shorelines, waterways or corporate
boundary lines of the City.
BLUFF - A topographic feature such as a hill, cliff, or
embankment having the following characteristics (an
area with an average slope of less than eighteen
(18) percent over a distance for fifty (50) feet or
more shall not be considered part of the bluff):
1. Part or all of the feature is located in a
shoreland area;
2. The slope rises at least twenty-five (25) feet
above the ordinary high water level of the
waterbody;
3. The grade of the slope from the toe of the
bluff to a point twenty-five (25) feet or more
above the ordinary high water level averages
thirty (30) percent or greater; and
4. The slope must drain toward the waterbody.
BLUFF IMPACT ZONE - A bluff and land located within
twenty (20) feet from the top of a bluff.
BOARD - The Board of Adjustment established by this
Ordinance.
BOARDING HOUSE - A building, not a hotel or motel, where
for compensation and for pre-arranged periods,
meals and/or lodgings are provided to not less than
three (3) nor more than ten (10) persons.
BOATHOUSE - A structure used solely for the storage of
boats or boating equipment.
BUILDING AREA - The space remaining on a zoning lot after
minimum yard and open space requirements have been
met.
BUSINESS AREA - Any business activity which renders
service to other commercial or industrial
enterprises.
CERTIFICATE OF OCCUPANCY - A certificate issued by the
City Planner for any structure built or change of
use within any structure in the City of Prior Lake
before it is occupied.
CLEAR CUTTING - The removal of an entire stand of trees.
CLINIC - Any establishment where human patients are
examined and treated by doctors or dentists but are
not hospitalized overnight.
~ Any establishment operated for social,
recreational, or educational purposes but open only
to members and not to the general public.
CLUSTER DEVELOPMENT - Considered to be a type of Planned
Unit Development and is subject to the same review
criteria.
COMMERCIAL PLANNED UNIT DEVELOPMENTS - A conunercial land
use district to which is applied the requirements
of the Planned Unit Development as defined in the
Zoning Ordinance.
COMMERCIAL RECREATION - Includes low intensity uses that
can function without municipal sewer or water, and
usually require large amount of open space. Such
uses may be seasonal or temporary in nature.
Includes uses such as fairs, agricultural exhibits,
tractor pulls, shooting ranges and private
airports, but does not include amusement parks,
water slides or combat games. COrd. 85-08)
COMM:ISSIONER - The Conunissioner of the Department of
Natural Resources.
CONDITIONAL USE A use which, because of special
problems of control, requires reasonable
l~itations peculiar to the use for the protection
of the public welfare and the integrity of the
Comprehensive Plan.
CONDITIONAL USE PERMIT - A permit issued by the Council
in accordance with procedures specified in this
Ordinance as a flexibility device to enable the
Council to assign dimensions to a proposed use or
conditions surrounding it after consideration of
adjacent uses and their functions and the special
problems which the proposed use presents.
CONDOMINIUM Real estate, portions of which are
designated for separate ownership and the remainder
of which is designated for common ownership solely
by the owners of those portions.
CONDOMINIUM UNIT - A portion of a condominium whether or
not contained solely or partially within a
building, designated for separate ownership, the
boundaries of which are described pursuant to MS.
515, A-2-110.
COVERAGE - That portion of a lot covered by the principle
and accessory use structures.
DAY CARE CENTER - A service provided to the public in
which six (6) or more children of school or pre-
school age are cared for during established
business hours, where no overnight facilities are
provided.
DECK - A horizontal, unenclosed platform with or without
attached railings, seats, trellises, or other
features, attached or functionally related to a
principal use or site and at any point extending
more than three feet above ground.
DENSITY - The number of dwelling units per acre allowable
in each district as established in Table 4.2 as
further qualified in 4.1 (M).
DRIVE- IN ESTABLISHMENT An establishment which
accommodates the patron's automobile from which the
occupants may receive a service or in which
products purchased from the establishment may be
consumed or business conducted in the automobile.
DUPLEX. TRIPLEX. AND OUAD - A dwelling structure on a
single lot, having two, three, and four units,
respectively, being attached by common walls and
each unit equipped with separate sleeping, cooking,
eating, living, and sanitation facilities.
DWELLING - Any structure designed or used as the living
quarters for one or more families.
DWELLING UNIT - One or more rooms designed or intended
for occupancy as a single living unit with
sanitary, culinary and sleeping facilities separate
from those of other living units and intended for
the exclusive use of one (1) single family. The
room(s) shall be deemed a dwelling unit if it
contains facilities for cooking, sleeping, and
eating. If the room(s) are used for residential
occupancy and can be separated from other rooms in
the same building, or if direct access can be
gained to the room(s) from outside of the building
or through a common hall intended for use by
occupants of another dwelling unit, the room(s)
shall be considered to be a separate dwelling unit.
( Ord . 91- 05 )
ESSENTIAL SERVICES Underground or overhead gas,
electrical, steam or supply or disposal systems.
FAMILY - One (1) or more persons related by blood,
marriage, adoption, or foster parent relation
occupying a dwelling unit and living as a single
housekeeping unit, or a group of not more than four
(4) persons, not so related, occupying a dwelling
unit and living as a single housekeeping unit.
( Ord . 91- 05 )
FAST FOOD/DRIVE-INS Food is served in disposal
containers and the customer may have the option to
eat at the facility or take the food out. The
customer turnover rate at these facilities is very
high. Generally, these facilities do not
waitresses but rather the food order is placed by
the customer at a central counter.
FEEDLOT - A confined area or structure used for feeding,
breeding, or holding livestock for eventual sale in
which animal waste may accumulate, also including
barns, pens or other structures used in a dairy
farm operation. For purposes of these regulations,
pastures and feedlots accommodating fewer than ten
(10) animals shall not be considered animal
feedlots.
FLOOR AREA - The sum of the gross horizontal areas of the
several floors of a building or buildings measured
from the exterior faces of exterior walls or from
the center line of party walls.
FLOOR AREA RATIO - The total floor area on a zoning lot
divided by the total site area of the lot or parcel
being developed.
GOVERNING BODY - The City Council by whatever name know.
HARDSHIP - The property in question cannot be put to
reasonable use under the conditions allowed by the
official controls; the plight of the landowner is
due to circumstances unique to his property, not
created by the landowner; and the variance, if
granted, will not alter the essential character of
the locality. Economic considerations alone shall
not constitute a hardship if a reasonable use for
the property exists under terms of the official
controls.
HEIGHT OF BUILDING OR STRUCTURE - The vertical distance
from the average level of the highest and lowest
point of that portion of a lot covered by a
building, to the highest point for flat roofs; to
the deck line of mansard roofs; and to the mean
height between eaves and ridge for gable, hip and
gambrel roofs.
HOME OCCUPATION - An occupation carried on in a dwelling
unit which is clearly incidental and secondary to
the use of the building for dwelling purposes and
which does not change the character thereof.
HOUSEKEEPING UNIT All persons residing within a
dwelling unit whose relationship includes a
substantial amount of social interaction, including
the sharing of housekeeping responsibilities,
expenses and the taking of meals together. (Ord.
91-05)
INTENSIVE VEGETATION CLEARING - The complete removal of
trees or shrubs in a contiguous patch, strip, row,
or block.
LIGHT MANUFACTURING - The processing and fabrication of
certain materials and products where no process
involved will produce noise, vibrations, air
pollution, fire hazard or noxious emission which
will disturb or endanger neighboring properties.
LIMITED RETREAT - A private, multi-purpose environment
for use by individuals and private groups for the
purpose of conf erences , workshops, seminars,
meditation or training sessions. For the purpose of
these regulations, a limited retreat shall not
include restaurants for the general public, nor be
eligible for a liquor license. (Ord. 86-09)
LOT - A piece, parcel or plot of land occupied or capable
of being occupied by one or more structures and
intended as a unit for transfer of ownership.
LOT. CORNER - A lot situation at the junction of and
abutting on two or more intersecting streets.
LOT OF RECORD - A mean horizontal distance between the
front and rear lot lines.
LOT. DEPTH OF - A mean horizontal distance between the
front and rear lot lines.
LOT. MINIMUM AREA OF - The measurements of a lot computed
exclusive of any portions of the right-of-way of
any public thoroughfare.
LOT WIDTH - Dimension of lot at front setback line and if
applicable, at the ordinary high water level.
MARINA A commercial establishment adjacent to a
navigable lake providing moorings for boats and
offering other supplies and services accessory to
the principal use. (Ord. 83-6)
MANUFACTURED SINGLE FAMILY DWELLING A structure,
transportable in one or more sections, which in the
traveling mode is eight (8) body feet or more in
width or forty (40) body feet or more in length, or
when erected on site is three hundred twenty (320)
or more square feet and which is built on a
permanent chassis and designed to be used as a
dwelling with a permanent foundation when connected
to the required utilities and includes plumbing,
heating, air conditioning and electrical systems
contained therein. No manufactured dwelling shall
be moved into the City of Prior Lake which does not
meet the Manufactured Home Building Code as defined
in Minnesota Statutes, Chapter 327.31, Subdivision
3.
MODULAR HOME A non-mobile housing unit that is
basically fabricated at a central factory and
transported to a building site where final
installations are made, permanently affixing the
module to the site. A modular home shall be
congruous to a family dwelling_
MOTOR FUEL STATION - An establishment where gasoline,
kerosene, motor oil and lubricants are sold or used
in servicing motor vehicles and where usual motor
vehicle repairs and services are performed.
MOTOR FUEL STATIONS AND CONVENIENCE STORE - A store
operated in conjunction with a motor fuel station
or truck stop for the purpose of offering for sale
goods not essential to the motoring public. (Ord.
85-08)
NATURAL VEGETATION - Any tree greater than four (4)
inches in diameter and any ground cover.
NON-CONFORMING STRUCTURE - A structure designed,
converted, or adopted for a use prior to the
adoption of provisions prohibiting such use in such
locations.
NON-CONFORMING USE - Any use or arrangement of land or
structures legally existing at the time of
enactment of this Ordinance or any of its
amendments which does not conform to the provisions
of the Ordinance.
NURSING HOME OR REST HOME - A licensed establishment
having accommodations for the continuous care of
two or more invalid, infirm, aged convalescent
patients or disabled persons that are not related.
ORDINARY HIGH WATER MARK - A mark delineating the highest
water level which has been maintained for a
sufficient period of time to leave evidence upon
the landscape. The ordinary high water mark is
commonly that point where the natural vegetation
changes from predominantly aquatic to predominantly
terrestrial. For watercourses, the ordinary high
water level is the elevation of the top of the bank
of the channel.
OUTDOOR SALES - Intermittent buying and selling of goods,
merchandise or materials held under the open sky
which are regulated by special use permits by the
City Council.
PLANNED UNIT DEVELOPMENT - A tract of land which will
contain two or more principal structures and which
may incorporate a variety of land uses developed
under unified ownership or control, the development
of which may be unique and of a substantially
different character than that of the surrounding
area.
PLANNING AGENCY - The Planning Conmdssion or Planning
Department as created by the governing body.
PLATFORM - A flat, floored, roofless area detached from
a house, constructed with the finished floor
elevation within thirty-six (36)inches of natural
grade in all locations.
PRINCIPAL USB - The main use to which the premises are
devoted and the principal purpose for which the
premises exist.
PUBLIC NUISANCE - Anything offensive or obnoxious to the
health and welfare of the inhabitants of the City'
or any act or thing repugnant to, or creating a
hazard to, or having a detrimental effect on the
property of another person or to the community.
PUBLIC WATERS Any waters as defined in Minnesota
Statutes, Section 103G.005, Subdivision 15.
REAL ESTATE - Any lease held for three years or more or
other interest in, over or under land, including
fixtures, structures and other improvements which
pass with a conveyance of land including parcels
with or without upper and lower boundaries.
RECREATIONAL VEHICLES - A mobile vehicle including boats
used for recreational purposes, capable of being
towed or being self-propelled.
RENT - A fixed periodical return made by a tenant or
occupant of property to the owner for the
possession, use or occupancy of a dwelling, land,
or personal property of the owner. (Ord. 91-05)
RESIDENTIAL PLANNED UNIT DEVELOPMENT - A use where the
nature of residency is non-transient and the major
or primary focus of the development is not service-
oriented. For example, residential apartments,
manufactured home parks, time-share condominiums,
townhouses, cooperatives, and full fee ownership
residences would be considered as residential
planned unit developments. To qualify as a
residential planned unit development, a development
must contain at least five (S) dwelling units or
sites.
RESTAURANT A sit-down facility offering food on
permanent reusable tableware and dishes. A
restaurant may offer a high or moderately priced
menu and could belong to national chain operations.
Their service may include a limited take-out menu.
The average turnover rate per customer generally is
about one hour.
SETBACK - The minimum horizontal distance between a
structure or sanitary facility and the ordinary
high water mark or between a structure or sanitary
facil i ty and a road, well, highway, or property
lines.
SEWAGE TREATMENT SYSTEM A septic tank and soil
absorption system or other individual or cluster
type sewage treatment system as described and
regulated in Section 9.6 of this Ordinance.
SEWER SYSTEM - Pipelines or conduits, pumping stations,
and force main, and all other construction,
devices, appliances, or appurtenances used for
conducting sewage or industrial waste or other
wastes to a point of ultimate disposal.
SHORELAND - Land located within the following distances
from protected waters: (i) One thousand
(1,000) feet from the ordinary high water mark
of a lake, pond, or flowage; and (ii) three
hundred (300) feet from a river or stream, or
the landward extent of a floodplain on such
rivers or streams, whichever is greater. The
practical limits of shorelands may be less
than the statutory limits where such limits
are designated by natural drainage divides at
lesser distances, as shown on the official
zoning map of the City.
SHORE IMPACT ZONE - Land located between the ordinary
high water level of a public water and a line
parallel to it at a setback of fifty (50) percent
of the structure setback.
SHORELAND SUBSTANDARD LOT OF RECORD - A lot of record in
the Office of the Scott County Recorder prior to 4
May 1987, which does not meet the requirements of
Section 9.3.A of this Ordinance.
SIGN - Any name identification, display illustration
structure or device which is publicly displayed and
which is used to direct attention to a product,
person, business, institution or place.
SIGNIFICANT HISTORIC SITE - Any archaeological site,
standing structure, or other property that meets
the criteria for eligibility to the National
Register of Historic Places or is listed in the
State Register of Historic Sites, or is dete~ined
to be an unplatted cemetery that falls under the
provisions of Minnesota Statutes, Section 307.08.
A historic site meets these criteria if it is
presently listed on either register or if it is
determined to meet the qualifications for listing
after review by the Minnesota State Archaeologist
or the Director of the Minnesota Historical
Society. All unplatted cemeteries are automatically
considered to be significant historic sites.
STEEP SLOPE Land where agricultural activity or
development is either not recommended or described
as poorly suited due to slope steepness and the
site's soil characteristics, as mapped and
described in available county soil surveys or other
technical reports, unless appropriate design and
construction techniques and farming practices are
used in accordance with the provisions of this
Ordinance. Where specific information is not
available, steep slopes are lands having average
slopes over twenty (20) percent, as measured over
horizontal distances of fifty (50) feet or more,
that are not bluffs.
STRUCTURE - Anything constructed or erected, the use of
which requires a fixed location on the ground or
any attachment of something having a fixed location
on the ground, including, in addition to buildings,
billboards, carports, porches, and other building
features but not including sidewalks, drives,
fences and patios.
SUBDIVISION - The division of a single lot, tract or
parcel of land, or a part thereof, into two or more
lots, tracts or parcels of land, however, that the
division of land in parcels of more than five (5)
acres having a width of not less than three hundred
(300) feet shall not be included.
SUBSTANDARD USE - Means any use of shorelands existing
prior to the date of enactment of this Ordinance
which is permitted within the applicable zoning
district but does not meet the minimum lot area and
length or water frontage, structure setbacks, or
other dimensional standards of the Ordinance.
SUPPLY YARD - A commercial establishment storing or
offering for sale building supplies, steel
suppl ies , coal, heavy equipment, feed and grain,
and similar goods. Supply yards do not include the
wrecking, salvaging, dismantling or storage of
automobiles and similar vehicles.
SURFACE WATER-ORIENTED COMMERCIAL USE - The use of land
for commercial purposes, where access to and use of
a surface water feature is an integral part of the
normal conductance of business. Marinas, resorts,
and restaurants with transient docking facilities
are examples of such use.
TOE OF THE BLUFF - The lower point of a fifty (50) foot
segment with an average slope exceeding eighteen
(18) percent.
TOP OF THE BLUFF - The higher point of a fifty (50) foot
segment with an average slope exceeding eighteen
(18) percent.
TOWER - Any man-made structure to which an antenna is
attached, or used to support an antenna.
TOWHHOUSE - Single family attached units in structures
housing three (3) or more continuous dwelling
units, sharing a common wall, each having separate
and individual front and rear entrances; the
structure is of a row type house as distinguished
from multiple dwelling apartment buildings.
TRAVEL TRAILERS - A mobile vehicle with wheels, designed
for overnight living or camping purposes, capable
of being towed by a passenger automobile.
USABLE OPEN SPACE - A ground area on a lot which is
graded, developed, landscaped or equipped or
intended and maintained for recreation or leisure,
available to and usable by persons occupying a
dwelling unit and their guests.
VARIANCE - A waiving by Board action of the literal
provisions of the Zoning Ordinance in instances
where their strict enforcement would cause undue
hardship because of circumstances unique to the
individual property under consideration.
WATER-ORIENTED ACCESSORY STRUCTURE - A building of one
hundred twenty (120) square feet or less used to
store boating accessories and equipment located on
lakeshore lots that contain steep slopes equal to
or greater than twenty (20) percent which because
of the relationship of its use to a surface water
feature reasonably needs to be located closer to
the lakeshore ordinary high water (OHW) mark than
the normal structural setback requirement. COrd.
91-07)
YARD - A required open space on a lot which is unoccupied
or unobstructed by structures from ground level
upward.
YARD. FRONT - A yard extending across the full width of
the lot and lying between the front property line
of the lot and the nearest parallel line drawn
across the front of the principal building.
For lakeshore property, the front yard shall be
considered that part of the lot that is between the
road and the nearest parallel line drawn across the
front of the principle building.
YARD. REAR - A yard extending across the full width of
the lot and lying between the rear line of the lot
and nearest parallel line drawn across the rear of
the principal building.
YARD. SIDE - A yard between the side line of the lot and
the nearest line of the principal building and
extending from the front line of the principle
building to the rear line of the principle
building. (Ord. 91-03)
WETLAND - A surface water frontage classified as a
wetland in the United States Fish and Wildlife
Service Circular NO. 39 (1971 Edition).
SECTION 9. SHORELAND DISTRICT
9.1
A.
B.
9.2
GENERAL PROVISIONS
Statutory Authorization: This Shoreland Ordinance is
adopted pursuant to the authorization and policies
contained in Minnesota Statutes, Chapter 103, Minnesota
Regulations, Parts 6120.2500 6120.3900, and the
planning and zoning enabling legislation in Minnesota
Statutes, Chapter 462.
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 responsibility is hereby recognized by the City of
Prior Lake.
DESIGNATION OF TYPES OF LAND USE
A.
Shoreland Management Classification: In order to guide
the wise development and utilization of shorelands of
protected waters 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
.1Ii....I_l.iiiiltiii.ii!~=>>..J
Natural Environment Lakes
1.
Howard Lake
Township 114, 115N,
Range 22W, Sections 5, 32
Pike Lake
Township 115N, Range 22W,
Section 23
2.
3.
Unnamed ~1.ql~9:r:~.i'\1::.
Townshipd..T'fS.N.:.'."....Raiige~......22W ,
Section 33, 34SW
4.
Keup's Lake (Mystic)
Township 115N, Range 22W,
Section 28
5.
Hass Lake
Township 115N, Range 22W,
Section 27NW
~~~~~p:l"~~II!!I"" ,
Section 27
6.
Recreational Development Lakes
1.
Markley Lake
Township 114N, Range 21; 22W
Sections 6, 1
2.
~~~~~p[!"[fll.'I:;22W
Section 1, 2
ONR to NO.
70-73P
70-76P
70-85
70-79W
70-78
70-77
ONR IO NO.
70-21W
70-53
QIDiM
957.3
820.5
Not
Estab.
960.0
907.3
Not
Estab.
OHWM
Not
Estab.
Not
Estab.
General Oevelooment Lakes ONR ID NO. mmM
1. Spring Lake 70-54P 912.8
Township 114N, Range 22W,
Sections 3-5, 8-10
2. Lower Prior Lake 70-26P 904.0
Township 115N, Range 21; 22
Sections 30; 25, 26, 35, 36
3. Upper Prior Lake 70-72P 904.0
Township 114; 115N, Range 22W
Sections 2-4, 34, 35
2
Tributary Streams
Legal Description
1. Unnamed (to Lower Prior Lake) SW 1/4 Section 35,
Twp. 115N, Range 22W
2. Unnamed (to Upper Prior Lake) SE 1/4, Section 4,
SW 1/4, Section 3,
Twp, 114N, Range 22W
3.
Unnamed Tributary
NE 1/4, Section 27;
Section 23; SE 1/4,
Section 14, Twp. 11SN
Range 22W
B. 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 District as indicated on
the official Zoning Map of the City and as required
by Section 4 of this Ordinance.
3. Substandard Uses. Any uses of shore lands in
existence prior to the date of enactment of this
Ordinance which are permitted within the applicable
zoning district, but do not meet the minimum lot
area, setbacks or other dimensional requirements of
this Ordinance are substandard uses. However, any
structural alteration or addition to a use that
will increase the substandard dimensions
substantially shall not be allowed.
a) Deck additions may be allowed withou~ a
variance to a structure not meeting the
required setback from the ordinary high water
level if all of the following criteria and
standards are met:
1. The structure existed on the date the
structure setbacks were established;
3
9.3
A.
2. A thorough evaluation of the property and
structure reveals no reasonable location
for a deck meeting or exceeding the
existing ordinary high water level
setback of the structure;
3 . The deck encroachment toward the ordinary
high water level does not exceed fifteen
(15) percent of the existing setback of
the structure from the ordinary high
water level or does not encroach closer
than thirty (30) feet, whichever is more
restrictive; and
4. The deck is constructed primarily of
wood, and is not roofed or screened.
4. Prohibited Uses. Any uses which are not permitted
or conditional uses as regulated by the applicable
zoning district underlying this Shoreland District
as indicated on the official Zoning Map of the
City.
ZONING PROVISIONS
The following standards shall apply to all shorelands of
the protected waters listed in Section 2 of this
Ordinance 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:
1. Unsewered Lakes
Natural Environment:
Riparian Lots
Area Width
Non-Riparian Lots
Area Width
Single
~~'i~lg.lI~~]!fll~.UI~lDlf~I[jl_~MI.!
Tributary: *
Riparian
Lot Widths
Single
Duplex
Triplex
Quad
100
150
200
250
* There is no ml.nl.Inum lot size requirements for
rivers and streams.
4
Structure
Setback from
OHW (feet)
Top of Bluff
(feet)
Unplatted
Cemetery (ft)
Structure Height
Limitation (ft)
Sewage System
Setback From
OHW (feet)
2. Sewered Lakes
Natural
Development
Lakes
Tributary
Rivers
150
100
30
30
50
50
a:1
RI,
150
75
Natural Environment:
Single
Duplex
Triplex
Quad
Riparian Lots
Area Width
40,000
70,000
100,000
130,000
Non-Riparian Lots
Area Width
125
225
325
425
20,000
35,000
52,000
65,000
:lltU'
.~:2.:0'
315
410
Riparian Lots
Front .
Area Width 1111.I.
Non-Riparian Lots
Recreational Development:
Area Width
Single
Duplex
Triplex
Quad
,:~:ll::~WA'ft:~~$':::::f.f..':~:;:f..:::::::::~~lI::~;f.:~>;O::~'~:;:f.:::::"
. .o"'.v.~u.........,...,~....~.~.......<......~
: :;~g~*bl6::6~~iH#:l#iI:1:i5:~m@:iHli~..::.:..;
50,000 195 ~I
65,000 255 Ii
,
38,000
49,000
190
245
General Development:
Single
Duplex
Triplex
Quad
15,000
26,000
38,000
49,000
9.0
l'j:.S:
195
255
P:f5
~:;....
,
IL.
~*
10,000
17,500
25,000
32,500
II
l~~g:
190
245
5
B.
Tributary: *
Riparian
Lot Widths
11::_-
%1
liS.
Ii.
...............
Single
Duplex
Triplex
Quad
JUl
If~.
150
190
* There is no ml.nl.mum lot size requirements for
rivers and streams.
Nat.
Dev.
Lakes
Rec.
Dev.
Lakes
Gen.
Dev.
Lakes
Tri-
tary
Rivers
Structure
Setback from
OHW (feet)
150
75
75
75
TOp of Bluff
(feet)
30
30
30
30
Unplatted
Cemetery (ft)
SO
SO
SO
SO
Structure Height
Limitation ( f t )Ij;::l:::::il:::::i:iil:ii:;:::i:liiii:::i:ii::::i:::::g:iJ:~:::i:i::I:::::::~::I:li:I:::l~~:i:i:~:;1;2:~jIDl1~1:l~l~1:~l\t,i~~::~:::Ie:i
(t/
J \ ~
Bluff Impact Zones. Structures and accessory \:''./ 'd^-
facilities, except stairways and landings, must not V~
be placed within bluff impact zones.\~.. /..10
-f \ ~v o~ .(
Impervious Surface Coverage: ~U ~ ~}
~ : t}
Impervious surface coverages for lots in a 1 zoning
districts shall not exceed twenty-five ) percent
of the lot area, except as provided below:
3.
1.
b.
\)
___ \ /",,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
6
c.
necessary,
treatment
compliance
Management
Engineer.
-
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
~e~n:Ftsge=;.,:;:nbY.
CIfY-...Eh~fjjieEir...:.........provI"d.ed the impervious surface
coverage does not exceed seventy-five (75)
percent of the total lot and provided the
following stipulations are met:
structures and practices for the
of storm water runoff are in
with the prior Lake Storm Water
plan and approved by the City
1) All structures, additions or expansions
shall meet setback and other requirements
of this Ordinance.
2) The lot shall be served by municipal
sewer and water.
d. Impervious surface coverage may be allowed to
exceed seventy-five (75) percent of the total
lot or exceed existing conditions on the lot
which are over seventy-five (75) percent
provided the following stipulations are met:
1) A conditional use permit is submitted and
approved as provided for in Section 7 of
this Ordinance.
2) 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
7
of storm water runoff or will be
constructed in conjunction with a
conditional use permit application.
3) All the conditions in B.l.b 1)-3) above
are satisfactorily met.
e. Measures for the treatment of storm water
runoff and/or prevention of storm water from
directly entering a 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.
C. Additional Special provisions:
1. Residential subdivisions with dwelling unit
densities exceeding those in Sections 9.3.A.l and
9.3.A.2 can only be allowed if designed and
approved as residential planned unit developments
under Section 9.11 of this Ordinance. Only land
above the ordinary high water level of public
waters 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 two
hundred (200) feet from the ordinary high
water level;
b) .. Each building must have common sewage
( treatment and water systems in one location .)"
Vnd serve air dwelling units in the bUilding;~~
~rtJJv, ~ ~ f
c) Watercraft docking facilities for each lot
must be centralized in one location and serve
all dwelling units in the building; and
d) No more than twenty-five (25) percent of a
lake's shoreline can be in duplex, triplex, or
quad developments.
8
3. Lots intended as controlled accessed to public
waters or as recreation areas for use by owners of
non-riparian lots within subdivisions are
permissible and must meet or exceed the following
standards:
a) They must meet the width and size requirements
for residential lots, and be suitable for the
intended uses of controlled access lots.
b) If docking, mooring, or over-water storage of
more than six (6) watercraft is to be allowed
at a controlled access lot, then the width of
the lot (keeping the same lot depth) must be
increased by the percent of the requirements
for riparian residential lots for each
watercraft beyond six, consistent with the
following table:
Controlled Access Lot Frontage Requirements
Ratio of Lake Size
To Shore Length
(Acres/Mile)
Required Increase
In Frontage
(Percent)
Less than 100
100 - 200
201 - 300
301 - 400
Greater than 400
25
20
15
10
5
c) They must be jointly owned by all purchasers
of lots in the subdivision or ~y all
purchasers of non-riparian lots 1n the
subdivision who are provided riparian access
rights on the access loti and
d) Covenants or other equally effective legal
instruments must be developed that specify
which lot owners have authority to use the
access lot and what activities are allowed.
The activities may include watercraft
launching, loading, storage, beaching,
mooring, or docking. They must also include
other outdoor recreational activities that do
not significantly conflict with general ptiQlic
use of the public water or the enjoyment of
normal property rights by adj acent property
owners. Examples of the non-significant
conflict activities include swimming,
sunbathing, or picnicking. The covenants must
limit the total number of vehicles allowed to
9
be parked and the total number of watercraft
allowed to be continuously moored, docked, or
stored over water, and must require
centralization of all conunon facilities and
activities in the most suitable locations on
the lot to minimize topographic and vegetation
al terations . They 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
the public water, assuming Summer, leaf on
conditions.
D. Placement, Design, and Height of Structures:
a shore impact zone or a bluff impact zone.
3. High Water Elevations. Structures must be placed
in accordance with any floodplain 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 three (3) feet above the
highest known water level, or three (3) feet
above the ordinary high water level, whichever
is higher;
b) For rivers and streams, by placing the lowest
floor at least three (3) feet above the flood
of record, if data are available. If data are
not available, by placing the lowest floor at
least three (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
10
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 floodplain 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 item if the
structure is constructed of flood-resistant
materials to the elevation, electrical and
mechanical equipment is 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. One (1) water-oriented accessory structure may be
allowed per lot on General Development (GO) lakes
that have municipal sewer and water, provided a
building permit is obtained from the City of Prior
Lake and the following criteria are met:
a) The lot contains a slope equal to or greater
than twenty (20) percent measured from the
front of the principal structure to the
ordinary high water marki and
b) The structure must be one (1) story in height
and cannot occupy an area greater than one
hundred twenty (120) square feet and the
maximum height of the structure must not
exceed ten (10) feet including the roofi and
c) The structure shall be located in the most
visually inconspicuous portion of the lot, as
viewed from the surface of the lake, assuming
Summer, leaf-on conditions. The minimum
setback requirement must be at least ten (10)
feet from the ordinary high water mark and
meet the other applicable side yard setbacks.
The setbacks shall be verified by a
certificate of survey prepared by a registered
surveyor; and
11
d) The structure must not be designed or used for
human habitation and must not contain water
supply or sewage treatment facilities.
However, the structure may contain electrical
and mechanical systems; and
e) The structure must be constructed of treated
wood and/or block that is compatible with the
principal 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
f) If the proposed structure will be located
below the regulatory floodplain elevation, the
structure must be built compliant with
applicable flood-proofing requirements of the
Building Code and Prior Lake Floodplain
Ordinance; and
g) Trees that are four (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 must be made with the approval of the
Building Official. Erosion control measures,
as required by the Building Official, must be
implemented and all disturbed vegetation
replaced with sod or suitable landscaping
materials.
S. 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 must meet the following design
requirements:
a) Stairways and lifts must not exceed four (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 must not exceed thirty- two
(32) square feet in area. Landings larger
than thirty-two (32) square feet may be used
for commercial properties, public open space
recreational properties, and planned unit
developments;
12
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 than
ensures control of soil erosion:
e) Stairways, lifts and landings must 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 sub-items (1) to (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 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 must 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 determined
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.
8. Height of Structures. All structures in
residential districts, except churches and non-
residential ~gricultural structures, must not
exceed IIJll.il~III~~111 feet in height.
E. Island Development:
1.
. B.."""'.............ft:-.......w...........v.....1iiiiiiJf......;.I!...................1l..'..................-""^.<...x..o)..........."..............av....
D 1 t 1 d........ ...ti;i: ..:x~~:tii:'...,................. .'. .:'j;t. ................ ........'i!ii"w:.......,............,.mmw
eve 0 men on 18 an 8 :.. .:...:::~.d14j:l.....:.:..:..::.:'~:..::::.: ":::.:::iiif~:'... ':-:.?1i':' : '.
iiili ~hall be subject t.o'~ttiEt"tori'owl'n"con'l~f;~<<<r
13
d)
e)
a)
Permitted uses on islands are limited to
seasonal cabins, public parks, and open space.
Year round residences are not 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 Section
7.5 of this Ordinance.
b)
Any structure built on an island must contain
an enclosed septic system or incinerator
toilet facilities.
c)
An application for building permit or variance
must include a signed lease arrangement that
indicates that the owner has two, on land,
parking spaces for vehicles. Parking vehicles
on public streets, while occupying a seasonal
structure on jIIIil$.i~_, is not permitted. In
addition, thei...........owiie.i............:rs required to provide
proof of residency, at some location other
than the island, at the time of building
permit application.
-~
two (2) contiguous lots, whichever is less.
Minimum lot width at OHW is one hundred
twenty-five (125) feet. ~nimum lot width at
front setback line is one hundred fifty (150)
feet.
f) Setbacks for structures on A!~lill shall
comply with the following:
1)
2)
3)
Structure setback
from OHW
Side Yard
.: ~>:::..:<:,..B::::';g1lit&1~~;i!l System
... ...... .::Q.~M::Aii:
~ *~::>;:(::'" .:i:."Y;~':~-;.::::*<:.;;~:(~-;:::::;
100 feet
10 feet
75 feet
g) 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.
h) Any removal of vegetation in conjunction with
any construction project shall require a
restoration plan to be submitted and reviewed
14
by the City to ensure that natural vegetation
is retained insofar as possible to screen
seasonal structures and other buildings on
site.
i) The lowest #~Qqi elevation of the structure
includin basement and crawl s ace must Ma~1
9.4 SHORELAND ALTERATIONS: Alterations of vegetation and
topography will be regulated to prevent erosion into public
waters, fix nutrients, preserve shore1and aesthetics, preserve
historic values, prevent bank slumping, and protect fish and
wildlife habitat.
A. 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 this Ordinance are exempt from
the vegetation alteration standards that follow.
2. Removal or alteration of vegetation, except for
agricul tural and forest management uses as
regulated by this Ordinance 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 soil and water conservation district 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 areas, and permitted water-
oriented accessory structures of facilities,
provided that:
15
1. The screening of structures, vehicles, or
other facilities as viewed from the
water, assuming Summer, leaf on
conditions, is not substantially reduced;
2. Along rivers, existing shading of water
surfaces is preserved; and
3. The above provisions are not applicable
to the removal of trees, limbs, or
branches that are dead, diseased, or pose
safety hazards.
B. Topographic Alterations/Grading and Filling:
1. Grading and filling and excavations necessary for
the construction of structures, sewage treatment
systems, and driveways under validly issued
construction permits for these facilities do ont
require the issuance of a separate grading and
filling permit. However, the grading and filling
standards in this section 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
Section 6.5 of this Ordinance.
3. Notwithstanding items 1 and 2 above, a grading and
filling permit will be required for:
a) The movement of more than ten (10) cubic yards
of materia on steep slopes or within shore or
bluff impact zones; and
b) The movement of more than fifty (50) cubic
yards of material outside of steep slopes and
shore and bluff impact zones.
4. The following considerations and conditions must be
adhered to during the issuance of construction
permits, grading and filling permits, conditional
use permits, variances and subdivision approvals:
a)
Grading or filling !.~....>__wc.~.J<.,....~~ .?,,<...>.::~..J
activity would affect the following functional
qualities of the wetland*:
16
1. Sediment and pollutant trapping and
retention;
2. Storage of surface runoff to prevent or
reduce flood damage;
3. Fish and wildlife habitat;
4. Recreational use;
5. Shoreline or bank stabilization; and
6. Noteworthiness, including special
qualities such as historic significance,
critical habitat for endangered plants
and animals, or others.
* This evaluation must also include a
determination of whether the wetland
alteration being proposed requires permits,
reviews, or approvals by other local, state,
or federal agencies such as a watershed
district, the Minnesota Department of Natural
Resources, or the United States Army Corps of
Engineers. The applicant will be so advised.
b) Alterations must be designed and conducted in
a manner that ensures only the smallest amount
of bare ground is exposed for the shortest
time possible;
c) Mulches or similar materials must be used,
where necessary, for temporary bare soil
coverage, and a permanent vegetation cover
must be established as soon as possible.
d) Methods to minimize soil erosion and to trap
sediments before they reach any surface water
feature must be used;
e) Altered areas must be stabilized to acceptable
erosion control standards consistent with the
field office technical guides of the local
soil and water conservation districts and the
United States Soil Conservation Service;
f) Fill or excavated material must not be placed
in a manner that creates an unstable slope;
g) Plans to place fill or excavated material on
steep slopes must be reviewed by qualified
professionals for continued slope stability
17
and must not create finished slopes of thirty
(30) percent or greater;
h) Fill or excavated material must not be placed
in bluff impact zones;
i) Any alterations below the ordinary high water
level of public waters must first be
authorized by the Commissioner under Minnesota
Statutes, Section *!!Iw!~!;
j) Alterations of topography must 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 three (3)
feet horizontal to one foot vertical, the
landward extent of the riprap is within ten
(10) feet of the ordinary high water level,
and the height of the riprap above the
ordinary high water level does not exceed
three (3) feet.
C. Placement and Design of Roads, Driveways and Parking
Areas:
1. Public and private roads and parking areas must be
designed to take advantage of natural vegetation
and topography to achieve maximum screening from
view from public waters. Documentation must 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 field office technical guides
of the local soil and water conservation district,
or other applicable technical materials.
2. Roads, driveways, and parking areas must meet
1H.QI&tlll setbacks and must not be placed within
bYti'lt"->anc!' shore impact zones, when other reasonable
and feasible placement alternatives exist. If no
alternatives exist, they may be placed within these
areas, and must 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
18
the vegetative screening and erosion control
conditions of this sub-part are met. For private
facilities, the grading and filling provisions of
Section 9.4.B of this Ordinance must be met.
D. Storm Water Management:
1. When possible, existing natural drainageways,
wetlands, and vegetated soil surfaces must be used
to convey, store, filter, and retain storm water
runoff before discharge to public waters.
2 . Development must 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
ii~
3. When development density, topographic features, and
soil and vegetation conditions are not sufficient
to adequately handle storm water runoff using
natural features and vegetation, various types of
constructed facilities such as diversions, settling
basins, skinuning devices, dikes, waterways ,and
ponds may be used. Preference must 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 must be provided by
a qualified individual that they are designed and
installed consistent with the field office
technical guide of the local soil and water
conservation districts.
5. New constructed storm water outfalls to public
waters must provide for filtering or settling of
suspended solids and skimming of surface debris
before discharge.
9.5 SP~CIAL PROVISIONS FOR COMMERCIAL, INDUSTRIAL, PUBLIC/
SEMI-PUBLIC, AGRICULTURAL, AND FORESTRY:
A. Standards for Conunercial, Industrial, Public, and Semi-
Public Uses:
19
1. Surface water-oriented commercial uses and
industrial, public, or semi-public uses with
similar needs to have access to and use of public
waters may be located on parcels or lots with
frontage on public waters. Those uses with water-
oriented needs must meet the following standards:
a) In addition to meeting impervious coverage
limits, setbacks, and other zoning standards
in this Ordinance, the uses must be designed
to incorporate topographic and vegetative
screening of parking areas and structures;
b) Uses that require short-term watercraft
mooring for patrons must centralize these
facilities and design them to avoid
obstructions of navigation and to be the
minimize size necessary to meet the need; and
c)
Uses that depend on patrons
watercraft may use signs and
convey needed information to
subject to the following general
arriving by
lighting to
the public,
standards:
1. 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;
2. 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.
They must only convey the location and
name of the establishment and the general
types of goods or services available.
The signs must not contain other detailed
information such as product brands and
prices, must not be located higher than
ten (10) feet above the ground, and must
not exceed thirty-two (32) square feet in
size. If illuminated by artificial
lights, the lights must be shielded or
directed to prevent illumination out
across public waters; and
3. Other outside lighting may be located
wi thin the shore impact zone or over
public waters if it is used primarily to
20
"SMOl"
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.
2.
B. Agriculture Use Standards:
2.
a)
1.
General cultivation farming, grazing, nurseries,
horticulture, truck farming, sod farming, and wild crop
harvesting are permitted uses if stee~ slopes and shore
and bluff impact zones are mainta1ned in permanent
vegetation or operated under an approved conservation
plan (Resource Management Systems) consistent with the
field office technical guides of the local soil and
water conservation districts or the United States Soil
Conservation Service, 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 fifty (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 three hundred (300) feet from the
ordinary high water level of all public waters basins;
and
Modifications or expansions to existing feedlots that
are located within three hundred (300) feet of the
ordinary high water level or within a flood impact zone
are allowed if they do not further encroach into the
existing ordinary high water level setback or encroach
on bluff impact zones.
c. 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."
b)
21
9.6
A.
WATER SUPPLY AND SEWAGE TREATMENT:
B.
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.
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 must be used where
available.
2. All private sewage treatment systems must meet or
exceed the Minnesota Pollution Control Agency's
standards for individual sewage treatment systems
contained in the document titled, nIndividual
Sewage Treatment Systems Standards, Chapter 70eOn,
a copy of which is hereby adopted by reference and
declared to be a part of this Ordinance.
3. On-site sewage treatment systems must be set back
from the ordinary high water level in accordance
with the setbacks contained in Section 9.3.A.l of
this Ordinance.
4. All proposed sites for individual sewage treatment
systems shall be evaluated in accordance with the
criteria in sub-items a)-d). 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:
a) Depth to the highest known or calculated
ground water table or bedrock;
b) Soil conditions, properties, and permeability;
c) Slope;
d) The existence of lowlands, local surface
depressions, and rock outcrops.
5. Non-conforming sewage treatment systems shall be
regulated and upgraded in accordance with Sections
9.6.B.6 and 7 of this Ordinance.
22
6.
.....'.ir.]~I..'.".
:qu'f~!~:H~! oir~:i:e~di:l:cteemmus~o~e ~~~;~~~d, t~~
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 non-conforming if
the only deficiency is the sewage treatment
system's improper setback from the ordinary high
water level.
7.
The City of Prior Lake has by formal resolution
notified the Commissioner of its program to
identify non-conforming sewage treatment systems.
The City of Prior Lake will require upgrading or
replacement of any non-conforming system identified
by this program y$.~~~8iMQtffiti.I0~lli, as described
in Section 9. 6 ~":a":"'6""",w"Q'I"',w"'fhIs"',w"'(5rdliiance. Sewage
systems installed according to all applicable local
shoreland management standards adopted under
Minnesota Statutes, Section 105.485, 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 with 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 non-conforming.
9.7 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 Section 7.5 of this Ordinance.
The following additional evaluation criteria and conditions
apply within shoreland areas:
A. Evaluation Criteria: A thorough evaluation of the
waterbody and the topographic, vegetation, and soils
conditions on the site must be made to ensure:
1. The prevention of soil erosion or other possible
pollution of public waters, both during and after
construction;
2. The visibility of structures and other facilities
as viewed from public waters is limited;
3. The site is adequate for water supply and on-site
sewage treatment; and
23
9.8
4. The types, uses, and numbers of watercraft that the
project will generate are compatible in relation to
the suitability of public waters to safety
accommodate these watercraft.
B. Conditions Attached to Conditional Use Permits: The City
Council, upon consideration of the criteria listed above
and the purposes of this Ordinance, shall attach such
conditions to the issuance of the conditional use permits
as it deems necessary to fulfill the purposes of this
Ordinance. Such conditions may include, but are not
limited to, the following:
1. Increased setbacks from the ordinary high water
level;
2. Limitations on the natural vegetation to be removed
or the requirement that additional vegetation be
planted; and
3. Special provisions for the location, design, and
use of structures, sewage treatment systems,
watercraft launching and docking areas, and vehicle
parking areas.
VARIANCES:
A.
Variances may only be granted in accordance with
Minnesota Statutes, Chapter 462, as applicable. A
variance may not circumvent the general purposes and
intent of this Ordinance. No variance may be granted
that would allow any use that is prohibited in the zoning
district in which the subj ect property is located.
Conditions may be imposed in the granting of a variance
to ensure compliance and to protect adjacent properties
and the public interest. In considering a variance
request, the Board of Adjustment must also consider
whether the property owner has reasonable use of the land
without the variance, whether the property is used
seasonally or year-round, whether the variance is being
requested solely on the basis of economic considerations,
and the characteristics of development on adjacent
properties.
The Board of Adjustment shall hear and decide requests
for variances in accordance with the rules that it has
adopted for the conduct of business. When a variance is
approved after the Department of Natural Resources has
formally recommended denial in the hearing record, the
notification of the approved variance required in Section
9.10 shall also include the Board of Adjustment's summary
B.
24
C.
9.9
A.
of the public record/testimony and the findings of facts
and conclusions which supported the issuance of the
variance.
For existing developments, the application for variance
must clearly demonstrate whether a conforming sewage
treatment system is present for the intended use of the
property. The variance, if issued, must require
reconstruction of a non-conforming sewage treatment
system.
SUBDIVISION/PLATTING PROVISIONS:
Land Suitability: Each lot created through subdivision,
including planned unit developments authorized under
Section 9.9 of this Ordinance, must be suitable in its
natural state for the proposed use with minimal
alteration. Suitability analysis by the local unit of
government shall consider susceptibility to flooding,
existence of wetlands, soil and rock formations with
severe limitations for development, severe erosion
potential, steep topography, inadequate water supply or
sewage treatment capabilities, near-shore aquatic
conditions unsuitable for water-based recreation,
important fish and wildlife habitat, presence of
significant historic sites, or any other feature of the
natural land likely to be harmful to the health, safety,
or welfare of future residents of the proposed
subdivision of Prior Lake.
B.
Consistency with Other Controls: Subdivisions must
conform to all official controls within the Prior Lake
Subdivision Ordinance. A subdivision will not be
approved where a later variance from one or more
standards in official controls would be needed to use the
lots for their intended purpose. In areas not served by
publicly owned sewer and water systems, a subdivision
will not be approved unless domestic water supply is
available and a sewage treatment system consistent with
Section 9.6 can be provided for every lot. Each lot
shall meet the minimum lot size and dimensional
requirements of Section 9.3, including at least a minimum
contiguous lawn area, that is free of limiting factors
sufficient for the construction of two standard soil
treatment systems. Lots that would require use of
holding tanks must not be approved.
C.
Information Requirements: Sufficient information must be
submitted by the applicant for the community to make a
determination of land suitability. The information shall
include at least the following:
25
D.
1. Topographic contours at ten (10) foot intervals or
less from United States Geological Survey maps or
more accurate sources, showing limiting size
characteristics;
2. The surface water features required in Minnesota
Statutes, Section 505.02, Subdivision 1, to be
shown on plats, obtained from United States
Geological Survey quadrangle topographic maps or
more accurate sources;
3. Adequate soils information to determine suitability
for building and on-site sewage treatment
capabilities for every lot from the most current
existing sources or from field investigations such
as soil borings, percolation tests, or other
methods;
4. Information regarding adequacy of domestic water
supply; extent of anticipated vegetation and
topographic alterations; near-shore aquatic
conditions, including depths, types of bottom
sediments, and aquatic vegetation; and proposed
methods for controlling storm water runoff and
erosion, both during and after construction
activities;
5. Location of 100 year floodplain areas and floodway
districts from existing adopted maps or data; and
6. A line or contour representing the ordinary high
water level, the fttoe" and the "top" of the bluffs,
and the minimum building setback distances from the
top of the bluff and the lake or stream.
E.
Dedications: When a land or easement dedication is a
condi tion of subdivision approval, the approval must
provide easements over natural drainage or ponding areas
for management of storm water and significant wetlands.
Platting: All SubdiY.!.:~.:!.9.~:~,~~he,~_.:s.;eate five, or more lots
or parcels that are _~m'%.Q)m.ocea or less 1n size shall
be processed as a :pnre:':''':':rrr'''':'a'''cco:rdance with Minnesota
Statutes, Chapter 505. No permit for construction of
buildings or sewage treatment systems shall be issued for
lots created after these official controls were enacted
unless the lot was approved as part of a formal
subdivision.
26
F.
9.10
A.
B.
9.11
A.
Controlled Access or Recreational Lots: Lots intended as
controlled accesses to public waters or for recreational
use areas for use by non-riparian lots within a
subdivision must meet or exceed the sizing criteria in
Section 9.3 of this Ordinance.
NOTIFICATIONS TO THE DEPARTMENT OF NATURAL RESOURCES:
Copies of all notices of any public hearings to consider
variances, amendments, or conditional uses under local
shoreland management controls must be sent to the
Commissioner or the Commissioner's designated
representative and postmarked at least ten (10) days
before the hearings. Notices of hearings to consider
proposed subdivisions/plats must include copies of the
subdivision/plat.
A copy of approved amendments and subdivisions/plats, and
final decisions granting variances or conditional uses
under local shoreland management controls must be sent to
the Commissioner or the Commissioner's designated
representative and postmarked within ten (10) days of
final action.
PLANNED UNIT DEVELOPMENTS (PUDs):
B.
Types of PUDs Permissible: Planned unit developments
(PUDs) are allowed for new projects on undeveloped land,
redevelopment of previously built sites, or conversions
of existing buildings and land. The land use districts
in which they are an allowable use are identified in the
land use district descriptions in Subd. 9.2.B.1 of this
Ordinance and the official zoning map.
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 :iliIUii.:}:~ foot intervals or less. When a
POD is a combIned commercial and recreational
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.
27
2. A property owners association agreement (for
residential PUDs) with mandatory membership, and
all in accordance with the requirements of Section
9.l1.F of this Ordinance.
3. Deed restrictions, covenants, permanent easements
or other instruments that: 1) properly address
future vegetative and topographic alterations,
construction of additional buildings, beaching of
watercraft, and construction of commercial
buildings in residential PUDs and 2) ensure the
long term preservation and maintenance of open
space in accordance with the criteria and analysis
specified in Section 9.11.F of this Ordinance.
4. When necessary, a master plan/drawing describing
the project and the floor plan for all commercial
structures to be occupied.
S. Those additional documents as requested by the
Zoning Administrator that are necessary to explain
how the PUD will be designed and will function.
C. 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 Section 9.11.F
of this Ordinance.
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.
Shoreland Tier Dimensions
General Development Lakes-
First Tier
General Development Lakes-
Second and Additional Tiers
Recreational Development Lakes
Natural Environment Lakes
All River Classes
Unsewered
(feet)
200
Sewered
(feet)
200
267
267
400
300
200
267
320
300
28
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.
D. Residential and Commercial PUD Density Evaluation: The
procedures for determining the "base- density of a PUD
and a density increase multipliers 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.
1. Residential PUD "Base" Density Evaluation.
a) 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 times 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 numbers of
dwelling units or sites for the residential
planned until developments are then compared
with the tier, density, and suitability
analysis herein and the design criteria in
Section 9.11.F of this Ordinance.
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, stops,
steps, garages, or porches and basements,
unless they are habitable space.
29
b) Select the appropriate floor area ratio from
the following table.
Commercial Planned Unit Development
Floor Area Ratios*
Public Waters Classes
*Average
unit floor
area (sq. ft.)
Sewered general
development
lakes; first
tier on unsewered
general develop-
ment lakes; urban,
agricultural,
tributary river
segments
Second and
additional tiers
on unsewered
general develop-
ment lakes;
recreational
lake; transition
and forested
river segments
Natural
environment
lakes and
remote river
segments
200
300
400
500
600
700
800
900
1,000
1,100
1,200
1,300
1,400
1,500
.040
.048
.056
.065
.072
.082
.091
.099
.108
.116
.125
.133
.142
.150
.020
.024
.028
.032
.038
.042
.046
.050
.054
.058
.064
.068
.072
.075
.010
.012
.014
.016
.019
.021
.023
.025
.027
.029
.032
.034
.036
.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. Manufactured home sites in recreational camping
areas shall use a ratio equal to the size of the manufactured home, or if
unknown, the ratio listed for 1,000 square feet.
c) MUltiple 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 Item C above by the average inside living
area size determined in Item A above. This
yields a base number of dwelling units and
sites for each tier.
30
e) Proposed locations and numbers 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 Section 9.11.F of this
Ordinance.
3. Density Increase Multipliers.
a) Increases to the dwelling unit or dwelling
site base densities previously determined are
allowable if the dimensional standards in
Section 9.3 of this Ordinance are met or
exceeded and the design criteria in Section
9.11.F of this Ordinance are satisfied. The
allowable density increases in Item b below
will only be allowed if structure setbacks
from the ordinary high water level are
increased to at least fifty (50) percent
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 twenty-five (25)
percent greater than the minimum setback.
b)
Allowable dwelling unit or dwelling
density increases for residential
commercial planned unit developments:
site
or
Density Evaluation
Tiers
First
Second
Third
Fourth
Fifth
Maxinu.un density increase
within each tier
(percent)
50
100
200
200
200
F. Maintenance and Design Criteria.
1. Maintenance and Administration Requirements.
a) Before final approval of a planned unit
development, adequate provisions must be
developed for preservation and maintenance in
perpetuity of open spaces and for the
continued existence and functioning of the
development.
31
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:
1.
Commercial uses
residential PUDs);
prohibited
(for
2. Vegetation and topographic alterations
other than routine maintenance
prohibited;
3. Construction of additional buildings or
storage of vehicles and other materials
prohibited; and
4. Uncontrolled beaching of watercraft
prohibited.
c) Development organization and functioning.
Unless an equally effective alternative
community framework is established, when
applicable, all residential planned unit
developments must use an owners association
with the following features:
1. Membership must be mandatory for each
dwelling unit or site purchaser and any
successive purchasers;
2. Each member must pay a pro rata share of
the association's expenses, and unpaid
assessments can become liens on units or
sites;
3. Assessments must be adjustable to
accommodate changing conditions; and
4. The association must be responsible for
insurance, taxes, and maintenance of all
commonly owned property and facilities.
2 . Open Space Requirements. Planned uni t developments
must contain open space meeting all of the
following criteria:
a)
Ap;Oj~~~st ar;~f~ill.;tlill;~iRtiteli.ifrdwiiliii
must be prese~e8~asmopen<<EJpace;~~m~lli~~~@>>~~~m~
32
b) Dwelling units or sites, road rights-of-way,
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 must 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 of 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 must 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,
must 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, must be included as open
space. For residential PUDs, at least fifty
(50) percent of the shore impact zone area of
existing developments or at least seventy (70)
percent of the shore impact zone area of new
developments must be preserved in its natural
existing state. For commercial PUDs, at least
fifty (50) percent of the shore impact zone
must be preserved in its natural state.
3.
Erosion Control and Storm Water Management.
~~S~~:~~~~dM
33
a) Be designed, and the construction managed, to
minimize the likelihood of serious li.:lin
occurring ei ther during or after constrG'c'€"f'OIi':
This must be accomplished by limiting the
amount and length of time of bare ground
exposure. Temporary ground covers, sediment
entrapment facilities, vegetated buffer
strips, or other appropriate techniques must
be used to minimize erosion impacts on surface
water features. Brosion 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 must not
exceed twenty-five (25) percent of the tier
area, except that for commercial PUDs thirty-
five (35) percent impervious surface coverage
may be allowed in the first tier of general
development lakes with an approved storm water
management plan and consistency with Section
9.4 of this Ordinance.
4.
Centralization
Centralization
structures must
standards:
and Design of Facilities.
and design of facilities and
be done according to the following
a) Planned unit developments must be connected to
publicly owned water supply and sewer systems.
b) Dwelling units or sites must be clustered into
one or more groups and located on suitable
areas of the development. They must 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 must be increased in accordance with
Section 9.3 of this Ordinance for developments
with density increases;
c) Shore recreation facilities, including but not
1 imi ted to swimming areas, docks I and
watercraft mooring areas and launching ramps,
must be centralized and located in areas
suitable for them. Evaluation of suitability
34
must include consideration of land slope,
water depth, vegetation, soils, depth to
groundwater and bedrock, or other relevant
factors. The number of spaces provided fore
continuous beaching, mooring, or docking of
watercraft must 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;
d) Structures, parking areas, and other
facilities must 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 must be
preserved, if existing, or may be required to
be provided;
e) Accessory structures and facilities, except
water oriented accessory structures, must meet
the required principal structure setback and
must be centralized; and
f) Water oriented accessory structures and
facilities may be allowed if they meet or
exceed design standards contained in Section
9.3.D.4 of this Ordinance are centralized.
G. Conversions. Local governments may allow existing
resorts or other land uses and facilities to be converted
to residential planned unit developments if all of the
following standards are met:
1. Proposed conversions must 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 must be
corrected as part of the conversion or as specified
in the conditional use peDmits.
35
9.12
A.
3. Shore and bluff impact zone deficiencies must be
evaluated and reasonable improvements made as part
of the conversion. These ~provements must
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
must 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 Section 9.11. E of this
Ordinance may be allowed to continue but must not
be allowed to be increased, either at the time of
conversion or in the future. Efforts must be made
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.
DEVELOPMENT ON SUBSTANDARD LOTS
Purpose:
1. The purpose of regulating development. on
substandard lots of record is to coordinate
development on substandard lots to insure
environmentally sensitive development, ensure
compatibility with surrounding existing development
and to allow for combination of lots to the extent
possible.
36
B. Substandard Lot:
a)
1. Sewered Areas.
1.
2. The lot has been assessed a sewer and water
assessment and will not require an on site
septic system for development.
3. The lot was created compliant with official
controls in effect at the time.
4.
5. The development plan must not exceed 30%
impervious surface coveraqe.
6.
7. A
Any cuttinq or existinq veqetation
minimized to the extent possible.
9. A substandard lot, R-1 Zoned lot or record.
which contains 79 feet or less of lot width
measured at the required front yard setbac~
line, may utilize one five (5) foot side yard
8.
is
37
setback. However, in no case shall a proposed
bUilding encroach upon any recorded easement.
10.
11. Any cutting of existing vegetation is
minimized to the extent possible.
12.
An such
add1t10nal
measures.
encroachment is
andscap1ng or ot
13. The lot and ro osed structure must meet all
other performance standards of the zoning an
building codes.
2. Unsewered Lots
a)
If, in a group of two or more contiguous lots under
the same ownership, any individual lot does not
meet the requirements of Section 9.3.A of this
Ordinance, the lot shall not be considered as a
separate parcel of land for the purposes of sale or
development. The lot must be combined with one or
more contiguous lots so they e9Ual one or more
parcels of land meeting the requ1rements of Section
9.3.A of this Ordinance as much as possible.
38
"SHORE6"
NOTICE OF HEARING TO CONSIDER AMENDING
PRIOR LAKE ZONING ORDINANCE 83-6 TO ADOPT REVISED
SHORE LAND MANAGEMENT RULES
You are hereby notified that the City Council will hold a hearing
in the Prior Lake City Council Chambers at 4629 Dakota Street
S.E., on Tuesday, February 16, 1993 at approximately 8:15 p.m.
The pur~ose of the hearing is to discuss the new shoreland
regulat10ns and amend the current Zoning Code to incorporate the
new rules. Shoreland management rules have been promulgated by
the Minnesota Department of Natural Resources (DNR). The City of
Prior Lake is required by the DNR to adopt revised shoreland
management re9ulations that are consistent with the State Rules.
The DNR not1fied the City of Prior Lake that the new rules must
be adopted by the City b~ March 4, 1993. This hearing is open to
the public. Shoreland d1stricts are lands located within 1000
feet of a public lake as identified by the DNR. The community of
Prior lake contains eleven public lakes including Upper and Lower
Prior Lake as well as Spring Lake.
The shoreland management model ordinance is approximately 50
pages long. A complete copy of the ordinance is on file with the
Pr10r Lake Planning Department and can be reviewed by the ~ublic.
The Planning commission considered a draft Shoreland Ord1nance,
based upon the DNR model ordinance and recommended that the City
Council adopt the draft. The City Council will consider the
draft language recommended by the Planning Commission on February
16, 1993. Copies of the draft Shoreland Ordinance are available
and can be obtained by contacting the Prior Lake Planning
Department at 447-4230.
If you desire to be heard in reference to this matter, you should
attend this hearing. The City Council will accept oral and or
written comments. If you have questions regarding this matter,
contact the Prior Lake Planning Department at 447-4230.
Prior Lake City Council
Date Mailed: February 9, 1993
4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPlOYER
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