HomeMy WebLinkAbout4C Zoning Ordinance Text Amendments - Marinas Report4646 Dakota Street SE
Prior Lake MN 55372
,
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: MAY 19, 2014
AGENDA #: 4C
PREPARED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR
PRESENTED BY: DAN ROGNESS
PUBLIC HEARING: YES
AGENDA ITEM: CONSIDER RECOMMENDING ORDINANCE AMENDMENTS TO SUBSEC-
TIONS 1101.1000 (LAND USE DESCRIPTIONS) AND 1104.307 (ADDITIONAL
SPECIAL PROVISION, SHORELAND REGULATIONS) OF THE CITY CODE
RELATED TO MOORING FACILITIES, CONTROLLED ACCESS LOTS AND
MARINAS.
DISCUSSION:
Introduction
The purpose of this item is to consider proposed amendments to the city’s Zoning
Ordinance related to the regulation of Mooring Facilities, which includes Marinas
and Controlled Access Lots (for homeowner associations).
History
In late 2013, the City Council approved a 6-month moratorium on marinas, and
directed a Task Force to propose changes on how the city regulates them; the
moratorium ends on May 22. The City Council realized that possible improve-
ments could be made to how the city regulates marinas, due in part, to the fact
that the DNR is only permitting commercial marinas with ancillary services. Mari-
nas without such services, such as the Watersedge Marina, are fully regulated
by the city.
In addition to marinas, the Marina Task Force realized that the regulation of Con-
trolled Access Lots for homeowner associations is also addressed in the
Shoreland Regulations. Therefore, it looked at the overall regulations of Marinas
and Controlled Access Lots within a revised Subsection 1104.307 of the
Shoreland Regulations.
Current Circumstances
The 3-member Marina Task Force consisted of Perri Hite representing the Plan-
ning Commission, Liz Weninger representing the Lakes Advisory Committee, and
Woody Spitzmueller representing the Safety Advisory Committee and the Water-
shed District. This group met numerous times to discuss and propose changes
to the city’s regulations. They also convened a larger research group twice to
advise them, which included representatives of the DNR, homeowner associa-
tions with boat slips, the county’s Sheriff Department, and the city’s Police De-
partment.
A summary of the proposed ordinance amendments is provided in Attachments
1 and 2, followed by the specific amendments in Attachments 3 and 4.
ISSUES:
The Marina Task Force discussed how to best regulate the number of boat slips
for Recreational and Commercial Marinas. In addition to the general conditions
identified in Subsection 1104.307(3), the parking ratio (1 stall per 4 boat slips) will
help dictate how many actual boat slips may be allowed. The DNR will ultimately
make that decision for Commercial Marinas. The Task Force discussed a
possible formula for Recreational Marinas, something like what is imposed for
Controlled Access Lots; however, it was unable to develop one based on good
rationale for those facilities that meet the recreational marina definition.
ALTERNATIVES:
1. Motion and second to recommend amendments to Subsections
1101.1000 and 1104.307 as proposed by the Marina Task Force, or as
may be further amended by the Commission.
2. Motion and second to table action and provide further direction to city
staff.
RECOMMENDED Alternative #1.
MOTIONS:
ATTACHMENTS:1. Summary of proposed Ordinance Amendments
2. Table comparing proposed Ordinance Amendments
3. Proposed amendments to Subsection 1101.1000
4. Proposed amendments to Subsection 1104.307
5. Letter from the DNR dated 5/14/14
2
SUMMARYOFPROPOSEDCHANGESTOCITYORDINANCESTHATREGULATE
MARINASANDCONTROLLEDACCESSLOTS
PriorLake,Minnesota
Marinas(existingregulations):
1.AllowedintheR2andC2ZoningUseDistricts.
2.RequiredtoobtainaConditionalUsePermit(CUP).
3.ConditionsapplyspecificallytoMarinasintheR2andC2Districts.
4.ConditionsapplyintheCUPsectionoftheordinance,includinggeneralconditions,floodplain
conditionsandshorelandconditions.
5.DNRisresponsibleforpermittingonlyMarinaswithancillaryservices.
6.ThenumberofboatslipsisdecidedbyeithertheDNRortheCitybasedonaparkingratioandon
generalcriteriarelatedtoimpactstopropertyandthelakes.
Marinas(proposedregulations):
1.RecreationalMarinasandCommercialMarinasarenewlydefinedtoreplaceoneMarina
definition(commercialmarinashaveancillaryservices;recreationalmarinasdonot).
2.AllowedintheR2andC2ZoningUseDistricts.
3.RequiredtoobtainaConditionalUsePermit(CUP).
4.ConditionsapplyintheShorelandsectionoftheordinance,includinggeneralconditionsand
specificconditionsforeachRecreationalandCommercialMarina.
5.DNRisresponsibleforpermittingCommercialMarinas.
6.CityisresponsibleforpermittingRecreationalMarinas.
7.ThenumberofboatslipsisdecidedbyeithertheDNR(forCommercialMarinas)ortheCity(for
RecreationalMarinas).ForRecreationalMarinas,themaximumnumberisbasedonthegeneral
andspecificconditionsnewlywrittenintotheShorelandRegulations.
ControlledAccessLots(existingregulations):
1.Ataminimum,thelotmustmeetthelotwidth;ϳϱ͛Ϳandarea(15,000squarefeet)requirements
forripariansinglefamilyresidentiallots.Thatminimumlotareaisthenallowed6boatslips.
2.Additionalshorelinelengthbeyondthesinglefamilylotwouldthenallowoneadditionalboatslip
tobeaddedtothe6allowedboatslipsforevery18.75feet.
ControlledAccessLots(proposedregulations):
1.Ataminimum,thelotmusthaveϮϬ͛indepthinordertohaveshorelinelengthcountedtoward
theallowableboatslips.
2.Forevery12.5feetofshorelineattheOrdinaryHighWaterElevation,oneboatslipisallowed.
3.AlistofgeneralconditionsintheShorelandRegulationswillalsobeusedtomakesurethatthe
number/locationofboatslipsdoesnotimpedenavigation,safety,etc.
ALLEXISTINGMARINASANDASSOCIATIONDOCKSAREGRANDFATHEREDASNOWPERMITTED
PRIOR LAKE PROPOSED ORDINANCE AMENDMENT - DRAFT
Marina Task Force
2014
ShorelandConditionalCityDNRBoat Slip #PublicParking
OrdinanceUse PermitPolicyRegulationDeterminationRestroomsRatio
Mooring Facilities:
YesYesNoYesPer DNR Permit Yes**1 per 4 slips*
(1) Marina, Commercial
YesYesNoNoPer City ConditionsNo1 per 4 slips
(2) Marina, Recreational
YesNo***NoNoPer City ConditionsNoN/A
(3) Controlled Access Lots
and Formula
Personal Docks:
NoNoYesNoSixNoN/A
NOTE: Conditional Use Permits (CUP) issued for Marinas will follow conditions in the Shoreland Ordinance
rather than in the zoning ordinance section for CUPs.
* Parking for Commercial Marinas may be subject to additional parking requirements based on
the type of ancillary commercial use.
** Portable bathrooms may also be required for after-hours marina use.
*** A new 3-year renewable City administrative permit will be required for all Controlled Access
Lots (HOAs).
Zoning Ordinance
SECTION 1101
GENERAL PROVISIONS
DRAFT 5/12/14
[AMENDMENTS SHOWN AS ADDITIONS AND DELETIONS]
S
UBSECTIONS
1101.100: Purpose and Intent
1101.200: Overview
1101.300: Rules of Construction
1101.400: Definitions
1101.500: General Provisions
1101.600: Districts Established
1101.700: Zoning Map
1101.800: Boundaries
1101.900: Uses Not Listed
1101.1000: Land Use Descriptions
1101.1100: Motorcycles
1101.1000 LUD
:
:
The land use categories permitted by this Ordinance
AND SEESCRIPTIONS
are described in this Subsection. Subsection 1109.102 empowers the Zoning
Administrator to make interpretations identifying which land use category a proposed
land use fits within.
Adult Day Care. Non-medical care and supervision of adults on a regular basis for
periods of less than 24 hours per day in a structure which is not the residence of the
facility operator. Some characteristics of this use are similar to Family Day Care and
Nursing Homes. This use is appropriate in Commercial Use Districts provided there
is accessibility to outdoor areas for sitting and exercise. Persons served by an adult
day care facility are most like nursing home residents or individuals with
developmental disabilities or challenges.
Agriculture. The production of crops, plants or vines, including forestry. The term
also applies to the keeping, grazing or feeding of livestock existing on the effective
date of the Ordinance.
Agricultural Commodities Sales. The temporary display and sale of flowers,
produce and Christmas trees and other greens which are associated with Christmas.
Alternative School. A school which offers a curriculum which is equivalent to but is
a substitute for the curriculum commonly found in more traditional public or private
schools.
(Amd. Ord. 109-11, publ. 7/11/09)
Animal Handling. The sale, boarding, treatment and care of privately owned small
animal pets; may include dogs, cats, fish, reptiles and other mammals but excluding
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large animals such as horses, farm animals (including ostriches) or animals raised
for slaughter. Characteristics may include special refuse, storage, noise, odor and
other nuisance characteristics.
Animal Kennel. Any property where 4 or more animals are owned, boarded, bred
or offered for sale.
Appliance, Small Engine and Bicycle Repair. Maintenance and repair of
appliances, small engines, bicycles and similar items. Characteristics include some
outdoor activity and noise.
Auto Body/Painting. The painting, straightening, replacing and/or repairing the
frame and body parts of motor vehicles, usually damaged as result of an accident or
as a result of exposure to the elements; it includes the outdoor storage of damaged
and dismantled vehicles, and may generate odor and noise; this use excludes
junkyards and automobile wrecking yards.
Automatic Car Wash. A structure, or portion thereof, designed to wash automobiles
and light trucks with little or no human intervention. The automatic car wash utilizes
automated equipment and wash cycles are relatively short. An automatic car wash
is typically accessory to other automotive related land uses and may sporadically
cause congestion on its site.
Bank. A building for the deposit, management and lending of money, frequently with
accessory drive-up facility. This use includes banks and savings and loans but not
insurance companies or stock brokerage firms. Characteristics may include high
peak hour traffic on certain days.
Bar. A building where the primary use is the sale of alcoholic beverages for
consumption on the premises. Minors are excluded from entry by law.
Characteristics include late hours, high parking demand, noise, trash and litter and
heavy off-peak traffic. Use is often found in conjunction with restaurants, hotels and
night clubs.
Bed and Breakfast Establishment. A private, owner-occupied residence with guest
rooms where temporary lodging facilities and some meals are provided to paying
lodgers within single family or two family dwellings. The lodging is subordinate and
incidental to the main residential use of the building. Indoor recreational facilities for
the use of the residents and paying lodgers may be included.
Boat Slip. An area of water adjacent to a dock or slip structure or within a mooring
area which is used for storage of one watercraft.
Building Construction Structures. A structure used by a contractor or leasing
agent as an office or for storage purposes for a construction project for which a
building permit has been secured and is in effect; this use includes construction
trailers.
Building Improvement Trades. A building used for the storage of building supplies
and construction equipment and/or office areas dedicated to the conducting of a
business related to the construction, alteration, renovation, or structural change to
a residential or commercial structure. Such uses may include construction,
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masonry, HVAC, plumbing or electrical.
Building Material Sales. The sale or rental of building supplies, construction
equipment, or home decorating fixtures and accessories. This term does not include
a site with a principal building in excess of 40,000 square feet.
Business/Trade Schools. A school serving adults and sometimes high school age
persons which provides specialized education to develop a skill to prepare for a
specific job. Equipment or processing which simulates an industrial or commercial
work setting may be included.
Business Services. A business primarily engaged in rendering services to business
establishments on a fee or contract basis, such as advertising and mailing, building
maintenance, employment services, management and consulting services,
protective services, equipment rental and leasing, commercial research,
development and testing, photo finishing and personal supply services.
Car Wash. A structure, or portion thereof, containing facilities for washing motor
vehicles by hand or by using production-line, automated or semi-automated methods
for washing, whether or not employing a chain conveyor, blower, steam-cleaning or
similar mechanical device. The use includes Automatic Car Washes.
Carnivals, Festivals and Promotional Events. Tents and stands used for
entertainment, display and sale of food and merchandise, and amusement rides
permitted for a period not exceeding fourteen days.
Club/Lodge. A building operated by an association of persons, primarily not for
profit, where social, education, recreational or dining activities are provided. Services
provided are not customarily carried on as a business and may include dining,
consumption of alcoholic beverages, dancing, legal gambling, and meetings.
Characteristics may include late hours, high parking demand, noise and heavy off-
peak traffic.
Cluster Housing. Dwelling units attached in a single structure, each having a
separate private outdoor entrance. Dwelling units may be located on individual lots
or on a lot in common. Characteristics may include a larger building mass and scale
and larger concentrations of paved surfaces than single family detached dwellings.
Commercial Recreation. Includes low-intensity uses that can function without
municipal sewer or water, and usually require a large amount of open space. Such
uses shall be seasonal or temporary in nature.
Community Centers. A building, structure or area which is open to the public and
designed to accommodate and serve significant segments of the community and
which is used for educational, religious, fraternal, social and recreational programs.
This use may include accessory food service and accessory retail shops.
Contractors Yard.Any land used primarily for the storage of equipment, vehicles,
machinery (new or used), building materials, paints, pipe or electrical components
used by the owner or occupant of the property in the conduct of any building trade
or craft.
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Controlled Access Lot.A riparian parcel of land used as a Mooring Facility for non-
riparian lot owners with access to public waters.
Convention and Exhibition Center. A building providing meeting rooms for the
assembly of persons and the display of products and information. This use may
include accessory food service or banquet kitchen facilities. Characteristics include
heavy parking and loading area requirements and large scale buildings.
Copy Shop. A building in which retail oriented graphic and photographic
reproductive services are conducted. These services may include the collating and
binding of booklets and reports. This does not include industrial operations where
printing is of a commercial nature.
Country Club. A golf course and associated clubhouse which may contain in
addition to locker and shower rooms, dining and bar facilities, meeting rooms and
other spaces for large social functions. Typically open only to members and
characteristics may include significant trip generation on evenings and weekends.
Docks, Personal. The mooring of six or fewer watercraft allowed for personal use
by the owners and/or tenants of low density residential riparian lots, as further guided
by the Policy Guiding the Placement of Personal Docks in the City of Prior Lake.
Dry Cleaning, Laundering with Route Pick-up and Delivery. A building where
clothing, diapers or other fabrics are cleaned by dry cleaning or laundering processes
on site. Materials to be cleaned may be brought to the site either by delivery trucks
operated as part of the business or by customers who drop off and pick up their own
materials to be cleaned. The use may include the storage of delivery vehicles on the
site.
Elderly Housing. A building intended and operated for occupancy by at least one
person 55 years of age or older per unit, provided that (a) at least 80 percent of the
units are occupied by at least one person 55 years of age or older per unit; and (b)
there is publication of, and adherence to, policies and procedures that demonstrate
an intent by the owner or manager to provide housing for persons 55 years of age or
older.
Education/Academic. Public - Neighborhood or district based education services
normally provided to children and teenagers; the use may include evening or off-hour
service to adults in the community. This use generally includes an accessory food
service and some retail facilities to serve students and faculty. Private - Community
or regional based education service normally provided to children and teenagers;
facilities similar to public education facilities above except privately owned and/or
operated.
Family Day Care. A building that provides care, protection and supervision of
children in a private residence for periods of less than 24 hours per day for a fee. The
size of the outdoor play area, the maximum number of children who may be served,
and the number and qualifications of required outside teachers or helpers are set
forth in Minnesota State Statutes which may be amended from time to time. This use
may be licensed by other agencies. It generates about 4 vehicle trips per child per
day.
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Food Service. The sale of food and beverages which are prepared and served in
individual portions in a ready to consume state for consumption off-site; includes
seating for not more than 10 persons. Characteristics may include truck and vehicle
traffic, cooking odors and refuse. The preferred location is on major thoroughfares
with no access to local residential streets. This use is often found in conjunction with
motor fuel stations and grocery stores.
Freight Terminal. Short-term storage and transshipment of materials and the
outdoor storage of trucks and related equipment. Characteristics include high
volumes of large truck traffic.
Funeral Home. A building where funeral services are held and where embalming
and other processes occur in preparation of the deceased for burial; the use may
include the storage of caskets, funeral urns and other related funeral supplies, and
usually provides vehicles to transport the deceased to the place of burial. This use
does not include a crematorium. Characteristics include intermittent periods of high
traffic generation.
Golf Course. Land used for playing golf outdoors which consists of golf holes,
clubhouse facilities which may contain lockers, shower rooms and incidental sale of
golf related items, off-street parking facilities and associated structures for the
maintenance and storage of golf course maintenance vehicles and equipment.
Group Day Care/Nursery School. A non-residential building where child care,
protection and supervision services are provided for a fee on a regular basis for
periods of less than 24 hours per day. This use requires a large, sensitively located
outdoor play area and it generates about four vehicle trips per child per day.
Group Home - Non-Statutory. Occupancy of a residential structure by persons in
need of specialized protection and resident staff who usually live together as a
housekeeping unit for a limited period of time. This use may include outpatient group
counseling, some supervision, forced detention, treatment for mental illness and
chemical addiction, protective shelter, half-way house, and release programs. The
use may be licensed by the State but licensing is not mandated.
Gun Range, Indoor. A totally enclosed building that is equipped for the practice of
shooting firearms, including archery, where no activity associated with shooting is
conducted outside the building.
Heavy Equipment & Specialized Vehicle Sale, Rental & Service. Buildings and
premises for the sale, rental and servicing of equipment and vehicles of the following
types:
1. Farm and Construction machinery or equipment;
2. Buses and vans designed primarily for the transportation of ten (10) or more
passengers;
3. Motor homes, recreational vehicles, trailers and boats of any size.
Heliport. Property used for the landing, taking off, basing, service, and repair of
helicopters used for transportation purposes. Characteristics include noise and the
outdoor storage of helicopters.
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Helistop. Property used for the landing and taking off of helicopters used for
transportation purposes but with no facilities for the service of helicopters.
Characteristics include intermittent periods of noise.
Home Occupations. An occupation, profession, or activity requiring a permit from
the City which provides gainful employment of a resident in a dwelling unit, which is
clearly an incidental and subordinate use to the residential use, and which does not
alter the exterior of the property or affect the residential character of the
neighborhood. Uses that do not qualify as home occupations include, but are not
limited to: auto body painting, motor vehicle sales, motor vehicle service and repair,
retail sales, massage, medical/dental office, animal handling, beauty and barbershop,
warehouse/storage and manufacturing/processing.
Hospital. A building which provides health services primarily for human inpatient
medical or surgical care; including related facilities, such as laboratories, outpatient
departments, training facilities, central service facilities and staff offices.
Characteristics include large institutionally designed buildings, large volumes of
traffic, large parking lots or ramps, 24-hour activity, service vehicles, large quantities
of waste, and emergency vehicles.
Hotel/Motel. Buildings which provide overnight lodging in individual rooms or suites
of rooms, each having a private bathroom, which are rented by day or week; may
include in-room or in-suite kitchens and recreational facilities for use by lodgers.
Restaurants, banquet rooms, arcades, fitness centers and other amenities available
to non-lodgers are considered separate primary uses.
In Vehicle Sales or Service. Sales or service to persons in vehicles; it may include
drive-in, drive-up and drive-through facilities; but does not include motor fuel stations.
Characteristics include high traffic volumes during the typical peak hour traffic period.
Junkyard or Salvage Yard. A place of business that is maintained or operated for
the purpose of storing, keeping, buying, or selling junk.
Library. A building where collections of books and other materials are housed which
is open to the public during regularly scheduled hours which may include weekend
days and evenings. Books and other materials may be available for loan.
Characteristics may include high parking demand and high traffic generation.
Manufacturing/Processing. A building for the production of a physical commodity
or changing the form of a raw ingredient; it may include administrative offices,
warehousing, and limited distribution and outlet sale of a commodity. Characteristics
may include heavy truck traffic, odor and noise of processes and equipment, refuse
storage issues, and the use of toxic and hazardous materials. Concrete plants,
junkyards, slaughter houses, rendering plants, salvage yards, and auto reduction
plants are excluded.
Marina. A business adjacent to a navigable lake providing moorings, docks and/or
slips for boats. It may also offer supplies and services accessory to the principal use.
Marina, Commercial. A mooring facility of seven or more restricted watercraft
wherein boat slips are leased and commercial ancillary services common to marinas
are provided, including boat tours.
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Marina, Recreational. A mooring facility of seven or more restricted watercraft
wherein boat slips are leased and commercial ancillary services common to marinas
are not provided.
Medical/Dental Laboratories. Buildings in which individually produced and made
to order medical and dental prosthetics are created for the specific needs of specific
individuals. Characteristics may include daily deliveries to and from the facilities by
car, van or light truck; minimal heavy truck traffic; no use of outside storage and
occasional visitation of facilities by customers needing specialized attention as to the
make-up and fit of their specific prosthetic.
Medical/Dental Office. A building which provides direct delivery of health related
examination and services or treatment to individuals on an appointment or walk-in
basis; including, but not limited to: counseling, consultation, chiropractic and podiatry.
The use may include a supporting retail component for medicine, health related food,
or other product.
Mooring. Any containment of free-floating watercraft that provides a fixed fastening
for the craft.
Mooring Facility. Any area intended for the mooring of seven or more watercraft by
docks, mooring buoys, or other means.
Motor Fuel Stations. A retail building and accompanying facilities which supplies
and dispenses motor fuels directly into a motor vehicle; it also includes the sale of
motor vehicle accessories, such as lubricants, batteries and tires and may also
include the sale of food, beverages, etc. Motor fuels may be self-serve or dispensed
by an attendant. Light maintenance activities to vehicles including engine tune-ups,
lubrication, repairs, and carburetor cleaning may also be conducted. Characteristics
include outdoor activity, high traffic generation and extended hours of operation. This
use excludes heavy automobile repair including, but not limited to, engine overhauls,
automobile painting, and body work.
Motor Vehicle Sales. Display, sale and rental of automobiles, trucks, watercraft and
recreational vehicles; motor vehicle service and repair often occur in conjunction with
this use. Characteristics may include outdoor activity, outdoor sound systems, truck
deliveries, night and weekend operating hours, and test driving on nearby streets.
Motor Vehicle Service and Repair. Repair, lubrication, washing, detailing,
equipment installation, engine overhauls, and other similar uses involving
automobiles, trucks and recreational vehicles. Characteristics may include the
storage of vehicles, truck traffic, and night and weekend operating hours; motor fuel
stations and auto body/painting are excluded.
Multiple-Family Dwelling. More than two dwelling units contained within a single
structure, where each has an entrance off a hallway or balcony in common with at
least one other dwelling unit. Buildings tend to be large in scale and institutional in
appearance. Other characteristics may include high density, large parking lots and
high traffic generation on roads in the area occupied by this use.
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Museums/Art Galleries. A building which houses collectibles, collections of
artifacts, paintings or sculptures, which is open to the public during regularly
scheduled hours which may include weekend days and evenings.
Nurseries & Greenhouses. A business primarily engaged in providing services
related to or conducting the retail sale of horticulture and floriculture products. These
businesses typically produce their own stock.
Nursing Home. A health care business licensed by the State that provides lodging
and 24-hour care for medically or physically impaired persons usually on a long term
basis. Nursing home residents generally do not have private apartments or kitchens.
This use includes food service and may include supporting medical and retail
services for the residents.
Office. A building in which the handling of information or the performing of
administrative services is conducted; includes services provided to persons both on-
site and off-site on a walk-in or appointment basis such as counseling or indirect or
non-personal service such as real estate, travel agencies, financial agencies,
insurance offices and professional offices. Excludes hospitals or other medical
facilities; except it may include up to a maximum of 10% of the gross floor area in
medical or dental offices. Characteristics include high peak period traffic generation
between the hours of 8:00 a.m. to 5:00 p.m.
Office/Warehouse. A building in which the handling of information or the performing
of administrative services is conducted in conjunction with receiving, holding,
shipping and occasional packaging of commodities. Characteristics include high
peak period traffic generation between the hours of 8:00 a.m. to 5:00 p.m., high truck
traffic generation and parking demand.
On-Site Equipment Storage. Any structure or outdoor storage area designed for
the on-site storage of construction equipment and materials for an active construction
project.
Outdoor Sales. The display and sale or rental of merchandise or equipment outside
of an enclosed building; may include boat sales, canoe sales, nursery sales, lumber
sales; but it excludes the sale of motor vehicles.
Outdoor Sales - Temporary. The display and sale of merchandise, other than
agricultural commodities, outside of an enclosed building where it is offered in
conjunction with an established use that legally sells the same or similar merchandise
within a building on the same site. Characteristics include the use of tents, trailers,
or other temporary structures.
Outdoor Storage. The receiving, keeping or shipping of goods and materials outside
of an enclosed building where outdoor activity includes only the unloading, loading,
and keeping of materials; may include storage yards for contractors, equipment,
lumber, landscaping materials, construction materials and shipping materials and
containers. Storage of unlicensed or inoperable vehicles or other materials typically
associated with a junkyard or salvage yard are excluded.
Parcel Delivery Service/Post Office. A building used for the transshipment of
letters and packages generally less than 100 pounds in weight. Customers may
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purchase stamps, money orders, insurance, and other mail services. Hours of
operation are similar to those of offices, but may include Saturdays. Characteristics
include high volumes of truck and automobile traffic and vehicles stored on premises
overnight.
Parking Lots. Surfaced and improved ground surface areas used for the parking of
licensed and operable motor vehicles for periods of less than 24 hours at a time.
Parking Ramp. A structure built for the storage of licensed, operable motor vehicles
for periods of less than 24 hours at a time. Characteristics may include noise, exhaust
fume odor, heavy traffic and large structure mass and footprint.
Parks/Open Space. A structure or area used for passive recreation including, but
not limited to: hiking trails, natural areas, wild life areas, arboretums, open grass
areas and tot lots.
Park/Recreation. A structure or area used for active outdoor recreation activities
such as baseball diamonds, tennis courts, basketball courts, play fields, playgrounds,
outdoor swimming pools, fitness courses and driving ranges.
Personal Use Airport. A restricted airport intended for the personal use of the
owner of the airport and meeting the criteria of Minnesota Rules 8800.2200.
Police/Fire Stations/Ambulance. Police, fire and ambulance related activities,
either public or accredited with local health care facilities, designed to serve the public
health and safety; may include an office component, storage of fire trucks, police cars
and equipment, and the boarding of personnel within an enclosed building.
Characteristics may include sporadic periods of loud noise, sirens, and activity.
Pollution Abatement Equipment. Equipment and structures that are erected or
installed on property for the purpose of eliminating or abating ground or water
pollution.
Printing Process. A commercial or industrial printing operation involving a process
that is considered printing, imprinting, and reproducing images. Methods may include
but are not limited to off-set printing, lithography, web offset, and flexography.
Private Entertainment (Indoor). Entertainment services provided entirely within an
enclosed building; use may include but is not limited to theaters, health or fitness
centers, bowling alleys, arcades, roller rinks, and pool halls. Characteristics may
include late operating hours, outdoor lighting, noise, and traffic.
Public Service Structure. Buildings which include water towers, utility and public
service related distribution facilities; and waste water and storm drainage structures,
but exclude utility substations. These facilities are normally serviced by small trucks
several times per day and by larger vehicles or equipment on a periodic basis.
Buildings typically have large windowless walls and an institutional appearance.
Recycling Center. An enclosed building for the collection, sorting, temporary
storage, processing and shipment of recyclable materials for reuse in their original
form or use in manufacturing processes. Recycling facilities may include the
following:
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Designated Recycling Center. An enclosed building which has complied with the
permitting rules of the Pollution Control Agency and is open a minimum of 12
operating hours each week, 12 months each year, and accepts for recycling at least
four different materials such as paper, glass, plastic and metal.
Light Processing Recycling Center. A building or enclosed space occupying an
area less than 45,000 square feet and used for the collection and processing of
recyclable materials. Processing does not include end-use manufacturing or
industrial use but may include the preparation of material for efficient shipment or
end-user's specifications, by such means as baling, briquetting, compacting,
flattening, grinding, crushing, mechanical sorting, and shredding.
Religious Institutions. A building where people gather to relate or manifest faithful
devotion to an acknowledged ultimate reality or deity. This use is characterized by
meeting rooms, education and training, indoor activities, intermittent parking needs,
group singing or chanting and music. The assembly typically meets on weekends or
evenings. The building may be utilized at other times for meetings and other
activities. Accessory uses which frequently accompany the principal use include day
care and park and ride.
Research and Testing Laboratories. Buildings used for carrying on investigation
in natural or physical sciences, or engineering and development as an extension of
investigation with the objective of creating end projects, on a contractual or fee basis.
Restaurants. An establishment whose principal business is the sale of food and
beverages which are prepared and served in individual portions in a ready to
consume state for consumption on site. This use is often found in conjunction with
bars, hotels and food service. It is preferably located on major thoroughfares with no
access to residential streets. Characteristics include late hours of operation, refuse,
high car and truck traffic generation, and cooking odors. A food service or deli is not
considered to be a restaurant if seating is provided for ten or fewer persons.
Retail. A use where merchandise or equipment is displayed, rented, or sold and
where delivery of merchandise or equipment to the ultimate consumer is made;
includes limited production, repair or processing as an accessory use. Hours of
operation generally begin after a.m. peak traffic period and extend to time ranges
from 5:00 p.m. to 10:00 p.m.; although some convenience stores and grocery stores
are open 24 hours per day. Characteristics include high parking demand and high
off-peak traffic generation; prefers high visibility and access to major thoroughfares.
This use includes but is not limited to camera shops, clothing stores, department
stores, grocery stores, video stores, discount stores, jewelry stores, liquor stores,
delicatessens, retail bakeries, toy stores; but excludes restaurants, bars, motor
vehicle sales, and motor fuel stations.
Retail Sales, Limited. The retail sales of goods, wares, or merchandise
manufactured, produced, or assembled on site and the retail sales of related products
or goods which are clearly incidental and subordinate to the goods, wares, or
merchandise manufactured or assembled on site.
Rooming House. A building where lodging is provided for between 3 and 8 persons
and is the primary residence of the owner. Lodging is available on an extended basis
City of Prior Lake
1101/p10
June 1, 2009
Zoning Ordinance
rather than daily or weekly. No provision for cooking is provided in any of the rooms
by lodgers.
Self-Service Storage Facility. A business consisting of a structure or group of
structures containing separate storage spaces leased for the storage of goods,
products, materials or other objects.
Service. On-site service provided directly to an individual; includes, but not limited
to: barber shops, beauty shops, massage parlors, laundromats, shoe repair shops,
and dry cleaners where articles to be cleaned are picked up and delivered by the
patron.
Shopping Center. A group of commercial uses planned, developed and/or
managed as a unit which has common parking facilities and contains a minimum of
50,000 square feet of total floor area. Shopping centers may include more than one
building and more than one contiguous property. Theaters and restaurants with
liquor which locate within shopping centers will be considered separate principal uses
for establishing parking requirements.
Showroom. The display of merchandise and equipment and its sale to a customer
where delivery of purchased merchandise is made directly to the consumer from a
warehouse. Merchandise or equipment which is sold may include, but is not limited
to: furniture, appliances, plumbing fixtures, lighting and carpeting.
Single-Family Dwelling, Attached. A residential structure designed to house a
single-family unit from lowest level to roof, with a private outside entrance, but
sharing a common wall with adjoining dwelling units.
Single-Family Dwelling, Detached. A fully detached residential structure
designed to house a single-family unit from lowest level to roof, sharing no
common walls with adjoining dwelling units.
Stable, Commercial.A structure or land use area used to keep horses for sale or
hire to the public. Breeding, boarding, or training of horses may also be conducted.
The use may also include commercial riding arenas open to the general public.
Stable, Private. An accessory structure or land use that is designed, arranged, used,
or intended to be used for the keeping of horses for the private use of the occupants
of the principal dwelling and their guests, but in no event for hire.
State Licensed Residential Facility. A State licensed residential facility occupied
by persons in need of specialized treatment or protection and resident staff who live
together as a single housekeeping unit, usually for a limited period of time. The use
includes outpatient group counseling, some supervision and treatment programs.
The maximum number of clients served is specified by Minnesota State Statute.
Persons served may include the developmentally disabled or challenged and
severely physically handicapped.
Studio. A building where the practice or study of the visual and audio arts occurs;
may include painting, sculpting, photography, recording, radio and television studios.
This use also includes dance studios and studios for the martial arts. This use does
not include large industrial photography or printing processes.
City of Prior Lake
1101/p11
June 1, 2009
Zoning Ordinance
Temporary Structures. A building other than a “building construction structure”
existing for a period not exceeding six months.
Transportation Facility. Any lot or land area used for the storage or layover of
passenger buses, motor coaches, rental vehicles, taxis, van pools, rental moving
vehicles, or similar (typically includes parking, storage of vehicles, and may include
some maintenance). Parking of cars/vans/pickups that are accessory to a primary
use would be exempt from the above definition.
Two-Family Dwelling. Two dwelling units attached in a single structure, each having
a separate outside entrance. Dwelling units may be located on individual lots or on
a lot in common.
Utility Substations. A structure of electrical components to transform high voltage
electricity into lesser voltages to make suitable for distribution to end users. The use
consists of a large structure and numerous power lines which are difficult to screen.
This use has minimal outdoor activity and traffic generation.
Warehouse/Storage/Distribution. A building for receiving, holding, shipping and
occasional packaging of commodities. With the exception of loading and unloading
of commodities, and parking and storage of trailers, all functions are generally within
an enclosed building. Characteristics may include high truck traffic and low parking
demand. This use may include, but is not limited to, conventional warehouse facilities
and joint warehouse and storage facilities.
Waste Hauler. The collection and transporting, delivering and disposing of solid
waste and recyclable materials generated from commercial and residential
premises. For the purpose of this definition, this use does not include the collecting
and transporting, delivering and disposing of Hazardous Waste, as defined in
Minnesota Statute 609.671, as may be amended from time to time.
Watercraft. Any vessel, boat, canoe, raft, barge, sailboard, or any similar device
used or useable for carrying and transporting persons on the public waters.
Watercraft, Restricted. Watercraft for use on or stored on the public waters except
for unrestricted watercraft as defined in this section.
Watercraft, Unrestricted. Watercraft for use on or stored on the public waters
which is:
1. 16 feet or less in length and unmotorized; or
2. 16 feet or less in length which uses a motor of 10 horsepower or less; or
3. 20 feet or less in length and unmotorized, and which is propelled solely
by human power.
Wholesale. The selling of merchandise to retailers, or to industrial, commercial or
professional business customers, or to other wholesalers or on a mail order basis to
individuals or firms, or which serve as agents or brokers buying merchandise for, or
selling merchandise to, individuals and companies.
Wind Generators. A turbine having a large vaned wheel rotated by the wind to
generate activity and extract usable energy from winds.
City of Prior Lake
1101/p12
June 1, 2009
Zoning Ordinance
(Ord. Amd. 112-06, publ. 12/22/12)
1101.1100: RCM
:The unrestricted use of
EGULATION OF OMPETITION OTORCYLES
competition motorcycles creates a disturbance by reason of excessive noise and
dust and interrupts the peaceful enjoyment of property in proximity to the use of
such vehicles. Therefore, these regulations are intended to limit the adverse
consequences of such use while allowing their use under specified conditions.
:
Definition of Competition Motorcycles
1101.1101Any motorcycle that is designed and
marketed solely for use in closed course competition events and is subject to the
labeling requirements of 40CFR Volume 16, Parts 190-259, Section 205.158. Each
such motorcycle shall carry a label which reads “This designed for closed course
competition only. It does not conform to U.S. EPA motorcycle noise standards”.
Operation of Competition Motorcycles:
1101.1102No competition motorcycle shall be
operated in the City limits within 1,000 feet of a residential structure or property
zoned R-S, R-1, R-2, or R-3.
City of Prior Lake
1101/p13
June 1, 2009
Zoning Ordinance
TSIB
(
HISPACE NTENTIONALLY LANK
FA)
F
ORUTUREMENDMENTS
City of Prior Lake
1101/p14
June 1, 2009
Zoning Ordinance
SECTION 1104
SHORELAND REGULATIONS
DRAFT 5/12/14
[AMENDMENTS SHOWN AS ADDITIONS AND DELETIONS]
S
UBSECTIONS
1104.100: General Provisions
1104.200: Designation of Types of Land Use
1104.300: Zoning Provisions
1104.400: Shoreland Alterations
1104.500: Special Provisions for Commercial, Industrial, Public/Semi-Public,
Agricultural and Forestry
1104.600: Water Supply and Sewage Treatment
1104.700: Conditional Uses
1104.800: Planned Unit Developments (PUDs)
1104.900: Development on Nonconforming Lots
1104.100GP
:.
ENERALROVISIONS
Statutory Authorization
1104.101: This Chapter is adopted pursuant to the
authorization and policies contained in Minnesota Statutes, chapter 103F,
Minnesota Code of Agency Regulations, parts 6120.2500 - 6120.3900, and the
planning and zoning enabling legislation in Minnesota Statutes, chapter 462.
Policy
1104.102: 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.
Subsections 1104.103 through 1104.306 not shown here
Additional Special Provision
1104.307:
(1) Residential subdivisions with dwelling unit densities exceeding those in
Subsection 1104.301 and 1104.302 of this subsection shall only be allowed if
designed and approved as residential planned unit developments under
Subsection 1104.800. Only land above the ordinary high-water level of public
water can be used to meet lot area standards, and lot width standards must be
met at both the ordinary high-water level and at the building line.
City of Prior Lake
1104/p1
June 1, 2009
Zoning Ordinance
(2) Subdivisions of duplexes, triplexes, and quads on Natural Environment Lakes
must also meet the following standards:
a. Each building must be set back at least 200 feet from the ordinary high-
water level;
b. Each dwelling unit must be separately served by public utilities, none of
which are shared;
c. Watercraft docking units must be separately served by public utilities,
none of which are shared;
d. No more than 25% of a lake's shoreline can be in duplex, triplex or quad
developments.
(3) Lots intended as controlled access 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. The lot must meet the lot width and area 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 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 6,
consistent with the following table:
(3) Mooring Facilities shall meet the following conditions as determined by the
Zoning Administrator:
a. The facility shall be compatible with the adjacent land and water uses.
b. Adequate water depth is available for the proposed facility without
churning of bottom sediments.
c. The facility will not create a volume of traffic on the lake in the vicinity of
the facility that will be unsafe or will cause an undue burden.
d. The facility will not affect the quality of water and the ecology of the lake.
e. The facility, by reason of noise, fumes or other nuisance characteristics,
will not be a source of annoyance to persons in the vicinity of the facility.
f. Adequate sanitary and parking facilities will be provided in connection
with the facility.
g. Compliance with the provisions of Subsection 1104.307(4), (5) or (6) as
applicable.
City of Prior Lake
1104/p2
June 1, 2009
Zoning Ordinance
h. A Mooring Facility Permit shall be obtained as set forth in Subsection
1104.307(7)
(4) Controlled Access Lots shall meet the following conditions as determined by
the Zoning Administrator:
a. The lot must be suitable for the intended use as a Mooring Facility.
b. The lot must be jointly owned by all purchasers of lots in the subdivision
or by all purchasers of non-riparian lots in the subdivision who are
provided access rights on the lot.
c. The entire lot shall be a minimum of 20 feet in depth measured from the
Ordinary High Water Elevation.
d.The allowable number of Boat Slips for a Controlled Access Lot shall be
based on the conditions identified in Subsection 1104.307(3) and (4);
provided however, in no case shall the number of boat slips exceed 1
Boat Slip for every 12.5 feet of Lot width as measured at the Ordinary
High Water Elevation.
Controlled Access Lot Frontage Requirements
Ratio of Lake Size To ShoreRequired Increase In
Length (Acres/Mile)Frontage (Percent)
Less than 100 25
100 - 200 20
201 - 300 15
301 - 400 10
Greater than 400 5
c. The lot used for controlled access to public waters or as a recreation
area must be jointly owned by all purchasers of lots in the subdivision or
by all purchasers of non-riparian lots in the subdivision who are provided
riparian access rights on the access lots; and
ed. Covenants or other equally effective legal instruments must be recorded
against the Controlled Access Lot and all benefiting lotsdeveloped and
recorded that specify which lot owners have authority to use the
ControlledAaccessLlot and what activities are allowed. The activities
may include watercraft launching, loading, storing, beaching, mooring,
or docking. The covenants mustmay also include other outdoor
recreational activities that do not significantly conflict with general public
use of the public water or the enjoyment of normal property rights by
adjacent property owners. Examples of the non-significant conflict
activities include swimming, sunbathing, or picnicking. The covenants
must limit the total number of watercraft allowed to be securely moored,
docked, or stored over water, and must require centralization of all
common facilities and activities in the most suitable locations on the lot
City of Prior Lake
1104/p3
June 1, 2009
Zoning Ordinance
to minimize topographic and vegetation alteration. The covenants must
also require all parking areas, storage buildings, and other facilities to
be screened by vegetation or topography as much as practical, from
view from public water, assuming summer, leaf-on conditions.
(5) Recreational Marinas shall be allowed on a riparian lot in the R-2 or C-2 Zoning
Districts. The lot and Recreational Marina shall meet the following minimum
conditions as determined by the Zoning Administrator:
a. The minimum lot size shall be one (1) acre.
b. The allowable number of Boat Slips shall be based on the conditions
identified in Subsection 1104.307(3) and (5).
c. The lot shall provide paved off-street parking at a minimum ratio of one (1)
parking space per four (4) Boat Slips; parking shall not be located below the
Ordinary High Water Elevation and shall further meet the standards in
Subsection 1104.501(1) of this Ordinance. In addition, a landscaping buffer
shall be installed and maintained between the parking and the Ordinary
High Water Elevation sufficient to capture and filter all run-off from the
parking.
d. The lot shall meet the impervious surface coverage requirements in
Subsection 1104.306 of this Ordinance. For purposes Subsection 1104.306
(2) and (3), Recreational Marinas shall be defined as a permitted
commercial (“C”) use.
e. All General Performance Standards in Section 1107 of this Ordinance shall
apply. Bufferyards, Type C, as defined in Subsection 1107.2005, shall be
constructed along any “R” Use District. Signage shall be allowed per
Subsection 1107.810 for Lake Services and shall further meet the standards
in Subsection 1104.501(3) of this Ordinance.
(6) Commercial Marinas shall be allowed on a riparian lot in the R-2 or C-2 Zoning
Districts. The lot and Commercial Marina shall meet the following minimum
conditions as determined by the Zoning Administrator:
a. The minimum lot size shall be one (1) acre.
b. The lot shall provide paved off-street parking at a minimum ratio of one (1)
parking space per four (4) boat slips; parking shall not be located below the
Ordinary High Water Elevation and further meet the standards in Subsection
1104.501(1) of this Ordinance. In addition, a landscaping buffer shall be
installed and maintained between the parking and the Ordinary High Water
Elevation sufficient to capture and filter all run-off from the parking.
Additional off-street parking may be required for boat tours or if the Zoning
Administrator determines that an ancillary use requires additional parking.
c. The lot shall have public bathrooms connected to municipal sanitary sewer
as approved by the City.
City of Prior Lake
1104/p4
June 1, 2009
Zoning Ordinance
d. The lot shall meet the impervious surface coverage requirements in
Subsection 1104.306 of this Ordinance. For purposes Subsection 1104.306
(2) and (3), Commercial Marinas shall be defined as a permitted commercial
(“C”) use.
e. All General Performance Standards in Section 1107 of this Ordinance shall
apply. Bufferyards, Type C, as defined in Subsection 1107.2005, shall be
constructed along any “R” Use District. Signage shall be allowed per
Subsection 1107.810 for Lake Services and further meet the standards in
Subsection 1104.501(3) of this Ordinance.
f. Hours of operation for boat tours shall be limited to between 7:00 a.m. and
10:00 p.m., seven days a week.
g. Commercial Marinas shall obtain and comply with a permit issued by the
Minnesota Department of Natural Resources. The permit shall determine
the number of allowable Boat Slips.
(7) All Mooring Facilities shall obtain a Mooring Facility Permit. An application for
a Mooring Facility Permit shall be on a form provided by the City and shall follow
the applicable procedure as set forth below:
a. Controlled Access Lots.
i. Applicants applying for a Mooring Facility Permit for a Controlled
Access Lot shall submit the application to the Zoning Administrator.
The Zoning Administrator shall review the application for compliance
with the conditions identified in Subsection 1104.307(3) and (4).
Within thirty (30) days of receipt of a complete application, the Zoning
Administrator shall either approve or deny the permit. Upon a denial
of the permit, notice shall be sent by regular mail to the applicant which
notice shall provide the grounds for such denial and shall inform the
applicant of the applicant’s right, within twenty (20) calendar days of
receipt of the notice by applicant, to request an appeal of the Zoning
Administrator’s determination to the City Council. If an appeal to the
City Council is timely received by the Zoning Administrator, the hearing
before the City Council shall take place within 20 calendar days of the
receipt of the appeal by the Zoning Administrator. Upon approval of a
permit, the Zoning Administrator shall issue a Mooring Facility Permit
to the applicant.
ii. Mooring Facility Permits for Controlled Access lots shall expire upon
the earlier of (i) any change to the Mooring Facility including but not
limited to a change in the structure, size, or layout of the facility; or (ii)
three (3) years from the date of issuance.
iii. Mooring Facility Permits for Controlled Access lots may be revoked or
cancelled following the procedure set forth in Subsection 1108.221.
City of Prior Lake
1104/p5
June 1, 2009
Zoning Ordinance
b. Recreational Marinas. Applicants applying for a Mooring Facility Permit for
a Recreational Marina shall apply for a Conditional Use Permit following the
procedures set forth in Subsection 1108.205 through 1108.222. The
conditions set forth in Subsection 1104.307(3) and (5), as well as any
additional conditions imposed by the Planning Commission or City Council,
shall apply to Conditional Use Permits issued to Recreational Marinas.
c. Commercial Marinas. Applicants applying for a Mooring Facility Permit for
a Commercial Marina shall apply for a Conditional Use Permit following the
procedures set forth in Subsection 1108.205 through 1108.222. The
conditions set forth in Subsection 1104.307(3) and (6), as well as any
additional conditions imposed by the Planning Commission or City Council,
shall apply to Conditional Use Permits issued to Commercial Marinas.
(8) All non-compliant Mooring Facilities existing as of the adoption of this
Ordinance shall be legal nonconforming uses subject to Minn. Stat. 462.357,
Subd. 1e.
Placement, Design, And Height Of Structures
1104.308:
Piers and Docks
(1): Setback requirements from the ordinary high-water mark
shall not apply to piers and docks. Location of piers and docks shall be
controlled by applicable state and local regulations.
Setback Requirements For Residential Structures
(2): On shoreland lots that
have 2 adjacent lots with existing principal structures on both such adjacent
lots, any new residential structure or any additions to an existing structure may
be set back the average setback of the adjacent structures from the ordinary
high-water mark or 50 feet, whichever is greater, provided all other provisions
of the Shoreland Overlay District are complied with. In cases where only one
of the two lots adjacent to an undeveloped shoreland lot has an existing
principal structure, the average setback of the adjacent structure and the next
structure within 150 feet may be utilized. Setback averaging may not be utilized
when an undeveloped shoreland lot is adjacent to two other undeveloped
shoreland lots. In no instance shall a principal structure be located in a shore
impact zone or a bluff impact zone.
a. The following shall not be considered encroachments into the lakeshore
or bluff setback:
1) Eaves, gutters and basement egress windows, provided they do not
extend more than 2 feet into a yard; and provided such encroachment
is no closer than 5 feet from any lot line.
2) Yard lights and nameplate signs for one and two family dwellings in
the R-1, R-2 and R-2 districts.
City of Prior Lake
1104/p6
June 1, 2009
Division of Ecological and Water Resources
1200 Warner Road
Saint Paul, MN 55106-6793
May 14, 2014
Dan Rogness
Community and Economic Development Director
4646 Dakota Street SE
Prior Lake, MN 55372
Re: Conditional Approval of Prior Lake Shoreland Ordinance Amendments
Dear Mr. Rogness:
Thank you for sending your proposed Shoreland Ordinance amendments to me for
review. Based on our discussions I understand that Prior Lake is amending the ordinance
in order to modify the regulation of all mooring facilities, including controlled access lots
and commercial and recreational marinas. I have reviewed your proposed amendments
received on May 13, 2014 for compliance with the statewide shoreland Rules (MR
6120.2500 – 6120.3900) as well as for additional shoreland and water quality protection
opportunities.
Conditional Approval
I am pleased to inform you that the proposed amendments are substantially compliant
with the statewide rules and conditionally approved. I have not identified any changes
that need to be made.
Additional Protection Recommendations
I have also reviewed the proposed amendment for additional shoreland and water quality
protection opportunities that go beyond the minimum statewide rules. Thank you for
incorporating the changes that we have discussed during development of the ordinance
changes, including the buffering requirement for marina parking lots.
Next Steps
Following are the steps for completing and receiving final DNR approval for your
amendments:
1.The city council adopts the ordinance amendments revised according to the listed
conditions.
2.Email me the completed Ordinance Processing Checklist (attached) and the
documents identified on the checklist within 10 days of city council decision.
3.I will review the ordinance amendments adopted by the city council.
4.If the adopted amendments are consistent with the statewide shoreland rules, I
will send you a “final approval” letter. The ordinance amendments will not be
effective until the DNR provides final approval.
mndnr.gov
An Equal Opportunity Employer
DNR Information: 651-296-6157 1-888-646-6367 651-296-5484 1-800-657-3929
I appreciate the opportunity to work with you in updating Prior Lake’s shoreland
ordinance. I will continue to be available to help the Prior Lake administer the ordinance
and to consult with you on other water-related projects and plans, and their
implementation.
Sincerely,
Jennie Skancke
DNR Area Hydrologist
Cc: Terri Yearwood, DNR Regional Manager
Jeanne Daniels, DNR District
Dan Petrik, DNR Land Use Specialist
mndnr.gov
An Equal Opportunity Employer
DNR Information: 651-296-6157 1-888-646-6367 651-296-5484 1-800-657-3929